Signed, sealed, but not delivered

By Jennifer Paddock

How to serve body corporate meeting notices when registered mail doesn’t work

By Jennifer Paddock

If you’re in KwaZulu-Natal (or frankly anywhere in South Africa right now), you know the story: stamps are scarce, red post boxes aren’t cleared, and “registered” letters boomerang back months later, if they come back at all. Yet the Sectional Titles Schemes Management Act No. 8 of 2011 (STSMA) still requires bodies corporate to send certain general meeting notices, if not by hand, then by prepaid registered post.

I’ve formally proposed, via the STSMA Advisory Council, that section 6(3) of the STSMA be amended to remove this outdated “prepaid registered post” requirement. Until the law catches up, here’s how to stay legally defensible and practically sane.

1. When the “prepaid registered post” requirement actually applies

Section 6(2)-(4) of the STSMA only applies when a special or unanimous resolution is on the agenda of a body corporate general meeting. In that case:

• The body corporate must give at least 30 days’ written notice of the meeting (unless the rules allow a shorter period) [section 6(2)];
• The notice must be served by hand or by prepaid registered post [section 6(3)]; and
• Additionally – but, importantly, not alternatively – the notice may also be sent by fax or email [section 6(4)].

In practice, fax is virtually obsolete, but email remains useful as a complementary method of delivery, not a substitute.

1. Two legally defensible, workable routes to consider

2.  Limit general meeting agendas to ordinary resolutions and take special and unanimous resolutions in writing

If the general meeting agenda includes only items requiring ordinary resolutions, then section 6(2)-(4) doesn’t apply. That means there’s no legal requirement to deliver the meeting notice by hand or send it by prepaid registered post. The meeting notice simply needs to be sent to the owner at their service address (domicilium) which by default is the address of the owner’s section, but may be updated by the owner to another address or an email address [PMR 4(5)].

The STSMA allows special and unanimous resolutions to be passed in writing (by round-robin) [see definitions in section 1(1)]. These written special and unanimous resolutions are not subject to the “by hand or prepaid registered post” requirement.

So, if you limit your scheme’s general meeting agendas to ordinary resolution items only, and circulate all special and unanimous resolutions in writing, you can lawfully and entirely sidestep the prepaid registered post problem.

1. When special or unanimous resolutions are on the agenda – build a “belt-and-braces” record

If the general meeting agenda does include a special or unanimous resolution, aim for substantial compliance with section 6(3) STSMA in a collapsed-post environment by using multiple service channels and keeping impeccable records.

A defensible service protocol:

• Email the full meeting pack to every owner; request read receipts and keep bounce logs.
• WhatsApp the meeting notice or a link to the pack to all owners who use this App. Double grey ticks show delivery; blue ticks (if enabled) show it was read. Take screenshots with timestamps and ticks.
• Hand-deliver to resident owners (in their hands, under their door or into their post box) and obtain a signature or a geo-tagged photo for proof.
• Courier to non-resident owners. Keep waybills and proof of delivery.
• Body corporate website or owner portal: Upload the meeting pack to the body corporate’s website and/or owner portal for universal access.
• Noticeboard: Pin a copy of the meeting pack to a noticeboard in a visible common property area.
• Proof of service: Maintain a “service dossier” containing all proofs.

While section 6(3) STSMA still technically requires “by hand or prepaid registered post”, demonstrating that you took reasonable, good-faith, multi-channel steps shows substantial compliance and supports the body corporate’s case if service is later challenged.

3. Two admin fixes to adopt now (they’ll save you later)

(a) Get written consent to electronic service

Request all owners, if they haven’t already, to update their service addresses under PMR 4(5) to email addresses. This can be done by circulating a one-page “Electronic & Mobile Address for Service” form where owners nominate an email address (and ideally also a WhatsApp number) and consent to electronic service of body corporate notices and communications, given the postal collapse.

Owner consent plus proof of multi-channel service is strong evidence of fairness and substantial compliance.

(b) Minute the reality

At your next Annual General Meeting or Special General Meeting, record that the South African Post Office is not functional locally, and that until services resume, the body corporate will follow the multi-channel approach described above for section 6(2) notices, maintaining a detailed service dossier for each meeting.

4. What not to do

• Don’t send general meeting notices only by email when a special or unanimous resolution is on the agenda. You still need hand-delivery or courier (plus proof) as evidence of substantial compliance.
• Don’t rely on WhatsApp alone as a formal service method – use it only as a courtesy and additional proof of delivery.

5. If someone still challenges service

Defend the body corporate by demonstrating:

• the objective collapse of the postal system,
• good-faith, multi-channel service efforts, and
• lack of prejudice, showing that owners received the documents timeously.

This approach provides a solid basis for condonation if the matter ever reaches the Community Schemes Ombud Service or a court.

6. Conclusion: Lawful, sensible, and fair

Until section 6(3) of the STSMA is modernised, bodies corporate must navigate the gap between legislative formality and practical reality.

By understanding when the registered prepaid post rule applies, avoiding it entirely if possible, or using multi-channel service with written consents, and keeping clear proof of delivery (particularly by hand and courier), a body corporate can demonstrate both substantial legal compliance and procedural fairness – even when the post office doesn’t deliver.

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Article reference: Paddocks Press: Volume , Issue

This article is published under the Creative Commons Attribution license.

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