Sectional Title: Can the Trustees or Managing Agent Give Out Owners’ Contact Details?
We get this question a lot!
Trustees and managing agents are often approached by an owner asking for the contact details of all other owners in the scheme. When the request is refused the owner goes ballistic and starts sprouting his right to information under the Constitution and the Promotion of Access to Information Act. But what about your right as an owner not to have your personal information disseminated? And why does he want your details anyway?! Normally to canvass for proxies or for some reason which benefits him and not you.
So what is the legal position – can they give out your details?
In terms of the prescribed rules made under the Sectional Titles Act the trustees must allow any owner (not any outsider!!) to inspect the register of owners. The register includes all owners’ names and their addresses for the service of body corporate documentation. This is the only information that the trustees and managing agent are obliged to give out if requested to do so by an owner.
They are not entitled to give out:
- your home phone number
- work phone number
- cellphone number; or
- email address (unless you have chosen your email address as your service address for body corporate documentation).
Unless you have given them permission to do so.
And they are not allowed to give any of your details to any one outside the scheme without your consent.
So there you have it. You can’t get away from being contacted by other owners through your service address for body corporate mail, but you can protect your personal phone numbers and email addresses.
What are your thoughts on this issue – have you had a problem with this in your scheme?
Image source: http://www.paretologic.com
Thinking Inside the Box 
What is the situations regarding Trustees detials given to owners?
Hi Cheryl,
Thank you for your comment. We would love to help but unfortunately do not give free advice. Please see below for how we can help:
– We offer consulting via telephone for R490 for 10 minutes. Please call 0216863950.
– We have Paddocks Club, an exclusive online club, headed by Prof Graham Paddock, to help you get answers to your questions about community schemes: http://club.paddocks.co.za/
Kind regards,
Paddocks
I asked whether the Managing Agents would forward my concerns to other owners as they would NOT give me the details of other owners in the complex…
Is this a fair request….we would like to call a GM and want to canvass other owners.?
Dear Dianne,
Thank you for your comment. We are more than happy to help, however we do not give free opinions / advice. Please email us on consulting@paddocks.co.za with regards to your matter, and we can provide you with a no-obligation quote, so that we can assist you.
Kind regards,
Paddocks
What happens when a member of the corporate body wants access to the Body Corporate’s bank account and access to all the payments, documentation etc. held by the managing agents?
Hi Valerie,
Members of the body corporate, other than the trustees, cannot have access to the bank account of the body corporate. However, members are entitled to inspect the body corporate records, which include the financials of the body corporate.
Regards,
Paddocks
Hi
I have just become a body corporate member and I requested the names and contact details of the trustees. But the managing agent is not even responding to my e-mails and when I called him, he cried POPI ACT.
Please advise.
Hi Asogan,
Thanks for your question. In terms of section 37(1)(l) the body corporate must comply with any reasonable request for the names and addresses of the persons who are the trustees of the body corporate. Carryn addressed this question in the last two paragraphs of her blog post “Wake up and smell the POPI” which can be located at this link: https://paddocksblog.com/2015/02/23/wake-up-and-smell-the-popi/.
Thanks,
Paddocks
Can a BC supply a tenant with Owner Address (only) (living in the same scheme) for purpose of litigation?
Hi Bob,
Unfortunately, they cannot. The service or domicilium address of an owner is the owner’s registered unit within the scheme, unless written notification has been sent to the body corporate to the contrary. In terms of PMR 35 (1) (c) the trustees are obliged to keep a register of owners showing their addresses (domicilium addresses), which shall be made available by inspection by any owner, registered mortgagee or managing agent upon application.
When all has been said and done, it is very frustrating when most owners do not reside in the complex itself, and when I (as an owner) wish to communicate with other owners regarding a certain aspect of the Conduct Rules, I get shot down by the trustees, POPI is being cited, and I am being prevented from my right to discuss BC issues with other owners.
It is important that managing agents do not give information or data away. They have a duty to safeguard data and even are required to register with ICO to ensure they abide by its regulations.
the important role is NOT to divulge personal info on other members of the BC!
Hello,
Trustees and managing agents are often approached by an owner asking for the contact details of all other owners in the scheme.Managing agents are playing a very important role during a project.
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The new soon to be signed by the President “POPI Act” or Protection of Personal Information Act is very much on the lips of liability insurers. I am wondering how this impacts on Bodies Corporate and Managing Agents especially as far as providing names and addresses where this seems to be deemed an offence if one reads the definition of “personal information” and what is meant by the processing of such. I am wondering whether this legislation over rides any rules regarding provision of names and addresses. We are looking at extending liability cover for omissions / errors in this regard – new topic for workshops / discussion!
We, the trustees, requested details from all owners, including a non resident contact for emergencies, if they wished. We also asked if they did or did not want their details distributed to other owners and we then only released those numbers and the trustees keep the rest private.
Estate Agents should take notice ! They can become very upset if Managing Agents refuse to give out contact details.
Estate Agents seem to think that Managing Agents are a “service industry” for them! They can get a mandate signed but not ask the owner where he parks, what his square metres are, what his section number is etc etc. i have heard them saying “don’t worry i will get this from the MA” They are a pain in the proverbial, interrupting staff whilst they are busy requesting info that they can get from the Deeds Office, or their in house programs.
We now say “Fine – please send me a signed affidavit from the owner allowing us to give this information to you.” and that is the last we hear from them. 🙂