A Paddocks Sectional Title Lifestyle Blog
By Jennifer Paddock
One of my readers recently asked me a question relating to proposed special resolutions being sent out using email which I thought I’d share with you:
I have just read in an article that a letter of Special Resolution must be hand-delivered or sent by registered post. Can it not be emailed to all owners?
Hi Dave, interesting question – I presume the article you read relates to section 1(2) of the Sectional Titles Act which deals with the notice procedure for a meeting at which a special or unanimous resolution is on the agenda. This provision states that notice of that meeting will be “deemed adequate” if hand delivered or dispatched by prepaid registered post.
However, as you probably know, special resolutions can also be taken by ’round robin’ procedure ie. in writing, and the definition of a ‘special resolution’ in terms of section 1(1) of the Act which deals with the requirements for a round robin special resolution does not specify how that resolution must be sent to owners. Therefore in my opinion, a proposed special resolution could be sent out to all owners by any means (including email) and provided 75% of all owners agree in writing to the resolution – it would have been properly passed by round robin procedure.
If you are interested in reading more, I have blogged about Special Resolutions in more detail here:
If you have any comments on this post share them with me below!
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