Tashreeq Jaffar is a practising Attorney and Conveyancer in the firm's Property Law and Developments Department. He obtained his LLB Degree from the University of the Western Cape, completed his Articles with STBB and was admitted as an Attorney in February 2018 and as a Conveyancer in December 2018. As an Associate to Allan White and Steven Borwick in the STBB Developments Department, Tashreeq deals with all matters related to Sectional Title Developments. As a young enthusiastic Conveyancer he enjoys taking on all technical conveyancing matter such as non-compensation agreements between developers and the City of Cape Town, Transfer of Common Property within a Sectional Title Scheme, drafting and registration of Notarial Deeds of Servitude.

Blog | Attend your body corporate meeting Via WhatsApp?

Physical attendances to annual and special general meetings may not always be possible for every member in a Sectional Title Scheme.

Prescribed Management Rule 17(10) read with Prescribed Management Rule 17(11) seeks to alleviate this problem by providing for alternative forms of attendance.

There are three simple requirements that need to be met to make use of this method:
1) The method needs to be accessible to all members.
2) The method used should permit all persons participating in the meeting to communicate.
3) The Chairperson should be able to confirm, with reasonable certainty, the identity of the participants.
Attendances via telephone is specifically mentioned in PMR 17(10).
With a telephone call, the chairperson would be in a position to confirm, with reasonable certainty, the identity of the participant. All members would have access to a telephone and be able to communicate via this method. This method is enhanced by using Skype or video calls.

What about attendance via WhatsApp?
This is possible, provided that the Chairperson can confirm, with reasonable certainty, the identity of the participant (this should not be a problem as most chairpersons would have the contact numbers of members within the Sectional Scheme concerned).

WhatsApp is a method that all members would be able to access. The trick is dealing with the communication requirements. In order to meet this requirement, the chairperson would need to create a group with all participants. It should be very clear that this would be an administrative burden as constant updates would need to be posted in order for those not present to be afforded an opportunity to participate effectively.
For small schemes, this would be the perfect tool. This method would assist in completing quorum required for any special or unanimous resolutions that need to be taken. However, the WhatsApp Method may be an administrative burden in larger schemes where a large number of members would need to added by the chairperson. This method may be advisable for the larger schemes that have issues with obtaining the necessary attendance threshold or for the special general meeting calls for matters of urgency.