Can a body corporate discuss topics that were not on the AGM Agenda?

All sectional title schemes are required to hold annual general meetings (AGMs) in accordance with the provisions of the Sectional Titles Schemes Management Act (STSMA) of 2011. According to the STSMA, a notice of at least 14 days must be given to all members of the sectional title scheme for the Annual General Meeting (AGM).

The notice should include the date, time, and venue of the AGM, as well as the agenda for the meeting. The notice can be sent by post, hand-delivered, or sent electronically, provided that the method used is one that has been agreed to by the member concerned.

While the AGM of a sectional title scheme must have an agenda, members are not limited to discussing only the matters included on the agenda. The Sectional Titles Schemes Management Act (STSMA) of 2011 allows for any matter related to the scheme to be discussed at the AGM, regardless of whether it is on the agenda or not.

However, it is important to note that any matter raised at the AGM that is not on the agenda may not be voted on, unless all members of the scheme have been given reasonable notice of the matter in writing prior to the meeting. This ensures that all members have an opportunity to consider the matter and come prepared to discuss and vote on it, if necessary.

In addition, the chairperson of the meeting has the discretion to control the discussion and ensure that it remains relevant and within the scope of the scheme’s affairs. The chairperson may rule that a matter raised is not relevant or that it should be deferred to a future meeting.

It is recommended that members who wish to raise matters that are not on the agenda of the AGM notify the trustees or the managing agent in writing well in advance of the meeting, so that the matter can be added to the agenda and all members can be properly notified in accordance with the STSMA.

Consult Julies Attorneys who are property lawyers in Johannesburg and Cape Town for legal advice on the specific circumstances of your case.