Keeping minutes of meetings
By Dr Carryn Melissa Durham
Full and accurate notes should be taken and the exact wording of any resolution should be recorded. Details of those present, all topics discussed, the decisions taken by the meeting, and the number and value, if applicable, of all votes cast for and against each motion proposed, should appear in the minutes.The minutes are confirmed by adoption as correct at the next meeting when they are signed. The minutes will need to be signed in conformity with PMR 27 which states that no document signed on behalf of this body corporate, shall be valid and binding unless it is signed by a trustee and the managing agent or by two trustees.The trustees must keep all minute books in perpetuity. This means that the trustees must keep all minute books for as long as the scheme remains registered.The minutes of a meeting are usually distributed after they are confirmed as correct. However, the trustees must make all minutes of their proceedings, and the minutes of the body corporate, available for inspection on the written application of any owner or registered mortgagee of a unit. In terms of PMR 49(2) the trustees must furnish any managing agent employed by the body corporate with copies of the minutes of their meetings.The question that I am often asked is whether the minute books need to be physical books or whether the minutes can be kept electronically?
Dr Carryn Melissa Durham is one of the most highly qualified Sectional Title lawyers in the country (BA, LLB, LLM and LLD), Carryn forms part of the Paddocks Private Consulting Division.
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