As an owner, what documents do I have rights to access and in what time frame must they be provided?
ELA
EstateIQ Legislative Assistant
Below is a complete, legislation-based explanation of your rights as an owner to access body corporate documents under South Africa's Sectional Titles Schemes Management Act (STSMA) and its Regulations.
📘 Owner Rights to Access Body Corporate Documents
Your right to access official body corporate records is governed by three key legal sources:
- Sectional Titles Schemes Management Act, 2011 (STSMA)
- Sectional Titles Schemes Management Regulations, 2016
- Annexure 1 — Prescribed Management Rules, particularly Management Rule 27
Together, these provisions ensure transparency and accountability in how sectional title schemes are managed.
🏛️ 1. Rights under the Sectional Titles Schemes Management Act (STSMA)
🔹 (a) Access to Insurance Documents — Section 3(1)(s)
The body corporate must, upon written request from any owner or registered mortgagee:
- Produce the insurance policy covering the scheme's buildings; and
- Provide the receipt for the most recent premium.
This ensures every owner can verify that adequate insurance cover exists and that premiums are current.
🔹 (b) Access to Scheme Rules — Section 10(6)
The body corporate must:
- Keep a copy of all management and conduct rules;
- Make these rules available for inspection at trustee and owner meetings; and
- Deliver copies of the rules and any amendments to all owners and occupiers.
📁 2. Rights under Management Rule 27, Annexure 1
Management Rule 27(1)–(4) provides owners (and persons authorised by them) the right to inspect and obtain copies of a wide range of official documents.
You may access:
Governance documents:
- The management and conduct rules and any approved amendments.
Meeting records:
- Minutes of trustee meetings and general meetings, as well as trustee resolutions.
Financial information:
- Annual budgets, audited financial statements, audit reports, and levy contribution records.
- Records of payments, arrears, and fund balances (administrative and reserve funds).
Maintenance and insurance documentation:
- The Maintenance, Repair and Replacement Plan (Rule 22).
- All insurance policies and schedules.
Registers and legal documents:
- The register of owners, tenants, and bondholders.
- Details of exclusive use areas and rights.
- Contracts, correspondence, and other operational documents of the body corporate.
🔹 Copying Fees
Under Management Rule 27(4), the body corporate may charge a reasonable fee for providing copies of documents.
The rule does not state that access may be delayed pending payment — only that such a fee may be charged.
⏱️ 3. Time Frames for Compliance — Management Rule 27(5)
The law sets mandatory deadlines for the body corporate to comply with a written request for access:
| Type of Document Requested | Compliance Period | Source |
|---|---|---|
| Management or Conduct Rules | Within 5 days | Management Rule 27(5), Annexure 1 |
| Any other record or document | Within 10 days | Management Rule 27(5), Annexure 1 |
This means the trustees or managing agent must allow inspection or provide copies within these strict time limits once a written request has been received.
⚖️ 4. Enforcement of Access Rights
If the body corporate fails to comply:
- You may issue a written reminder referencing Management Rule 27(5) and the specific document requested.
- If non-compliance continues, you may lodge an application with the Community Schemes Ombud Service (CSOS) under the Community Schemes Ombud Service Act (CSOSA) for an adjudication order compelling compliance.
CSOS has the authority to direct the trustees to provide access and may issue penalties or compliance orders where necessary.
✅ 5. Summary of Your Legal Rights
| Right | Source | Description |
|---|---|---|
| Inspect or obtain copies of all body corporate records | Management Rule 27(1)–(4), Annexure 1 | Right to access governance, financial, insurance, and administrative records |
| Access to insurance policy and receipt | STSMA Section 3(1)(s) | Right to request and view insurance documentation |
| Access to rules | STSMA Section 10(6) | Rules must be delivered to owners and made available for inspection |
| Time frames for compliance | Management Rule 27(5), Annexure 1 | 5 days for rules; 10 days for other records |
| Copying fee (reasonable) | Management Rule 27(4), Annexure 1 | The body corporate may charge for copies but must still meet time limits |
| Enforcement via CSOS | CSOSA | Disputes can be escalated for enforcement |
🧭 Practical Guidance
To exercise your rights:
- Submit a written request to the trustees or managing agent, clearly stating which documents you want to inspect or copy.
- Keep proof of submission (email, registered post, or acknowledgement).
- The trustees must respond within 5 or 10 days as prescribed.
- If they fail to do so, refer the matter to CSOS for enforcement under the CSOSA.
📜 In Summary
As an owner, you are legally entitled to inspect or obtain copies of all key body corporate records — including governance, financial, insurance, and maintenance documentation.
These rights arise under STSMA sections 3(1)(s) and 10(6), and Management Rule 27(1)–(5), Annexure 1.
The body corporate must comply within 5 days for rules and 10 days for all other documents, and while a reasonable copying fee may apply, compliance with these statutory deadlines remains mandatory.
ELL
EstateIQ Legal Lookup
Sectional Title Schemes Management Act:
STSMA Section 3(1)
A body corporate must perform the functions entrusted to it by or under this Act or the rules, and such functions include
3(1)(s): on the written request of any owner or registered mortgagee of a section, to produce to such owner or mortgagee, or any person authorised in writing by such owner or mortgagee, the insurance policy effected by the body corporate and the receipt for the last premium in respect thereof; and
STSMA Section 10(6)
The body corporate must
10(6)(a): keep a copy of all rules;
10(6)(b): have the rules available for inspection at meetings of trustees and owners;
10(6)(c): deliver a copy of the rules to each person who becomes an owner or occupier;
10(6)(d): deliver to all owners a copy of any rules substituted, added or amended and details of any rules repealed in terms of subsection (5);
10(6)(e): on request by an owner or any person authorised in writing by an owner, deliver a copy of all rules to such owner.
Management Rule
27 GOVERNANCE DOCUMENTS AND RECORDS.
27(1): The body corporate must—
27(1)(a): lodge a notification of an amendment to the scheme's rules referred to in section 10(5) of the Act as soon as reasonably possible, but not later than 10 days after the date of the relevant resolution of the body corporate; and
27(1)(b): compile and keep a complete set of all management and conduct rules including
(i) an index; and
(ii) a prominent reference to any rules that confer exclusive use rights, vary the effects of the participation quotas in regard to the value of votes or the liability for contributions, or impose either a financial or a maintenance obligation on members;
27(1)(c): prepare a consolidated set of rules whenever they are amended.
27(2): The body corporate must prepare and update the following records—
27(2)(a): minutes of general and trustee meetings, including the following information
(i) the date, time and place of the meeting;
(ii) the names and role of the persons present, including details of the authorisation of proxies or other representative;
(iii) the text of all resolutions; and
(iv) the results of the voting on all motions;
27(2)(b): lists of trustees, members and tenants with their
(i) full names;
(ii) identity numbers or, in the case of non-South African citizens, their passport numbers; and
(iii) section addresses and mailing addresses, if different;
(iv) telephone numbers; and
(v) email or other electronic addresses, if any;
27(2)(c): lists of—
(i) sections shown on the sectional plan, indicating in each case whether it is a primary or a utility section, its participation quota and the name of the member in whose name it is registered;
(ii) exclusive use areas with descriptions of purposes and numbers, if any, indicating whether the rights to each area are conferred in terms of section 27 of the Sectional Titles Act or in terms of a rule, and a reference to the relevant rule where applicable; and
(iii) registered bondholders with their names and addresses;
27(2)(d): details of all future development rights including
(i) names and addresses of all registered holders of such rights; and
(ii) copies of all documentation prepared in terms of section 25(2) of the Sectional Titles Act for any such right; and
27(2)(e): any other records required by the regulations.
27(3): The body corporate may obtain and keep copies of all of the following—
27(3)(a): the registered sectional plan and any registered amending sectional plan;
27(3)(b): the Act and the regulations;
27(3)(c): resolutions that deal with changes to the common property, including the conferring of exclusive use rights on members;
27(3)(d): consents and approvals given by the body corporate to members;
27(3)(e): waivers and consents given by members;
27(3)(f): written contracts to which the body corporate is a party;
27(3)(g): any decision of an adjudicator, arbitrator, magistrate or judge in a proceeding in which the body corporate is a party, and any legal opinions obtained by the body corporate;
27(3)(h): the budget and financial statement for the current year and previous years;
27(3)(i): income tax returns;
27(3)(j): insurance policies, endorsement and claim forms;
27(3)(k): correspondence sent or received by the body corporate and trustees; and
27(3)(l): any other records required by the regulations.
27(4): On receiving a written request, the body corporate must make the records and documents referred to in this rule available for inspection by, and provide copies of them to—
27(4)(a): a member;
27(4)(b): a registered bondholder; or
27(4)(c): a person authorised in writing by a member or registered bondholder.
27(5): The body corporate must comply with a request for inspection or copying under this rule within 10 days unless the request is in respect of the rules, in which case the body corporate must comply with the request within five days.
27(6): The body corporate may charge a fee for a copy of a record or document other than the rules, provided that the fee is not more than the reasonable cost associated with the process of making the copy, and the body corporate may refuse to supply the copy until the fee is paid.
27(7): If the body corporate terminates its contract with an employee or a managing agent, that person must within 10 days deliver to the body corporate all records referred to in this rule that are in the person's possession or under the person's control.
27(8): The records referred to in this rule must be in writing or in a form that can be easily converted to writing.
📖 Further Reading
For a comprehensive guide on this topic, read our detailed blog post:
Owner's Rights in Sectional Title →