Unit owners in a sectional title may from time to time feel that the body corporate is not managing the scheme effectively or correctly. Whether such belief is legitimate or not, often comes down to the information that the owners have access to which can prove or allay fears of mismanagement. But, how do unit owners access information often under the control of the body corporate?

In the recent case of Montrose Mews Body Corporate v Moela NO and others [2024] JOL 63438 (GJ) the Gauteng Local Division of the High Court, Johannesburg had the opportunity to consider whether, in this specific matter, the Promotion of Access to Information Act 2 of 2000 (“PAIA”) or the Sectional Titles Schemes Management Act 8 of 2011 (“STSMA”) had to be used to obtain information from a body corporate. 

The dispute in the Montrose-case arose when an owner of a unit in the Montrose Mews sectional title scheme suspected that the funds of the body corporate were being mismanaged. The owner requested bank statements from the body corporate. The owner was however informed by the body corporate that such a request was subject to the provisions of PAIA. Dissatisfied with the response received from the body corporate, the owner approached the Community Schemes Ombud Service (“Ombud”) for an order providing clarity on whether the request had to be made in accordance with the provisions of PAIA. The Ombud determined that the provisions of PAIA did not apply to the owner’s request and that requests of that nature were regulated by the STSMA. 

The body corporate disagreed with the order of the Ombud and contended that PAIA was applicable and subsequently lodged a review application against the order of the Ombud in the Gauteng High Court.