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FIRST ANNIVERSARY OF POPIA COMPLIANCE DEADLINE
This month marks the one year anniversary of the lifting of the grace period to comply with the Protection of Personal Information Act (POPI Act), yet countless community schemes have not implemented the necessary changes to ensure compliance with this important legislation.
In fact, the issue of non-compliance by community schemes is so prevalent that Minister of Human Settlements, Mmamoloko Kubayi, deemed it necessary to address this issue during a recent Parliamentary Q&A where she once again reiterated that community schemes are required to uphold the principles of the POPI Act.
In addition to this widespread non-compliance, what is particularly concerning for our industry is the fact that some directors, trustees and managing agents appear either to be unaware of, or gravely underestimating, the implications of such non-compliance.
Failure to comply with the provisions of the POPI Act could result in a fine of up to R10 million or 12 months imprisonment, which is why non-compliance cannot be overlooked or disregarded. It is imperative that scheme executives ensure compliance with this Act in the manner in which they process members’ private information, while remaining mindful of the requirements set by the legislation governing their schemes (such as the Sectional Titles Schemes Management Act for bodies corporate).
If you are uncertain about whether your community scheme is complying with the provisions of the POPI Act or if you are unsure about how to practically apply the provisions of the POPI Act in the context of your community scheme, don’t hesitate to contact us for assistance in this regard.
Don’t forget to send in your #AskAuren questions for posting on our Facebook and LinkedIn pages. This month’s question is, "I understand that each scheme must make provision for an administrative and reserve fund. Can these two funds be administered from the same bank account?" Read Auren's answer at the links below and be sure to like and follow us to receive weekly updates on the property industry and our courses:
Kind regards,
Auren, Anė, Maria and Tim
Please note: You are on our mailing list because you have made contact with us via our website or one of our team members - you can unsubscribe at any time using the link at the bottom of this email, but we hope that you will find value in the information shared and remain subscribed to receive future updates.
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#AskAuren - You are invited to send us any questions regarding community scheme living. Every month the most interesting question will be selected and answered by Auren on our Facebook and LinkedIn pages. To submit your question, all you need to do is reply to this newsletter and like or follow the social media pages linked above.
Please note that our answers should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any answer. Always contact our consulting department should you require specific and detailed advice.
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PADDOCKS UCT SHORT COURSES
ARTICLES - JUNE 2022
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