By Ané de Klerk
Whatsapp groups can be really useful: organising your friend’s bridal shower or a surprise party for your spouse – perfect. Even in more formal settings these groups can add value, which is why most workplaces have them. They are really useful for instant notifications to larger groups who need to know certain types of information in real time – think “Accident causing traffic back up on the N1, going to be 10 minutes late so please start the meeting without me.” Now what about in community schemes? How useful are these groups in this setting and are there things that should not be dealt with in this forum? Let’s take a closer look.
If a community scheme makes use of Whatsapp Groups there are normally at least two: one for the trustees (or directors of NPC Homeowners Associations) and one for the members. In theory, these groups can be used for a number of different purposes. Below, I set out these different purposes and whether or not these Whatsapp Groups are appropriate to serve that purpose:
1. Sharing General Information
These groups can be useful to share pertinent information with those affected by the communication – for example, for a trustee to notify the members that they are aware of the burst water pipe at the scheme’s entrance and that a plumber is already on their way to attend to it. This type of communication is useful because it prevents a situation where multiple members try to be helpful and phone plumbers to attend to the emergency.
However, it must be noted that not all communication is suitable for the group. For example, if the communication would affect someone’s privacy or be detrimental to someone’s interests it should not be shared on the group. These groups should not be used for “naming and shaming” and where the information shared would be better suited to a private message outside of the group, a private message should rather be sent.
When sending the message one should also consider whether the message is of importance to everyone (or at least the vast majority) of the group – so as to ensure one does not spam the group and unnecessarily take time and attention from members who are not affected by the particular information being shared.
2. Formal Communication, Notices and Applications
Whatsapp groups are not suitable for formal communication or serving notices. Depending on the type of notice, some must be delivered to the members by hand or registered post while others may be emailed, but Whatsapp communication does not satisfy the legal requirements of serving a notice on members. Similarly, formal communication, such as the issuing of Transgression Notices when members break the scheme’s rules should be sent via email, thereby ensuring a proper paper trail is kept and underlining the formal nature of the communication. The same goes for applications (for example to keep a pet, to subdivide a unit or to extend a section). These applications must be dealt with formally and professionally. When in doubt, it can be helpful to ask yourself whether there is any chance that the communication may end up in front of a CSOS adjudicator or even a judge in the future (in other words is there any chance that the matter could become a dispute) – if the answer is yes, make use of email and keep the paper trail.
3. Communicating with the scheme’s Managing Agent
This might be the most controversial of the five purposes discussed herein. The writer is well aware that some managing agencies offer the service of having a managing agent in a Whatsapp Group with the scheme’s trustees or even its members and acknowledges that this is the prerogative of every such managing agency offering their services in a competitive market. It is my opinion however that trustees and members should communicate with a managing agent via email instead. Managing agents often manage a large number of schemes and the most effective way for them to keep track of different matters arising in the different schemes, requiring their attention is for there to be a formal and proper paper trail. It is not productive to set up to do lists from snapped screenshots of directives received via Whatsapp and doing so could well result in action items falling through the cracks. In addition, this writer continues to advocate for managing agents’ working hours to be respected and it is undeniable that participation in Whatsapp Groups all but ensures that communication that could well be dealt with at 9 am is shared (with the expectation of a reply) at 10 pm instead.
4. Complaints
One of the things these Whatsapp Groups are most infamous for is the sharing of complaints. In this regard it is important to note that, with the sectional title context, complaints should be lodged with bodies corporate by using the complaint form annexed to the Sectional Titles Schemes Management Act. If you are interested, you can read more about my opinion on the importance of the use of this form here: https://theadvisory.co.za/2026/03/04/protecting-your-peace-when-managing-a-body-corporate/ If your community scheme is a Homeowners Association and its Constitution or MOI does not already provide for a similar process to be followed by those wishing to lodge a complaint, it is well worth considering updating the Association’s governance document to include a provision of this nature.
5. Voting
Whatsapp polls are very useful when trying to find a suitable date for your next Dinner Club, but it is not appropriate for voting on proposed resolutions within community schemes. The Sectional Titles Schemes Management Act requires that voting slips be used when members cast votes, which makes perfect sense when considering that the value (and not merely the number) of members’ votes matter. Even when it is the trustees voting on trustee matters, Whatsapp polls do not satisfy the legal requirements as set out in Prescribed Management Rule 14(4)(b) and therefore cannot be used to make decisions as a board of trustees. In Homeowners Associations it is also incredibly unlikely that voting in such a manner would satisfy the requirements as set out in its Governance Documents.
In summary, Whatsapp Groups can add value when they are used selectively and strategically to share information with relevant groups – whether it be the board of trustees or a community scheme’s members; but when doing so, careful consideration should be given to the nature of the communication being shared. Any formal communication, anything that could in any way lead to a dispute and anything that could affect the privacy and interests of others should be communicated via email with the relevant party instead. Whatsapp Groups should not be used to serve notices, submit applications, provide feedback on applications, submit complaints, instruct managing agents or vote on community scheme matters. Consider the appropriateness of the informal nature of a Whatsapp Group before making use thereof and ask yourself if there isn’t another forum that may be better suited to the correspondence you wish to share.
Specialist Community Scheme Attorney (BA, LLB), Ané de Klerk, is a Director of The Advisory, a boutique consultancy specialising exclusively in community schemes law. Her focus is legal education, which includes presenting seminars and running online and in-person training programs and courses.
