Is your community scheme POPIA compliant?

The Protection of Personal Information Act (POPIA) has been in full effect for several years now, but the POPIA Amendment Regulations, which came into effect on 17 April 2025, have added new responsibilities and tightened existing ones, particularly for community schemes such as apartment complexes, estates, retirement villages, and mixed-use developments.

For trustees and managing agents, staying POPIA compliant is no longer just about best practice. It’s a legal obligation, and with the new regulations, fines, stricter procedures, and expanded rights for data subjects are now firmly on the table.

Here’s what changed and why your community scheme should take action immediately:

Residents (data subjects) now have expanded rights to:

• Object to the processing of their personal data (Regulation 2),
• Request corrections or deletions at any time, via Form 2 and multiple communication channels (Regulation 3).

These requests must be processed free of charge, and responses must be issued within 30 days.

• Inform data subjects of these rights at the point of data collection,
• Record any telephonic objections,
• Ensure internal processes support fast and transparent responses.

Regulations now define terms like “day,” “office hours,” and “writing” to ensure consistency and remove ambiguity. Submission deadlines and communication formats are now explicitly governed.

Consent for direct marketing must:

• Be recorded and accessible to the data subject upon request,
• Be obtained via “reasonably accessible” channels, such as WhatsApp, SMS, email, telephone, or fax,
• Never be inferred through silence or pre-ticked boxes.

This impacts schemes that send levy reminders, newsletters, or promotional messages, even via WhatsApp.

While the information officer no longer has to provide a PAIA manual under POPIA Act, this duty still exists under the PAIA Act. The focus has shifted to:

• Continually improving compliance frameworks,
• Actively maintaining data protection best practices.

More people can now lodge complaints, and the regulator must respond within 14 days. This underscores the need for robust internal processes to pre-empt and resolve disputes before they escalate.

The new Regulation 13 allows for negotiation of payment plans for administrative fines. While this provides some relief, prevention is far better than penalty.

In the day-to-day operations of your community scheme, personal information is everywhere:

• Visitor logbooks,
• WhatsApp communication groups,
• Levy statements,
• Access control records,
• Contractor and employee details etc.

Here’s what trustees and scheme managers need to focus on:

The Act allows for the collection of personal data, but only when:

• The purpose is lawful and specific (e.g. for security or billing),
• Consent is obtained where necessary,
• The data is stored securely, and
• It is only shared with authorised parties.

• What data are you collecting and why?
• How is it stored and protected?
• Who has access to it?
• When will it be deleted?

If your guard at the gate scans a visitor’s ID, or your managing agent shares contact details, these are not trivial questions. Under the POPIA Act, residents and visitors are legally entitled to answers.

Popular platforms like WhatsApp are convenient but must comply with the POPIA Act:

• Do not add members without their consent.
• Never share unit numbers, names, or contact details publicly without permission.
• Implement clear digital communication rules.

Manual logbooks can violate POPIA by leaving personal information exposed. A digital Visitor Management System (VMS) offers:

• Real-time visitor tracking,
• Secure cloud-based data storage,
• Pre-registration features,
• Integration with license plate recognition, PIN access, and video.

Even something as routine as a levy statement could lead to a complaint if:

• It’s sent to the wrong recipient,
• Stored in an unsecured format, or
• Disclosed without proper protection.

Trustees and managing agents need to ensure billing practices meet data protection standards.

Every scheme should have a clear, written POPIA policy that covers:

• What personal information is collected,
• Why and how it’s collected,
• Where it’s stored and who can access it,
• How long it’s kept,
• How it can be corrected or deleted, and
• What your process is for handling objections and complaints.

This policy isn’t just paperwork. It’s the foundation for legal compliance and trust in your community.

At Sectional Title Solutions, we understand the complexities of managing POPIA compliance in residential community schemes. Our expert legal advisory team can help you:

• Draft or review your POPIA policy,
• Train trustees and managing agents,
• Upgrade access control to meet new requirements,
• Respond to data subject requests quickly and effectively.

Don’t wait for a complaint or fine to force you into action. Let us help you simplify compliance and protect your community. Contact us today to learn more.