SLIDE 1 Raptor’s View Home Owner’s Association NPC Information Evening on the new Memorandum of Incorporation and Rules
18 June 2015
SLIDE 2 Introduction
Who are we?
Briefed to amend the MOI and the Estate Rules
Why are we here?
To provide an overview of the changes to the MOI and to clarify any queries
Why are you here?
The MOI is required to be adopted by a special resolution of members
SLIDE 3
Overview
Through the MOI, companies now elect which provisions they wish to comply with, amend, opt out of and record relevant mandatory provisions
May 2011 The new Companies Act comes into force
The Association is now a non-profit company The memorandum and articles of association are replaced with one MOI The rights, duties and responsibilities of shareholders, directors and others are now set out in the MOI
SLIDE 4
The need for a new MOI
Subjected to inappropriate provisions / unable to enjoy benefits available in terms of the Companies Act Compliance with provisions specifically applicable to non- profit companies. Unintended negative consequences of non-compliance with the Companies Act. Removal of special powers granted to the Developer which are no longer appropriate
SLIDE 5
The need for a new MOI
Practical amendments to address day to day issues encountered by the Association. Elimination of duplication between MOI and the Estate Rules
SLIDE 6
Salient Provisions of f the New MOI
Amendment of the definitions in the MOI (cl 1) The status of the Association - non-profit company (cl 2) Amendment of the MOI (cl 3) Members’ rights to receive information (cl 8) Shortening of notice period for Members meetings and the procedure for calling members meetings (cl 9)
SLIDE 7 Salient Provisions of f the New MOI
Round robin members resolutions (cl 12) Number of directors (cl 14.1) Suretyships - binding of natural persons for the obligations of the juristic person (cl 21.1.1.2) Restriction of building on residential portions (cl 23) Minimum duration
period (cl 22) The Association Rules versus the Estate Rules (cl 24)
SLIDE 8 The Estate Rules
Clarification of language
The Home Owner Rules The Contractor Rules The Architectural Rules Schedule of Fines
Dovetailed with MOI Removal of uncertainty Deletion of duplication
SLIDE 9
- Introduction to the Rules
- 1. The Home Owners Rules
- Insertion of definitions
- Flooding of watercourses and traversing roads
which have flooded (cl 3)
- Extension of fauna and flora rules to all persons
- n the Estate (cl 4)
- Dumping and removal of rubble, picnics (cl 5)
- Domestic animals (cl 5.10)
- Security and access procedures (cl 6)
SLIDE 10
- Introduction to the Rules
- 2. The Architectural Rules
- Insertion of definitions
- Building pegs, building area and registration and
approval of building projects
- Provision of reasons if the project is not
approved (cl 5.5)
- Architectural specifications
SLIDE 11
- Governs contractors’ activities in the Estate
- 3. The Contractor Rules
- Insertion of definitions
- Countersignature by the contractor
- Selection of recommended contactors (cl 3)
- Breach of Estate Rules by contractor (cl 4)
- Contractor’s gate and road access (cl 5)
- Site rules and regulations, management and
handback provisions
- Environmental conservations, security, control
- f vehicles and heavy machinery
SLIDE 12
- Updating of certain fines
- 4. Schedule of Fines
- Consolidation of existing penalties and fines
- Specification of additional fines
SLIDE 13
Questions?
Now is your time to ask
SLIDE 14
