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urbanization rules

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Old Aug 17th 2009 | 10:30 am
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Default urbanization rules

I need feedback on certain rules on an urbaization.do we need a president or can we just have a commitee to oversee and liaise with our administator.The idea is to elect a commitee of say 6 residents 2 of which could sign cheques to the adminisrator when accounts are to be paid.
regular news letters would be sent out to absent owners by the commitee as a whole.what is the point of a president. Answers on a postage stamp please lol
 
Old Aug 17th 2009 | 6:30 pm
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Default Re: urbanization rules

Originally Posted by SHERGAR
I need feedback on certain rules on an urbaization.do we need a president or can we just have a commitee to oversee and liaise with our administator.The idea is to elect a commitee of say 6 residents 2 of which could sign cheques to the adminisrator when accounts are to be paid.
regular news letters would be sent out to absent owners by the commitee as a whole.what is the point of a president. Answers on a postage stamp please lol
You need to elect a president and a vice president as these are the only members with legal clout.
There is info in the free beer thread under Lawyers. HERE have a read through it is quite useful info on forming the committee and the running of it.
 
Old Aug 17th 2009 | 6:42 pm
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Default Re: urbanization rules

President and Owners’ Committee are compulsory under the Commonhold Act 49/1960 while Secretary, Administrator, Treasurer etc are optional

s. 13
(1) The governing bodies of the commonhold shall be the following:

a) The Owners’ Committee.
b) The president and, where applicable, the vice-president.
c) The secretary.
d) The administrator.

The Articles of the commonhold association or a majority resolution from the Owners’ Committee may establish other governing bodies of the commonhold, but only insofar as this does not entail any impairment whatsoever of the roles and duties regard to third parties that this Act confers to the aforementioned.

(3) The president shall legally represent the commonhold both in and out of court in all matters affecting it.

(4) The existence of vice-presidents shall be optional. They shall be designated by the same procedure set forth for the appointment of the president.
The vice-president, or vice-presidents in the order prescribed, shall replace the president in cases of absence, vacancy or incapacity, and assist him/her in the exercise of his/her duties under the terms established by the Owner’s Committee.

(5) The functions of secretary and administrator shall be exercised by the president of the commonhold except when the Articles, or the Owners’ Committee by majority vote, provide that such offices be held separately from the president.

(6) The office of secretary and that of administrator may be held by the same person or by persons appointed separately.

The position of administrator and, where applicable, that of secretary-administrator may be occupied by any owner, or by individuals with adequate professional qualification and legally licensed to perform such functions. It may also be held by a corporation or other juristic person in the terms set out by law.
 

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