AGM sectional title venue change.

[tawdry]

Hello again.
The meeting place for our Agm is very inconvienient as well as the time it's been held. Its a 30km road trip just to attend and the time is 6pm on a Thursday. This basically makes it impossible for any one with normal working hours who doesn't work in a very close radius to even attend.The venue is the address of our managing agent.
I have asked the chairperson that we hold the meeting rather at the sectional title in question so the maximun number of people may attend.There are 20 units in total of which 8 owners live at the building.All 8 will attend if its held at our building but none if the current meeting area is persisted with.

I have asked the chairperson that the meeting be moved to the building but she refused claiming it was unprofessional. Is there a way that us owners can insist on it been held at the property?.
Thank you

 

[SmartKit]

Hello again.
The meeting place for our Agm is very inconvienient as well as the time it's been held. Its a 30km road trip just to attend and the time is 6pm on a Thursday. This basically makes it impossible for any one with normal working hours who doesn't work in a very close radius to even attend.The venue is the address of our managing agent.
I have asked the chairperson that we hold the meeting rather at the sectional title in question so the maximun number of people may attend.There are 20 units in total of which 8 owners live at the building.All 8 will attend if its held at our building but none if the current meeting area is persisted with.

I have asked the chairperson that the meeting be moved to the building but she refused claiming it was unprofessional. Is there a way that us owners can insist on it been held at the property?.
Thank you

What do the rules say?

"PMR 15(4) requires that the AGM must be held in the local municipal area where the scheme is situated, unless the members have by special resolution decided otherwise."

 

[tawdry]

Hello Phakza
Thank you for your response.
Where do I get these rules you mention.What are the names of the documents I would need to request?

 

[Lupus]

Gather the rest of the body corporate and bitch if everyone who owns a unit insists on the rules being changed the chair person has no say.
You the owners decide the rules and you can have the meeting outside in the common area of the sectional title if you wanted. Also who the hell has a managing agent that's 30km away from the sectional title they manage? Get that sorted out as well.

 

[SmartKit]

Hello Phakza
Thank you for your response.
Where do I get these rules you mention.What are the names of the documents I would need to request?

I'd contact CSOS regarding regulations and options. At the very least you can lay a complaint with them.

 

[quovadis]

Where do I get these rules you mention.What are the names of the documents I would need to request?

https://www.chaseveritt.co.za/download-document/7c0310be5312f6979c953f4eb21606218fb43921/

 

[tawdry]

Good news guys I managed to get the venue moved to our building woot woot. I had everyone send a email saying they would like it to be held here.
I sent my own saying if they can guarantee a bigger attendance at the former venue then we would of course accept the majority rule. However if the inability of any of our members to attend in anyway impacted on our chances to achieve our goal we would immediately call for a special general meeting to write the wrong.

 

[Pineapple Smurf]

your chairperson is a total nob

i would get that Hugo-Bel-Die-Polisie gang to pay your chairperson a personal visit to adjust his attitude

Good Luck

 

[Hemi300c]

You'd not have had a legal meeting if too few attended

 

[tawdry]

Its a she.
Thank you for the well wishes.

 

[tawdry]

You'd not have had a legal meeting if too few attended

Last year the meeting was her and her daughter with 2 proxies each which is 33.3 percent and that's a quorum.We have 18 owners

 

[SmartKit]

Last year the meeting was her and her daughter with 2 proxies each which is 33.3 percent and that's a quorum.We have 18 owners

In our complex it's 10%, which is 3 owners.

 

[quovadis]

In our complex it's 10%, which is 3 owners.

That's irregular - the prescribed minimum rules requires way more than 10%.

 

[SmartKit]

That's irregular - the prescribed minimum rules requires way more than 10%.

That's in a sectional title. If HOA residents approve a change to an MOI it becomes legislated (in terms of the Companies Act).

 

[quovadis]

That's in a sectional title. If HOA residents approve a change to an MOI it becomes legislated (in terms of the Companies Act).

The thread is regarding sectional title schemes hence my comment in that context.

 

[tawdry]

In our complex it's 10%, which is 3 owners.

That does not sound right at all.

 

[Kosmik]

That's in a sectional title. If HOA residents approve a change to an MOI it becomes legislated (in terms of the Companies Act).

Don't think you can override the law by agreement, it's still a sectional title scheme.

 

[SmartKit]

Don't think you can override the law by agreement, it's still a sectional title scheme.

It's a company not a sectional title scheme, it adheres to the Companies Act and not the Sectional Titles Act.

 

[SmartKit]

Don't think you can override the law by agreement, it's still a sectional title scheme.

It's a company not a sectional title scheme, it adheres to the Companies Act and not the Sectional Titles Act.

 

[SmartKit]

That does not sound right at all.

It is if you amended your company MOI to indicate as much.