AGM sectional title venue change.

SmartKit

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It's a company not a sectional title scheme, it adheres to the Companies Act and not the Sectional Titles Act.
It is if you amended your company MOI to indicate as much.
Section 64 (2) stipulates that a company's Memorandum of Incorporation may specify a lower or higher percentage in place of the 25% required in either or both of subsection (a) or (b)
 

Kosmik

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It's a company not a sectional title scheme, it adheres to the Companies Act and not the Sectional Titles Act.
Interesting, so you are saying that it's not a sectional title at all? Then the owners lose the protections of that act and it sounds more like the old share block scheme which was spotted being in use a while ago.

I'd run if that's the case.
 

SmartKit

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Interesting, so you are saying that it's not a sectional title at all? Then the owners lose the protections of that act and it sounds more like the old share block scheme which was spotted being in use a while ago.

I'd run if that's the case.
That's how an HOA operates, there are thousands in the country. It's government by the Companies Act and it's own set of rules, linked to the title deed. It is still subject to Community Schemes Ombud Service Act, however.
 

Kosmik

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That's how an HOA operates, there are thousands in the country. It's government by the Companies Act and it's own set of rules, linked to the title deed. It is still subject to Community Schemes Ombud Service Act, however.

Very much like the old share block but it also sounds ripe for exploitation if it shows reduction of quorum parameters and company rules being the overriding governer.

But I don't have knowledge of this, my experience is mainly with the Sectional title and some with the old share block schemes.
 

CB40

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Jun 20, 2009
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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
We have 25 units in our complex and we have our AGM in my double garage with snacks and tea and coffee.We even have small liquer glasses of OB if it is a cold evening and the the owners love the atmosphere . It works very well so I can't see her point of it being unprofessional.I call BS on her part.
 

quovadis

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Sep 10, 2004
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Very much like the old share block but it also sounds ripe for exploitation if it shows reduction of quorum parameters and company rules being the overriding governer.

But I don't have knowledge of this, my experience is mainly with the Sectional title and some with the old share block schemes.

It's not a share block scheme. In a home owners association the individual home owners have full title - ie. they own their land and their homes and are responsible for them. The HOA is just an association to manage the common property (ie. the roads, access control, some gardening, security, fences and walls and club houses or other amenities and ensuring architectural standards are adhered to etc) - this is how almost every estate in the country is run. All HOA's are non-profit companies and are subject to the companies act.
 
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