There are a number of forms provided for community scheme managers and residents to use in various situations. Some must be used for routine statutory submissions to various authorities and some are used internally in the scheme, to apply for and grant consents or appoint representatives to attend meetings when the member is unable to attend.
Persons involved in scheme management need to know the forms that must be used to comply with various legal requirements. These usually involve some kind of reporting obligation.
THE FOLLOWING FORMS ARE PROVIDED IN THE REGULATIONS TO THE SECTIONAL TITLES SCHEMES MANAGEMENT ACT, 8 OF 2011 AND MUST BE USED FOR SPECIFIED PURPOSES:
Form A – Change of body corporate service address
The service address of the body corporate could be the section owned by the current chairperson, the office of the body corporate or the office of the managing agent. If the body corporate does not maintain an office, its service address may well change each year with the changes of trustees. A copy of Form A detailing the change must be sent to the Community Scheme Ombud, the local municipality, the local Registrar of Deeds, as well as all members and other occupiers of sections in the scheme and all registered bond holders.
Form B – Notice of amendment of rules
The body corporate is able to change its rules and make new rules. Any amendment or new rule must be submitted to the Chief Ombud for approval, using Form B, and only comes into operation on the date the Chief Ombud issues the certificate of approval.
Form C – Proxy appointment
Members who wish to appoint a proxy to attend a general meeting in their place must use Form C. The form must accompany the notice of the meeting and must be signed by the member and by the proxy.
This is the form a member, occupier or the managing agent must use to inform the body corporate of their complaint. The complaint must be about the body corporate, a member, occupier or the managing agent.
Record of body corporate decision
This is the form the body corporate must use to record its decision in response to the complaint.
THE FOLLOWING FORMS ARE PROVIDED IN THE REGULATIONS TO THE COMMUNITY SCHEMES OMBUD SERVICE ACT, 9 OF 2011:
CS 1 – Registration form
All community schemes must register with the Community Schemes Ombud Service (“CSOS”). This is the form that must be used for the registration. The form must be accompanied by a copy of the governance documentation that applies to the scheme, the last audited annual financial statements, an annual return, Form CS2 and the schedule of levies payable by the owner of each unit in the scheme.
CS 1A – Notice of amendment of particulars
This is the form all community schemes must use to inform the CSOS of any changes to the particulars of the scheme submitted upon registration or made since the last annual return submitted by the scheme.
CS 2 – Annual return
All community schemes must submit an annual return to the CSOS, using this form. The audited annual financial statements, latest levy schedule and Form CS 1A must be attached to the annual return.
Application for dispute resolution
Persons who apply to the Ombud for dispute resolution must use this form.
THE FOLLOWING FORMS ARE PROVIDED IN THE REGULATIONS TO THE COMPANIES ACT:
Home owners’ associations (“HOAs”) that are constituted as, usually, non-profit companies must use these forms for the various notifications companies must make to the Companies and Intellectual Property Commission (“CIPC”).
CoR 15.2 – Notice of amendment of Memorandum of Incorporation
Companies can change their Memorandum of Incorporation (“MOI”). Non-profit HOA companies do change their MOIs from time to time and must use this form to notify the CIPC of the change. A copy of the special resolution setting out the change, or a copy of the complete, changed MOI must accompany the submission.
CoR 16.1 – Notice concerning company rules
A company can change the rules under which it is governed, and if it does so, must notify the CIPC of the change. Note that these are the company governance rules, not HOA estate or conduct rules. There is no requirement to notify the CIPC (or the Ombud) of changes to those rules.
CoR 39 – Change of directors
Most HOAs elect the directors at the annual general meeting (“AGM”). If there is any change to the composition of the board of directors, the company must notify the CIPC using this form attached to the annual return it must submit to the CIPC.
CoR 44 – Change of auditor
HOAs might change auditors from time to time. If it does so, it must use this form to notify CIPC by submitting it along with the annual return.
CoR 25 – Change of financial year end
An HOA might change its financial year end from time to time. If it does so, it must use this form to notify the CIPC by submitting it along with the annual return.
CoR 21 – Notice of change of registered office
All companies must maintain at least one office in South Africa and inform the CIPC of its address and any changes to the address. Like sectional title schemes, HOAs sometimes need to change their registered office, especially if it has made the managing agent premises its registered office and then changes the managing agent.
CoR 22 – Change of location of company records
Companies must use their registered office as the primary location of the company records and provide access to the records from that location. They may alternatively keep their records at a different location. If the location of the records changes for any reason, the company must inform the CIPC.
CoR 30.1 – Annual return
All companies must submit an annual return to the CIPC, using this form. Note that other forms notifying the CIPC of changes to the company’s directors, auditor, etc. must be attached to the annual return.
Paddocks offers a range of informative and helpful online short courses, books and legal advice for all community scheme owners and managers faced with the complexity of scheme management. Contact firstname.lastname@example.org for more information.
Article reference: Paddocks Press: Volume 13, Issue 8.
Anton Kelly is an extremely knowledgeable specialist Sectional Title and HOA teacher and consultant. Having been the lead teacher on all the Paddocks courses for the last 7 years, Anton lives and breathes Sectional Title and HOA law, all day every day. There are not many issues he hasn’t come across before.
This article is published under the Creative Commons Attribution license.