Minutes of 24 Feb 2022 Body Corporate AGM
SUMMERPLACE BODY CORPORATE
Contacts: Finance & Legal: arwilson@adept.co.za
Conduct Rules: george.lean@live.co.za
Maintenance & Repair: smitworx@gmail.com
Admin & General: cor.beijer@mweb.co.za
Website: www.summerplace-gordonsbay.co.za
MINUTES OF RECONVENED AGM HELD ON 24 FEBRUARY 2022 at 18h00
AT No. 9 SUMMERPLACE, GORDON’S BAY
PRESENT: Andrew Wilson (Chairperson), Hennie du Plessis, Elize te Boekhorst, George Lean, Elize Olivier, Cor Beijer
APOLOGIES: Roslin Lichtenstein (no. 7), Rajen Munroo (no. 8), Johan van Zyl (no. 1), Antoinette Brooks (no. 11)
No Apologies received from: estate flat no. 2 (Hartwig-George Heil) and estate flat no. 3 (Anna-Marie Pretorius)
PROXIES: Elize te Boekhorst – for Johan van Zyl (no 1).
1.Welcome
Andrew welcomed all attending the meeting.
2.Confirmation of proxies
Since proxies must be in writing and signed, i.e. all in terms of the Sectional Titles Act 2011, It was agreed that only one valid proxy had been received.
3.Determination of quorum
It was confirmed that the meeting had a quorum.
4.Notice of meeting has been given
It was established that notice had been duly given.
5.Approval of the minutes of the previous AGM
The minutes of the previous AGM on 3 September 2019 were approved.
6.Approval and adoption of Financial Statements
Andrew highlighted the financial statements. They were approved and were duly signed off by Andrew and George after the meeting.
7.Approval of replacement valuation
After some discussion about the merits of evaluations at replacement value, which should prevent under-insurance, the current evaluation value of R38.5 million was agreed. This value excludes the value of the extended balconies at nos. 5 and 6. The insurance premium for those extended sections need to be obtained for the account of Hennie and George. Cor will ask Christina to organize.
8.Approval of 2021 / 2022 budget
Andrew outlined the budget in summary and raised the issue of establishing the levies as applicable from the 1st July in any year, whereas the approval thereof will always be a few months later during the AGM of that year. It was concluded that the budget figures, which the levies are based on, always first need to be established and agreed during the AGM and therefore that the levies for that year as from 1 July can always only be approved a few months after 1 July of that year. It was agreed that this is an obvious situation and therefore accepted.
9.Reappointment of the auditors and their fee
The reasonableness of the fee was discussed and it was agreed to reappoint the auditors Theron du Plessis
10.Repairs and maintenance plan
As part of the agreed 10-year plan, the following items were specifically discussed:
aa.. the painting and roofing work undertaken in October/November last year was well done.
bb.. the asphalt repairs will be carried out in the next few months. Two quotes have been received. The quote from MrTar, although plm R 1000 higher than the other quote, was considered preferred. Elize has experienced them to be good. It was agreed to proceed with MrTar.
cc.. The concrete work around the drains in front of the garages will be done after the tar work has been completed.
dd.. replacement and welding two stairway panels at washing line area: two quotes are expected this week. On Elize’s request we will obtain a quote from company CeeCee also.
ee.. wet walls in flat no. 10 resulting from a leak in the roof: The roof has been repaired (item aa. above). The repair work in flat no. 10 will be handled by the Body Corp as an insurance claim.
ff.. The responsibility for repair and maintenance of all “exclusive use areas and buildings” is with the respective exclusive user. Art. 73 of the Constitution is quite clear on that. The door of any garage falls under this article. Art. 73 clause 3 is particularly specific on the obligation to maintain “as if it was part of his section”. In response to the question raised by Johan van Zyl, Cor was requested to inform him accordingly.
gg.. the street-facing balcony boards of nos. 5 and 6 need te be re-varnished. Preferably with Rubol. It was agreed that Christina will be asked by Cor to obtain a quote for acceptance and payment by Hennie and George.
hh.. a syphon in Hennie’s flat has been leaking, causing a nuisance to Johan’s flat no. 1 below. Christine will be requested by Cor to organise fixing at Hennie’s cost.
jj.. it was agreed that, in general, always two quotes will be obtained for any repair and maintenance work. Above R 15.000 there should be three quotes. All except for emergency situations and small items, if approved as such by Body Corp management.
11.Details of long-term renters
Their details are required in case of calamities, notices to occupants for restrictive maintenance activities etc. Cor will obtain the outstanding details of the long-term renters of nos. 3, 7 and 11 (no. 4 is not a long-term renter).
12.Approval of management fee
Christina’s proficiency in her work for the Body Corp is highly appreciated by all. The fact that she was also prepared to take insurance claims off Andrew’s shoulders was welcomed. It was agreed to increase her remuneration from R 1500 to R 1750 p.m. as from 1 July 2022.
13.Appointment of trustees
aa.. It was decided that the trustess until the next AGM will be Andrew, George and Cor.
bb.. Andrew’s contrubution for many years for the good of the Body Corp was applauded by all.
cc.. The newly elected trustees prefer to operate without any titles. The three have distributed their tasks per the attached “Roles and Responsibilities” allocations for all three trustees plus Christina.
dd.. Two of three signaturies are required to operate our bank account. This is a requirement of our insurers. Andrew will check with the bank whether either Hennie or Cor could be the third signatory.
14.Other
aa.. It was tabled that the Constitution of the Summerplace Body Corp (signed into force at the Registrar of Deeds in Cape Town on 28 October 1986) is the prime document governing us.
bb.. The original Summerplace Conduct Rules of 2013 included the clause “no pets allowed”. That clause however, if challenged, would not stand in court. Art. 15 of the current Conduct Rules dated 19 July 2021 is in compliance with the current laws in SA: it requires approval from the Body Corp. Approval may be given subject to certain conditions which Body Corp management may attach in any specific situation.
cc.. It was stressed that any owner, upon the sale of his/her flat and/or the acceptance of a tenant, should make the Conduct Rules part of the agreement to buy or rent. A copy of the Conduct Rules are attached to these minutes.
dd.. The frequency of the outside electrical sliding gate may from time to time have to be changed for security/safety reasons. In that event all remotes will need to be reprogrammed. Christina has agreed to take care of that.
ee..There is a need for parking spaces to be marked with white lines. George wll determine the location of the lines. Cor will ask Christina to arrange the painting.
ff.. Elize will coordinate with Christina on a neat arrangement of plants.
gg.. It was agreed that the main communication channel is best by email. The addresses of the trustees and Christina are shown in the heading of these minutes. While the WhattsApp Group app may have had some negative content in the past it was agreed that whether or not any owner wants to be included in that app obviously remains to be a personal choice.
15.Closure
Andrew thanked all for their contributions in our very cordial and constructive meeting.
The meeting adjourned at 20h40.
