fbpx

CSOS Act regarding General Meetings

CSOS Act: Paragraph 15.

(1) Subject to sub-rule(7), at least 14 days written notice of a general meeting specifying the place, date, and hour of the meeting must be given to-

(a) all members;

(b) all registered bondholders;

(c) all holders of future development rights; and

(d) the management.

 

(2) A person who has a right to be notified under this rule may waive that right by notice in writing delivered to the body corporate and may, at any time and in the same way, revoke that waiver; provided that if the two or more persons are jointly entitled to exercise a vote, all of them must waive the right to notice and any of them may revoke that waiver.

 

(3) The notice of a general meeting must be accompanied by at least-

(a) an agenda, as required in terms of these rules

(b) a copy or a comprehensive summary of any document that is to be considered or

approved by members at the meeting; and

(c) a proxy appointment form in the prescribed format.

 

(4) A general meeting must be held in the local municipality area where the scheme is situated unless the members have by special resolution decided otherwise.

 

(5) Registered bondholders, holders of future development rights and the managing agent may attend general meetings and may speak on any matter on the agenda, but they are not, in those capacities, entitled to propose any motion or to vote; provided that such persons are not entitled to attend any part of a general meeting if the members resolve that their presence would unreasonably interfere with the interests of the body corporate or any person’s privacy.

 

(6) Notice of a general meeting must be delivered to-

(a) members at their service addresses in terms of rule 4(5), and

(b) other persons at the most recent physical, postal fax, or email address of which they have notified the body corporate in writing.

 

(7) A general meeting may be called-

(a) on 7 day’s notice if the trustees have resolved that short notice is necessary due to the urgency of the matter and set out their reasons              for this resolution; provided that the trustees must not take such a resolution in  regard to a meeting referred to in rule 29(2) or (4)

(b) on less than 14 days notice, if this is agreed to in writing by all persons entitled to attend.

 

(8) Failure to give proper notice of a general meeting to a person entitled to receive notice does not invalidate a vote taken at the meeting, as long as the body corporate made a reasonable attempt to give the notice.

 

(9) Voting at a general meeting may proceed despite the lack of notice as required by this rule if all persons entitled to receive notice in writing waive their right to notice.

 

 

March 3, 2022
© Copyright 2020 - Grahamstown Properties - All Rights Reserved
envelopephone-handsetmap-marker
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram