In this article, we touch on the subject of What are Committee Members and the role they play in a community scheme.
Committee Members: Being a committee member can be very rewarding but it is also a huge responsibility. Some may argue that being a committee member is a thankless job, and in some instances, it may very well be true. However, the question that begs to be answered is where would we be without our committee members? Many people are of the opinion that being a committee member is fun and that committee members are above the rules of the complex. Nothing could be further from the truth. If anything, committee members are more bound to the complex rules as residents look to them to set an example.
These selfless men and woman go beyond the call of duty and work tirelessly alongside the Managing Agent to tend to the day to day matters of the complex, a job which is not compensating and at times can be time consuming and onerous.
How are they appointed: The chance to be appointed as a committee member arises at the Annual General Meeting (´AGM`). Committee members are nominated by their fellow residents 48 hours prior to the AGM and must accept the nomination before being appointed. If insufficient nominations have been received prior to the AGM, owners may nominate committee members at the AGM.
What does it entail: Over and above the day to day duties of a committee member, he/she must adhere to the following:
- Be familiar with the Sectional Titles Act, or in the case of Owners Associations, the Memorandum of Incorporation.
- Ensure Levy payments are up to date.
- Enforce the conduct rules of the complex.
- Approve the budget and ensure that it is adhered to.
- Maintain an open line of communication with the appointed managing agents to ensure matters are being addressed timeously.
- Ensure that the complex is adequately insured.
- Approve maintenance projects within the complex.
It is important to note that a committee member must stand in a fiduciary relationship to the Body Corporate / Owners Association. What this means is that a committee member must at all times:
- Act honestly and in good faith.
- Act in the interest of the Body Corporate / Owners Association.
- Avoid any material conflict between his/her own interests and that of the Body Corporate/Owners Association.
- Not receive any personal economic benefit (direct or indirect) unless agreed upon at a general meeting.
- Notify other committee members of any material interests he/she may have (direct or indirect).
Any committee member found to be in breach of their fiduciary relationship with the Body Corporate/Owners Association, may be held liable for any loss suffered to the Body Corporate/Owners Association and/or any economic benefit received
Being a committee member may be a thankless job, but at the end of the
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