Residential Estate Industry Journal 3 - Page 7

Message from the president of arc This, our third annual journal Much work has also been spent on the Community for the residential community Schemes Ombud Service Act and the newly established industry, is again being launched Community Schemes Ombud Service (CSOS). By the time with the National Conference you read this journal, the regulations may well have and Exposition. The Association been signed and the levy imposed on all community of Residential Communities (ARC) schemes. is very proud to be able to continue adding value to all ARC and the members that we have consulted with member communities – and, in are not opposed to the notion of dispute resolution. fact, to all communities, large However, we are opposed to any legislation that and small, whether current ARC removes the rights of an HOA to self-govern, and we members or not. are opposed to being confronted with a forced levy During 2015 and early 2016 much has been reported on the rights of a homeowners’ association (HOA) to determine rules for its community, rights given to us by our Memorandum of Incorporation (MOI) or constitution. Members often question whether we have such rights, and whether a given rule is fair. Certain rules attract more debate than others, for instance when it is suggested that an HOA is acting outside its mandate by enforcing rules that form part of other pieces of legislation such as the National Road Traffic Act. More often than not, when a breach is reported and a penalty imposed the matter is concluded effectively, but in some cases members are prepared to seek legal intervention and go to court on a matter. Rules are there to regulate conduct between neighbours and must not necessarily be restrictive but rather take where the current governing documents of the HOA already include dispute resolution processes. (For more detail on the functions of the ombud [CSOS] refer to page 34). The Act will create a new landscape on governance, and all communities are urged to ensure that their internal dispute resolution processes are sound. ARC has formed many new and exciting partnerships with experts in the industry. The issue of water management, especially relating to the quality of water, the storage of emergency water and water saving, is top of mind in our communities. Initiatives including new camera technology, health and safety, director and officer liability, and the use of common areas are being launched and will be introduced at all chapter meetings. into account the cumulative rights of all residents to use and enjoy their estate. So while a member may feel ARC is also privileged to have visited and spoken at aggrieved by the imposition of a rule, it is important the Community Associations Institute (CAI) USA national to remember that: confer [˜ÙH[™HӐQŒŒ MˆÛۙ™\™[˜ÙHو›Ü\B‚ŒKˆ[[\È\™HZYÝۈÈÙ\™HH™\Ý[\™\Ý‚“X[˜YÙ\œÈ[ˆÙ]š[K][™YžHݙ\ˆ H Œ ÛÛ[][š]B‚›ÙˆHÛÛ[][š]H[™›Ý\ÚYۙYÈ[š\Ú[žB‚›X[˜YÙ[Y[›Ù™\ÜÚ[ۘ[ˈH™X]\™HۈHÛÛ[][š]B‚œ\XÝ[\ˆY[X™\ŽÈ[™‚š[ˆܛ[™Ë›ܚYK\È[˜ÛYY[ˆ\È›Ý\›˜[ ‚‚Œ‹ˆ[\È\™HZYÝۈ[ˆ\›\ÈوHSÒH[™›Ü›Bœ\وHÛ۝˜XÝX[\œ˜[™Ù[Y[™]ÙY[ˆB‚TÈ\È™\žHܘ]Y[È[Ý\ˆ\Ú[™\ÜÈ\™\œÈ›Ü‚‚’ÐH[™[Y[X™\œËˆY[X™\œÚ\وHÐH\‚Z\ˆÝ\ܝÈ[Y[X™\ˆÛÛ[][š]Y\˂‚˜ÛÛ\[ÛܞH[™[˜ÛYY[ˆH]HYYÈقH›Ü\K‚‚’™Y™ˆÚ[[Ý\‚‚ƒ