Residential Estate Industry Journal | Page 50

GOVERNANCE PAGE 50 RCC RESIDENTIAL COMMUNITY COUNCIL The out the functions identified by the members legislation, and to make representation to established in terms of the common law by RCC is a voluntary association as being consistent with those of a self- the appropriate authorities in this regard. its founding members, who are all authorised regulating industry. representatives of the Association of Residential 3.1.5. To deliberate, formulate, promote and Communities (ARC) member base. The Council defend amongst its members, the common 4. Corporate governance and ethics of The RCC is governed by a ratified constitution and interests of the industry. The RCC shall be underpinned by the will function through its network of regional 3.1.6. To promote a positive image of the following principles: working structures and a national decision- industry amongst the public at large. 4.1. The RCC will respect the right of self- making forum. It has a set of defined objects, 3.1.7. To facilitate the exchange of governance of each community scheme functions and powers, aimed at establishing information that may in any way be relevant within the regulatory framework in which the an effective consultative and representative to the common interests of the industry. industry exists. industry body with the resources and mandate 3.1.8. To build and establish relationships 4.2. The RCC will require its members to act on the industry’s behalf. The RCC will with South African, regional and international to comply with the objectives, policies, facilitate the process of industry consolidation associations whose interests are similar to recommendations and rulings of the RCC. and self-regulation in the ultimate interests of those of the RCC and RCI. 4.3. The RCC will further the collective the individual HOA member. 3.1.9. To promote, in general, all topics that interests of all its members. the RCC considers should be dealt with in 4.4. The RCC will strive to achieve consensus Here are some extracts from the RCC accordance with its objects. in decision-making. Constitution: 3.2. In pursuit of its principle business and 4.5.The RCC will actively subscribe to objectives, the RCC will strive to achieve the corporate governance and best practice following: benchmarks. 3. Principle business and objectIVES of the RCC 3.2.1. The protection, sustainability and 3.1. Subject to any restriction, direction or growth of the RCI. 5. Powers of The RCC mandate given by an ordinary resolution by 3.2.2. Effective representation to government 5.1. The RCC shall have all the powers the members of RCC, its principle business and civil society as the collective and necessary to achieve the objects for which it and objectives will be, but will not be limited recognised voice of the industry. was formed, as detailed herein, and, without to: 3.2.3. Development, establishment and limitation of such general powers, it shall 3.1.1. Formulate, deliberate and express the implementation of policies and best practices have the power to: united voice, and be the representative of for the industry. 5.1.1. Employ and maintain such staff the RCI. 3.2.4. Assistance, encouragement, remediation complement as agreed by the executive. 3.1.2. Interact on behalf of the industry with and enforcement as required, to ensure member 5.1.2. Appoint attorneys, agents, auditors, government (whether national, provincial or compliance with the standards set. consultants and other experts for agreed local) or any other statutory bodies, as well 3.2.5. Recognition of ‘centres of excellence’ scope of works for special purposes, and as with any other public or private individual, in the industry and on the global stage. suspend or discharge any such persons and entity or institution with regards to matters 3.2.6. The establishment of ‘common sense grant honoraria for such services rendered. that may be of concern or interest to the agreements’ with government departments, 5.1.3. Institute or defend, on behalf of RCI or to any member of the RCC. professional bodies and other business itself, the industry collectively or any of 3.1.3. To self-regulate the RCI by formulating communities locally and globally. its members, legal action in any court or and prescribing the minimum standards, 3.2.7. Effective self-regulation of the RCI. tribunal or legally recognised forum, on any code of ethics and best practice policies 3.2.8. Institute or defend legal action on aspect falling within the ambit of the objects in respect of industry and community behalf of the RCI. of the RCC. management. 3.2.9. Establish an effective advocacy 5.1.4. Institute, conduct, defend, compound 3.1.4. To establish, regulate and sustain the function to scrutinise existing and proposed or abandon any legal proceedings by or NWC and RWCs on behalf of its members legislation, to propose revisions to existing against the RCC, its officers, employees or throug hout the industry, in order to carry and proposed legislation, to propose new members.