Residential Estate Industry Journal | Page 51

GOVERNANCE PAGE 51 5.1.5.Compound and allow payment from each RWC, as well as a representative concerning the affairs of RCC of which arrangements for any debts or claims due from ARC and CAISA, and co-opted experts. proper and due notice has been given. to the RCC. 6.8. The executive shall meet at least twice 5.1.6. Refer any claim or demand by or a year, and may conduct electronic meetings 10. Special general meeting against the RCC to arbitration. as required. The RCC may, at any time, at the resolution 5.1.7. Receive contributions and make and 6.9. The RWCs and NWC shall meet as per of the executive or by written demand of give receipts, releases and other discharges the direction of the executive. one twentieth of its members, convene a for moneys payable to the RCC and for 6.10. A quorum shall be 10% of all members special general meeting of the RCC by giving claims and demands of the RCC. in general meeting, 50% of the members of not less than 21 days’ notice specifying the 5.1.8. Open a bank account and/or the executive, and no less than 3 members date, time and place of the meeting and the accounts in the name of the RCC as might for RWC and NWC structures. purpose and agenda for which the meeting be deemed requisite. is called. 5.1.9. Draw, make, accept, endorse and 7. Membership & funds execute bills of exchange, promissory notes, 7.1. The executive may levy such contributions cheques and other negotiable instruments on its members in order to provide sufficient 11. Chairperson of general meetings connected with the objects and business of funds to cover the budgeted operational The chairperson, or, in his absence, one of the RCC. expenses, which may include reasonable the other members of the RCC elected by 5.1.10. Invest and manage any monies of provision for contingencies, for any financial those constituting a quorum, shall take the the RCC not immediately required for the year approved by the executive. chair at all general meetings of the RCC. purposes of RCC operations or projects 7.2. The executive may raise such special in such investments or securities, and on contributions as might be required to cover such terms and conditions, as the executive the costs of any particular project, or to 12. Adjournment of general meetings deems fit and necessary, and to vary or provide a suitable fund in anticipation of any The chairperson of any general meeting realise such investments from time to time. major project costs. may, with the simple majority consent of the 5.1.11. Act in any way, or do anything that 7.3. Membership shall be voluntary and shall meeting, adjourn the meeting to a different could or might be done on behalf of the be effective on payment of the stipulated location, and/or to a different date and members of the RCC, excepting such matters contribution. time, but no business shall be transacted at as are reserved to be dealt with at a any adjourned meeting other than business general meeting of the members of the RCC. 8. Annual general meetings 5.1.12. Recommend to an AGM to make 8.1. An Annual General Meeting of the RCC such amendments, variations, alterations, shall be held not later than 1 December of modifications or additions to this each year. Constitution by ordinary resolution as 8.2. Each member in good standing shall be 13. Voting at general meetings deemed necessary. entitled to a single vote. Except when otherwise provided for, all 5.1.13. Do all such things that may be 8.3. Notice of not less than 15 days shall be resolutions submitted at a general meeting considered incidental or conducive to the given by letter, fax or email to each member of members shall be decided by a show of attainment of the objects of the RCC. at his, her or its registered or email address. hands. 5.1.14. Delegate any or all of the powers The accidental omission to send a notice to above to the executive, or reverse such any member shall not invalidate the meeting. delegation. left unfinished at the meeting that was so adjourned. 14. Minutes of general meeting 6.1. The operations and functions of the 9. The following business shall be transacted at the annual general meeting RCC will be managed by the executive. 9.1. Approval of the minutes of the previous 6.2. Unless otherwise prescribed at an AGM, Annual General Meeting. the executive shall consist of a minimum of 9.2. Consideration of the annual report of 15. Proxies 7 and a maximum of 12 members. the chairperson of the RCC. Any member may, in writing, designate any 6.3. The executive may co-opt to employ 9.3. Consideration of the approved audited other member to act as his/her proxy at an additional members. financial statements of the RCC for the AGM or SGM of the RCC. 6.4. The chairperson shall be elected by the previous financial year. executive. 9.4. Presentation of the approved budget for 16. Date of commencement 6.5. RWCs and NWC will be established by the ensuing year. This Constitution shall come into effect the executive. 9.5. Noting of the contributions for the on the date on which it is signed by the 6.6. The RWCs will comprise members of ensuing year. inaugural members at the first meeting of the RCC as well as identified subject matter 9.6. Election of new members to the various the RCC Executive. experts. RCC structures as required. 6.7. The executive will comprise a nominee 9.7. Consideration of any other matters 6. The structures Minutes shall be kept of all meetings of the RCC, and shall be approved at each subsequent meeting and signed by the respective chairperson.