Therefore there are three positions available on the board that are open for nominations by the floor.

Transcription

1 Minutes of the 25 th Annual General Meeting of The Dainfern Homeowners Association (DHA) and The Dainfern Country Club (DCC) held on 24 November 2016 at Dainfern Clubhouse at 18:40 pm. DAINFERN HOMEOWNERS ASSOCIATION (REG NO 1991/004217/08) NPC AND THE DAINFERN COUNTRY CLUB Date of meeting: 24 NOVEMBER 2016 Time of meeting: 18:40 Venue: Attendees: Rob Scott Chairman DHA Board of Directors Dainfern Residents Trafalgar Property Management (Pty) Ltd By invitation : Andrew Schaefer Trafalgar MD Cecilia Prinsloo Van der Linde Dainfern Clubhouse Room B 1. Welcome The Chairman, Rob Scott, welcomed members to the Annual General Meeting (AGM). He suggested that the meeting should not be considered a formal AGM but a meeting that would cover agenda items, the chairman s report as well as a discussion as to where the estate currently is. A formal AGM would then be held towards the end of November 2016 or early 2017, where financials and matters discussed at this meeting would be formally addressed. 2. Board Member Resignations The following board members have resigned. 1. Mark Gilbert 2. Bridgett Orlop 3. JP Du Preez Therefore there are three positions available on the board that are open for nominations by the floor. Page 1 of 5

2 3. Consolidation of the DCC and DHA Rob Scott pointed out that the Memorandum of Incorporation (M.O.I) of the Dainfern Homeowners Association (DHA) and the Dainfern constitution did not correspond as they have completely different quorums, notice periods and requirements. A process of alignment of the two entities will be initiated when the new members join the Board. 4. Consideration of the Chairman s Report Rob asked the meeting if they had read the Chairman s Report and queried whether anyone had questions or required more information regarding the report. No hands were raised. Rob informed the meeting that three main objectives had been identified as part of a long term plan for the estate namely. 1. To be the safest estate in the country As per the Security Manager, Peet Trollip, there have been no major incidents over the last four years. These statistics were also supported by an independent review completed by Fidelity Security Management who verified that Dainfern is the safest estate in the country. 2. To Maintain Five Star Rating as a Golf Estate 3. To be one of the Top Three Estates in the Johannesburg Area The security manager reported that various initiatives had been put in place, one being the presence of SLA paramedics on site. This has been extremely effective and positive reports have been received for residents who have benefited from this initiative. 5. Appointment of the New General Manager It was agreed that the new General Manager should not be a resident of Dainfern and after extensive interviews, Dave Weyers, who was the General Manager of Dainfern Valley was appointed as the General Manager as of 1 st December Rob Scott extended his gratitude to the board for their time and efforts made in running the estate in the interim. Rob Scott also extended his gratitude to the following committees and individuals. Tech Committee Built Environment Committee Finance Committee Trafalgar Property Management Jeremy Davies Page 2 of 5

3 Questions raised in the meeting Question 1 What are the legal requirements for installing a borehole on your property? Answer This is permitted after obtaining permission from Estate, Town Council and the Department of Water. Dave Walsh pre submitted questions and Rob read out answers. Question 2 In 2014 Rob Scott and Peter Van den Steen as members of the board, called for a forensic audit on the 8 th of October and again in writing on the 21 October, this being a request by CRG members. Did this take place? Answer A forensic audit was undertaken by RSM Betty Dickson (Pty) Ltd and no irregularities were found. Question 3 Was the Scott and Van den Steen report dated 8 th October an audit? Answer It was not a full forensic audit but was based on the issues that were raised. 1. The awarding of the Africlean contract, when Servest was a hands down winner. 2. The contract awarded to Meat by Reservation when residents had expressed their dissatisfaction with the services of Meat by Reservation. 3. The outsourcing of the indoor plant maintenance to Nica Enterprises managed by a staff members spouse. 4. The structure of staff salaries and the tax implications with specific reference to certain staff members being allowed to fill up at the Sasol filling station as a perk. 5. The use of staff to connect electricity 6. The use of staff and estate vehicles for private use. 7. A review of the charges from all major suppliers namely Turfnet, Fidelity to ensure compliance with their agreements. 8. Health and safety compliance It was felt the Mr. Bernstein s style of management was too Laissez-faire and did not have sufficient controls in place. Question 4 At the 2015 AGM Costa Spheris and Simon Jackson advised residents that a forensic audit completed by RSM Betty Dickson (Pty) Ltd had reported no irregularities. Why were problems not identified? Answer Rob Scott stated that the board were awaiting advice from ENS as to whether any criminal charges had been identified out of the trial. Secondly a review is being conducted by ENS together with Cecilia Prinsloo Van der Linde in this regard. Page 3 of 5

4 Suggestions raised in the meeting JP Suggested that Trafalgar Management accounts be distributed to the Homeowners on a monthly basis as this is the practice that other estates that he has visited are following and has proven to be highly effective, As well as to show the home owners how the DHA subsidises the DCC. This will also point out to the Homeowners just how important it is for the Golf Club to have more members as if this need is not saturated the Home Owners will keep on subsidising the Golf Club. He then pointed out that the onus is on the Homeowner s to start encouraging friends and family members to become members and urged Richard Attwell and his team to do benchmarking with other estates to distinguish what is offered to their Homeowners, as already he feels that Homeowners are paying too much and are not even given the incentive to become full golf members. Question 5 Dr. Orlop expressed her opinion that DHA had not completed a forensic audit and Dainfern required a full audit. Answer A full review was done and no further authentic cases of fraud were identified. Question 6 - Was it possible, that Reg Bernstein, committed fraud without the knowledge of the board or any other members of staff? Answer Rob Scott stated that this was a possibility. Question 7 Were there other people involved? Answer ENS has advised the board to wait upon the outcome of the court case. What was apparent was that certain employees whom suspected that things were not above board did not speak up. This was not illegal but immoral and therefore affected the trust between employer and employee. Question 8 (from the floor) Do we have Fidelity Insurance? Answer No at the time Dainfern did not have Fidelity Insurance. This has been rectified and the DHA do have appropriate insurance policies in place. Question 10 (from the floor) Has there been any legal action taken against RSM Betty Dickson (Pty) Ltd? Answer Dainfern has notified the firm that there could be a legal lawsuit coming their way. Rob Scott reported that an approximate amount of R has been spent in the prosecution of the previous General Manager, He indicated that, by law, in terms of the Prevention of Corrupt Practices Act, any fraud or theft in excess of R had to be reported. CLOSING Mr. Rob Scott stressed the fact that Dainfern needs be transparent to its residents, The residents applauded and extended their appreciation to the current Board for their efforts. The meeting was then closed at 08:03 pm DECLARED A TRUE RECORD OF THE PROCEEDINGS. Page 4 of 5

5 Chairman Director / Trustee Date Page 5 of 5