DOLPHIN BEACH BODY CORPORATE 2012 ANNUAL GENERAL MEETING

Transcription

1 DOLPHIN BEACH BODY CORPORATE 2012 ANNUAL GENERAL MEETING MINUTES OF THE ANNUAL GENERAL MEETING OF DOLPHIN BEACH AND DOLPHIN FOUR BODY CORPORATE HELD ON 23 NOVEMBER 2011 AT 3:30PM IN THE PUBLIC LIBRARY HALL AUDITORIUM, PIENAAR ROAD, MILNERTON These minutes were compiled by Managing Agents Marsh Property Services from and audio recording made at the meeting; abbreviations used are: D4BC=Dolphin Four body corporate, DBBC= Dolphin Beach body corporate; MPS= Marsh Property Services PRESENT Outgoing trustees under the chairmanship of Mr Hercules Weyers: DBBC- Mr Craig Peare, Mrs Mila Rocho, Mrs Marcia Baker; D4BC- Messrs Brian Singer, Fraser Johnston, and Jan Maree; Title-holders present and proxies received, as per attendance register. IN ATTENDANCE Messrs Norman Marsh and Grant Marsh representing MPS. GUESTS Messrs Tertius Maree (Sectional Title Attorney), Mike Slabber and Guy Danks (Slabber Fick Associates) Welcome The Chairman, Mr Hercules Weyers welcomed title-holders, their partners, guests and attendees. The attendance register reflected that a quorum was present in person or proxy, and he declared the meeting open at 3:30PM Apologies were noted from DBBC: Mr & Mrs Dietmann and Mr & Mrs Teubes and D4BC: Mr G Sinovich. 1 Address by guest speaker. The chairman introduced Mr Tertius Maree Tertius Maree as a senior practising attorney in Stellenbosch, specialising in the law relating to sectional titles and home owners associations. He holds a master s degree (cum laude) from Stellenbosch University in sectional title law and is the author of four books and numerous articles on sectional title matters. Mr Maree gave an extensive and informative lecture on the future administration of Sectional Title schemes and what changes can be expected in the legislation. He then answered some questions on the subject, as posed by members from the floor. Brian Singer thanked the speaker on behalf of the title-holders. 2 Q & A Session with Mike Slabber The second guest Mr Mike Slabber, a quantity surveyor of the firm of Slabber Fick Associates,

2 gave an overview of the process of the Dolphin Beach Refurbishment Project, explaining some of the aspects which might be of interest to owners. Mr Slabber then fielded questions relating to specific queries from members of the audience. The Chairman emphasised the critical key role played by such professionals in refurbishment of buildings, and thanked Mr Slabber and Mr Guy Danks for the manner in which they had guided the project, and assisting the trustees so ably. 3 Minutes of the previous AGM The minutes of the previous AGM held on 9 December 2010 having been previously circulated with the AGM booklet, were taken as read. No-one objected to any aspect of the contents of the minutes; the confirmation and adoption of the minutes were proposed by Mr Leon Singer, seconded by Mr Alan Thomson, and accepted unanimously by all present. 4 Chairman s Report The Chairman s report on the activities and performance of the body corporate during the preceding year, having been circulated with the AGM booklet, was taken as read. The Chairman briefly touched on some of the main high-lights in his report. He mentioned the cash reserve balances and arrear levy positions for both bodies corporate, noting that an unresolved dispute between the D4BC and the hotel had been receiving attention by the trustees, and was nearing final resolution. NOTED On the question of proposed budgets for income and expenditure for the period 1/7/2011 to 30/6/2012, the trustees had proposed a 3% levy increase in both bodies corporate. A number of owners were of the opinion that a larger increase would contribute to a stronger reserve fund being built up for the future. Among other matters, the Chairman noted that the Security contract had been terminated by Cape Navigator, and that the new service provider Ukhuselo Training and Security had taken over that aspect of managing the complex. He introduced the owner, Mr Gert Lottering, who introduced himself and his organisation to the owners with a few words of reassurance. 5 Audited annual financial statements The audited annual financial statements for the year ended 30 June 2011 for each of the bodies corporate, having been circulated with the AGM booklet, were taken as read. There were no specific questions by owners regarding the financials. The adoption of the D4BC financials was proposed by Leon Singer and seconded by Jan Maree. In the case of DBBC, the adoption was proposed by Alan Thomson and seconded by James Andrews, and accepted unanimously by all present.

3 6 Budgeted Income and Expenses The proposed budgets for Income and Expenditure for the period 1/7/2011 to 30/6/2012 for each of the bodies corporate, having been previously circulated among owners with the AGM packs, were taken as read. It was noted that the 3% levy increase, as proposed by the trustees, had been implemented with effect from 1/7/2011. A proposal from the floor to further augment the increase from 3% to 5% as from 1/1/2012 for DBBC was put to the vote by a show of hands. The proposal was carried by a majority of titleholders present. In the case of D4BC, Brian Singer confirmed that the proposed 3% increase was sufficient to generate an equivalent reserve fund contribution. He proposed that the 3% increase remains unchanged for the remainder of the financial year. The proposal was seconded by Jan Maree. There being no further comments or objections, the budgets were thus accepted unanimously by all present. 7 Insurance schedules The Chairman noted that the insurance schedules for each body corporate had been included in the AGM packs as circulated to owners. The insured values reflected had been based on revised replacement values (not market values). He further advised that any owner had the right to purchase additional top-up cover where renovations, etc had perhaps increased the risk value. Such cover would be for the account of that owner. The approval and adoption of the schedule for the DBBC was proposed by Kobus Botha and seconded by Hercules Weyers, while for D4BC proposal was by Edelweiss Marais, and seconded by Brian Singer, and accepted unanimously by all present. 8 Appointment of auditors The Chairman advised that he had received good report about the manner in which Meridian Auditors had conducted the audits, and that, unless anyone else wished to proposed alternatives, the trustees recommended that Meridian be re-appointed for the 2011/2012 financial year for both bodies corporate. This was accepted unanimously by all present. 9 Election of trustees The number of trustees for each body corporate was 4, and no proposal for a change in the number was made. The Chairman announced the names of the nominees for DBBC, namely, alphabetically: Peare, Mr Craig

4 Rocho, Mrs Aileen Ludmila Snaith, Mr Chris Weyers, Mr Hercules. The nominees were returned unopposed, and thus duly appointed to serve until the next AGM 5 nominations for D4BC were received, being, alphabetically: Bergstrom, Mr Anton Johnston, Mr Fraser Maree, Mr Jan Singer, Mr Brian Sinovich, Mr George Mr Singer proposed that Mr Sinovich be accepted as an alternate trustee, and that the remaining 4 nominations be appointed as trustees for the D4BC. The proposal was unanimously accepted. No directions were given, nor were any restrictions placed on the trustees. 10 Domicilium The domicilium citandi et executandi for both bodies corporate was confirmed as being: c/o Marsh Property Services, Shop N 5 St Tropez, The Island Club, 2 Northbank Lane, Century o. City. 11 Special business The Chairman noted an item of special business which was being tabled for discussion and deliberation by owners. He sketched the background that the trustees had been presented with a proposal by the Dolphin Beach hotel to provide a cleaning and maintenance service by contract. The trustees were aware that some owners may be of the opinion that the acceptance of such a contract may be seen as a conflict of interest in the case of Mr Singer. Mr Singer argued that the proposed contract would not involve him personally, and would not form a material part of his business. Conflicting opinions were expressed by a number of members from the floor. It was confirmed that any offer would be adjudicated on an equal footing with competitive offers, and that Mr Singer would not be involved in decisions related to such a possible contract. It was stressed that any contract entered into, would certainly be to the benefit of both bodies corporate. The trustees were merely seeking a directive from owners as to whether the benefits of such A contract should be investigated any further or not. The Chairman called for a vote on the

5 matter by a show of hands from the floor, as an indication of the general sentiment. The vote in favour of the trustees doing further investigation into the suitability of such a contract was 30 in favour versus 4 against. NOTED 12 Close There being no further business, the Chairman thanked everyone for their participation, and declared the meeting closed at 6:03pm Confirmed Chairman Date