Annual General Meeting

A Little Different This Year

Twenty Twenty One

REGISTRATION IS NOW CLOSED

Wednesday, 24 March 2021
18h00

Current regulations affecting the holding of meetings:

The 2020 AGM was postponed indefinitely due to the COVID-19 Pandemic. Subsequent, government lockdown and associated regulations, under the current adjusted level 3 lockdown regulations of the Disaster Management Act states that no meetings of more than 50 (fifty) persons may be held indoors and no more than 100 (one hundred) persons may be held outdoors.

Achieving a quorum:

In line with our Constitution in order for there to be a quorum we require 125 (one hundred and twenty-five) eligible members to be in attendance in person or represented by proxy which means that both indoor and outdoor limits as they presently stand may well be exceeded.

Proposal of a virtual meeting:

After having concluded its investigations into the possibility of convening a virtual general meeting of members the Trustees have determined that a virtual meeting may be conducted on two large popular platforms being Zoom and YouTube. Management and the Trustees investigated numerous platforms but these two are favored as they are commonly used and easily accessible. The Association does not have the resources to broadcast over every platform. Zoom will be utilised for members who will be actively participating in and voting at the AGM. YouTube will be used as an additional platform for those who simply wish to view the proceedings of the AGM but are not eligible to cast a vote.

Additional benefits of a virtual meeting:

Many of our members are unable to attend traditional general meetings as they have holiday homes in Seaward Estates and virtual meetings provide an opportunity for them to join, instead of them having to appoint a proxy.

Submission of Resolutions:

The Association hereby calls for members to submit Resolutions for consideration at this meeting, before the close of business 16h00 on the Wednesday, 24 February 2020 (1 month prior to the AGM). This closing date will enable the Association to comply with the provisions of clause 17.2 of the SEMHOA Constitution.

We further draw to your attention the provisions of clause 15.3 of the SEMHOA Constitution with regard to resolutions, namely that they include:

  1. The general nature of that business;
  2. The terms and effect of the resolution;
  3. The reasons for it.

Important minimum requirements

Resolutions must be fully motivated with all information, details and clear action/s required in order to ensure that non-AGM attending members are provided sufficient information for them to be able to participate in the proxy vote in their absence.

Please ensure that the proposed resolution comprehensively addresses a reasonable level of due diligence that does not exclude any resultant financial commitment that the Estate would be required to include in their budget considerations.

Your supporting documentation must be attached to your resolution as a pack which must also show that consideration has been employed by you with regard to unintended consequences which could unnecessarily further burden the Estate.

Due consideration has likewise been employed to ensure that the Estate is not exposed to intolerable risk levels.

Resolutions which are deemed to be Special Resolutions will require a 75% majority of the votes cast to be carried, while Ordinary Resolutions will be carried by a simple majority.

Nominations for Trustees:

All proposed nominations for the appointment of Trustees for the forthcoming year must be submitted to the Association via:

before the close of business 16h00 on the Wednesday, 24 February 2021 (1 month prior to the AGM). This closing date will enable the Association to comply with the provisions of clause 8.6 of the Association’s Constitution.

Clause 8.6 of the Constitution provides as follows:

8.6       Nominations for trustees shall be made by not less than four (4) members in good standing, shall be in writing, bearing the nominee’s acceptance and lodged with the trustees not less than thirty (30) days prior to the general meeting at which an election for trustees is to take place.

Member eligibility to participate in and vote at the AGM:

Please note that in terms of Clause 20.2 of the Constitution of the Association a Member who has not paid in full all monies due to the Association, shall be entitled to be present but cannot vote. In order to receive an access code timeously, proof of payment of outstanding funds must be submitted by no later than 16h00 on Tuesday, 9 March 2021.

Member registration to attend the AGM:

For the seamless and efficient conduct of this virtual meeting, eligible Members are requested to register on our website https://seawardestates.co.za/AGM by 24 February 2021 (1 month prior to the AGM).

Virtual meeting guideline:

A virtual AGM guideline document will be circulated in due course which provides members a step by step guide, how to access the various platforms.

Access links:

YouTube and ZOOM links and credentials will be distributed to all relevant parties.

A unique meeting access token will be generated and emailed to the Member (or in the case of erven or sectional title units owned by legal entities or multiple owners to the duly appointed representative member) or their duly appointed proxy to enable them to attend and vote at the AGM. The member (or representative member) or proxy will receive an access link on or before 11 March 2020 (2 weeks prior to the AGM). Only one person per ERF or sectional title unit number may be issued with a unique meeting access token in order to validate the voting process. 

Where ownership is shared, interested parties and guests wishing to view the proceedings will be able to do so via the YouTube platform. An access link will be provided on or before 11 March 2020 (2 weeks prior to the AGM).

If you have not received your access code by 15 March 2020 you are requested to contact the office immediately as we aim to close the access administration process by 17 March 2020.

Attendance Register

The meeting access screen will display the thirty minute countdown from 17h30.

Members will be able to login to the respective meeting platforms from 17h30. Eligible Members attending on the Zoom platform will be provided with a link via the comments section to the attendance register.

Proxies:

Eligible members may appoint a proxy to attend the AGM on their behalf. The proxy form to be completed must be uploaded to the Associations website www.seawardestates.co.za/agm-proxy”. It is also available from the Association a interactive form is available on the website. Forms are to be returned to the Association before 11 March 2021.

Election of Trustees and Voting on Resolutions:

Voting will not be on a show of hands. Instead, voting will be by way of a voting form which will be issued to eligible members on conclusion of the AGM via email. All votes (including proxy votes) are to be received by the office on or before 16h00, 31 March 2021.

Q & A:

Question and answer time at the back-end of the meeting may need to be limited to cater for curfew restrictions. The Trustees and management representatives will be operating from a facility and will require sufficient time to make their way home. The main aim of the meeting will be to dispose of the matters that must be dealt with at the AGM and if there is insufficient time to deal with questions and answers at the end the Trustees will convene a special general meeting to deal with any other matters based on a need to do so.

Results:

The results of voting will be independently audited and then circulated to all Members by 5 April 2021.

BY ORDER

SEAWARD MASTER HOMEOWNERS ASSOCIATION