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We manage a HOA who's MOI states that the AGM notices need…

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Hi there. We manage...

Hi there. We manage a HOA who's MOI states that the AGM notices need to be delivered 21 days before the meeting. Not all of the supporting documents are ready to be delivered today. Question then is when do we have to deliver the supporting documents? i.e. budget, chairperson's report, financial statements ect.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

AGM notices have been drafted and the supporting docs are being reviewed by the Directors. AGM has to be held on the same day each year in accordance with the MOI which means that notices have to be sent today.

Lawyer's Assistant: Where is the property located?

Kempton Park

Lawyer's Assistant: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.

That's it.

Submitted: 29 days ago.Category: South Africa Law

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5/3/2023

Lawyer: Patrick, Attorney replied 29 days ago

Patrick, Attorney

Category: South Africa Law

Satisfied Customers: 3,362

Experience: BCom; LLB; Masters in Law

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Hi there and thank you for your question,
I am a practicing attorney based in South Africa and I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your question. I've previously received a 5-star rating from over 3,276 customers on JustAnswers!
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Please bear in mind that this is NOT a live chat system. It is a message board and as such it might take me some time for me to get back to you. It might be a minute or two, but it could be a little bit longer - especially if I'm assisting a couple of customers at the same time.
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Customer reply replied 29 days ago

Let's continue with the chat.

Lawyer: Patrick, Attorney replied 29 days ago

Thank you so much for confirming. Let's continue chatting.
Please note that this is a question / answer website where we can assist you with legal questions. We can't represent you directly and we are not an ombudsman or such like.

Firstly, it is vital that the notice calling the AGM or notifying the members that the AGM will take place on a certain date is sent out giving the required notice.

The notice calling the AGM should include the agenda for the items to be discussed.

In terms of the MOI, that should be sufficient.

Unless your MOI specifically requires that supporting documents be attached to the notice, there is no need to attach supporting documents to the notice and you could say, in the notice, that supporting documents are available on request, and also at the AGM, and will also be circulated in the next few days via email due to the size of the documents.

As long as a member receives proper notice of the AGM, and knows what the agenda for the meeting is, that member can’t complain that supporting documents were not circulated with the notice.

Customer reply replied 29 days ago

Thanks Patrick. We will review the Estate's MOI to confirm. Just wanted to confirm that there are no sections in the Companies Act that specify when this has to be sent.

Lawyer: Patrick, Attorney replied 29 days ago

No, there are not. The Companies Act simply refers to adequate and proper notice of the meeting.

Lawyer: Patrick, Attorney replied 29 days ago

Thank you very much for chatting to me.
If there are any additional questions on this issue that should arise, please feel free to reply and ask here!
If you would like to ask me another question in the future, you can add me as a favorite Expert. You’ll have the option to do that on your “My Questions” page if you choose to rate our interaction.
You can also include in your question @Patrick and you will come back to me directly.
Have a great day! Thank you for choosing Just Answer for your questions!

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