By Ané de Klerk
The paperwork involved with managing Home Owners Associations (HOA’s) can be rather overwhelming. Managing a HOA registered as a nonprofit company? The below table can be printed out or saved on your computer as a helpful resource to make sure you have submitted all of the required returns to the Companies and Intellectual Property Commission.
| WHAT HAPPENED? | WHICH FORM SHOULD I SUBMIT? |
| The HOA has appointed a new managing agent, who is made responsible for its record keeping. | CoR 22 – Notice of location of company records |
| The HOA has appointed a new auditor. | CoR 44 – Notice of Change of Auditor or Company Secretary |
| A new director has been elected. | CoR 39 – Notice of Change of Directors |
| A director has been removed from the board. | CoR 39 – Notice of Change of Directors |
| It is the anniversary of the HOA’s incorporation. | CoR 30.1 – Annual Return |
| It is the anniversary of the HOA’s incorporation
AND its Memorandum of Incorporation (MOI) does not require that its financial statements be audited AND it chose not to have its financial statements independently reviewed. |
CoR 30.2 – Financial Accountability Supplement |
| The HOA’s entire MOI has been substituted by a new version thereof. | CoR 15.2 – Notice of Amendment of Memorandum of Incorporation |
| A part of the HOA’s MOI has been changed. | CoR 15.2 – Notice of Amendment of Memorandum of Incorporation |
| The HOA’s MOI or rules have been altered to correct a reference, grammar, punctuation, spelling or similar error. | CoR 15.3 – Notice of Alteration of Memorandum of Incorporation |
| The MOI has been translated into one of South Africa’s official languages. | CoR 15.4 – Notice of Translation of Memorandum of Incorporation |
| The MOI has been revised and consolidated. | CoR 15.5 – Notice of Consolidation of Memorandum of Incorporation |
| Changes have been made to the HOA’s rules. | CoR 16.1 – Notice Concerning Company Rules |
| A filed rule has either been ratified or not ratified. | CoR 16.2 – Notice of results of Vote on Company Rules |
| The HOA has changed the date of its financial year end. | CoR 25 – Notice of Change of Financial Year End |
Unsure whether you have to submit any of these? You are welcome to reach out to us for a consultation to discuss your particular situation by sending an email to info@theadvisory.co.za or to register for the next presentation of the Paddocks UCT Scheme Manager – Home Owners’ Association online short course, aimed at empowering you with the knowledge and resources to manage your HOA effectively. Email courses@theadvisory.co.za for more information.
