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
its Memorandum of Incorporation (MOI) does not require that its financial statements be audited
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 email@example.com 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 firstname.lastname@example.org for more information.