COVID – 19 DIRECTIVE
PLAN TO BE IMPLMENTED BY COMMUNITY SCHEMES - 27 MARCH 2020
- On 15 March 2020 the President of South Africa, Mr Cyril Ramaphosa, declared in response to the outbreak of the novel corona virus / COVID-19, a national state of disaster in terms of the Disaster Management Act.
- In his address to the nation, the President encouraged the nation to “act swiftly, with purpose and collectively,” to limit the effects of the corona virus.
- In CSOS, the effort to minimise the risk of exposure requires the collective effort and cooperation by the members of community schemes.
PURPOSE OF NOTICE
This notice is directed at all key stakeholders to:
- Minimise the number of people becoming infected or sick with COVID-19 within the CSOS environment.
- Encourage compliance with existing health measures after the Lockdown measure introduced from 27 March 2020 to 16 April 2020.
- Communicate the method to followed by Community Schemes in the administration of schemes in terms of the CSOS Act, Sectional Titles Schemes Management Act and other related legislations
For FAQ’s on the corona virus outbreak: http://www.health.gov.za/index.php/component/phocadownload/categor y/607
CORONA VIRUS OUTBREAK 24-HOUR HOTLINE NUMBER: 0800 029 999
GOVERNANCE OF COMMUNITY SCHEMES
- Disaster Management Regulations Meeting of Sectional Titles
- Meetings of Home Owners Association & Share Block Companies
DISASTER MANAGEMENT REGULATIONS
• The Disaster Management Regulations provides the following to regulate a gathering
- In order to contain the spread of COVID-19, a gathering is prohibited (Reg 3(1));
- Gathering is defined as any “assembly, concourse or procession of more than 100 persons, wholly or partially in open air or in a building or premises”.
SECTIONAL TITLES SCHEMES
- The provisions of Regulation 11 (5) of the STSMA must be applied for meetings of Trustees until such time the CIVOD-19 is under control and the disaster as declared as been uplifted;
- Regulation 11 (5) of the STSMA allows for meetings to be held telephonically and such method must be applied;
- If the Trustee choose to hold the meeting in person having considered the number, then precautions must be exercised. Trustees must wear mask and gloves and practice social distance as indicate in the COVID-19 recommended measures;
- The requirements relating to the time period for calling for the meeting, quorum and voting remains applicable;
- The limitations only applies to the venue and manner of holding the meetings.
- The owners meeting must through a teleconference or skype
- For owners who are less than the prohibited number (less than 100), they may choose to have a meeting a venue, however precaution must be exercised;
- If the precautions as advised by the Department of Health cannot be exercised, then the meeting must be via teleconference or skype;
- Other requirements relating to the notice period, quorum or voting remains applicable;
- Alternatively, the members can pass the necessary resolution by round robin;
- Members must be aware that they can waive the time limits for calling the meeting.
Special and Annual General Meeting
- With the restriction on holding of gatherings, the schemes must apply the provisions of PMR 17 (2)
- PMR 17 (2), provides that “the body corporate is not obliged to hold an annual general meeting if, before or within one month of the end of a financial year, all members in writing waive the right to the meeting and consent in writing to motions that deal with all the items of business that must be transacted at the annual general meeting; provided that if two or more persons are jointly entitled to exercise a vote, all of them must waive the right to the meeting and consent to the resolutions in writing;
- PMR 17 (9), also provides that, “the body corporate does not have to hold a special general meeting to consider a resolution if all members waive the right to the meeting and consent to the resolution in writing; provided that if two or more persons are jointly entitled to exercise a vote, all of them must waive the right to the meeting and consent to the resolution in writing.
Special and Annual General Meeting CONT…
- If there is matter on the Agenda that must be deliberated on or discussed and cannot resolved in terms of a procedure provided in PMR 17(2) or PMR 17 (9), then the meeting can be held in other means as provided in PMR 17 (10);
- PMR 17 (9), provides that, “a body corporate may make arrangements for attendance at an annual or special general meeting by telephone or any other method…”
- The Agenda for the AGM must still comply with the provisions of PMR 17 (6)(j) and PMR 17 (7)
- The Notice Period for the meeting must also be complied with unless waived by all members;
- For all meetings that will be held telephonically or via skype, the quorum and voting requirements must still be complied with;
HOME OWNERS ASSOCIATION AND SHARE BLOCK COMPANIES
Home Owners Association
- Meetings for the Home Owners Association (HoA) must comply with the requirements of the respective HoAs’ Memorandum of Incorporation for the calling of the meeting and voting;
- The Companies Act, which governs the HoA registered as NCP, provides that the meetings can be conducted entirely by electronic communication;
- Share Block Company
- Share Block Companies must comply with the provision of the founding legislation and the Use Agreement on the requirements for calling the meeting and voting;
- The actual meeting must be held by way of electronic communication.
- Wellbeing of Community Schemes employees Use of Biometric System
- Advisory on 21-Day Country Lockdown period
HEALTH OF EMPLOYEES AND SCHEME MEMBERS
- Community Schemes must ensure the safety of its employees during this pandemic;
- The Community Schemes must provide the employees with the necessary risk mitigation kits, like masks, gloves and sanitizers;
- It must be ensured that, the Security Guards, if employed by a Service Provider, also have the necessary protective kits and sanitizer;
- Sanitizers must also be provided for common areas frequented by members of the body corporate, including recreational clubs and common rooms;
- If the risk mitigation measures cannot be implemented, the common facilities must be closed;
- Safety measures Notices must displayed at schemes entrance and common areas;
- Community schemes must encourage self-quarantine for those infected.
USE OF BIOMETRIC SYSTEM
- The use of the finger scanning system has been identified as one of the biggest health hazards;
- Community schemes must ensure that the area is cleaned frequently if it is not possible to deactivate the system.
21-DAY COUNTRY LOCKDOWN
On 23 March 2020, the President Mr Cyril Ramaphosa, announced that the National Coronavirus Command Council has decided to enforce a nation-wide lockdown for 21 days with effect from midnight on Thursday 26 March 2020 till 16 April 2020;
- The President’s directive instructs everyone to stay at home, unless strictly for the purpose of performing an essential service, obtaining an essential good or service, collecting a social grant or seeking an emergency life saving or chronic medical attention;
- The only exception to the application of the President’s lockdown directive are services
- that are deemed essential services as listed on the Regulations;
- This means that walking in Common Areas, jogging, walking dogs, group playing golf is prohibited as these are not included in the President’s directive and the Disaster Management Act: Regulations to address, prevent and combat the spread of Coronavirus COVID-19: Amendment
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