Assessment Area

Governance and Oversight Assessment

Last Assessed:

2nd Feb 2022 at 10:24 am

Responsible Party:
Detailed Assessment - Governance and Oversight

Detailed Assessment - Governance and Oversight

Is the Community Scheme a going concern at all times? *
Have background checks been undertaken to establish if all trustees/directors or office bearers are fit and proper for office/purpose and should not be disqualified e.g. due to sequestration or criminal record/prosecution? *
Do the Trustees/Directors/Estate Management/Office Bearers have the required understanding of the Community Scheme, its assets, obligations, revenue, expenses, management dynamics and the prevailing regulatory environment? *
Do the Trustees/Directors/Office Bearers have the required experience and skill set for their roles and are they fit for purpose? *
Are the Trustees/Directors fully committed too, and are they spending the required and necessary time on the operational and business affairs of the Community Scheme to ensure timeous and conscientious handling of issues? *
Do the Trustees/Directors act in the best interests of the Community Scheme, in good faith, without bias, not in their personal interest, not negligently or outside their powers at all times? *
Are Trustees/Directors/Estate Management - their employees and staff/Developers/Operators/ and Managing Agents are required to provide regular written/disclose any financial interest or potential conflicts of interest in arrangements, contracts or supply agreements involving the Community Scheme? *
Does the Trustee/Directors body have a representative demographic mix -age/sex/race? *
How stable and committed is the Trustee/Director/Estate Management/Office Bearer body? *
Does the Community Scheme have a clear formal constitution where required and which is strictly enforced and adhered to? *
Is there a turnover/change/rotation in the Trustee/Director body as recommended in the Companies Act and/or prevailing regulations/the prevailing constitution/best practice? *
Is there a focus on ensuring continuity in the Community Scheme in respect of Trustees/Directors, levies, financial accounts, communication, AGM's, rules, day to day administration and operations? *
Was a chairperson of the Community Scheme formally elected at the meeting of the Trustees? *
Have you established the potential liability of Trustees and/or Directors? *
Have the Directors/Trustees put the required indemnity insurance in place for possible conduct and omission on their part? *
Are Trustee/Directors meetings being held with at least two Trustees/Directors being present? *
Who is providing the secretarial services to the Community Scheme and are these professional and procedurally correct? *
Does the Community Scheme have an environmental policy and conservation focus e.g. use of indigenous plants, removal of alien species, care of fauna and flora, protection of natural areas, habitat protection, wetland preservation, water-wise focus etc *
How well and effectively do the Trustees/Directors/Estate Management and/or Managing Agents/Developers/Operators and/or third parties communicate with the Community Scheme members? *
Do owners, lessees, shareholders, tenants largely comply with, accept and live with the house/conduct rules and regulations e.g. safety protocols, movement restrictions, fire drills, speeding controls, noise levels, use of private generators, overcrowding, washing restrictions, use of balconies, water usage, visitor restrictions, safety and security measures, social behaviour, disaster management restrictions, servant restrictions, access controls, alteration approvals, colour/aesthetic conformity, pet restrictions/limitations, illicit activities, parking restrictions, payment of fines etc? *
Does the Community Scheme have a formalised internal dispute resolution structure and process in place to deal with owner/tenant/neighbour problems, conflicts and disputes? *
Do the Trustees/Directors/Managing Agents/Estate Management of the Community Scheme use legal and other laid down required processes/procedures to ensure compliance with conduct rules and/or required approvals e.g. follow CSOS processes where required, laying of criminal charges where applicable, use disciplinary measures such as formal warnings followed by fines, imposition of fines to owners of transgressing tenants, enforcement of expulsion of transgressing tenants, clamping of wheels, or make use other measures to punish undesirable behaviour or enforce the desired behaviour of owners/tenants/lessees/residents/visitors? *
Do owners/shareholders/lessees get the required approval and consent from the Trustees/Directors/Estate Management before undertaking any building operations or the undertaking of alterations or improvements to their properties/units e.g. kitchen and bathroom revamps, external doors/windows, aircon units, gas installations, deployment of generators/solar panels or drilling of boreholes/deploying water tanks, and do these have the required compliance certificates, comply with standards and processes? *
Are the Trustees/Directors/Estate Management consistent and transparent in their approval and ruling processes and do they personally adhere to rules and decision-making processes and not pursue private agendas? *
Do the Trustees/Directors/Managing Agents control the practices or activities which are undertaken from/in the common property or from units or dwellings in the Community Scheme e.g. sporting/recreational activities, trading, the conducting of active commercial business, Air bnb, short term rentals, illicit activities, clubs, day care etc.? *
Are the conduct/house rules, approval processes and/or constitution reviewed on a regular basis to ensure they are enforceable, current, relevant and that they comply and align with current regulations and legislation? *
Do the Trustees/Directors/Estate Management/Managing Agents/Developer/Operators resolve owner/member/lessee issues and those facing the Community Scheme diligently, quickly, transparently, fairly and objectively? *
Before the Trustees/Directors/Estate Management/Developers/Operators enter into any projects, contracts or supply/service agreements do they assess the potential impact on the Community Scheme e.g. funding and resourcing requirements, budget availability, ability to support and maintain, risks involved, the ability of service providers to perform as required, cash flow implications, impact on levies? *
Does the Community Scheme hold strategic assets or have alternate or potential income sources e.g. surplus common area land, unsold garage units/parking bays, communal storage areas, short term lettable accommodation, rentable/leasable parking, frail care units, under-utilised communal facilities like bars/kitchens/sport facilities, recyclable materials, desalination plant, power generation or water/energy resources that could be realised/monetised if needed? *
Do the Directors/Trustees/Estate Management of the Community Scheme review or consider possible alternative sources of revenue or income or alternative billing models to ensure sustainability? *
Are there rules governing the right to sell properties in the Community Scheme e.g. subject to qualifying criteria, subject to approval of trustees/directors, subject to operators having first option, subject to conditions of purchase etc? *
Do the title deeds of properties in the Cluster and/or Home-Owners Association include conditions that owners must seek the consent of the Trustees/Directors before selling? *
Are there limitations around the operations of letting and estate agents in the Community Scheme? *
Do letting/rental agents comply with the protocols, disciplines and processes set down by the Trustees/Directors/Managing Agents/Community Scheme as it relates to the disciplining of tenants, compliance by tenants with conduct rules, maintenance/repair reporting, insurance claims, damage to common property, sub letting, provision of tenant details, provision of lease/rental agreements, communication with tenants etc? *
Does the Community Scheme/Managing Agent/Estate Management/ Developer/ Operator terminate or reduce the provision of any service (i.e. water, electricity or gas) to defaulting owners/tenants of units or sections in contravention of the prevailing law? *
To what extent would the Community Scheme be impacted by a major deterioration in the socio-economic environment e.g. levy collections, level of bad debts, rentability of units, use of facilities, sale of units, cash resources, balance sheet, ability to maintain the assets of the complex/property? *