Is the Community Scheme fully compliant with other legislation and/or regulations that may be applicable e.g. occupational health and safety, tax, labour relations, basic conditions of employment, environmental, disaster management, promotion of access to information (PAIA), protection of personal information (POPI)? *

Is the Community Scheme/Developer/Operator complying with the required environmental standards and controls with regard to emissions, air and water pollution, recycling, water and power usage, treatment or removal of waste or hazardous materials, dumping of waste materials? *

Is the Community Scheme ensuring the protection and confidentiality of all personal information obtained from owners, tenants and visitors to the scheme property (Protection of Personal Information) Popi regulations? *

Has the Community Scheme appointed an Information Officer as required in terms of Protection of Personal Information (Popi) regulations i.e. to encourage and ensure compliance with the conditions for the lawful processing of personal information and to deal with requests made under the POPI Act.? *

Has the Community Scheme produced and lodged with the required authorities (Information Regulator/South African Human Rights Commission) the required manuals for the Protection of Personal Information (POPI) and the Promotion of Access to Information (PAIA) and have the required fees been paid? *

Are documents and contracts being stored/retained for the required periods in terms of regulatory requirements by the Trustees/Directors/Managing Agents/Developers/Operators? *

Are you aware of the terms and conditions of all contracts and agreements signed on behalf of the Community Scheme, and are the Trustees/Directors aware of any contracts, undertakings or agreements in place which could have a detrimental or material impact on the Community Scheme? *

Are the contracts and agreements of the Community Scheme regularly reviewed to ensure that the terms and conditions are still applicable, that they do not conflict with regulatory requirements and that the Community Scheme is not exposed to additional or new risks or aspects which are not contained in the existing agreements? *

Has the Community Scheme been registered for tax and has a Public Officer been appointed? *

Where debt has been availed of by the Community Scheme, has this received the required approval of owners/lessees or shareholders in a Special General Meeting and has the Community Scheme and/or the lender complied with the prevailing rules of the Community Scheme and regulatory requirements e.g. Sectional Title Schemes Management Act/ Community Schemes Services Ombud Act and the National Credit Act? *

Are the Managing Agents involved in selling and leasing of properties and as such registered as Estate Agents with the Estate Agency Affairs Board in terms of the Estate Agency Affairs Act and members of the Property Practitioners Association in terms of Property Practitioners Act (PPA)? *

Are the Managing Agents registered as Estate Agents in terms of the Estate Agency Affairs Act/Property Practitioners Act? *

Are Trust Accounts conducted as prescribed by the act, audited annually and are fidelity certificates valid and current or is the appropriate Directors and Officers cover held? *

Are the Managing Agents registered as Debt Collectors in terms of the Debt Collectors Act? *

Albeit that Managing Agents are unregulated, are the Managing Agents/Developers/Operators of The Community Scheme members of The National Association of Managing Agents (NAMA) and/or the Real Estate Business Owners of South Africa (Rebosa)? *

Has the Community Scheme filed its audited financials along with form CS2 annual return to the Ombud’s (CSOS) offices together with the budget for the following year? *

Is the Insurance disclosure being made in terms of the Sectional Title Schemes Management (STSM) Act in the Financial Accounts i.e. type of insurance held, premiums, valuations, claims settled, excesses applicable to owners/lessees or the Community Scheme? *

Has the Community Scheme updated the details of Trustees/Directors with the respective regulatory/registration bodies e.g. CIPC, Community Schemes Ombud? *

Are the elected Trustees, correctly nominated 48 hours before the AGM and were they formally elected at the AGM? *

Are the required quorums being obtained at AGM's/SGM's i.e. for body corporates that have less than 4 primary sections or members (only 3 or fewer primary sections or members), two thirds of the total value of votes must be present or represented; and for any other schemes, one third of the voting values being required? *

Is the counting of votes and proxies, the establishment of quorums for the passing of resolutions at AGM's/SGM's procedurally correct and in line with the prevailing legislation/regulations? *

Are local bye laws being complied with by owners/shareholders/tenants/lessees/users e.g. over-crowding, noise, fire restrictions, cruelty to animals? *

Has the domicilium address of the Community Scheme been furnished to the local municipality and local registrar of deeds? *

Is a separate bank account being conducted/maintained for the reserves as required in terms of the applicable acts? *

Where the Community Scheme trades does it hold the required trading/business and/or liquor licences? *

Does the Community Scheme hold the required Certificates of Compliance (COC's) from accredited service providers in respect of electrical fencing, gate motors, lighting, CCTV, fire equipment (hoses/reels/hydrants/smoke sensors) etc. and/or gas where applicable? *