The Residential Communities Council (RCC)

Estates in the residential community industry and all ARC members will have heard by now that we have established the Residential Communities Council (RCC), which has been successfully registered with CIPC as a non-profit company (NPC) that will pursue the objectives as defined in the MOI.

Essentially, the RCC will focus on the following broad roles where the industry as a collective has already been successful:

1. Review all existing and new legislation impacting on the industry and, as an industry, comment on and influence these by making representation to government. An example of this is the tax on building penalties practice note that we were successful in changing to ensure that these are treated in the same way as normal levies.
2. Receive and assist the courts with all legal matters for which the outcome will potentially impact the industry at large. An example of this is the MECCEMA TWO speeding matter in which, as amicus, we were successful in contributing to the SCA decision to award in favour of the estate in question.

The RCC does not in any way replace the Association of Residential Communities (ARC), and ARC will remain the body that provides residential community services as laid out in the member prospectus. ARC will also manage the operations and administration of the RCC, and will serve on the board together with elected directors representing residential estates across the country.

To ensure continued success in its principal purpose and objectives, it is imperative that an industry structure (NPC) is the body best equipped to deal with such matters. All funds generated for the operation of the RCC and any costs (legal and other) related to the principal purpose and objectives are controlled by the directors of the RCC. To ensure regional representation, regional working committees (RWC) have been established across all provinces of the country, and it is through the RWC in each region that directors will be elected to serve. The MOI is on the ARC portal available for download.

The founding incorporators of the RCC are:

• Hannes Hendriks – Chairperson Steve van Greunen – Gauteng
• Stephan Vorster – Gauteng
• Henk Booysen – Gauteng
• Trevor Payne – Gauteng
• Denise Sharp – North West, Northern Cape and CAISA
• Malcolm Samuel – KZN and Free State
• Liezl Clause – Southern and Eastern Cape
• Dirk Uys – Western Cape
• Boet Grobler – Western Cape
• Andre Coleske – Mpumalanga and Limpopo
• Jeff Gilmour – Association of Residential Communities (ARC)

ARC has agreed to increase its fees by a small percentage to generate funds for the operation of the RCC, and trusts that all members will participate. It may also become necessary to request further funding (as we have done in the past) for legal matters as these emerge. These funds will be managed by the board of the RCC.
It is really important that all members contribute to the RCC to avoid (as in the MECCEMA TWO matter) the situation in which only a small number of estates contribute, but the whole industry benefits.

The RCC is committed to transparent governance, and will hold its inaugural AGM at the Annual ARC conference where it will also report back.

For more information, please email jeff@hoasupport.co.za or call Jeff on 083 444 4176.