When we act as a collective industry, we have much more chance of success.
SUCCESS
During recent times, our industry has intervened in matters where the implications of these going wrong would have had a negative impact on all members of the industry. The success in these matters would not have been possible unless we stood together as an industry specifically in the collective funding of these. It is unfortunate however that only a small percentage of estates were prepared to contribute, even though the benefits of these matters positively impacted on all estates in the Residential Community Industry.
This was evident in the recent SCA judgment between an owner and Mount Edgecombe Estate 2 where we were granted amicus by the courts. Regrettably less than 20 estates contributed to the costs of this and yet this judgment, that was based largely on the evidence presented by amicus, benefited every estate around the country.
STANDING TOGETHER
Two other important matters that were successful based on us standing together was the clearance certificate matter, where, with NAMA, we were amicus in the High Court, and the Income tax practice note from SARS in the matter of charging tax on building penalties, rather than regarding this as the same as normal levies. For copies of these judgments, please e mail info@rccouncil.co.za.
An important reason for the establishment of the Residential Communities Council (RCC) is to facilitate, as an Industry body, the intervention in legal matters as well as influencing legislation affecting the Industry.
The Property Practitioners Act (PPA)
The RCC has obtained an opinion on how the PPA may affect the Residential Community Industry and the HOA. The RCC is also launching an application for a Declarity Order on the issue of charging registration fees as well as the registration of HOA staff with the PPRA. Please email us on info@rccouncil.co.za to access a copy of this opinion.
The Protection of Personal Information Act (POPIA)
The RCC has, together with IACT-Africa negotiated a self help online toolkit for POPIA implementation on your estate. The RCC has also made application to the Regulator to register a Code of Conduct for the for the industry.
RCC Meetings
The RCC AGM will take place via Zoom on 31 October 2024 at 14h00. Should you require any further information please click here
CSOS
The next quarterly CSOS meeting with RCC, ARC and CAISA will take place on 26 July 2024. See minutes under 'Documents'.