Herewith an extract of the 103 HOA Articles of Association for your info as discussed earlier today.
8 DIRECTORS (Appointment, rotation and removal of) 8.1 There shall be a Board of Directors of the Association which shall consist of a maximum of 7 (seven) members. 8.2 A Director shall be an individual and must either be the owner - or the duly recognised partner of such owner - of a private erf. However, if the erf is owned by a trust or by a close corporation or by a company, then representation shall be by a trustee or beneficiary of such trust, by a member of such close corporation or by a shareholder of such company. A Director, by accepting his appointment to office as such, shall be deemed to have agreed to be bound by all the provisions of these presents. 8.3 Save as set forth in Article 8.6 below, each Director shall continue to hold office from the date of his appointment to office until the conclusion of the Annual General Meeting next following his appointment. At such Annual General Meeting each Director shall be deemed to have retired from office as such, but will be eligible for re-election to the Board of Directors at the meeting. 8.4 Prior to an Annual General Meeting and should they so desire, at the AGM, members have the right to nominate new Directors. Nomination forms will be provided and will have space to reflect the name and signature of the proposer and the seconder as well as the full names and acceptance signature of the nominee. The proposer, seconder and nominee must, in all respects, comply with Articles 3.2, 3.3 and 8.2 of these presents.
8.5 If, at the Annual General Meeting, the number of nominees together with the previous directors who have made themselves available for re-election exceeds seven, then a secret ballot must be held to elect seven directors. Should the number of candidates be less than seven, then those candidates available for election automatically become Directors and they shall be entitled to appoint, as Directors, the requisite number of members to achieve the stipulated total.
8.6 A Director shall be deemed to have vacated his office as such upon: i) cessation of membership (i.e. sale of the Unit by which such director qualified) ii) his/her estate being sequestrated, whether provisionally or finally, or his surrendering of his/her estate iii) his/her making any arrangement or composition with his creditor(s) iv) his/her conviction for any offences involving dishonesty
v) his/her becoming of unsound mind or being declared lunatic vi) his/her resigning from such Office, in writing, delivered to the Secretary vii) his/her death viii) his/her being removed from Office as provided for in Section 220 of the Companies Act ix) in the event that he/she is the duly recognized spouse or partner of a member, on divorce or separation from or sequestration of or death of such member 8.7 Provided that anything done in the capacity of a Director in good faith, by a person who ceases to be a Director, shall cease to be valid from: i) the date upon which his written resignation is received by the Secretary of the Association i) the date upon which he was removed from office 8.8 Upon any vacancy occurring on the Board of Directors prior to the next Annual General Meeting, the vacancy in question shall be filled by a person nominated, from amongst the members or their recognised partners, by those remaining for the time being of the Board of Directors. Should such nominee decline his/her appointment to the Board, then the Boardshall continue to function, in all respects, with the remaining directors until such time as the vacancy is filled.