Residential Estate Industry Journal | Page 53

made at any meeting of the board properly closed or held in executive session. 19.Transitioning of control from the developer to homeowners The background RCC recognises that successful transition of community or association management from the development phase to the home owner managed phase is the responsibility of both the developer and the home owners. This is best achieved through adequate training and education programmes for home owner’s participants, and through homeowner involvement in association governance as soon as possible. In the life of every community association, there is a time at which the control of the association is transferred by the developer to the owners who are represented by a board of directors comprising volunteer owners from the community. At the outset, the developer ideally establishes the association entity and initiates association operations, including the preparation of an accurate operating budget and the provision of an adequate reserve funding scheme, inclusive of accurate future projections, together with a full and comprehensive report of all community assets requiring maintenance, upgrading and eventual replacing. This is often not done properly, leaving the owners to establish the association, its operations and its funding sources through raising adequate levies, or to knock a poorly established, poorly managed, and underfunded entity into shape, often with inadequate or non-existent records on estate infrastructure and common assets. The developer also ideally provides interim governance to the community until the stipulated or voluntary trigger condition is met for the developer to hand over full control to the association members. Eventually, the association will be fully transferred to the owners who will thereafter control the association and take full responsibility for continued governance, administration and maintenance of common elements. A successful and productive transition is one in which the collective interests of the developer and the owners are served to ensure completion of the development and sales process by the developer, while ensuring that the association functions effectively. The policy RCC supports developers who take a responsible attitude to, and make proper provision for, a properly established and appropriately structured and registered community association, with a complete set of records detailing the extent and nature of all community assets, each with a base establishment cost and correctly estimated maintenance, projected upgrade and replacement costs according to a properly established schedule. RCC supports developers who properly establish association operations and management systems to ensure that the association takes care of all core functions through a properly staffed, housed and funded administration team. RCC supports developers and communities which cooperate to establish a properly constituted board of directors giving property owners an increasing role in community management as the handover of control from the developer to the home owners approaches. RCC opposes any unqualified veto rights given to a developer, either during the period of cooperative management leading up to the transition, or after the transition until the point that the developer has sold all properties in the development and is no longer a member of the community. RCC recognises that a successful transition is the responsibility of both the developer and the owner-controlled Board, which itself is charged in terms of the Companies Act with the fiduciary duty to investigate and assess both the finances and the physical development of the property, after the developer has transferred title to the real property as well as association control. A successful transition can be accomplished through: 1.Providing professional and recognised educational programmes for homeowners. 2.Utilising the right professionals for conducting reserve studies, transition audits and analysis of the Public Offering Statement and governing documents during the transition process. 3.Managing with transparency and consistent communication with owners. 4.Maintaining the association as a legal entity with its own separate records, funds and operations. RCC supports developers who use the services of an independent professional to prepare the budget or, at a minimum, review and offer recommendations for changes to the budget to help ensure accuracy, affordability and sufficiency. The independent professional should have no financial involvement with the developer and should have prior community association budgeting experience. Additionally, the professional should rely upon his or her 53