Marina Martinique Home Owners Association NPC
P O Box 170 Tel: (042) 2920200
JEFFREYS BAY Fax: (042) 2920542
6330 email:
www.marinamartiniquehoa.co.za
Notice to Members of the Marina Martinique Homeowners Association NPC (MMHOA) registration number 1990/007381/08
CALL FOR NOMINATIONS TO SERVE AS DIRECTORS OF THE MARINA MARTINIQUE HOMEOWNERS ASSOCIATION NPC CLOSING DATE Thursday 5th January 2017.
In terms of the Companies Act and the MOI of the Association at least one third of Directors must resign each year but may be available for re-election, except those Directors serving for an uninterrupted period of six years. In our case we have two serving Directors in this category. A third Director must therefore resign voluntarily but will be eligible for re-election.
In future, the Board shall have 6 members and because two further Directors have resigned voluntarily and are NOT available for re-election, there will be three vacancies on the Board which must be filled. Directors are elected for an initial two-year period and the serving Directors not subject to the re-election process are:
- Advocate Marius van Zyl
- Mr. Mike Bosch and,
- Mr. SW van der Merwe
The MOI dictates as follows:
10.1.1 There shall be a board of Directors which shall consist of 6 (Six) people. Of the six, no fewer than five shall be members and no fewer than five shall be resident members. The board may co-opt an additional two board members should the elected board require the services of a director(s) with specific skills essential for the proper management of the affairs of the Association. The Directors shall all be non-executive Directors with the exception of one Director who may be an executive director.
10.1.2 The non-executive Directors shall comply with the independence requirement as defined.
Nomination of Directors
10.1.3 Nomination forms for the election of board members in the prescribed form and format as dictated in addendum one of the MOI shall be sent to all members at least 24 business days before the scheduled date of the AGM.
Nominations of candidates for election to the board, including Directors seeking re-election shall be in writing on the prescribed form and format, enclosed herewith, signed by two members in good standing and be accompanied by the written consent of the candidate nominated and an abbreviated curriculum vitae [CV], containing the candidate’s formal qualifications and experience, so as to be received at the domicilium of the Association not less than 21 business days before the annual general meeting.
The AGM is scheduled for Friday 3 February 2017 and the closing date for nominations will be Thursday 5 January 2017.
Physical Address of the Association where nominations forms must be delivered:
Marina Martinique Homeowners Association NPC,
1110 Dolphin Drive, Marina Martinique, Aston Bay.
The abovementioned offices of the Association will only be open between 08h00 and 16h00.
Nomination forms may also be sent via fax or e mail (electronically signed)
Fax Number: 042-2920 542
E Mail: ;
Auditor Moore Stephens WK Inc. (Registered Auditors of 54 Voortrekker Road, Humansdorp) has been appointed by the Board as the Independent Electoral Body who will oversee and manage the electoral process to elect members to the Board of the MMHOA NPC. The Ballot papers for the election of members to the Board shall be sent to all members by no later than 16 January 2017.
In discussion at Board level we have determined the critical skills that we believe will best serve the needs of the Association and these are:
1. Financial Management/Accounting skills
2. Engineering and/or Construction related skills
3. Facilities Management skills
4. Business Management skills
Nominees must please ensure they are aware of:
1. The Fiduciary Duties of Directors associated with being a Director of a company;
2. Ensure that they understand the rules contained in the MOI (our constitution) as well as the general rules of the Association. These documents are available on our website.
3. The Eligibility Criteria contained in the MOI to be nominated and possibly be elected as Director.
We urge members to seriously consider whom they would like to see as Directors who will serve the best interest of the Association and all members.
Please note:
1. This notice is also available on the Website at: www.marinamartiniquehoa.co.za
2. Ballot papers and the voting process for Directors duly nominated will be sent to members in due course.
Herman Elzerman
Chairman
Marina Martinique Home Owners Association NPC
Enclosed: Sections one to four of Addendum one of the MOI.
Section one:
PRESCRIPTS AND RULES FOR THE NOMINATION AND ELECTION OF DIRECTORS
Rules for completion of the Nomination Form for nominations to fill any vacancy on the Board of Directors, including those Directors seeking re-election, to the Marina Martinique Homeowners Association (MMHOA) NPC
1. Auditor (Moore Stephens WK Inc. Registered Auditors of 54 Voortrekker Road, Humansdorp) has been appointed by the Board as the Independent Electoral Body who will oversee and manage the electoral process to elect members to the Board of the MMHOA NPC
2. All nominations must be submitted to: the registered offices of the Association using only the attached official Nomination Form.
3. Only members in good standing, as defined in the MOI, with the MMHOA NPC may nominate and/or second other members in good standing (“nominees”). The person nominating (“nominator”) and person seconding such nomination (“seconder”) must sign the nomination.
4. The Nomination Form must also be signed by the nominee (the person being nominated to stand for election) indicating his/her acceptance of the nomination to stand for election. The nominee must also complete all relevant questions, submit all required documents and make all the necessary voluntary disclosures as indicated below.
5. The duly completed and signed Nomination Form being sections two, three and four signed by the nominator, the seconder and nominee must be accompanied by an abridged curriculum vitae (cv) of the nominee. The Nomination Form must be completed fully and properly to ensure that the nomination can be considered. Failure to complete the fully completed Nomination Form, or the failure to provide any document requested as part of the nomination process, may render the nomination invalid.
6. The nominee’s curriculum vitae must, at a minimum, include · his/her personal information; · academic qualifications; · employment history; · relevant experience.
7. The duly completed Nomination Form, being sections two, three and four together with the nominee’s curriculum vitae and other required documentation as discussed above, is required to reach the offices of the Association by no later than 16h00 on 30 December 2016
8. The Nomination Form being sections two, three and four together with the abridged cv of the nominee may be submitted either by: · fax at 042-2920 542 · email to or (in PDF format electronically signed) or · physically delivered, either in person or by courier in an envelope clearly marked (NOMINATION: BOARD OF DIRECTORS MMHOA) for the attention of The Manager MMHOA NPC
(Physical Address of the Association
Marina Martinique Homeowners Association,
1110 Dolphin Drive, Marina Martinique, Aston Bay.
The abovementioned offices of the Association will only be open between 08h00 and 16h00.
Section 2:
Nomination form: (to be completed and signed by the nominator who must be a member in good standing and co-signed by a Seconder also being a member in good standing as defined)
I (Full name and surname of Nominator) ………………………………………………………
being a member in good standing by virtue of property ownership directly or indirectly of erf/unit number ( ) do hereby nominate:
Full names and surname (The Nominee):…………………………………………………………………….
Nominator Signature Date
I (full name and surname of Seconder) …………………………………………………………. being a member in good standing by virtue of property ownership of erf/unit (…………..) do hereby second the nomination of:
(Full name and surname of nominee) ………………………………………………………………….
Seconder Signature Date
Section 3:
Declaration and acceptance by nominee
I (full names and surname) …………………………………………………………………………….
ID no: ……………………………………; Erf/Unit Number…………………. being a Member of MMHOA in good standing, as defined hereby declare that:
1. I accept my nomination to stand as a candidate for election to the Board of MMHOA;
2. I do so out of my own free will, without any force or coercion and am fully aware of the obligations that such an office brings;
3. I declare that the information provided in Section 4 is true and correct;
4. I have familiarised myself with the requirements for holding an office of trust and declare that I am fit and proper to do so;
5. I confirm that I am not disqualified under any law or the Rules of the MMHOA (NPC) to hold the office of Director.
Nominee signature ______Date______
Contact details of Nominee:
Telephone number (H):
Telephone number (W):
Cell phone number:
E-mail address:
Postal address:
Residential address:
Residency status:
Section 4:
Voluntary Disclosures (to be completed by the Nominee by deleting the non-applicable answer to the questions below)
1. Have you ever been declared insolvent or have you surrendered your estate for the benefit of creditors? Have you applied for debt counselling or are you under debt review? If yes, please provide details of this. Y : N
2. Have you ever been convicted of a criminal offence in the Republic of South Africa or elsewhere, which may or may not have resulted in a period of imprisonment? If yes, please provide details on the nature of the offence and the date of the conviction. Y : N
3. Are you currently being prosecuted for any criminal offence in the Republic of South Africa or elsewhere? If yes, please provide details on the nature of the offence. Y : N
4. Have you ever been removed by the Court from any office of trust on account of misconduct? If yes, please provide details of this. Y : N
5. Have you ever been disqualified under any law from practicing your profession? If yes, please provide details on the nature and date of the disqualification. Y : N
6. Have you ever been disqualified under any law or the memorandum of incorporation of the MMHOA NPC to hold the office of Director? If yes, please provide details on the nature and date of the disqualification. Y : N
Declaration: I ______(Full names and surname of nominee), declare that the above information is true and correct in all respects.
Nominee signature ______Date______
Management notes:
Eligibility of Nominee confirmed by:
Eligibility of Nominator (In good standing) verified by:
Eligibility of Seconder (In good standing verified by: