South Africa: Board committees in property associations – the legal side of social, ethics committees

The duties of directors of property development-related associations have at times been an uncertain area of law – one could argue that many associations have seen themselves as somewhat “special” and “separate” from the Companies Act. In many instances believing that only the Memorandum of Incorporation (MOI) is applicable, often forgetting that contract law, being the contractual agreement between owner and association by means of the MOI, cannot overrule the legislative requirements of the Companies Act or other overarching legislation and court precedent.    Read the article……………………………..