SCHOONGEZIGT HOMEOWNERS ASSOCIATION
CONSTITUTION
1.
INTERPRETATION
1.1
The following words shall, unless the context otherwise requires, have the following
meanings
"association" means the SCHOONGEZIGT HOMEOWNERS ASSOCIATION;
"business day"
means every day except Saturdays, Sundays or public
holidays;
"Schoongezigt"
means the towns of Cashan 7, Cashan 8 and future
extensions in the town situated on a portion of the remainder
of the farm Waterkloof Rustenburg;
"committee"
means the committee of the ASSOCIATION as contemplated
in paragraph 12;
"the chairman"
means the chairman of the committee;
"town"
has the same meaning as the word "township";
"the secretary"
means the secretary of the committee;
"member"
1.2.
means a member of the ASSOCIATION.
Unless the context indicates to the contrary-
1.2.1
words importing the singular number shall include the plural number and
vice versa.
1.2.2
words importing the masculine gender shall include the feminine gender.
Schoongezigt constitution – revised September 2012
1.3
2
The headings of the clauses in this constitution are for reference purposes only and
shall not be taken into account in construing the contents of the clauses to which they
relate.
1.4 In this Constitution 1.4.1
clause headings and the heading of the Constitution are for convenience
only and are not to be used in its interpretation;
1.4.2
an expression which denotes 1.4.2.1 any gender includes the other genders;
1.4.2.2 a natural person includes a juristic person and vice versa;
1.4.2.3 the singular includes the plural and vice versa; and
1.4.2.4 a Party includes a reference to that Party’s successors in title and
assigns allowed at law.
1.5 Any reference in this Constitution to –
1.5.1
"business hours" shall be construed as being the hours between 08h30
and 17h00 on any business day and 08H30 and 13h000 on a Saturday.
Any reference to time shall be based upon South African Standard Time;
1.5.2
"days" shall be construed as calendar days unless qualified by the word
"business", in which instance a "business day" will be any day other than a
Saturday, Sunday or public holiday as gazetted by the government of the
Republic of South Africa from time to time;
1.5.3
"law" means any law of general application and includes the common law
and any statute, constitution, decree, treaty, regulation, directive,
ordinance, by-law, order or any other enactment of legislative measure of
government (including local and provincial government) statutory or
regulatory body which has the force of law;
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1.5.4
3
"person" means any person, company, close corporation, trust,
partnership or other entity whether or not having separate legal
personality; and
1.5.5
"writing" means legible writing and in English and excludes any form of
electronic communication contemplated in the Electronic
Communications and Transactions Act, No 25 of 2002.
1.6 The words "include" and "including" mean "include without limitation" and
"including without limitation". The use of the words "include" and "including"
followed by a specific example or examples shall not be construed as limiting the
meaning of the general wording preceding it.
1.7 The words "shall" and "will" and "must" used in the context of any obligation or
restriction imposed on a Party have the same meaning.
1.8 Any substantive provision, conferring rights or imposing obligations on a Party and
appearing in any of the definitions in this clause Error! Reference source not found.
or elsewhere in this Constitution, shall be given effect to as if it were a substantive
provision in the body of the Constitution.
1.9 Words and expressions defined in any clause shall, unless the application of any such
word or expression is specifically limited to that clause, bear the meaning assigned
to such word or expression throughout this Constitution.
1.10 Unless otherwise provided, defined terms appearing in this Constitution in title case
shall be given their meaning as defined, while the same terms appearing in lower
case shall be interpreted in accordance with their plain English meaning.
1.11 A reference to any statutory enactment shall be construed as a reference to that
enactment as at the Signature Date and as amended or substituted from time to
time.
1.12 Unless specifically otherwise provided, any number of days prescribed shall be
determined by excluding the first and including the last day or, where the last day
falls on a day that is not a business day, the next succeeding business day.
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1.13 If the due date for performance of any obligation in terms of this Constitution is a
day which is not a business day then (unless otherwise stipulated) the due date for
performance of the relevant obligation shall be the immediately preceding business
day.
1.14 Where figures are referred to in numerals and in words, and there is any conflict
between the two, the words shall prevail, unless the context indicates a contrary
intention.
1.15 The rule of construction that this Constitution shall be interpreted against the Party
responsible for the drafting of this Constitution, shall not apply.
1.16 The expiration or termination of this Constitution shall not affect such of the
provisions of this Constitution as expressly provide that they will operate after any
such expiration or termination or which of necessity must continue to have effect
after such expiration or termination, notwithstanding that the clauses themselves do
not expressly provide for this.
1.17 No provision of this Constitution shall (unless otherwise stipulated) constitute a
stipulation for the benefit of any person (stipulatio alteri) who is not a resident or an
owner in the estate;
1.18 The use of any expression in this Constitution covering a process available under
South African law, such as winding-up, shall, if either of the Parties to this
Constitution is subject to the law of any other jurisdiction, be construed as including
any equivalent or analogous proceedings under the law of such other jurisdiction.
1.19 Any reference in this Constitution to "this Constitution" or any other agreement or
document shall be construed as a reference to this Constitution or, as the case may
be, such other agreement or document, as amended, varied, novated or
supplemented from time to time.
1.20 In this Constitution the words "clause" or "clauses" and "annexure" or "annexures"
refer to clauses of and annexures to this Constitution.
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2.
NAME
The name of the ASSOCIATION shall be THE SCHOONGEZIGT HOMEOWNERS
ASSOCIATION. and the Afrikaans version of the name shall be DIE SCHOONGEZIGT
HUISEIENAARSVERENIGING.
3.
OBJECTIVES
The objects of the HOME OWNERS ASSOCIATION shall be:
3.1
to promote, enforce and protect the communal interests of the members of the
ASSOCIATION;
3.2
to liaise and negotiate with the local authority or other statutory bodies concerning
the interests of its members and of the township;
3.3
to promote and encourage the preservation and maintenance of the exquisite
ambience and environment of SCHOONGEZIGT and to minimize disturbance
thereof and damage thereto;
3.4
to
monitor
the
subdivision
of
properties
and
property development
in
SCHOONGEZIGT and neighbouring areas in order to
3.4.1
ensure compliance with the provisions of the respective deeds of sale in
terms of which owners acquired erven in the estate;
3.4.2
ensure compliance with all applicable zoning, building, and other
legislation, regulations and ordinances,
3.4.3
ensure compliance with all title deed conditions,
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3.4.4
minimize the disturbance of and damage to the environment and to the
neighbouring community;
3.5
to promote the security and safety of members and to administer general security
measures in SCHOONGEZIGT which may include
3.5.1
regular security patrol of the streets in SCHOONGEZIGT
3.5.2
the erection of a security enclosure;
3.5.3
the
implementation
of
security
measures
in
and
around
SCHOONGEZIGT;
3.5.4
the establishment of an access control system, and
3.5.5
the nomination of one or more security companies to be utilised by all
members;
3.6
to purchase, rent, own, lease or otherwise exercise control over parks and open
spaces in and adjacent to SCHOONGEZIGT.
4
LEGAL STATUS
4.1
The association shall consist of a section 21 Private Company without shareholding,
incorporated in terms of the laws of the republic of South Africa.
4.2
The ASSOCIATION shall be a distinct and separate legal entity and body corporate
with the powers contemplated in paragraph 5 and with the capacity to acquire rights
and obligations and it shall have perpetual succession notwithstanding changes in its
membership.
4.3
All actions or suits, proceedings at law or any arbitration shall be brought by or
against the ASSOCIATION in the name of the ASSOCIATION and the COMMITTEE
may authorise any person to act on behalf of the ASSOCIATION and to take all such
steps that may be necessary in connection with any such proceedings.
5
CAPACITY AND POWERS OF THE ASSOCIATION
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To enable it to achieve its objectives the Association and its committee shall have the
following capacity and powers:
5.1 the capacity and powers of a natural person of full capacity except only for those
powers expressly or impliedly excluded by this constitution or by the ASSOCIATION'S
legal status as a common law juristic person;
5.2 the capacity and power to impose and enforce rules to give effect to the objects of the
association;
5.3 to impose levies on members.
6
ASSOCIATION NOT FOR GAIN
6.1
The ASSOCIATION is not formed and does not exist for the purpose of carrying on
any business that has as object the acquisition of gain by the ASSOCIATION or any
individual member.
6.2
The income and assets of the Association shall be applied solely for the promotion of
the objects for which it is established.
6.3
No part of the income or assets of the ASSOCIATION shall be paid, directly or
indirectly, by way of donation or otherwise, to any person, save as provided for in
this constitution.
6.4
Notwithstanding the provisions of paragraph 6.3, the ASSOCIATION shall always
be entitled to compensate a member of the ASSOCIATION for services actually
rendered to the ASSOCIATION or for expenses incurred on behalf of the
ASSOCIATION.
7
MEMBERSHIP
7.1
Membership of the association is restricted to the following persons:
7.1.1
a registered owner of a property in SCHOONGEZIGT;
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7.1.2
8
a person who is in the process of acquiring ownership of a property in
SCHOONGEZIGT in respect of which a deed of sale for the acquisition of a
property has been duly signed by him and the seller of the property, and
in terms of which all suspensive conditions have been met or waived.
7.2
To become a member of the association the following procedure shall be followed:
7.2.1
An application form in accordance with the pro forma form annexed hereto
as ANNEXURE A shall be duly completed and submitted to the COMMITTEE
with a crossed cheque for payment of the membership fee for one month.
7.2.2
The Committee shall consider the application and if it is approved, shall
notify the applicant and furnish him with a copy of the constitution.
7.3
When a member ceases to be the registered owner of a property in
SCHOONGEZIGT, he shall ipso facto cease to be a member of the Association.
7.4
A member whose application for membership has been accepted shall be bound by
the constitution and rules of the ASSOCIATION which are then in force or which may
subsequently be altered or amended or in force at any time. No person shall be
absolved from the effect and application of the constitution and rules of the
ASSOCIATION by reason of the fact that he did not receive a copy thereof.
8
LIABILITY OF MEMBERS
The liability of members is limited to the amount of unpaid subscriptions or other moneys
owing by them to the ASSOCIATION as may from time to time be determined by the
COMMITTEE.
9
MEMBERSHIP FEES
9.1
During the first meeting aof members and at each annual general meeting held
thereafter, the annual membership fees, expressed to be a levy, payable during
the ensuing financial year shall be determined by the members of the
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9
ASSOCIATION.
9.2
All membership fees shall become due on the 1st day of the month following the
date of registration of property in the town in the name of that member and shall
be payable on or before the same day of each and every consecutive month
thereafter for as long as the member remains a member of the association.
9.3
The following special provisions in respect of unsold stands in the develpoment
shall apply to the developer, Burrie Smit Developers (Pty):
9.3.1
For all unsold residential stands the developer shall be required to pay a
membership fee, restricted to the fee for one residential stand.
9.3.2
For the remainder of the farm no membership fee is payable
9.3.3
For the property belonging to Pilanesberg Investments no membership
fee is payable
9.3.4
For any unsold business-, residential 2- and residential 3 stand in the
development the developer shall pay membership fees for each and
every such stand on the basis that one membership fee is payable in
respect of each stand.
9.3.5
No membership fees are payable in respect of open spaces, erven
required for municipal services, the entrance gate and the roads.
9.4
Should any member fail to pay the membership fees before the due date he shall
not be entitled to vote at any general meeting of the ASSOCIATION.
10
RESIGNATIONS
A member may not resign his membership.
11
MANAGEMENT OF THE AFFAIRS OF THE ASSOCIATION
The management and the control of the affairs of the ASSOCIATION shall vest in the
committee which shall have full power and authority to do any act, matter or thing which
could or might be done by the ASSOCIATION excepting such matters as are in this
CONSTITUTION especially reserved to be dealt with at a general meeting of members.
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11.1
10
In addition to the general powers and authorities hereby conferred upon the
committee and, without in any way limiting such powers and authorities, the
committee shall have the following further special powers
11.1.1
To make and give receipts, releases and other discharges, for monies
payable to the ASSOCIATION and such receipts shall be signed by any
member of the committee duly authorised thereto.
11.1.2 To open and operate a banking account in the name of the
ASSOCIATION, to draw cheques and to effect electronic payments and
transfers from such banking account provided, however, that the
committee shall not be entitled to arrange any overdraft facility in
respect of such banking account without the approval of members
given at general meeting.
11.1.3 To appoint such agents and contractors as they may deem necessary
on such terms and conditions as they may deem fit.
11.1.4 To institute, conduct, defend, compound or abandon any legal
proceedings by and against the ASSOCIATION, or its officers, or
otherwise concerning the affairs of the ASSOCIATION.
11.1.5 To delegate to any person, sub-committee or sub-committees all or any
of the authorities conferred on the committee in terms of this
constitution and such sub-committee shall have such powers as may be
conferred upon it at the time of its appointment by the committee and
shall be subject to such rules or instructions as may from time to time
be imposed by the committee.
12
THE COMMITTEE
12.1
The committee shall consist of
12.1.1 A chairman
12.1.2 A vice-chairman
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12.1.3 A secretary
12.1.4 Treasurer
12.1.5 At least two additional members
12.2
Should any office become vacant, the committee may co-opt another member to
serve in the vacant post and for all intents and purposes such co-opted member
shall be deemed to have been elected to such office.
12.3
Each member of the committee shall hold office for the period terminating at the
end of the annual general meeting of the ASSOCIATION following upon the
annual general meeting during which he was elected. Upon the expiry of such
period such a member shall automatically retire from office but shall be eligible
for nomination and re-election as a member of the committee.
13
NOMINATION AND ELECTION OF THE COMMITTEE
13.1
Nominations for the office of a member of the committee shall be
13.1.1
made in writing;
13.1.2
signed by a proposer and seconder;
13.1.3
signed by the nominee signifying his willingness to accept such office if
elected;
13.1.4
lodged with the secretary at least one day prior to the date fixed for the
holding of the annual general meeting of the ASSOCIATION during
which elections shall take place.
13.2
annually at the annual general meeting.
13.3
Voting for the election of members of the committee shall be by way of ballot by
those members present who are entitled to vote in terms of this constitution.
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14
TERMINATION OF OFFICE OF COMMITTEE MEMBERS
Any member of the committee shall, by absenting himself without leave of the committee
for more than two consecutive meetings of which due notice has been given, cease to be a
member of the committee.
15
MEETINGS OF THE COMMITTEE
15.1
The committee shall meet at least once during each period of three months.
15.2
Twenty one days notice shall be given of all meetings of the committee unless all
members of the committee agree to accept shorter notice.
15.3
Notice of a meeting of the committee shall be given telephonically or by way of a
written notice addressed to a member of the committee at such postal address or
e-mail address or fax number as which he may have furnished to the secretary.
15.4
The quorum for a meeting of the committee shall be four (4) members present at
the commencement of and throughout the meeting.
Any decision of the
committee shall be by majority vote by show of hands of those present. Each
person entitled to be present and to vote shall have one vote. No voting by
proxy shall be permitted.
15.5
The committee shall convene a special meeting of the committee on the
instructions of the chairman or upon the written request of at least three
members of the committee. The notice calling such meeting shall set forth the
objects thereof and no other business may be transacted at such special meeting
of the committee.
15.6
The chair at all meetings of the committee shall be taken by the chairman or in his
absence by the vice-chairman. Should none of them be present, the chair shall be
taken by any member of the committee approved by the committee.
15.7
The committee shall cause minutes to be kept of all resolutions and all proceedings
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taken at any meeting.
15.8
The minutes of the committee shall be open for inspection by any member of the
ASSOCIATION.
15.9
A resolution in writing which is signed by all members of the committee and
inserted in the minute book of the committee shall be as valid and effective as if
passed at a meeting of the committee.
Any such resolution shall be deemed
(unless the contrary appears from that resolution) to have been passed on the
date on which it was signed by the last member of the committee entitled to sign
it.
15.10
The proceedings of the committee shall be valid notwithstanding any temporary
vacancy in the committee.
16
SUB-COMMITTEES
16.1
The Committee shall be obliged to appoint an aesthetic sub-committee, who shall
be entrusted with the enforcement of the architectural guidelines and the
environmental rules. The members of this subcommittee shall include an architect
registered with the relevant official board as well as a member nominated by Burrie
Smit Developers (Pty) Ltd.
16.2
The committee may appoint such additional sub-committees as it may deem fit.
16.3
Any additional sub-committee shall consist of members of the committee or of
members of the ASSOCIATION or of members of the committee and members of
the ASSOCIATION.
16.4
The committee may designate one of the members of a sub-committee appointed
by it as chairman of that sub-committee and, if no such designation is made, the
members of that sub-committee may elect a chairman from among their members.
16.5
The committee may assign to a sub-committee such of its powers as it may deem
fit but shall not be divested of any power which it may have assigned to a subcommittee.
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14
ANNUAL GENERAL MEETINGS
17.1
The annual general meeting of members of the ASSOCIATION shall be held during
April of every year at such time and place as the committee may determine.
17.2
Written notice of the annual general meeting shall be given to each member of the
ASSOCIATION at least fourteen (14) days before the date fixed for the holding of
such meeting.
17.3
The notice contemplated in paragraph 17.2 shall specify
17.3.1 the date, time and place for the holding of the annual general meeting;
17.3.2 the ordinary business to be transacted at such annual general meeting;
17.3.3 any resolutions to be moved by the committee or any member at such
annual general meeting.
17.4
Notice of an annual general meeting shall be given to members in accordance with
the provisions of paragraphs 26.1, 26.2 and 26.5 of this constitution.
17.5
The omission to send any such notice to any member shall not invalidate the
holding of the meeting or the passing of any resolution thereat
17.6
Notice of the terms of any resolution to be proposed by any member at an annual
general meeting, other than a resolution concerning ordinary business as
contemplated in paragraph 18.2 shall be lodged with the committee not later than
the 1st day of March of every year.
18
PROCEEDINGS AT THE ANNUAL GENERAL MEETING
18.1
At the annual general meeting the committee shall present an audited balance
sheet and income statement drawn as at the last day of the preceding financial
year. These financial statements shall be open for inspection by any member of the
ASSOCIATION at least seven days before the date scheduled for the annual
general meeting.
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18.2
15
The ordinary business to be done at an annual general meeting shall be as follows:
18.2.1
to confirm the minutes of the previous annual general meeting and any
special general meeting;
18.2.2
to receive and consider the report of the chairman;
18.2.3
to receive and consider the financial statements for the preceding
financial year with the accountant's report thereon;
18.2.4
to elect the ASSOCIATION'S accountant;
18.2.5
to consider and approve of any resolutions concerning the affairs of the
ASSOCIATION of which due notice has been given;
18.2.6
to elect the committee for the following year.
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18.3
16
Any resolution concerning the affairs of the Committee of which due notice has
been given in accordance with the provisions of paragraph 17.6. as well as any
matter which the committee considers urgently requires decision or action by the
members of the ASSOCIATION may also be considered and approved at any
annual general meeting.
19
SPECIAL GENERAL MEETINGS
19.1
The committee may at any time convene a special general meeting of members,
by unanimous vote .
19.2
The committee shall convene a special general meeting of members whenever it
deems it necessary or upon receiving a requisition signed by at least ten members
of the ASSOCIATION specifying the resolution to be moved or the business to be
discussed.
19.3
Notice of the special general meeting shall be given in accordance with the
provisions of paragraphs 17.2, 17.3 and 17.4 of the constitution.
20
QUORUM AT ANNUAL GENERAL MEETINGS
20.1
The quorum for a general meeting of members shall be twenty per cent of the
members entitled to vote.
20.2
If no quorum is present within thirty minutes after the time fixed for the meeting it
shall be postponed to the same date and hour in the following week,
21
QUORUM AT SPECIAL GENERAL MEETINGS
21.1
The quorum for a special general meeting of members shall be thirty three per
cent of the members entitled to vote.
21.2
If no quorum is present within thirty minutes after the time fixed for the meeting it
shall
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21.2.1 in the case of a special general meeting called by the committee, be
postponed to the same date and hour in the following week, and
21.2.2 in the case of a special general meeting called by requisition of members
it shall be dissolved.
22 ENTRENCHED PROVISIONS
The following matters of which notice may be given to be voted on, at a special meeting
convened in terms of clause 21, as well as the provisions of this clause, shall be
entrenched and may only be amended when all the members of the association vote in
favour thereof:
22.1
Further densification of land
22.2
Subdivision of any erf in the development
22.3
Re-zoning of any land in the development.
22.4
The provisions of clause 9.3 through to clause 9.3.5 (both inclusive)
22.5
Any contractual and or building restriction imposed on any landowner, including
but not restricted to building time limits
22.6
23
The architectural guidelines
CHAIRMAN
The chair at all general meetings of the members of the ASSOCIATION shall be taken by
the chairman of the committee or, in his absence by the vice-chairman. Should the vicechairman not be present, the chair shall be taken by one of the members of the committee
appointed by the meeting. The chairman shall not have a casting vote.
24
ADJOURNMENT OF GENERAL MEETINGS
The chairman of any general meeting may, with the consent of the meeting decided by
majority vote, adjourn the meeting.
No business shall be transacted at an adjourned
meeting other than that business left unfinished at the meeting from which the
adjournment took place.
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25
VOTING AT GENERAL MEETINGS
25.1
Only members may vote at a general meeting of members.
25.2
Every member, present or by proxy shall have one vote in respect of each property
registered in his name.
25.3
A member which is a juristic person represented by a representative duly
appointed as its proxy, shall have one vote in respect of each property registered
in its name.
25.4
Two or more members who are joint owners of a property shall have only one vote
in respect of each property registered in their name.
25.5
Members who are the trustees of a trust shall have only one vote in respect of
each property registered in the name of the trustees.
25.6
No member whose subscription or other payments due to the ASSOCIATION are in
arrear shall be competent to vote at any general meeting.
25.7
During an election for members of the committee voting shall take place in
accordance with the provisions of paragraph 13.3 hereof.
25.8
Save as otherwise provided in this constitution any business, resolution or question
submitted to such meeting for decision shall be decided by majority vote of those
members present and entitled to vote.
25.9
Voting shall take place by a show of hands unless a ballot be demanded by at least
six members entitled to vote.
Should a ballot be demanded it shall be taken
forthwith.
25.10
At any general meeting of members other than the annual general meeting, voting
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by proxy shall be permissible. The form of the proxy shall be in accordance with
ANNEXURE B annexed hereto. No vote by proxy may be exercised unless such
proxy has been lodged with the committee twenty four (24) hours before the
meeting.
26
AMENDMENT OF CONSTITUTION
26.1
Unless otherwise stated herein, this constitution shall not be repealed or amended
save by a resolution adopted by a majority of 75% of the members of the
ASSOCIATION present at an annual general meeting or a special general meeting
of members of the ASSOCIATION of which due notice has been given.
26.2
Twenty one (21) days notice of the intention to propose and move a resolution for
the adoption of a new provision or the repeal or amendment of an existing
provision shall be given to the secretary who shall forthwith notify the committee
and send a copy of such notice by post to each member of the ASSOCIATION.
26.3
Whenever any such addition or amendment has been approved at a general
meeting a copy thereof shall be sent to each member.
27
BANKING ACCOUNT AND BOOKS OF ACCOUNT
27.1
All monies received by the ASSOCIATION shall be deposited in a banking account
with a bank determined by the committee.
27.2
All payments shall be made
27.2.1
by a cheque drawn on the bank account and signed by any .one or
more members of the committee appointed by the committee, or
27.2.2
by way of an electronic transfer or payment effected by any
member of the committee appointed by the committee.
27.3
The books of account shall be kept up to date and shall reflect the true current
trading and financial position of the ASSOCIATION.
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27.4
The ASSOCIATION'S financial year shall end on the 31st day of June of every year.
27.5
The auditor shall annually or at such shorter periods as the committee may decide
make a thorough inspection of the books of account and prepare the financial
statements of the ASSOCIATION.
27.6
The auditor of the ASSOCIATION shall be elected at the annual general meeting.
27.7
If the office of auditor becomes vacant the committee shall appoint another auditor
to act until the next annual general meeting.
27.8
All members shall at all reasonable times have access to the financial records and
financial statements of the ASSOCIATION.
28
DOMICILIA AND NOTICES
28.1
For the purposes of this constitution, the residential address of a member as
indicated in his application for membership shall be his domicilium citandi et
executandi to which all notices may be addressed and at which all legal processes
may be served.
28.2
Notices may also be addressed to a member at such postal address or e-mail
address or fax number as which a member may indicate in his application for
membership or may notify to the ASSOCIATION in writing.
28.3
A member may by notice to the ASSOCIATION change
28.3.1
his domicilium citandi et executandi contemplated in paragraph 26.1 to
another physical address in the Republic of South Africa;
28.3.2
his postal address contemplated in paragraph 26.2 to another postal
address in the Republic of South Africa;
28.3.3
his e-mail address contemplated in paragraph 26.2 to any other e-mail
address, and
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Schoongezigt constitution – revised September 2012
28.3.4
his fax number contemplated in paragraph 26.2 to any other e-fax
number
provided that any such change shall only become effective on the 7th day after
receipt of such notice by the ASSOCIATION.
28.4
Save as herein otherwise provided, any notice or communication in terms of this
constitution will only be valid if given in writing.
28.5
Any notice to a member
28.5.1
sent by pre-paid post to him contained in a correctly addressed
envelope at his domicilium citandi et executandi contemplated in
paragraph 26.3.1. or to his postal address contemplated in
paragraph 26.3.2 or
28.5.2
delivered by hand to a responsible person during ordinary business
hours at his domicilium citandi et executandi contemplated in
paragraph 26.3.1, or
28.5.3
sent by e-mail to his e-mail address contemplated in paragraph
26.3.2; or
28.5.4
sent by fax to his fax number contemplated in paragraph 26.3.3
shall, (unless the contrary is proved), be deemed to have been received by the
member
28.5.4.1
in the case of paragraph 26.5.1 on the 10th (tenth)
business day after it has been posted;
28.5.4.2
in the case of paragraph 26.5.2 on the date of delivery,
and
28.5.4.3
in the case of paragraph 26.5.3 on the date of despatch of
the e-mail to the member.
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Schoongezigt constitution – revised September 2012
28.5.4.4
in the case of paragraph 26.5.4 on the date of despatch of
the e-mail to the member.
28.6
Notwithstanding anything to the contrary herein contained, a written notice or
communication actually received by a member shall be an adequate written notice
or communication to him notwithstanding that it was not sent to or delivered in
accordance with the provisions of paragraphs 26.2 and 26.5.
29
INDEMNITY
Every member of the committee or any sub-committee shall be indemnified by the
ASSOCIATION against all costs, losses and expenses which he may incur or become liable
for by reason of any act or thing done by him in the discharge of his duties, unless the loss
in question is caused by his own gross negligence, dishonesty or breach of trust.
30
WINDING-UP
30.1
The ASSOCIATION may be dissolved by a resolution passed at a special general
meeting called for that purpose, provided that such resolution is passed by a
majority of two-thirds of the members present and entitled to vote at such
meeting.
30.2
In the event of such resolution being passed at the second special general
meeting, that meeting shall also have the power to pass resolutions by a majority
vote for the appointment of a liquidator and the disposal of the surplus funds and
assets of the ASSOCIATION after winding up and after the payment of all the
debts and obligations of the ASSOCIATION.
31 TITLE DEED CONDITIONS
The Schoongezigt development has been approved by the Local Council and a
condition has been inserted to the effect that the development be ruled by this
association.
Therefore members shall procure that, in addition to any other
conditions of title, the following conditions of title are inserted in the Deed of
Transfer, in terms of which any Purchaser takes title to a property:
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Schoongezigt constitution – revised September 2012
Subject further to the following conditions laid down by the Local Council in favour
of Schoongezigt Home Owners’ Association
The transferee, his heirs, executors and successors in title are compelled to be
members of the Schoongezigt Home Owners Association
from the date of
registration of the property into their name.
The transferee, his heirs, executors and successors in title shall not be entitled to
transfer the property in any manner, without obtaining the prior written permission
of the
Schoongezigt Home Owners’ Association and then only subject to the
condition that the Purchaser will become a member of the said Schoongezigt
Home Owners’ Association on the date of registration of the property into his
name.
32
TRANSITIONAL MATTERS
32.1
This constitution shall become effective as soon as the first person qualifies to
become a member of the association and it shall operate temporarily until it has
been approved and adopted at a meeting of SCHOONGEZIGT residents specifically
convened for the purpose of
32.1.1
establishing a SCHOONGEZIGT HOME OWNERS ASSOCIATION, and
32.1.2 the approval and adoption of this constitution.
32.2
Notice of the meeting of SCHOONGEZIGT residents contemplated in paragraph
29.1 shall be given to all residents in SCHOONGEZIGT in accordance with the
provisions contained in paragraph 26 hereof.
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Schoongezigt constitution – revised September 2012
ANNEXURE A
SCHOONGEZIGT HOMEOWNERS ASSOCIATION
PROXY
“I/We____________________________________________________________________
of (street address) __________________________________________________________
being the owner of Erf ______________________________________________________
hereby appoint _____________________________________________________________
or failing him/her ___________________________________________________________
or failing him/her the chairperson of the meeting as my proxy to vote for me/us on my/our behalf at
the annual general meeting or special general meeting (as the case may be) of the Association to be
held on the _______ day of ____________________ and at any adjournment thereof as follows:
In favour
Resolution No
____________
Against
Abstain
______________
___________
Resolution No
____________
______________
___________
Resolution No
____________
______________
___________
(indicate instruction to proxy by way of a cross in the space provided above).
Unless otherwise instructed, my/our proxy may vote as he/she thinks fit.
SIGNED THIS ______ DAY OF __________
_____________________
SIGNATURE
(Note: A member entitled to attend and vote is entitled to appoint a proxy to attend, speak and vote
in his/her stead, and such proxy need not also be member of the Association.)”