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C O N S T I T U T I O N
FISANTEKRAALESTATE
HOMEOWNERS ASSOCIATION
TABLE OF CONTENTS
1.Purpose
2.Name
3.Amendment
4.Interpretation
5.Objectives
6.Membership
7.Levies
8.Extraordinary resolutions
- Rules
- Undertaking
- Default
- Termination of membership
- Management Committee
- Appointment of the Management Committee
- Term of office of the Management Committee
- Activities of the Management Committee
- Authority and obligations of the Management Committee
- Proceedings of the Management Committee
- General meeting of the Association
- Notice of meetings
- Venue of meetings
- Quorum
- Agenda of Annual General Meeting
- Proceedings at General Meeting
- Proxies
- Voting
- Professional officials
- Financial records
- Audit
- Notices
- Arbitration
1.PURPOSE
The purpose of this document is to draw up a Constitution the objectives of which are fully set out below.
2.NAME
The name of this Association is FISANTEKRAAL HOMEOWNERS ASSOCIATION
3.AMENDMENT
No amendment, addition or revocation of any of the stipulations of this Constitution will take place without the written consent of the HessequaMunicipality and/or the government of the Western Cape, or their successors in title.
4.INTERPRETATION
In this document:
4.1Unless otherwise indicated by the context, the following terms shall have the meaning as designated below.
"The Association"indicates F I S A N T E K R A A L HOMEOWNERS ASSOCIATION
"The Developer"indicates S T I L H E U W E L S MANAGEMENT COMPANY (PTY) LTD
"This Document"indicates this constitution, regulations and rules of the association as applicable from time to time
"Erf"indicates a plot/small holding which results from a subdivision of the farm FISANTEKRAAL number 567 in the Administrative District of Riversdale as indicated in the General Plan L.G. No. 3501/2001, which may be transferred in title to any member of the Association (with the exception of any section of the remainder)
"Remainder"indicates those sections of the farm
FISANTEKRAAL number 567 in the Administrative District of Riversdale which is not transferred to any member by the Developer, as indicated in the General Plan.
"Ordinance"indicates the land Planning Ordinance no. 15 of 1985.
"Member"indicates a member of the Association who is the registered owner/owners of an erf. Where more than one owner is registered, they are collective regarded as one owner.
"The Management indicates the Management Committee of
Committee"the Association.
"The Local Authority"indicates the HessequaMunicipality and/or its legitimate successors in title
"Business day"indicates all weekdays excluding Saturdays, Sundays and Public Holidays
"Extraordinary resolution"a resolution taken by a majority of at least three quarters of the votes of the members present (or by their proxy) at a General or Extraordinary General Meeting of which at least 21 days written notice has been given and in which the proposed extraordinary resolution is mentioned
4.2Subject to the above, any terms or expressions which are defined by the Land Planning Ordinance number 15 of 1985 or any amendment thereof, which is in force from time to time and in regard to which this document is binding on the Association, shall be deemed to have the same meaning within the context of this document.
5.OBJECTIVES
The objectives of the Association are to:
5.1further the common and group interests of the member in general.
5.2provide and maintain services in the interests of the members as decided by the Association from time to time.
5.3exercise the authority and obligations as authorized and stipulated by the land Planning Ordinance number 15 of 1985.
5.4develop and maintain the remainder and to determine the orderly use thereof.
5.5collect such levies as are deemed necessary from time to time, at the discretion of the Management Committee in order to realize the above objectives.
5.6approve building plans, surrounds, and structures of any nature whatsoever on individual erven / holdings.
5.7specifically supervise the adherence to the following requirements and conditions:
5.7.1that indigenous vegetation on each erf / holding is not removed without the necessary permit and is preserved in its natural state.
5.7.2that each owner shall erect all buildings and outbuildings on a predetermined section of the erf, which shall not exceed an area of 1200m² (square meters). The situation of such area must be determined in accordance with the conditions of approval.
5.7.3that only a septic tank sewage system is allowed and that such tank is easily accessible to a sewage removal vehicle.
5.7.4that the primary land usage of the erf / holding shall be limited to rural residential use. No commercial agricultural activities will be permitted on the erf / holding.
5.75that each member shall at all times maintain his property and all constructions thereon in a neat and attractive condition.
5.7.6that the conditions of approval as stipulated by the Department of Environmental Affairs and of the Western Cape Province are adhered to.
5.7.7that the long-term environmental conservation plan, the architectural guidelines and the terrain development plan are carried out.
5.8to see to the execution of the following:
5.8.1that indigenous vegetation is cleared only in the 1200m² living area and that the required permits are obtained before any protected plants are damaged or removed.
5.8.2that no fences are erected on the outer boundaries of properties.
5.8.3that no farm animals are kept on the area zoned as Open Area Zone III. The keeping of pets should be discouraged so that buck and birds are not disturbed or frightened away. However in cases where pets are allowed, a predetermined area should be properly fenced off for this purpose.
5.8.4that no exotic vegetation is planted. Only indigenous plants are permitted in the 1200m² "footprint" area – preferably those found locally. For lawns only "Kweek" or Buffalo grass may be planted. No plants may be cultivated in Open Area Zone III unless specified in the environmental conservation plan.
5.8.5that a Trust fund for the long term management and conservation of Open Area Zone III is set up and administered by the Owners association.
6.MEMBERSHIP
Membership of the Association will be limited to the registered owners of erven / holdings with the understanding that:
6.1where such owners are more than one person the registered owners of that erf shall be deemed as one person for the purpose of membership of the association.
6.2when a member ceases to be a registered owner he ipso facto ceases to be a member of the Association.
6.3a member shall not sell and/ or transfer an erf / holding unless it is a condition of the purchase contract and of the resulting transfer that :
6.3.1the purchaser becomes a member of the Association.
6.3.2the registration of the transfer of that erf to the name of the purchaser ipso facto constitutes the purchaser as a member of the Association.
6.4the registered owner of an erf cannot resign as member of the Association.
6.5the Management Committee may by regulation make provision for the issue of a membership certificate in such a form and according to such stipulations as may be determined by the Management Committee.
6.6the privileges and obligations of a member are not transferable and each member shall :
6.6.1promote the objectives and interests of the Association to the best of his ability
6.6.2strictly adhere to all regulations of the Association and the Management Committee without the understanding that nothing in this document shall prohibit a member from ceding his privileges and duties in terms of this Constitution to the Mortgagor of the members erf / holding, in securitatem debiti.
7.LEVIES
7.1The Management Committee will from time to time determine the amount payable by the members in order to defray all expenses which have been incurred by the Association or which the Management Committee deems to be reasonable provision for maintenance, repair, improvement, functioning and furthering of the common land. Provision will also be made for the payment of services rendered with regard to taxes or other expenses or levies of whatever nature, payable to the Local Authority or its legitimate successor in title, and for the payment of costs which are necessary for the management of the Association, any remainder and the affairs of the Association. Any income received by the Association will be taken into account for the purposes of the calculation of such levies.
7.2Any outstanding amount due by a member with regard to a levy will be regarded as a debt to the Association. The obligation of the member to pay the levy expires on cessation of membership of the Association. This does not alienate the right of the Association to collect overdue or outstanding levies and payments and in such a case the member will be responsible for legal costs on a Client and Attorney scale. Under no circumstances will a levy, which has already been paid by a member, be refundable on cessation of membership. The successor in title of a member as owner of an erf will be responsible for the payment of levies from the date on which he (the successor in title) becomes a member of the Association as a result of the transfer of the erf / holding in his name, and will pay the appropriate levy in respect of the erf / holding from time to time as it becomes due. No member will be entitled to transfer his erf / holding, unless the Association certifies that all obligations towards the Association have been fulfilled as on date of transfer.
7.3The Management Committee shall periodically determine the levy payable by a member. Initially levies will be the same on all erven.
7.4A member shall not be entitled to the privileges of membership unless and until all levies and/or other outstanding amounts have been paid to the Association.
7.5If a member, after a reminder, remains in default of payment of any amounts whatsoever, the Management may follow the normal legal procedure to recover the outstanding amount and the member will be responsible for legal costs on a Client and Attorney scale.
8.EXTRAORDINARY RESOLUTIONS
The association will only by extraordinary resolution give authorization for :
8.1the sale, letting, alienation, subdivision, transfer or consolidation of the whole or any remainder;
8.2the granting of any rights whether registered in the Deeds Office or not, for the use, possession or any other servitude of the remainder, in favour of a person who is not a member;
8.3the improvement, construction or buildings, structures or facilities on the remainder;
8.4the changing of the boundaries or entrance routes through and over Fisantekraal Estate.
9.RULES
The Management Committee may from time to time:
9.1determine rules for the control, orderly running and promotion of the rights of members for the utilization of the individual erven / holdings on the Fisantekraal Estate.
9.2enter into agreements with the Authority, concerning the contents of paragraph 9.1 and any relevant matters.
10.UNDERTAKING
Each member undertakes to the Association that he will comply with:
10.1the stipulations of this constitution;
10.2any resolution, regulation or rule which is determined and provided by this Document;
10.3any agreement referred to in this Document which places a direct or indirect obligation upon him.
11.DEFAULT
Any member who is in default to the Association on the due date thereof, of any levy, or any other amount owing by such a member, or who in any other way fails to comply with the stipulations of this Constitution, may if so prescribed by a resolution taken by the Management Committee :
11.1be liable for the payment of a fine as determined at the discretion of the Management Committee.
11.2be ordered to pay an amount as compensation to the Association, which amount will be determined for each case.
11.3be invited to attend a meeting of the Management Committee by means of written notice which will be delivered not less than 7 (seven) days before the meeting is convened, where such a member will be entitled to put his case. He will however, not be present when a vote is taken or be permitted to take part in any other proceedings except at the discretion of the chairperson.
12.TERMINATION OF MEMBERSHIP
A member (or his Executor, Curator, Trustee or heirs) shall, if membership is terminated, have no claim against the Association with respect to funds or any other property of the Association. However, this paragraph grants the Association the right, without alienation of any of its other rights, to claim any overdue and outstanding levies and any other amounts owing to the Association from such a member or his estate, from time to time should he cease to be a member for whatever reason.
13.MANAGEMENT COMMITTEE
13.1The Association will have a Management Committee consisting of five members.
13.2A Committee Member will be an individual but not necessarily a member of the Association. However, a Committee Member is bound by the stipulations of this Constitution by virtue of his acceptance of office.
14.APPOINTMENT OF THE MANAGEMENT COMMITTEE
The Developer will appoint the five initial members of the Management Committee. Of these, two members will retire after one year and the remaining three will retire after two years.
15.TERM OF OFFICE OF COMMITTEE MEMBERS
15.1Committee Members are elected annually by Members at the Annual General Meeting to serve for a period of two years. A Committee member whose term of office has ended may make himself available for re-election for a further term.
15.2The office of a Committee member shall ipso facto be terminated and vacant:
15.2.1if he resigns by means of written notice to the other members. Every member has the right to resign in this way.
15.2.2should any prohibition on a person to be a director of a company as stipulated by Company Law, be applicable to a member of the Management Committee.
15.3If a vacancy should arise in the Management Committee before the following Annual General Meeting, the vacancy will be filled by a person co-opted by the remaining members of the Committee for the remaining period of office of the member who vacated the office.
16.ACTIVITIES OF THE MANAGEMENT COMMITTEE
16.1Committee members will elect a Chairperson and Vice-Chairperson.
16.2The Developer will appoint the first Chairperson and Vice-Chairperson and they will serve in this office until the first Annual General Meeting following their appointment, with the proviso that these offices will become vacant on the cessation of their membership for any reason whatsoever.
16.3Within 7 (seven) days after an Annual General Meeting the Management Committee shall convene a meeting for the election of a Chairperson and Vice-Chairperson from its members. These officials will act in this capacity until the next Annual General Meeting following their appointment, with the proviso that these offices will become vacant on the cessation of their membership for any reason whatsoever. No Committee member will be elected to more than one of the above offices. Should a vacancy occur at any time in any of the above offices the Management Committee will convene a meeting and fill the vacancy from its members.
16.4With the exceptions stipulated otherwise in this Constitution, the Chairperson will lead all meetings of the Committee as well as general meetings of members and will perform all tasks that arise from his office as well as other tasks prescribed by the Committee as well as the members. The Chairperson will have the right to approve or refuse any person who wishes to address the meeting, with the understanding that a person who is not a member of the Association will be not have voting rights at any meeting.
16.5The Vice-Chairperson will act in the place of the Chairperson in his absence and will carry out such tasks as are assigned to him from time to time by the Chairman or Committee.
16.6The Committee members will be entitled to reimbursement of all reasonable and bona fide expenses incurred in the course of their duties as Committee members or Vice-Chairman or Chairman as the case may be. Apart from these expenses they will not be entitled to any remuneration for their services.
16.7Where the votes are equally divided at a Management Committee meeting the Chairman may cast the deciding vote.
17.AUTHORITY AND OBLIGATIONS OF THE MANAGEMENT COMMITTEE
17.1Subject to the express conditions and stipulations of this Constitution the Management Committee will control and manage the affairs and business, be fully empowered to carry out the authority and perform all possible duties on behalf of the Association. This does not necessarily include resolutions taken at General meetings but is nevertheless subject to the regulations and/or codes of behaviour as stipulated in General meetings from time to time by the Association, with the understanding that no resolution taken in a general meeting shall render any previous action taken by the Committee to be invalid.
17.2The Committee will be entitled to review, change, improve or supplement its resolutions and decisions from time to time.
17.3The Committee shall if it so decides and at its discretion, investigate any alleged infringement by any Member in a reasonable and fair manner as decided from time to time.
17.4The Committee members will make rules and regulations (not in opposition to the Constitution or any other regulations or household rules already approved by the Association in a general meeting) :
17.4.1concerning disputes in general.
17.4.2for the promotion of objectives of the Association.
17.4.3for the promotion of the management, control and regulation of the affairs of the Association.
17.4.4for the promotion of the interests of the members
17.4.5for the convening of Management Committee meetings and general meetings of the Association.
17.4.6to support the administration and management of the activities of the Association in general and will be entitled to cancel, amend or supplement any such regulation or rule.
17.5The Management Committee shall on behalf of the Association :
17.5.1see to the support, maintenance and use of the common area and to any other matter or occurrence which has a bearing thereon.
17.5.2approve or reject all building plans submitted by members of buildings or alterations.
17.5.3carry out all management functions, maintain a proper accounting system and pay all accounts.
17.6The Management Committee determines the financial year which will be applicable.
17.7The Management Committee determines the official address to which all correspondence to the Committee is directed and informs members of this address as well as all authorities who are involved in the Fisantekraal Development.
18.PROCEEDINGS OF THE MANAGEMENT COMMITTEE
18.1Subject to the stipulations of the Constitution, the Management Committee may meet from time to time for the settling of business and may convene meetings as deemed to be necessary.
18.2Meetings will be held at least every 3 (three) months.
18.3Three members who are actually present form a quorum.
18.4A Committee member shall keep minutes or alternatively a secretary may be appointed who is not necessarily a Committee member, for this purpose. The Committee Minute book must be available for perusal by a Committee member, auditor, any member of the Association and the Local Authority, at all reasonable times.