VAAL MARINA Rate Payers & Associations
CONSTITUTION
VAAL MARINA RATE PAYERS ASSOCIATION & ASSOCIATES (NPC) Registration No: 2020/077205/08
1. NAME
The name of the organization is Vaal Marina Rate Payers Association & ASSOCIATES and shall hereinafter be referred to as R.P.A.
2. LEAGAL STATUS OF RPA
2.1 The R.P.A. shall be a corporate body that is universitas. The R.P.A. will have perpetual succession and will continue to exist as an entity, despite any change to its membership or executive committee.
2.2 All property of whatsoever nature will be held and owned by the R.P.A. No member of the R.P.A. will have any rights by reason of his /her membership to any property of the R.P.A. The R.P.A. will be capable to sue or be sued in its own right.
3. PRIMARY OBJECTIVES
The primary Objectives of the R.P.A. includes but is not limited to:
3.1 Secure, defend and protect to the best of our ability the property and property rights of all Rate Payers Association members.
3.2 Create the necessary platforms to interact with all bodies and entities that may have an interest in the activities of the R.P.A.
3.3 Form alliances with other bodies and entities that can and are willing to assist the R.P.A. to fulfil point 1 in this section.
3.4 Promote development on the area.-
3.5 Act as a liaison body with local, provincial and national authorities on matters concerning the well-being of the people and the area.
3.6 Act as a watchdog and lobby group to ensure good, clean, transparent, and accountable governance.
3.7 Act as the coordinating body for the Greater Vaal Marina area, without precluding the right of any member to lobby for a particular matter that is of interest to such a member.
3.8 Develop and enhance and implement a code of conduct for all its members.
3.9 Promote an environmental education campaign to protect the whole area from environmental degradation.
3.10 Interact with any natural or juristic body that is willing, able and prepared to work with us to achieve our objectives.
4. GEOGRAPHICAL AREA OF OPERATION
4.1 The geographical area of operation of the R.P.A. is the area demarcated as the Vaal Marina Holiday Township, Vaal la Mer, and Aloe Fjord, incorporated by proclamation into one town known as Vaal Marina.
4.2 The Executive Committee is hereby empowered to expand the geographic area of operation to include any other area in the Republic of South Africa that has similar needs to those of the Vaal Maria Community.
4.3 It is self-explanatory that other communities are also confronted with problems and challenges very similar to those experienced by the Vaal Marina Community and it is therefore logical and rational and constitutional that the R.P.A. interacts, educates advises and directs such communities on how to secure themselves and their hard-earned properties in the face of all sorts of emerging situations.
5. MEMBERSHIP
5.1 Any owner or lessee of a property situated in the area of operation as previously described.
5.2 Any owner or lessee of a Sectional Title Unit, holder of shares in a Share block company and any controlling body of a resort, club, business or association in respect of property situated in the area of operation as previously described.
5.3 Membership is subject to completing an application for membership and payment of an annual membership fee as determined from time to time by the Executive Committee.
5.4 The Executive Committee has the duty and responsibility to verify all membership applications to ensure that all applicants subscribe to the objectives of the R.P.A. and it has the power to refuse membership to any applicant should they discover that such an applicant does not subscribe to the R.P.A. objectives.
6. GENERAL MEETINGS
6.1 As soon as practically possible after the end of each financial year, the Executive Committee, as hereunder described will convene an Annual General Meeting of members of the R.P.A.
6.2 The meeting will be convened by posting, by ordinary post, written notices to all members. The notices will be sent to the addresses of members as appearing in the records of the R.P.A.
6.3 The notices will be posted not less than 30 days before the date of an Annual General Meeting.
6.4 At an annual General Meeting, the financial statements in respect of the previous financial year will be tabled for discussion, approval or rejection.
6.5 At every 3rd Annual General Meeting starting from the year 2021 a new Executive Committee will be elected from candidates whose names will be proposed at the meeting. No prior notice need be given of the names of the candidates. Voting will be by secret written ballot. The candidates receiving the most votes will be members of the Executive Committee. In cases where an equal number of votes is cast for candidates, another round of voting will take place in respect of candidates with equal votes, until a single candidate wins.
Any member that is unable to vote in person may nominate another member present to vote on their behalf by completing the prescribed proxy form and submitting it to the Executive Committee.
6.6 Members present at an Annual General Meeting may also propose resolutions to be voted upon. These proposed resolutions need to be received by the Executive Committee 30 days prior to the Annual General Meeting, so that such a proposed resolution can be sent to the members, prior to the meeting.
6.7 A Special General Meeting may be held at the instance of the Executive Committee or at the written request by not less than 10% of the members of the R.P.A. in good standing. In good standing means members that have paid their current subscription fees.
6.8 The requirements regarding notification to members are those that are applicable to an Annual General Meeting.
6.9 The purpose of the Special General Meeting shall be disclosed to the Executive Committee and then only may it be sent to all other members of the R.P.A. At the Special General Meeting only the business to be discussed shall be that which is contained in the notification of the Special General Meeting.
6.10 Each member at an Annual General or Special General Meeting shall have one vote. The chairperson shall also have a casting vote.
6.11 The Chairperson of the Annual General Meeting or Special General Meeting shall be the Chairperson of the Executive Committee as defined in this constitution.
6.12 At an Annual general Meeting or Special General Meeting 20% of the members shall constitute a quorum. Should there not be enough members to constitute a quorum, that meeting shall be adjourned for one week from that date and at that meeting those members presents shall constitute a quorum.
7. POWERS OF MEMBERS IN GENERAL MEETING
The R.P.A. shall act on resolutions taken by the majority of members present at General Meetings, except in respect of those matters delegated in terms of the constitution to the Executive Committee and subject to the rules relating to a quorum.
8. EXECUTIVE COMMITTEE
8.1 The Executive Committee shall consist of not less than 5 (five) and not more than 15 (fifteen) members as resolved by the members at an Annual General Meeting at which such Executive Committee is elected.
8.2 The members of the Executive Committee shall be elected every three years at the Annual General Meeting.
8.3 Incumbent members shall be eligible for re-election.
8.4 A Chairperson, Vice Chairperson, Secretary and Treasurer shall be elected at the First meeting of the committee after the Annual General meeting.
8.5 Resolutions of the Executive Committee shall be taken by a majority vote of those present. The chairperson shall have a casting vote.
8.6 Fifty percent (50%) of the members shall constitute a quorum. If no quorum is present at a meeting, the rule applicable in general Meetings shall apply.
8.7 The committee shall meet as often as necessary but not less than 4 (four) times in any financial year, on such dates as determined by the committee.
8.8 The Chairperson shall at any time call a special meeting.
9.9 Notice shall be given to members at least 7 (seven days before the date of the meeting.
8.10 A member of the Committee shall automatically cease to be a member should such a member be absent from more than 2 (two) consecutive meetings without good reason.
8.11 Vacancies may be filled by majority vote of the remaining members of the committee.
8.12 All notices sent out for general Members meetings of members or for the Executive Committee shall be sent out under the name of the Secretary.
9. POWERS OF THE EXECUTIVE COMMITTEE
9.1 The committee has all the powers required to achieve objectives of the R.P.A. in accordance with the constitution and without detracting in any way from the generality of this provision, shall have the following additional powers to:
9.2 Borrow monies with or without securities for the purpose of the R.P.A. and to invest monies of the R.P.A. and to vary and realize such investments.
9.3 Appoint professional advisors and agents and determine their remuneration and to determine their appointment period.
9.4 Enter into, or sign contracts or documents in the name of the R.P.A. and to institute, conduct, compound or abandon any legal proceedings by or against the R.P.A.
9.5 Disburse such monies as may be necessary for the achievement of the objectives of the R.P.A.
9.6 Delegate authority to any member /s of the committee to sign any documents.
9.7 Do all such acts or things as in, the opinion of the committee is conducive to the attainment of any or all the objectives of the R.P.A.
9.8 Enter into any contract and to take over the assets, liabilities and operations of bodies having similar aims and objectives.
10. SPECIAL PROVISIONS
10.1 Proper books of account shall be kept and financial statements drawn up at the end of each financial year.
10.2 The R.P.A. shall open and operate a bank account or accounts with recognized financial institutions in the Republic of South Africa into which monies received on account of the R.P.A. shall be deposited. All withdrawals made against such an account / s of the R.P.A. shall be signed by two persons, jointly appointed for this purpose by the Executive Committee.
10.3 Any property or income of the R.P.A. shall be utilized solely in the furtherance of its objectives and it shall be prohibited from transferring any portion thereof directly or indirectly in any manner whatsoever as to profit any person, other than by way of payment in good faith of reasonable remuneration to any other office bearer o member of the R.P.A. for any services actually rendered to it.
10.4 The financial year of the R.P.A. shall commence on 1 March and terminate on the last day of the next February.
11. AMENDMENTS TO THE CONSTITUTION
The Constitution of the R.P.A. may be altered or amended, in any manner by a two thirds majority of members present and entitled to vote at any General meeting of the R.P.A. provided that the amending proposal be included in and circulated to members with the notice of such meeting.
12. LIABILITY OF MEMBERS
The liability of member shall be limited to the amount of subscriptions which may be unpaid from time to time. No member is liable for any action of the Executive Committee or the R.P.A.
13. DISSOLUTION
13.1 The R.P.A. shall only be dissolved by a resolution taken at a Special General Meeting set up expressly for this purpose. 95% (ninety five percent) of those members that are eligible to vote shall be a deciding vote in this matter.
13.2 The quorum to dissolve the organization shall consist of 90% of the recorded membership as reflected in the records of the R.P.A
13.3 No vote that is less than 95% ( ninety five percent) shall be accepted .
13.4 Upon dissolution the net assets of the R.P.A. shall be transferred to another organization, with similar objectives after its obligations and liabilities have been met.
