NAME: The Association shall be known as KENRIDGE, THE HILLS RATEPAYERS ASSOCIATION hereafter referred to as The Association.
LEGALITY & PERSONA
The Association is a “universitas personarum”, an independent legal persona or entity, distinct from individuals who comprise it, having the capacity of acquiring rights of property, or incurring obligations and of suing or being sued in its own name and having perpetual succession, and neither members nor the Executive Committee shall be answerable for the debts or engagements of The Association
MANDATED AREA ( The Area)
- Shall be the area encompassing all areas of Kenridge, Durbanville Hills, Door de kraal and De Bron. (see (*) below)
- Representation shall not be restricted to the area mentioned in (1) but may include any area contiguous incumbentto the mandated area and from any person who may require assistance disregarding the area in which they are resident
- The Association may involve itself in any issue of a Municipal matter that members may consider may affect the area of representation.
- To foster interest in the affairs and planned development of the area and to liaise with the Municipality and its officials and any other organisations in promoting and commenting on issues for the benefit of the residents.
- To consider the Municipal policy and affairs and to further the interests of residents in the area.
- To gather and disseminate information and to take the necessary action deemed advisable for the benefits of the residents in the area.
- Membership is open to all ratepayers and residents in the Mandated Area.
- Should a member act contrary to the Constitution at any time, the Committee has the right to cancel such membership.
- Only owners of property, in other words, ratepayers of property or theirauthorised representatives in the area, may vote in matters concerning changes in this constitution.
(*) Area Jip de Jager to Mara Road to Carl Cronje Drive (Kenridge Ext )added July 2005
- Membership subscriptions shall be determined annually at the Annual General Meeting or as the need arises.
- The annual subscription shall be payable on application, and thereafter by 31st March of each year.
- If a member fails to pay his/her subscription by the due date, he/she shall forfeit membership and voting.
The Management Committee shall be elected in the following manner:
- A committee to be known as the Management Committee of not less that fifteen persons residing within the Area.
- The committee shall be elected at the Annual General Meeting and shall hold office for one year.
- Residents may be co-opted onto the committee from time to time.
- The committee shall amongst themselves elect an Executive Committee consisting of a Chairman, Vice-Chairman, Secretary and Treasurer.
- No nomination for a co-opted member shall be valid unless the nominee is present, or unless he/she shall have previously notified the Secretary in writing of his/her willingness to accept nomination.
- The Committee shall be empowered to fill vacancies, such member to hold office for the unexpired period of office of the outgoing member.
- 20% of the members of the Management Committee shall form a quorum.
- Committee members shall be nominated individually and not collectively re-elected, even if all the members are re-elected individually.
- Residents who wish to raise any issue regarding the area or who wish to attend a meeting are welcome to.
- Should any resident wish to raise any issue he may place the item on the agenda as Items from the Floor
- The sitting councillor for the ward may attend the meeting by invitation.
POWERS AND DUTIES OF THE COMMITTEE
- The Committee shall be responsible for the keeping of Minutes of their meetings as well as of all other meetings of the Association, and records of any other data that may be deemed necessary.
- Any member of the Committee who fails to attend three consecutive meetings without leave of absence having been granted, or such failure to attend not having been condoned by the Executive Committee, he/she shal forfeit his/her office.
- The Committee may appoint sub-Committees for any purpose it may deem necessary.
- The Committee shall meet at least once a month, except in December.
- If necessary, the Chairman may call a Meeting of the Committee or on the request of four Committee members, he/she shall arrange a Special Meeting of the Committee.
- The control of the finances of the Association shall be the responsibility of the Committee.
- With the approval of a General Meeting, the Committee may establish a fund and fixed property may be purchased by the Committee, provided that two- thirds of the members present at the General meeting agree that such property be purchased.
- The Executive Committee shall be empowered to deal with any matters not provided for in these rules, provided that they are within the aims of the Association.
- The Annual General Meeting shall be held by not later than November of each year.
- The Committee may, at any time, on receipt of a written request from not less than 20 members, with reasons for such request, the Committee shall arrange a Special General Meeting..
- Proposals and amendments shall be decided by show of hands. When demanded by majority of members present, a poll by ballot shall take place. Where there is an equality of votes, the Chairman shall have a casting vote. Resolutions shall be binding on the Committee.
- The Executive Committee shall have the right to postpone Committee Meetings as well as to make decisions on urgent matters subject to the approval of the Committee at its following meeting.
- Management Committee meetings are scheduled for the third Wednesday of every month (unless otherwise advised by the secretary) at 6.00pm and it is incumbent on members to ensure they attend.
An Account shall be opened at a Bank, nominated by the Chairman, and withdrawals shall require the signature of at least two members of the Executive Committee.
The Treasurer shall keep records of:
- All monies received and paid out, and shall issue and obtain receipts in all cases
- All assets and liabilities
- At the end of the financial year, which shall be by 30th September of each year, the books shall be audited by a person not a member of the Committee, and a proper financial statement shall be presented at the Annual General Meeting.
AMENDMENTS TO THE CONSTITUTION
No amendments may be made to the Constitution unless agreed by two thirds of the members The Association at a General or Special Meeting, and then only if written notice of the proposed amendment is received by members fourteen (14) days prior to the meeting.
RULES OF ORDER
- Speakers at meetings must address the Chair.
- Religious and political matters may not be discussed.
- Proposals and amendments must be seconded.
- Members may speak only once on any particular subject, but with the approval of the meeting, the Chairman may rule otherwise.
The Association shall dissolve if two-thirds of the members of the Association agree thereto, or if the membership of the Association becomes less than 20 (twenty). At dissolution, all financial commitments are to be discharged, and if any assets remain, shall be donated to the Durbanville Children’s Home