CONSTITUTION OF THE SUNDOWNER RESIDENTS ASSOCIATION (SRA)
The name of the Residents Association is: "Sundowner Residents Association". Hereafter referred to as "SRA".
The objectives of the SRA are:
- To assist the authorities in the maintenance of peace, security and the well-being of all residents in the SRA neighbourhood.
- To carry out or arrange the provision of all legal measures deemed feasible and necessary to reduce crime and establish and maintain relative security procedures in accordance with the needs of the residents of the area.
- To work in close co-operation with the SAPS, CPF and any other body to achieve objectives.
- To assess the needs of our community and act thereon.
- To promote strong community spirit, co-operation and awareness.
- To suggest and promote improvements in policies and administration and to promote or oppose policy making or other regulations affecting SRA or any of its members or to contribute to the promotion or the opposing thereof.
- Objectives of the SRA are restricted to crime prevention.
It is hereby specifically declared and recorded that nothing in the above, or any function or activity executed by SRA, shall in any way be construed or meant to be contradictive or incompatible with the provisions of policies or regulations as promulgated by Local Authorities, and shall not interfere or replace any order and control of another functional authority which has been established in accordance with such policy or regulation. It is further more declared that the SRA does not directly provide security services and thus has no responsibility or potential liability in this regard.
It is hereby further specifically declared and recorded that the members of the SRA waive and abandon any claim against the SRA, its Committee, officers and employees and/or agents, for any all and any loss or damage of whatsoever nature, which the member may at any time sustain or incur by reason of having participating in the Residence Association or as a result of the SRA performing its duties in terms of this Constitution.
For the purpose of this Constitution:
Residents Association - shall mean the Body of Residents concerned with the coordinated effort of ensuring the maintenance of peace, security and the prevention of crime in the neighborhood - Honeydew/Aquilla, Apollo, Libra, Capricorn, Pisces, Leo, Gemini, Virgo, Cancer, Scorpio, Orion, Taurus, Saturnus, Aries, Venus, Sagittarius, Morganite, Drysdale, Kareeboom, Apiesdoring, Worsboom, Moepel, Keurboom, Hardekool, Denne, Roan, Njala, Bergkaree, Antares, Morganite, Puttick. Generally all streets within the boundary of Drysdale, Beyers Naudé, Puttick & Northumberland to CR Swart.
Any amendment to the area defined above, must be approved by a quorum of committee members present at a monthly committee meeting.
The Law – any statutory laws that may be applicable.
The Local Authority – The South African Police Services, Emergency Services, Metro Police, Municipal Services, etc.
Members – Only paid up Members of good standing paying subscriptions will have the right to vote.
THE RESIDENTS COMMITTEE (hereafter referred to as the Committee.)
- The Committee shall consist of a Chairperson, Vice Chairperson, Administrator, Bookkeeper and Committee Members (minimum 5)
- Meetings of the Committee to be convened once a month by the Chairperson or, in the absence of the Chairperson, by any member of the Committee after consultation with the Committee or, upon the requisition of one third of the Members. On receipt of such a requisition, shall give the required notice for such meeting within fourteen days.
- The Committee meets to decide on security policies and action programs.
POWERS OF THE COMMITTEE
- To receive, retain and use membership fees, donations, allowances, and grants for the promotion and maintenance of the Residents Association.
- The Committee has the right to revoke membership as deemed necessary to protect the SRA.
- To enter into agreements with other organizations with related interests for mutual co-operation and support.
- To enter into employment contracts with employees for the benefit of the SRA as required and approved by Committee.
- To open and manage Bank Accounts. The Chairperson, Bookkeeper and Administrator will be authorised signatories. Any two will have joint signing authority. No two signatories may be related.
- To administer the finances of the Residents Association on such terms and conditions as approved by the Committee.
- To acquire indemnity and public liability.
- To acquire and / or dispose of assets in such a manner or on such terms and conditions as may be approved by the Committee.
ELECTION OF COMMITTEE MEMBERS
- Only fully paid-up Members of the Residents Association may be elected to the Committee.
- Committee Members are elected for a period of one year at the Annual General Meeting. The election may be by ballot or show of hands as agreed at the time by paid-up Members present.
- Prospective Committee Members must be nominated on the prescribed nomination form as approved by the Committee or at the AGM if insufficient nominations received prior. The nominee must indicate his / her acceptance.
- The Committee is empowered to co-opt members to the Committee during the year. Any such co-opted committee member will have the full powers and voting rights of a Committee Member.
- In the event of the Chairperson resigning from his/her position and not being able to fulfil his/her duties during term of duty, the Committee has the authority to elect a replacement at a special Committee meeting to serve the remainder of term.
- The Committee is empowered to remove from office, any member attending less than 75% of committee meetings in any six (6) month period
- The number of members of the Residents Association is unlimited.
- Membership of the Residents Association is not transferable from any one member to any other prospective member.
- Only fully paid up Members of the Residents Association will be eligible to vote at the AGM or as required.
- Cancellation of membership must be submitted by notice in writing. It is the responsibility of the member to ensure receipt confirmation.
- A resident becomes a member by applying for membership on the prescribed form as approved by the Committee.
- Members of the Residents Association are only accepted with the approval of the Committee.
- The committee is authorized to revoke membership at any time within reason.
- Those members who have accepted the services of the preferred security company have in turn (as a result of their acceptance) acknowledged their approval of the security company’s terms and conditions.
- 80% of the Committee Members shall be a quorum at any meeting.
- In the event of a quorum not being present at a Committee meeting, within 30 (thirty) minutes after the time set down for such meeting, that meeting shall stand adjourned to the same day in the next successive week thereafter, at the same time and place or if that day is a public holiday, to the next succeeding business day and written notice will be given of such adjourned meeting to all the Committee Members. Should no quorum once again be present at any adjourned meeting, then those Committee Members present will constitute a quorum.
- Decisions made by the Committee in order to be of force and effect must be approved by a simple majority of the votes exercised by the Committee member present at a meeting.
- The quorum necessary at a General Meeting shall not be less 20% of paid up members of the Residents Association.
- In the event of a quorum not being present at a General Meeting, the meeting shall be adjourned at the discretion of the Chairperson. The meeting may then proceed for discussion purposes only. In the event of such of an adjournment the meeting is to be convened 7 days later. Notice of which shall be given to all members.
An Annual General Meeting (AGM) shall be held each year within 3 months from the end of the financial year (28 February) when the Chairperson shall table his / her annual report and he Bookkeeper shall table the Financial Audited Statement and budget for the next year.
A suitable venue shall be arranged by the Committee and the Administrator will be responsible for circulating the notices for the meeting at least twenty-one (21) days prior to the meeting.
AMENDMENTS TO THE CONSTITUTION
Articles in this Constitution may only be amended at an AGM or Special General Meeting. Amendments to the constitution shall be passed on a simple majority of a quorum of paid up members of good standing present at such meeting.
DISTRIBUTION OF CONSTITUTION
The constitution shall be made available to registered paying members of the Residents Association.
- Only paid up Members present are entitled to vote at meetings of the Residents Association.
- The Chairperson shall in each case have an ordinary and a casting vote at both Committee and General Meetings.
- A maximum of one (1) vote per household and one (1) vote per Trustee per Complex is allowed at any general meeting.
- Proxy votes are allowed only if received in writing to the Committee seven (7) days before any such meeting.
The Residents Association has been established without a profit motive and therefore:
- Income and Assets of the Residents Association, no matter how obtained, shall only be appropriated for the promotion of the objectives of the Residents Association and its members.
- Termination – The Residents Association may only be disbanded or terminated at a Special General Meeting and voted on by a simple majority of a quorum of at least eighty percent (80%) of paid up members of good standing. Notice of such meeting shall be issued to all members at least twenty-one (21) days prior to the meeting.
- Disbursement of Funds - Where the Residents Association is disbanded or terminated, the Committee then in office, shall tabulate all the Assets of The Residents Association, Audit them and thereafter convert them to cash as appropriated. The total cash value will then be donated to the Honeydew CPF.
NEWS MEDIA ANNOUNCEMENTS
No communication or announcement regarding the Residents Association may be made to any member or person of the news media other than by:-
- The Chairperson of the Residents Association Committee.
- Any Committee Member, in the absence of the Chairperson, provided that the communication or announcement has been approved by the Committee.