ASSOCIATION MATTERS
It is clear that the fight in the
The Executive Committee of the Association however feel that we are not important enough to consult. Their statement: “there is no public to be consulted. There will be no referendum, and we don’t need any further interference from Council in our internal affairs” made this clear and they have implemented the changes to the constitution despite Council’s resolution.
As explained elsewhere in this newsletter, the constitution is a contract between us and the Association. Please do not be fooled. It is a dangerous document and if accepted, will cost the community dearly. If nothing else, please read the article called Constitution - what it means.
If you enter into this contract willingly or without fighting for your rights, there is no Court in the country that will be willing, or even able to help you.
It was very clear to us that, uppermost in ExCom’s mind was to change this contract/constitution in order to give them powers far in excess of what is needed to implement a security scheme. The so-called security scheme was merely a smokescreen to get the constitution changed. The members at the meeting were given a two hour presentation on security while the changes sought to the constitution/contract were hardly even mentioned and certainly not sufficiently explained to the members in order for them to make an informed decision on the matter. Now ExCom calls the scheme a “dead duck” and they admit that it is clear that they do not have the community’s support. Logically this also means that they do not have community’s permission to change our contract/constitution and the ethical thing to do would be to admit this and accept it.
ExCom are however hanging onto their newly acquired powers for dear life and have announced that they are implementing the changes and are printing the new contract/constitution. The bottom line is that we will not accept this and we will continue to fight it.
It must be understood that the Objectors’ main fight has never been about security. This has been explained again and again. Even ExCom admits that we have legitimate concerns about the constitution.
Since it’s inception, ExCom’s has had very little regard for the opinion of the homeowners. None of the contracts/constitutions of the past have ever been approved or adopted at a meeting of the homeowners. This fact alone makes this contract/constitution invalid. Even if ExCom tells us 100 times over that the contract/constitution is valid, it does not change the facts. It was not adopted by the members, it was not approved by Council, it was not lodged with Province or registered at the Deeds Office.
There cannot be a valid contract/constitution unless it is agreed to by all parties concerned and this contract is simply too dangerous to just sit back and accept it.
One of the Councillors suggested that we apply to have the condition removed from our title deeds. This will entail an application to Provincial Administration and we believe that it may be a viable option, should enough people be interested to go this route. If you too would like to have the title deed restriction removed from your title deed, please feel free to phone Anita at 084 3522 620 or e-mail me at koetsier@webmail.co.za. Details will also be posted on the website: http://marinadagamasecurity.co.za in the near future.
We have legitimate concerns about this constitution/contract and will not allow ExCom to do as they please.
A BRAND NEW CIVIC ASSOCIATION
Some concerned residents have banded together to form a new Residents’ Association. It is just a matter of time before the Marina Da Gama Association will cease to exist in its current form and Marina Da Gama does need an Association.
Some things will never change. Marina Da Gama is an officially proclaimed “Special Interest Area”. Amongst other things, this means that Council may not allow building plans to be passed if they do not comply with the architecture of the area and that you may not paint your home anything but white. As the
It is only natural that Council would want the residents of the area to be involved in the function of upholding standards. Council would prefer to liaise with one, representative body instead of with a thousand individuals, so, as the writing is on the wall for the Marina Da Gama (homeowners’) Association, it was necessary to establish a Civic Association. On
The main difference between this Civic Association and the Marina Da Gama Association is that the Civic Association is a voluntary organisation and that its membership may also include both home owners and tenants. Other than that, it basically does the same as a homeowners association.
The Marina Civic Association is a genuine attempt to look after the interests of the whole
VOICE YOUR OPINION
Should anyone wish to get up-to-date information about Marina Da Gama, ExCom’s official website is obsolete. Their last update was done in July 2004.
I was therefore pleased to see that an enterprising resident of the
The website is a work in progress, and I am sure that, with your input, it will rapidly develop. Enjoy!
CONSTITUTION - WHAT IT MEANS
Surprisingly enough, very few people understand that there are constitutions other than the National Constitution. A constitution is a legally binding contract. The Marina Da Gama Association’s constitution has got absolutely nothing to do with our National Constitution.
Because of your title deed restriction, the Marina Da Gama Association’s constitution would be a legally binding document which can and will be enforced by a Court of Law. By accepting this constitution, you are binding yourself to whatever it dictates, regardless of our National Constitution. Even should it contravene the National Constitution, you would have willingly given up the rights enshrined in our National Constitution. It is therefore imperative that you take this constitution/contract seriously.
As you are reading this, please ask yourself this question: “Have I read the Marina Da Gama Association’s constitution?” If your answer is “no”, then ask someone to kick your butt. It is stupid to submit to a contract which you have not even read.
People are not to be trusted. This has been proven over and over and I am sure you do not need me to give you examples. The current ExCom may be as good as gold, but committee members change on a regular basis and proper checks and balances are not in place to protect you.
We believe that, on any major decision, ExCom should be forced to get an absolute majority (80%) of the entire membership’s vote in favour of such a change, regardless of whether you have paid your subs or not.
Currently, ExCom can make major decisions on the vote of only 40 people. The quorum for a meeting is 60 members. So, if 60 people turn up at a meeting, 40 people may decide to change your levies to R1 500.00 per month because you could not or did not bother to attend the meeting. This decision, taken by 40 people will be binding on you, whether you like it or not, and you will be legally forced to pay.
To make matters worse, ExCom says that it is not even necessary to notify you of the meetings. At the June 2005 OGM, about 20% of the membership were not notified because they do not live in the
The simple answer to this, is you are not. Members should wake up before it is too late.
The above is only one example of the dangers, and I can write a book about this constitution and the dangers enshrined therein. I would not sign this contract with my brother (whom I trust completely), never mind with a committee whose membership’s only constant is change and whom I have no control over as ExCom members are regularly co-opted onto the Committee without being voted in by the members. I would never accept this constitution, as it would mean giving them a blank cheque. I believe that any person with even a little bit of legal knowledge, would advise you not to sign this particular contract.
You cannot afford to be passive about this constitution. If you do not act or get involved, you are accepting it and, if it does get implemented, you will be bound by it.
You may feel that we are exaggerating, but at least now you will never again be able to say that you have not been warned. This is not the rantings and ravings of lunatics. We have read the constitution and are scared. Have you?
FUNCTIONS OF A HOMEOWNERS’ ASSOCIATION
A Homeowners’ Association HOA, is very similar in function to a Sectional Title Scheme. It is a central controlling body, whose function it is to charge levies to homeowners to maintain common property.
Marina Da Gama used to have common property when Anglo American was still part of the development. This is no longer the case, as Anglo donated all common property to Council.
Because rates and taxes have to be paid on common property, Council required a HOA to be established, which is why it is in our title deeds. Since Anglo gave away our common property, there is really no further need for a HOA.
I, like most of you, only became aware of the title deed restriction on my property after I had purchased my home. Previously, estate agents got away with not disclosing the fact that we had a HOA in place, because our yearly subscriptions were negligible, but this will no longer be the case if the changes to the constitution are implemented. Prospective buyers will be informed and will have to be given a copy of the constitution before they buy.
A bad constitution can only reduce property values.
We do not have any common property, no security village or private estate.
They have advised us that we should apply to have the title deed restriction removed. See article named Association Matters.
The Civic Association is a voluntary association. Because of the fact that members voluntarily sign up, it normally carries more weight with Council than a HOA. Their main function is to deal with Council on our behalf, to maintain standards in the area and address common problems.
BUILDING PLANS AND YOUR RIGHTS
Building plans have always been a major issue in the Marina.
The Association only has the right to comment on building plans. They do not have the right to “approve” plans or to tell you which architect/draughtsman to use. Most certainly they DO NOT HAVE THE RIGHT TO CHARGE YOU AN INSPECTION FEE OR A DEPOSIT. Council frowns on this practice and have told the Association so, but Excom persists.
Firstly, please ensure that your plans conform to the design manual for Marina Da Gama. We are a declared “Special Interest Area” and conditions do apply. Council will not pass your plans should they deviate from the standard architecture. (A copy of the manual can be obtained from the Marina Da Gama Association’s offices.)
Mr. Carter, (Council’s Planning Department), told me that you may submit the plans to Council together with a letter stating why you do not want to submit them to the Association yourself (you can say that you do not want to pay their inspection fees or deposit). Council will then forward a copy of your plans to the Association for comment. Excom has 30 days to do so, after which you can ask Council to process the plans in the normal way. Should Excom have any comments, Council will consider them and the process will follow the same route all plans go should a neighbour object.
So by the way, the Association has a huge amount of unclaimed deposits (I believe it is more than R300 000.00) still owning to owners regarding deposits for building plans. The money is just sitting there, so please, if you have any moneys owing to you, go claim it.
Should you have any problems or need any help, please feel free to phone me on:
084 3522 620
2 users commented in " Marina Da Gama Newsletter Nov. 2007 "
Follow-up comment rss or Leave a TrackbackI would not mind taking the title-deed condition off my title deed. I am so glad that I am not the only one who is fed up with the arrogance of this association. They think they can do what they want. Thank you.
SAM
I also support that the restriction removed from my title deed. Lets go for it.
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