Just a few minor points & questions you might want to apply your minds to for the benefit of your members:

1. The Marina News is controlled by whoever finances it and controls its distribution – now wouldn’t that be the MDGA and by default Excom? Was it the editor’s call to place that awful letter about AK on the cover page? If so, why didn’t the Chairman offer an apology in the next edition and distance the Association from such a distasteful act? I witnessed an Excom member whooping with delight…

2. My title deed restriction is very clear. I am not bound to any unlawful association, constitution or act. Period.

On to more serious stuff:
3. Exactly who were the Trustees of the Eastlake Association at the time that the trustees’ powers to alter the constitution were first transferred and were there subsequent transfers of these powers?

4. When did this happen and to whom exactly were these powers transferred? Were any conditions attached to such transfer? I guess we’ll never know without the Trustees’ Resolution required to effect such a transfer of powers (hint: very important document). I should think that the effective date of the resolution would also have some significance.

5. Who was it who authorised the new redrafted version of the Eastlake Association constitution? No, I mean who exactly? (hint: Anglo American is quite a large bag of rather diverse entities and people, and even if they or a representative of the group ‘approved’ the constitution it doesn’t automatically follow that ‘they’ were the Trustees of the Eastlake Association – they might have simply proffered their professional wisdom much as an interfering ‘Big Brother’ might do and in the belief that someone else was attending to the legalities).

6. What assurance do we have that a couple of individuals didn’t in fact intentionally hijack what was a legitimate association in law and convert it unilaterally in an unlawful manner into a body they could control? Without the old records and resolution book of the association it certainly appears to be a distinct possibility (hint: statutory records are normally handed over simultaneously with the transfer of powers as they belong to the organisation).

A few minor points:
7. If the association does not have an official register of members, does not verify its member register against Council and other official title deed records, where is the assurance that all members are notified of meetings and invoiced for subs? How many members did you say there are? And how many erven exist with this title deed restriction?

8. If the association does not maintain attendance registers, where is the assurance that the association isn’t contravening its own constitutional voting requirements? I refer specifically to the reference to a percentage of ‘…members present at the time of voting and entitled to vote…’, which if I’m not mistaken implies that anyone present and entitled, but abstaining, still counts as a negative vote. How do you count these votes without an attendance register?

9. Why do you need a list of objectors in order to call a meeting to address members’ concerns? Why can’t you just invite all the members and let them decide for themselves if they do or don’t wish to participate? It’s not a party although I suppose you could include an RSVP for catering purposes. It would of course be a discussion forum to which all members should be invited so that your legal counsel and other appropriate professionals can address the members’ concerns. Members, too, should be able to bring along their lawyers and accountants if they feel more comfortable having a knowledgable person engage on their behalf on technical points. Excom have demonstrated that they’re more than capable when it comes to calling meetings at extremely short notice when it suits them. So why is this so hard to do?

10. Does Excom comply with par 13.2 of the MDGA constitution? I don’t recall any ‘books of account’ being laid before any AGM I’ve attended. Would other members care to commment? Surely if a member isn’t able to attend an AGM he may view the books of account at the office? Why does Excom have such a problem with this? Your general attitude towards your members on this point reflects very, no extremely, poorly on the lot of you.

11. Do you think we might have the budget for the year we’re about to commence seeing as the subscription has already been approved? And what’s happening to the minutes? I’d feel a whole lot more comfortable knowing that a fresh pair of hopefully registered eyes has been appointed to scrutinize the records this time around. You’ve also issued an updated constitution incorporating the resolutions voted on at the 2007 AGM – surely this calls for the speedy issuing of the minutes supporting this?

12. Last one. Ask yourselves this question: if the association were to cease to exist, let’s say for lack of volunteers to serve on the Excom, the legal requirement for an association to exist in the Township Area would fall away – completely. So how critical is this association really and to whom? Why would Council or anyone else place any meaningful reliance on an association that is not only run by a bunch of volunteers (idiots for all they know) but also one that might disappear in the blink of an eye. Not to mention the fact that its existence probably causes Council a ton of extra work.

13. Ok last one promise. What happens if all the members withhold their subs and the association goes bankrupt? I am not being facetious here – I genuinely am interested to know what happens in such a case.

That really was the last one.