Now about the MDGA.
To put this now in a nutshell is as follows.
According to what I see here is that the MDGA is legal but the constitution is ilegal. The choice is now do you scrap the constition and put a new one in place as you can not have a Association without a constitution.
The old one has power to dictate. It clearly says that your house must be white;your verges to be neatened and your wall to be 2.1m in height and be visible pleasant to the eye. No scrap to be in front of your house like broken rusted trailers and cars.If any of these rules are broken you get a letter of demand. You might land up in court. You are also forced to be a member at R170 a year.
The new one which be in place will be voluntary. Will have no power over you. You can paint your house any colour – in my case I like purple. Do not need aproval from the commitee to put up my double garage made of zink plate as council do approve it – harsh financial times these days. My grass can grow to the lengh I want and my vehicle that was written off and rusting away can park in fron of my house. You will save a whole R170 a year and the area will then really become a special area. Can you imagine the rainbow colour houses we will have instead of that bright white.
I think we should vote on the new constitution. It sounds very democratic and open minded. I do not say this in a sarcastic manner because I feel strongly to the freedom of choice. Why should I be dictated by a few who has no real interest in my needs. That little clause I have will also have no meaning to me.
If this what the people want then it should be done and put in place. The members should have the right to freedom of choice.
If admin will allow it I would like to have a new forum opened up on this website. It will display both sides of the story and open it up for discussion.
11 users commented in " At the Request of Mr. Lee "
Follow-up comment rss or Leave a TrackbackThis was put up quickly. I have not had a chance to put both sides of the story together yet. Can we remove it and put up a proper one with facts attached. I will have it ready by this afternoon
Mr Lee, you forgot the most important parts. The Marina da Gama Association may be legal, but it is not the association referred to in my title deed, and therefore is already a voluntary association.
Council has the right to approve or reject building plans. NOT THE ASSOCIATION. The Association only has the right to comment on them. Just like a neighbour would have if you were to build a garage on your boundary line. Council may, in their sole discretion, accept of reject the Association’s comments. Council may, and have, approved building plans without the Association’s permission.
The Association does not regulate the white walls. It was regulated (made Law) in 1987. ONLY THE CITY ENGINEER OF LOCAL GOVERNMENT (Council) MAY ALLOW CHANGES TO THE COLOUR OF THE WALLS. It’s the Law. Again, it has nothing to do with the Association.
Council by-laws prevent you from having your grass any length you want or having an old rust-bucket on the street.
If the Association want to force people to do anything, they have to do so through Council or the Courts, just like a voluntary ratepayers’ association.
My question is… Why do you think everything will fall apart if we don’t have bullies around? Why should Marina Da Gama start looking like Vrygrond? What about Tokai, Constantia, Kirstenhoff etc. They don’t have home-owners’ associations bullying them and people do seem to look after their properties there. Do you really believe that the people of Marina Da Gama have less pride in their properties?
Unfortunately, due to the fact that comments were already made to this post, it cannot be removed. Feel free to write another post. In most cases we submit to such requests, but please take note that we do reserve the right to place it or not.
It is already falling apart.
Tokai, Constantia, Kirstenhoff is exclusive to the higher class of working people and they have the urge to make sure that their house prices keep on going up.
Take a walk around the area and you will see that the Marina is not that special area any more. Houses is grey in colour instead of white. Wooden fences is rotten and some even beyond repair. Scrap is parked in front.
People have lost the urge to do what needs to be done. maybe because of the financial pinch or just plainly dont care attitude.
Now what?
Do the MDGA ask to have that repaired or do they leave it. If they ask they are then told they are dictators. If they leave it then it becomes worse to the point of no return. Start to look like Vrygrond.
We all know that if you ask council to intervene you are asking for a miracle.
What will happen if no one volunteers to become commitee members at the upcomming AGM.
Does the MDGA still excist or will they be disbanded.
Who will pay the debts.
What happens to the money.
If they have no power to inplement anything why should they waste their time by volunteering for something that has no real meaning. It is only a name then.
So Leon, what did the Deeds Office tell you about the MDGA name change?
And does your title deed really say that you ‘own’ the SMRC?
If no-one volunteers to become committee members, we will have a street party and dance till dawn. The money can be used to pay any debts (although there should not be any) and use the rest to buy bubbly for the party.
Good question though. Why are you wasting your time volunteering?
If the MDGA dissolves, the spoils are divided amongst the members (just not the deposit money). Now don’t get excited. The SMRC is a bit different – you don’t get a share of the proceeds if the property is disposed of.
The deeds office said that any Association has the right to change their name as the rules stay the same. No Associations is however registered with them. You know this very well. Testing people is cruel.
And yes it does say that I own the ground on which SMRC is standing on until I sell then it gets transfereed to the new owner as part of the privilige to stay in San Marina.
Give me your details and I will mail it to you. At least I can see who JT really is.
My cut feeling says that you stay in San Marina as you know a few things that other people do not know. Where you at the AGM?
I also have a feeling that you stay alone – to play around on a PC 12 pm at night . No one to play with – physically?? Or do you enjoy being in front of the PC.
The virtual world is not real. I hope you realise that.
The SMRC is a bit different – you don’t get a share of the proceeds if the property is disposed of – Why not. All 268 owners have the same right solong they are paid up.
Leon, you’re getting waaaaaay too personal now enquiring about my playmates. As for being on the computer late at night, we don’t all have a curfew and fixed bedtime you know. I guess I’m one of those lucky folk who get to manage their own time – at work & at home, day & night. I have very understanding playmates
Regarding the SMRC property, you’d better make that 267 because the title deed in front of me says sweet fanny adams about ownership. You should check them all, Leon – who knows, perhaps you are the sole owner! Imagine that, you’d be an instant millionnaire.
The Deeds Office may not register associations, Leon, but they do need to be notified of amendments to names of associations mentioned in title deed restrictions. Why? So that when someone buys a property they know what they’re buying. Where does one go to establish the details of and other incumbrances attaching to a title deed restriction? Yes my boy, the Deeds Office. And you’re quite right, they have no record of the Marina Da Gama Association.
Leave A Reply