In the past year, while many residents in the San Marina were being bullied, had their furniture confiscated by the sheriffs and blacklisted. The finances of the San Marina Recreation Club was being mismanaged. According to the recent audited financial statements of the SMRC, there was a healthy surplus of R71,026 at the end of 2008, the club is now showing a deficit of R67.022. A difference of mor than R138.000. Operational expences increased by more than R70.000 representing an increase exceeding 80 percent, while income from subscriptions decreased despite all the money spent on lawyers. If this is not shocking enough, there is a proposal to increase subscriptions to pay salaries of R4500 each to two people to maintain the clubhouse.If you are able to make it for the meeting, please email us at gonowleon@gmail.com or contact or sms 083 410 4645 or 083 5056911 to arrange for a proxy if you not able to do it yourself.Contrary to what is being suggested in the proxy form that was given to SAN Marina residents, you can nominate anyone as a proxy even a non member, according to clause 16 of the constitution of the SMRC on the website.LETS RID SAN MARINA OF THIS CURSE
Marina Da Gama:Security
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Support removal of a insecure “Bully”
Posted on October 17th, 2009
by admin in Declaration of war
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30 users commented in " Support removal of a insecure “Bully” "
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A blank thought since 17 Oct 2009.
Times must be getting tough out there as I have noticed there is no comments on this website since 15 July 2009. No one can afford internet access anymore??
This site is getting boring now. I am moving onto another site where the attacks on individuals are better.
Will post the link later.
Leon, you are an idiot
To the real “idiot” (Richard??)who distributed the above “cartoon” in San Marina residents letterboxes, please answer the following questions:
1 Are you up to date with your subs?
2 Have you read your Deed of Sale/Transfer where there is a clause that you,as a San Marina resident, are compelled to belong to the S.M.R.C. (as well as the M.d.G.A.)?
3 Are you distributing the notices so as to try to get out of paying your arrears?
4 Have you ignored your accounts and have now been handed over to the attorneys?
5 If yes to the above, try paying your R50 per month then you will not have a problem.
6 Would you adopt the same attitude should you not pay your rates,income tax, car licence etc. and have the authorities take legal action against you.?
I have been a resident of San Marina for the past 11 years and have never had a problem with the club – Why? – Because I have never been in arrears. I enjoy the facilities and find that R50 per month (R30 if you are a pensioner)is a small amount to pay for my family and I to enjoy the facilities.
Dakmak Dakmak I can see you miss apartheid. I heard it was good back then, less crime and grime etc. But sh@t happened and we now have a democracy and there is something called freedom of assocation. Which mean you cannot force membership of a private club. This seems to be the point that Leon’s fan club cannot seem to get
Despite all their sh@t have you heard of Julius Malema’s ANC Youth League members being blacklisted because they not paying their membership fees. Even they seem to get the point
Dakmak I can see you miss apartheid. I heard it was good back then, less crime and grime etc. But sh@t happened and we now have a democracy and there is something called freedom of assocation. Which mean you cannot force membership of a private club. This seems to be the point that Leon’s fan club cannot seem to get
Despite all their sh@t have you heard of Julius Malema’s ANC Youth League members being blacklisted because they not paying their membership fees. Even they seem to get the point
Please do not fight. The war is over.
The new elected commitee is going to make sure that the club’s membership will become voluntary and the dictatorship of forcing individuals to belong to something they do not want to belong to will cease.
I wish the new chairman / lady good luck for the future.
Just let me know when the clause in my deed is no more warrented so that I can cease being a compulsary member.
The following needs to be determined by him or her though and the impact of this democratic right to freedom of assocation and the legitimacy of it before we can celebrate.
What is the process and cost to have the clause that makes me liable for subs to be removed from my deed of transfer?
THE SAID IS SUBJECT TO OR SHALL BENEFIT BY:
(i) the servitudes, other real rights and conditions, if any, as contained in the schedule of conditions referred to in Section 11(3) (b) and the servitudes referred to in Section 28 of the Sectional Titles Act, 1986 (Act No. 95 of 1986);
or
SUBJECT FURHER to the following condition contained in Deed of Transfer No. T86477/1995 and reserved by the Seller in favour of the San Marina Recreational Club, namely: -
“the within property may not be transferred without the written consent of the Trustees for the time being of the San Marina Recreational Club of which Club the purchaser and the purchaser’s successors-in-title shall be obligatory members for as long as the purchaser and the purchaser’s successors-in-title is/are the registered owner(s) of the said property”
What is the process and cost to legally remove it from the constitution
“Membership of the club shall be compulsory for every registered owner of residential erven or sectional title units within the development on Erf 93663 Cape Town at Muizenberg, known as San Marina.
Such membership shall commence simultaneously with the transfer of a residential Erf or sectional title unit into the name of the transferee and the registered owner shall not be entitled to resign as a member of the club.
The subscription of the Erf, or sectional title unit is the responsibility of the owner”
What is the financial impact on those who are willing to stay on as members of the club?
This needs to be resolved once and for all so that we can move on.
We now have a democracy and there is something called freedom of assocation which I would like to benefit from.
Imagine that the above can be done. I will be saving a whole R50 a month that equels to 2 bottles of red wine extra per month for me to get p!ssed on.
Good luck to all involve making this happen for me.
Viva to democracy!!!
Viva to freedom of assocation!!!
What on earth does apartheid have to do with not paying ones dues to a non-racist club? Hottie, are you also one of those people who “plays the racist card” when they don’t know what else to say? I am sure that if J.M. belonged to the S.M.R.C. and did not pay his subs, he too would have had action taken against him.
The SMRC is a purely social club and by implication falls foul of the Constitution which endorses freedom of association. It’s like forcing someone to belong to a gym or soccer club – unless it falls within the perimeter of a private estate there really is no compelling reason why certain property owners in the surrounding suburb should be forced to join. All the more so when the ‘exclusive’ membership is scuppered by opening the club to the entire Marina. As for how much it costs and whether the facilities are of benefit or not, it’s a matter of personal taste, choice and perception. Who will fund the club if made voluntary? The voluntary members – who will comprise people who genuinely want to belong to the club and use the facilities. Like all other clubs.
I say make it happen. Do not talk about it.
Show me it can be done.
I also want to be voluntary member like most
Who is going to make it happen – hopefully the anti bully boy club can do it as they know it all.
Show me you are not just a loud mouth – make it happen.
I will be waiting with great anticipation on the good news.
The new elected commitee is going to make sure that the club’s membership will become voluntary and the dictatorship of forcing individuals to belong to something they do not want to belong to will cease.
Leon is this true, or are you just giving us hope? Because if you’re joking, that would just be cruel.
I would like to ask jt (Who has always had a lot to say about the S.M.R.C.) a question. Are you a resident of San Marina or do you stay in one of the other “boroughs” of Marina da Gama such as Eastlake? If you are not a San Marina resident then the running of the club should not concern you.
The new elected commitee is going to make sure that the club’s membership will become voluntary and the dictatorship of forcing individuals to belong to something they do not want to belong to will cease.
This was a proposal and mission brought forward by some of the newly elected commitee members. So I would presume that they are going to do it. It was minuted. View http://www.sanmarina.co.za if you do not believe me.
Therefore it is no joke.
I am hoping very much of being a voluntary member by the next AGM. If not I will be quite dissapointed because it would mean that they where speaking through their @ss and not their mind at the 2009 AGM.
Dakmak – you have issues
Please answer the question jt!! Are you a resident or owner of a property in San Marina – Yes or No?
No more fighting please. Let us all join hands and fight for our freedom of assocation. Let us fight to become voluntary members.
Lets us have reconciliation and leave the past behind. We have a new vision and mission to achieve.
Let us kill the dictorship and live democratically
i’m getting this dejavu feeling here… dakmak, you sound remarkably similar to the ceaseless tv ads that chirped nonsense during one of our previous debates with leon. have you changed your name? yes, no, maybe? whatever. do yourself a favour and read the Constitution. not only is it a truly enlightening document it is also the supreme law of our land. then ask yourself if the smrc, and the mdga for that matter, are still relevant. as for where i live – definitely not in a ‘borough’. now try be nice for a change.
Loen, right now would be the time when I would get really frightened, if I were you, as YOUR title deed says that you are an OWNER while most of the other home-owners’ title deeds only mention enforced membership of the club. Just imagine being lumped with the entire rates bill all by yourself! Not to mention the cost of upkeep and maintenance
I did make an offer to buy the club in the past but lamp chop could not get enough signatures for me.
Maybe she should try again. I might be lucky this time around.
Imagine what I could really accomplish being the sole owner of the club.
Yes jt, I have changed my name. Now that I have answered your question honestly, please answer mine. For the THIRD time – ARE YOU A SAN MARINA HOME OWNER OR RESIDENT – YES OR NO?
It is not a difficult question to answer. I get the feeling that you are trying to avoid answering the question so as not to feel embarassed and that you are, in fact, not a San Marina resident. I used the word “borough” (in inverted commers) as it is used in the “Boroughs of New York” – No offence intended. As for the “chirped nonsense” – The truth hurts!
dakmak – trust me, i have nothing to be embarassed about regardless of where i reside. i just happen to think that where i live has nothing to do with you and even less to do with the issue of enforced membership of associations like smrc and mdga. as for the rest of your post i have no idea what you’re on about.
Well folks, there we have it. It seems that jt does not want to admit that he/she is not a San Marina resident and is merely someone who can’t resist poking his/her nose where it does not belong.
The clubhouse membership is a contentious issue for S.M.residents and we certainly do not need outsiders adding their tuppence worth over an issue that does not concern them.
How glad I am not jt’s neighbour or work collegue.
Jt, in future save your comments for MdGA issues and leave us to sort out our own problems. Your interference is not appreciated.
oh dakmak stop being so sensitive. and stop jumping to such radical conclusions. this is a public forum where anyone can voice an opinion on any issue – heaven knows you do. have you read the constitution yet or is that too much like hard work? perhaps beyond your comprehension? by the way, ‘you’ smrc members clearly haven’t sorted out ‘your’ problems and how many years has it been now?
Well said Dakmak.
Dakmak what do you drink because it is the best statement so far on this blog.
Let me know where you stay so that I can personally deliver it and shake your hand. If not come and see me.
You should know who I am – the past bully boy of SMRC and you should know where I stay – look out for the “heil bully boy” flag.
oh come on leon you know dakmak lives virtually on your doorstep so why pretend you don’t know him. you probably drink together all the time hey? down by the club…
leon sweetie are you still on the mdga excom? won’t you be a honey and let us know when the agm is going to be held so that we can plan our holidays. by my calculations the deadline has already whoosh come and gone. does that mean no levies for 2010 then?
p.s. let dakmak play outside with your clever daughter
How fortunate that we, the residents of San Marina are to have our very own spokesperson in the form of jt, albeit self appointed. We once had, or still have, the stigma of being known as the “poorer cousins” of Marina da Gama but now it seems that we are also considered to be the “stupid cousins” and have to be constantly reminded of the Constitution and “Freedom of association”. How reassuring it is to know that jt is there for us – Free of charge nogal!
Jt, thanks for informing me about the Constitution. Since 1997 I have had a booklet titled The Constitution of the Republic of South Africa and yet all this time I thought it was about constipation and therefore never bothered to read it. How stupid of me! You see I am not very well educated and the person who gave me the booklet always said that I was full of cr@p.
You are quite correct, this booklet does make interesting reading. Since I have started reading it I have hardly been able to put it down. I am now on page 3 (I cannot read too quickly). In my excitement, however, I looked ahead to Paragraph 18 of the Bill of Rights and it does mention “Freedom of association”, however paragraph 36 also says something about “Limitation of rights”. Could you please explain the latter to me? Please do not use big words as I may not be able to understand – Rather draw pictures where necessary. Could you also please explain how come the clauses in our Deeds of Sale/Transfer are still legally binding if the Constitution overrules it? Seeing that you are so well versed on constitutional matters, maybe you should conduct a workshop with the magistrate who ruled in favour of the club in a court case a while back and impart your superior knowledge – Leon, I am sure, will still be able to provide you with the details.
Hey Leon, let’s have that drink at the club as jt mentioned. I would never have thought about having a drink at the club had jt not mentioned it. What would we do without jt?
so there are others who also think dakmak’s full of cr@p? now why am i not surprised…
dakmak, i genuinely feel sorry for you cos you’ve got some serious inferiority complexes going on over there inside your head. have a drink and chill ok? life’s not that bad. really it isn’t
Thanks for feeling sorry for me jt, I will take your professional advice and have a drink (or two) and chill. I didn’t know you are a qualified psychiatrist as well as an authority on constitutional matters. Will you also provide your psychiatric services free of charge to us underprivileged San Marina residents? Maybe when I grow up one day I will be just as clever as you.
Leon’s daughter and I used to play outside together however Leon put a stop to it for fear of her becoming just as stupid as me.
Oh, for goodness sakes, just stop these personal attacks and grow up. This is a forum for the issues at hand, not one for petty, not so clever digs at one another.
Ok Martin, I get your point. Personal bantering aside, let’s look at the issue at hand.
The clubhouse was “thrust” upon the San Marina homeowners by the original developers, albeit with good intentions.
The clubhouse has to be maintained. Electricity, water, rates, etc. has to be paid. In view of this there is a clause in every S.M. homeowner’s Deed of Sale/Transfer making membership to the S.M.R.C. compulsory. In order to make membership voluntary, this clause will have to be removed from the Deed – At what cost and to whom?
When one buys a property in San Marina, one should be aware of the clauses concerning membership to S.M.R.C. as well as M.d.G.A. By signing the documents, whether personally or under power of attorney by the transferring attorneys, one accepts these conditions.
Some homeowners do not want to be members and some have refused or have been advised not to pay their levies. This resulted in some homeowner’s levies becoming considerably in arrears.
The previous committee(s), and not Leon alone, took the decision to be more proactive in recovering the arrears and started instituting legal action in terms of paragraph 8.2.3. of the club’s constitution.
Whether the so called “forced membership” is legal in terms of the Constitution of the Republic of South Africa is something, I feel, has to be tested in a court of law. Speculation about the legalities by jt, Leon, Hottie, myself, etc. is just that – speculation.
Derogatory “cartoons” such as the one posted above and also distributed into the S.M. residents’ letterboxes is not helping matters.
If the above matters can be resolved then maybe we, the S.M. residents can all live in peace and harmony.
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