Section 12.1 of the new constitution of the Marina da Gama Association states that:
12.1 The monthly levies for each year shall be set at the Annual General Meeting which shall be held no later than 3 months before the beginning of the new financial year, at such time and place as may be determined by ExCom.
Notice has to be given in writing at least 21 days before the Annual General Meeting and, to date, ExCom have not yet called an AGM.
This leaves us with a very interesting scenario: ExCom has missed the deadline at which the amount of the levies can be determined by the AGM, which in turn means that, in terms of their own constitution, they do not have the right to charge any levies for the 2010 year at all!
Ladies and gentlemen. ExCom has missed the boat (again)!
9 users commented in " Newsflash! No levies for 2010 "
Follow-up comment rss or Leave a TrackbackJt you are a confused individual. Now you are confusing the rest of us.
A few months go you and Anita proved that the MDGA and its constitution is not legal. That is what I understood via this blog and all the emails I received.
I therefore withheld my 2009 subs.
Before you ask I am on the commitee due to the fact my levies for 2008 was up to date. I joined to be the voice for San Marina because as you know we as San Marina is seen as the poorer folk who is just there. You can not have an exclusive rich neighbourhood and not cater for the poorer folk like San Marina. Goverment will step in - look what is happening in Westlake. Plots are going for 3mil and more but next to them is low cost housing. Goverment wants the differance between rich and poor to shrink. We are all equal here in South Africa - not so.
Now you are telling me about subs that they may have legal rights to. That also will mean that they have the right to dictate for e.g the colour of my house.
What happened since you went to the human rights commision and the sub council meeting. I thought you won.
Where we lied to and given false hope?
Is the MDGA and its constitution legal or not?
Do they have legal rights to subs?
If all the above is no then what are you rambling about.
Leon.
For the record, JT had nothing to do with this post, (s)he has no administrative function on this website nor can (s)he post anything to this site without it being moderated by the administrators first.
I am sorry if I did not make things clear enough for you to understand. Let me try again:
The Marina Da Gama Association can exist quite legally as a VOLUNTARY association. For those people who choose to be members, there can be no subs for 2010.
The Association may NOT dictate the colour of your house. They can also NOT approve building plans, nor dictate the architectural styles. That is the EXCLUSIVE prerogative of the City of Cape Town and the City Engineer - by law.
From everything I have read here and elsewhere, you do NOT seem to represent the voice of San Marina and you certainly DO NOT seem to be the champion of the poor. If that is why you joined the ExCom, maybe it’s time to re-think your position there.
If you have any further questions, please do not hesitate to ask.
Hehehehe. Oh, another thought just struck me. How funny!! Half the Committee don’t live in Marina Da Gama or own any property here (ok, maybe half may be a bit of an exageration, but you know what I mean) and now you tell us that you are not up to date with your subs. Tell us, Leon, who on the committee actually conforms to your own rules and regulations? Do any of you have the right to be there in terms of your own constitution?
I think we are lied to. I think that the MDGA and its constitution is legal.
Who in the right mind will join as a VOLUNTARY member to a association who has no power. who will want to the have the privilige of been charged to be a members of such an assiociation. i will definetly do not want to. Why spend money on something that can do nothing for you.
I think I rather pay my subs. Look what happened to those poor folk who listened to the same kind of individual who said do not pay. You have freedom to association. Their furniture and even cars was taken by the sheriff.This all for a R50 a month. And they are blacklisted for following the liars who said nothing will happen to them.
I can not take that chance. I am going to pay my R189.
Nobody has challenged the above statement in court yet where the SMRC has done so. They proved to be legal and compulsary. How else did they win their court case.
I say pay or go do your own homework. Make sure of the facts instead of fiction.
Leon many people join voluntary associations. Hence the very many ratepayers’ associations, community police forums, historical associations and the like. And these associations can do as much (or as little) as yours can.
One of the big differences between the San Marina Recreational Club and the Marina da Gama Association is that the Association has no common property. Therefore, there is no reason for its insistence on compulsory membership or, indeed its very existance - other than as a voluntary association, doing what voluntary associations do.
Of course there are many other factors too and most of them have been explained to you before.
I would welcome the chance to prove my case in court. I have not paid my so-called levies/subs for several years now. Bring it on. Sue me
leon, i think you’re the one who is confused. what e-mails??????
MDGA Constitution…
7.3 Vacation of Office…
An Excom member shall cease to hold office as such if
7.3.7 …his subscription becomes delinquent…
i take it, leon, that ito the rules of your mdga constitution you’re no longer a member of excom? at least you’re still a member of the association, albeit a delinquent one, which is more than can be said of certain other excom members.
lost for words, leon? come on, tell us about ‘all the e-mails’ you received. what you seem to be completely missing here is that nobody is trying to prove anything for your benefit so if YOU stop paying YOUR levies YOU need to have YOUR facts straight instead of trying to trade off someone else’s hard work and efforts. all i’ve done is ask the mdga to clarify how they came to be the association referred to in my title deed as i don’t see the link. basic information you’d think. well,it’s been a while and i’m still waiting. ditto Council who seems to be more confused than you. now why would that be do you think?
Jt I was asked for the first time ever to vote on plans. What an dramatic experience. The vote was tough though. It looked really nice but did not comply with the building criteria of the Marina.
Also it was my last meeting with the MDGA so I can say now I have covered all aspects of the MDGA - admin , standards ; Archcom etc.
Council happen to be there and I must say that it is not everyday that you get a city official willing to assist in quiries. They where quite helpfull with their information.
What they told me was quite scary too specially if you think of building anything without any authorization from the different parties it will simply be demolished. All your hard cash down the tube.
For those thinking of doing building alteration I suggest you contact the city and the MDGA. They will give you the correct info - even past experience when it come to building materials.
I am thinking of building above my garage. Will asked them though before I start.
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