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1.
NAME
The ratepayers'
association shall be known as "Pearly Beach
Ratepayers' Association". (Further in this
constitution it is referred to as "the association") Back
2. OFFICE
The office of the
association shall be at the residence of the Secretary
for the time being of the Management Committee. Back
3. MEMBERSHIP
3.1
Membership of the association is restricted
to the following categories:
3.1.1
registered owners of developed or undeveloped
land in the Pearly Beach township;
3.1.2
persons in the process of buying landed property
in the Pearly Beach township after the deed
of sale has been duly signed;
3.1.3
spouses of members in terms of sub-clauses
3.1.1 and 3.1.2 if the members so desire;
and
3.1.4
bona fide permanent occupiers of property
in the Pearly Beach township for a period
of not less than one year.
3.2
To become a member of the association the following
procedure must be followed:
3.2.1
A person wishing to become a member of the
association shall be proposed and seconded
in writing by members of at least one year's
standing.
3.2.2
Application for membership is done on a form
available from the Secretary or Chairman.
The application form duly completed shall
be submitted to the Secretary with a crossed
cheque or postal order covering the appropriate
entrance fee and annual membership fee for
one year.
3.2.3
The Management Committee considers the application
at any one of its meetings during the year
and if it is approved the applicant is issued
with the constitution and copy of the minutes
of the last Annual General Meeting as circulated
in terms of clause 8.3.3. Back
4. ENTRANCE
AND MEMBERSHIP FEES
4.1
Every member shall pay an entrance fee on entry
or re-entry into membership as well as an annual
membership fee.
4.2
The entrance fee and membership fee shall be
determined by the Management Committee and ratified
by the Annual General Meeting from time to time
according to the needs of the time.
4.3
The membership fee applies to one calendar year
which covers the period of the first day of
January to the thirty-first day of December.
4.4
The membership fee of a particular year is in
arrear if it has not been paid at least one
hour before the commencement (as scheduled)
of the Annual General Meeting which is due to
take place before the end of that particular
year. A member whose membership fee is in arrear
may not vote at the Annual General Meeting.
4.5
A member whose membership fees are in arrear
for two years forfeits his membership of the
association automatically. Back
5 OBJECTIVES
The objectives of
the association are as follows:
5.1
To represent and protect the interest of its
members in relation to the aforesaid area as
a whole;
5.2
To liaise with the relevant local authority,
thereby striving for the improvement of living
conditions in the said area by paying particular
attention to:
5.2.1
The maintenance and improvement of the water
supply;
5.2.2
The maintenance and improvement of the electricity
supply;
5.2.3
The provision and maintenance of health services,
roads and streets, open spaces, parking grounds,
playing fields, sporting amenities, camping
and picnicking sites;
5.2.4
The prevention and fighting of bush fires;
5.2.5
The control of beaches, and
5.2.6
The enforcing of applicable local laws and
regulations.
5.3
To provide input to and monitor the budget and
relevant expenditure of the local authority.
5.4
To protect the flora and fauna and marine life
of the said area and its surroundings.
5.5
Generally to further the interests of the community
residing and/or owning property in the said
area. Back
6 MANAGEMENT
COMMITTEE
6.1
At the Annual General Meeting of members, a
Management Committee shall be elected from among
the members consisting of a Chairman, Vice-Chairman,
Secretary, Membership Secretary/Treasurer and
three additional members.
6.2
Any vacancy of the Management Committee that
may occur between two Annual General Meetings
shall be filled up by the committee by way of
co-option from members of the association.
6.3
The Management Committee shall meet as far as
possible once in every second calendar month.
6.4
Four members of the Management Committee form
a quorum.
6.5
The Management Committee shall have the power
to invite members, officials and representatives
of other bodies to attend its meetings and accord
them the full right to take part in the discussions
but not the right to vote.
6.5.1
The Municipal Representatives will become
"Ex Officio" members of the Management
Committee.
6.5.1
If any member of the Management Committee
is elected onto the Municipal Council he/she
will automatically become an "Ex Officio"
member and the Management Committee will fill
the vacancy as in 6.2 above.
6.6
The following rules apply to the election of
the Management Committee:
6.6.1
A separate nominations roll is drafted for
every office bearer while a single roll is
drafted for the additional members.
6.6.2
The election follows the order of Chairman,
Vice-Chairman, Secretary, Membership Secretary/Treasurer
and additional members. The Chairman shall
not call for nominations for an office bearer
of the additional members before the election
of the office bearer preceding them in the
order of election has been completed.
6.6.3
Nominations shall be heard from the floor
and received by the Chairman if duly seconded.
6.6.4
The name of nominees shall be clearly displayed
in front of the hall for everyone to see.
6.6.5
Voting shall take place by ballot. A voter
may not write down more names on a ballot
paper than the number of persons required
to be elected by the particular ballot.
6.6.6
There shall be no voting by proxy by anyone
who is absent from the meeting.
6.6.7
The Chairman appoints two or more members
as polling clerks. After they have counted
the votes cast in a ballot they shall hand
the result in writing to the Chairman who
shall announce it to the meeting.
6.6.8
To be duly elected a nominee must draw more
than half the total number of votes cast in
a ballot. In the event of a tie a decision
shall be reached by the drawing of lots.
6.6.9
The acting Management Committee remains in
office till the end of the meeting when the
newly elected Management Committee assumes
office and the Chairman-elect closes the meeting. Back
7. FUNCTIONS
OF THE MANAGEMENT COMMITTEE
The Management Committee
shall exercise all the powers and rights of the
association not specifically reserved to general
meetings of members and without detracting from
the generality hereof, shall have the power to:
7.1
Open and administer a banking account in the
name of the association.
7.2
Appoint officials to endorse cheques and other
legal and financial documents.
7.3
Liaise with the local authority to prevent interference
with the water supply and to prevent the waste
of water.
7.4
Take steps to get the association represented
on other bodies such as the committee of the
local authority.
7.5
Make representations to the local authority
and other official bodies and individuals in
relation to matters in which it is concerned. Back
8. GENERAL
MEETINGS
8.1 An Annual
General Meeting of members shall be held during the period of
15 December to 15 March, at a place, date and time determined
by the Management Committee. The Management Committee may, when
it deems it necessary, call a special general meeting and it
is obliged to do so on the requisition in writing by any five
members.
8.2
The business of the Annual General Meeting of
members shall be:
8.2.1
The election of the Management Committee.
8.2.2
The consideration of the Annual Report of
the Management Committee.
8.2.3
The consideration of the Financial Report
and the Auditor's Report for the past year.
8.2.4
The consideration of and voting upon motions
and proposals tabled by the Management Committee
and members.
8.2.5
General business.
8.3
Rights of members and non-members:
8.3.1
Members have the right to place matters for
discussion and resolution on the agenda of
the Annual General Meeting provided that they
submit such matters in writing to the Secretary
at least six weeks prior to the Annual General
Meeting.
8.3.2
Persons who are not members of the association
may participate in the debates of the Annual
General Meeting only after the meeting has
voted its consent. Such persons have no right
to vote.
8.3.3
The Minutes of the Annual General Meeting
shall be circulated to all members of the
association within 60 days of the Annual General
Meeting. Back
9. PROCEDURE
OF MEETINGS
The procedure of
Management Committee meetings and general meetings
is conducted by the Chairman. He decides all points
of order but shall have the power in his entire
discretion, to refer any point of order to the
meeting for decision. Motions of order are decided
by the meeting without prior discussion by a majority
vote. Back
10. NOTICES
OF MEETINGS
Notices shall be
given in reasonable time of any meeting of the
Management Committee and of a general meeting
of members, and such a notice shall clearly state
the date, place, time and agenda of the meeting. Back
11. MINUTES
OF MEETINGS
The Secretary shall
keep minutes of all meetings. At each meeting
the minutes of the previous one shall be confirmed
by the members and signed by the Chairman and
Secretary. Back
12. MEMBERSHIP
ROLL
The Secretary shall
keep an up-to-date register of the names and addresses
of all members. Members shall notify the Secretary
from time to time of any change of address. Back
13. TREASURER
The Treasurer shall
keep accounts showing all moneys received and
disbursed on behalf of the association, and also
a record of its assets and liabilities. All books
and accounts shall be audited annually by a person
or persons appointed by the Annual General Meeting. Back
14. ALTERATION
OF CONSTITUTION
The Constitution
may be altered by a majority vote at a general
meeting of members, provided that written notice
of such a proposal be circulated to each member
at least thirty days before the meeting. Back
(Reprinted:
March 2005) |
