Proposal for a Special General Meeting: submit proposals by 14 January 2009

Beste Huiseienaar

Graag wil ons van die geleentheid gebruik maak om u voorspoed toe te wens vir 2009. Mag dit ‘n geseënde jaar wees vir u en u familie.

Ons het in Desember die notules van die Algemene Jaarlikse Vergadering uitgestuur asook die voorstel van die hou van ‘n Spesiale Algemene Vergadering vir bespreking en besluitneming van die hantering van die bou klosjule wat in Januarie 2009 inwerking tree vir eienaars wat in Januarie 2006 oordrag geneem het. As gevolg van tegniese redes is ons nie seker of almal dit gekry het nie en sal graag van die geleentheid gebruik maak om dit weer aan te stuur. Let asb daarop dat die sperdatum van terugvoering in die skrewe deur gegee word as 5 Januarie 2009. Inaggenome die feit dat dit ook in die feestyd uitgestuur is wil ons graag die datum vir terugvoering aanskuif na 14 Januarie 2009.

Indien u enige navrae het kontak asseblief die Landgoed by (021) 843-3610.

Groete

Corius Visser
Landgoed Bestuurder
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Dear Homeowner

We would like to take this opportunity to wish you all the best for 2009. We trust that this will be a blessed year for you and your loved ones.

In December we sent out the minutes of the Annual General Meeting as well as the proposal for a Special Annual General Meeting regarding the discussion of the building regulation which is applicable from January 2009 for homeowners who took transfer in January 2006. Due to technical reasons we are not sure that all homeowners did receive the emails and would like to resend the emails. Please note that according to the proposal the last date for response was on 5th January 2009. However, considering the fact that it was sent out during the festive season we would like to set the response date to 14 January 2009.

Should you have any enquiries please contact the Estate on (021) 843-3610.

Regards

Corius Visser
Estate Manager

CROYDON VINEYARD HOMEOWNERS ASSOCIATION
PROPOSED HOLDING OF A SPECIAL GENERAL MEETING

Dear Croydon Vineyard Homeowners Association Members

At the Annual General Meeting held on the 4th of December 2008 at 17:00 at the Croydon Vineyard Estate it was proposed that a Special General Meeting be called in order to make a decision with regards to Penalty Levies with regards to commencement of construction, as defined in clause 7.10.2 of the Constitution as follows:

“the Registered Owner shall pay double the amount of levies payable by the Registered Owner in respect of each month or part thereof beyond the prescribed commencement date that the Owner has not commenced construction on the Residential Erf;”

The construction commencement date as mentioned above is prescribed as follows in clause 5.2.3 of the Constitution:

“ensuring that the Registered owners commence construction of the dwellings to be erected on the respective Residential Erven within 3 (three) years from date of registration of transfer of the relevant Residential Erven into the Registered Owners’ name from the Developer (first transfer)…”

The options put forward in this regard are as follows:

Construction period remains the same.

Payment of penalty levies is deferred. (Resolution to amend constitution Attached hereto as Annexure “A” for consideration).

Construction commencement is extended to 4 (four) years (Resolution to amend constitution Attached hereto as Annexure “B” for consideration).

The legal process that needs to be followed for the possible amendment of the Constitution is as follows:

Clause 35 states that a general meeting needs to be held and should the outcome of the meeting be option B or C as mentioned above this would require adoption of a Special Resolution as well as written consent by Council.

In order for a general meeting to be legally constituted a quorum will need to be present as defined in clause 25.1 of the Constitution namely, representation of at least one half of the total number of votes of the members entitled to vote of the Association.

In order for a Special Resolution to be carried this will require a 75% majority vote by members present at the meeting by person or representation as outlined in clause 29.6 of the Constitution.

Due to the importance and implications directly to the members of the association it is the Developers decision to abstain from using its casting vote for the purpose of either calling the meeting or voting on the outcome, however reserves the right to utilize the votes entitled to it from the unsold erven.

In accordance with the above and the comments made at the Annual General meeting we request that should you have comments or suggestions with regards to the attached resolutions you please submit same to the Homeowners Association by the 5th of January 2009 in order for the final drafts of the proposed resolutions to be sent out with the official notice of the meeting.

Kind regards,
C Visser
On behalf of the Croydon Vineyard Estate Homeowner Association.
ANNEXURE “A”


SPECIAL RESOLUTION 1 PASSED BY MEANS OF A SHOW OF HANDS VOTE OF AT LEAST 75% OF THE TOTAL MEMBERS PRESENT ENTITLED TO VOTE OF THE CROYDON VINEYARD ESTATE HOMEOWNERS ASSOCIATION AT A SPECIAL GENERAL MEETING HELD ON ___________________________________________________

RESOLVED THAT:


Clause 7.10.2 that currently states:


“the Registered Owner shall pay double the amount of levies payable by the Registered Owner in respect of each month or part thereof beyond the prescribed commencement date that the Owner has not commenced construction on the Residential Erf;”

Be amended as follows:

“the Registered Owner shall pay double the amount of levies payable by the Registered Owner in respect of each month or part thereof beyond the prescribed commencement date that the Owner has not commenced construction on the Residential Erf. Payment of such double levies may be differed for a period of 12 (twelve) months bearing no interest and will be payable by the Registered Owner to the Association at the expiry of the 12 (twelve) month period”

Outcome:

The amendment as passed above enables the Homeowners Association to postpone payment by the registered owner of the penalty levies by 12 months at which time the levies for the period will be due and payable by the member to the association for the period in which it was postponed. In addition post the 12 month period the registered owner will be obliged to make payment of the penalty levy due by himself to the Association on a monthly basis should he fail to commence construction.




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ANNEXURE “B”


SPECIAL RESOLUTION 1 PASSED BY MEANS OF A SHOW OF HANDS VOTE OF AT LEAST 75% OF THE TOTAL MEMBERS PRESENT ENTITLED TO VOTE OF THE CROYDON VINEYARD ESTATE HOMEOWNERS ASSOCIATION AT A SPECIAL GENERAL MEETING HELD ON ___________________________________________________

RESOLVED THAT:


Clause 5.2.3 that currently states:


“ensuring that the Registered owners commence construction of the dwellings to be erected on the respective Residential Erven within 3 (three) years from date of registration of transfer of the relevant Residential Erven into the Registered Owners’ name from the Developer (first transfer)…”


Be amended as follows:

“ensuring that the Registered owners commence construction of the dwellings to be erected on the respective Residential Erven within 4 (four) years from date of registration of transfer of the relevant Residential Erven into the Registered Owners’ name from the Developer (first transfer)…”


Outcome:


The amendment extends the period in which construction is required to commence from 3 (three) to 4 (four) years.




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