NOTICE OF SPECIAL GENERAL MEETING OF THECROYDON VINEYARD ESTATE HOMEOWNERS’ ASSOCIATION
(“the Association”)
NOTICE is hereby given that the Special General Meeting of the Association will take place on Monday the 26rd of March 2009 at 17:00. The venue for the Meeting is the Croydon Lifestyle Centre.
Please note that registration will take place from 16:30.
General Information:
Attached please find the following:
Special Resolution 2
Special Resolution 3
Proxy Form
The Special General Meeting, as requested by several members present at the Annual General Meeting, has been called for the sole purpose of voting for or against the attached resolutions.
Note that in terms of the following Clause of the Constitution, should either resolution be passed, the amendment will still need to be approved by Council and final approval and implementation of the amendment is dependant on their approval thereof:
35.2 Further to clause 35.1 above, any amendment or alteration shall during the Development Period, shall be subject to the prior written consent of the Developer and in respect of any amendment or alteration to Clauses 1, 2, 4, 5, 7, 12, 13, 36, 37, 40 and 41 of the Constitution shall be subject to the prior written consent of the Council.
Note that, as stated, the Developer, namely Realty Dynamix 16 (Pty) Ltd, will not utilize it’s 650 casting vote for the purposes of establishing a quorum or to vote on the attached special resolutions although it will utilize it’s votes in respect of the erven which it owns .
Quorum:
Your attention is drawn to Clause 25 of the Constitution regarding a quorum, which reads as follows:
No business shall be transacted at any general meeting unless a quorum is present when the meeting proceeds to business. The quorum necessary for the holding of any general meeting shall be such of the Members entitled to vote, as together for the time being, represent at least one-half of the total votes of all Members of the Association entitled to vote, and provided further that, for the duration of the Development Period, the Developer is present in person or by proxy.
If within half an hour from the time appointed for the holding of a general meeting a quorum is not present, the meeting, if convened on the requisition of the Members, shall be dissolved, in any other case it shall stand adjourned to the same day in the next week, at the same place and time, or at such other place as the Chairperson of the meeting shall appoint, and if such adjourned meeting a quorum is not present within half an hour from the time appointed for holding the meeting, the Members present shall be a quorum, provided that, for the duration of the Development Period, the Developer is present in person or by proxy.
Voting:
Your attention is drawn to Clause 29 of the Constitution regarding voting, specifically the following clauses, which read as follows:
29.2 Save as expressly provided for herein, no person other than a Member duly registered, and who shall have paid every levy and other sum (if any) which shall be due and payable to the Association in respect of or arising out of his membership, and who is not under suspicion, shall be entitled to be present or to vote on any question, either personally or by proxy, at any general meeting.
29.6 An ordinary resolution (that is a resolution other than a Special Resolution) shall be carried on a simple majority of all the votes cast thereon as provided for in clause 29.1 above. A Special Resolution shall be carried by a majority of no less than 75% (seventy five per cent) of the total votes of the Members who are present in person or represented and who are entitled to vote. An abstention shall not be counted as a vote for or against the resolution in question. In the case of an equality of votes, the Chairperson of the general meeting shall be entitled to a casting vote in addition to its deliberative vote.
Resolutions:
Special Resolution 2 is for the amendment to clause 5.2.3 of the Constitution as attached, resulting in the extension of the building period from 3 to 4 years.
Special Resolution 3 is for the amendment to clause 7.10.2 of the Constitution as attached, resulting in the Trustee Committee being authorized to evaluate financial constraints of members on a case by case basis and if deemed fit, to defer the payment of their penalty levies for a maximum of 12 months per erf.
Note that each member entitled and wishing to cast a vote, will be requested to vote for or against Special Resolution 2, and should it be passed Special Resolution 3 will automatically become null and void. If Special Resolution 2 not be passed, each member entitled and wishing to vote will be requested to vote for or against Special Resolution 3.
Proxies:
Your attention is drawn to Clause 28 of the Constitution regarding the appointment of proxies, which reads as follows:
28.1 A member may be represented at a general meeting by a proxy, who need not be a member of the Association. The proxy shall be entitled to vote at the general meeting on behalf of that member. The instrument appointing a proxy shall be in writing signed by the member concerned or his duly authorized agent in writing, but need not be in any particular form, provided that where a member is more than one person, any one of those persons may sign the instrument appointing a proxy on such member’s behalf, where a member is a company the same may be signed by the chairman of the board of directors of the company or by its secretary, and where an Association of persons, by the secretary thereof.
28.2 The said proxy shall be deposited at the office of the Association’s Secretary at least 24 (Twenty Four) hours prior to the time appointed for the commencement of the meeting.
28.3 No instrument appointing the proxy shall be valid after the expiration of 12 (Twelve) months calculated from the date of its execution.
For any further information in this regard please do not hesitate to contact the Association.
JAN BERGMAN
CHAIRPERSON
CROYDON VINEYARD ESTATE HOMEOWNERS ASSOCIATION
SPECIAL RESOLUTION 2
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.
MEMBERS PRESENT:
VOTES FOR:
VOTES AGAINST:
ABSTENTIONS:
The Special Resolution is hereby________________________________________
__________________________________
CHAIRMAN
SPECIAL RESOLUTION 3
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 be liable for the payment of 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. However, the Trustees shall be entitled to, on a case by case basis, evaluate claims of financial constraints of the individual homeowners and if deem fit defer the payment of such penalty levies for a maximum of 12 months per erf.”
Outcome:
The amendment as passed above enables the Trustee Committee to defer the payment of penalty levies for a period of 12 months per erf should the owner be under financial strain. commence construction.
MEMBERS PRESENT:
VOTES FOR:
VOTES AGAINST:
ABSTENTIONS:
The Special Resolution is hereby________________________________________
__________________________________
CHAIRMAN
