Homeowners Association Constitution
Table of Contents
0. INTRODUCTION
1. DEFINITIONS
2. INTERPRETATION
3. COMMENCEMENT DATE AND STATUS
4. OBJECTIVES AND RESPONSIBILITIES OF THE ASSOCIATION
5. MEMBERSHIP OF THE ASSOCIATION
6. LEVIES AND TRUST FUNDS
7. ENTRENCHED PROVISIONS
8. RESPONSIBILITY FOR PAYMENT OF RATES, TAXES & SERVICES
9. SERVICES
10. ARCHITECTURAL GUIDELINES AND CONTROLS
11. MANAGEMENT AND CONDUCT RULES (GENERAL)
12. MANAGEMENT AND CONDUCT RULES (ENVIRONMENT)
13. TRUSTEES
14. REMOVAL AND ROTATION OF TRUSTEES
15. TRUSTEES EXPENSES AND REMUNERATION
16. POWERS OF TRUSTEES
17. PROCEEDINGS OF MEETINGS OF TRUSTEES
18. GENERAL MEETINGS OF THE ASSOCIATION
19. NOTICES OF MEETINGS
20. PROXIES
21. QUORUM
22. ADJOURNMENT BY CHAIRMAN WITH CONSENT OF MEETING
23. VOTING RIGHTS OF MEMBERS
24. ACCOUNTING RECORDS
25. SERVICE OF NOTICES
26. INDEMNITY
27. GENERAL
28. DISPUTES
29. RESERVE MANAGER
30. AMENDMENT
ANNEXURE A: Resort Development Approval Documents (separate download)
ANNEXURE B: Approved Site Development Plan (separate download)
ANNEXURE C: Architectural Guidelines and Controls
ANNEXURE D: Member Occupancy Quota, Proportion of Levies and Voting Rights
ANNEXURE E: Construction Phase Environmental Management Plan (separate download)
ANNEXURE F: Members’ Contribution to Levy-, Infrastructure- and Compulsory Trust Funds
(Download the main document here – WPNR HOA Constitution.)
The following Annexures need to be downloaded separately:
ANNEXURE A: Resort Development Approval Documents
The following approval documents can be downloaded here:
- Environmental Authorisation from the Western Cape Department of Environmental Affairs and Development Planning (total of 16 pages) Environmental Authorisation.
- Rezoning and Subdivision approvals from:
- The National Department of Agriculture (total of 2 pages) Act 70 of 1970 Approval.
- The Directorate Land Management of the Western Cape Department of Environmental Affairs and Development Planning (total of 4 pages) Rezoning Approval DEA&DP Directorate Land Management.
- The Laingsburg Municipality (total of 2 pages) Subdivision Approval Laingsburg Municipality.
- Restoration of historic buildings (in principle) from Heritage Western Cape (total of 1 page) HWC Record of Decision.
- Rezoning Certificate from the Laingsburg Municipality (total of 1 page) Rezoning Certificate from Laingsburg Municipality.
- De-proclamation of the public road over the property from the Western Cape Department of Transport and Public Works [Provincial Gazette] (total of 1 page) De-proclamation in Provincial Gazette.
- Acceptance of notice regarding “commencement of construction” by the Western Cape Department of Environmental Affairs and Development Planning (total of 2 pages) DEA&DP Acknowledgement of Commencement.
- Registration certificate for the extraction of more than 10 cubic metres of groundwater per day from the Department of Water Affairs (total of 2 pages) DWAF water registration certificate.
- Proclamation as a Contract Nature Reserve under the National Protected Areas Act, Act 57 of 2003. (total of 2 pages) Provincial Gazette WC 8003-gaz-16-nov-2018 page.
ANNEXURE B: Approved Site Development Plan
The following Site Development Plan (Afrikaans “Terreinontwikkelingsplan”) was accepted and approved by the Laingsburg Municipality (total of 42 pages) Approved Site Development Plan.
ANNEXURE E: Construction Phase Environmental Management Plan
The Western Cape Department of Environmental Affairs and Development Planning approved the following Construction Phase Environmental Management Plan (total of 28 pages) EMP Construction Phase approved by DEA&DP.
(page last updated 2018-11-30)