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What we stand for

CONSTITUTION of the OBSERVATORY RATEPAYERS ASSOCIATION 1. PREAMBLE The OBSERVATORY RATEPAYERS ASSOCIATION (hereinafter referred to as the Association), recognizing the important role it has to play in the life of the ratepayers and community of Observatory Suburb in Johannesburg, commits itself to promoting the interests and rights of the ratepayers and community of Observatory and adjacent suburbs in the pursuit of those principles and objectives outlined in this Constitution. 2. TITLE The organisation shall be known as the Observatory Ratepayers Association. 3. PRINCIPLES The policies, functioning and actions of the Association shall be based on the following principles : 3.1 freedom of expression. 3.2 democratic decision-making. 3.3 non-discrimination. 3.4 non-alignment to political parties, religion, race and gender. 3.5 responsibility and accountability. 3.6 multi-cultural co-operation, and 3.7 any other principle enshrined in South African Bill of Rights of the Constitution of South Africa. 4. OBJECTIVES The objectives of the Association shall be: 4.1 to promote, protect and maintain the interests and rights of the Association, and the ratepayers of and community in Observatory. In so doing will police, promote or challenge any law or regulation or proposed law or regulation that may affect the interests and rights of the ratepayers of Observatory and by forming alliances or affiliations with other Associations with similar objectives within Johannesburg whilst promoting the objectives of the Association. 4.2 to initiate improvement services to address the socio-economic issues within Observatory and adjacent communities. 4.3 to promote the maintenance of the nature of Observatory in respect of the high standards relevant to Observatory’s status as a suburb with a clean environment, nature trails and of historical and architectural significance. 4.4 to raise funds to achieve the objectives of the Association. 5. MEMBERSHIP 5.1 Membership shall be open to any person who is a ratepayer or resident of Observatory 5.2 Any person wishing to become a member shall make application to the Management Committee, and this Committee will determine whether the application is successful or not 5.3 Each person admitted to membership shall be bound by this Constitution and any by-laws of the association, will be liable for fees and subscriptions as may be fixed from time to time and will be entitled to all advantages and privileges of membership of the Association. 5.4 Membership Classes     5.4.1 Financial Member Any person who has paid their subscriptions and fees is entitled to hold any office and enjoy the privileges of the association.     5.4.2 Patron Member Any person elected to this class of membership will enjoy the privileges of membership for the period specified by the Management Committee free of charge.     5.4.3 Honorary Member Any person elected at the annual general meeting on the grounds of exceptional interest in and services to the Association and on the written substantiation by a member of the Management Committee. The total number of living honorary members shall not exceed five.     5.4.4 Junior Member Any person under the age of 18 years may become a Junior Member by application to the Management Committee. There will be no fees or subscription for these members and they shall have no voting rights nor be entitled to hold any office. (Junior Observatory Club – Joc’club) 5.5 Membership may be terminated by resignation in writing to the Management Committee or by expulsion due to non-payment of fees or subscriptions, or for other reasons as determined by the Management Committee. 5.6 Any member who is expelled shall have the right of appeal against the expulsion by presenting their case to a General Meeting called for such purpose, and the decision of this meeting will be final. 5.6 A member may at any reasonable time inspect the records and documents of the Association by application to the Management Committee. 5.7 Membership of the Association does not give any member a right to any of the moneys, property or assets of the Association, but only confers upon such member the privilege of membership subject to this Constitution. 5.8 The liability of members is limited to the amount of unpaid subscriptions or other moneys owed by them to the Association. 6. Legal Status 6.1 The Association is a distinct and separate legal entity and body corporate, with the power to acquire, to hold and to alienate property of every description whatsoever, and with a capacity to acquire rights and obligations and having perpetual succession. 6.2 All actions, proceedings at law or any arbitration shall be brought by or against the Association in the name of the Assocation and the Management Committee may authorise any person or persons to act on behalf of the Association and to sign all such documents and to take all such steps as may be necessary in connection with any such proceedings. 7. Funds of the Association 7.1 The funds of the Association shall consist of the subscriptions and fees paid by members and such donations, contributions or bequests received by the Association from any source. 7.2 The Association has not been formed and does not exist for the purpose of carrying on any business that has for its objective the acquisition of gain by the Association or its individual members. 7.3 The Association shall not distribute any of its funds to any person and shall use its funds solely for the objectives for which it has been established. 8. MANAGEMENT COMMITTEE 8.1 The management of the Association shall be vested in the Management Committee elected by members at the annual general meeting and consisting of: Chairperson Deputy Chairperson Secretary Treasurer At least three other committee members Honorary or Patron members if elected. 8.2 No person shall hold more than one position on the Management Committee at any one time 8.3 One half of the Management Committee shall resign at each annual general meeting, but those resigning shall be eligible for re-election. 8.4 No member of the Management Committee shall serve on the committee in any position for more than five consecutive years. 8.5 The Management Committee may co-opt additional members during the year should vacancies in the Committee arise. 8.6 The Committee shall meet when necessary but at least four times during the year. A quorum for all Committee meetings will be half of its members plus one. 8.7 If the Chairperson and Deputy are unable to attend a meeting, then a chairperson nominated and approved by the meeting shall chair that meeting 8.8 All matters voted on at Committee meetings will be decided by majority vote. In the case of equality of votes, the Chairperson shall have a second and casting vote. 8.9 A member of the Committee shall lose their seat on the Committee if absent from three or more meetings without leave of absence or if found to not be a financial member. 8.10 Spouses from the same rate paying residence may both be Committee members but shall only have a single vote at meetings. 8.11 The Committee will act in the best interests of the Association in all matters not specifically provided for in this constitution. 8.12 The Committee may during the year request a member or members to act as a sub-committee to deal with a specific matter in connection with the interests of the Association. This sub-committee shall not take on or assume the duties or powers of the Committee. 9 POWERS OF THE MANAGEMENT COMMITTEE The Management Committee shall carry out the day-to-day running of the Association and shall have the power to: 9.1 Administer the finances, appoint bankers, and direct the opening of banking accounts for specific purposes and to transfer funds from one account to another, and to close any such account; 9.2 Fix the manner in which such banking accounts shall be operated upon, providing the Management Committee passes all payments; 9.3 Fix fees and subscriptions payable by members and decide such levies, fines and charges as is deemed necessary and advisable, and to enforce payment thereof; 9.4 Adjudicate on all matters brought before it, which in any way affect the Association. 9.5 Cause minutes to be made of all proceedings at meetings of the Committee and General Meetings of members; 9.6 Make, amend and rescind rulings and by-laws; 9.7 Have the power to form and appoint any sub committee/s as required for specific purposes; 9.8 May at their discretion employ a person or persons to carry out certain duties required by the Association, at salaries or remunerations for such period of time, as may be deemed necessary. 10 DUTIES OF THE MANAGEMENT COMMITTEE 10.1The Chair is the principal officer and is responsible for leading the Association and managing its activities in accordance with the objectives and constitution of the Association. The Chair shall preside at all meetings of the Association and of its Management Committee 10.2 The Deputy Chairperson shall preside at meetings in the absence of the Chairperson and assist the Chairperson in the management of the Association and perform other duties that may be assigned by the Chairperson. 10.3 The Treasurer shall collect dues, pay all bills, and maintain the Association’s financial records and present interim reports to the Management Committee. The treasurer shall prepare the association’s annual financial statements for presentation to the association at the annual general meeting after auditing. 10.4 The Treasurer shall provide assistance to the auditor for the preparation of the annual financial statements. 10.5 The Secretary shall keep the minutes of all Association and Management Committee. Other duties of the Secretary include the preparation of the annual report for presentation at the annual general meeting. 10.6 The Secretary shall prepare the Association’s member register and officer contact information, and submission of these to the Association and its members. 11 AUDITOR 11.1 The Annual General Meeting shall elect or appoint an Auditor or Auditors. 11.2 The Auditor/s shall examine and audit all of the books and accounts of the Association annually, and have the power to call for all books, papers, accounts, receipts, etc. of the Association and report thereon to the annual general meeting. 12 GENERAL MEETINGS 12.1 Annual General Meeting 12.1.1 The Annual General Meeting of the Association must be held within two months of the end of the Association’s financial year. 12.1.2 The Secretary shall give at least fourteen (14) days notice of the date of the Annual General Meeting, to members. 12.1.3 All members may attend the Annual General Meeting. 12.1.4 The quorum at the Annual General Meeting, shall be a minimum of thirty members. If, at the end of 30 minutes after the time appointed in the notice for the opening of the Meeting, there be no quorum the meeting shall stand and adjourn for one week. If at such meeting there is no quorum those members present shall be competent to discharge the business of the meeting. 12.1.5 The agenda for an Annual General Meeting shall be: • Opening of Meeting • Apologies • Confirmation of Minutes of previous Annual General Meeting • Presentation of Annual Report • Adoption of Annual Report • Presentation of Treasurer’s statement • Election of New Committee and appointment of Auditor • Vote of thanks to outgoing Executive • Determination of Annual Membership Fee • Notice/s of Motion • Urgent general business • Closure 12.2 General Meetings 12.2.1 General Meetings may be called by the Management Committee or at the request of the Chairperson and Secretary or on the written request of twenty members of the Association. 12.2.2 The Secretary shall give at least seven (7) days notice, in writing, of the date of the General Meeting to the members. Notice of General Meetings shall set out clearly the business for which the meeting has been called. No other business shall be dealt with at that General Meeting. 12.2.3 The quorum at any General Meeting shall be a minimum of thirty members. 13 VOTING 13.1 Voting powers at the Annual General Meeting and General Meetings: 13.1.1 The Chairperson shall be entitled to a deliberate vote and, in the event of a tied vote, the Chairperson shall exercise a casting vote. 13.1.2 Each individual financial member present shall have one (1) vote. 13.2 Voting powers at Management Committee Meetings; 13.2.1 The Chairman shall be entitled to a deliberate vote, and, in the event of a tied vote, the Chairman shall exercise a casting vote. 13.2.2 Each individual Committee member present shall have one (1) vote, subject to clause restricting spouses from one residence. 14 FINANCE 14.1 All funds of the Association shall be deposited into the Association’s accounts at such bank or recognised financial institution as the Management Committee may determine. The Association shall use the banking instruments offered by the selected instition as deemed appropriate by the Management Committee. 14.2 All accounts due by the Association shall be paid having being passed for payment at the Management Committee Meeting. When immediate payment is necessary, account/s shall be paid and the action endorsed at the next Management Committee Meeting. 14.3 The Secretary shall not spend more than a set amount Petty Cash without the consent of the Management Committee, and shall keep a record of such expenditure in a Petty Cash Book. 14.4 A statement showing the financial position of the Association shall be tabled at each Management Committee Meeting by the Treasurer. 14.5 A statement of Income and Expenditure, Assets and Liabilities shall be submitted to the Annual General Meeting. The auditor’s report shall be attached to such financial report. 14.6 The financial year of the Association shall commence on the first day of January each year. The accounts, books and all financial records of the Association shall be audited each year. 14.7 The signatories to the Association’s account/s will be the Chairman and any one (1) from the following; • Deputy Chairperson • Secretary • Treasurer • Two Committee members 14.8 All property and income of the Association will apply solely to the promotion of the objects of the Association and no part of that property or income shall be paid or otherwise distributed, directly, or indirectly, to members, except in good faith in the promotion of these objects. 15 ANNUAL PLANNING 15.1 Financial year end 31 December each year so the accounts could be ready for audit by 21 January. 15.2 Audit shall take two weeks and the secretary could issue notice of Annual General Meeting by 7 February. 15.3 Annual General Meeting shall be convened for 21 to 28 February. 15.4 New Committee takes office by end February with annual fees not yet paid due by end March each year to cover period to end December of that year. 16 ALTERATIONS TO THE CONSTITUTION 16.1 No alteration, repeal or addition shall be made to the Constitution except at the Annual General Meeting, or General Meeting, called for that purpose and notice of all motions to alter the Constitution shall be given to members fourteen (14) days prior to the Annual General Meeting, or seven (7) days prior to a General Meeting called for such purpose. 16.2 The Secretary shall forward such notices of motion to each Management Committee member at least fourteen (14) days prior to the Annual General Meeting or seven (7) days prior to a General Meeting. 16.3 Alterations to the by-laws can be made only at Management Committee Meetings provided notice of the proposed alteration/s has been duly notified to Committee Members. 16.4 Such motions, or any part thereof, shall be of no effect unless passed by a seventy five percent (75%) majority (Special Resolution) of those present and entitled to a vote at the Annual General Meeting, General Meeting or Management Committee Meeting, as the case may be. 17 DISSOLUTION If, on the winding up of the Association, any property of the Association remains after satisfaction of the debts and liabilities of the Association and the costs, charges and expenses of that winding up, that property shall be distributed: 17.1 to another association having objects similar to those of the Association; or 17.2 for charitable purposes, which Association or purposes, as the case requires, shall be determined by resolution of the members. CONSTITUTION of the Observatory Ratepayers Association  28 January 2006

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