OBJECTS AND RESPONSIBILITIES OF THE ASSOCIATION
(As quoted in the SOA Articles of Association)
4. OBJECTS AND RESPONSIBILITIES OF THE ASSOCIATION
4.1 It is recorded that the Development of the whole township is of a homogenous nature and that notwithstanding the fact that members hold title to their erven, or a person holds title to a unit, individually the ASSOCIATION, through its directors, shall have all the powers that are necessary to accomplish the fulfilment of all objectives of the ASSOCIATION, including, but not limited to the powers specifically contained in these Articles.
4.2 The ASSOCIATION shall have the following objectives:
4.2.1 to act as an Owners Association established in terms of Section 21 of the Companies Act for the township which is being developed on the development area;
4.2.2 to act as the Township Management Company, referred to as the “Estate Management Company” in the Proclamation notice;
4.2.3 to take transfer of those portions of the common property that are to be owned by the ASSOCIATION for the benefit of its members, and maintain them in good order;
4.2.4 to enter into agreements of servitude for the benefit of its members in the township or on any adjacent property;
4.2.5 to manage, oversee and control all security aspects of the township, if and when applicable;
4.2.6 without derogating from the Developer’s responsibility to ensure the initial servicing of erven as per its contractual obligations with buyers of erven and/or similar obligations incurred in any other manner, to enter into agreements for the provision of any services with any competent authority or any other third party, inter alia including the provision of access to the township, water, electricity and sewerage services to the ASSOCIATION and where required to supply or arrange the supply of such services to the various members of the ASSOCIATION;
4.2.7 to administer and enforce the architectural and development controls and guidelines detailed in the Precinct Plans (and updates thereto) in place at any time, and, to administer, amend and enforce the documents in the document pack, and, any other documents as required by the ASSOCIATION to fulfill its objectives;
4.2.8 to manage and approve the registration of transfer of erven and units in the township by ensuring compliance of and imposing of certain Title Deed conditions and restrictions as allowed by the Registrar of Deeds and/or the Proclamation notice;
4.2.9 to ensure compliance within the township of all conditions imposed by the ASSOCIATION or KFTPS (or its successor) or Precinct Plans when approving the building plans and/or rezoning and/or subdivision of the properties comprising the development area;
4.2.10 to act as assignee of all the powers and functions of any Body Corporate in any sectional title scheme forming part of the township;
4.2.11 in general, to do all such things, and perform all such acts, as may be necessary or expedient to ensure that the Township is developed and maintained in the interests of all members thereby ensuring that the Township will be and remain one of premier status.
4.3 The ASSOCIATION shall oversee the compliance, implementation and enforcement in respect of the township, of any condition imposed on its members by any authority with regards to any environmental law, including any Environmental Management Plan approved in respect of the township.
4.4 Without limiting the generality of 4.2.1 to 4.2.11, the ASSOCIATION shall have the following powers and functions:
4.4.1 The responsibility to maintain, repair, improve and keep in good order and condition the transferred common property, and the responsibility for the payment of all rates and taxes, all services charges and other taxes and/or levies charged and payable to the Local Authority, ASSOCIATION, or, any relevant Authority in respect of the common property, and/or for payment of the salaries and/or wages of the employees of the ASSOCIATION and generally for ,the payment of all expenses necessarily or reasonably incurred in connection with the management of the ASSOCIATION and the ASSOCIATION'S affairs, including all and any expenses reasonably or necessarily incurred in the attainment of the objects of the ASSOCIATION or the pursuit of its business.
4.4.2 The right to impose levies upon the members of the ASSOCIATION for the purpose of meeting all the reasonable and prudent expenses that the ASSOCIATION has incurred or to which the directors reasonably anticipate the ASSOCIATION will incur in the attainment of the objects of the ASSOCIATION or the pursuit of its business.
4.4.3 To ensure that all provisions of these Articles are complied with by all members/parties bound thereby.
4.4.4 It is recorded that the body corporate of any Sectional Title Scheme shall be liable as members of the ASSOCIATION to pay the levies imposed on them in terms of these Articles.
4.4.5 To promote, advance and protect the township and the interests of the ASSOCIATION and all members.
4.5 Pursuant to the objectives of the ASSOCIATION, the body corporate of any sectional title development in the township will not function independently, but shall assign its functions and powers to the ASSOCIATION;
4.6 The responsibility for the management, control and financial obligations of the common property shall be transferred from the DEVELOPER to the ASSOCIATION upon completion of the infrastructure services in respect of a phase or phases.
4.7 The ASSOCIATION will manage the collective interests common to all its members, which includes expenditure applicable to the transferred common property of such members, and, the collection of levies for which such members are liable.
4.8 The ASSOCIATION is not permitted to distribute its funds to any person other than to a similar association of persons.
4.9 On dissolution, the remaining assets of the ASSOCIATION must be distributed to a similar association of persons, which is also exempt from Income Tax.
4.10 Funds available for investment will be invested in accordance with an investment policy approved by the directors.