Constitution

CONSTITUTION OF THE EMMARENTIA RESIDENTS ASSOCIATION

1. NAME

The Association shall be called the EMMARENTIA RESIDENTS ASSOCIATION and shall hereinafter be referred to as the ‘Association’

2. OBJECTIVES

2.1 The Association shall be of a non political nature;

2.2 It shall strive to:

2.2.1 Promote and safeguard the interests of all the residents in Johannesburg, and particularly those resident in Emmarentia;
2.2.2 Encourage the formation of similar non-political Associations in other suburbs;
2.2.3 Determine, by voluntary, open discussion and deliberation, the views of the majority of the residents in the suburb;
2.2.4 Encourage membership of and representation at residents federations and organizations;
2.2.5 Co-operate, consult and collaborate with the representatives of the Ward elected to the City Council and by so doing oppose any movement whose intentions are to impede or obstruct the freedom of action of such elected representatives.

3. MEMBERSHIP

3.1 The Association shall be open to any person over eighteen (18) years of age, who is a resident, ratepayer or natural property owner in/of Emmarentia and who does not have a criminal record;
3.2 Any member who wishes to join the association shall voluntarily provide, on a form to be supplied certain information which shall include their full name/s, address, telephonic contact/s, postal address and if applicable e-mail details.
3.3 An annual membership fee/subscription, which shall be determined by the Executive Committee, at a formal meeting as set out in paragraph 5.7 below, shall be payable in advance, by any person wishing to become a member.
3.4 Should such fee/subscription remain unpaid for a period exceeding six (6) months, membership shall be forfeited.

3.4.1 The current membership fee/subscription paid shall be deemed to cover the period from March in the year of payment to February in the succeeding year.
3.4.2 Membership fees/subscriptions shall be payable on or before the last business day of February in any particular year.
3.4.3 A true register of paid up members shall be compiled and made available before any Annual General meeting in a particular year.

4. ANNUAL GENERAL MEETINGS

4.1 An Annual General meeting shall be called and held, on a date to be determined by the members of the Executive Committee, of a particular year.

4.1.1 The purpose of this meeting shall be to receive the report and financial statements from the Executive Committee.
4.1.2 A period of fourteen (14) days notice shall be given to the members of the intention to hold such meeting.
4.1.2 (a) Notice shall be deemed to have been given by way of e-mail to those members that have provided e-mail addresses or by hand delivered post to those that do not have e-mail.
4.1.3 A quorum for the AGM shall be deemed to be no less than 15% of the paid up members, as indicated in the register of a particular year, (para.3.2.3), with a minimum of 25 people present.
4.1.4 Should a quorum not be present at such AGM, the meeting shall stand adjourned where after a seven (7) day period of notice of a date for the holding of the AGM shall be given to the members. The members present at such adjourned meeting shall be deemed to form a quorum for this purpose.
4.1.5 Only such members who have paid for the current year of membership and whose names appear in the paid up members register for that particular year (para.3.2.3) shall be entitled to vote at such AGM.
4.1.6 Paid up members shall be entitled to cede their voting rights to proxies, in writing and in a form to be determined by the Executive Committee.
4.1.7 Voting shall be by ballot unless otherwise decided and agreed upon by the Chair and seconded by another member of the Executive, where after the Chairs ruling shall be final.

4.2 SPECIAL MEETING

4.2.1 The Executive committee, may at any time, or upon request by no less than fifteen (15) paid up members, call for the holding of a special meeting of the association to discuss and vote on any business regarding the issues usually heard by the Committee or any business deemed to affect the association as a whole.
4.2.2 The purpose/reason for such special meeting shall be reduced to writing and distributed to the members of the Executive for their consideration prior to the holding of such meeting.
4.2.3 The secretary shall thereafter and by no less than seven (7) days notice convene such meeting.
4.2.4 Paragraphs 4.1.3 – 4.1.7 above, shall apply here fully as if specifically included.

5. EXECUTIVE COMMITTEE

5.1 At an Annual General meeting, as constituted above (para.4), an Executive Committee (hereinafter referred to as the Executive) of no less than twelve (12) members shall be elected.
5.2 The Executive shall have the general power to promote the interests of the Association as well as to carry on its work and shall have the power to appoint further paid up members.
5.3 No City Councilor shall be eligible for membership of this committee.
5.4 A Chair, Deputy Chair, Secretary and Treasurer shall be elected by the Executive at its first meeting, which shall be held within 7 days after the election of its members to the Executive committee.
5.5 The Executive shall, after the appointment of the executives in para. 5.4. above, appoint officers and members to fill vacancies occurring between the AGM’s.
5.6 Any member of the Executive shall be deemed to have relinquished their membership if they fail to attend at least three consecutive meetings without apology. This shall not apply to those members who have requested a leave of absence.
5.7 An ordinary meeting of the Executive shall be held, unless by notice to all its members, once a month. The date of the subsequent meeting shall be fixed at the previous meeting.
5.8 Five (5) Executive members attending a formal meeting of the Executive shall constitute a quorum.
5.9 Should a quorum not be present at such Executive Committee meeting, the meeting shall stand adjourned where after a seven (7) day period of notice of a date for the holding of a subsequent Executive Committee meeting shall be given to the members. The members present at such adjourned meeting shall be deemed to form a quorum for this purpose.

5.10 TERM OF OFFICE

Any member shall be free to serve for as long as he/she wishes and in any portfolio, subject to the proviso that they are elected to do so by a majority of the executive.

5.11 SPECIAL MEETINGS

5.11.1 Special meetings of the Executive may be convened as deemed necessary.
5.11.2 Such meeting shall be called by the Chair upon request by no less than two (2) members of the Executive.
5.11.3 The date of such meeting shall be arranged at a normal meeting of the Executive and as agreed upon by the members present.
5.11.4 The special meeting shall be held after the giving of seven (7) days notice to the other Executive members.
5.11.5 A quorum shall be attained as set out in para. 5.8 and 5.9 above.

5.12 SUB COMMITTEES

5.12.1 The Executive shall have the power to appoint various sub-committees from time to time and shall have the power and authority to delegate certain of its functions to such sub committee/s.
5.12.2 At least one member of the Executive shall serve on such sub-committee; however a sub-committee shall have the power to appoint its own Chair.
5.12.3 The Executive shall have the power to determine the rules governing the re-appointment and dissolution of such sub-committees.

6. FINANCE

6.1 All funds of the Association shall be deposited into a bank account to be held at any commercial bank and to be opened on behalf of the Association, by the Treasurer in office.

6.2 All cheques and/or withdrawals from such account and for whatsoever reason, shall be signed by both the Treasurer and Chair or in the event that either the Chair or the Treasurer are unavailable then by any member of the Executive duly authorized by the Executive and by the Bank, in question, in addition to the Treasurer or the Chair.
6.3 Such third Executive member shall then sign such cheques/s and/or withdrawal notice/s on behalf of the absent member, mentioned in 6.2 above.

7. MEMBER’S LIABILITY

7.1 The liability of any of the members of the Association shall be limited to the amount, if any, of arrear subscriptions.
7.2 No member shall be eligible to vote at any AGM or Specially convened meeting unless their subscriptions for the current year are paid in full as per para.3.2 above.
7.3 No member, whether Executive or ordinary, shall have the right or authority to incur any liabilities on behalf of the Association, of whatsoever nature.
7.4 The Association shall not be held responsible and liable for any opinion expressed by any of its members, whether at a AGM or privately or in any other form.

8. THE CONSTITUTION

This constitution, once adopted, shall be deemed to be binding, in its entirety, on all Executive and paid up members of the Association.

8.1 AMENDMENT

8.1 The constitution in its adopted form can only be amended/altered by a resolution carried by a vote wherein a majority, of no less than two thirds (⅔) of the paid up members, is obtained at any AGM or Special Meeting called for such purpose.
8.2 Any proposal for amendment/alteration of the Constitution must be reduced to writing and submitted to the Secretary of the Association no more than thirty (30) days before the date of the meeting at which the proposed amendment/alteration is to be heard.
8.3 The proposed amendment/alteration, in its original form, must be submitted to the members no more than fourteen (14) days before the date of such meeting (para. 9.1).

9. NOTICES

9.1 All formal notices regarding meetings and other Association business shall be in writing and shall be given/delivered by post, fax, e-mail or by hand at the addresses of those paid up members as held in the register of members (para.3.2 and 3.3.3).
9.2 Service of notice, within the abovementioned notice periods respectively, at the address given by the members, as set out in 9.1 above, shall be deemed to have been received at such address within the time periods as stipulated above.
9.3 A register of delivered notices shall be kept by the Secretary as proof that notices have been hand delivered, posted, faxed or e-mailed and on the date this was done.
9.4 Fax confirmation receipts and e-mail sent items shall be deemed to be sufficient proof of delivery of notices in terms of 9.1 above.

10. DISSOLUTION

10.1 The Association shall be dissolved by a resolution carried by the vote of a two thirds (⅔) majority of the members attending a meeting specifically called for this purpose.
10.2 Upon attaining this majority, the Association shall be dissolved and its executive shall be disbanded and its assets shall be disposed of in a manner as may be decided by the majority mentioned in para.10.1 above.