The constitution is the association’s founding document. It establishes the Van Riebeeckshof Master Homeowners Association, makes every property owner in the area a member, sets out the trustees’ powers, and provides for levies, meetings and voting.
What it establishes
- Automatic membership. Buying property in the area makes you a member; membership is not optional and is not a contract you can decline.
- A board of trustees elected by the members at the AGM, acting on the members’ behalf.
- The power to levy. Levies are raised under the constitution, not under a separate agreement.
- Enforcement. Section 16 gives the trustees the power to take reasonable steps to enforce the rules, including fines and, ultimately, legal action.
- A domicilium for legal service: c/o Nolands, Willowbridge Centre, Carl Cronje Drive, Bellville.
If the rules and the constitution conflict, the constitution wins. That is stated in the rules themselves. It matters when a rule is challenged.
Reading it
The document is long and written in the register of a legal instrument. Most residents never need it. It becomes relevant when there is a dispute, a question about voting rights, or a challenge to a trustee decision.