EXTRACT OF NHOA APPROVALS ATHE WERE VALIDATED IN TRUSTEE MEETINGS - NHOA ...
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
EXTRACT OF NHOA APPROVALS ATHE WERE VALIDATED IN TRUSTEE MEETINGS GENERAL REMARKS These extracts are necessary for members to know what their Association is doing for them. These are tabled in summary form for reviewing and for easy reference. The method followed here, is as follows: These extracts have been generated by Sydney Keith Weber, appointed Advisor Trustee, who verifies their accuracy through an affirmed Power of Attorney. Mr. Weber acting in various trustee capacities from the beginning of the formation of the Association, attended the majority of these meetings. • All trustee offices of the Committee are suspended at the year-end Annual General meeting. The members can appoint new Trustees or approve the continuance of the former trustees if they have been doing excellent work, by means of their votes; • The Trustees so appointed are to act for one whole year and these must be owner/s of property/ies in the Normandie Estate Complex; • Should they sell their property, they are automatically disqualified from their being trustees; • Trustees can resign and the Current Committee can appoint another volunteer in their place; • All interim meetings that were held during each year, and which were valid only for that year, are not mentioned here, as these will be approved at the next AGM; • At each Annual General meeting, no matter what was decided by the appointed Committee during the current year, their actions need to be approved, or adjusted by the majority of Members; • This will allow the final approvals to be carried forward and to be added to the Rules of Conduct for all future actions to be followed by the Appointed Trustees of the NHOA Committee; • These final approvals are valid and cannot be set aside, without a formal Annual General Meeting majority decision; • The interim meetings held by the appointed Trustees will be established and will be regarded valid and approved by the Annual General Attendees; if not changed, these actions will continue to be valid for use by the Trustees in their current year and further, as a precedent have thereby been established; • These changes that are approved and recorded will help to establish a set procedure for monitoring all future actions by the Committee and Normandie Home Owner members; • The goal of these procedures is to establish a Continuing Rules of Conduct that will be required from all Trustees and members; • Once an approval has been has come into effect, fines may be generated for gross negligence or disobedience to the Rules of Conduct; this applies equally to any member or Trustee; • The Association has been through many birth throes and is continually to approve updates towards a perfected N.H.O.A. Constitution with the Addendum; • Meetings can be classed as either a Trustee or General or Special or Annual General Meeting; • Trustee meetings are for occasional meetings that involve the Trustees;
• General meetings are for Trustees and specially invited property members; a General meeting may be arranged by any member through the Chairman of the Committee; valid reasons for calling such a member must be provided to the Chairman for his approval before this can be done, so that the Chairman can check to see that no rule has been established previously; • Special meetings are for Trustees and any responsible members, who are assisting the Committee; • Annual General Meeting is held once a year and all members are expected to attend or to hand in PROXY FORMS naming their representative to the Chairman. The following meetings are tabled, showing the date, the venue and who the Chairman was. These extracts have experienced a peculiar problem, namely, that the volunteer secretaries were not trained as such, and sometimes set down sketchy resolutions. Fortunately, I, Sydney Keith Weber, as an Appointed Trustee, holding various positions, can recall the discussions that were presented and approved. My rendering of these approvals are more complete than the sketchy records of the secretaries, and in some instances, I had to recollect and enlarge the resolutions that were made, to bring consistency of purpose. In general, these are consistent, and all have to do with the matters on hand that were discussed and have a relevance to their presented solutions. I have signed an affidavit to state the veracity of what is presented here. Reference to the minutes are feasible and possible, in dubious instances, by any of the members when arranged in conjunction with the Chairman or His representative. FIRST N.H.O.A. MEETING Tabled: Chaired by Brian Olsen: Venue was the home of Eugene Ellis: Dated: 5th December 2004 Note: This meeting was not considered as being official but was more a noted recording session of what had been done and what was to take place. It was in summary form. • The inaugural meeting only took place much later in the progress of time. Tabled: Chaired by Brian Olsen: Venue was the home of Eugene Ellis: Dated: 20th February of 2005 Attendees: Phase 1 and 2 Representatives with Brian Olsen for Phase 2; Pierre Oosthuizen for Phase 1; Sydney Weber for phase 3. • Phase 1 to 11, except Phase 4 (being the block of flats which are to continue separately under their own Committee.) All phases that have Trustees, must contribute allow their trustees to be eligible for election of one main Committee, who will be appointed out of these volunteers to form the new Committee of Trustees; • Roads are to be tarred, while pavements can be of grass, brickwork or tar; • Transfer fees, of all applications, require each seller to pay R300.00 (once off); • Building Construction/alteration fees are R150.00; • Inspection fees are R50.00; • Monthly Levy is R20.00 per House Property owner in Phase 1; • Monthly Levy R10.00 per House Property owner in Phase 2; the reason being is that they have already contributed to levies in the past;
These once-off fees apply, but the levies are suspended until further notice. These fees are required to alleviate the charge of levies, and if current funds are sufficient, the levies will not be needed; • Strategic Speed bumps are to be investigated and written quotes need to be obtained; • The combining of Phases 1, 2 and 3 were approved and new trustees needed to be appointed at the Annual General Meeting; • Investigate a NHOA garden service for the NORMANDIE PRIVATE PARK and to provide gardening service where necessary; • Approve Rules and Regulations at the Annual General Meeting; • Compile an Address List of all members; • Dust bins must be identified and kept separate when placed outside on rubbish collection days; • The Chairman said: “The idea is for the phases to stand under one Committee. The current situation has a Phase 1 Committee, a Phase 2 Committee, with a third Committee’s formation under discussed. These two Committees need to be joined into one committee under NHOA. • Phase 1 has reservations about their funds collected and banked. They want to know, “Who do these funds belong to and can they be refunded to those who contributed, seeing that they were not used for expenses as everything was done free of charge.” Tabled: Chaired by S.K.Weber: Venue: The home of a phase 1 committee member: 14 December 2006 • Seller to let purchaser know of the one Newly formed Committee; • Professionally built Lapa structures with thatched tiles and galvanised sheets may built if plans approved by NHOA, and if building plans and work is being done by professional builders. Tabled: Chaired by S.K. Weber: Venue: Church of open doors: 15 February 2007 • Home owners and ground owners were present. (Quorum met); • Counsel wants the NHOA to communicate with them concerning matter of the Private Park; • Provide source documents need to be provided as proof in any disputed matters; • Architects must ensure building styles must continue according to the approved plans; • The Normandie Estate is going to become a secured estate, later on, as stated in their Transfer Deed of Ownership; • Homeowners are responsible for their own property security; • NHOA will keep to the building and ground guidelines and standards as laid down; • Banks must apply to the NHOA prior to them using homes as security for bonds; the reason being that a temporary transfer of ownership occurs; • Home owners are responsible for their own security alarms. Tabled: Chaired by SK Weber: Venue: Da Vinci’s, Brackenfell: 4 September 2007 at 17:30 • Silver coloured fencing and gates are acceptable, or these must match the colour of the window frames of the house. Tabled: Chaired by SK Weber Venue: Mugg & Bean: 11 September 2007 at 10:15 • Make ID cards for all trustees; IDs to include the position a trustee holds;
• The NHOA appointed attorney is Monica Korf; • Changes to the original Constitution to be checked by attorney Monica Korf, to confirm validity. Tabled: Chairman S.K. Weber: Venue at Spur Ranch Navaho: Date 2nd September 2008 The following matters were approved: • Bank Account opened at the Standard Bank, Brackenfell. F.I.C.A. addresses were provided. I.D.’s were submitted and copied. Two signatories out of four can withdraw funds. Any trust member can do deposits as required by the Chairman or Secretary; • All members to ensure that Post boxes are available for notices and letters etc.; these should preferably be attached to a front wall of the house for security reasons; • A Combi Fax Machine is to be obtained for use by the Chairman (or Secretary) and stationed at the house of the Chairman; • There are no objections to enhancement of properties if building guidelines are approved by the Committee; • A NHOA Letterhead is approved for use by the Committee Trustees; • The Secretary can approve transfers or plan of building/additions, if the Chairman is not available; • The Constitution with Addendum can be obtained at the time of the Registration of rentals by Estate Agents; • Gideon Truter will draw up an Application of Undertaking for members in becoming a member; this will no longer be required when the main N.H.O.A. website is up and running; • Gideon Truter must present the Constitution with the Proposed Addendum at an arranged Inaugural meeting, with trustees, members and the local Building Branch of the Municipality present; • The group of Normandie Estate houses in the various phases are all FREE-HOLD; • Legitimate expenses incurred by Trustees, in pursuance of their duties, can be handed in at meetings, provided receipts or proof is provided. Tabled: Chairman Sydney Weber: Venue, Normandie Estate investment Office; Date: 9th February 2006 • New e-mail address needs to be arranged by the secretary; • Trustee meetings are to be held, unless there is no new business to discuss, every two weeks for, at least 10 minutes; • Two signatures are required on plans submitted to the Local Building Branch of the Municipality, namely, that of the NHOA Chairman (or authorised representative) and the Municipal Building Officer; • All rider pans or as-build plans, whether these be by developer, builders, architects or members, must be stamped and approved by N.H.O.A.; • New plans of buildings and improvement additions need to be stamped by Mc Carthy, his delegate or N.H.O.A. after checking their validity; • NHOA to obtain a second approval stamp, in addition to the one that Mc Carthy has; • The Association must make copies of the Constitutional rules and give a copy to any enquirer; the computer copy must be locked as a PDF document;
• Many variants of the Constitution have surfaced and these need to be discountenanced as being fraudulent and only official copies that are stamped and dated by the Association are valid. Tabled: Chairman S.K.Weber: Venue: 30 Burgandy Street: 14th August 2007 Meeting of trustees for Phase 1, 2 and 3. • We will join up as one Committee and the members will vote for new trustees; • Decide what is important for future observance; the combined members must present issues to be attended to at the AGM, in which Phases 1, 2 and 3 are being represented; • Fees will be revised to accommodate the Consolidation into one Committee;; • The three Committees are to keep their funds separate until full consolidation take-over has been fully arranged; • Sydney Weber is nominated and accepted as Secretary; • The matters from 1st March 2000 to28th February 2007 were approved; • Estate Agents are to be charged transfer fees, if the owner does not pay; • Each Phase to donate R1000.00 if extra funds are needed; this is decided for times of emergency; keep this suggestion in Trust; • Mr. Mc Carthy is to be approached to donate a grant of R1000.00 to assist the Association (He did this straight after the meeting); • Leave funds in the three separate bank accounts; the bank accounts of Phase 1 and 2, when decided by the main Committee, need to be closed; • The main Committee may check the balances of the accounts of Phase 1 and 2 every three months; • As business is transferred to the Main Committee, these two accounts will be suspended until further notice; all fees will be handled by the main Committee, and includes any levies that may have been or are in force; • Fees for building braais, will be determined by square meterage, as decided by the municipality (this was never implemented, but still stands); • The fee structure system is to be continued, as costs are being contained; • It was decided, instead of a policing policy that neighbourliness courtesy should be the way forward and the committee is there to deal with those who are rebellious and discourteous; • Copies of all minutes must be kept by the Secretary; • The holding of parties with long hours or at week-ends, and in the evening times, should not unduly disturb the neighbours; this is to prevent investigations of complaints which are to be monitored and regulated by the Committee; • Dust bins are to be removed from the streets after being emptied and must be placed behind locked gates, to avoid scavenging by street people; • Veldt sleepers are to be reported to the security and to be removed; • The house rules are to be revisited from time to time and revised accordingly; • Except for Phase 4, important notices may be placed in post boxes provided by the home- owners of all the Phases; (this shall be superseded when the nhoa.co.za website is set up for member notices); • Members and trustees, must enter their full details and sign on the list provided at each meeting; • Research must be done by the Committee for a suitable Book Keeper for year end accounts;
• If at all possible, at least five members need to be appointed, Chairman, Vice Chairman, Secretary, Treasurer and Building Inspector; a security trustee can also be appointed if there is no other security available; • Legal requirement of a Quorum of 75% of attendees, at all meetings is to be strictly observed; • The bank can enquire of the Committee, if all member dues, levies or fines are up to date; • Register the NHOA at Cape Town Municipality and, if necessary, at the Deeds Office; • The Combi Fax is the property of N.H.O.A. for use by either, the Chairman or Secretary, and the chairman can decide where the Fax needs to be connected. Tabled: Chairman S.K.Weber: Venue, Church with the open doors: Dated: 2nd September 2005 • The N.H.O.A. Phase 3 was elected as the main Committee at the Inaugural Meeting and the following Committee Trustees were appointed: Gideon Truter (Legal Advisor) Sydney Weber (Chairman) Eugen Ellis (Chairman) Mc Carthy (Building representative); • The Town Clark of the Municipality was present to witness this inaugural formation; • The list of basic rules was approved with ongoing meetings of the Committee to discuss ongoing improvements to the processes; • Interaction will be maintained with developer, builders, Home-owners, plot owners, Municipal Authorities of Kraaifontein, Estate Agents, Transferring Attorneys, Deeds office etc.; • Feedback is required from Municipality as to their requirements; • Meetings to be held with Phases 1 & 2, in the interest of the home-owners to form one combined Committee, under Phase 3; their excuses and delays will no longer be tolerated; • All activities of the Association must be according to the written mandates, and are to be applied and complied with according to the NHOA Constitution with the Addendum; • The NHOA must ensure that a balanced environment be maintained for neighbourly community development and in maintaining the integrity of property owners towards increasing their valuations of their properties, and they are to keep true to the Association in it’s entirety standing under the NHOA.; • As the current funding is strong, the issue of levies will be discussed at the AGM; • The amalgamation of the phases will allow for a balanced, fair and well-defined governance; • Although the current fee for copies of the Constitution with Addendum is R5.00 this may be subject to later changes. Tabled: Chairman S.K.Weber: Venue, Church of the open door: Date: 12th February 2009 • The Normandie Estate begins from the first face brick house in Witteboom Street, and embraces all the brick houses to the end of Sauvignon Street; • Normandie Home Owners Association does not build houses but assists in the selling of plots and in the building of houses by member owners; • Speed bumps were researched by trustees but were found to be too expensive; this idea is abandoned for the time being; in any case, there is not enough traffic to warrant them being placed;
• Builders have been careless with run-off cement water and sand; they need to clean up each day before they depart for home and builder’s rubble cannot be stored on pavements, unless removed the same day; • The drains are to be opened up by the Municipality; builders are to pay refundable deposit of R5,000 to the NHOA as a possible back-up in case of their failures; • Owners who engage builders who will not comply, must then pay the required deposit of R5,000 to the Association and can claim it back from their builders; • Lawns that are unkempt and unruly will generate a fine for their owners; • Law enforcement or Guard enforcement may be called in instances of unruly house or street behaviour; • In every lease or rental agreement all requirements are to be named and signed for, before a shift into the rented or leased house can take place; • All required information must appear on the various application forms that are provided by NHOA; • Port Jackson trees are not allowed on any NHOA properties, empty plots, or pavements of Normandie Estate Home Owners, nor in the Private Park Area. Tabled: Chaired by SK Weber: Venue: Cape Gate: 17 September 2020 • Bank Signatories met at the bank to sign; • SK Weber, C Visser and E Visser are appointed as bank signatories. • Two signatures are required, but C Visser and E Visser cannot sign together. Tabled: Temporary Chairman: E Visser: Venue: 6 Riesling Street, Normandie Estate (In front of SK Weber’s house): Special Meeting 19 September 2020 • Phases 1, 2, 3 representatives were invited to attend; • R500 was paid to Adv. Carlo Viljoen, as petrol refund, for reading and checking all minutes concerning the addendum approval; His service was provided Pro Bono; • Adv Viljoen stated “Addendum is fully valid”; • Phase 2 has transferred their funds to the main account, at the Standard Bank; • Phase 1 needs to decide within 14 days to close their ABSA account for transferal to Standard Bank Cape Gate; • Keys and locks have been purchased for park. • It was decided to research the situation concerning the registered ownership of the park at the Deeds Office; • The City of Cape (CoCT) apparently took R170,000 worth of water reticulation piping without NHOA permission, which was paid for by Normandie CC; Admission and explanation needs to be forthcoming from the CoCT Parks Department (A municipal worker informed SK Weber the next day concerning this but he asked not to be named. Mr S.K. Weber went to check if the removal of the pipes was true and found that all the pipes were missing); the original plot registered number of the private park area was 294 and xxxxx. But is now registered in two parts numbered, 15988 which contains the Electric Housing, and 15988, which is the park area. The Park is part of the original development of Normandie Estate, paid for by Normandy Estates CC as developer; • No written record has been presented to the Main Normandie Home Owners Association, for handover of any grounds to the Cape Town Parks Department, neither can any NHOA AGM approvals be found for this;
• Adv Viljoen stated the Cape Town Council cannot take over the park, without written and signed permission of the legitimate Chairman or his representative, having regard to the AGM meeting’s appropriate minutes; the basis of this decision will prevent the possible unlawful action of any particular trustee; • Cape Nature will place lights in the Park; • NHOA to investigate the situation at the Deeds Office, through Monica Korf; • Two witnesses are to go the City of Cape Town declaring these decisions are invalid and Adv. Viljoen says it is an urgent matter; • These issues will be placed on the Agenda at the next NHOA AGM; • Patrick agreed to provide the NHOA trustees with a list of all owners and their current addresses; (This has been done since.) Proposed Agenda for the next meeting: • Mr Ellis must show proof where he signed off plans for the Park and to whom?; • Mr Ellis must provide proof to the NHOA committee when he was appointed as interim Chairman of Chairman; • Mr Ellis needs to give an account of the following funds received for these properties that were transferred by himself: 48 Witteboom 1 Riesling 1 Riesling 9 Riesling 9 Shiraz 11 Shiraz. He must provide a list to the committee of proof of the deposit of the fees that should have been charged?; • Mr. Ellis stated that he gave the park over to City of Cape Town, plus 3 other plots; • Who did Mr. Ellis contact stating that the NHOA is dormant? This was by his own admission. • Documents that Mr. Ellis kept back, must be given to C Visser; (this was done a day or two later); • All 287 home-owners need to become involved in NHOA and this will be requested at the next AGM; • One person from Phase 1 will receive signing rights on the main bank account; • All at the AGM must be informed about the registration of the Park, and of its return to NHOA.; the Deeds Office proof must be requested. TABLED: Chaired by SK Weber: Venue: 6 Riesling Street, Normande Estate: 14 November 2020 • Present: Ernie Visser, Eugene Ellis, Christine Visser, Sydney Weber • Mr. Weber to receive a report from Mr. Ellis regarding his written appointment as an interim chairman, vice chairman or Chairman; • This is to be provided for Sydney Weber’s Trustee report to the Annual General Meeting; • From the 1st meeting to the present, some previous chairmen sanctioned incorrect paving and garage doors, plus other add-ons, such as braai chimney’s or lapas, which may be creating problems, at the time or the transfer inspection;
• Mr. Ellis stated before the Committee that he was unaware that the rules of uniformity was compulsory and signed off many houses without checking compliance; • All plans must be scrutinized by a trustee acting as building inspector before approval of any plans can take place; • The names of Lessees must be given to the NHOA; • Important: The front of houses must comply with NHOA uniformity rules; • All owners will be required to comply in future; • Eugene Ellis stated that Mr Weston changed the building specs without reference to the NHOA; this action is not known to the main Committee; our records show the following: (Phase 1 EXTERNAL FINISHNG SCHEDULE is dated 3/10/2002; Phase 2 EXTERNAL FINISHING SCHEDULE is dated 03/10/2002; • A list of Stats were approved for all phases on 28th June 2007 and was later releasesd, unchanged. on the 17th April 2008; • All building alterations must be neat, and fines can be issued if otherwise; • A complaints form will appear on nhoa.co.za web-page; • Neighbours can approach owners for complying to the rules, eg. when lawns and gardens that are not kept neat; and if abused, ill-treated or sworn at, they can report it to the Committee; • Mr. Dave Morris is the contact person for the City of Cape Town Municipality or the Park Department and is responsible for keeping the boundaries of the Park free from weeds etc.; Cape Nature is responsible for the removal of trees; • Mr. Ellis must provide the NHOA with a copy of the transfer of the Private Park to the Cape Town Municipal Authorities; • Scheepers is, according to Eugene, the contact for City of Cape Town transfer of Grounds;. • According to Mr. Ellis all open spaces plus the park were transferred to Cape Town Authorities, the park and three other pieces of documented erven. Tabled: Chaired by SK Weber (Advisor Truestee: Venue: 6 Riesling Street, Normandie Estate: Interim Trustee Meeting: 20th November 2020 • Letter to Normandie Home owners stating our mandate; (this will be done on the Website, as NHOA does not have all the addresses and names of owners); • Verified copies of Identity Documents need to be obtained from all owners at time of transfers; • All transfers are to be arranged through application on our own forms; if the attorney wants to do it on his own form it will cost him R150.00; • The chairman has no voting or salary, unless it is decided otherwise by the Committee; • The website is now valid and is nhoa.co.za; • The vice chairman or the person acting as building inspector, can claim R50.00 for each inspection; • 0ne person can accompany an owner applying for arbitration; such an applicant is responsible for all costs that may accrue; • One notice board with the details of the nhoa.co.za website is to be hung onto fence, at the entrance; word of mouth will then ensue; • Any levies must be paid to the secretary who will issue a receipt; • The Renters can be fined for not complying to the rules of the association; • If a transfer fails, a new application is needed for any new sale, and must accompany a once off cash fee of R150:
• Mr. E Visser to inform Ms. Mariaan Niewoudt at City Counsel of the mishandling of bins by the weekly waste removal lorry personel; • The price of R170,000, should be investigated or proven, for the NHOA water reticulation system that was removed. Tabled: Chaired by S. K. WEBER: Venue Marite Office, Brackenfell: 27th November 2020 • Mr. E Visser and Marite Manager and secretary attended a meeting specially arranged; • A copy of the constitution and its addendum were given to them; • A two-vehicle patrol, for day and night patrol, with cameras are needed; • We must obtain a stamped and signed copy from the Cape Town Municipality (and the Deeds Office) who have received our enquiries concerning the registration of the NHOA with Addendum; this was done, and copies have been kept in our records. We need a Levy clearance Certificate; Work out a budget with stated reasons; select a work’s Committee at the next Annual General Meeting; set up a legal board at the entrance to the Park in Shiraz Street. If owners do not comply they will face a fine (done by Mr. Du Preez). The Money that comes in from levies will be used to build an office block and access area. We can also instal LPR (CCTV Cameras) with 2 patrol vehicles, one for day time and one for night time. • A NHOA house/office is required for a fulltime secretary and for controlling the gateway by the security guards. Stamped and signed at Brackenfell on the 22nd Day of August 2021. 2021 Sydney Keith Weber (Advisor Trustee of NHOA.)
You can also read