The founding constitution of the Penhill Homeowners’ and Residents’ Association (PHORA).
1. The Association
The name of the Association shall be the Penhill Homeowners’ and Residents’ Association (hereinafter called PHORA).
2. Legal Status
PHORA shall be a non-profit association and all surplus funds not required for the day-to-day direct operation of PHORA shall be used for the community in the Penhill area as decided by the members at the Annual General Meeting (AGM).
3. Registered Office and Area of Operation
The registered office of PHORA shall be for the time being 84 De Hulk Road, Penhill Estate. PHORA shall operate in Penhill.
4. Definitions
Executive Committee – shall mean the Chairperson, Vice-Chairperson, Honorary Secretary and Honorary Treasurer
Honorary Secretary – shall mean any person elected or appointed by the Management Committee to perform the duties of Secretary
Honorary Treasurer – shall mean any person elected or appointed by the Management Committee to perform the duties of Treasurer
Management Committee – shall mean the Management Committee elected in terms of Clause 10 hereof
Member – shall be a member of PHORA in terms of Clause 8 hereof
PHORA – shall mean the Penhill Homeowners and Residents Association
Resident –
5. Vision
To be an independent, apolitical, non-racial and non-religious association that protects, and acts in, the best interests of homeowners and residents of Penhill.
6. Mission Statement
To be responsive to the needs and interests of Penhill homeowners and residents through achieving its strategic objectives.
7. Strategic Objectives
The objectives of PHORA shall be:
7.1 To safeguard the interests of property owners and residents in Penhill
7.2 To raise funds and disburse such funds at the discretion of the PHORA Committee for the betterment of the residents of Penhill
7.3 To stimulate and foster interest in civic affairs
7.4 To promote pride of citizenship in all ways
7.5 To co-operate as fully as possible with the Sub-Council 22 and the Cape Metropolitan Council and, if necessary, recommend reforms for better administration and service delivery
7.6 To encourage suitable candidates to accept nomination as non-political representatives for Penhill and to secure their election to office
7.7 To promote the consideration, discussion and taking action in connection with subjects and issues deemed to be in the public interest excluding those of a political party, racial, gender and religious nature
7.8 To co-operate with any other Association outside of Penhill which has similar objectives
8. Powers
The powers of PHORA shall be:
8.1 Generally to take such action, and to do such things as may be required for the achievement of its objectives as laid down in the Constitution.
8.2 To receive annual membership fees and all other revenues of PHORA; to open and operate an account or accounts with any registered financial institution and to draw, accept and endorse bills, cheques, promissory notes and other negotiable instruments; and to invest any moneys of PHORA not immediately required for any of its objectives or commitments in such a manner as may from time to time be determined, provided that the income or profits from any investment or any other source shall be applied to the furtherance of the objects of PHORA and not to the payment of any dividend to its members.
8.3 To borrow, lend or raise money with or without security, and if secured, secured by any means including by overdraft from its bankers.
8.4 To acquire, purchase, lease or rent immovable property, buildings or premises for the conduct of PHORA’s business.
8.5 To acquire, purchase, lease or rent furniture, office fittings, office equipment, stationery and other movable property reasonably necessary for the furtherance of PHORA’s objectives and to dispose of the same by way of sale or otherwise.
8.6 To negotiate and obtain such insurances as may be necessary for the protection of PHORA’s property and insurable interests.
8.7 To determine, where not otherwise provided in the Constitution, the requirements for the admission of applicants as members, to receive, consider and decide upon such applications for membership.
8.8 To appoint, at the discretion of the ManCom, or suspend such legal appointees as it may think expedient.
8.9 To institute, conduct, defend any legal proceedings by and against the PHORA.
8.10 To allow sufficient time, at the discretion of the ManCom, for payment of debts due to the PHORA and of any claims or demands by the PHORA.
9. Membership
9.1 All homeowners in Penhill of (18) or years of age and older and or spouse/family member contributing to the upkeep of such property provided they are paid up members, with maximum of 2 per household.
9.2 Subscriptions – The amount of the annual subscription shall be determined annually at the Annual General Meeting of each year.
9.3 The paid annual subscriptions shall convey all rights and privileges of membership for the full year of payment.
9.4 Membership shall be subject to revocation for non-payment of subscriptions, or any other just cause according to this Constitution. Any person whose membership is revoked shall not be entitled to a refund of any monies paid to the association in respect of subscriptions.
10. Termination of Membership
10.1 The Executive, by not less than a two-thirds majority of those present at the meeting considering termination of membership of a member or members of the Executive or PHORA, shall have the right in its sole and absolute discretion to terminate the membership of any person or persons.
10.2 Such person or persons may appeal by giving notice in writing to the Honorary Secretary for a revision of the decision by a full Executive Meeting of members, which shall be convened by the Chairperson within one month from date of such action.
11. The Management Committee
The business and affairs of the PHORA shall be managed by a Management Committee (hereinafter, the ManCom) which shall be constituted as follows:
11.1 Elected Members – The number of elected members shall be a maximum of sixteen (16) Members, namely the Executive Committee comprising of four (4) office-bearers, namely Chairperson, Vice-Chairperson, Honorary Secretary and Honorary Treasurer and twelve (12) ordinary members. The sixteen (16) members shall be elected at the Annual General Meeting of the PHORA.
11.2 The Executive may co-opt additional members for special projects or tasks.
11.3 The term of office of Executive members shall be two (2) years. Executive members may serve a maximum of two (2) consecutive terms.
11.4 Other elected and co-opted members shall serve for one (1) year and shall stand down at the next AGM and may be re-elected.
11.4 Vacancies – The Executive shall have the power to co-opt a member to fill any vacancy.
11.5 No member of the Executive shall be allowed membership of any other Association, which is in opposition to the PHORA.
12. Sub Committee
The Executive may appoint sub-committees from among members of the Executive and the PHORA as may be considered desirable from time to time. The Chairperson of the PHORA shall in all cases convene the first meeting of any sub-committee and at such meeting the sub-committee shall elect its own Chairperson. The Chairperson of such sub-committee shall be a member of the Executive. The quorum for a sub-committee shall be one-third plus one of the memberships of such committee. The Chairperson, Vice Chairperson and Secretary shall be ex-officio members of all Sub-Committees.
13. Bye-Laws
The executive shall have the power to adopt bylaws for the efficient management of the business and affairs of the PHORA, provided such bylaws are intravires of these rules.
14. Meetings of the Executive and Management Committee
14.1 The Executive shall meet at least once every quarter.
Note: this document as received continues past clause 14.1 — further clauses (remaining meeting rules, finances, amendments, dissolution, etc.) can be added when supplied.