Constitution of the Nautilus Village Homeowners Association

1. PRELIMINARY

The rules contained herein will not be added to, amended or repeated without approval of the local authority.

2. INTERPRETATION
   • The following words will, unless the context requires, have the meanings hereinafter assigned to them:

• “accounting officer” – a person who in terms of section 60(2) of the Close Corporation Act, 1984 (Act No. 69 of 1984), is qualified to perform the duties of an accounting officer;
• “auditor” – an auditor qualified to act as such under the Public Accountants and Auditors Act, 1951 (Act No. 51 of 1951);
• “association” – Homeowners’ Association;
• “chairman” – the Chairman of the Trustee Committee;
• “development” – the Unit Erven and the Private Area;
• “developer” – CRD Holdings No 2 (Pty) Ltd;
• “local authority” – the City of Cape Town or any other local authority established or to be established to succeed in whole or in part such authority in exercising control over the local area of which the Development forms part;
• “member” – every registered owner of an erf. If a member consists of more than one person, such persons will be jointly and severally liable in solidus for all obligations of a member in terms of this constitution;
• “month” – calendar month;
• “office” – the registered office of the Association, being:

Oude Village Properties

P O Box 380, Gordon’s Bay 7151

8 Royal Du Cap Street, Nautilus Village, Gordon’s Bay 7140

Tel: 021 856 0260,   Fax: 086 684 1813,   Cell: Pauline 083231 1138;

• “Ordinance” – the Land Use Planning Ordinance (Ordinance 15 of 1985), as amended from time to time, as well as any regulations in force thereunder;
• “original erf / erven” – Portions 1-75 of Erf 8396, (see subdivision plan no. J2506/11) or any part thereof;
• “registered owner” – the registered owner of a Unit Erf;
• “resident architect” – if necessary, to be appointed yearly by the Trustees on a year to year basis;
• “trustee” – a Member of the Trustee Committee;
• “trustee committee” - the Board of Trustees of the Association;
• “unit erven” – the residential erven resulting from the subdivision of the original erf, consisting of 75 Erven, and
• “year” – calendar year.
  • Unless the context otherwise requires, any words importing the singular number only will include the plural number, and vice versa, and words importing any one gender will include the other gender.
  • Words and expressions to which a meaning has been assigned in the Ordinance will bear the meanings so assigned to them.

3. PURPOSE

Main Objectives

In accordance with the provisions of Section 29 of the Ordinance, the main objectives of the Association are:

1. the care, maintenance, upkeep and control of the Public Open Spaces, control over the design and maintenance of buildings and other improvements or services both erected or installed on Unit Erven and on the Private Area and the promotion, advancement and protection of the communal and group interests of the Members generally;
2. to promote and enforce standards, not the least of which should be the pleasant atmosphere on the group site, in such a way that members may derive the maximum collective benefit thereof;
3. promote and enforce acceptable aesthetic, environmental and architectural styles and design criteria for the group site in order to achieve the harmonious development thereof;
4. acquire the necessary finance from members to attain its set objectives;
5. without limiting the generality of the foregoing;
6. the maintenance and repairs to the Public Open Space will be the sole responsibility of the Association.

4. MEMBERSHIP
   1. Membership of the Association will be compulsory for every registered owner of a Unit Erf and the purchaser of a Unit Erf will become a Member on registration of transfer of the Unit Erf purchased in his name as determined by the Deeds Office.
   2. Membership of the Association will be limited to the registered owners of the Unit Erven provided that where any such owner is more than one person, all the registered owners of that erf will be deemed jointly and severally to be one Member of the Association.
   3. When a Member ceases to be the registered owner of a Unit Erf, he will ipso facto cease to be a member of the Association.
   4. A Member will not be entitled to sell or transfer a Unit Erf without the prior written consent of the Association which consent may only be withheld for the reasons described in 4.6.1 – 4.6.2 below.
   5. To comply with paragraph 4.4, any Member, except the Developer, who wishes to sell his Unit erf to a purchaser (“transferee”) must in writing apply in a form as prescribed from time to time by the Association for consent by the Association to the sale of his Unit Erf. The aforesaid application must inter alia contain a full description of the identity and nature of the Purchaser and in the event that the Purchaser is a legal person or Trust, any other particulars that the Association may require in respect of the members of the Purchaser.
   6. The Association will grant its consent referred to in paragraph 4.4 if:
      1. the transferee has in writing applied to become a Member of the Association, has in writing agreed to abide by the terms of this Constitution and has in writing agreed that transfer of a Unit Erf into his name will ipso facto constitute him as a Member of the Association; and
      2. the Member who wishes to pass transfer has paid to the Association all amounts due or that which may become due and owing to the Association by him prior to the expected transfer date.
   7. Should the Association provide its consent, registration of transfer will ipso facto constitute the transferee as a Member of the Association.
   8. Notwithstanding anything to the contrary in these presents, any person who becomes a Registered Owner of a Unit Erf without paragraph 4.6.1 to 4.6.2 having been complied with, will from date of registration of transfer of the Unit Erf in his name be accepted by the Association as Member.
   9. The registered Owner of a Unit Erf may not resign as a Member of the Association.