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Communal Property Associations Act, 1996 (Act No. 28 of 1996)

Schedule

Matters to be addressed in the Constitution of a Communal Property Association

 

(Section 8(2)(d))

 

1. Name of the association.

 

2. Address of the association.

 

3. Objects of the association, including the identity of the community.

 

4. Land or property to be owned by the association, if known.

 

5. Qualifications for membership of the association, including a list of the names and, where readily available, identity numbers of the intended members of the association: Provided that where it is not reasonably possible to provide the names of all the intended members concerned, the constitution shall contain—
(i) principles for the identification of other persons entitled to be members of the association; and
(ii) a procedure for resolving disputes regarding the right of other persons to be members of the association.

 

6. Classes of membership (if any) and the rights of members of different classes.

 

7. The rights of members to the use of the association's property.

 

8. Whether membership is based on individuals or families; if based on families, how the family is to be represented in the decision-making process of the association.

 

9. The grounds and procedure for terminating membership, and what happens to the rights and property of the member concerned.

 

10. The property: The purposes for which it may be used, and the physical division and allocation of the property.

 

11. Whether members may sell their rights and, if so, to whom.

 

12. What happens to a member's rights on his or her death.

 

13. How the committee is to be elected, its terms of office, its powers, the powers of members in relation to decisions made by the committee, the power of members to remove the committee or members of the committee, and payment (if any) of the committee members.

 

14. How and when the Annual General Meeting is to be called, the quorum or other measure of representativity at an Annual General Meeting, and procedure at an Annual General Meeting.

 

15. General Meetings: How and when General Meetings are to be called, the quorum or other measure of representativity at a General Meeting, and procedure at a General Meeting.

 

16. The powers of the association, and any limitations on them.

 

17. Who is responsible for keeping minutes of meetings, and access to the minutes by members.

 

18. Financial matters: How the money of the association will be dealt with, who will have the right to make payments on behalf of the association, how and by whom the financial records will be kept, what provision there will be for independent verification of the financial records, distribution and division of profits, responsibility and apportionment of working expenditure, and access to financial information by members.

 

19. How the constitution may be changed.

 

20. How the association may be dissolved, and in that event what will happen to the assets of the association.

 

21. Disciplinary matters, and in particular how corruption, nepotism and offences referred to in section 14 of the Act are to be dealt with.

 

22. How disputes in the association are to be resolved.