CONSTITUTION OF THE EMMARENTIA RESIDENTS ASSOCIATION

1. NAME

The name of the Association shall be the Emmarentia Residents Association, hereinafter referred to as ERA.

2. OBJECTIVES

2.1. The Association shall be non political;
2.2. It shall strive to promote and safeguard the interests of all the residents in Johannesburg and particularly those of Emmarentia;
2.3. It shall strive to encourage all residents to become members of ERA and to act in the interests of such residents;
2.4. It shall strive to work closely with the municipality and other bodies responsible for services, facilities and amenities in the suburb to ensure that such bodies undertake their responsibilities and obligations to the suburb;
2.5. It shall strive to encourage the formation of similar non-political associations of residents in other suburbs or encourage those who have no Residents Associations, or who have no desire to form such Associations to join ERA, provided they are close enough in physical proximity to the boundaries of ERA;
2.6. It shall strive to determine, by free discussion and deliberation, the views of the residents within the suburb;
2.7. It shall strive to encourage membership of/and representation at residents federations and other organizations;
2.8. It shall strive to co-operate, consult and collaborate with the Ward’s representatives on the City Council to ensure the voice of public opinion is heard and given due consideration , for the management of the City;
2.9. It shall strive to support the principle of direct representation of the electorate upon City Council, and to oppose any movement which “impedes” the freedom of action of its elected representatives upon the City Council?
2.10. It shall strive to preserve and conserve the character of Emmarentia particularly the residential character of the suburb in conformity with the conditions appearing in the title deeds of individual properties as well as the requirements as contained in the National Heritage Act, 25 of 1999, Town Planning Legislation as well as any applicable By-Laws

3. MEMBERSHIP

3.1. There shall be four categories of membership of ERA, namely, Ordinary Members, Entrepreneurial Members (together hereinafter referred to as ‘Members’), Honorary Members and Business Members, the categories are as follows:
3.1.1. Ordinary Members consist of natural persons who are not younger than eighteen (18) years of age, who are residents and/or property owners in Emmarentia and who subscribe to the aforementioned objects;
3.1.2. Entrepreneurial Members shall be Members who own and/or operate businesses from their homes in compliance with zoning Byelaws;3.1.3. Honorary Members shall be those natural or legal persons (companies, associations or partnerships) not owning or occupying property in Emmarentia who inter alia, have an interest in the suburb and, in the discretion of the Executive Committee, are elected as such by it, subject to their motivation for membership because the Executive Committee, in its discretion, has decided that it is in the interests of Emmarentia that they be so admitted.
3.1.3.1. Honorary Members shall not possess the capacity to vote at any Executive Committee Meeting;
3.1.4. Business Members shall consist of companies, associations or partnerships who own or occupy fixed property in Emmarentia and who have subscribed to the above objects;3.1.4.1. Any business Member is entitled to appoint one representative to attend, speak and vote on its behalf at any meeting of ERA.
3.2. There shall be an Annual membership subscription which shall be determined by the committee and shall be payable in advance.
3.3. In the event of a subscription being unpaid for 6 months, membership shall be forfeited. Membership fees shall be deemed to cover the period March to February of the succeeding year;
3.4. Before the Annual General Meeting each year, there shall be compiled a true register of paid-up members of the Association.

4. ANNUAL GENERAL MEETING OF THE ASSOCIATION

4.1. The Association shall meet annually to receive a report and financial statement from the Executive Committee and this meeting shall be known as the Annual General Meeting hereinafter referred to as (AGM). Not less than fourteen days notice of the Annual General Meeting shall be given to the associations paid up members;
4.2. The Executive Committee may at any time call, a Special Meeting of the Association upon request by at least seven members, in such a case the Secretary shall convene such a meeting. No less than seven days notice of such meeting shall be given;
4.3. A quorum for an AGM shall be no less than 15% of the paid up members, with a minimum of 25 people present. If no quorum can be obtained at any such meeting, that meeting shall stand adjourned. Seven days notice shall thereafter be given to members informing them of the date of the adjournment and those present at such adjourned meeting shall form a quorum;
4.4. Only paid up members of the current year of subscription or their signed proxies shall be entitled to vote at meetings. Voting shall be by ballot unless otherwise decided at a meeting and agreed to by the Chair, whose ruling shall be final.

5. MANAGEMENT/ EXECUTIVE COMMITTEE

5.1. The management and Administration of the ERA shall be vested in an Executive Committee (herein after referred to as “the committee”) of no fewer than seven members.
5.2. The first meeting of a newly elected committee shall be convened by the Chair not later than six weeks following its election;
5.3. At the first meeting of the newly elected committee, the members present shall elect a vice chair, honorary secretary and honorary treasurer all of whom shall hold office until the next AGM;
5.4. The Committee shall itself appoint officers and members to fill vacancies occurring between Annual General Meetings.
5.5. The Committee may appoint Sub-committees from time to time and may delegate the sub committee’s authority to perform such duties as mandated by the Committee. On each subcommittee there shall be at least one member of the Committee. Sub Committees shall appoint their own chairman. The Committee shall determine rules governing the dissolution of sub committees.
5.6. A member shall ipso facto be deemed to have relinquished membership of the Committee if he/she fails to attend three consecutive meetings without apology, except by leave of absence.
5.7. An ordinary meeting of the Committee shall as far as possible be held once a month. At each meeting, the date of the next meeting shall be fixed.
5.8. Special meetings of the Executive Committee may be convened as may be necessary. Such meetings may be called by the chairman upon a request of not less than two members of the Executive Committee to be arranged at a meeting of the Executive Committee or as may have been agreed by its members. Seven days notice of such special meeting shall be given to members.
5.9. Five members attending a meeting of the Executive Committee shall constitute a quorum. If no quorum is present at any meeting, that meeting shall stand adjourned. Seven days notice shall thereafter be given to members of the date of adjournment and those present at such adjourned meeting shall form a quorum. The chair shall have a casting as well as a deliberative vote at all meetings;
5.10. In the absence of both the chair and the vice chair from any meeting, the members present shall elect a chaitr for that particular meeting;

6. FINANCE

6.1. All funds of ERA shall be deposited in a banking account to be held at any commercial bank agreed upon by the committee at a valid committee meeting. All Cheques or withdrawal notices from such account shall be signed by the Treasurer and the Chair upon production of a valid invoice. In the event that either the chair or the Treasurer are unavailable then any other member of the Committee, duly authorised to do so by the committee in addition to the Treasurer and the Chair shall sign such cheques or withdrawal notices only on production of a valid invoice. The committee shall in addition have the power to decide at a full sitting and upon the receipt of advice of financial advisers on how to invest the funds of ERA.

7. MEMBERS LIABILITY

7.1. The liability of members is limited to the amount, if any, of subscriptions in arrears. No member whether Committee or otherwise, shall have the right to incur any liabilities whatsoever on behalf of the Association unless approved in writing by a majority of the members of the Committee, which shall include te current Chair. If such liabilities are incurred without the express written permission of the committee then such party shall remain fully liable in his/her personal capacity, for such liability, without any prejudice to ERA. ERA cannot and shall not be held responsible for any opinion expressed by any of its committee or members unless such is reduced to writing and sent out on a letterhead of ERA.

8. AMENDMENT OF THE CONSTITUTION

8.1. This Constitution cannot be altered, save by resolution carried by the vote of two thirds of the members attending an AGM or a Special Meeting called for this purpose. Any amendments of the Constitution must be delivered to the Secretary at least thirty days before the holding of the AGM and must be circulated to the members at least fourteen days before the meeting.

9. NOTICES

9.1. All notices envisaged by this Constitution shall be delivered either by post, fax, electronically or by hand delivery to all residents in the suburb.

10. DISSOLUTION

10.1. Upon resolution carried by the vote of two thirds of the members attending a special meeting, specifically called for this purpose, ERA may be dissolved and its assets disposed of as may be agreed upon by at least a two thirds majority of the persons present at such meeting.

Adopted by the Emmarentia Residents Association on 22 February 1950, amended on 22 March 1994, 16 April 1997, 28 April 2001 and amended on 22 June 2011.