Notice: Amendments to the Memorandum of Incorporation
An email was circulated by Pretor to all members on 19 February 2019 which refers:
In terms of Section 1.3 of the Memorandum of Incorporation of the Rietvlei Heights HOA (NPC), the Board of Directors is empowered to make and amend rules aimed at ensuring a high-quality lifestyle for all residents of the Estate.
This notice serves to advise all Members of the Home Owners Association that the Directors have resolved to propose to allow the alteration of the Rules, namely Section 2 par 1.2 Architectural Guidelines, Building Standards and Rules (Architectural Guidelines) contained in Section B of the Estate Governance Manual, by Special Resolution at the next General Meeting of members.
The aim of the rule change intends to resolve any ambiguities or misinterpretation of the existing rule and to improve the governance procedures of the Home Owners Association, thereby advancing the interest of all members.
Directors propose to allow the alteration of the following Rule in the Architectural Guidelines:
2. of the Introduction to the Architectural Guidelines explaining clearly the time requirements within which construction and improvements are required to commence on undeveloped stands and to substitute Paragraph 1.2 to read as follows:
(B) ARCHITECTURAL GUIDELINES, BUILDING STANDARDS AND RULES
1.2 The construction and improvements must commence within two (2 Years) from the date of registration of the first transfer of ownership from the developer.
The two-year development window applies to first and subsequent owners and does not start afresh on date of registration of second or subsequent transfers.
Failure to commence building within the two-year period will result in a Building Penalty being imposed in the form of monthly administrative levies being doubled until building commences.
In respect of second or subsequent owners, such owners may appeal to the Board of Directors for relaxation of the two-year development rule to allow them reasonable time to commence development.
Once aesthetic approval has been given by the HOA, building must commence within one (1) year, where after approval will lapse and the approval process will start from scratch.
Ratification of these proposed amendments will be sought at the General Meeting of members to be held later this year following the Annual Audit.