CRA Constitution & Website Terms

Please take the time to read through our website terms before making your decision to join as a member. Your agreement to our constitution and website terms is a requirement for membership.

Website Terms

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement.

We reserve the right to update or revise these Terms without giving you any notice. Please check the Terms periodically for changes. Your continued use of our Website following the posting of any changes to the Terms constitutes acceptance of those changes. Our Terms will be kept up to date at http://cra.org.za/

This website is owned and controlled by the CRA. The information and data on this website are subject to revision without notice and the CRA may revise this Disclaimer at any time by updating this notice. All material included in our website is intended for information purposes only and does not represent legal advice. Users should take appropriate steps to verify such information. No user should act or refrain from acting on the information contained in this website without first verifying the information and, as necessary, obtaining legal and/or professional advice.

By using our site, you are agreeing to comply and be bound by all terms and conditions herein. Please review the following terms carefully. If you do not agree to these terms, you should not use this site.

This Agreement is a legal document which sets out your rights and obligations, and those of the CRA, the CRA website (the “Site”, “Website” or “Service”) and the services, if applicable, offered by the CRA through it.

The CRA is an unregistered community voluntary association and a not for profit organisation.

Copyright

The CRA alone shall own all right, title and interest, including all related intellectual property rights, in and to our technology, the content and the service. The CRA name and logo belong to the CRA and rights granted to use them are with express permission of the CRA. The copying, redistribution, use or publication by you of any such matters or any part of the CRA website is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed on the CRA website. Any posting of information or materials on the CRA website does not constitute a waiver of any right in such information and materials. The content on the website is the copyrighted work of the CRA or third parties.

The CRA agree, in the normal course of your browsing through the website, to your printing or downloading to a standalone personal computer extracts for personal use, provided both the CRA is the acknowledged source, including the reference http://cra.org.za/, and that the CRA may revoke this permission at any time. Any unauthorised use of material is prohibited. Information contained in the members area is for members use only and should not be copied or distributed to third parties.

This Site may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavour to notify customers in advance of any service unavailability, this cannot be guaranteed, and we reserve the right to alter or withdraw the service at any time.

Indemnity

You must indemnify and hold harmless us and our directors, officers, employees, agents, vendors, advertisers, partners and suppliers, and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from your Access to and Use of this Site, any breach or violation of the Terms of Use of this Site or your violation of any law or your violation of the rights of any third party.

Limitations of Use

This Site is intended to be accessed by persons located in the following geographical area [Craighall Park, Craighall and Dunkeld West] and we make no representation that any information, materials or functions included in this Site are appropriate for use in any other jurisdiction.

By using this Site, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the Site or contacting us.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

To use our services, you must be over 18 years of age.

Any passwords issued by this site should be kept confidential at all times and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your membership. If you know or suspect that someone has knowledge of your password, then you should contact us immediately.

You may not use the Site for any unlawful or unauthorised purpose, including without limitation:

Distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material; Transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice; Interfering with any other persons use or enjoyment of the Site; Damaging, disabling or impairing the operation of this Site or attempting to gain unauthorised access to this Site or to networks connected to it, through hacking, spoofing or other such similar means.

Feedback and User Submissions

We do not solicit nor wish to receive any confidential or proprietary information from you.

If you do send to us by email or otherwise, any communication or material, you represent and warrant that the information and material is original to you, and you will be deemed to have granted us a perpetual, world-wide, royalty-free license to use such communications or material in any way we see fit and we will be free to use any such material or information contained in communications you send for any purpose whatsoever.

Termination

We reserve the right to decline a new registration, terminate your right to link to the Site, remove you as a user of this Site, and/or prevent any further use if you violate any of the Terms of Use. If we consider there to be a risk of liability or loss to us we may take any action deemed necessary to prevent such a liability or loss from occurring.

If we terminate your right to link to the Site you must cease linking to the Site immediately. Any person who holds a suspended or terminated membership must not order from or re-join this Site without our prior written consent. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms. Please note that we have the ability to trace your IP address, and if necessary, contact your ISP in the event of a suspected breach of these Terms of Use.

Enforceability

If any part of these Terms of Use are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of these Terms of Use.

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

Governing Law

The Terms of Use, Privacy Policy and any matter relating to this Site shall be governed by South African law and any dispute shall be resolved exclusively in the courts of South Africa.

We recommend you print a copy of these Terms of Use for your future reference.

If you have any questions regarding these Terms of Use or any aspect of our service, please contact us at admin@cra.org.za.

Privacy Policy

Privacy and security policies may be viewed on the CRA website. We reserve the right to modify our privacy and security policies at our reasonable discretion from time to time.

Use of your information

The CRA does not own any data, information or material that you or other users submit. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all the data that you submit, and the CRA shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any customer data. Upon request by the Head of Membership, the CRA may remove, modify, edit or otherwise alter any applicable member data. The Administrators shall also have the power to block, delete or otherwise modify the access of members under its membership account, and shall be solely responsible for the addition and removal of members under its account.

The CRA reserves the right to withhold, remove and/or discard member/customer data without notice for any breach of the Agreement. The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR) and or Protection of Private Information Act (POPI Act) Privacy, and in accordance with any other applicable data protection law.

Payment, Refunds, Upgrading and Downgrading Terms

Your membership is payable annually. There will be no membership fee refunds available after the 14-day cooling-off period. There are no downgrade refunds or refunds for months unused in any one year.

Cancellation and Termination

You are solely responsible for properly cancelling your membership. A telephone request to cancel your membership is not considered cancellation. You can cancel your membership at any time by e mail or by letter providing 14 days’ notice.  All your data will be archived or deleted in accordance with the Privacy Policy.

The CRA, in its sole discretion, has the right to suspend or terminate your membership and refuse any and all current or future use of the Service, for any reason at any time. The CRA reserves the right to refuse service to anyone for any reason at any time.

Third Party Content

Third party content may appear on the Website or may be accessible via links. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The CRA shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. We do not endorse any sites on the Internet that are linked through the CRA, and in no event shall the CRA or its licensors be responsible for any content, products, or other materials on or available from such sites. We provide membership services to you pursuant to the terms and conditions of this Agreement, the terms of your membership contract (Application for membership), acceptance of our Privacy Policy and adherence to the code of conduct and complaints procedure.

Representations and Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. The CRA represents and warrants that it will provide membership services in a manner consistent with acceptable governance standards. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain membership of the CRA and that your information is correct.

Internet delays

The CRA website and services may be subjected to limitations, delays and other problems inherent in the use of the internet and electronic communications.

The CRA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

Changes in terms and conditions

The CRA reserves the right to modify the terms and conditions of this Agreement or its policies relating to the CRA at any time, effective upon posting of an updated version of this Agreement on the CRA website. You are responsible for regularly reviewing this Agreement. Continued use of the CRA website after any such changes shall constitute your consent to such changes. Our Terms will be kept up to date at http://cra.org.za/privacy-policy/

Assignment

This Agreement may not be assigned without the prior written approval of the CRA but may be assigned without your consent by the CRA. Any purported assignment in violation of this section shall be void.

Definitions

“Consent” of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

By “the CRA technology” we mean all of the CRA’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by the CRA.

“Third party” is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

By “User” we mean an individual authorised to use the CRA membership services and have been supplied user identifications and passwords (or by the CRA at your request or the applicable Administrator’s request).

CRA Constitution

NAME

The name of the Association shall be the Craigpark™ Residents’ Association (“the Association”).

ADDRESS

The address of the Association to which all communications shall be sent and payments made shall be P O Box 41308, Craighall, 2024, alternatively the address of the Secretary.

DEFINITIONS

The “Area” the suburbs of Craighall and Craighall Park and such other suburbs or districts as may be admitted to the Association by the Executive Committee in its sole discretion

The “Executive Committee” the committee referred to in 7

“financial year” the financial year of the Association ending December 31

“Member” a person whose name is recorded in the register of Members referred to in 6.7

“year” a calendar year

OBJECTS

The objects of the Association shall be:

  1. To promote and protect the mainly residential nature of the Area as defined;
  2. to promote, protect and foster the collective interests of all Members and all Residents and property owners in the Area;
  3. to take note of all matters of public importance and their effect on the Area especially in matters of conversion of land use, safety, social, economical and health and to take action and make such representation as may be deemed necessary.

APPLICATION OF FUNDS

All funds accruing to the Association shall be applied in the implementation of its objects.

MEMBERSHIP

  1. Any person who is eighteen years of age or more and is an owner or occupier of land or buildings in the Area zoned for residential use shall be entitled to be registered as a Member of the Association if he:
  2. makes application therefor;
  3. furnishes his full name and address; and
  4. pays his annual subscription.
  5. Any Body Corporate representing the owners or occupiers of any Sectional Title Developments in the Area, provided that this clause shall not prevent an individual owner or occupier of such Sectional Title Developments from becoming a Member under clause 6.1 should that individual so elect, shall be entitled to be registered as a Member of the Association;
  6. Any business based and operative on land or buildings in that portion of the Area zoned for commercial use shall be entitled to be registered as a Business Member of the Association;
  7. Members shall be entitled to registration as a Member of the Association on written application containing the full name and address of the prospective Member, accompanied by payment of the relevant annual subscription as determined in terms of clause 6.6;
  8. A person or body registered as a Member shall be a Member of the Association for so long as he / it pays the annual subscription referred to in 6.6.
  9. The annual subscription to secure Membership of the Association for any year shall be such amount as may be determined from time to time by the Executive Committee for each category of Membership, provided that the annual subscription payable by residential Members over the age of sixty years shall be in such lesser amount as the Executive Committee may from time to time determine;
  10. The Association shall cause to be kept a register of Members in which there shall be recorded the names and addresses of all persons referred to in 6.1, 6.2 and 6.3.
  11. Annual subscriptions shall be payable in advance on or before the last day of the financial year. A Member whose annual subscription is not received by the Association before that date shall ipso facto cease to be a Member with effect from the day following that date but will automatically be reinstated as a Member with effect from the date of receipt by the Association of the annual subscription.

EXECUTIVE COMMITTEE

  1. The Association shall be administered by a committee which shall consist of not more than fifteen and not less than eight Members, elected at an annual general meeting.
  2. At its first meeting after each annual general meeting, the Executive Committee shall elect from its number a Chairman, a Vice-Chairman, a Secretary and a Treasurer who shall hold office as such until the following annual general meeting.
  3. The Members of the Executive Committee shall have power at any time and from time to time to appoint a Member as a Member of the Executive Committee, either to fill a casual vacancy or as an addition to their number but so that the total number of Members of the Executive Committee shall not at any time exceed fifteen in number. Any person appointed to fill a casual vacancy or as an additional Member of the Executive Committee shall retain office only until the next following annual general meeting and shall then retire but will be eligible for re-election.
  4. The Members of the Executive Committee may appoint committees from among their number and fix the quorum thereof which shall not be less than two and may delegate any of their powers or authorities to any such committee and may make rules for regulating the proceedings thereof. The Chairman shall be an ex officio Member of all committees appointed in terms of this clause. Any such committee shall be entitled to co-opt such person or persons not exceeding two in number as it may think fit from among Members of the Association.
  5. Nominations for Membership of the Executive Committee shall be submitted in writing to the Secretary at least one week prior to the annual general meeting, provided that the Chairman of such annual general meeting shall be entitled, in the event that insufficient written nominations are received, to accept nominations from the floor.
  6. Each nomination for Membership of the Executive Committee shall be proposed and seconded by Members in good standing and accompanied by written consent of the nominee.
  7. If more written nominations are received than there are vacancies to be filled, an election by ballot will take place at which each Member shall be entitled to only one vote for each vacancy to be filled. In the event of a tie in the voting, a further ballot shall be held. Any further tie shall be decided by lot.
  8. If the number of persons nominated for Membership is equal to the number of vacancies, the Chairman of the annual general meeting shall declare each such nominee duly elected to the Executive Committee.
  9. A Member elected to the Executive Committee shall serve on the Committee for three years but may resign at any time by tendering his resignation in writing to the Chairman. Any such Member shall be eligible for re-election.
  10.  No Member shall hold the office of Chairman for a term exceeding 3 (three) consecutive years. He or she shall be eligible for re-election only if he or she has vacated office for a period of 1 (one) year.

POWERS AND DUTIES OF THE EXECUTIVE COMMITTEE

  1. The management and control of the Association shall be vested in the Members of the Executive Committee who shall be entitled to act on behalf of the Association in all matters pertaining to the implementation of its objects: provided that the exercise of such management and control shall not be carried out in a manner inconsistent with or contrary to any resolution passed at any general meeting of the Association but no resolution passed in general meeting shall invalidate any prior act of Members of the Executive Committee which would have been valid if such resolution had not been passed.
  2. The Members of the Executive Committee shall cause to be kept proper and adequate books of account relative to the business and affairs of the Association, minute books wherein shall be recorded, inter alia, the names of all Members of the Executive Committee present at each meeting thereof or of any committee appointed in terms of 7.4 and all resolutions of general meetings of the Association.
  3. Any minute of any meeting of Members of the Executive Committee or of any sub-committee thereof or of any general meeting, if signed by the Chairman of the meeting or by the Chairman of the next succeeding meeting of Members of the Executive Committee or general meeting of Members, as the case may be, and any extract from such minutes, if signed by the Chairman or any Member of the Executive Committee and the Secretary, shall be receivable as evidence of matters stated in such minute or extract.
  4. The Chairman of the Executive Committee shall formally report to Members of the Association at the annual general meeting on the activities of the Executive Committee during the preceding year.

STATEMENTS AND PROJECTS

Statements to Members of the press or to any third party in respect of the business and affairs of the Association may only be made by a Member of the Executive Committee duly authorised thereto by such committee. No Member, other than a Member of the Executive Committee, duly authorised as aforesaid, shall have power or authority to bind the Association in any way whatsoever or to undertake any project on its behalf.

PROCEEDINGS OF THE EXECUTIVE COMMITTEE

  1. The Members of the Executive Committee may meet for the despatch of business, adjourn and otherwise regulate their meetings as they think fit. The quorum necessary to transact business at any meeting shall be five.
  2. Meetings of the Executive Committee shall be convened by the Secretary on the request of the Chairman to do so by giving to each Member of the Executive Committee not less than seven clear days notice of such meeting.
  3. Questions at a meeting of the Members of the Executive Committee shall be decided by a majority of votes. Each Member shall have a vote and the Chairman shall have both a deliberative vote and a casting vote. If at any duly convened meeting of the Executive Committee the Chairman is not present within five minutes of the commencement thereof, the Vice-Chairman shall act as Chairman : provided that if both the Chairman and Vice-Chairman are not present five minutes after the time for commencement of the meeting, the Members present shall elect a Chairman from amongst their number.

DISQUALIFICATION OF MEMBERS OF THE EXECUTIVE COMMITTEE

A Member of the Executive Committee shall cease to hold office as such:

  1. if he fails, without reasonable excuse, to carry out any duty allotted to him by the Executive Committee;
  2. if he is absent from three consecutive meetings of the Executive Committee without leave of the Members of such committee; or
  3. if he conducts himself in a manner detrimental to the interests of the Association;

and the Members of the Executive Committee resolve that he be disqualified from continuing in office.

GENERAL MEETINGS

  1. An annual general meeting shall be held not later than six months after the end of each financial year and not more than fifteen months shall elapse between the date of one annual general meeting and the next.
  2. An annual general meeting and a special general meeting referred to in 12.4 shall be called by not less than twenty one (21) clear days’ notice in writing despatched to all Members in good standing at the time : provided that a meeting of the Association shall, notwithstanding the fact that it is called by shorter notice than that specified herein, be deemed to have been duly called if it is so agreed by a majority in number of the Members present holding not less than ninety-five per cent (95%) of the total voting rights of all the Members. The period of notice shall be reckoned exclusively of the day on which it is despatched and of the day for which it is given and shall specify the place, the day and the hour of the meeting.
    1. The business of an annual general meeting shall be:
  3. to receive and consider the financial statements and the honourary auditor’s report for the preceding year;
  4. to appoint the honourary auditor;
  5. to elect Members of the Executive Committee; and
  6. to consider any other matter of which due notice has been given in the notice convening the meeting.
  7. In addition, any motion or question concerning the objects of the Association or its administration by the Executive Committee, duly proposed and seconded, shall also be considered.
  8. Upon a request addressed to the Chairman of the Executive Committee and signed by not less than thirty Members in good standing, the members of the Executive Committee shall call a special general meeting to be held not later than two months from the date of receipt of the requisition. The Chairman of the Executive Committee shall also have the right to call a special general meeting for any reason he sees fit. The notice of such meeting shall specify the nature of the business to be conducted thereat and no other business shall be considered at such meeting. If the Secretary shall fail to call the meeting within the period aforesaid, then the Members who signed the requisition may themselves do so by giving to all Members the same required notice in writing.
  9. The quorum for an annual general meeting shall be thirty Members and for a special general meeting forty Members.
  10. The Chairman, or in his absence the Vice-chairman of the Executive Committee shall take the chair at every annual general meeting or special general meeting but if the Chairman or Vice-Chairman is not present at the time appointed for the holding thereof the Members present shall choose another Member of the Executive Committee as Chairman: provided that if no Member of the Executive Committee is prepared to take the chair then the Members present shall choose one of their number to be Chairman.
  11. All questions, motions and matters arising at or submitted to any annual general meeting or special general meeting shall be decided by a majority of the votes cast and shall, in the first instance, be decided by a show of hands. In the case of equality of votes the Chairman shall, both on a show of hands and at a poll, have a casting vote in addition to the vote to which he is entitled as a Member.
  12. At any general meeting, unless a poll is demanded:
    1. by the Chairman; or
    2. by not less than ten Members;
  13. a declaration by the Chairman that the resolution has been carried or carried by a majority or lost or not carried by a particular majority shall be final and an entry to that effect in the minute book of the Association shall be conclusive evidence of the fact without proof of the number of votes recorded in favour of or against such resolution.
  14. If a poll is demanded it shall be taken forthwith in such manner as the Chairman of the meeting directs. Scrutineers shall be elected to count the votes and to declare the result of the poll and their declaration, which shall be announced by the Chairman of the meeting, shall be deemed to be the resolution of the meeting on the question in respect of which the poll was demanded. In the case of any dispute as to the admission or rejection of a vote, the Chairman of the meeting shall determine the same and such determination shall be final and conclusive.
  15. The Chairman of an annual general meeting or special general meeting may, with the consent of the meeting, adjourn the same from time to time and from place to place but no business shall be transacted at any such adjournment other than the business left unfinished at the time when the meeting was adjourned.
  16. If at any annual general meeting or special general meeting there is no quorum present at the time appointed for the meeting, the meeting shall stand adjourned to the same day, time and place fourteen days later when the Members present shall constitute a quorum and shall transact the business for which the meeting was convened.

FINANCE

  1. All Membership subscriptions and all other funds received by the Association from whatsoever source shall be the property of the Association and shall be under the control of the Executive Committee who shall cause the same to be deposited in an interest bearing account in the name of the Association with a registered financial institution.
  2. All bills of exchange, cheques, promissory notes and other instruments evidencing the financial commitment or obligation of the Association shall be signed on its behalf by any two together of the Chairman, vice-Chairman, secretary and treasurer of the Executive Committee.

PERSONAL LIABILITY

Neither the Members of the Association nor the Members of the Executive Committee or of any sub-committee thereof shall be personally liable for any obligation of the Association properly undertaken or incurred on the Association’s behalf by the Members of the Executive Committee or such sub-committee in the honest and reasonable exercise of their powers and duties and the Members of the Executive Committee shall be entitled to apply the common fund of the Association to the discharge or settlement of any such obligation.

LIFE HONOURARY MEMBERSHIP

The Executive Committee shall be entitled to confer Life Honorary Membership on any Member or past Member who has rendered loyal and valuable service to the Association, notwithstanding that the said Member or former Member may no longer occupy land or buildings zoned for residential use in the Area.

DISSOLUTION

  1. The Association may be dissolved upon a resolution to that effect being passed by a majority of not less than three-quarters of the Members present at a special general meeting, duly convened by notice stating its purpose as being the dissolution of the Association and the disposal of its assets. At such meeting a financial statement to date shall be presented.
  2. Any assets which remain after the satisfaction of the Association’s debts and liabilities shall be remitted to a registered welfare or charitable organisation chosen by a majority of the Members present.

AMENDMENTS TO THE CONSTITUTION

Any amendments to this Constitution shall require the approval of a majority of two thirds of the Members present at a properly constituted annual general meeting or special general meeting.

This amended Constitution was adopted by the Executive Committee of the Association at a meeting held on Tuesday 2 April 2002 and ratified at the annual general meeting held on 14 May 2002.