If our munipality delivered on all the services we pay for that would be great. The reality, however, is that this rarely happens. If we individually attempted to engage with the service provider departments where issues arise, this would be disorganised. Hence the need for a representative body to liaise on behalf of the ratepayers for common problem areas.

The Glenhills, Glen-Anil Ratepayers Association currently operates as a Voluntary Association (VA). It is an agreement by a group of individuals to work together for a common non-profit objective to further the interests and rights of its members.

There is no legislation governing VA’s, but in common law VA’s are recognised as legal bodies separate and distinct from its individual members.

Legally

• It has the capacity to obtain its own rights and obligations,

• is capable of owning property apart from its members,

• can sue and be sued in its own name, and

• has perpetual succession (irrespective of member turnover).

• It may not distribute surpluses or assets to any executives or members, and

• on dissolution must transfer any remaining assets and cash to another Ratepayers Association.

If the above is included in its Constitution, it is known a Universitas – a VA incorporated in terms of the common law.

No further registrations are required. Registration as a Non-Profit Organisation (NPO) under the NPO Act, or incorporation by legislation as a section 10 Company under the new Companies Act, is voluntary. A Universitas is better suited to our Association to use as it is more self-regulated and less costly to incorporate. It is simpler and easier.