HOA Constitution


The name of the Association is Kings City Owners' Association (KCHOA)

In this constitution, unless the context indicates to the contrary, the following words and expressions shall have the following meanings:

  • Aesthetics Review Committee

    means, until the Construction Phase has lapsed, the Developer and the architect appointed by the Developer acting alone, and after such period a committee of at least three (3) persons appointed by the Trustees.

  • Authorised representative

    means a person authorised to act as the representative of any natural person, company or association of persons, as the case may be.

  • Auditors

    means the auditors appointed by the Developer during the Construction Phase or by the Trustees at any time subsequent to the Construction Phase.

  • Chairperson

    means the chairperson for the time being of the board of Trustees appointed in terms of Clause 12.

  • Construction Phase

    means the period from the establishment of the Association until all the stands within the Development Area have been sold and transferred by the Developer, all of the dwelling houses of the registered owners have been completed and the Developer notifies the Association in writing that the development has been completed.

  • Developer Trustee

    means a Trustee appointed by the Developer.

  • Development Area

    means the housing development being carried out by the Seller on a certain pieces of land situate in the District of Bulawayo called Remaining Extent of Willsgrove as reflected on the approved plans.

  • Financial Year

    means the financial year of the Association, running from the first day of March in each year until the last day of February in the following year or such dates as may be determined by the Association in general meeting.

  • Levy

    means the levy or levies referred to in clause 7.

  • Manager

    means the Estate manager appointed by the Developer or Trustees from time to time in terms of clause 28.

  • Member

    means a Member of the Association.

  • Member Trustee

    means a Trustee appointed by the Members.

  • Services

    means such utilities and amenities as may be provided by or on behalf of the Association for the registered owners and/or residents within the Estate.

  • Special Resolution

    means a resolution duly passed by not less than seventy five percent (75%) of the votes in favour thereof duly cast at a General Meeting of Members.

  • Architectural Guidelines

    means the Architectural Design Guidelines and Controls embodied in the annexure hereto in respect of the development approved by the local authority, as amended from time to time.

  • Association

    means the Kings City Homeowners Association.

  • Common Property

    means the whole of the Development Area and all improvements thereon, including any access road and/or right of access by virtue of servitude, but excluding the residential stands.

  • Constitution

    means the constitution of the Association (together with all annexures thereto) and any amendments thereto effected in terms of this constitution.

  • Council

    means the City of Bulawayo and its successors in title.

  • Developer

    means Radar Properties (Private) Limited and includes its successor in title or assigns.

  • Estate

    means the development comprising the whole of the Development Area, including the residential stands and the Common Property.

  • Facilities

    means all and any facilities or amenities of whatever nature that may be provided within the Development Area and forms part of the Common Property.

  • Minutes

    means the minutes of a general meeting or a Trustees' meeting, as the context may indicate.

  • Operational Phase

    means the period after the Construction Phase has lapsed and the development has been completed.

  • Person

    means a natural person, juristic person and includes a private business corporation, company, trust or association of persons, as the context may indicate.

  • Registered Owner

    means a registered owner of a Stand as registered in the office of the Registrar of Deeds at Harare.

  • Stand

    means any stand, portion or subdivision of the Development Area and includes all improvements thereon;

  • Trustees

    means the Trustees of the Association consisting of the Developer Trustees and/or Member Trustees.

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