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.
means a person authorised to act as the representative of any natural person, company or association of persons, as the case may be.
means the auditors appointed by the Developer during the Construction Phase or by the Trustees at any time subsequent to the Construction Phase.
means the chairperson for the time being of the board of Trustees appointed in terms of Clause 12.
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.
means a Trustee appointed by the Developer.
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.
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.
means the levy or levies referred to in clause 7.
means the Estate manager appointed by the Developer or Trustees from time to time in terms of clause 28.
means a Member of the Association.
means a Trustee appointed by the Members.
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.
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.
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.
means the Kings City Homeowners Association.
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.
means the constitution of the Association (together with all annexures thereto) and any amendments thereto effected in terms of this constitution.
means the City of Bulawayo and its successors in title.
means Radar Properties (Private) Limited and includes its successor in title or assigns.
means the development comprising the whole of the Development Area, including the residential stands and the Common Property.
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.
means the minutes of a general meeting or a Trustees' meeting, as the context may indicate.
means the period after the Construction Phase has lapsed and the development has been completed.
means a natural person, juristic person and includes a private business corporation, company, trust or association of persons, as the context may indicate.
means a registered owner of a Stand as registered in the office of the Registrar of Deeds at Harare.
means any stand, portion or subdivision of the Development Area and includes all improvements thereon;
means the Trustees of the Association consisting of the Developer Trustees and/or Member Trustees.