Common use of Status of Developer Clause in Contracts

Status of Developer. Until such time as the completion of the development, the following provisions shall apply in addition to the conditions in these presents: 41.1 The Developer shall be entitled: 41.1.1 to remain the sole trustee/chairman of the Association until completion of the development, but reserves the right to also nominate and appoint a pro rata proportion of the trustees to the Board, such proportion being the same proportion as exists between the total number of all the ▇▇▇▇▇ and the total number of all the ▇▇▇▇▇ of which the Developer is the registered Owner at the relevant time, subject to the provision that until completion of the development has been achieved, the Developer shall always be entitled to appoint at least one trustee to the Board; 41.1.2 At a meeting of the Members, the Developer shall hold a number of votes equal to the number of properties owned at the time of voting plus an amount of votes equal to 50% (fifty percent) of the ▇▇▇▇▇ sold, whether such vote is by show of hands or poll. At a meeting of the trustees, the Developer (as the chairman of the trustees) will have an amount of votes equal to the total number of trustees appointed, whether such vote is by poll or show of hands; 41.1.3 To require that the trustee committee enforces the rights granted to it in terms of these presents against any Member or Sub-Member who, in the opinion of the Developer, is not complying with his obligations as a Member or Sub-Member, and in particular, within restricting the finality of the a foregoing, has failed to maintain all building and other improvements on its property by giving such Member or Sub- Member written notice in which his failure to comply with the particular provisions of these presents is detailed and calling upon him to remedy such failure within a prescribed period of not more than 30 (thirty) days; failing which, the Developer shall be entitled at the sole cost of that Member or Sub-Member to carry out all such work as may be required to maintain such building and other improvement on its property; 41.1.4 to erect such signage, flagpoles, messages and/or other forms of notices or advertising on the development including the private open spaces and private streets, the private road area and/or the exterior walls (if any) of the development, subject to the regulations and by-laws of Local Authority pertaining to signage from time to time; 41.1.5 to further develop land adjacent to the development, during and after the development period. In this instance, the Constitution must be amended by the Developer, with the approval of the Local Authority, to provide for the addition of land to the development. The Local Authority may prescribe conditions pertaining to the incorporation of the additional land. It is recorded that the Owners or Occupants of the additional land, will ipso facto become Sub-Members of the Association and will be subject to all the rights and obligations of a Sub-Member, as provided for in this Constitution, including, but not limited to, the payment of levies. The details of the additional land must be announced to the current Members at a GM. No Member or Sub-Member will have the right to vote or object to the requisite addition of additional land to the development, provided that the Developer confirm to the conditions imposed by the Local Authority or any other relevant authority. 41.1.6 to amend this Constitution during the development period, without the need to be approved by the Association in GM, so as to comply with the requirements from time to time of the Local Authority in relation to the conditions of establishment for the development or any subdivisions thereof, or any other land which may be added to the development by the Developer, in its sole discretion. Any such amendments will only be communicated by the Developer to the Management Company and the Developer will not be obliged to communicate these changes to the Members; 41.1.7 to scrutinise, approve and submit all building plans to the relevant authority to obtain the relevant approvals until the completion of the development; 41.1.8 to cede and assign all or any of its rights or obligations in terms of the Constitution, in writing, to any transferee of its choice and such transferee shall be entitled to take transfer of all such rights and obligations; 41.1.9 to abandon, in whole or in part, any of its rights, at any time; provided that it is done in writing. 41.2 Neither the trustee committee nor any Member of the Association shall prevent or hinder in any way the Developer from: 41.2.1 gaining access to and egress from the development; 41.2.2 continuing any building operations at the development; and/or 41.2.3 marketing and selling any of it unsold Land Units, including the advertisement of the sale of such Land Units on the private open spaces and private streets and/or at the development. 41.3 Upon the completion of the development, the rights of the Developer in terms of the provisions of this clause 41 shall immediately terminate ipso facto and no longer be of any force and effect. 41.4 In the event of a dispute as to whether or not the development has been completed as envisaged herein, the decision of the architect appointed by the Developer for the development shall be final and binding. 41.5 No provision of this Constitution shall be added to, amended, substituted or repealed without the prior written consent of the Developer for the duration of the development period.