The Concerned Mooring Owners – CMO was formed out of concern for the legitimacy of the Marina, our mission therefore is: “To maintain the ‘Active Status’ of Algoa Bay Pleasure Craft Marina Association, and to ensure that its article of agreement (Constitution/MOI/User Agreement) continue to be the foundation of the Marina.
So why the SGM?
The legal position is that ABPCMA must through its newly elected directors and members:
- Finalize the separation with PEDSAC
- Honour its obligations to its members by formalizing all User Agreements
- Take decision at a properly convened meeting whether the current company – ABPCMA should be used or a new company should be formed?
- Ensure that the Company is up to-date and complies with SARS
It is not for a splinter group operating through the AGS Auto Trust t/a Algoa Bay Sailing Marina to fulfil these functions. Costs incurred in this regard are without any legal foundation. At no stage did the holder rights and obligations to ABPCMA, convene a meeting to receive authorisation for the transfer of its obligations and ownership of its property to any splinter group. The AGS Auto Trust t/a ABSM can only take decisions through its trustees. A trust does not have members. Any decision taken by the Trust at a meeting in law is invalid and of no force or effect. The trustees take decisions and the responsibility for such decisions. Any costs incurred by the splinter group should not be borne by the members of ABPCMA, but rather the “members” of the splinter group and/or its Directors and/or the trustees of AGS Auto Trust t/an ABSM. Despite numerous warnings they persisted to act outside of the constitution of ABPCMA the only holder of rights and obligations of the entire Marina Walk-on system.
Two main concerns by some are:
- “ABYC will have a negative effect on ABPCMA finances should they fail to meet their financial commitments”. Neither the individual members nor associated companies will be affected. Paragraph 4 of ABYC revised constitution states: “The property of the Club shall be solely liable for the debts of the Club and the individual members shall not be personally liable for such debts or portion thereof. The liability of the members shall at all times be strictly limited to any subscriptions or other monies that may be owing by them to the Club”. In addition Paragraphs 12.5, 14.10.1, 18.6 and 18.7 of the constitution offer further protection and comfort to members whilst absolving them from liability. This applies and protects Mooring owners.
- “ABYC will have access to ABPCMA funds”. Again this is incorrect, members/owners of the Marina need to veto any such undertaking and/or request.
BACKGROUND
Currently no Directors of Algoa Bay Pleasure Craft Marina. Yes a committee of 3 volunteers took up the challenge and successfully resurrected the Marina. In February 2010 PEDSAC announced that they would break-away from the ABPCMA and go it alone, this was supported by the majority of share-holders. It was agreed that AGS Auto Trust open a bank account to “collect” the agreed special levy (to kick start the rebuild) in order to keep the funds separate from the monthly levies until the split is finalised. For unknown reasons we were told to start paying our monthly levies into AGS Auto Trust, and here is where the problems started! The split has not been finalised to-date!
Over time since 2010 the volunteer group explored the options of a new Section 21 Company vs. a Trust, or reverting and/or keeping what is already in place, pre-storm, ABPCMA. In various meetings and Newsletters from this managing entity it was clear that ABPCMA will be maintained. At no stage at all was a mandate ever given and/or voted on for the creation of another Section 21 Company, other than from informal meetings – documents were circulated for comments on User Agreements, nothing came of this!
A recent Newsletter informs Mooring Owners that we will have to sign a new User Agreement with the new Section 21 company – Algoa Bay Sailing Marina. The only legal body that can enter into a User Agreement is ABPCMA, as they own ALL OF THE MARINA ASSETS = Walk-on’s, fingers, blocks & chains, tools, etc.
We cannot comment on behalf of our friends and neighbours PEDSAC, other than the Mooring Owners are still part of ABPCMA. We do know that they did submit a tender for their Mooring space and jetty. This is something the new incoming Directors will have to tackle once they have regained “normality” with the Marina.
The CMO are tired of this on-going confrontation from a minority group. We want new governance. We want a Marina that is friendly and supports the sport of sailing and boating in general. We need to restore the Management of the Marina to pre-storm. Once the new Directors from both PEDSAC and Yachties have corrected the current situation than the option of a “split” can be visited.
It is untenable that representatives of AGS Auto Trust t/a ABSM refuse to comply with request from owners of ABPCMA for information viz: lists of mooring owners, and copies of the 2 Tenders submitted to TNPA.
It’s your Marina and your Right, vote for a better marina, show support by attending the SGM on the 17th August 2015. Over 23% of “Walk-on” mooring owners from the Yacht Club side have signed their support for this SGM and its objective.
Should you have any comments please email any of the CMO convenors:
- Doug Stannard – stannard@iafrica.com
- Russel Morgan – pabtrad@iafrica.com
- Harry Lamprecht – hlamp@vodamail.co.za
- John Tudehope – tudehope@eject.co.za