B.These RULES Are Drafted in Terms of the Constitution of the ASSOCIATION
ANNEXURE C
THE RULES
PREAMBLE
A.TheEXCOM is authorised to administer the SCHEME in accordance with the objects and powers of the Association.
B.These RULES are drafted in terms of the constitution of the ASSOCIATION.
C.The EXCOM hopes that these rules will serve as a guide to harmonious living.
D.Common courtesy and thoughtfulness are the key to harmonious community life.
E.These RULES are binding on all owners, lessees, occupiers, employees and guests. It shall be the MEMBER's duty to ensure compliance with these RULES.
F.For the purpose of these RULES, the same definitions as contained in the Constitution of the ASSOCIATION shall apply.
G.The object of Rule 21, Fines, is to discourage MEMBERS or occupiers from willfully ignoring the constitution and RULES made in terms thereof, the enforcement of which would require action through the courts at the expense of the ASSOCIATION.
RULES
1.GENERAL
1.1A MEMBER or occupier shall permit any person authorised in writing by the EXCOM, at all reasonable hours on notice (except in the case of emergency, when no notice is required), to enter his property for the purpose of fulfilling the objects of the constitution.
1.2A MEMBER or occupier shall use and enjoy the COMMON AREA in such a manner as not unreasonable to interfere with the use and enjoyment of other owners or other persons lawfully on the SCHEME.
1.3A MEMBER or occupier shall not use his property in such a manner as to cause a nuisance to another occupier of the SCHEME.
1.4A MEMBER or occupier shall not use his property in any manner or for such purpose as shall be detrimental to the status of the SCHEME.
1.5A MEMBER or occupier shall not make alterations, which are likely to impair the stability of his building or the use or enjoyment of the other buildings or prejudice the harmonious appearance of the buildings on the SCHEME.
1.6A MEMBER or occupier shall not construct or place any structure on his property without the prior written consent of the EXCOM, which shall not be unreasonably withheld.
1.7A MEMBER shall not allow his property to be occupied at any time by more than two occupants per bedroom, without first obtaining the EXCOM’s consent in writing.
2.EXCOMS DUTIES AND RIGHTS
2.1The EXCOM shall open a bank account in the name of the ASSOCIATION.
2.2The EXCOM shall keep books of all income and expenditure.
2.3The EXCOM shall budget for the COMMON EXPENSES.
2.4The EXCOM shall insure the COMMON AREA and improvements thereon for the full replacement value and take out public liability insurance covering mishap on the COMMON AREA.
2.5The EXCOM will maintain the COMMON AREA.
3.MANAGING AGENT
The EXCOM may appoint a managing agent.
4.REPAIRS AND MAINTENANCE
4.1A MEMBER shall repair and maintain his property and keep it in a clean, neat and sound condition.
4.2If a MEMBER fails to repair and maintain his property, and the failure persists for 30 (THIRTY) days after written notice to repair or maintain given by the EXCOM, the ASSOCIATION shall be entitled to remedy the member’s failure and recover the cost of doing so from such MEMBER.
5.ANIMALS, REPTILES AND BIRDS
5.1A MEMBER or occupier may keep dogs, cats and other pets only with the written permission of the EXCOM. Dogs shall be properly leashed when on common property. Failure to observe this rule may be interpreted as a nuisance.
5.2Should any pet prove to be a nuisance or disturbance, it shall be removed from the SCHEME within 30 (THIRTY) days of written notice from the EXCOM.
5.3A MEMBER or occupier shall not site his pet accommodation where it is visible from outside his property.
5.4MEMBERS and occupiers shall remove excrement left on the COMMON AREA.
6.REFUSE REMOVAL
6.1Refuse will be collected from units at 07h30 on Mondays and Fridays (excluding public holidays).
6.2Refuse shall be placed in black plastic bags or other suitable containers immediately outside the MEMBER's yard before the collection times. Refuse not placed outside the MEMBER's yard in time for collection shall be taken by the occupier and placed in the refuse room.
7.VEHICLES
7.1The speed limit in the complex is 20km/h. Attention of visitors shall be drawn to this restriction.
7.2No caravan, boat, trailers or similar vehicles shall be parked in the COMMON AREA. With written permission of EXCOM, exceptions may be made for periods not exceeding 30 (THIRTY) days.
7.3Other vehicles, including motorcycles, tricycle, soapboxes, skateboards and roller skates shall not be left in the COMMON AREA.
7.4A MEMBER or occupier shall not permit a vehicle to drip oil or brake fluid on the COMMON AREA.
7.5No vehicle shall be permanently parked in areas demarcated for visitors.
7.6The EXCOM may cause vehicles, which contravene the rules to be towed away at the risk and expense of the MEMBER responsible for parked or abandoned vehicles.
7.7Motorcycles and quad bikes are not permitted within the boundaries of erf 2734 comprising part of the COMMON AREA.
8.DAMAGE, ALTERATIONS OR ADDITONS
8.1A MEMBER or occupier of a property shall not mark, print, drive nails or screws or the like into, or otherwise damage any part of the COMMON AREA, or make any alterations or additions to his property, including pergolas, awnings, pools, security gates and other structures, without first obtaining consent in writing of the EXCOM. An owner shall do nothing which is likely to prejudice the harmonious appearance of the SCHEME.
8.2Where the EXCOM approves application from MEMBERS in regard to alterations or additions including pools such approvals shall be:
8.2.1the MEMBER accepting all legal and other liabilities and consequences;
8.2.2statutory approval being obtained by the MEMBER; and
8.2.3the MEMBER accepting that the approval by the EXCOM is in principle only, and not in construction, stability, durability or suitability for purpose.
8.3Any dispute as to whether or not there has been, or is likely to be, prejudice to the harmonious appearance of the SCHEME, shall be referred for the decision of an arbitrator, appointment by the president for the time being of the Eastern Cape Institute of Architects, or its successor, whose decision shall be final and binding.
9.APPEARANCE FROM OUTSIDE
A MEMBER or occupier of a property shall make good any part of his property, which, in the discretion of the EXCOM, is aesthetically displeasing or undesirable when viewed from outside his property.
10.SIGNS AND NOTICES
No MEMBER or occupier shall place a sign, notice, advertisement or billboard of any kind whatsoever on any part of the COMMON AREA or on his property, so as to be visible from outside his property, without the written consent of the EXCOM.
11.LITTERING
A MEMBER or occupier of a property shall not deposit, throw, or allow to be deposited or thrown on the COMMON AREA, any rubbish, dirt, cigarette butts, food scraps or any other litter whatsoever.
12.LAUNDRY
A MEMBER or occupier of a property shall not, without the consent in writing of the EXCOM, erect his own wash lines nor hang any washing or laundry or any other items on any part of his property or the COMMON AREA so as to be visible from outside his property or from any adjacent property.
13.STORAGE OF FLAMMABLE MATERIAL
A MEMBER or occupier shall not store any material, or do or allow to be done any other dangerous act on his property or on the COMMON AREA, which will or may increase the rate of the premium payable by the ASSOCIATION or any MEMBER.
14.LETTING OF UNITS
All tenants and/or other persons granted rights of occupancy by MEMBERS are obliged to comply with the rules, notwithstanding any provisions to the contrary contained in any lease or any grant of rights of occupancy.
15.ERADICATION OF PESTS
A MEMBER shall keep his property free of white ants, borer and other wood-destroying insects and, to this end, shall permit the EXCOM or their duly appointed agents or employees to enter his property from time to time for the purpose in inspecting the property and taking such action as may be necessary to eradicate any pests. The cost of inspection, eradicating any such pests as may be found within his property, replacement of any woodwork or other material forming part of such property, which may be damaged by any such pests, shall be borne by the MEMBER.
16.GARDENS AND COMMON PROPERTY
16.1The EXCOM is responsible for the garden layout of the COMMON AREA, but the MEMBERS or occupiers shall ensure that plants and trees adjacent to their property are watered regularly and shall help keep the COMMON AREA clean and tidy.
16.2Planting or gardening may be done and plant containers placed on the COMMON AREA, but only in co-operation with the EXCOM and with their written permission.
16.3Private gardens shall be kept neat.
16.4Garden tools and equipment shall be suitably stored.
16.5The lawn mowing services will mow the COMMON AREA weekly in summer and fortnightly in winter.
17.CHILDREN
MEMBERS or occupiers shall supervise their children and the children of their visitors, to ensure that no damage is caused to COMMON AREA and no nuisance is created for the other residents.
18.LEVIES
18.1The monthly levy is payable by each member on or before the 1st day of each month. Levies not received by the 7th day of that month will attract interest and a collection fee. The EXCOM will determine from time to time the interest and tariff of collection fees, which will accrue to the ASSOCIATION and shall communicate same to the MEMBERS.
18.2In the event of the ASSOCIATION instituting any legal proceedings against a MEMBER for the recovery of any outstanding levies due by a MEMBER, the MEMBER concerned will be liable for the ASSOCIATION's legal costs on the attorney and own client scale, including collection commission.
18.3The levy will cover the MEMBER's liability in respect of the COMMON EXPENSES.
18.4Each MEMBER shall pay a levy in respect of this clause 18 based upon 1/32 of the entire levy required by the ASSOCIATION; provided that in the event of the DEVELOPER subdividing the RESERVED AREA and including same in the SCHEME, then, upon approval of such subdivision by all necessary authorities, such levy shall be payable by the MEMBERS in the proportion 1 over 33 of the total levies; provided further that should the DEVELOPER further subdivide the RESERVED AREA, then the levies payable by the MEMBERS shall be further diluted to constitute one part of the total number of erven forming part of the SCHEME.
19.COST OF WATER, ELECTRICITY AND RATES ETC (FOR EACH MEMBER’S PROPERTY)
These costs shall be borne by each MEMBER.
20.INSURANCE
Each MEMBER shall insure his property for its replacement value and, on demand by the EXCOM, provide proof of such insurance.
21.FINES
21.1The EXCOM has the right to impose a fine for each breach of the rules. The EXCOM shall first notify the offender in writing of the rule breached and, that if the breach persists from the date of notification, the fine that will be imposed.
21.2Any fine imposed by the EXCOM shall constitute a debt due by the MEMBER to the Association, and be subject to interest at 4% (FOUR PERCENTUM) above the prime lending rate of the DEVELOPER's Bankers if unpaid for 30 (THIRTY) days.
21.3Notice will be deemed to have been received by the MEMBER when the member is handed the notification by hand in writing by a minimum of two members of the EXCOM, or delivered to the member by registered post.
21.4A MEMBER or occupier who, in the opinion of the EXCOM, acts in breach of Rule 8, shall be liable to a fine not exceeding R10,000.00 which amount shall be subject to adjustment from time to time in accordance with the consumer price index.
21.5A MEMBER or occupier who, in the opinion of the EXCOM, acts in breach of any other rule, shall be liable to a fine not exceeding R100.00 for each day that the breach continues, or for each occurrence of each breach, which amount shall be subject to adjustment from time to time in accordance with the consumer price index.
21.6The EXCOM shall determine the amount of such fines.
22.OTHER
22.1MEMBERS or occupiers shall consider other residents and ensure that activities do not cause nuisance particularly in the playing of radios, musical instruments, record players, televisions, etc.
22.2No hobby or other activity may be conducted if it causes a nuisance or undue noise.
22.3Domestics and other staff shall not loiter on the COMMON AREA or cause undue noise. MEMBERS and occupiers shall be responsible for the control of their staff and visitors.
22.4MEMBERS or occupiers shall have due regard for the security of the complex and, shall not open the main gates for unauthorised persons.
22.5Plants on a MEMBER's property shall be kept clear of the electric fence.
22.6MEMBERS and occupiers shall be responsible for ensuring that the plants such as trees, shrubs and creepers on member’s property do not damage COMMON AREA structures, and services such as roof, walls, foundations and drains.
23.CONTRADICTONS
Where these rules contradict any provision of the ASSOCIATION's constitution, the constitution shall prevail.