Conduct Rules and Regulations

VALLEY VIEW ESTATE

Conduct rules and regulations

Table of Contents

1.0Definitions

2.0 Introduction

3.0 Levies

4.0 Street Rules

5.0 Businesses from Home

6.0 Good Neighbourliness

7.0 Complaints and Penalties

8.0 Ensuring a please landscape

9.0Social

10.0 Playground and Jungle Gyms

11.0 Vandalism

12.0Essential Services

13.0 General

14.0 Environmental Management

15.0 Safety and Security

16.0 Tenants, visitors, contractors and employees

17.0 Letting and selling of property

18.0 Pets

19.Alterations, additions and erection of new structures

19.1. General

19.2 Aesthetic Guidelines

19.3 Home offices as part of the main dwelling

19.4 Private Boreholes

19.5 Conditions regarding building activities

19.6 Liquid Petroleum Gas

19.7 Solar Panel Heaters

1.0Definitions

Home Owners Association\HOA\VVHOA– Valley View Home Owners Association which is a non-profit Company. The term Home Owners Association as used in these rules shall be taken to indicate the duly authorised Directors and management of the Estate, including appointed committees
Memorandum of Incorporation - The current version of the Memorandum of Incorporation of the Valley View Estate Home Owners Association.
Directors - the current Board of Directors of the Home Owners Association as nominated and elected from time to time. Appointed in terms of the Memorandum of Incorporation by the owners at each year’s Annual General Meeting (AGM). All are volunteers and are unpaid.
Owner - the current registered owners of the property as indicated by the Title Deeds.
Member - as per the definition in the Memorandum of Incorporation, membership of the Home Owners Association shall be limited to the person who is, in terms of the Deeds Registries Act or the Sectional Titles Act, reflected in the records of the Deeds Registry concerned as the registered owner of any land, erf or unit in the Home Owner’s Association area.
Tenant - shall include the Lessee and all family members, employees, visitors, guests, invitees and contractors of such tenant.
Rules - the Estate Conduct Rules are determined by the Directors of the Home Owners Association from time to time and are legally binding upon all residents as well as those people employed by the Estate, as is any decision taken by the Home Owners Association in interpreting and applying these rules.
The Estate – the Valley View Residential Estate being the Home Owner’s Association area as defined in the Memorandum of Incorporation and which includes all stands, private and public spaces, natural areas and all roads within the Estate.
Penalties and fines – in terms of the Memorandum of Incorporation the Home Owners Association may impose a financial penalty or fine for the non-compliance or breach of any of the Estate rules. For conformity purposes the word “penalty” is used throughout and covers fines and vice versa
Erf or Stand - the Memorandum of Incorporation defines an ‘Erf or Stand’ as that portion of land registered in the name of a person in terms of the Deeds Registries Act. No. 47 of 1937.
Common Areas - the entire Estate excluding those stands that are registered in the name of a member.
Staff - The Estate manager and support team in place as determined by the Board of Directors from time to time.
Outsourcing - the following functions are currently outsourced to independent contractors who are directly responsible to the Home Owners Association -
Estate gardens, parks and private open spaces
Security and Access control
Responsibilities of management staff and ownership of various services, owned and/or maintained by the Home Owners Association –
Parks and Green belts
Clubhouse
Gate House and the Administrative offices.
Road Infrastructure and street Lights.
The Electricity infrastructure within the Estate is maintained by the service provider appointed by the Home Owners Association.
Owned and/or maintained by the members –
Water - from the house side of the water meter.
Sewerage - up to the connection to the City of Tshwane sewerage system just outside of the stand boundary.
Electrical problems within the boundaries of the residences.
Land line telephone – dependent on the terms of agreement with the Service Provider.
Owned and/or maintained by the City of Tshwane –
Sewerage system - including all main lines and the distribution drains to which the owners connect their residences. All blockages, overflowing, repairs and cleaning can only be carried out by the City of Tshwane. Home Owners Association is not allowed to work on the Council system. This is the same as any suburb within the City boundaries.
Water system - including all main lines and the distribution lines in common property, to which the owners connect their residences and everything up to the water meter.
Although the Home Owners Association does not own or maintain any of the services of the City of Tshwane listed above, Estates staff will assist the owners in approaching the various departments when there are major breakdowns or problems with the supply. Owners are requested to report any problems they are personally experiencing with the above services directly to the relevant City of Tshwane Department and if further assistance is required, to then request the Estate management to assist if possible.
Limitations of Home Owners Association liability -
The Home Owners Association, its Directors, employees, servants or agents shall not be responsible to the owner or to any family member, tenant, employee, servant, agent, customer, visitor or invitee of the owner or any other person claiming through the owner for any accident, injury (including death), damage or loss caused by or through or while using any of the roads or common property in the Estate and the facilities on or under the control of Home Owners Association including the playground, parks, disconnection of electricity due to non-payment by the managing agent for whatever reason, whether or not arising from or accountable to negligence, or however else occasioned, or arising from any defect in the aforesaid roads, common property or facilities, or as a result of any act whatsoever or negligence on the part of the Home Owners Association or its Directors, employees, servants or agents, or by reason of any repair to be effected by the Home Owners Association not being effected timeously, or at all.
The resident acknowledges that the roads, common property and facilities envisaged in this clause will be used at his/her sole risk and indemnifies the Home Owners Association and its Directors, employees, servants or agents against any claim in respect of any of the above.
The resident in turn indemnifies the Home Owners' Association, Trustees and managing agents accordingly.

2.0 Introduction

The Estate manager as the duly appointed representative of the Directors has the authority of the Directors in applying the Estate rules. Any instructions issued by the Estate Manager regarding the application of the Rules will carry the full authority of the Directors.
There will be zero tolerance of abuse of Estate employees or of non-compliance with an issued ruling. Penalties will be issued and/ or legal steps will be taken against offenders at the discretion of the Home Owners Association. The employees may also institute independent action.
The Home Owners Association is committed to ensuring harmonious community living within the Estate. This can only be achieved when residents use and enjoy their properties in conjunction with the facilities offered by the Estate together with the respectful consideration of all residents for each other.
One of the aims of the Conduct Rules is to preserve and enhance the security, aesthetics and environment of the Estate.
The residents of the properties at the Estate are responsible for ensuring that members of their families, visitors, friends, tenants, domestic staff as well as any of their contractors and sub-contractors and their respective workers are made aware of these rules, and strictly abide by them.
To ensure the harmonious co-existence of all residents, the Home Owners Association may, from time to time, amend or add to the Conduct Rules, as and when deemed necessary.
Subject to the provisions of the Articles of Association the Home Owners Association shall have the right to levy penalties for contraventions of the Conduct Rules in accordance with the penalties as contained in the respective clauses.

3.0 Levies

Levies are imposed on a monthly basis and are payable in advance to the managing agent duly appointed by the Home Owners Association by the 7th day of each month.
Interest will be charged on all arrear amounts at the maximum rate allowed by the Usury Act or, should such act not be applicable, the maximum rate allowed by any similar legislation, or 2% per month, whichever is the highest legal rate allowed.
Should any amounts remain in arrears or, according to the Home Owners Association, become repeatedly in arrears without acceptable reason, the Home Owners Association may, with discretion, levy further penalties.
The Home Owners Association may take legal action to recover any amount in arrears and shall be entitled to recover all legal costs incurred on an attorney and own client basis.
The Home Owners Association has the right to impose fines against transgressors of the Conduct Rules. Such fines will form part of the monthly levy and shall become due and payable on the due date of payment of the levy.
Contractors will be denied access to any stand or unit for which there are arear levies and any construction not be allowed to continue.

4.0 Street Rules

The streets of the Estate have been established for the convenience and use of all the residents within the Estate, whether it be on foot, roller-skate, bicycle, motorcycle, truck, delivery van, bus or car and the like. Although cars are a major integral part of the street environment, they are not considered to be the sole factor - consideration is also given to other users of the streets and roads.
All streets and roads in the Estate are considered to be public roads and are therefore at all times subject to the applicable laws, road traffic ordinances and by-laws. Without detracting from these provisions in any way, the following rules shall be applicable –
The speed limit shall be restricted to 25km per hour throughout the Estate.
Parents are responsible for ensuring that their children are made aware of the dangers relating to the use of the streets and must take full responsibility for their children’s safety. The Home Owners Association shall not in any way be responsible for any loss or injury sustained as a result of the use of the streets within the Estate.
Engine powered vehicles such as cars and motorcycles shall be permitted to drive on the streets only of the Estate. Parks, public areas and pavements are off-limits at all times. Only drivers in possession of an appropriate and valid driver’s license may operate and drive engine - powered vehicles in the streets or anywhere else on the Estate.
Parking on sidewalks, adjoining stands and streets is prohibited, especially opposite traffic islands.
Due to the nature of the Estate it can be anticipated that pedestrians will frequently cross streets in the Estate and will at all times have the right of way. Motorists are reminded to always approach designated crossings with extreme caution.
The use of motorcycles, scooters or any other vehicles making excessive noise is prohibited. Motor cycles, quad bikes and/or skateboards are not allowed on walkways or jogging paths.
As the road and park infrastructure is owned by the VVHOA any damage caused by an owner or visitor will be the responsibility of the owner and the charges for repairs will be levied to the owners levy account.

5.0 Businesses from Home

No business may be conducted from home without the written consent of the Home Owners Association. The Home Owners Association reserves the right to revoke at any time and for any reason previously granted permission.
The owner of a property from which a business operates may be required to pay a higher levy than the norm – this is at the discretion of the Home Owners Association.
Business operations must adhere to the criteria and conditions as specified by the Home Owners Association and local municipal by-laws and regulations. The business area may not exceed a maximum of 60 m2 of constructed floor area. Approval will be for a maximum of two years after which a new application must be made to the Home Owners Association.

6.0 Good Neighbourliness

To ensure harmonious community living no business activity or hobby such as, but not limited to, auctions and jumble sales that cause aggravation or are of nuisance value to fellow residents will be allowed.
Prior to the hosting of any social function that may be heard by neighbours the resident concerned must advise neighbours of the intention to hold such an event.
Noise from whatever source should always kept at a level so as not to cause a disturbance to neighbours, and must not be heard on adjoining or adjacent properties after 22h00 from Monday to Sunday.
The use of noisy equipment by residents such as lawn mowers, edge trimmers and the like (electrically powered equipment is preferred), should only be undertaken between the following hours -

-Monday to Friday07h00 – 17h00

-Saturday 08h00 – 14h00

-Sunday 09h00 – 14h00

These hours will be strictly enforced. No exceptions will be allowed.
Residents must ensure that domestic workers and other employees do not make excessive noise or loiter on the Estate, specifically not at prominent places such as at the gates, road circles, streets etc. All domestic workers/gardeners must be registered at the Administration office.
The use of fireworks at any time is absolutely prohibited on the Estate
Residents may not allow their dogs to bark or howl persistently at any time.
Alarm systems may not be allowed to persistently sound.

7.0 Complaints and Penalties

In the event of a resident wishing to lodge a complaint against another resident due to a contravention of the Conduct Rules it is recommended that the parties make a sincere attempt to try and settle the matter between themselves, exercising due tolerance, reasonableness and consideration.
If the complainant prefers not to discuss the matter with the other party or, if following such discussion the complainant still wishes to lodge a complaint, he/she may, within a reasonable period of time, lodge a complaint with the Estate management. The complaint shall be in writing and should at the very least contain details of the transgressor as well as the time, date and nature of the transgression/s.
Upon notification of such a complaint from Estate management the managing agent shall promptly address an appropriately worded written communication to the resident concerned, inviting him/her to respond in writing by a specified deadline. A copy of that response, if any, shall be sent to the complainant as well as Estate management by the managing agent.
The response of the transgressor, if any, together with any other information the transgressor considers relevant, shall be considered by the Home Owners Association.
If the Home Owners Association is of the view that it is not prepared to get involved in the matter then it may inform the parties that they will have to resolve the dispute between themselves or by legal action and/or arbitration.
The Home Owners Association may, at its sole discretion, refer the matter to an independent arbitrator whose fees will be paid up front equally by both parties, and whose decision will be final and binding. The arbitrator shall also be entitled to award legal costs.
On the other hand, should the Home Owners Association decide to intervene then it may, at its sole discretion, impose a monetary penalty upon the transgressor for each transgression/s in accordance with Annexure A or take such other legal action as it considers appropriate. The decision of the Home Owners Association shall be sent to both the complainant and transgressor in writing.
If having levied a penalty, and the transgression for which the penalty has been levied is not remedied, then the Home Owners Association may levy additional penalties in respect of the same transgression until such transgression is remedied, provided that such penalties are not levied more than once in each calendar month.
If the Home Owners Association considers that a transgression falls into more than one category detailed in Annexure A and the Home Owners Association decides that it is appropriate to levy a penalty, then it shall be up to the discretion of the Home Owners Association to determine in which category a penalty shall be levied.
The Home Owners Association may also levy a penalty of its own accord in respect of a transgression of the rules, notwithstanding the fact that that no complaint has been received from a resident.
Decisions by the Home Owners Association shall be final and binding and there shall be no right of appeal.
When imposing a penalty the Home Owners Association shall have due regard for the nature of the transgression and whether the transgressor has contravened the rule on more than one occasion.
Complaints that are frivolous and/or malicious may themselves be penalised by the levying of a penalty.
No party or resident shall have any claim whatsoever for damages against the Home Owners Association as a result of a decision taken by the Home Owners Association regarding the application and/or interpretation of the Conduct Rules.

8.0 Ensuring a pleasing landscape