BUSHWILLOW ESTATE HOUSE RULES
These rules are read in conjunction with the Architectural Guidelines, the
Building Code of Conduct and Estate Agents’ Rules.
A relaxed and secure movement of all occupants whether by mechanical means
or on foot is a priority of the HOA.
The following Rules must be strictly adhered to in order to achieve this objective.
The HOA has the right to fine transgressors, in such amounts as the HOA may in
its sole discretion determine, where any of the rules stipulated by the HOA from
time to time have been broken, Such fines will form part of the levy and be
payable on due date of payment of the levy.
INTRODUCTION
These Rules and regulations are designed to ensure a high quality, secure and
harmonious environment and lifestyle for the residents of the Bushwillow Park
Residential Estate ("Estate"). In order to attain these objectives it is necessary for
each resident to honor and abide by these Rules.
The Rules have been established in terms of the Memorandum of Incorporation of
Bushwillow Park Home Owners Association ("HOA"). They are binding upon all
occupants of the Estate, as is any decision taken by the Trustees in interpreting
these Rules.
It is the obligation of all owners of any property in the Estate ("owner") to ensure
that these Rules are abided by the owner, any resident or occupant of the owner's
property or present on the Estate whether such be as family members,
employees, tenants, visitors or friends.
July 2016
These Rules may be changed by the Directorsof the HOA from time to time and are binding on each owner and resident of the Estate.
The conditions stipulated in the Architectural Guidelines , the Building Code
of Conduct and Estate Agents’ Rules will be regarded as having been incorporated in the Rules and regulations and will be similarly binding on all owners and residents of the Estate.
Conduct Rules
1. Streets within the Estate
1.1 Speed limit is restricted to a maximum of 40 km per hour, except areas
demarcated as 25 km per hour.
Speeds will be monitored by means of a speed camera and fees issued
accordingly – SPEED LIMIT FEE STRUCTURE.
1.2Save for 1.1 above, all other provisions of the Gauteng Road Traffic
Ordinance apply to roads in the Estate.
1.3Owners and residents are responsible for ensuring that their children are to be supervised when playing in the streets and common areas.
Please ensure that the noise is kept to a minimum and that you and children respect and do not damage property.
1.4Engine powered vehicles are not allowed to drive anywhere except in the street of the Estate. Parks and pavements are off-limits to engine powered vehicles. Scooters & hovo boards, skate boards with battery pack. Non registered vehicles may not be operated anywhere within the Estate.
1.5Parking is not allowed on sidewalks and in the street opposite traffic islands. No overnight parking on the roads.
1.6Residents are requested to remember that pedestrians will frequently cross streets at designated crossings in the Estate, and motorists should always approach such crossings with caution.
1.7The HOA is to be advised seven days prior to a large function being held on the estate. Estate management will assist with parking and access control. Security personnel can be assigned if required, however, this will be for the homeowners’ expense.
1.8 Playground equipment is for use by children 12 years and younger only.
Child minders must not sit on or occupy the equipment in any manner.
2 Good Neighborliness
2.1General Conduct
In order to preserve and enhance the residential amenity and lifestyle of the Estate, All owners, family members, employees, tenants, visitors or friends shall at all times behave and conduct themselves in a considerate, reasonable and civilised manner, and shall in particular avoid causing inconvenience or nuisance to other owners, family members, employees, tenants, visitors or friends.
It must also be understood that the HOA and its Board of Directors, employees, are not responsible for “instant policing” of such challenges and it is suggested that security and neighbors are notified of imminent social events and that all conform to moderate restraints.
No activities are permitted in common areas if they cause unreasonable nuisance to other owners or tenants. A reminder to all is that their conduct at all times is governed in any event by The Local Municipality of “City of Johannesburg” by laws which include the following. No person may within a public open space –
(a) act in a manner which is dangerous to life or property;
(b) contravene the provisions of any notice within any public open space;
(c) unlawfully enter a public open space to which access has been
restricted in terms of section 8;
(d) cause a nuisance; or
(e) behave in an indecent or offensive manner.
2.2No business activity or hobby which could cause aggravation or nuisance to fellow occupants may be conducted, including auctions and jumble sales.
2.3No fireworks or pyrotechnics of any nature or type are allowed within the estate, whether on private property or on the common areas or designated park areas within the estate
2.4The volume of music or electronic instruments, partying and the activities of domestic help should be tuned to a level so as not to be heard on neighboring properties.
2.5The mechanical maintenance and use of power saws, lawn mowers, and the like (electrical mowers are preferred), can only take place during the following hours:
2.5.1Monday to Saturday 07.30 - 18:00
2.5.2Sundays 08:30 – 13:00
2.6Refuse, garden refuse and refuse bags may not be placed on the pavement. Except if they are to be removed within a period of 8 hours.
2.7In order to avoid causing inconvenience or nuisance to other owners, family members, employees, tenants, visitors or friendsnoise will not be tolerated in the Park areas between the hours of 21:00 and 08:00 daily.
3 The Streetscape
3.1Every owner has a responsibility to the Estate community as a whole to Maintain in a neat and tidy condition the area between the road curb and the boundary of his property.
3.2Garden fences/walls and outbuildings forming part of the streetscape should be maintained and painted whenever reasonably necessary, otherwise the HOA will have the fence repaired or painted and the cost charged to the owner.
3.3Caravans, trailers, boats, tool sheds, equipment, tools, engine and vehicle parts as well as accommodation for pets, should be sited, out of view and screened from street view.
3.4No trees, plants or sidewalk lawn may be removed without the permission of the HOA. Planting should not interfere with pedestrian traffic or obscure the vision of motorists.
3.5Gardens abutting onto the Park Area must be kept neat and tidy at all times, failing which the HOA will have the right to clean the garden at the cost of the owner.
3.6Wendy houses are only allowed as temporary builders sheds. Immediately after completion of building they are to be removed. Should a Wendy house be located on a stand this needs to be lower than wall height and screened from view of neighbouring properties and the street. As per section 2.21 of the Architectural guidelines.
4 Architectural Standards
4.1All building plans should be in accordance with the Architectural Guidelines applicable to the Estate and must be approved by the Architectural Committee of the HOA. This also applies to any additions and alterations to structures existing from time to time.
4.2All garden walls and fencing must be approved by the Architectural Committee, with regard to both material and dimensions. Particular attention will be paid to high walls screening the entire frontage of properties.
4.3All TV aerials should be concealed and not externally visible. The position, size and sitting of satellite dishes must be approved by the HOA.
4.4Lean-to's, temporary carports and "Wendy-type" structures will not be allowed for storage purposes.
4.5Should a Wendy house be located on the stand it is required to be lower than wall height and screened of from neighboring properties and street. As per 2.21 of the architectural guidelines.
4.6Roofing materials for patios, carports and outbuildings must be approved by the Architectural Committee.
4.7All construction containing shade cloth must be approved by the Architectural Committee. The use of this material will however be discouraged.
4.8Air conditioners’ heat exchangers must not be visible and should be installed below the boundary wall or in the roof, at roof height. Screening of Air Conditioners must be approved by the HOA
4.9All items that may affect the aesthetics of building must be shown on a plan and approved by the ARC before installation takes place.
4.10All external finishes and colors shall be specified and submitted to the ARC for prior approval, both for initial plan approval and any proposed changes thereto at any time after completion.
5 Environmental Management
5.1No rubble or refuse should be dumped or discarded in any public area, including parks, lakes, streets and pavements.
5.2A particular appeal is made to residents to leave open spaces they visit in a cleaner condition than in which they were found. Residents are requested to develop the habit of picking up and disposing of any litter found in the open spaces.
5.3Flora may not be damaged or removed from any public area.
5.4 Fauna of any nature may not be chased or trapped in any
public areas, be it by people or dogs.
5.5Residents are responsible for maintaining trees, plants and shrubs
planted on their pavements by themselves or the HOA.
5.6Residents must ensure that declared noxious flora is not planted or growing in their gardens.
5.7Vacant stands must be kept clean on a regular basis to the satisfaction of the HOA. And if not maintained the HOA reserves the right to clean the stand at the owner's expense.
5.8The residents' use of the open spaces is entirely at their own risk at all times.
5.9The use of alcohol beverages in or on parks and open spaces owned by the HOA is forbidden.This can from time to time be allowed when special events arranged by the Directors of the BHOA and in UNE with the bylaws.
6 Security
6.1Every owner must comply with the security rules and regulations laid down by the security company appointed by the HOA.
6.2Every owner must request their visitors, permanent workers, temporary workers and contractors' representatives to adhere to the security rules and regulations and rules laid down by the appointed security company.
6.3Residents are requested to treat the security personnel in a co-operative and courteous manner.
6.4Every owner must ensure that contractors in his employ adhere strictly to the security stipulations of the Building Code of Conduct.
6.6All attempts at burglary or instances of fence jumping must be reported to a member of the security staff at the Main Gate House.
6.7All occupants are advised to install a home security system/burglar alarm (silent) as soon as possible after taking occupation of their homes, and to link the system to the security company appointed by the HOA.
6.8The security center at the gate house should be advised in advance of the pending arrival of visitors, where possible, in particular vehicle registration numbers, name of driver, and the address of the property to be visited should be provided.
7 Tenants, Visitors, Contractors and Employees
7.1The occupiers of any property within the Estate are liable for the conduct of their visitors, contractors and employees and must ensure that such parties adhere to the House Rules.
7.2Every owner must ensure that contractors in his employ have signed the
Contractors' Code of Conduct and adhere to the stipulations of that code.
8 Letting or Reselling Property
8.1Should an owner want to sell his property ("hereinafter referred to as "seller"), any Estate Agent may be selected to manage the sale, and an Administration Fee of R1500.00 will be charged, which must be paid by estate agent.
8.2The Estate agent must ensure that the buyer/lessee is informed about and has received a copy of the House Rules, Architectural Guidelines, Contractors' Code of Conduct and any other codes and regulations applicable at the time.
8.3A clearance certificate must be obtained from the HOA at a cost ofR600.00, or such other amount as may be approved by the HOA from time to time, prior to any transfer of property in the Estate. This clearance willonly be issued once the property has been inspected to ascertain if it complies with approved plan and is in neat tidy condition.
8.4Any approval granted to the seller (in the case of a resale) or lessor by the HOA prior to the time of sale or lease will pass on to the buyer or lessee (as the case may be) must be communicated by the seller or lessee (as the case may be) to the buyer or lessee at the time of the purchase or lease.
8.5The seller of a property in the Estate will ensure that the sale / lease agreement contains clauses binding the Purchaser / Lessee to abide by all the conditions of ownership and tenancy.
8.6Should an owner want to sell or lease his property (hereinafter referred to as "seller" or " lessor") then he may conclude the sale privately or elect to have any estate agent manage the sale or lease. Should a sale be concluded privately then the owner will have the same obligations as the estate agent as regards the HOA and buyer / lessee.
9 Selling of Property within the Estate
9.1The seller must not sell the property to any person who has not bound itself to become a member of the Association with effect from the date of registration of transfer of the property into that person's name nor shall the purchaser be entitled to transfer the property unless and until it has received from theAssociation a certificate stating that all amounts owing by the purchaser to the Association have been paid, and that the purchaser has bound itself as aforesaid.
9.2The seller must personally ensure that the buyer is informed about and receives a copy of the House Rules, Architectural Guidelines, Contractors Code of Conduct and any other rules or regulations laid down by the HOA and applicable at the time and provide proof, in writing to HOA, that this has been done.
9.3Moving into the Estate as an Owner (New). Copy of Offer to Purchase plus information of owner with ID document to be brought to the Admin Office to issue new access cards and signing for Estate Rules and all relevant documentation. Dates of move should be given to the Admin Office with the size of moving truck.
10 Leasing of Property within the Estate
10.1 Should any owner let his property, he/she will in writing advise the HOA in advance of the commencement date of the lease, the name of the Lessee and the period of such lease.
10.2The Lessor will inform the Lessee of all House Rules and other rules then in existence, and bind the lessee to adhere to such rules which the owner will provide the HOA proof that the Lessee accepts the conditions of living on the Estate and provide the HOA proof, in writing to HOA, that this has been done.
10.3Renting in the Estate through an owner or Estate Agent a copy of the rental agreement or lease agreement with information of persons renting so new access cards may be issued plus Estate Rules are to be singed for. Old access cards will be cancelled.
Dates of move should be given to the Admin Office with size of moving truck.
11 Pets
11.1The local authority by-laws relating to pets will be strictly enforced.
11.2Without the written approval of the HOA no person may keep more than two dogs and two cats on the property.
11.3No poultry, wild animals or livestock may be kept on the Estate.
11.4The building of pigeon lofts and aviaries must be approved by the HOA, Plans must be submitted by owners, together with the consents of their neighbor’s.
11.5Pets must be walked on a leash in public areas.
11.6Should any excrement be deposited in a public area, the immediate removal thereof will be the sole responsibility of the owner of the pet.
11.7Every pet must wear a collar with a tag indicating the name and telephone
number of its owner. Stray petswithout identification tags will be apprehended and handed to the Municipal Pound or similar facilities at the cost to the owner.
11.8 Pets must not cause inconvenience or be a nuisance to neighbors or other owners
13 Signage
13.1No signage whatsoever will be allowed on and within the Estate except that which is allowed in terms of the Estate Agent Rules and Building Code of Conduct.
14 Administration
14.1All levies are due and payable in advance by not later than the 7thday of each and every month.
14.2 EFT or any payments made into BHOA bank account must show your stand number as reference, if no allocations can be done, an administration fee of R50.00 will be charged to reallocate payments.
14.3Interest will be charged and become payable at the maximum rate permissible from time to time under the National Credit Act, No 34 of
2005, as amended on all levy accounts in arrears.
14.4The HOA may amend or add to these House Rules from time to time, as may be deemed necessary to ensure the happy and orderly co-existence of the occupants