HOA-Rules

DRAFT 27 APRIL 2013

FOR APPROVAL BY MEMBERS

THE ONE HUNDRED AND THREE HOME OWNERS ASSOCIATION NPC Registration No. of Company 1974/001627/08 Forest Glade: Tokai Road, Tokai 7945; P O Box 30231, Tokai 7966;

Office Ph: 021-712 3186;

103HOA@telkomsa.net

RULES OF THE ONE HUNDRED AND THREE HOMEOWNERS ASSOCIATION NPC (103HOA) Hereinafter referred to as “the Association”

Pertaining to the ownership of erven and residence in the homes within the area known as “Forest Glade” comprising the subdivisions of Erf 6231 and 6232 to 6235 and Erf 7295 Constantia and any land leased by the Association and managed by the Association inclusive and to all visitors entering Forest Glade.

NOTES:

1.

Copies of the Association’s Memorandum of Incorporation are kept on file and are available from the Estate Manager.

2.

This updated edition of the rules of the Association is effective from 999999999 and was adopted at the 999999999.Meeting of the Association held on 9999999999999..

3.

Copies of these rules are kept on file and are available from the Estate Manager.

BY ORDER OF THE BOARD OF DIRECTORS OF THE ASSOCIATION, hereinafter referred to as “the Directors”

CHAIRPERSON

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1. On registration of transfer of a private erf in Forest Glade, the transferee shall ipso facto become a member of the Association.

2. These rules are applicable to members of the Association and to the tenants/lessees of their homes (hereinafter referred to as “residents”) and to all others of whatsoever nature, entering Forest Glade.

3. The objectives of these Rules are: •

to maintain the pleasant ambience of Forest Glade

•

to protect residents from objectionable behaviour by other residents

•

to set out the responsibilities of residents towards the Association and towards other residents

• to set out procedures for obtaining the permission of the Directors for proposed actions by residents where this is required •

to obtain a uniform standard of external appearance of houses and garages

•

to set out the actions to be taken by the Directors in the case of breaches of these rules

3.1. In terms of the Association’s Memorandum of Incorporation, the Directors may from time to time modify these Rules (which modifications shall be confirmed by members at a General Meeting called for such purpose) 3.2. The Directors shall be the final arbiter in each case where the meaning of a subjective term, e.g objectionable, nuisance, damage, is in dispute.

3.3. Besides these Rules and the Association’s Rules Governing Alterations and/or Additions to Houses in Forest Glade all members and residents are subject to all local authority / municipal by-laws and all other relevant legislation pertaining to, but not limited to building modifications, the installation of LPG facilities, the installation of solar panels and geysers and the keeping of pets. These rules do not replace such legislation and /or by-laws where they are in conflict.

4. RULES – HOMEOWNERS / MEMBERS RESPONSIBILITY All members shall ensure that a copy of these rules (as amended from time to time) shall be made available in advance to any prospective purchaser / purchaser of their property and/or to any tenant.

5. INDEMNITY All /members/residents and others entering Forest Glade do so entirely at their own risk and all members / residents and others shall indemnify the Directors and the Association against any and all claims for damages or hurt of whatsoever nature, including consequential damages and/or loss of profits, arising from but not limited to their presence on and /or use of the Forest Glade property, the activities of the staff, employees and contractors of the Association and/or any other member and ownership of their property.

6. LIVING IN HARMONY WITH OTHER RESIDENTS Every member and resident, shall behave in such a way as not to cause damage, nuisance or annoyance to any other resident, and shall ensure that their visitors do likewise. In particular this means that they will 6.1.

not aim or discharge any weapon of any kind, or store or set off any explosive material, including fireworks.

6.2.

not make a noise or play any instrument or sound reproduction equipment so as to produce sounds of such a kind or at such a volume as to be objectionable to any other resident.

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6.3.

not hang out washing where it is visible to other residents.

6.4.

drive any vehicle with caution and consideration, within the speed limit of 30 km/h, and always bearing in mind the special nature of the vehicular and pedestrian traffic in Forest Glade, particularly the presence of children.

6.5.

not park any boat, caravan or trailer anywhere in Forest Glade without the prior consent, in writing, of the Board and then subject to such conditions as the Board may impose

6.6.

respect the sylvan natural environment of Forest Glade and maintain it by 6.6.1

not damaging, destroying or removing any tree, shrub or flower

6.6.2

not setting any traps or snares

6.6.3

not attaching any sign, tree house or any object or structure to any tree or shrub

6.6.4

not polluting, damming or diverting any flow of water, except to canalise rain water, but then only in such a way that other parties will not be inconvenienced

6.6.5

not making a fire except on a private erf, and then only in suitably designed equipment which will contain the fire and ensure efficient combustion to minimise smoke

7. USE OF PRIVATE ERF 7.1.

A private erf shall be occupied only by the owner, his nominee or his tenant.

7.2.

Members are responsible for ensuring that their family, friends, employees, visitors and tenants/lessees abide by these rules. In practice this requires that a member must 7.2.1

ensure that the Lease Agreement contains a clause that the Lessee is subject to the Rules of the Association.

7.2 2

use his discretion in the choice of lessee

7.2.3

ensure that the lessee has a copy of these rules

7.2.4

demand acceptable behaviour from his lessees, and

7.2.5

evict lessees who persist in disregarding these rules

7.3.

Every member must ensure that the private erf is maintained in such a condition that it does not detract from the general appearance of Forest Glade. A member who lets his house retains this responsibility and must ensure that the house is so maintained.

7.4.

All residents must not allow any private erf to be used in a manner which is illegal, dangerous, or in any way obnoxious or objectionable to other residents.

7.5.

Access Residents must allow reasonable access to the Directors or anybody authorised by the Directors or its managers to carry out inspection or maintenance of the Association’s infrastructure, or to ensure that these rules are being adhered to. In case of doubt the verbal authorisation of a member of the Directors or manager should be obtained.

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7.6.

FOR APPROVAL BY MEMBERS

Animals Reptiles Birds and other Pets Members and residents shall at all times comply with official municipal and other authorised bodies’ laws and regulations pertaining to the keeping of pets. With due regard to the small sizes of the properties in Forest Glade and the proximity of homes to each other, no more than two reasonably sized dogs may be kept on any property without the prior consent in writing of the Directors. Such consent may be subject to compliance with certain conditions and will be subject to review/change/ withdrawal by Directors. Residents must ensure that their pets do not behave in a manner which is dangerous, noisy or in any other way objectionable.

Dogs in particular, must not be allowed to:

.

7.7.

7.6.1.

attack, worry or frighten any person or other animal or otherwise cause damage, nuisance or disturbance

7.6.2.

defecate on the common area and in the event of doing so, the owner of the animal shall personally immediately remove the excrement and dispose of it in an acceptable manner.

7.6.3

Dogs should be kept on a lead while on the roads within Forest Glade

7.6.4

Other than when accompanied by their owners, dogs should be kept confined within the fenced off property of their owners.

Businesses run from houses in Forest Glade No private erf shall be used for any professional or business purpose in such a manner which causes nuisance or disturbance. No auction or similar sales or exhibitions shall be held without the prior written consent of the Directors. Houses for sale may however be put on show without requiring the Directors permission.

7.8

Structures /Signs / Dish Antennas No structures, signs or other devices may be attached to a house in such a position as to be objectionable to another resident. Dish antennas may be erected without permission provided they do not protrude above the parapet. Where this is essential for good reception, approval must be obtained the Directors. Dish antennas may not be erected in a position where they project beyond the boundary of the erf. Open pipework on the surface of the building is not allowed.

7.9

Planting of Trees Care must be exercised in the selection and placing of shrubs, particularly because of possible damage to the sewerage system and the cost of containing the eventual size. The planting of trees is not permitted.

7.10

Hedges, Shrubs and Trees on Boundaries Any hedges, shrubs and trees planted on the boundaries between properties shall not exceed a height of 3 metres. The planting of new hedges is not allowed without the permission of the Directors because of the high cost of clipping.

8. REFUSE DISPOSAL 8.1

Domestic and garden refuse must be disposed of in the manner specified in Newsletters from time to time.

8.2

Residents or their building or other contractors shall not generate (e.g. during building operations), deposit or dump refuse, trash, garbage or waste of any description whatsoever, including builders` rubble, on the common area, but shall retain such material in a hygienic and unobjectionable manner on his private erf, prior to disposal in the following manner:

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8.2.1.

domestic refuse to be placed in black plastic bags in the bins in the local refuse enclosure in each hamlet at any time or next to the footpath at the front door to each house only on the day before collection by the local council and only between 7.30 and 8.30 in the morning

8.2.1

garden refuse (vegetable matter only) to be placed in plastic bags at the boundary of the erf or directly in the bins in the refuse enclosure or if more substantial in the garden refuse enclosure

8.2.3

recycling - specially labelled bins have been provided in the enclosures for recycling plastic items, tins and bottles (which must be washed prior to disposal), paper and newspapers. Kindly adhere strictly to the content labels when using this facility

8.3 All non-standard refuse Packing cartons, large boxes, broken furniture, etc. and rubble must NOT be left in the refuse enclosures.

Such items must be disposed of by the resident, at his/her own expense, either at the official municipal dumping sites or at the recycling points provided by various organisations.

9. USE OF COMMON AREA 9.1.

Extension / Enclosure of Gardens Members are permitted to extend their gardens on to the common area subject to the written approval of the Directors, and the following conditions:

9.2.

9.1.1.

Members shall not acquire any right to the ground or any existing items on it;

9.1.2.

All immovable improvements, including paving, and additions made by the member on the common area automatically become the property of the Association;

9.1.3.

Members shall not enclose such ground and thereby prevent access to any common ground area or access to adjacent properties, particularly where those that are hemmed in by a boundary fence and shall provide a suitable gate in any fence on both sides of their properties and these gates may not be locked.

9.1.4.

The member undertakes to maintain the area, at his own expense (including the cost of water), in a condition acceptable to the Directors. If this is not done the Directors may, at their sole discretion, take over the maintenance of the land and remove any plants and fittings, without any compensation to the homeowner, to reduce the maintenance cost to a level acceptable to the Directors;

9.1.5.

The Association retains the right to any portion of the common area required for the upgrading or relocating of services or for any other reason in connection with the achievement of its objectives and responsibilities.

Parking 9.2.1 Parking Bays To ensure the best utilisation of parking bays they are not allocated to individual units.

9.2.2 Personal Parking Areas 9.2.2.1

may only be installed adjacent to homeowner`s house e.g. a paved area to replace or increase the size of the pathway between homeowner`s house and road. Directors permission must be obtained. Where a neighbour could reasonably have an equal claim to the area his/her written approval must be obtained.

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to be installed entirely at homeowner`s expense. Becomes the property of the Association as specified above.

9.2.2.3. no structures will be allowed unless unobtrusive to other residents.

10. MAINTENANCE OF HOUSES AND SERVICES 10.1. Where walls, roofs, pipes, gutters, wiring or any other items are common to more than one private erf the member shall maintain his part of the installation in such a way as not to cause damage or inconvenience to his neighbour.

10.2. The removal of blockages in the sewerage system will be done by the Association at its expense, except where the blockage occurs between the manhole in the unit’s yard and the interior of the house, in which case the member will be liable for the cost of de-blocking and/or repairs. The Association is not responsible for cleaning the slotted drain covers in courtyards.

10.3. Painting by the 103HOA 10.3.1. The Directors are responsible for arranging for the repainting of all the exterior walls of all private houses (excluding woodwork) and garages (including the woodwork providing it is maintained in good condition by the owner) to the Association’s specification in force at the time.

10.3.2. The Directors will, from time to time, decide on the appropriate specification, depending, inter alia, on the condition of the painted surfaces.

10.3.3. The Directors, in consultation with the members, will decide on the method of payment by the members – e.g. by a one-off levy, a special levy, by building up a special fund in advance or by some other approved procedure.

10.3.4

10.4

The Directors may be prepared to approve any additional work requested by the member but this will be for his/her account. In the cases where additional work is considered by the Directors to be essential for the acceptable appearance of the house, but the owner is not prepared to accept responsibility for the work, the Directors may, in their sole discretion, have the work done and charge the cost to the member.

Painting by the Member To ensure a reasonable harmony in the general appearance of Forest Glade, members must ensure that: 10.4.1

For walls: In decorating their properties this is done in accordance with the rules then prescribed by the Directors. The general rule is that all the units in a block (or Hamlet) shall conform with regard to wall colour and wall bands (if any)

10.4.2

For timber: White

10.5 Garage Doors Should any garage door be replaced, such garage door shall match in appearance all the other doors in that block of garages to maintain the harmony of appearance within Forest Glade. However, should all the owners of the garages in that block of garages agree to a new type of door and agree to replace all the doors in that block within a reasonable period of time they shall so advise the Directors, requesting their approval, which shall not unreasonably be withheld.

10.6. Paving Subject to prior agreement with the Directors, any member may replace paving on the approach to his erf with brick or other paving on condition that:

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10.6.1. The individual member shall: 10.6.1.1. not thereby acquire any right to the ground on which the replacement paving is situated; 10.6.1.2. have no claim against the Association for any compensation in respect of any improvement of the common area; 10.6.1.3. maintain the replacement paving in a condition acceptable to the Directors

11.

10.6.2.

The Directors have the right in their sole discretion to remove such replacement paving and shall be obliged, as soon as reasonably possible after removing such paving to replace it at its own cost to its own design.

10.6.3.

When any material or structure on the common area is removed, whether by the member or the Directors, for whatever reason, e.g. for upgrading of paving or because the Directors have other plans for the area, the reclaimed material becomes the property of the Association. However, if the member simply wants to move the material to a different (agreed) location, the Association will relinquish its claim.

ALTERATIONS AND/OR ADDITIONS TO HOUSES. Should a member of the Association wish to make any alterations and/or additions to his/her house including but not limited to the following: • Spa – Gas installation – Solar Panels – Electricity generators – Well points • Any item projecting above the level of the roof parapet the member shall refer to, be guided by and comply with the Association’s rules Governing Alterations and / or Additions to houses in Forest Glade copies of which are available in the Estate Manager’s office.

12 ERECTION OF FENCES AND WALLS. (Must be approved by the Directors) 12.1 Fences 12.1.1

preferably on private property only, but in some cases this will mean cutting through an existing garden or lawn. The exact specification will therefore depend on the local circumstances.

12.1.2

fences must as far as possible be hidden by shrubs and flowers and painted dark green to blend in with surrounding foliage or white if up against a house.

12.1.3

fence material must be as unobtrusive as possible. Maximum height 1,3 metres.

12.1.4

no services will be provided by the Association within the fenced area unless a gate is provided and kept unlocked.

12.1.5

no ornamental (e.g. wrought-iron) gates will be allowed.

12.1.6

unlocked gates in fences shall be obligatory to provide access to all adjacent properties properties and/or the common ground.

12.2. Walls 12.2.1

normally on private property only, between two private properties.

12.2.2

maximum height 2.1 metres, except under special circumstances, e.g. if wall is part of a roofed structure.

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13.

FOR APPROVAL BY MEMBERS

12.2.3

to match Forest Glade brick finish if in brick.

12.2.4

types of construction may be specified by the Directors, depending on circumstances, e.g. staggered timber slats if a less dense effect is required.

SALE OF PROPERTY 13.1

In terms of the Memorandum of Incorporation of the Association “no member shall transfer his private erven until the Association has certified that the member has at the date of the transfer fulfilled all his financial obligations to the Association”. Transfer to the new owner cannot be registered unless a clearance certificate has been issued by the Association. This certificate will confirm that all levies and commitments due to the Association, in respect of the property being sold, have been settled in full.

13.2 The member shall ensure that the Estate Agent’s potential purchaser shall be provided in advance with a copy of these rules and rules governing alterations and / or additions to houses in Forest Glade.

14.

UNBUDGETED EXPENSE UNDERTAKEN BY THE ASSOCIATION From time to time the need may arise for the Association to incur expenditure of a nature that was either not budgeted for or has arisen as an emergency issue requiring urgent attention.

In such cases the Directors may not exceed a total expenditure limit, for any one project of R50 000 without first obtaining the approval of members at an Annual General Meeting or a General Meeting called for that (as well as any other) purpose.

15. FAILURE TO COMPLY WITH THESE RULES 15.1.

In accordance with the Association’s Memorandum of Incorporation any member who breaches or fails in the observance of any of the provisions of these rules may, to the extent determined by a resolution passed by a majority of the Directors.

15.1.1

be fined by the Directors and/or

15.1.2

be ordered to pay compensation to any other person aggrieved by this act or omission

The member concerned shall be invited to attend such meeting of Directors by notice in writing delivered to the member not less than seven days prior to the meeting, and the member shall have the right to speak but not to be present at the voting or to take part in the proceedings, other than as allowed by the Chairman of the meeting. The Directors may decide to suspend part or all of any fine.

15.2.

15.3.

Should any member fail properly or timeously to observe any of his obligations in terms of these Rules and persist in such failure for a period of seven days after receipt of notice from the Directors requiring him to remedy the same the Directors shall, without prejudice and in addition to all other rights available to them, be entitled to: 15.2.1

Enforce such obligation and recover the cost thereof together with interest reckoned thereon at the prevailing overdraft rate at the Standard Bank from the defaulting member, and

15.2.2

Instruct attorneys to institute such proceedings as may be necessary against the defaulting member who shall be liable for all costs and charges of whatsoever nature incurred in such proceedings.

Members shall not be entitled to any of the privileges of membership unless and until they shall have paid every levy or fine, interest thereon and other sum (if any) which shall be due to the Association. The full levy is payable every month and no deductions may be made, regardless of any dispute a member may have with the Association.

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