Shelley Point - Policy, Procedures & Rules

Shelley Point Home Owners Association

POLICIES, PROCEDURES & RULES DATED – 1st September 2017

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CONTENTS: PAGE Introduction

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1 2

Definitions Legal Status

3 4

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Estate Rules

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3.1 3.2

Good neighbourliness General Rules

5 5

3.3

SPHOA Employees, Property and Service Suppliers

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3.4 3.5

Payment of Levies Home and Property Maintenance

7 7

3.6

Home businesses

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3.7 3.8

Short Term Rentals Animals and Pets

10 11

3.9 Selling and Leasing of Property 3.10 Safety and Security

12 13

3.10.1

General

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3.10.2 3.10.3

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3.10.6

Access Control for permanent residents and owners Visitors and ad hoc service providers to residents Visitors renting holiday houses or owners allowing visitors to stay while they are not present Shelley Point Hotel guests, restaurant patrons, Oystercatcher guests and golfers Frequent Visitors

3.10.7 3.10.8 3.10.9

Casual day visitors Contractors and sub-contractors General deliveries

16 16 16

3.10.4 3.10.5

3.10.10 Employees of the SPHOA and residents Police, emergency services, fisheries, municipal and 3.10.11 government vehicles 3.11 Domestic alarm monitoring 3.12 Key management service

15 15 15

16 17 17 17

3.13 Public access to the beach 3.14 Road traffic control 4.0 Dispute resolution

18 18 19

5.0 Common Spaces

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INTRODUCTION: Shelley Point Homeowners Association Estate Policies, Procedures and Rules have been designed to promote harmonious living within our estate without being unnecessarily restrictive on the freedom members of the association to enjoy a safe and relaxed lifestyle.

The policies, procedures and rules should be read in conjunction with the Constitution as the two documents are intrinsically linked. When acquiring a property in Shelley Point the registered owner agrees to submit to these rules and any amendment thereto.

In choosing to live at Shelley Point residents will benefit from access to shared facilities, cost effective security and an attractive environment. Estate living provides a wide range of benefits to residents but does, however, come with certain responsibilities. Levies must be paid and rules must be obeyed for the benefit of all concerned.

From time to time the Trustees may update this document to ensure that the rules are current and serve to preserve and protect the lifestyle, whilst enhancing property values.

Municipal by-laws are applicable to our Estate and should be referenced when the estate rules are silent on a particular issue.

1. DEFINITIONS: The following words and expressions shall have the meanings assigned to them in this and other documents related to the SPHOA. 

SPHOA: Shelley Point Homeowners Association, being the association arising from the Constitution.

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Board: The Trustees when referred to collectively.

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Common property/areas: land owned by the SPHOA - see also Private open spaces

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Constitution: the document headed Constitution and 23 December 2016 which defines the manner in which all owners of property within the Shelley Point estate shall associate themselves and the purpose of such association.

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Estate: the properties within the Shelley Point township area

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Estate Rules or These Rules: the rules as determined by the Board from time to time and in accordance with the constitution as amended.

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Estate Office: the office, wherever situated, used for administration of the SPHOA

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EXCOM

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In good standing: a term used to describe Members who have paid all monies due to SPHOA.

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Management: the persons or entity appointed to implement the decisions of the

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Board 

Member: a natural person(s) or entity that owns property within the Shelley Point township.

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Member of the public:

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New gate: The boundary gate situated at the eastern (Stompneus Bay) side of the southern boundary

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Offsite Owners / OSO: the group of members who are not resident on the estate and who have leased their property to unconnected persons.

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Old gate: the boundary gate situated on the western (Britannia Bay) end of the southern boundary of Shelley Point

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Owner: A Member of the SPHOA.

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Private open spaces:

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Public areas: as for Common areas

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Residents: Natural persons, excluding employees, occupying Members’ properties.

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Servitude:

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Trustees: Natural persons elected by the Members to manage and control the business and affairs

2. LEGAL STATUS 2.1. In accordance with the conditions of title of every property on the Estate, the registered owner is obliged to comply with the rules and any interpretation thereof made by the Trustees in terms of the constitution of the SPHOA. 2.2. The inclusion or omission of reference to any other restrictions on behaviour or ownership does not in any way alter the responsibility of every owner to comply with each and every law, ordinance or by-law which may apply.

2.3. The registered owners of properties on the estate, are responsible for ensuring that members of their families, tenants, visitors, friends, employees, their family and friends and any other invitees including any contractors or sub-contractors, are made aware of and abide by these rules.

2.4. While the Trustees and management will make every reasonable effort to enforce the provisions of the rules, any failure on their part to pursue matters to finality shall not give rise to any claim (whether legal or otherwise) by any person against the trustees or management or any other functionary of the SPHOA, who shall not carry any liability in this regard whatsoever.

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2.5. Any owner has the right to take action themselves, whether civilly or criminally, against any person who is in breach of these provisions where the SPHOA has declined, in writing, so to do.

2.6. In terms of the constitution, the trustees are entitled at any time to amend, add to or delete from these rules in whatever manner they may deem necessary in order to protect the interests of the SPHOA. The trustees may amend these rules without incurring any liability to any person, and any amendment shall immediately become binding upon all owners, provided that such amendment, addition or deletion (“variation”) has been communicated in writing to owners in a manner reasonably approved by the trustees, irrespective of whether such communication came to the actual notice of any particular member(s). Members have the right to debate the variation at the next general meeting of the Association.

3. ESTATE RULES 3.1. General good neighbourliness: 3.1.1. Harmonious community living is only achieved when residents are able to use and enjoy their private property, as well as the common areas of the estate. Due consideration by all residents, property owners, tenants, guests and visitors for each other will greatly assist in achieving a happy community. There will always be the potential for conflict arising from minor irritations and tolerance is key.

3.1.2. In the event of annoyances, disputes or complaints arising, which relate to issues contained in this manual, the involved parties should endeavour to settle the matter between themselves amicably, exercising understanding, tolerance and due consideration. In instances where problems cannot be resolved, the matter may be dealt with in terms of section 4.0 3.1.3. Incidences of abusive behaviour towards any employees of SPHOA and / or its contractors will not be tolerated and action in the form of prosecution and / or substantial penalties may be instituted after appropriate investigation.

3.1.4. In order to preserve and enhance the residential amenity and lifestyle within the estate, all owners and their invitees shall at all times behave in a considerate, reasonable and civilized manner, and shall in particular make every effort to avoid causing inconvenience or nuisance to other owners. Owners shall comply with any rules made by the Trustees in order to regulate behaviour in the Estate.

3.2. General rules 3.2.1. Noise abatement 

No resident may allow noise levels on their property to be a nuisance to adjoining or surrounding property owners.

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The volume of music or electronic instruments, partying and any activities should be tuned to a level which will not cause a disturbance to neighbours.

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The use of motor cycles or any other vehicles with noisy exhaust systems, save for the entering, or exiting from the Estate is prohibited.

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All users of the roads within the Estate must practice restraint insofar as excessive engine noise, hooting and / slamming of doors is concerned, particularly between the hours of 22h00 and 06h00.

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Motor vehicle sound systems must be turned down when driving within the Estate.

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No music device, unless used only with earphones, or musical instrument of any description will be permitted on common property.

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The use of noisy mechanical equipment, including but not limited to, power saws, angle grinders, lawn mowers etc, may only take place during the following hours: Mondays to Friday 07h00 to 17h00 Saturday 07h00 to 13h00

3.2.2. Laundry hung out to dry must not be visible from common property. This includes beach towels and swim wear hung out to dry.

3.2.3. Garden or household refuse destined for disposal may not be placed on the sidewalks, except early on the day of collection and the empty refuse bin must be removed the same day. A refuse bin area is available at the new gate for those not being able to comply.

3.2.4. No advertisements or publicity material of any nature may be exhibited or distributed without the prior written consent of SPHOA. 3.2.5. Door-to-door canvassing is not permitted. No advertisements by way of leaflets, pamphlets, etc. may be distributed at the gatehouses or within the Estate unless on official SPHOA letterheads for estate functions, notices etc.

3.2.6. Fireworks are not permitted on the estate.

3.2.7. No residence is permitted to be used as a commune, as defined in the town planning by-laws.

3.2.8. External or other lighting shall be designed and installed so as not to be intrusive or to create a nuisance to other residents.

3.2.9. When planning a party at home, exercise courtesy and consideration and inform nearby neighbours and endeavour to cease activities by midnight, ensuring a quiet departure of guests. The frequency of parties should not affect fellow resident’s lifestyle.

3.2.10. Owners may not use or permit the use of his / her residence for any purpose which is injurious to the good reputation of Shelley Point Estate or indulge in or permit

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any immoral behaviour which is offensive to other Owners and / or damaging to the good reputation of the estate and that does not comply with the law of the land.

3.2.11. No firearm, pellet gun, catapult, bow and arrow or any other weapon may be used on the Estate, without the approval of the Board.

3.3. SPHOA Employees, Property and Service suppliers No owner shall at any time instruct, reprimand, interfere with or distract any employee, contractor or sub-contractor retained by SPHOA to provide security or any other service to the Estate, nor shall any owner touch, handle, tamper with or move any vehicle, machinery, tool, radio, computer or any other item used by such providers of service, irrespective of whether such item belongs to the association or not.

3.4. Payment of levies: 3.4.1. Levies are due and payable monthly, in advance, on the first day of each and every month.

3.4.2. The Trustees are entitled to charge interest on levies or any other payments due to the SPHOA which are not paid on due date.

3.4.3. Owners are reminded that no property may be transferred until all amounts due to the SPHOA have been paid, and that they may not vote at any meeting nor stand for election if they are in arrears with any payments. 
 3.4.4. No construction may take place or continue if and when levies are in arrears 3.4.5. While all steps are taken by SPHOA to ensure contact and personal details are correct, in order to ensure that bills of account reach their correct destination, the onus is on owners to ensure that their details and / or any changes are correct and updated with Estate Office and or the managing agent. 
 3.4.6. SPHOA reserves the right to list defaulters of outstanding levies, penalties or payments with the I.T.C., at the main gate or in the newsletter.

3.5. Home and property maintenance: The collective pride we have in our estate depends to a considerable extent on the contribution made by every owner in creating and maintaining a pleasing appearance of their own property and thereby to the Estate as a whole.

All members of the association are referred to the Building Design Manual (BDM) for details of the rules and restrictions regarding maintenance and the addition of accessories such as solar collectors, PV panels, water tanks, air conditioners etc. What follows is a summarized set of rules and is not exhaustive.

3.5.1.

All repairs, maintenance or painting needs to comply with the Building Design Manual

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3.5.2.

Owners shall at all times maintain the exterior of their houses, their gardens, boundary walling or fencing, and the sidewalk between the kerb and the street boundaries of their property to the satisfaction of the Trustees. Owners shall construct and maintain a paved driveway between the kerb and the street boundary of their property.

3.5.3.

Failure to meet the requirements of 3.5.1 and 3.5.2 will be advised to owners / occupants by SPHOA with the request that matters be rectified. In the event that nothing is done within a reasonable period, SPHOA reserves the right to levy a penalty.

3.5.4.

In the event of the above requirements not receiving satisfactory treatment or attention, SPHOA, after having given the owner written notices thereof, reserves the right to undertake the necessary work at the owner’s expense, with such costs forming part of the levy collected in the following month

3.5.5.

A particular appeal is made to owners and their visitors and employees and others to leave any private open space they may visit in as clean a condition as it was found and to develop the habit of picking up and disposing of any litter encountered in the waste bins provided.

3.5.6.

Owners shall at all times ensure that any object which could, in the opinion of the Trustees, be considered unsightly or to the detriment of the appearance of the Estate is not visible from the street, from common areas or from other properties.

3.5.7.

Objects which must be screened from view from common property and the neighbours include, but are not limited to, wash lines, caravans, trailers, golf carts, boats, wendy houses, tool sheds, wooden sheds of any kind, equipment, engine and vehicle parts, exposed plumbing, swimming pool pumps, large satellite dishes, air conditioners etc.

3.5.8.

Unless screened from view to the satisfaction of the Trustees, no trailer of any sort may be parked within the estate for longer than 48 hours.

3.5.9.

No galvanized iron or perspex is permitted either as a structure or a feature unless permitted by the Board in writing which permission will not be granted if the use thereof is visible. Only prescribed building specifications of the SPHOA will be permitted.

3.5.10.

Generators, external air conditioning units and equipment must be concealed from view and noise levels must not be a disturbance to neighbouring residents.

3.5.11.

Small satellite dishes, T.V. and other aerials shall be discreetly positioned wherever possible to meet the approval of neighbours and the board.

3.5.12.

Swimming pool backwash must be connected to the sewer system and NOT to storm water drainage pipes or discharged directly onto the roadways and / or sidewalks.

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3.5.13.

All households need sufficient “Wheelie Bins”, as approved by and obtainable from the local authority, for their refuse requirements. Wheelie Bins shall be stored so as not to be visible from Common areas, except on refuse collection days.

3.5.14.

Save for motor vehicles parked on the roads, no motor vehicles, boats, trailers, golf carts, garden furniture or any other item shall at any time be parked or placed in parks, walk-throughs or any other Common areas including the pavements / sidewalks, without the prior written consent of the management.

3.6. Home businesses 3.6.1.

SPHOA has the right to enforce the local by-laws relating to home businesses.

These include activities, which would cause aggravation or nuisance to fellow residents, including but not limited to auctions, jumble sales and similar activities.

3.6.2.

The type of business is restricted. There may be no manufacturing or direct sales.

3.6.3.

The number of people working therein, are restricted to the owner and not more than two employees, provided that the owner is present and lives on the property. Should the owner be a juristic person, then a resolution authorizing an individual, who is a member, beneficiary or shareholder to represent the juristic entity must be lodged at the estate office and the individual must reside on the property on a permanent basis. These restrictions are designed to limit the flow of people and traffic, and for various other reasons, not the least being security.

3.6.4.

All businesses operating within the estate are required to register, and/or apply for renewal, with the SPHOA on the appropriate form available from the estate office. Registration of a new business must be obtained before commencement, of for administrative and monitoring purposes. Renewal should occur on 31st March each year. Where businesses are found to be operating without having been registered, a penalty may be levied.

3.6.5.

Those applications for business use which have been approved are subject to annual review by the trustees (presently on the 31st March each year) who shall be entitled to revoke such approval should the applicant not be in good standing.

If an approval is revoked or not renewed, the applicant will receive advice thereof in writing, and the conduct of a business use of that property will thereafter be in contravention of the estate rules. The trustees reserve the right to report such illegal activity to the local authority or take such other action as might be appropriate, including court action or the imposition of penalties in terms of the constitution and the estate rules

3.6.6.

The employee(s) of any owner, who has been granted consent for a business, shall park their vehicles on the property concerned.

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3.6.7.

All employee(s), invitees or visitors to an approved business shall comply with the Shelley Point access control procedures, and any directions of the trustees, management or security officers, in this regard.

3.6.8.

The SPHOA reserves the right to determine a fee to be paid towards the operations of the access control systems which are in place.

3.7. Short term rentals Properties used as short-term rentals to holiday makers and others represent a particular challenge to estate management since the tenants of these properties have no vested interest in the rights of residents and other property owners.

Members of the SPHOA who use their properties for short term rentals are required to ensure that the tenants of their properties are properly informed of the estate policies and rules and informed that failure to comply with these rules may lead to penalties being imposed on the owner.

3.7.1.

Short term rental properties are deemed to be businesses in terms of these rules and appropriate registration of such businesses is required as per 3.6.4, 3.6.5, 3.6.6, 3.6.7 and 3.6.8. Registration of short term rental properties is to be arranged through the office of the Estate Manager.

3.7.2.

The SPHOA board of trustees reserves the right to inspect the property at the time of registration to verify the information contained in the application.

3.7.3.

No more than 2 persons per bedroom (as per the properties registration). A fourbedroom home may take a maximum of 8 people including children.

3.7.4.

Owners or managing agents of short term rental properties are required to inform the HOA Administrators office of expected arrivals at least 24 hours before the arrival of tenants. The following details are required:    

The address of the property being rented The names and number of people expected Vehicle registration details Date of arrival and date of departure

If it is not possible to notify HOA 24 hours in advance then the control room must be contacted and the information provided – 022 742 1380 3.7.5.

All estate policies and rules apply to tenants of short term rentals for the duration of their stay. A copy of the conduct rules is to be prominently displayed in the property at all times.

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3.7.6.

Not more than 2 vehicles per property unless by prior arrangement through the office of the estate manager i.e. a 4-bedroom home can take 8 people but not arriving in 8 vehicles.

3.7.7.

No more than 2 vehicles at any one time may “visit” such rental properties unless by prior arrangement with the estate manager. Visitors vehicles are required to leave the estate by midnight.

3.7.8.

Short term rental tenants may NOT bring pets onto the estate irrespective of the property.

3.7.9.

Tenants are required to respect the rights to privacy of residents and other property owners. In particular trespassing on private property is strictly forbidden.

3.8. Animals / pets 3.8.1.

SPHOA has the right to enforce the local by-laws relating to pets / animals, so please ensure that you are aware of the regulations.

3.8.2.

All residents shall ensure that their pets are not the cause of disturbance by whatever means to their neighbours or any other person on the Estate. The Trustees reserve the right and shall at all times be entitled to require a resident to remove from the Estate any bird or animal which, in the opinion of the Trustees, causes a nuisance to other residents by excessive noise or in any other way. Should such entitlement be exercised, the resident shall remove the animal from the Estate within 30 days of delivery of a notice requiring such removal.

3.8.3.

The owner of a dog shall immediately remove any faeces deposited by the dog on public open spaces including roads, pathways, lawns or any other area.

3.8.4.

The handler of a dog will be responsible for the supervision and control of the behaviour of that dog. When outside the boundaries of their own property, but within the Estate, the handler shall keep the dog on a leash at all times.

3.8.5.

Unaccompanied dogs found roaming freely will be dealt with in a manner deemed appropriate by the board.

3.8.6.

No home may house more than 2 dogs and or 2 cats of any size without written approval from the board.

3.8.7.

Sterilisation: Members are strongly encouraged to sterilize dogs and cats unless there is specific intention to breed or show.

3.8.8.

Every pet must have and wear a collar and tag indicating contact details of the owner and / or a SPCA tag.

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3.8.9.

No live poultry, pigeons, wild animals, livestock or similar may be brought onto or kept on the Estate at any time, unless the by-laws make provision for such activity

3.8.10.

All wild animals, including but not limited to antelope, tortoises, snakes, cape hare, mongoose, hedgehog and birds, encountered in the Estate must be considered to be protected species and not interfered with.

3.8.11.

Feral cats are a significant problem at Shelley Point and pose a threat to many of the birds, small mammals and reptiles living in the area. SPHOA will, from time to time, take whatever action is deemed necessary to control the population. This shall be done in accordance with humane practice.

3.8.12.

The presence of snakes and beehives should be reported to management.

3.9. Selling and leasing of property 3.9.1.

In order to ensure that prospective purchasers are correctly informed about the Estate, and to avoid the proliferation of unsightly signage, owners shall be encouraged to employ one of the estate agents accredited by the SPHOA.

3.9.2.

The owner must ensure that the buyer / tenant is informed about and receives a copy of the rules and other administration regulations applicable at the time.

A signed copy must be delivered to the Estate Office before occupation.

Clearance and access will only be issued on receipt of signed rules.

3.9.3.

A clearance certificate must be obtained from SPHOA at a cost which will be advised by SPHOA on application and which may change from time to time.

The clearance certificate will be withheld if the residence does not conform with the rules of the SPHOA.

3.9.4.

Any written approval in terms of the rules granted to the seller (in the case of a re-sale) or lessor, prior to the time of sale or lease must be communicated to the buyer or lessee at the time of purchasing or lease. Failing this approval, the buyer or lessee will have recourse against the seller or lessor and not against SPHOA.

3.9.5.

Should any owner let their property they shall, in writing advise SPHOA of the name, contact number of the lessee, and the lease period. The owner is obliged to inform the lessee of the Estate rules and regulations and bind the lessee to conform therewith. A copy signed by the lessee must be delivered to the Estate Office prior to occupation.

3.9.6.

Should a tenant breach the Estate rules, the SPHOA or Management may take such action as they deem necessary or expedient at the cost of the Offsite Owner concerned, to rectify the situation. 


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3.10.

Safety and Security

3.10.1. General 

Security of the Estate is of paramount importance. Owners shall at all times assist and comply with whatever security systems, access control or other procedures have been implemented by the trustees in the interests of estate security.

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The perimeter security and access control system serve as a deterrent and detection function and are not guaranteed to prevent a determined attempt at intrusion into the estate. Accordingly, neither the SPHOA, the SPHOA management, the security contractor, nor any of the agents or employees of the aforementioned persons or entities shall be held liable for any loss of life, injury, damage or loss of property suffered by any person.

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SPHOA has gone to great lengths to ensure maximum possible protection on the estate. Every time the security protocol is not followed and the regulations are broken, it makes it easier for criminals and others to do the same.

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Security personnel have a difficult and unenviable task. Everyone’s support and co-operation is expected. Residents should display a positive attitude towards the security staff to enhance their loyalty and attitude toward the people they are employed to protect.

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All owners / residents must advise management in writing of their personal and contact details to enable security to make telephonic contact. If there are any changes, it is incumbent on the owner / resident to advise management in writing by completing the standard updating form.

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It is the responsibility of every owner and or resident to ensure that visitors adhere to the security protocol and conduct rules for the estate and treat security personnel in a co- operative and courteous manner.

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Residents will be held responsible for all contractors / subcontractors, domestic workers and visitors working on, or visiting their property.

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Contractors / subcontractors working outside stipulated working hours will be removed from the estate by security and a penalty will be imposed.

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Domestic workers or visitors failing to comply with security regulations will either be denied access, or, if already within the estate, will be removed by security.

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Any and all attempted burglaries, boundary fence incursions or any act of a suspicious nature, must be reported to management or the security manager immediately.

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It is compulsory that all houses are clearly and correctly numbered to facilitate easy recognition and identification in an emergency.

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In the interest of safety of residents, the “old” (west) gate is only open from 06h00 - 19h00. These times may be changed at the sole discretion of the trustees.

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Security procedures at the access gates and within the estate must be adhered to.

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Residents are strongly discouraged from employing unknown casuals, gardeners and/or other categories of casual workers in the Estate. Identity documents are compulsory for entry into the Estate and a copy must be retained by the resident.

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All contractors must transport their staff to and from the premises.

Contractors staff are not permitted to walk in, around or out of the Estate.

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Contractors, subcontractors, workers, domestics, gardeners and others must enter through the Gatehouses in accordance with the designated security procedures in force at the times of entry.

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No contractor or sub-contractor engaged in building or renovations activities on the estate will be permitted to lease premises on the estate for the purpose of housing supervisors or workers.

3.10.2. Access - Permanent residents and owners 

Access for property owners and residents will be facilitated by a camera based license plate recognition system.

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Each property may have 2 license plates registered to it.

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Upon written application, additional license plates may be issued at the boards sole discretion.

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Owners of undeveloped erven may apply for biometric access.

3.10.3. Visitors to residents including ad hoc service providers: 

An Electronic Visitor Information Management System (EVIMS), compliant with South Africa’s’ Protection of Personal Information Act (POPI) is in place to manage access.

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Upon a visitor’s arrival at the gate, the security staff will telephone the person to be visited or the authorized “key holder” to confirm that the visitor / service provider may be allowed access.

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If the person to be visited authorizes access, the visitor will be required to present their driver’s license. This together with the vehicle license disc will be scanned and digitally signed using biometric sensor (fingerprint). The system provides real time identity verification through access to the NCCS

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The information thus obtained is immediately uploaded to a secure server on the cloud and is not accessible to security staff. The board may access this information in case of any forensic investigation.

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Egress will be permitted by digital fingerprint scanner.

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Visitors staying for extended periods may be provided with repeat access by fingerprint only

3.10.4. Visitors renting holiday houses or owners allowing visitors to stay while they are not present 

Owners, letting agents and property managers letting properties on short term leases to holiday makers will be required to communicate with the Security Control Room in writing at least 24 hours before the visitor’s arrival.

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The control room will prepare a daily list of expected visitors for the gates and this list will serve as access authority.

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Guests will be required to register as per the EVIMS procedure.

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Egress and repeat access for the authorized duration of their stay will be facilitated by fingerprint only.

3.10.5. Shelley Point Hotel guests, restaurant patrons, Oystercatcher guests and golfers 

Telephonic confirmation of a booking / reservation followed by registration by EVIMS.

3.10.6. Frequent visitors: 

For purposes of this procedure these are defined as persons who visit the estate regularly and who have been “approved” by the trustees. This may include certain service providers by specific authority of the board.

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The board’s decision on whether to grant frequent visitor status is final and may not be appealed.

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Frequent visitors include estate agents doing business in Shelley Point, local golfers who regularly play golf, etc.

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Persons may apply to the board to be registered as frequent visitors.

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Once approved, frequent visitors will be registered on the biometric recognition system which will permit entry.

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Expiry and renewal frequency.

3.10.7. Casual or day visitors: 

The beaches are public property and Shelley Point is required by law, to allow public access to these beaches via the registered servitude.

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Public access will be allowed ONLY from the old gate and will give such visitors access along Golden Mile Boulevard up to the three designated car parks from where they may access the beach.

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The rest of Shelley Point (above the high-water mark) remains private property and day visitors will be warned of the results of trespass or unauthorized access to other parts of the estate. Appropriate signage will be established in due course.

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Casual visitors will NOT be allowed to access the area of the “small craft harbour” by vehicle without express prior permission from the Board.

3.10.8. Contractors and sub-contractors Registration of contractors and sub-contractors and the procedures managing their access to the estate are covered in the Owners/Contractors Code of Practice. This code of practice also covers the management of deliveries of building materials.

3.10.9. General deliveries (including courier services) 

This section deals with the collection and or delivery of goods to Shelley Point including to the hotel, guest houses, restaurant, golf course and private residences.

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Telephonic confirmation of the expected delivery will be made to the receiver after which access will be allowed after the EVIMS procedure has been followed.

3.10.10.

Employees of SPHOA and residents

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All are required to be registered with the HOA and will need to submit an accepted form of identification during registration.

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A national identification card, book of life, passport etc are acceptable identification documents

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Once registered access will be granted via the biometric system.

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3.10.11. Police, emergency services, fisheries, municipal and government vehicles

3.11

3.12

3.13

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If responding to an emergency these vehicles will be granted immediate access without hindrance or delay.

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Security will note the time of access and vehicle registration number in the Log book.

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Non-emergency visits require compliance with the EVIMS procedure but will not require pre-authorisation.

Domestic alarms and monitoring: 

SPHOA contracts the services of a security service provider to install, service, monitor and respond to domestic (house) alarms.



SPHOA will ensure that standard operating procedures are established to guide the activities of the service provider and assure the effectiveness of the system.



Members are strongly encouraged to use this service provider to ensure that installations are done to standard and that installed equipment is compatible with established infrastructure. Neither SPHOA nor the contracted service provider can be held liable for the performance of non-standard installations.



Members are responsible for ensuring that alarm systems are tested and serviced regularly. SPHOA recommends annual testing and servicing as an absolute minimum.



Members are responsible for ensuring that contact details and specific alarm response instructions held in their “profile” on the system are current.

Key Management service: 

The security service provider will establish and maintain a key management service based in the control room for owners wishing to leave keys to their property on the estate.



The standard key management agreement form must be filled in and signed by the property owner BEFORE LEAVING THE KEYS WITH THE CONTROLLER.

Public access to the beach 

The beaches surrounding Shelley Point are public property and public access to the beach is permitted under the following conditions



Pedestrian access to the beaches from outside the estate will be monitored but cannot be prevented.

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3.14



Vehicle access to day visitors will be via the OLD GATE only and such vehicles / day visitors must comply with the prevailing access control procedures as amended from time to time.



Day visitors accessing the estate by vehicle are to use Golden Mile Boulevard to access one of the three designated public car parks and access the beach from there.



Shelley Point is private property and day visitors may NOT drive through the estate “sight-seeing”.



Buses are NOT permitted on the estate.



Day visitors are requested to respect private property and the rights to privacy of Shelley Point property owners.

Road traffic control 

The roads are an integral part of Shelley Point for the use of all residents, visitors, contractors and others, whether in vehicles, motor cycles, bicycles or on foot, and must be respected and regarded as a vital element of the community environment.



The roads within the Estate are located on land owned by the SPHOA, however, pedestrians have priority over vehicles, and children may be playing in the street.



There are several speed humps, and, other than the main boulevards, the roads are deliberately narrow and winding. There are minimal road markings or road signs, therefore the main thoroughfare (Golden Mile Boulevard) has right of way. All other intersections be should approached with caution. The “rules of the road” apply to traffic circles, i.e., yield to the right.



In order to achieve a pleasant environment which is as safe as possible for children and other pedestrians, residents shall drive on the Estate with the utmost care at all time. A speed limit of 40km/hr will apply.



Notwithstanding that the roads within the Estate are on privately owned land, it is not permitted for a person not in possession of a valid driver’s license to drive or ride within the Estate any motorised vehicle, motorised scooter, motor cycle, golf cart or any other item for which a driver’s license is required in terms of any applicable law.



Irrespective of whether the driver or rider holds a valid license, no motorised vehicles (as defined in terms of relevant legislation, but specifically including golf carts, motorised scooters, and scramblers) may be driven or ridden on any public open spaces within the Estate. For this purpose public open space is defined as any land other than roads outside the boundaries of an individual

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homeowner’s property, and includes parks, pathways, walk-throughs, pedestrian bridges etc. 

The Trustees have the right to prohibit the use of an unlicensed vehicle within the estate.



The use of quad bikes on the estate is not permitted.



The use of motor cycles or any other vehicles with noisy exhaust systems, save for the entering, or exiting from the Estate is prohibited.



All users of the roads within the Estate must practice restraint insofar as excessive engine noise, hooting and / slamming of doors is concerned, particularly between the hours of 22h00 and 06h00.



Speed traps may be conducted in the Estate to ensure the 40 km/hr speed limit. This is to ensure that the roads that have been designated as a “Woonerf”, where pedestrians have priority over vehicles and children may be playing in the streets, is enforced.



Motor vehicle sound systems must be turned down when driving within the Estate.



Motor vehicles parked on roads and designated parking areas, are parked at the sole risk of the owner of the vehicle.



No motorized vehicles may be parked and left on any roads within the Estate on a permanent or semi-permanent basis.

4. DISPUTE RESOLUTION The following protocol should be followed by residents regarding any problem / issue.

4.1 take it up with the Estate Manager.

4.2 if not satisfied with his decision, then ask him in writing for a Board decision.

4.3 if the resident is still not satisfied, then they need to request, in writing, to meet with the Board.

4.4 after meeting the Board should the resident still not be satisfied arbitration is available.

4.0

COMMON SPACES 4.1

All activities conducted on Private open spaces and the use of communal facilities, including but not limited to the golf course, tennis court, bowling greens shall be at

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the resident’s and/or his invitee’s own risk, with the SPHOA disclaiming any responsibility.

4.2

Numerous open areas have been provided to enhance the residents’ lifestyle.

Residents and their visitors should leave these areas as clean or cleaner than they found them.

4.3

Picnics are encouraged, but the lighting of fires or braai’s is prohibited due to the high fire risk of the area.

4.4

No plants, shrubs or trees may be disturbed or removed.

4.5

Playground equipment is to be used with care and only by children under the age of 12 years.

4.6

Country club 4.6.1

Golf course This section is still under development

4.6.2

Tennis court The following regulations will apply: 

Only players wearing correct tennis shoes are permitted to use the court. No shoes with black soles will be allowed. Anyone found playing on the tennis court with black-soled shoes will be prohibited from playing tennis and will be penalized accordingly.



The booking procedure must be followed. A self- booking procedure is currently in place. Residents should book their timeslot in the booking book held by the security staff at the back gate. A two (2) week booking in advance from the last booking/session (rolling basis) is allowed.



It is the responsibility of all players when using the Tennis Court to close the gate when play is over, and, if playing at night, to switch off the lighting when leaving.



Should Residents book the court and not arrive to play within 10 minutes after the booked time, the court may be used by other players.

Players must ensure that the court is vacated upon expiry of the booked time.



The Member responsible for any children found on the tennis court roller blading, roller skating, cycling, etc. will be subjected to a penalty, the amount of which will be determined by the Board from time to time.

Such penalties, in terms of the Constitution will be debited to the levy account.

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

Children under the age of 12 years may not use the tennis court unless under supervision of an adult.



Professional coaching of residents and their children is encouraged and a fee may be charged by the coach. The tennis court may not however be used to coach persons, including children, who do not reside on the estate

4.6.3

Bowling greens

The following regulations will apply: 

Smooth flat soled shoes must be worn. No shoes with heels, or running shoes with defined treaded soles will be allowed.



No ball or racket games will be allowed on the bowling green.



The Member responsible for any children found on the bowling greens running around, kicking a ball, jumping off the banks etc. will be subjected to a penalty, the amount of which will be determined by the Board from time to time. Such penalties, in terms of the Constitution will be debited to the levy account.



Proper bowls equipment such as mats and jacks must be used when practicing.

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