CODE OF CONDUCT AND ESTATE REGULATIONS Code...3.3.3 Caravans, trailers, boats, tool sheds, equipment, tools, washing lines, engine and vehicle parts as well as accommodation for pets

HOMEOWNERS ASSOCIATION

CODE OF CONDUCT AND ESTATE REGULATIONS

EFFECTIVE DATE – 1 MAY 2006 (Revised in September 2016)

1. INTRODUCTION

The vision for Southdowns Estate is:

“To be the premier residential Estate in Gauteng offering a unique lifestyle in an environmentally sustainable manner.”

The Estate Code of Conduct and Regulations have been developed to give effect to the vision and underpin the objectives of the Estate.

By necessity a community must operate on the basis of acceptable codes of conduct and enforceable regulations.

These regulations are incorporated into the Deed of Sale by virtue of the Conditions of Establishment of the Estate as well as the Memorandum of Incorporation of the Southdowns Home Owners Association (HOA).

All property owners in the Estate are bound by these regulations and are responsible for ensuring that all persons who occupy, are employed by or visit their properties will abide by them.

2. INSTITUTIONAL AND GENERAL PROVISIONS

2.1 There are a number of documents which must be read in conjunction with the SHOA Code of Conduct and Estate Regulations:

Conditions of establishment for Irene extension 52; 174 to 159

The Memorandum of Incorporation for the Southdowns Home Owner Association – A Non Profit Company registration number 2005/021423/08 ( as revised ).

Southdowns Building Design Guidelines and Standards as revised.

The Environmental Management Plan and Ecological Management Plan.

2.2 Additions and Amendments

The HOA Directors are entitled to issue additions and amendments to these regulations from time to time. The authority is derived from both the Conditions of the Establishment and the Memorandum of Incorporation of the HOA in particular sections 7 and 8 (see Appendix A).

2.3 Enforcement

The following Principles thus apply to the enforcement of these regulations.

2.3.1 The Estate Manager is the primary enforcement agent who will operate with delegated levels of authority from the HOA.

2.3.2 The Estate Manager may in turn delegate this responsibility to specific officials who are empowered to issue fines for transgressions but without the authority to repeal a fine already issued.

2.3.3 In the event of a member disputing the fine issued, he/she may appeal to the Estate Manager and thereafter to the HOA Board who will appoint a committee of three (3) Members to adjudicate upon this issue as provided for in sections 7 and 8 of the MOI.

2.3.4 The principles of natural justice and equity will apply to all cases.

2.3.5 In cases of dispute between Members and the Estate Manager, the Chairman of the HOA appoint a committee consisting of no less than three members to consider the

2 | P a g e SHOA Code of Conduct & Estate Regulations –Revision 2016

merits of the case and advise on appropriate action. .

2.4 Sanctions

The following principles will be applied:

2.4.1 Damage to or Destruction of Property

Rectification; repair or re-instatement cost will be levied. The offender will be given a period of time to effect the required rectification; repair or re-instatement whereafter the Estate Manager will do so and will levy the consequent cost plus a management fee against the offenders levy account.

2.4.2 Misdemeanours and Violations of the Code of Conduct

The sanction for misdemeanours or violations of the Code of Conduct is by necessity punitive in nature. All fines collected however will be deposited in the Estate Capital Fund which operates for the long term benefit of all owners in the Estate. Fines may be increased in proportion with the general levy increases over the full period since the code of conduct was issued or updated.

The sanctions at this point in time are:

Offence Fines & Actions by HOA

Minor violation and 1st offences Written Warning

Serious violations and repeat misdemeanours R 750 Fine

Major violations and repeat misdemeanours R2 000 Fine and Public Disclosure

2.4.3 Homeowners Liability of Dependants; Employees; Guests; Tenants and Contractors

Property owners are responsible for the behaviour of their dependants; employees; guests; tenants (including their guests and dependants) and contractors (including their employees), and contractors, and agree that any sanction amount imposed by either the Estate Manager or the Chairman of the HOA will be recovered through the levy account and will become due and payable by the property owner on demand.

2.4.4 Public Notification and Disclosure

The Member agrees that the outcome of any disciplinary matter or dispute may be published on the Estate Notice Board; the Estate magazine or any other internal means of communication method.

The publication of the outcome is designed to be a deterrent for future violations.

3. CONDUCT RULES

3.1 INCORPORATION OF INTRODUCTION, MEMORANDUM OF INCORPORATION AND BUILDING DESIGN GUIDELINES

The provisions of the memorandum of incorporation of the HOA, the provisions of the Introduction to this document contained in section 1 above, as well as the provisions of the Building Design Guidelines are incorporated into these rules, mutatis mutandis, as if specifically repeated herein. In the event of a clash between the conduct rules: (1) and the Memorandum of Incorporation, the latter shall prevail; (2) and the Building Design Guidelines, the latter shall prevail.

3.2 STREETS-SIDEWALKS

3.2.1 The streets of the Estate are intended for vehicular and pedestrian traffic by all occupants. Pedestrians and bicycles have preference over motor vehicles (which in these rules include motor cycles or other motorised transport) in the use of the roads in the township. Cyclists shall, however, adhere to all the rules of the road and to all laws,


by-laws, regulations and so forth.

3.2.2 Parents must ensure that their children do not play in or otherwise occupy the streets. In spite of this provision, drivers of motor vehicles are obliged to take special care while driving in the Estate so as to allow for the possible presence of children in the streets. Children are not allowed to set up play areas and or tables and chairs on the sidewalks, as this may divert pedestrians into the street and thereby causing undue risk.

3.2.3 Motor vehicles and other motorised transportation, with the exception of Estate and farm vehicles, are not allowed to drive anywhere except in the streets of the township including in pasture parks or on pavements. Golf carts are permitted to drive on any of the roads or pathways through the meadows which provide access to golf carts, unless access is prohibited by displaying a “No Access” sign to the particular road or pathway.

3.2.4 Parking on paved sidewalks and in the streets is not permitted, unless specific parking areas have been demarcated by the HOA. Parking on unpaved street sidewalks owned by the HOA is permitted unless damage is likely to be caused to installations of the HOA on the road reserve e.g. water meters, fibreboxes, etc.

3.2.5 Tractors and other farm vehicles as well as farm livestock shall be allowed on the roads in order to fulfil their normal farming function and purpose and shall have right of way.

3.2.6 No unlicensed vehicle (in case of a golf cart it must display a valid permit issued by the HOA) or un-roadworthy vehicle is allowed to be present on any road in the Estate. Furthermore, no unlicensed driver shall drive any vehicle on any road in the Estate.

3.2.7 Off-road motor cycles and Quad bikes are expressly prohibited on the Estate roads.

3.2.8 All golf carts must carry a permit and number issued by the Estate Management Office to clearly identify ownership and thus responsibility. To comply with traffic legislation, Golf carts may only be operated by licenced drivers when driving on the roads within the estate.

3.3 STREETSCAPE

The streetscape is also dealt with in the Building Design Guidelines (mainly Chapter 5 thereof).

3.3.1 Every owner is obliged to maintain, trim and keep clean and tidy the area between the road kerb and the boundary of his property. Should a property owner fail to do this within three days after being notified by the Estate Manager, then the work will be carried out on his behalf and the reasonable cost thereof billed to the owner’s levy account.

3.3.2 Garden fences/walls and outbuildings forming part of the streetscape shall be maintained kept neat and clean and painted where necessary.

3.3.3 Caravans, trailers, boats, tool sheds, equipment, tools, washing lines, engine and vehicle parts as well as accommodation for pets are to be sited out of view from the streets and screened from neighbouring properties.

3.3.4 Building material and building rubble as well as top soil, garden refuse, rocks and so forth may not be stored or dumped on the sidewalks or other open spaces under any circumstances.

3.3.5 No trees or plants on sidewalks may be removed without the permission of the Estate Manager. Plants may not interfere with pedestrian traffic or obscure the vision of motorists.

3.3.6 Damage to roads, pavements, traffic signs, lampposts and the like will be repaired at the cost of the party causing it or such party’s guardian if the party is a minor or if the party causing the damage is a visitor, then by the owner or other occupier in the township who the offender visited at the time. Damage to any of the aforegoing must be reported to the Estate Manager as soon as possible by any party causing it or any other party noticing it. The party causing or responsible for the cost of repair of the damage will be afforded three working days to repair the damage at its own expense, failing which the Estate Manager will carry out the work and claim the cost thereof, together with interest at the agreed rate and a management fee, from the offender (or the Home Owner in the


case of a guest; dependant; employee; tenant or contractor).

3.3.7 Should an owner wish to plant trees or shrubs on the sidewalk, the owner must first liaise with the Estate Manager so as to ensure that trees and shrubs do not interfere with pedestrian traffic or obscure the vision of motorists or interfere with sewer; storm water; gas/ electricity or water lines.

3.3.8 No ornaments, statues, walls or decorative hardscaping will be allowed on the area between the road kerb and the boundary of the property as it is the common property of the association that is used for trees, traffic signs, street lights, pedestrian pathways and bulk infrastructure. The Estate Manager may allow at his discretion non-permanent pots and ornaments that are non-intrusive; in a suitable location as to not interfere with services and infrastructure; and compatible with the architectural and aesthetic theme of the estate.

3.4 ENVIRONMENTAL MANAGEMENT

Environmental management is also dealt with in the Building Design Guidelines (mainly Chapters 5 and 9 thereof)

3.4.1 No rubble or refuse may be dumped or discarded in any public area, including parks, pastures, streets and pavements.

3.4.2 Flora may not be damaged or removed from any public area.

3.4.3 Fauna of any nature may not be hunted, chased or trapped in any public area, be it by people or pets.

3.4.4 Residents are responsible at their own cost to maintain trees and water and manicure plants and shrubs planted on their pavements by the HOA and is not permitted to move, remove or damage common property (including plants) installed by the HOA.

3.4.5 Residents are obliged to maintain their gardens in a neat, clean, weed free condition.

3.4.6 Residents shall ensure that declared noxious flora are not planted and do not grow in their gardens.

3.4.7 Swimming pool waste water must be channelled into the storm water system to the satisfaction of the HOA or local authority (whichever has locus standi) and this shall be done within the building lines of each stand.

3.4.8 Vacant stands must be kept clean to the satisfaction of the Association. Owners are responsible to forthwith remove rubble dumped on their erven even if dumped by others.

3.4.9 Should an owner or occupant fail to comply with any of the above rules, the Association is entitled to do the necessary work, alternatively to have same done, and to claim its fair and reasonable costs to do the work from the owner or occupant, together with interest at the prescribed interest rate. Furthermore, the Estate Manager is entitled to impose a fine as stated above should an owner or occupant fail to comply with any of these rules.

3.4.10 Residents are encouraged to pick up litter encountered in pastures and conservation areas, even if not caused by them.

3.4.11 Residents should maintain a high standard of garden frontage and kerbside maintenance. Kerbside lawns must be kept short and neat and the edges trimmed.

3.5 INDEMNITY

The residents' use of the open space areas and sidewalks is at all times entirely at their own risk. Every member of the HOA hereby waives any right he/she may obtain against the HOA to claim any loss or damage suffered by virtue of damage to or loss of property or the personal injury or death of the member or his family or invitees occasioned while anywhere in the Estate. Every member hereby indemnifies the HOA against any such claim made by the member's spouse, child, parent, servant, guest, invitee or tenant. This indemnity will extend to damage or injury caused by domestic animals owned by any member of the HOA.


3.6 BUILDING DESIGN GUIDELINES AND STANDARDS

3.6.1 This subject matter is dealt with in detail the Building Design Guidelines and Standards (mainly in Chapter 5).

3.6.2 All buildings and building plans shall comply with the Building Design Guidelines and Standards prepared by the HOA and applicable to the Estate. Before building work commences plans must be approved by the Southdowns HOA Building Committee. This applies to any additions and alterations to existing structures.

3.6.3 The Building Design Guidelines may be amended, added to or detracted from by the HOA.

3.7 GOOD NEIGHBOURLINESS

General

3.7.1 Residents are encouraged to promote good neighbourliness by engaging where possible with other residents in a non-confrontational manner. Depending on the severity of the transgression, the Estate Manager may decide to intervene and mediate only after it can be shown that an effort was made by the complainant to address issues of annoyance or breach directly with the offending party. As such the rules on good neighbourliness are also there to guide self-regulation by the community.

Noise

3.7.2 No activity which reasonably causes aggravation or nuisance to other owners may be conducted (or omitted), including but not limited to auctions and jumble sales.

3.7.3 The volume of music or electronic instruments or other sources of noise should be restricted to an acceptable level and should take place in such manner and at such times and at such place as not to cause unreasonable discomfort to adjoining properties.

3.7.4 The use of power saws, lawn mowers (electric mowers are preferred), and other machines which generate noise may only be undertaken between the following hours:

(a) on Mondays to Saturdays: 07h00 -18h00 and

(b) on Sundays only between 08h00 -12h00.

Washing

3.7.5 Washing may only be hung on lines effectively screened from the street and from neighbouring properties and not anywhere else such as from windows or balconies.

Servicing of Vehicles

3.7.6 Maintenance of and/or work done to vehicles must be conducted out of sight from streets and neighbours and shall not cause disturbance to neighbours. The same applies to servicing of and/or maintenance of any other internal combustion engine, aircraft, boat and the like.

Refuse

3.7.7 Refuse removal from the property is the responsibility of the resident.

3.7.8 Residents will comply strictly with official or HOA time tables and/or prescriptions for rubbish removal from the property and will place their refuse containers in demarcated areas for removal during indicated times. Refuse containers will not be placed on such areas at an unreasonable time before the removal. Refuse bins shall be removed from sight as soon as possible after collection of the refuse.

3.7.9 Garden refuse may not be placed on pavements or the kerbside, excepting for immediate (within four hours) removal.

3.7.10 No garden or other refuse or rubble may be dumped on any empty stand or open space.


The HOA may levy a “major violations” fine in accordance with section 2.4.2 for the breach of this rule per incident for the breach of this rule as well as recovering the cost of removal.

3.7.11 Refuse may never be burnt. The HOA may levy a “major violations” fine in accordance with section 2.4.2 for the breach of this rule

3.7.12 Residents are required to make use of the recycling service that is managed by the HOA on behalf of all residents at no extra charge.

Fireworks and Firearms

3.7.13 No fireworks may be set off within the boundaries of the Estate. No firearm may be discharged within the Estate. The HOA may levy a “major violations” fine in accordance with section 2.4.2 for the breach of this rule.

Business Rights

3.7.14 No activity may be conducted which conflicts with the prevailing Centurion Town Planning legislation regarding residential erven or current Tshwane Town Planning Regulations.

3.7.15 No business may be conducted from properties within the Estate without the prior written permission of the HOA board. The Estate Manager does not have the authority to allow or approve any such business activities.

3.7.16 A Member wishing to conduct business from his property must apply via the Estate Manager to the board of the HOA. The board’s decision in this regard will be final and binding and not subject to appeal. Re-application by the same Member for materially the same right will only be entertained in the event of additional information being submitted and/or circumstances having changed materially.

3.7.17 Without binding the HOA it is recorded that amongst others they will consider the following criteria in considering an application, namely:

a) Whether the business will probably cause an undue increase in the number of vehicles in the Estate;

b) Whether the business will generate undue noise;

c) Whether the business will have an adverse effect on neighbouring properties;

d) Whether the business will compromise security or increase the risk of criminal activities;

e) Whether the business will be beneficial to the general character and nature of the Estate;

f) Whether the business will require additional construction work to be carried out on the property and what the effect of this will be on neighbours;

g) Whether the owners of neighbouring properties favour the application or not;

h) Whether adequate parking will be available;

i) Such other matters as the Board may consider relevant;

j) It is specifically recorded that the establishment of guest houses or part-time rental or paid guest accommodation in the Estate is not permitted.

3.8 TRAFFIC RULES AND SPEEDING

3.8.1 The speed limit on roads is 40 km per hour. Save as specifically provided otherwise in this Code of Conduct and Estate Regulations, the Gauteng Road Traffic Ordinance and all other statutory or other legal provisions shall apply to the Estate roads as if they were public roads.

3.8.2 The Estate Manager may appoint a registered official to monitor speeding transgressions and issue fines on his/her behalf.


3.8.3 The Estate Manager may also issue fines for speeding by using certified and calibrated speed monitoring devices fitted with cameras as approved by the HOA Board.

3.8.4 The Estate Manager or nominated representatives may issue fines for general traffic offences such as driving recklessly, lack of consideration for other road users (such as pedestrians and cyclists), cutting corners at traffic circles and failing to stop at designated stop signs and pedestrian crossings.

3.8.5 The HOA will levy fines for transgression of Traffic Rules and Speeding in accordance with section 2.4.2 and in accordance with the procedures as adopted and communicated with Members from time to time.

3.9 SECURITY

General

3.9.1 Security personnel shall not be abused under any circumstances, but shall be supported in the carrying out of their functions. Owners are requested to treat the security personnel in a co-operative and courteous manner.

3.9.2 Security rules and protocol at the gates and elsewhere in the township shall be adhered to at all times. Under no circumstances shall residents or any person other than security personnel, Directors or authorised personnel be allowed into the gatehouses or security offices.

3.9.3 Any identity card and /or access control system to be introduced by the HOA (which may change from time to time) for permanent workers, temporary workers and contractor representatives must be diligently enforced by every owner with regard to people in his/her employ or contracted to him. No resident, visitor and any other category of employee may enter the Estate without being issued with the requisite authorization.

3.9.4 A maximum of 10 (ten) persons per stand are allowed to be registered on the access control system. A member is to motivate the reason should he / she require more than 10 (ten) people to be registered on the access control system. The motivation will be considered and additional registrations may be approved at the discretion of the Estate Manager. The cost per additional registration will be R100.00 (to be adjusted annually). The Estate Manager may also recover access costs per use for additional registrations in accordance with the total costs to the HOA including administration and overheads.

3.9.5 The HOA reserves the right to charge a once-off registration fee to the contractor of a new building site to offset the cost incurred by the HOA to register and grant access to the contractor and labourers. This right also applies to members.

3.9.6 Owners are obliged to request visitors, trusted individuals and or invitees to adhere to the security protocol and may not use access cards or pre-booked codes belonging to or intended for another person.

3.9.7 Owners are obliged to ensure that contractors in their employ adhere specifically to the Building Contractors Code of Conduct and security protocol.

3.9.8 All security related incidents shall be reported immediately to the control room and/or the Estate Manager.

3.9.9 Except for the Board of Directors or their appointed representatives, no other person or security personnel shall authorize a deviation from the security policies and procedures (which covers all operational aspects for access/ egress control, movement on the estate and emergency procedures).

3.9.10 Any security system installed by an owner must be approved in writing by the Estate Manager so as to ensure compatibility with the estate security system and effective link-up of alarm systems to the Estate Control Room. Residents are not allowed to utilise the services of “external” armed reaction units.

3.9.11 The township will be manned 24 hours a day by such security personnel as the HOA may determine. The Estate will be patrolled on a random basis by security officers.


3.9.12 No electric fences may be erected inside the estate boundary.

3.9.13 Security, in conjunction with residents residing along the electrified boundary fence, shall keep the fence clear of any vegetation or obstructions. Residents shall advise their visitors, employees, contractors and minors of the dangers pertaining to such electric fences.

3.9.14 No resident may issue instructions or countermand the standing instructions issued to security personnel.

3.9.15 Visitors, contractors, employees, delivery vehicles (people not registered on the access control system) will be requested to produce a valid ID Document or RSA drivers licence upon arrival, failing which such may be refused entry. New residents are requested to contact the HOA offices to arrange registration with security for access control to the Estate.

3.9.16 No resident is allowed to have a night watchman on his premises during or after building operations.

3.9.17 Residents are requested to inform the estate manager if they will be away from their premises for a period of longer than four days.

3.9.18 Residents are obliged to furnish details of persons temporarily occupying their premises during their own absence.

3.9.19 Owners of properties bordering on the estate boundary or on a pasture erf are obliged to ensure that an area of at least 1,5 metres wide is available on the inside of the boundary for the HOA or its servants to have access or inspections and/or carrying out repairs to electric fences and so forth. The residents shall keep that area clear of obstructive trees, shrubs and plants, etc.

3.9.20 Members shall comply with the Security Protocols and other directives as published from time to time relating to security issues (including but not limited to access /egress control), monitoring and supervision of staff, safety precautions (including with respect to children, pets and vehicles, etc), fire prevention and control. Without limiting the meaning of the aforegoing, such measures are necessary from security and a security related perspective to implement the orderly management and control of the Estate and the Safety and Security of persons and property. These security protocols (policies and procedures) which shall be delivered to the members shall be considered, to the extent that same contain any obligations and or restrictions to be part of these rules.

3.9.21 No resident or his visitors, contractors, employees shall make or be party to making of any false alarm.

3.9.22 Deliberate obstruction of access or egress to and from the Estate is strictly prohibited.

Visitors

3.9.23 Visitors shall produce valid identification and receive a visitor’s slip with an access code upon entering the Estate and shall enter the same code upon leaving the Estate. Visitors shall comply with the instructions of the security personnel at the gate.

3.9.24 Residents are requested where possible to advise security in advance of large groups of visitors by contacting the control room or Estate Manager with the relevant particulars.

Other Visitors

3.9.25 Prospective purchasers of properties in the townships will only be allowed into the Estate if accompanied by an agent from Southdowns Estate Agency (Pty) LTD or the registered owner of the property.

Taxis

3.9.26 Taxis or similar vehicles will only be allowed into the Estate if the resident has made prior arrangements with the security personnel and followed the access control procedures accordingly.

Domestic Employees, their Spouses, Gardeners and so forth


3.9.27 Permanent domestic employees and their spouses and gardeners will be registered on the access control system and issued with identification. All such employees, their spouses and gardeners must be registered with the Security registration department before being allowed entrance to the Estate.

3.10 PETS

The undermentioned provisions relating to pets should be read and understood in conjunction with the vision pertaining to eco diversity. In the Estate, pets have to be well controlled so as not to be a nuisance to others or negatively impact on the eco-diversity of the estate.

3.10.1 The local authority bylaws relating to pets are applicable and will be strictly enforced.

3.10.2 Without the written approval of the HOA no person may keep more than two dogs and two cats on a property. The HOA may levy a “major violations” fine in accordance with section 2.4.2 for the breach of this rule.

3.10.3 No pigeons, aviaries, wild animals or livestock may be kept on the Estate without the written approval of the HOA. The HOA may levy a fine in accordance with section 2.4.2 for the breach of this rule.

3.10.4 Pets are not allowed to roam the streets or to enter the pastures and livestock migration routes on the Estate and if they do, they may be removed by or at the behest of the Estate Manager without prior notice to the owners and be handed to the municipal pound or the SPCA. The HOA may levy a fine in accordance with section 2.4.2 for the breach of this rule.

3.10.5 Pets must be walked on a leash in public areas. The HOA may levy a fine in accordance with section 2.4.2 for the breach of this rule.

3.10.6 Cats shall wear bells carried around their necks to alert birds to their presence. Any cat found without such bells may be removed on behalf of the HOA and impounded. The HOA may levy a fine in accordance with section 2.4.2 and recover the costs of impounding the cat for the breach of this rule.

3.10.7 Should any excrement be deposited in a street or other public area, the owner of the pet shall immediately remove it. The HOA may levy a fine in accordance with section 2.4.2 for the breach of this rule.

3.10.8 Every pet must wear a collar with a tag indicating the name, telephone number and address of its owner. Stray pets without identification tags will be handed to the Municipal Pound. The HOA may levy a fine in accordance with section 2.4.2 and recover the costs of impounding the pet for the breach of this rule.

3.10.9 The HOA reserves the right to have a pet destroyed or removed should it become a nuisance within the estate. The HOA have unfettered discretion in this regard, but will not exercise the said right without first having directed a written notice to the owner furnishing details of the complaint and of the complainant and affording the owner a reasonable opportunity to eliminate the cause of the complaint.

3.10.10 The barking of dogs is a particular problem in Residential Estates thus the HOA may after receipt of a written complaint order that the Home Owner to take remedial action or remove the dog from the Estate.

3.10.11 All cats must be neutered.

External Gates

3.10.12 Residents living on property adjacent to the river or pasture erven may not install a gate or any other form of access to the river or pasture erven.


3.11 CONDITIONS INCORPORATED IN TITLE DEED

The following provisions (amongst others) should have been or should be contained in the sale agreement in terms of which members purchase their properties in the township/s. To the extent that that did not or does not happen the provisions are hereby imposed on all members of the company and the HOA is given the right to have the provisions incorporated in the title deeds of all members whose title deeds do not contain them:

3.11.1 The property is sold subject to the following provisions which may be embodied as provisions in the title deed of the property in a form as may be required by the Registrar of Deeds.

(i) The owners of the property or any interest therein or any unit thereon (as defined in the Sectional Titles Act) shall not be entitled to transfer it without the prior written consent of the HOA.

(ii) The owner of the property or any sub-division thereof or of any interest therein or of any unit thereon (as described in the Sectional Titles Act), shall automatically on receiving transfer of the relevant property or unit become and shall remain a member of the Association and be subject to its constitution until he ceases to be an owner. Neither the erf nor any subdivision thereof nor any unit thereon shall be transferred to any person who has not bound himself in writing and otherwise to the satisfaction of the HOA to become a member of the HOA.

(iii) Furthermore, deeds of sale in terms of which owners purchase erven in the townships contain other provisions which must be incorporated in title deeds.

3.12 LEVIES

3.12.1 Any amount due by a member to the HOA in the form of a monthly levy or special levy shall be a debt due by him to the HOA. The obligation of the member to pay a levy shall cease upon his ceasing to be a member of the HOA without prejudice to the HOA's right to recover arrear levies. No levy paid by a member shall under any circumstances be repayable by the HOA upon the member ceasing to be a member. A member's successor in title to an erf shall become liable upon the date upon which he becomes a member pursuant to the transfer of the erf into his name, to pay the levy attributable to that erf. No member shall be entitled to transfer his erf to any transferee until the HOA shall have certified in writing that the outgoing member has as at the date of transfer paid all amounts owing by him to the HOA (not only in respect of levies). This condition may become a title condition of erven in the townships.

3.12.2 The monthly amount levied by the HOA will be sufficient to cover the total operating costs of the Association which will include but not be limited to the cost of and pertaining to:

(i) Electricity / gas and water consumed in respect of common areas;

(ii) The operation of the security fences, wall and entrances;

(iii) Maintenance; reparation and replacement of and payment of rates and taxes in respect of property belonging to the HOA, such as the erven on which the entrance/s are situated and the improvements on them;

(iv) Maintenance; reparation and replacement of the security walls / fences and the employment of security personnel;

(v) Social membership fees of the Irene Country Club;

(vi) Any rates and taxes and other expenses payable in respect of the pasture erven defined below;

(vii) The cost of maintaining the engineering and other services in the Estate;

(viii) Fees relating to the management of the HOA and the Estate by Southdowns


Management Services (Pty) LTD;

(ix) And for such other purposes as the Memorandum of Incorporation of the HOA may prescribe.

3.12.3 In addition to levies the HOA recovers, from the members, charged levied for, inter alia, water, electricity and gas on behalf of the various service providers and these charges form part of the member’s indebtedness to the HOA.

3.12.4 The owner shall not be entitled to attend or vote at any meeting of members of the HOA nor be a director of the HOA nor use any facility established in the Estate, while any amount due to the HOA is in arrears.

3.12.5 The HOA is entitled to publish the names of members whose levies are in arrears.

3.12.6 Arrears of levies or other debts due by members to the HOA shall bear interest from the date upon which the debt became due to the HOA until the date upon which it is paid at a rate which at all times and from time to time will be equal to 2% (Two percent) more than the publicly quoted rate of interest (Prime) charged by ABSA Bank on unsecured overdrafts to its most favoured customers. In the event of a dispute concerning that rate it will be proved by a certificate given by any manager of any branch of the said bank and it will not be necessary to prove the appointment of the said person to the said office.

3.12.7 Any amount levied by the HOA on members is a debt due to the HOA. Levies are payable monthly in advance by not later than the first day of each and every calendar month.

3.13 NOTICES

Any written notice addressed to an owner or occupant at the property owned or occupied will be deemed to have been received and its contents to have come to the addressee's notice if:

3.13.1 It is delivered at the property to any person seemingly in occupation of the property and seemingly fourteen years of age or older; or

3.13.2 It is attached to or placed under or on what appears to be the main entrance door to the premises; or

3.13.3 It is posted by prepaid registered mail to any postal address of which the owner may have advised the HOA in writing, then fourteen days after posting thereof in Pretoria.

3.13.4 It is send by email to any email address, of which the owner may have advised the HOA in writing, then four days from sending the email to the owner,

3.14 SALES AND LEASING OF PROPERTY IN THE ESTATE

3.14.1 The owner of a property in the Estate may use the services of any registered Estate Agency for the Sale or Lease of property in the Estate.

3.14.2 The owner must utilize the most recent sales and lease documentation which incorporates all of the conditions applicable in the Estate including but not limited to the incorporation of all title deed conditions, these Rules and Regulations; the Building Design Guidelines and Standards; the Memorandum of Incorporation of the Southdowns HOA (a Non Profit Company); the Conditions of Establishment and the Environmental Management Plan.

3.14.3 A clearance certificate must be obtained from the HOA at a cost determined by the HOA (which amount may be adjusted from time to time at the discretion of the HOA) prior to any transfer and prior to occupancy by any lessee. The HOA may withhold the certificate until all amounts due to it in respect of the property or by the owner of the properties have been paid and until it has been furnished with a written acknowledgement by the


purchaser or tenant that he has received and read and binds himself to these rules in which ever form the HOA may prescribe.

3.14.3.1 Re-Sale Agreements

(i) Homeowners' Association

The purchaser acknowledges that upon registration of the property into his name, he automatically becomes a member of The Homeowners' Association and hereby subjects himself to the provisions of the Memorandum of Incorporation of the HOA and to this Code of Conduct and Estate Regulations. The rules become applicable to the owner on the date of transfer of the property to the owner.

(ii) Conditions of Title

The seller shall be entitled to procure that, in addition to all other conditions of title, the following conditions of title be inserted in the title deed, in terms of which the purchaser takes title to the property:

(a) "Every owner of the erf who has any interest therein or any unit thereon, (as defined in the Sectional Titles Act) shall upon registration of the property in his name, become a member of the Homeowners' Association and be subject to its constitution until he ceases to be a registered owner, provided that the Association’s rules shall become binding upon the owner on the earlier of the date on which he occupies the property or the date on which it is registered in his name. Neither the erf nor any subdivision thereof or any interest therein nor any unit thereon, shall be transferred to any person who has not bound himself to the satisfaction of the Association to become a member of the Association on registration of transfer of the property in his name."

(b) "A member shall not be entitled to transfer any erf or any subdivision thereof or any interest therein or any unit in a sectional title scheme, without a clearance certificate from the Homeowners' Association that the provisions of the Memorandum of Incorporation of the Homeowners' Association to the effect that the seller is in compliance with all the provisions of the Memorandum of Incorporation and of these rules."

(c) "The member undertakes to commence with the erection of buildings on the property to the reasonable satisfaction of the HOA within 18 (eighteen) months of the date of registration of the property into the name of the first person who received transfer thereof from the developer or within such extended period as the HOA at its sole discretion may allow in writing.

The buildings shall be completed within 30 (thirty) months of the said date of first transfer of the property from the developer. The HOA may levy a monthly fine equal to two times the monthly HOA levy. For purposes of this clause it is agreed that the buildings to be erected shall comply with the definition of a dwelling house below in this clause and it is recorded that the definition places a minimum size on the dwelling house to be erected on the property. Furthermore, the dwelling house to be erected on the property will only be deemed to be completed once a certificate of occupation in respect thereof is issued by the Local Authority. For purposes of this clause a “dwelling house” shall measure not less than 140 square metres (excluding outbuildings and garages) (as calculated for bulk purposes in the relevant town planning scheme) and it shall consist of not less than one kitchen, one bathroom/toilet, one dining room/lounge and two bedrooms.

(d) "For purposes of the abovementioned clauses the term "Homeowners' Association" it is a reference to the Non Profit Company registered in terms of the Companies Act of 2008 to operate as a home owners association in respect of the Irene Extensions 52, 147 to 159 townships.”

(e) “In the event of the Registrar of Deeds requiring the amendment of any of the above conditions in any manner in order to effect registration of same, the purchaser hereby agrees to such amendment.”

3.14.3.2 Lease Agreements

Lessees or other occupants of properties in the township and their family, visitors and


servants become bound to these rules on occupation of the property and shall adhere to the rules and regulations as contained in this document. Regarding breaches of these rules, reference is made to the Introduction to these rules above in terms of which a breach of any rule by a lessee or other occupant who derives his occupational right from an owner shall be deemed to be a breach by the owner as well.

3.15 RIGHT OF HOA TO GAIN ACCESS TO BOUNDARY WALL(S) I FENCES

Each erf situated on any boundary of the township will be made subject to the HOA’s right to have the boundary wall and/or fence of the township erected on the erf. The erection thereof will be done in such a way as to ensure the minimum encroachment onto the erf, but the specification and dimensions of the wall or fence are in the discretion of the HOA, provided the height and width thereof are reasonable, bearing in mind the security purpose thereof. The HOA are entitled at all times to enter upon the relevant erven in the Estate on which the security walls and/or fences is/are erected in order to maintain and/or repair and/or replace such wall and/or fence or to inspect them. The developer is entitled to have this provision registered as servitude over the relevant erven in favour of the HOA.

3.16 RULES RELATING TO CONTRACTORS' ACTIVITIES

Building activity in the estate has to occur with the least possible disruption to residents. Owners are obliged to ensure that all contractors providing building services sign a Contractor's Code of Conduct prepared by the HOA which must be handed to the Association before work commences and in which they undertake to strictly adhere to the stipulations thereof. The rules will be comprehensive and will be rigidly enforced. They will cover, inter alia, the following aspects, but may pertain also to other matters:

(i) Times of the day during which construction may take place.

(ii) Receipt and/or storage of building materials.

(iii) Prohibition that building materials may be stored, even temporarily, on pavements, rubbish disposal and the prohibition against placing any building rubble on pavements.

(iv) Access for deliveries.

(v) Staff ingress to and egress from the townships.

(vi) Staff toilet facilities.

(vii) General behaviour of staff.

(viii) Builders’ boards.

(ix) Infrastructure protection.

(x) Limitation of number of building contractors allowed to operate in the estate.

(xi) Damage repair.

(xii) Environmental control.

(xiii) Required adherence to the latest Construction Regulations as part of the Occupational Health and Safety Act of 1993.

(xiv) Sanctions for breach of rules.

(xv) Monitoring of construction activities in accordance with approved building plans.

(xvi) Such other matters as the developer deem to be in the interest of the general body of owners in the townships.

3.17 VICARIOUS LIABILITY

The owner or other permanent occupant (such as a lessee) of a property in the townships will be deemed to be in breach of a provision of these rules if such rule is breached by any party who


occupies or visits the property through the owner.

3.18 ADVERTISEMENT AND OTHER BOARDS

3.18.1 Name boards placed outside of properties must first be approved by the Estate Manager. It is agreed that such boards shall be neat and conservative. The Estate Manager will have discretion with regard to the size and format of the board and also the material used.

3.18.2 No advertisement boards will be allowed on the Estate or on the perimeter wall of the Estate or at the entrance to the Estate.

3.18.3 No advertisement boards by Estate Agents will be allowed in front of or on properties for sale.

3.19 FINES

The Association has the right to levy a fine on any member or other occupant who is in breach of any of the Association’s rules. The Association is entitled to collect such fine as a debt due to the Association. Any fine imposed by the Association shall be deemed to be reasonable unless the contrary is proved. The Association’s right to levy a fine is without prejudice to any other right which it has in the event of a breach of these rules such as, but not limited to, the obtaining of an interdict or other order of court.

3.20 ASSOCIATION’S RIGHT TO CARRY OUT CERTAIN WORK ON BEHALF OF OWNER Should an owner or occupant fail to comply with any of the above rules in the sense that it fails to carry out any necessary work or to have it done, then the Association, albeit through the estate manager or any other representative, will be entitled to carry out the necessary work and to claim payment of its expenditure from the owner or other occupant together with interest at a rate which from time to time is equal to the publicly quoted prime rate of interest charged by the Association’s bankers (or any one of them) on unsecured overdrafts to the general public plus 2% (Two percent) (the “agreed interest rate”). In the event of a dispute as to the said interest rate it will be proved by a certificate given by any manager of any branch of the said bank and it will not be necessary to prove the appointment of the manager to the said position.

3.21 DISPUTE RESOLUTION In the event of a dispute between the Association and any member with regard to the meaning or effect of any rule or the question whether any rule has been breached or whether any sanction (including a fine) imposed by the Association in respect of the breach of a rule is reasonable, the dispute will be submitted to arbitration, mutatis mutandis, in accordance with the provisions of Articles 7 & 8 of the Memorandum of Incorporation of the HOA.


Appendix A: Sections 7 and 8 of the Memorandum of Incorporation

7. RULES

7.1. Subject to the provision of Article 7.2, Section 15(3) and 15(4) of the Companies Act

and to any restriction imposed or direction given at a general meeting of the

Company, the Directors may from time to time make, and from time to time amend,

substitute or add to the Rules of the Company in respect of its main objects, any other

necessary Rules and:

7.1.1. Rules governing the design and aesthetic control of any building improvements

to be erected on Property in the Estate. The Southdowns Building Design

Guidelines and Standards dated August 2005 along with addendums one (1) to

six (6) – are currently in effect.

7.1.2. Rules governing the conduct of Members, their families, lessees, visitors,

guests, occupants of their dwellings, contractors, employees and friends to

ensure the security and safety of the Property and all persons thereon. The

Southdowns Estate Code of Conduct dated 1 May 2005 is currently in effect.

7.1.3. Rules governing access to the Estate by owners, visitors, contractors and other

invitees. The Southdowns Contractors Cooperation Agreement and the

Southdowns Estate Code of Conduct dated 1 May 2005 applies.

7.1.4. Rules governing the determination and recovery of connection fees and

charges for water, sanitation, electricity, gas and telecommunication services.

The Southdowns Management Services (Pty) Ltd residential supply agreements

for gas and electricity apply for energy supply. The Company residential water

supply agreement applies for water and sanitation.

7.1.5. Notwithstanding the aforementioned the Directors, may not effect any changes

which materially change the intention or application of the Rules without a

resolution at either a special or general meeting of Members. This article


particularly relates to the Building Design Guidelines and Standards in 7.1.1

above.

7.2. For the enforcement of any of the rules made by the Directors in terms hereof, the

Directors may:

7.2.1. take or cause to be taken such steps as they may consider necessary to remedy

the breach of the rule of which the Member may be guilty (including, without

limiting the generality of the aforementioned, summarily terminating the

supply of services to the Member’s Property), and debit the cost of so doing to

the Member concerned, which amount shall then be deemed to be a debt

owing by the Member concerned to the Company; and/or

7.2.2. take such other action, including court proceedings, as they may deem fit.

7.3. In the event of any breach of the rules by the Members of any Member’s household,

or his guests, or lessees, such breach shall be deemed to have been committed by the

Member himself, but, without prejudice to the aforementioned, the Directors may

take or cause to be taken such steps against the person actually committing the

breach as they in their discretion may deem fit.

7.4. In the event of any Member disputing the fact that he has committed a breach of any

of the rules aforesaid, a committee of three (3) Members, appointed by the chairman

of the Company, shall adjudicate upon this issue summarily at such time and in such

manner and according to such procedure as the chairman may direct.

7.5. Notwithstanding the aforementioned, the Directors may in the name of the Company

enforce the provisions of any rules by proceedings in a court of competent jurisdiction

and for this purpose may appoint such attorneys and counsel as they may deem fit.

7.6. It shall be the duty of the manager, or such other person or body as may be

empowered by the Directors, to ensure compliance by the Members with the rules,

and to this end to issue such notices or do such things as may be necessary or

requisite.


7.7. Each Member undertakes towards the Company that he shall comply with any rules

made in terms of this Article 7.

7.8. If the Directors pass a resolution to include, amend or delete (“change”) a rule or fine,

they must deliver notice of the inclusion, amendment or deletion of the rule or fine to

the Members of the Company.

7.9. Any change to the Rules becomes effective on the date specified in the notice, which

may not be less than seven (7) days after notice of the change was delivered to

Members.

7.10. The Directors shall be indemnified by the Members in respect of any action

performed in proper pursuit of the rules.

8. COMPANY’S POWER TO ENFORCE ITS RULES

8.1. If a Member or Resident or any person for whom a Member or Resident is

responsible, has broken the Rules of the Company, the Directors may:-

8.1.1. give notice to the Member or Resident concerned which requires him to rectify

the breach or make payment of any amount claimed by the Company, within

such reasonable period as the Directors may decide; and/or

8.1.2. take or cause to be taken any steps as may be considered necessary to rectify

the breach of the rule that the Member or Resident may be guilty of breaching,

or recover the debt, and recover any costs of doing so from the Member or

Resident concerned, which amount shall be deemed, without the necessity of

taxation or debate, to be a debt owing by the Member.

8.1.3. enter the Member’s Property to take any steps necessary to remedy the

breach; and/or


8.1.4. impose a system of fines or other penalties, and/or

8.1.5. take such other steps including proceedings in Court, as they deem necessary.

8.2. The Company may sue its Members to recover fines.

8.3. If the Company takes legal steps in any form against a Member or resident, the

Company may recover its costs from the Member on the attorney and own client

scale.

8.4. If a Member disputes a fine, the Member should notify the Directors in writing, within

a reasonable period of receiving notice of the fine. For this clause, notice by a

Member must be given at the Estate office and must be signed for.

8.5. The Board of Directors must appoint a complaints committee consisting of no less

than three (3) Members to examine the Member’s complaint, and to decide, by

whatever procedure, incorporating the rules of natural justice, as they may see fit,

whether or not the fine should be imposed, or other steps taken.

8.6. If possible, the decision of the complaints committee must be made within fourteen

(14) days of receipt of the Members’ notice of dispute.

Documents

CODE OF CONDUCT AND ESTATE REGULATIONS Code...3.3.3 Caravans, trailers, boats, tool sheds, equipment, tools, washing lines, engine and vehicle parts as well as accommodation for pets