FLEETWOOD ESTATEfleetwoodestate.co.za/Documents/Rules.pdf · 5.4. Carports and patios must harmonize with and be of the same material as the dwelling, namely Georgian with a brick-corbelled

Company Registration Number 98/00008/08

FLEETWOOD ESTATE

HOME OWNERS ASSOCIATION

Managing Agent: Cluster Consultants & Administrators cc Honeywood Park Humber Street Woodmead Rivonia Tel: (011) 807-5055 Fax: (011) 807-5058

FLEETWOOD_ESTATE_HOMEOWNERS_ASSOCIATION_RULES_-_2014 FINAL

Approved at AGM of 27TH

FEBRUARY 2014 Page 2 of 13

CONDUCT RULES

UPDATED FEBRUARY 2014

CONTENTS

1. INTRODUCTION.............................................................................................................................................. 3

2. USING OF THE STREET .................................................................................................................................... 3

3. GOOD NEIGHBOURLINESS .............................................................................................................................. 3

4. ENSURING A PLEASING STREETSCAPE ............................................................................................................. 4

5. ADHERING TO ARCHITECTURAL STANDARDS .................................................................................................. 5

6. ENVIRONMENTAL MANAGEMENT .................................................................................................................. 6

7. SECURITY ....................................................................................................................................................... 6

8. ACCESS CONTROL........................................................................................................................................... 7

9. TENANTS, VISITORS, CONTRACTORS AND EMPLOYEES .................................................................................... 9

10. RESELLING PROPERTY ................................................................................................................................ 9

11. PETS ........................................................................................................................................................ 10

12. SLAUGHTERING OF ANIMALS FOR CULTURAL, RELIGIOS OR OTHER PURPOSES. ........................................ 10

13. ADMINISTRATION .................................................................................................................................... 11

14. CONCLUSION ........................................................................................................................................... 12




1. INTRODUCTION

1.1. Happy and mutually satisfying community living is achieved when residents use and enjoy their private

property, as well as the public areas of the Estate, in such a manner that they show respect for the rights

of other owners and/or persons lawfully in the Estate, to use and enjoy such facilities. Compliance with

these rules and the general consideration of all residents for each other will greatly assist in achieving a

happy community.

1.2. To assist in this aim, these Conduct Rules have been established by the Board of Trustees in terms of the

Articles of Association of the Home Owners Association (hereinafter referred to as the HOA). They are

binding on all residents. Purchasers and Owners are responsible for ensuring that members of their

families, their tenants, employees and invitees comply with these rules.

1.3. In the event of annoyances or complaints, the involved parties must attempt to settle the matter

between themselves, exercising tolerance and consideration. In instances where problems cannot be

resolved, the matter may be brought, in writing, to the attention of the Trustees of the Fleetwood Estate

HOA for settlement.

1.4. In respect of the interpretation of these rules, the decision of Trustees of the Fleetwood estate HOA is

binding and final.

2. USING OF THE STREET

2.1. The streets of the Estate are for the movement of all residents, whether it is by foot, bicycle, motor cycle

or car. Note that cars are considered to be part of the street environment, but not necessarily the

dominating factor.

2.2. Speed limit is restricted to 20km per hour. This restriction is for the safety of our children and pets.

2.3. The streets within the Estate are public streets and are subject to the Road Traffic Act 29/1989 and all

local authority bylaws.

2.4. Parents are responsible for their children’s conduct within the Estate.

2.5. Engine powered vehicles are not allowed to drive anywhere except on the streets of the Estate. Parks

and pavements are off limits.

2.6. Parking on grassed pavements is not permitted unless it is the pavement directly outside the resident’s

home and the resident has given permission to the driver.

2.7. Owners are permitted to place white painted cement balls – not more that 40cm high - along their verge

to prevent parking on the verge.

2.8. Parking in a manner which obstructs traffic or the entrance to neighbouring properties is prohibited.

3. GOOD NEIGHBOURLINESS




3.1. No business activity or hobby, which would cause aggravation or nuisance to fellow residents, may be

conducted, including auctions and jumble sales.

3.2. The volume of music or electronic instruments, human partying and domestic help should be limited to

such a level so as not to be heard on the adjoining properties. Noise by pets should be controlled. (See

Pets)

3.3. Workshop activity, engine turning and lawn mowing should only be indulged in between the hours of

08H00 and 18H00 during weekdays and 09H00 and 15H00 on Saturdays and Public Holidays (electric

mowers are preferred). No noisy machinery may be used on Sundays.

3.4. Lawn mowing may be allowed on Sundays between 10am and 12md.

3.5. Washing should only be hung on lines screened from the street and neighbours. Please do not hang

washing on your burglar bars, walls etcetera.

3.6. Refuse must be placed in the Otto bins provided by the council and may not be placed on the pavement,

except on removal days (Monday’s). Please make sure it is placed outside your own entrance gate.

Refuse bins should not be put out before 6pm on a Sunday. Ensure you collect the correct bin after

refuse collection. Residents are encouraged to make use of the recycling service (when on offer) in which

case, designated recycling bags must be placed outside your own unit.

3.7. No advertisements or publicity materials may be exhibited or distributed without the consent of the

Trustees of the HOA.

3.8. Car alarms and house alarms should have a cut off noise level after 2 (two) minutes.

3.9. Please be considerate when watering your garden that it does not soak your neighbour’s property.

3.10. Hooting: All residents must have a remote control. It is not the guard’s duty to open the gate for

you. Please do not hoot at the gate

3.11. Car engines should not be revved as this is a noisy disturbance to neighbour’s.

3.12. Washing of vehicles may be done on the road / driveway. Please ensure soapy water is cleared away

and does not damage your neighbours’ grass verges.

3.13. Illegal activities will not be tolerated in the Estate. Should the Trustees become aware of any illegal

activities, these will be reported to the appropriate authorities. In the event that an owner or tenant

is convicted of an offence, which has or has the potential to affect the HOA, the Trustees will in their

discretion take appropriate action to prevent the continuance of this illegal activity.

4. ENSURING A PLEASING STREETSCAPE

4.1. The collective pride of the Estate will depend to a considerable extent on the contribution of every

owner in doing his bit to create and maintain a neat and pleasing streetscape.

4.2. Every owner has a responsibility to the community as a whole to maintain the area between the road

surface and the walls, which screen the private areas of his property, i.e. his pavement.




4.3. Where the trustees are of the opinion that a unit of the Estate does not conform to the aesthetic

standards acceptable in the estate, the Trustees will notify the owner, who will be afforded 21 days in

which to respond in writing, outlining a program of work to address the complaint.

4.4. In the event of grass verges and shrubbery requiring cutting and general maintenance, the owner will be

given 7 days’ notice after which the work will be done by the contracted garden service, and all costs

associated with such work will be for the owner’s account.

4.5. Garden walls and the house structure form part of the streetscape and should be maintained and

painted where necessary, otherwise the Trustees of the HOA may have the wall repaired or painted (with

due notice) and the cost thereof shall be charged to the owner. All exterior and garden walls must be

painted white.

4.6. Paving and driveways must be kept in good condition. Clean and with no weeds.

4.7. All electrical and phone boxes on the pavements must be maintained and painted white where

necessary. It should be noted that the electrical box on your property is not necessarily your own or only

yours, but if it is located outside your unit it is seen to be your responsibility.

4.8. No loose electrical or telephone wires may be allowed to hang between service boxes and walls. All such

wires must be affixed to the wall in a manner consistent with relevant municipal and other rules.

4.9. Satellite dishes may be erected conditionally. They should be sited out of view of the neighbour’s

property.

4.10. Caravans, trailers, boats, Wendy houses, tool sheds, equipment, tools, engine and vehicle parts as well

as accommodation for pets should be sited out of the public view and screened from neighbouring

properties.

4.11. Building materials may not be dumped on the sidewalks under any circumstances other than with the

permission of the trustees of the HOA.

5. ADHERING TO ARCHITECTURAL STANDARDS

5.1. Building according to approved Georgian standards obviates the necessity of making costly changes at a

later stage.

5.2. All building plans must be in keeping with the established architectural style of the Estate and comply

with the approved site Estate Plan lodged with the Greater Johannesburg Transitional Metropolitan

Council and must be approved by the Trustees of the HOA at a properly constituted Board Meeting and

in writing prior to any building operation commencing. This applies equally to any additions and

alterations to existing structures.

5.2.1. The area under cover may not exceed 50% of the stand size;

5.2.2. Approval of the proposed plans must be obtained from Owners on bordering and adjacent

properties;




5.2.3. Multiple story structures are specifically prohibited both in terms of these rules and current

zoning regulations;

5.2.4. No structures, save for garages, may be built in less than 1m of any boundary and 2m from any

neighbouring structures;

5.2.5. It is the owner’s (purchasers) responsibility to ensure that all buildings are in compliance with

all HOA and local authority requirements, and that they remain liable for any deviation from the

standards set.

5.3. All garden walls must be approved by the Trustees of the HOA with regard to both material and

dimensions. Precast walls are not allowed.

5.4. Carports and patios must harmonize with and be of the same material as the dwelling, namely Georgian

with a brick-corbelled exterior facade

5.5. Materials and designs for patios, carports, driveways and temporary outbuildings must be approved by

the Trustees of the HOA. All exterior paintwork to be white to maintain the Georgian style.

6. ENVIRONMENTAL MANAGEMENT

6.1. No rubble or refuse may be dumped or discarded in any public area, including parks, pavements, over

boundary walls or streets. Such rubble or refuse may be removed by the HOA the costs of which will be

for the owners account.

6.2. Residents are responsible for any damage to road surfaces caused by contractors, including where oil

and diesel has been deposited onto the road

6.3. Flora may not be damaged or removed in any public areas. Parents are reminded that they remain

responsible and liable for the behavior of their children, employees and visitors. In the event of flora

having to be replaced, the costs thereof will be for the owners account.

6.4. Every owner must ensure that contractors in his employ adhere specifically to such building control and

environmental management stipulations as may be laid down by the Trustees of the HOA, especially

w.r.t starting times, allowable work days and noise levels

6.5. Residents are responsible for maintaining trees, plants and shrubs planted on their pavements by the

municipality or the Trustees of HOA. Trees planted by the HOA or municipality may not be removed or

aggressively pruned without prior written permission from the HOA Board.

6.6. Residents are expected to maintain a high standard of garden and pavement maintenance. (See 4.4

above)

6.7. Residents must ensure that declared noxious flora are not planted or allowed to grow on their verges or

entrances.

7. SECURITY




7.1. Security at Fleetwood Estate is important for you as a resident. It gives you peace of mind if you are able

to let your children safely roam the streets of the Estate, knowing that they are secure. In order for you

to benefit from a secure environment, you are required to participate in the security by notifying the

guard of any abnormal circumstances and by adhering to the security rules.

7.2. Guards must be treated with politeness and respect. Should you note the guard is not performing his

duties, please notify one of the trustees of the HOA. There is 24 hours guarding, with a security

response.

7.3. The Estate is surrounded by a perimeter electric fence. It is the responsibility of the resident to ensure

that no foliage is touching the fence as this sets off false alarms. As the estate gets more established so

do the gardens. It is the resident’s responsibility to cut their foliage away from the electric fence. It is

not the trustees’ duty. If the alarm goes off due to foliage, the trustees will switch the alarm off. That

sector will have no electric fence and the whole complex will then have no alarm which means the

guards will have no way of knowing if the fence has been intruded upon. The Security Company will also

not arrive. Therefore, the responsibility lies on your shoulders.

7.4. The complex has security measures in place, however, it is the sole responsibility of the individual

resident to ensure their home is secured against intrusion. The Trustees of the HOA cannot accept

responsibility in the event of an intrusion due to failure of the perimeter fence and/or our security

guards.

7.5. Any attempted burglary or fence jumping must be reported to immediately or as soon as possible to duty

guard and within 24 hours thereof to the Trustees.

7.6. All owners are issued with remote control devices for the gate. After the initial issue owners can

purchase additional remotes for their units – please contact the HOA in this regard. Remotes may only

be issued to bone fide residents of the estate. Remotes may only be issued to direct relatives with prior

permission of the Board. Employees entering the estate on foot, may not under any circumstances be

issued a remote control.

7.7. Guards are not permitted to open for owners without following the procedure, noted below, for any

unaccompanied entry to the property. Any person not in possession of a remote should press the

intercom and state who they are (a resident of unit “x” for example). If the guard is satisfied that the

person presenting themselves is who they say they are, they will be allowed access, after completing the

Access Register.

7.8. Any resident or visitor found hooting and or revving their engines will be strongly acted against.

7.9. Tail gating is not allowed. .

8. ACCESS CONTROL

8.1.1. If you are holding a party or a show house, and you expect a number of visitors, please notify

the guard by telephone on the day of the party or Show House, requesting Unaccompanied

Entry. Your visitors will be expected to sign in if they do not gain access via the intercom.

Please ensure your visitors are aware of the security measure and inform them of the rules

regarding speed limit and parking.




8.1.2. If you are expecting a delivery, in your absence, please notify the guard by telephone on the

day that the delivery is expected, and he will keep the delivered item at the guard house for

your personal collection later.

8.1.3. Newspaper delivery must be left at the guardhouse and the resident is to collect their

newspapers.

8.1.4. Employees of residents, who require unaccompanied entrance, will have to be “registered”,

which will include a photograph, ID Number, residential address, days that the employee is

expected to work and any other relevant information, which will be lodged with the Managing

Agents and a copy of which will be kept in the guardhouse. It is the responsibility of the

resident to ensure that employees are registered and properly identified. . It is the

employer’s responsibility to inform the HOA in writing when the services of an employee are

terminated.

8.1.5. No pedestrian will be allowed to enter the Estate if they do not have a Registration on record.

In the event that a pedestrian attempts to gain entrance to the Estate, the resident will have

to authorize his / her entry by means of the intercom system on each occasion

8.1.6. All unaccompanied visitors have to sign the visitors register, which will include the number of

occupants of a car, the registration number, time of entry and exit and the unit to which they

will be going. Please note that this is only done in the event of the owner/resident giving

telephonic notification such as for Show Houses, Parties and contractors.

8.1.7. Should you have a contract garden service, care givers or other regular services provided by a

company, please also complete a registration form, without the photograph, giving as much

detail as possible of the company, vehicle / driver etc. It is the owner’s responsibility to

inform the Managing Agent in writing when the services of the contractor are terminated.

8.1.8. Blank Registration documents will be available from the guard, Managing Agent or Trustees of

the HOA.

8.1.9. Access will be given to Telkom, meter readers, the refuse trucks and the municipality on

presentation of their company ID card or other suitable identification as being a bone fide

representative of the service provider. Private security companies will be allowed access

provided they are in a clearly marked company car.

8.1.10. Should you not be at home when a visitor comes to visit, the visitor will be denied access to

the Estate, unless you have given written instructions to the guard on the day of the expected

visit to allow access in your absence, in which case the “Unaccompanied Entry” visitors

register must be completed.

8.1.11. Please notify one of the Trustees of the HOA in writing of your telephone number and unit

number in order for this number to be logged in the intercom to enable your visitors to

communicate with you. No cellular telephone number will be allowed. To allow the visitor

access to the Estate, the guard will call you on your phone to confirm the guest.

8.2. We hope you will respect these security rules, which are in place for your safety and to

maintain a secure environment.




9. TENANTS, VISITORS, CONTRACTORS AND EMPLOYEES

9.1. In the final analysis the responsibility to enforce the Conduct Rules rests with the Owner. Should a

tenant continually transgress the Conduct Rules, the Trustees of the HOA are entitled to stop access to

his residence and expect the Owner to give notice to the tenant.

9.2. Should any owner let his property, he must advise the Trustees of HOA in advance the name of the

Lessee, and the period of such lease. The owner shall inform the Lessee of all Conduct Rules and Articles

of the company insofar as they apply and bind the lessee to adhere to such rules in terms of the lease

agreement.

9.3. The occupiers of any property within the Estate are liable for the conduct of their visitors, contractors

and employees, and must ensure that such parties adhere to the Conduct Rules. In particular please

inform guests of the speed limit and parking considerations.

9.4. Every owner must ensure that contractors in his employ adhere to such stipulations as may be laid down

by the Trustees of the HOA.

10. RESELLING PROPERTY

10.1. The concept of the Estate imposes certain restrictions on the manner in which Estate Agents may

operate in the Estate.

10.2. Should an owner what to sell his property in the Estate, an Estate Agent registered with the Estate

Agent’s Board must be selected to manage the sale. Private sales by owners shall be permitted, but

discouraged.

10.3. Such agent may only operate on a “By appointment” basis, must personally accompany prospective

buyers, and is not allowed to erect any “For Sale” or “Sold” signage boards or bunting within in the

Estate, without the permission of the Trustees of the HOA. Entry to the Estate will be allowed if the

Estate Agent has been registered by the owner and all accompanying persons complete the visitors

register.

10.4. The seller must personally ensure that the buyer and estate agent are informed about and receives a

copy of the Conduct Rules and any other administrative regulation applicable at the time.

10.5. The seller of a property in the Estate shall ensure that the sale agreement contains the following clauses:

Homeowners Association

The Purchaser acknowledges that he is required upon registration of the property into his

name, to become a Member of the HOA and agrees to do so subject to the Memorandum and

Articles of Association of such association

Conditions of Title

The seller shall be entitled to procure that, in addition to all other conditions of title and / or

subdivision referred to above, the following conditions of title be inserted in the Deed of

Transfer in terms of which the Purchaser takes title to the property.




“The Property shall not be transferred to any person who has not become a member of the

Association. Any owner of the property or any interest therein shall become and shall remain a

member of the Association and be subject to its Memorandum and Articles of Association until

he ceases to be an owner as aforesaid;”

“The owner of the property shall not be entitled to transfer of the property without a clearance

certificate from the Association that all amounts owning by such owner to the Association have

been paid.”

10.6. Please note that you may not transfer your property without a clearance certificate from the Managing

Agents certifying that all amounts owning by you to the HOA have been paid in full.

11. PETS

11.1. The municipal bylaws relating to pets will be strictly enforced.

11.2. Without the written approval of the Council and the Trustees of the HOA, no person may keep

more than 2 (two) dogs on a property.

11.3. No dogs are allowed to freely roam the streets.

11.4. Dogs must be walked on a leash in public areas. If any dog is found unleashed with / without his

owner, the Trustees of the HOA will levy a fine upon the owner of the pet.

11.5. Without detracting from the above, dogs may be walked “off the lead” by residents between 21:00

and 22:00, and 05:00 and 06:00 daily.

11.6. Should any excrement be deposited in a public area or in private properties, the immediate

removal thereof shall be the sole responsibility of the owner of the pet.

11.7. Owners must ensure that dogs are not consistently noisy and are not a nuisance to neighbours.

11.8. Every dog must wear a collar with a tag indicating the name, telephone number and address of its

owner. Stray dogs without identification tags will be apprehended and handed to the SPCA.

11.9. The Trustees of the HOA reserve the right to request the owner to remove his pet should it become

a nuisance within the Estate and to have such pet removed at the cost of the owner should such a

request not be complied with within a period of 21 days from the date of the request being made.

It should be noted that nuisance will include, inter alia:

11.9.1. Repeatedly found off their leash

11.9.2. Noise

11.9.3. Repeated fouling of verges or other public spaces

11.9.4. Dangerous or unsociable behavior

12. SLAUGHTERING OF ANIMALS FOR CULTURAL, RELIGIOS OR OTHER PURPOSES.




Slaughtering of animals for religious and cultural purposes only shall be permitted within the confines of a section

(and not under any circumstances on common property) subject to the following conditions:

12.1. At least two weeks written notice of the intended religious or cultural event requiring such ritual

slaughter shall be given to the Trustees, specifying:

12.1.1. the date and time of the proposed slaughter;

12.1.2. the type of animal to be slaughtered;

12.1.3. the name and qualifications of the person who will be carrying out the slaughter;

12.1.4. confirmation that the animal will be brought on to the premises immediately prior to the

ritual slaughter and that the carcass, and all remains of the animal, will be removed

immediately from the premises after the act of ritual slaughter;

12.2. A notice from the local authority shall accompany the above notice confirming that all by-laws

with regard to the ritual slaughter have been/will be complied with;

12.3. A notice from the health department shall accompany the above notice confirming that health

department specifications with regard to the ritual slaughter have been complied with/will be

complied with;

12.4. A certificate from the Society for the Prevention of Cruelty to Animals (SPCA) shall accompany

the above notice confirming that an official from the SPCA will be present at the proposed event

to ensure that the animal to be slaughtered will not endure unnecessary pain and suffering

during such slaughter;

12.5. Notice shall be given to all adjacent units of the date and time of the proposed slaughter;

13. ADMINISTRATION

13.1. All levies are due and payable in advance on the first day of each and every month at the offices

of the Managing Agents. For your convenience, there is a blue box in the Guard house where

levy cheques may be deposited for the managing agent’s attention.

13.2. Interest will be raised on all accounts in arrears.

13.3. A further penalty, to be determined by the Trustees of the HOA from time to time, will be

imposed on any accounts unpaid after 60 days. The Trustees of the HOA is also entitled to

publish the names of such delinquent account holders.

13.4. The Trustees of the Fleetwood Homeowner’s Association may amend or add to the conduct

Rules from time to time, as may be deemed necessary to ensure the happy and orderly co-

existence of residents.

13.5. The Trustees of the HOA reserves the right to take any necessary action they may deem fit in

the instance of repeated contraventions of a rule, after expiry of a written notice with respect

to the issue. Such action shall include rectification by the Trustees of the HOA, the cost of

which will be charged to the transgressor, or possible imposition of a fine and subsequent legal

action, all cost which will be for the owners account.

13.6. Fines are imposed on Owners in order to encourage compliance with these rules, and may be

applied in relation to any transgression and consistent with Rule 13.5 above. It is incumbent on




the board to show consistency and fairness in application of fines. Fines will be progressive

starting at R250.00. A decision to impose a fine must be taken at a board meeting where the

record of decision must be recorded in the minute.

13.7. Should a difference between the Trustees of the HOA and an owner not be resolved along

normal avenues and litigation ensues, the owner and the Trustees of the HOA consent to the

jurisdiction of the local magistrate’s court in resolving the matter.

14. CONCLUSION

The Trustees volunteer their time and so please respect their privacy. Should you need to speak to one of

them, try to be considerate of the time.

An environment of neighbourly consideration leads to a happy home. The Trustees of the HOA will endeavor

to make this a safe and tranquil environment, which is dependent upon your cooperation.




CHANGE MANAGEMENT

Most recent on top

Date Version Change

27 February 2014 2014 Strengthening of terms from should to must in certain sections. Addition of:

Slaughtering of animals (12)

Obstruction of road ways (2.8)

Damage to road surface (6.2)

Progressive fines (13.6)

24 February 2011 2011 Generally updated based on inputs from owners.

2003 2003 Original

1995 Articles of Association

Please note the these Rules should be read in conjunction with the Articles of Association