V Web viewFor conformity purposes the word “penalty” is used ... Only approved quality steel palisade or trellis fencing may be ... water drainage and

VALLEY VIEW ESTATEConduct rules and regulations

Table of Contents1.0 Definitions........................................................................................................................................... 32.0 Introduction.........................................................................................................................................33.0 Levies................................................................................................................................................... 34.0 Street Rules......................................................................................................................................... 35.0 Businesses from Home........................................................................................................................36.0 Good Neighbourliness.........................................................................................................................37.0 Complaints and Penalties.................................................................................................................... 38.0 Ensuring a please landscape................................................................................................................39.0 Social................................................................................................................................................... 310.0 Playground and Jungle Gyms.............................................................................................................311.0 Vandalism.......................................................................................................................................... 312.0 Essential Services...............................................................................................................................313.0 General.............................................................................................................................................. 314.0 Environmental Management.............................................................................................................315.0 Safety and Security............................................................................................................................ 316.0 Tenants, visitors, contractors and employees...................................................................................317.0 Letting and selling of property...........................................................................................................318.0 Pets.................................................................................................................................................... 319. Alterations, additions and erection of new structures........................................................................319.1. General............................................................................................................................................. 319.2 Aesthetic Guidelines..........................................................................................................................319.3 Home offices as part of the main dwelling........................................................................................319.4 Private Boreholes...............................................................................................................................319.5 Conditions regarding building activities.............................................................................................319.6 Liquid Petroleum Gas.........................................................................................................................319.7 Solar Panel Heaters............................................................................................................................3

FORM 1A CONDUCT RULES REVISION 11-2014 PAGE 1 OF 23

Directors Linda Scholtz; Rakgadi Mohlahlane; Danny Pillay; Karabo Modipane

1.0 Definitions

1. Home Owners Association\HOA\VVHOA– Valley View Home Owners Association which is a non-profit Company. The term Home Owners Association as used in these rules shall be taken to indicate the duly authorised Directors and management of the Estate, including appointed committees

2. Memorandum of Incorporation - The current version of the Memorandum of Incorporation of the Valley View Estate Home Owners Association.

3. Directors - the current Board of Directors of the Home Owners Association as nominated and elected from time to time. Appointed in terms of the Memorandum of Incorporation by the owners at each year’s Annual General Meeting (AGM). All are volunteers and are unpaid.

4. Owner - the current registered owners of the property as indicated by the Title Deeds.

5. Member - as per the definition in the Memorandum of Incorporation, membership of the Home Owners Association shall be limited to the person who is, in terms of the Deeds Registries Act or the Sectional Titles Act, reflected in the records of the Deeds Registry concerned as the registered owner of any land, erf or unit in the Home Owner’s Association area.

6. Tenant - shall include the Lessee and all family members, employees, visitors, guests, invitees and contractors of such tenant.

7. Rules - the Estate Conduct Rules are determined by the Directors of the Home Owners Association from time to time and are legally binding upon all residents as well as those people employed by the Estate, as is any decision taken by the Home Owners Association in interpreting and applying these rules.

8. The Estate – the Valley View Residential Estate being the Home Owner’s Association area as defined in the Memorandum of Incorporation and which includes all stands, private and public spaces, natural areas and all roads within the Estate.

9. Penalties and fines – in terms of the Memorandum of Incorporation the Home Owners Association may impose a financial penalty or fine for the non-compliance or breach of any of the Estate rules. For conformity purposes the word “penalty” is used throughout and covers fines and vice versa

10. Erf or Stand - the Memorandum of Incorporation defines an ‘Erf or Stand’ as that portion of land registered in the name of a person in terms of the Deeds Registries Act. No. 47 of 1937.

11. Common Areas - the entire Estate excluding those stands that are registered in the name of a member.

12. Staff - The Estate manager and support team in place as determined by the Board of Directors from time to time.

13. Outsourcing - the following functions are currently outsourced to independent contractors who are directly responsible to the Home Owners Association -



1. Estate gardens, parks and private open spaces

2. Security and Access control

14. Responsibilities of management staff and ownership of various services, owned and/or maintained by the Home Owners Association –

1. Parks and Green belts

2. Clubhouse

3. Gate House and the Administrative offices.

4. Road Infrastructure and street Lights.

5. The Electricity infrastructure within the Estate is maintained by the service provider appointed by the Home Owners Association.

15. Owned and/or maintained by the members –

1. Water - from the house side of the water meter.

2. Sewerage - up to the connection to the City of Tshwane sewerage system just outside of the stand boundary.

3. Electrical problems within the boundaries of the residences.

4. Land line telephone – dependent on the terms of agreement with the Service Provider.

16. Owned and/or maintained by the City of Tshwane –

1. Sewerage system - including all main lines and the distribution drains to which the owners connect their residences. All blockages, overflowing, repairs and cleaning can only be carried out by the City of Tshwane. Home Owners Association is not allowed to work on the Council system. This is the same as any suburb within the City boundaries.

2. Water system - including all main lines and the distribution lines in common property, to which the owners connect their residences and everything up to the water meter.

17. Although the Home Owners Association does not own or maintain any of the services of the City of Tshwane listed above, Estates staff will assist the owners in approaching the various departments when there are major breakdowns or problems with the supply. Owners are requested to report any problems they are personally experiencing with the above services directly to the relevant City of Tshwane Department and if further assistance is required, to then request the Estate management to assist if possible.

18. Limitations of Home Owners Association liability -

1. The Home Owners Association, its Directors, employees, servants or agents shall not be responsible to the owner or to any family member, tenant, employee, servant, agent, customer, visitor or invitee of the owner or any other person claiming through the owner for any accident, injury (including death), damage or loss caused by or through or while using any of the roads or



common property in the Estate and the facilities on or under the control of Home Owners Association including the playground, parks, disconnection of electricity due to non-payment by the managing agent for whatever reason, whether or not arising from or accountable to negligence, or however else occasioned, or arising from any defect in the aforesaid roads, common property or facilities, or as a result of any act whatsoever or negligence on the part of the Home Owners Association or its Directors, employees, servants or agents, or by reason of any repair to be effected by the Home Owners Association not being effected timeously, or at all.

2. The resident acknowledges that the roads, common property and facilities envisaged in this clause will be used at his/her sole risk and indemnifies the Home Owners Association and its Directors, employees, servants or agents against any claim in respect of any of the above.

3. The resident in turn indemnifies the Home Owners' Association, Trustees and managing agents accordingly.

2.0 Introduction

1. The Estate manager as the duly appointed representative of the Directors has the authority of the Directors in applying the Estate rules. Any instructions issued by the Estate Manager regarding the application of the Rules will carry the full authority of the Directors.

2. There will be zero tolerance of abuse of Estate employees or of non-compliance with an issued ruling. Penalties will be issued and/ or legal steps will be taken against offenders at the discretion of the Home Owners Association. The employees may also institute independent action.

3. The Home Owners Association is committed to ensuring harmonious community living within the Estate. This can only be achieved when residents use and enjoy their properties in conjunction with the facilities offered by the Estate together with the respectful consideration of all residents for each other.

4. One of the aims of the Conduct Rules is to preserve and enhance the security, aesthetics and environment of the Estate.

5. The residents of the properties at the Estate are responsible for ensuring that members of their families, visitors, friends, tenants, domestic staff as well as any of their contractors and sub-contractors and their respective workers are made aware of these rules, and strictly abide by them.

6. To ensure the harmonious co-existence of all residents, the Home Owners Association may, from time to time, amend or add to the Conduct Rules, as and when deemed necessary.

7. Subject to the provisions of the Articles of Association the Home Owners Association shall have the right to levy penalties for contraventions of the Conduct Rules in accordance with the penalties as contained in the respective clauses.

3.0 Levies

8. Levies are imposed on a monthly basis and are payable in advance to the managing agent duly appointed by the Home Owners Association by the 7th day of each month.



9. Interest will be charged on all arrear amounts at the maximum rate allowed by the Usury Act or, should such act not be applicable, the maximum rate allowed by any similar legislation, or 2% per month, whichever is the highest legal rate allowed.

10. Should any amounts remain in arrears or, according to the Home Owners Association, become repeatedly in arrears without acceptable reason, the Home Owners Association may, with discretion, levy further penalties.

11. The Home Owners Association may take legal action to recover any amount in arrears and shall be entitled to recover all legal costs incurred on an attorney and own client basis.

12. The Home Owners Association has the right to impose fines against transgressors of the Conduct Rules. Such fines will form part of the monthly levy and shall become due and payable on the due date of payment of the levy.

13. Contractors will be denied access to any stand or unit for which there are arear levies and any construction not be allowed to continue.

4.0 Street Rules

1. The streets of the Estate have been established for the convenience and use of all the residents within the Estate, whether it be on foot, roller-skate, bicycle, motorcycle, truck, delivery van, bus or car and the like. Although cars are a major integral part of the street environment, they are not considered to be the sole factor - consideration is also given to other users of the streets and roads.

2. All streets and roads in the Estate are considered to be public roads and are therefore at all times subject to the applicable laws, road traffic ordinances and by-laws. Without detracting from these provisions in any way, the following rules shall be applicable –

3. The speed limit shall be restricted to 25km per hour throughout the Estate.

4. Parents are responsible for ensuring that their children are made aware of the dangers relating to the use of the streets and must take full responsibility for their children’s safety. The Home Owners Association shall not in any way be responsible for any loss or injury sustained as a result of the use of the streets within the Estate.

5. Engine powered vehicles such as cars and motorcycles shall be permitted to drive on the streets only of the Estate. Parks, public areas and pavements are off-limits at all times. Only drivers in possession of an appropriate and valid driver’s license may operate and drive engine - powered vehicles in the streets or anywhere else on the Estate.

6. Parking on sidewalks, adjoining stands and streets is prohibited, especially opposite traffic islands.

7. Due to the nature of the Estate it can be anticipated that pedestrians will frequently cross streets in the Estate and will at all times have the right of way. Motorists are reminded to always approach designated crossings with extreme caution.

8. The use of motorcycles, scooters or any other vehicles making excessive noise is prohibited. Motor cycles, quad bikes and/or skateboards are not allowed on walkways or jogging paths.



9. As the road and park infrastructure is owned by the VVHOA any damage caused by an owner or visitor will be the responsibility of the owner and the charges for repairs will be levied to the owners levy account.

5.0 Businesses from Home

1. No business may be conducted from home without the written consent of the Home Owners Association. The Home Owners Association reserves the right to revoke at any time and for any reason previously granted permission.

2. The owner of a property from which a business operates may be required to pay a higher levy than the norm – this is at the discretion of the Home Owners Association.

3. Business operations must adhere to the criteria and conditions as specified by the Home Owners Association and local municipal by-laws and regulations. The business area may not exceed a maximum of 60 m2 of constructed floor area. Approval will be for a maximum of two years after which a new application must be made to the Home Owners Association.

6.0 Good Neighbourliness

1. To ensure harmonious community living no business activity or hobby such as, but not limited to, auctions and jumble sales that cause aggravation or are of nuisance value to fellow residents will be allowed.

2. Prior to the hosting of any social function that may be heard by neighbours the resident concerned must advise neighbours of the intention to hold such an event.

3. Noise from whatever source should always kept at a level so as not to cause a disturbance to neighbours, and must not be heard on adjoining or adjacent properties after 22h00 from Monday to Sunday.

4. The use of noisy equipment by residents such as lawn mowers, edge trimmers and the like (electrically powered equipment is preferred), should only be undertaken between the following hours -

- Monday to Friday 07h00 – 17h00

- Saturday 08h00 – 14h00

- Sunday 09h00 – 14h00

5. These hours will be strictly enforced. No exceptions will be allowed.

6. Residents must ensure that domestic workers and other employees do not make excessive noise or loiter on the Estate, specifically not at prominent places such as at the gates, road circles, streets etc. All domestic workers/gardeners must be registered at the Administration office.

7. The use of fireworks at any time is absolutely prohibited on the Estate

8. Residents may not allow their dogs to bark or howl persistently at any time.

9. Alarm systems may not be allowed to persistently sound.



7.0 Complaints and Penalties

1. In the event of a resident wishing to lodge a complaint against another resident due to a contravention of the Conduct Rules it is recommended that the parties make a sincere attempt to try and settle the matter between themselves, exercising due tolerance, reasonableness and consideration.

2. If the complainant prefers not to discuss the matter with the other party or, if following such discussion the complainant still wishes to lodge a complaint, he/she may, within a reasonable period of time, lodge a complaint with the Estate management. The complaint shall be in writing and should at the very least contain details of the transgressor as well as the time, date and nature of the transgression/s.

3. Upon notification of such a complaint from Estate management the managing agent shall promptly address an appropriately worded written communication to the resident concerned, inviting him/her to respond in writing by a specified deadline. A copy of that response, if any, shall be sent to the complainant as well as Estate management by the managing agent.

4. The response of the transgressor, if any, together with any other information the transgressor considers relevant, shall be considered by the Home Owners Association.

5. If the Home Owners Association is of the view that it is not prepared to get involved in the matter then it may inform the parties that they will have to resolve the dispute between themselves or by legal action and/or arbitration.

6. The Home Owners Association may, at its sole discretion, refer the matter to an independent arbitrator whose fees will be paid up front equally by both parties, and whose decision will be final and binding. The arbitrator shall also be entitled to award legal costs.

7. On the other hand, should the Home Owners Association decide to intervene then it may, at its sole discretion, impose a monetary penalty upon the transgressor for each transgression/s in accordance with Annexure A or take such other legal action as it considers appropriate. The decision of the Home Owners Association shall be sent to both the complainant and transgressor in writing.

8. If having levied a penalty, and the transgression for which the penalty has been levied is not remedied, then the Home Owners Association may levy additional penalties in respect of the same transgression until such transgression is remedied, provided that such penalties are not levied more than once in each calendar month.

9. If the Home Owners Association considers that a transgression falls into more than one category detailed in Annexure A and the Home Owners Association decides that it is appropriate to levy a penalty, then it shall be up to the discretion of the Home Owners Association to determine in which category a penalty shall be levied.

10. The Home Owners Association may also levy a penalty of its own accord in respect of a transgression of the rules, notwithstanding the fact that that no complaint has been received from a resident.



11. Decisions by the Home Owners Association shall be final and binding and there shall be no right of appeal.

12. When imposing a penalty the Home Owners Association shall have due regard for the nature of the transgression and whether the transgressor has contravened the rule on more than one occasion.

13. Complaints that are frivolous and/or malicious may themselves be penalised by the levying of a penalty.

14. No party or resident shall have any claim whatsoever for damages against the Home Owners Association as a result of a decision taken by the Home Owners Association regarding the application and/or interpretation of the Conduct Rules.

8.0 Ensuring a pleasing landscape

1. Every resident is responsible for maintaining the exterior of their houses, and area between the street curb and the boundary of his property in a clean and tidy condition. The Home Owners Association can compel the resident to improve the aesthetic appearance of this area if deemed necessary, at the expense of the resident.

2. Garden fences and/or walls and outbuildings forming part of the streetscape should be regularly maintained and painted where and when necessary.

3. Should a resident not respond to the request of the Home Owners Association in this regard, the Home Owners Association has the right to effect repairs at the resident’s cost should it be considered necessary. Residents disregarding this rule will be fined on a monthly basis until the situation has been rectified.

4. Solid walls (brick or other) may not cover more than 50% of the street frontage (access frontage) of a property.

5. Building material, refuse, refuse bags, refuse bins, garden refuse and the like (except on official collection days) may not be placed on the pavement. Garden refuse must be removed on the same day. Dumping of rubble, refuse or grass cuttings on empty stands will be not be tolerated The resident will be liable for all damages caused as well as the cost for the removal thereof by the Home Owners Association. Uncollected refuse must be taken to the dumpsite by the resident.

6. No trees, plants or sidewalk lawn may be damaged, removed, planted or replanted without the permission of the Home Owners Association.

7. Plants/trees on the sidewalks should not interfere with pedestrian traffic or obscure the vision of motorists.

8. Nothing may be planted within 5 metres of the perimeter wall so as to not interfere with the electric fencing, Residents not complying will be held responsible for all costs relating to damage to the fencing system and/or it’s electronics.

9.0 Social

1. The Clubhouse may be booked for certain private functions on Saturdays and Sundays at the discretion of Estate management. Mondays to Friday are restricted to internal Estate meetings.



2. A partly refundable deposit is payable in advance for booking the clubhouse which will be reviewed by the Home Owners Association on an annual basis. If the damage amount exceed the deposit amount the cost of the repairs will be added to the owners levy account.

3. The Clubhouse interior and immediate grounds must be left in a pristine condition after the event by the hirer – failing which the Home Owners Association will clean up and deduct the cost from any deposit held.

4. Breakages and/or damage of any nature will be deducted from the refund amount.

5. Any resident whose levies are in arrears may be denied the right to book the Clubhouse for private functions

6. The deposit will only be refunded after the function and after an inspection of the Clubhouse and immediate area to ascertain that the hirer has cleaned up and there are no breakages or damage of whatsoever nature.

7. Noise levels must not exceed acceptable limits as previously explained - all noise will cease after 22h00.

8. Functions are to cease at 23h00.

10.0 Playground and Jungle Gyms

1. Use of the playgrounds and jungle gyms are strictly at own risk and parents are to ensure that children are supervised at all times.

2. Only playground equipment provided by the Home Owners Association will be allowed on common property. Privately owned equipment will be confined to the resident’s property and must meet the requirements laid down in the building guidelines and may only be erected with the express permission of the Home Owners Association.

11.0 Vandalism

1. Vandalism will not be tolerated and the following action will be taken with regard to damage to Estate property

- The police will be called and a case of damage to property will be opened.- All damage will be restored at the perpetrator’s (or his/her parents) expense- The vandals will be named and shamed in the Home Owners Association newsletter

2. Should damage be caused to the property of a resident then the Home Owners Association will provide said resident with all the information at its disposal. Any legal action will then be at the discretion of the resident.

12.0 Essential Services

1. Electricity

1.1. The Home Owners Association will have access to and monitor the electricity consumption of home owners from time to time to investigate any discrepancies.



1.2. The Home Owners Association shall be entitled to refuse any order and/or refrain from providing any product or service to the customer via the service provider should any monies are overdue or owing to the Home Owners Association by the resident

1.3. In the event that the customer defaults in making any payment to the Home Owners Association that has become due and payable then the full outstanding balance (whether due or not) may at the option of the Home Owners Association become due and payable immediately

1.4. If any resident or a contractor appointed by a resident is found to have opened a meter box, been tampering with or diverting electricity within the electrical infrastructure (including individual meters) then the following process will be followed -

1.4.1. A penalty of R20,000 (Twenty thousand Rand) will be levied against the resident\owner for the transgression

1.4.2. The resident\owner will be required to bring his/her payments up to date at a rate determined by the average of his/her previous 6 months consumption prior to the transgression

1.4.3. The resident\owner will furthermore be liable for any costs incurred by the service provider in investigating the transgression. This will include mileage, labour, disconnection and reconnection fees and any electrical components used.

1.4.4. The resident\owner will also be liable for any legal costs incurred by the VVHOA relating to the case of theft and recovery of the above funds.

1.4.5. A case of electricity theft will furthermore be opened with the SAPS.

1.4.6. The case will also be reported to Eskom.

1.4.7. Electricity top up will be disabled until all outstanding amounts are paid in full

2. Water

Anyone tampering with or diverting or attempting to divert water flow belonging to the HOA within the Estate will be guilty of an act of theft and will be fined an amount of R20, 000 (Twenty thousand Rand). The matter will also be reported to the City of Tshwane.

13.0 General

Please note that all building related transgressions will not be loaded on to the levy monthly payments and must be paid separately. Any outstanding building penalties will be deducted from the building deposit refund at the end of construction.

1. The position, size and styling of TV antennae and satellite dishes must not be unsightly.

2. Lean–to’s and temporary carports are not permitted.

3. Roofing materials for patios, carports and outbuilding must be approved by the Home Owners Association - no shade cloth coverings will be allowed.



4. Building lines will not be relaxed.

5. Duets may not be repainted without the consent of the Home Owners Association and the participating neighbour.

6. The natural contour of the property may not be increased in height by more than an average of 500mm.

7. Basements may not protrude above the natural ground level.

8. Umbrella-type washing lines are not permitted. Washing lines must be suitably screened from neighbouring properties and the street.

9. Advertisements or publicity material may not be exhibited or distributed unless the consent of the Home Owners Association has been obtained. This includes religious canvassing, advertising or door to door sales.

10. No wendy houses or tool sheds may be erected on the pavement or on any of the properties. If the resident refuses to remove said structures, the Home Owners Association may remove these structures at the resident’s expense, or fines may be implemented until said structures have been removed.

11. Caravans, trucks, trailers, boats, equipment of any kind, tools, engine and vehicle parts, as well as pet accommodation structures should be located out of view and screened from neighbouring properties as well as the street.

12. Vacant stands must be kept mowed/trimmed on a regular basis to the satisfaction of the Home Owners Association, failing which, the Home Owners Association reserves the right to clean the stand at the owner’s expense. Stands under construction which have become inactive for whatever reason must also be kept neat.

13. A general circular will be sent out periodically, giving a notice period of 2 weeks for the owners to mow, after which the Home Owners Association will commence cleaning at a cost of R500 per stand

14. Floodlights must be adequately screened so as not to cause discomfort to neighbours.

14.0 Environmental Management

1. No rubble or refuse should be dumped or discarded in any public area, including the park, streets, sidewalks, storm water areas and stands. The Home Owners Association reserves the right to clean up at the guilty parties’ expense.

2. Residents and their guests are urged to leave any open space they visit in a cleaner condition than that in which it was found. Residents should also develop the habit of picking up and disposing of any litter encountered in the open spaces in good community spirit. Littering is forbidden.

3. Picnicking is only permitted in designated areas.

4. Flora may not be damaged or removed from any public area within the Estate.

5. Fauna of any nature may not be harassed, trapped or harmed in any way within the Estate.

6. Residents shall maintain trees, plants and shrubs that have been planted on their pavements by the Home Owners Association.



7. Residents shall maintain a high standard of garden and pavement maintenance.

8. Residents must ensure that declared noxious flora are not planted or allowed to grow in their gardens.

9. The resident’s use of any open space or park area is entirely at their own risk at all times.

10. The Home Owners Association will not entertain claims for damages of any nature whatsoever arising from any cause whatsoever.

15.0 Safety and Security

1. The security personnel have been contracted for the benefit of the residents. Residents may not interfere with or abuse them in the course of their duties. No residents may issue instructions to security personnel.

2. Security protocol at the gate must be adhered to at all times. Under no circumstances may residents or any persons other than the security personnel, Home Owners Association or other authorized personnel be allowed into the Gate House.

3. The fingerprint system for everyone except the motorized residents must be rigorously adhered to. This applies to all contractors/subcontractors, their respective workers, domestics and gardeners as well as non-motorized residents and school children.

4. All residents must request visitors to adhere to security protocol. Residents are asked for their full co-operation with the Security personnel in this regard. Any vehicle entering the estate may be searched by the security personnel upon exiting the estate.

5. All owners must ensure that contractors in their employ adhere specifically to the Security Procedures and the contractors Code of Conduct.

6. Any attempts at burglary or instances of the breaching of the perimeter fence must be reported to a member of the security staff and/or security sub-committee immediately.

7. Residents are encouraged to cultivate a security-conscious attitude at all times. Unless the security procedures are adhered to and rigidly enforced, there will be no benefit in the implementation thereof. Residents should be on the lookout for suspicious individuals who do not have, or are unable to display access cards (or formal ID’s/passports/work permits) and should report them to security as a matter of urgency. All contractors/subcontractors, their respective workers, domestics, gardeners, non-motorized residents and schoolchildren are required to have access cards in addition to having been finger-printed. The access cards will come into play should the Finger print system be rendered inoperable for whatever reason. There will be a small service charge for the issuing of these access cards.

8. Should residents purchase burglar alarm systems for their residences, they are required to be compatible with the electronics of the Estate security system.

9. The Estate will be manned by security 24 hours a day, and patrolled on a regular basis.

10. The security centre at the gatehouse should be advised in advance of the pending arrival of visitors. Details of vehicle registration numbers and the property to be visited should be provided where possible.



11. New occupants (residents) must complete an occupants profile at the Clubhouse Administration office to enable security to contact them for permission to allow visitors into the Estate.

12. No property may be secured with razor wire or similar fencing before, during or after the construction period.

13. Residents on the perimeter wall are responsible for keeping any foliage or overgrowth well clear of the electric fence. Costs will be levied against owners accounts should it be necessary for the Estate to trim trees or plants.

14. Residents on the perimeter fence must advise any visitors of the dangers pertaining to the electrical effects of the fence.

15. Residents on the perimeter wall must make provision to allow security to enter the premises to attend to problems on the wall, and the electric fence.

16. Access tags may be acquired at a cost of R100 per tag. Subsequent lost tags will be replaced at R200 per tag, and thereafter in R200 increments – i.e. R200, R400, R600 etc. Access tags may not be utilized by anyone other than the registered user, and may not be loaned to any other person/s. Should it be brought to the attention of the Home Owners Association that a registered user allows other persons to use such access tags the Home Owners Association shall be entitled to fine the registered user the maximum penalty allowed. Notwithstanding this, the Home Owners Association shall be entitled to suspend the right of access of the tag in question until such penalty has been paid.

17. The negligent use of firearms within the estate will not be tolerated. Incidents of this nature will be reported to the SAPS and a penalty will be levied against the owner. The use of an air gun in residential areas, or anywhere else that holds the risk of injury or damage to person or property is a crime punishable by the courts. This is as per the Firearms Control Act, Act 60 of 2000, Section 120, Paragraphs 3(b) and 7.

“Anyone discharging a pellet gun in a built up area or anywhere else where there is a risk of injury or damage to another person or property is committing an offence and can be prosecuted in terms of the Firearm Control Act, and in many cases also the Animal Protection Act,”

16.0 Tenants, visitors, contractors and employees

1. The occupants of any property within the Estate are liable for the conduct of their visitors, contractors, contractor workers and employees, and must ensure that such parties adhere to the Conduct Rules. Residents will be held responsible for the misconduct of their visitors, contractors, contractor workers and employees and will be fined accordingly.

2. A property shall not be occupied by more than one family, meaning an adult couple with or without their parents and with or without the children of one or the other or both of them, living together as one household. Head count permissible is as follows –

- 2 Bedrooms – maximum of 4 people- 3 Bedrooms – maximum of 6 people- 4 Bedrooms – maximum of 8 people

3. Under no circumstance may any garage/garages be utilised as living quarters



4. All owners must ensure that contractors in their employ have signed the Contractor’s Code of Conduct prior to commencing construction, and that they adhere to the stipulations of this code at all times.

5. Only one full time domestic staff member shall be allowed to reside on each property. All visitors of domestic staff must leave the Estate by 22h00 – no overnight stays are permitted. Should a resident wish for more than one domestic staff member to reside on the property i.e. a child or spouse then prior written permission must be obtained from the Home Owners Association.

17.0 Letting and selling of property

1. No owner shall let or otherwise part with occupation of his property, whether temporarily or otherwise, unless -

1.1. The owner has concluded an agreement with the proposed occupier of the property that such occupier undertakes to adhere to the Conduct Rules and undertakes to ensure that his/her family, invitees and domestic workers adhere to these rules; and that the owner has provided the tenant and the Home Owners Association with a copy of these rules.

1.2. Every owner shall, within 14 (fourteen) days of entering into a lease agreement over a property on the Estate, notify the managing agent and Estate management in writing of the following –

- The name and contact details of the tenant concerned- The duration of the lease, and shall ensure that such tenant applies for access tags etc. in his own name

on the prescribed application form.

2. No owner shall be entitled to transfer ownership or any interest in his/her property without a clearance certificate issued by the managing agent on behalf of the Home Owners Association, after payment of all outstanding debts, by which it is certified that –

- The purchaser has applied to become a member of the Home Owners Association and will become a member immediately upon receiving transfer of the property.

- The Home Owners Association is satisfied that the purchaser has bound him/herself to become a member to the satisfaction of the Home Owners Association.

3. The Home Owners Association shall be entitled to set a reasonable fee to be charged by the managing agent for the issuing of all clearance certificates.

4. The owner, on selling a property in the Estate, or an interest in such property, shall ensure that the written agreement and deed of sale contains clauses to the following effect –

5. The purchaser acknowledges that, upon registration of the property into his/her name, he/she automatically becomes a member of the Home Owners Association and agrees to do so subject to the memorandum and Articles of association of the Home Owners Association.

6. The purchaser acknowledges that he/she has received from the seller a copy of the rules of the Home Owners Association and, for the benefit of the Home Owners Association, agrees to be bound by such rules from the date upon which he/she becomes an owner or on which he/she occupies the property, whichever is sooner.



7. No show houses are permitted. Owners or their estate agents will be permitted to erect a maximum of one “For Sale” sign on the property concerned.

8. Other than the afore-mentioned “For Sale” sign an agent may not utilise any other signs, boards, balloons, flags, or promotional material of any kind, whether on the Estate or outside its perimeter.

9. For property viewing the prospective purchaser must be accompanied by the owner or the estate agent at all times.

10. Number of people allowed to occupy the property – refer to clause 16.2

11. Owners are permitted to make use of any registered Estate Agents services. If however the estate agent in any ways disobeys the conduct rules or through any action causes a security risk, the Directors have the right to institute a ban on the estate agent in question and to raise a penalty against the owner at their discretion.

12. Any estate agent intending to conduct business within the Estate is required to register at a cost of R100 (being the cost of issuing an access tag) per annum.

13. The following documentation must be supplied for registration as an Estate Agent:

- Company/Close Corporation’s certificate to commence business.- Company’s Estate Agency Affairs Board registration certificate.- NQF 4/5 qualification of Agent, or proof of registration.- Agent’s ID document.

18.0 Pets

1. Local authority by-laws relating to pets will be strictly enforced.

2. Residents may not keep more than two dogs or two cats on their property without the written permission of the Home Owners Association.

3. Poultry, pigeons, aviaries, wild animals, livestock or reptiles of any kind may not be kept on the Estate.

4. Pets are not permitted to roam the streets and dogs must be kept on a leash in all areas at all times. Fines will be implemented for dogs roaming around in the estate.

5. Should animal excrement be deposited in a public area, the pet owner shall be responsible for the immediate removal thereof.

6. Every pet must wear a collar with a tag indicating the name, telephone number and stand or unit number of its owner. Stray pets without identification tags will be apprehended and handed over to the SPCA.

7. Owners of pets must ensure that cyclists, walkers, joggers and any other pets are not attacked or harassed by their pets.

8. No dogs with aggressive tendencies will be permitted within the Estate

9. The Home Owners Association reserves the right to request the owner to remove his pet should it become a nuisance on the Estate. Owners may also be fined



19. Alterations, additions and erection of new structures

19.1. General

1. No additions, alterations or erections of new structures shall be commenced without the prior written approval of the Home Owners Association, following an application by the owner. This includes awnings, solar heating panels, external geysers, air conditioning units, zozo huts, wendy houses, tool sheds or similar structures.

2. The primary intention of these rules is to ensure that all building activity at Valley View is conducted with the minimum of inconvenience and disruption to residents. In the event of any queries in this respect, residents and/or their contractors are most welcome to contact the Home Owners Association's appointed Security Contractor.

3. The rules and regulations governing building activity as set out in this document are binding on all residents, their contractors and sub-contractors. Furthermore, all residents are obliged to ensure that their building contractors and sub-contractors are made aware of these rules and that they are strictly complied with. Residents are accordingly required to include these rules in their entirety in any building contracts concluded in respect of any property on the Estate. Such contracts may be required to be submitted to the Home Owners Association for prior approval.

4. The Home Owners Association has the right to suspend any building activity in contravention of any of the conditions and does not accept any losses sustained by a resident or contractor or sub-contractor as a result thereof, or any claims for damages of whatsoever nature.

5. Site Preparation - before any physical construction may commence, a qualified registered land surveyor certificate must be provided to management. The toilet, shed and rubble has to be screened on all sides with the prescribed shade cloth according to the specifications of the Home Owners Association (80% density). The owner must carry all costs for the prescribed screening. If the property is not screened as prescribed and construction commences, the Home Owners Association can prohibit such a contractor from entering the Estate.

6. No construction may commence unless the water connection is installed on site.

7. All applications shall be submitted to an architect appointed by the Home Owners’ Association. The identity of and contact details for the architect may be obtained from the managing agent.

8. Certain rules relating to building contractor activity on the Estate have been adopted by the Home Owners Association, the legal representative of residents and property owners at Valley View.

9. No construction will commence unless an approved and operational toilet has been installed in a position as approved by the Estate Manager. Entrance to toilet to be screened.

10. No construction may commence unless the site/stand/property upon which construction is to be performed is properly and adequately marked and identified by an appropriate builder’s board depicting the particulars of the relevant site/stand/property, the owner thereof and his/her all hours contact telephone number. It shall also contain particulars of the building contractor such as Trade name and particulars of a responsible person including an all hour’s telephone number of such responsible person. Such sign shall not be smaller in dimension than 750mm in width and 500mm in height, and shall not be erected lower than two meters from the ground. Such sign shall be displayed for the duration of the building activity and may not be removed until such building operations have been finally approved.



11. Detailed plans (approved and stamped by both the HOA and the Tshwane Council) prior to any intended additions, alterations or erections will ordinarily be required, but the Home Owners Association acknowledges that for minor additions, alterations or erections this may sometimes be impractical and the Home Owners’ Association may therefore, in its discretion, waive the requirements for detailed plans and accept “short form” plans for consideration.

12. On request of the owner, the architect will provide, and if necessary clarify, the requirements and processes, including the need for detailed plans.

13. A non-refundable fee, stipulated by the Home Owners’ Association, is payable in advance to the controlling architect for all applications.

14. An application will consist of one set of detailed plans consisting of -

- Site plans- Elevations- Sections- Use of materials and colours- Adjoining and affected neighbours comments (or proof that such a neighbour has been requested to provide

comment but has failed to do so) and signatures on the site plan.- “Short form” plans where applicable, consisting of the detail requested by the Home Owners Association.

15. Where detailed plans are required they shall be prepared by a registered architect or competent draftsman. No submission will be considered until it is complete. The architect will notify the Home Owners Association once the submission is complete. The Home Owners Association will within a reasonable period of time rule on the application. The Home Owners Association reserves the right to raise any queries and/or questions with the applicant, the architect or neighbours and to await satisfactory response before ruling on the application.

16. A fee of R2100 is payable to the Home Owners Association for the approval of the building plans for new constructions and R825 for alterations/additions. Plan fees will increase with 10% annually. The Home Owners Association reserves the right to impose an additional fee if the house is re-designed.

17. A building deposit of an amount of R10 000.00 (ten thousand rand) or such amount as determined by the Home Owners Association from time to time shall be paid to the Home Owners Association when submitting plans for approval. This amount will be kept in trust by the Home Owners Association, and is partly refundable, free of interest, less the cost of making good any damage to sidewalks and/or adjacent properties etc if found necessary on completion of construction and after deduction of the scrutiny and road maintenance fee as well as any outstanding building penalties.

18. Notwithstanding the fact that the building plans may comply with all the above, the approval or rejection of such plans shall be at the sole discretion of the Home Owners Association, which approval shall not be unreasonably withheld.

19. The architectural style of the house will be considered in relation to that of other houses in the area, as well as aesthetic appearance and the proposed siting of the building, and such other factors as the Home Owners Association in its discretion may deem suitable.

20. Every effort will be made to ensure that these standards are observed by all stand owners.



21. However, final approval of building plans ultimately rests with the Tshwane Council and no assurance can be given to individual owners that the above standards will be adopted throughout the township.

22. Following approval, the owner shall advise the managing agent of the identity of any contractors performing the work for the owner. One building board only, approved by the Home Owners Association, may be erected on each property. The board must be removed immediately after completion of any addition or alteration or completion of any new structure. It is the duty of the owner to obtain any necessary consents of any local authority that may be required. Final approval by the Home Owners Association is subject to the submission and proof of approval from the respective local authority.

23. No deviation from the approved drawings will be permitted unless the deviation is re-submitted and approved in writing before its construction.

24. An architect chosen by the Home Owners Association may inspect the works at any stage during construction and may request any reasonable alterations and/or additions to ensure that the building design guidelines stated in these rules are adhered to.

25. No materials or rubble may be stored, mixed or prepared on any of the roadways, curbs or pavements or adjacent stands

26. The owner acknowledges that the Estate is a security estate and will at all times adhere to the security regulations and controls in the interest of maintaining security on the Estate.

27. Once any alterations or additions have commenced the owner shall ensure that all building works are completed within 6 months (inclusive of any builder’s holidays) from the date of commencement, failing which the owner shall pay penalties to the Home Owners Association of an amount of R2500 per month for each month after the expiry of the 6 month period for which the alterations or additions remain uncompleted.

28. Once the erection of a dwelling has commenced the owner shall ensure that all building works are completed, both externally and internally, within 12 months (inclusive of any builder’s holidays) from the date of commencement, failing which the owner shall pay penalties to the Home Owners Association in the amount of R2500 per month for each month after the expiry of the 12 month period for which the building works remain uncompleted.

19.2 Aesthetic Guidelines

1. The privacy and views of surrounding properties shall be considered when making alterations, additions or erecting new structures.

2. Additions, alterations and new structures should be consistent with the original building design in style, elevation and material usage.

3. As a general rule, no windows or balconies on the upper storey should overlook the living space of the adjacent dwelling. Windows overlooking the living areas of neighbours shall be sandblasted and/or curtained and lined with white lining, to ensure mutual privacy, should the Home Owners Association so direct.

4. Awnings, solar heating panels, chimneys, external geysers, blinds, air conditioning units, satellite dishes and other external appendages (all of which are considered to be additions or alterations) must form part of the basic structure and are to be clearly shown and annotated on drawings submitted for approval.



5. Except with the prior written consent of the Home Owners Association, the exterior of any properties in the Estate may only be painted in the colours stipulated by the Home Owners Association. The colour of paint used for any external surface shall be consistent with similar colours already utilised in the Estate. Accordingly, the paint colours are as follows -

- Garage doors stained in mahogany;- Exterior walls may only be painted in the approved colours- Other exterior doors and windows in mahogany.- Iron gates and external balustrades in black.- All paintwork shall conform to the general aesthetic appearance of all the other properties in the Estate.

6. Lighting mounted on the external facades of dwellings shall not interfere with neighbours or face roadways that could interfere with the vision of motorists.

7. Air conditioning units must be screened from view from all sides and noise emanating from the unit must be at a level so as not to disturb neighbours.

8. Television aerials are not permitted at the Estate, Owners are obliged to install satellite dishes in place thereof.

9. Typical fences that are not allowed - wire fences, devil's fork fences, razor wire fences, picket fences, pre-cast walls and wooden fences.

10. Where house designs are found to be insensitive towards the environment and the character of the Estate, the owner can be requested to alter such designs or requested to make use of another suitably qualified architect.

11. One copy of the Council approved plan must be presented to the Administration office by the owner for filing purposes

12. Design and layout of the entire stand will be considered from the outset. Special consideration should be given to existing natural features on site, i.e. existing flora and topography, the latter to include contour lines on the site plan.

13. The main dwelling, excluding garages and outbuildings, may not be less than 220m2.

14. Elevation treatment of all buildings must conform to acceptable architectural standards, so as not to interfere with or detract from the general aesthetic appearance of the neighbourhood.

15. No galvanized roofing material may be used. See Architectural Guidelines for allowed roofing.

16. Special aesthetic consideration should be given to the design of parapets, fascia’s, copings, eaves, roof trim, guttering and roofing materials in general.

17. All plumbing must be ducted and suitably screened.

18. External finishes and colours must be shown - colour samples may be requested. The same procedures will apply to the repainting of houses.

19. No solar panels or geysers may be visible from the street, only panelled solar heating is permitted. (No coiled or exposed piping).



20. Outbuildings and additions must match original design and style, both in elevation consideration as well as materials and finish.

21. Staff accommodation and kitchens are to open onto a screened yard or patio.

22. Yard walls and screen walls should match the basic materials of the buildings.

23. The height of dwelling units may not exceed two stories.

24. The impact of a second storey on the right to privacy of adjacent property owners and the views from adjacent residences will be considered when plan approvals are requested.

25. The treatment of sidewalks is considered to be of paramount Importance as they have a direct influence on the aesthetic quality of the neighbourhood. To create a degree of visual integrity, street boundary walling designs will be strictly controlled.

26. Only approved quality steel palisade or trellis fencing may be erected on the stand boundary.

27. All boundary walls and fences will be subject to the approval of the Aesthetic Committee.

28. A solid wall may only be constructed to cover a maximum of 50% of the street boundary.

29. Lean-to's and temporary carports are not allowed.

30. No galvanized finish doors, garage doors, patio roofs, etc. will be allowed.

31. Any external or internal structural or aesthetic changes to duets will only be granted by the Aesthetic Committee after prior approval by both owners has been obtained.

32. Site plans are required for all swimming pools. Special attention is to be given for privacy, water drainage and safety fencing. Approval is required for pool encroachments over building lines.

19.3 Home offices as part of the main dwelling

The following will apply to all requests to the Aesthetic committee in connection with home offices.

1.1. Home offices must be linked structurally and visually to the main dwelling and must be one unit.

1.2. The home office may not exceed 60 square metres in total.

1.3. No subdivision of the property will be allowed. This must be entrenched in the title deed and is applicable to the title holder and any successor in title.

1.4. The owner must, in writing, undertake to the Home Owners Association that this unit will never be sub-let to anybody for income purposes and in the event of the property being sold, the new owner must carry this undertaking.

19.4 Private Boreholes

Under no circumstances will individual owners be permitted to have boreholes on their stands.



19.5 Conditions regarding building activities

1. Contractors may only be allowed on the Estate from 0700 to 1700 on Mondays to Fridays and from 0800 to 14h00 on Saturdays. Note that no building activity is permitted on Sundays, public holidays or long weekends. Fines will be implemented for each contractor found on site – no exceptions will be allowed. The only exception to this would be if there was a genuine emergency occasioned by the failure of electricity, water, security or similar essential service.

2. Contractor personnel are not permitted to remain on site between the hours of 17h00 and 07h00 (no sleeping on premises)

3. Contractor’s workers must be registered with the Clubhouse Administration whereupon they will be issued with an Access card, which must be carried by them at all times whilst in the Estate.

4. Deliveries of building materials can only be made between 08h00 and 16h00 on weekdays and 08h00 to 12h00 on Saturdays.

5. No articulated vehicle or a vehicle of mass of more than 6 tons per axle or longer than 10 metres will be allowed to enter the Estate.

6. Contractor’s vehicles shall be parked only on, or in front of the owner’s property.

7. Contravention of these rules by a contractor could lead to the contractor being denied access to the Estate.

8. All contractors/subcontractors and their workers must enter the Estate in an approved vehicle with all people registered on the finger print system.

9. The contractor shall provide facilities for rubbish disposal and ensure that the workers use the facility provided. Rubbish and/or rubble shall be removed on a regular basis and not disposed of on the Estate. No rubble dumping is permitted on adjacent stands or pavements. Should this occur then a warning will be issued and if the situation is not rectified then the rubble will be removed by the Estate at the owner’s expense.

10. The building site is to be kept dean and properly screened as prescribed. If the contractor fails to keep the site clean and tidy within reason, such a contractor may be prohibited from entering the Estate until such a time that the site is properly cleaned.

11. Materials off-loaded by suppliers that encroach onto the sidewalk or roadway, must be moved onto the site by the contractor. Material and/or rubble must not be allowed to remain on the roadway or sidewalk and it is the contractor's and owner's responsibility to clear these areas of all such materials and/or rubble. The same applies to sand or rubble washed onto or moved onto the road during building operations.

12. Deliveries from suppliers must be scheduled in terms of paragraph 13.3 above.

13. Building boards may only be erected if they comply with the Home Owners Association's specifications, details of which are available from the Home Owners Association. Such boards are to be erected on the site, not on sidewalks. Sub-Contractor's boards are not permitted. All boards must be removed after completion of construction.



14. The owner and the contractor shall be responsible for damage to curbs and/or plants on the sidewalks and/or damage to private or Estate property.

15. Should the Home Owners Association have any reservations with regard to the conduct of the contractor/subcontractor or their workers the Home Owners Association reserves the right to suspend all building activity until such conduct is rectified, which it may do at any time and without notice, and free of recourse from the owner and/or contractor.

16. This document must be fully understood and accepted by the owner and contractor/subcontractor and they must undertake to comply with these rules, in addition to any further rules and regulations which may be introduced by the Home Owners Association from time to time.

17. Only approved contractors and their workers who are in possession of valid South African identity documents/passports/work permits will be allowed access to the Estate. In the event that illegal workers are apprehended on the Estate, the employers will be liable – the Home Owners Association accepts no responsibility whatsoever.

18. The Home Owners Association shall be entitled to levy fines against owners or their contractors/sub-contractors with respect to any contravention of the above.

19. All contractors shall be obliged to sign the Standard Code of Conduct applicable to the Estate.

20. Empty or dormant stands or buildings must adhere to the same regulations which are applicable to a stand undergoing construction. The Home Owners Association may at any time assess the situation of the stand/building from a safety, security, maintenance and aesthetics point of view and at its discretion impose a penalty and/or appoint a contractor to remedy any discrepancy identified in terms of the assessment to ensure compliance with the Conduct Rules. The Member concerned will be responsible for all costs in this regard.

21. Where a dwelling on a stand has been completed and such a dwelling remains unoccupied for longer than one month, the member concerned shall ensure that the dwelling is properly locked, ensure pool safety and maintenance, property control and maintain electrical and water services and properly maintain the garden and pavement. Failure to comply with the foregoing may at the discretion of the Directors lead to a penalty being imposed and\or the assessment of the situation on the Home Owners Association, and the appointment by the Home Owners Association of a contractor to ensure compliance with the Conduct Rules. The Member concerned will be responsible for all costs in this regard.

19.6 Liquid Petroleum Gas

If an owner intends to install LPG (Gas) then the following requirements have to be met

- An installation plan has to be submitted to the City Council for approval.- The installation must be done by a suitably qualified person who is duly registered with the LPG Association.- A copy of the registration certificate of the qualified person must be submitted with the plans.- The Test certificate must be issued to the owner.- On completion the installation must be inspected by the Fire Safety Division.

19.7 Solar Panel Heaters



Considering the current electrical supply shortcomings in this country the HOA supports the drive towards solar heating subject to the following rules:

- Only the vacuum tube type or flat panel type of solar heaters may be visible – no external geyser, header tanks or coiled pipes may be visible. The solar panels may be incorporated into the adjoining structure but may not (where visible) be placed on an elevated structure.

- All geysers fitted outside on flat roofs are to be enclosed in an aesthetically pleasing enclosure.



Documents

V Web viewFor conformity purposes the word “penalty” is used ... Only approved quality steel palisade or trellis fencing may be ... water drainage and