Housekeeping

For the smooth running of our Estate it is important that all residents (homeowners and tenants) are familiar with the Rules of Conduct drafted by the estate in compliance with the Constitution (Clauses 9.1 and 9.2)

The following Rules are contained in the latest Conduct Rules Document.

RULES OF THE ESTATE

1. PURPOSE
2. ENFORCEMENT OF RULES
3. MOTOR VEHICLES
4. PETS
5. CHILDREN AT PLAY IN COMMON AREAS
6. REFUSE DISPOSAL
7. LITTERING
8. LAUNDRY
9. BUILDING ALTERATIONS AND APPEARANCE OF UNITS FROM THE OUTSIDE
10. SIGNS AND NOTICES
11. NOISE
12. DOMESTICS AND WORKMEN
13. BUSINESS ACTIVITIES
14. LETTING OF UNITS
15. COMMON GARDENS
16. GENERAL
17. COMPLIANCE WITH CONDUCT RULES AND CONSTITUTION

1. PURPOSE

These Conduct Rules are intended to promote the efficient and control of the complex and the pleasant, orderly and harmonious living environment, for the mutual advantage of all Residents.

2. ENFORCEMENT OF RULES

It is hoped that these Conduct Rules are sufficiently free from constraint, to ensure that all owners/tenants will, without complaint, accept and abide by them. The Trustees reserve the right to take such action as may be required to enforce compliance with these rules by Residents and thus respect the rights of others. The Trustees shall be empowered to impose fines if members contravene the rules. See rule 17 below.

3. MOTOR VEHICLES

3.1 The speed limit within the complex is 20km/h as a maximum and should be strictly observed by residents, their visitors and any other person using the roadways.
3.2 The fountain circle at the entrance of the complex and the circle on the south side of the complex must be treated as a normal traffic circle at all times, i.e. drive clockwise.
3.3 No owner or tenant shall park or leave any vehicle on any of the common areas, or permit or allow any vehicle to be parked on the common areas, without the consent of the Committee in writing. This also includes caravans, trailers, boats etc.
3.4 Visitors should not park on any of the common roadways or grass verges. They must either park in the driveway of the unit visited, or in the designated parking facilities within the complex. It is the responsibility of an owner/tenant to ensure that this rule is at all times adhered to.
3.5 The Committee may cause to be removed or towed away, at the risk and expense of the owner/tenant of the vehicle, any vehicle parked, standing, or abandoned on the verges or common areas without the Committee’s formal written consent.
3.6 Owners and tenants of units shall ensure that their vehicles and the vehicles of their visitors and guests do not drip oil or brake fluid onto the common area or in any other way deface the common area. Any costs incurred by the HOA in cleaning the paving of oil, brake fluid, etc., will be for the account of the unit owner concerned.
3.7 Any owner or tenant shall be permitted to effect only minor repairs to any vehicle in his garage that will not be aesthetically displeasing when viewed from the common areas.
3.8 No hooting is permitted in the complex.
3.9 Articulated vehicles or vehicles in excess of 10 tons are not permitted in the complex.

4. PETS

4.1 Any new or current owner or tenant (resident) of a unit shall not, without the consent in writing of the Committee, which approval may not be unreasonably withheld, keep any animal or bird in a unit. When granting such approval, the Committee may prescribe any reasonable conditions. The Committee may withdraw such approval in the event of any breach of any condition prescribed or in terms of these rules.
4.1.1 A maximum of two small or medium sized dogs per unit will be allowed. Large dogs are not allowed, as it is inhumane to keep them on the small allocations of private land in the complex.
4.1.2 A maximum of two cats per unit will be allowed.
4.1.3 No reptiles may be kept by residents.
4.2 No unaccompanied dogs are allowed in the common areas of the complex at any hour of the day or night. Dogs may only be out on a leash and must be under the control of an adult.
4.3 Should any pets foul the common area, this should be removed immediately by the resident. It is not the responsibility of the janitor or other residents to remove it. Any resident who is found not to have removed the excrement will be fined without a written warning being issued.
4.4 A resident owning a pet shall be responsible for ensuring that it does not cause a nuisance, annoyance, disturbance or danger to other residents of the complex. In line with the City of Cape Town animal by-laws no dog may bark, yelp, howl or whine for more than six accumulated minutes in an hour or more than three accumulated minutes in half an hour.
4.5 A maximum of two small or medium sized dogs per unit will be allowed. Large dogs are not allowed, as it is inhumane to keep them on the small allocations of private land in the complex.
4.5.1 The cost of any injury to person/persons by a resident’s animal in the common area will be for the animal owner’s account.
4.5.2 Damage that may be caused by a resident’s animal to any property in the common area or to another resident’s property will be for the animal owner’s account.
4.6 The HOA shall only consider complaints concerning pets if submitted in writing.
Noisy dogs
- Pet Registration Form

5. CHILDREN AT PLAY IN COMMON AREAS

5.1 No ball games are permitted in the common areas, and if any damage is caused to any property belonging to any owner/tenant or visitor, the parents will bear the cost of replacing/repairing the said property.
5.2 No riding of skateboards is permitted.
5.3 Riding of bicycles and tricycles is only permitted on the common roads in the complex, and not on any of the unit driveways, pavements or common grass areas.
5.4 Riding of bicycles and tricycles for children under the age of five is permitted only under adult supervision.
5.5 Climbing of walls, roofs, gates, trees, the fountain within the common area is not permitted.
5.6 Parents must ensure that their children do not cause undue noise in the common areas.
5.7 Residents must supervise their children and those of their visitors so that no nuisance or damage is caused to the common areas or the property of other owners. In particular, children may not interfere or tamper with post boxes, plants, exterior lights, intercoms or any similar device.

6. REFUSE DISPOSAL

An owner or tenant of a unit shall:
6.1 Ensure that refuse is placed in a secure plastic bag for collection.
6.2 All refuse for recycling should be placed in the clear CTICC bag provided. Please ensure that any broken glass or sharp objects are safely wrapped so as to not cause injury when collected.
6.3 For the purposes of having the refuse/recycling collected, place the well closed plastic bags at the edge of the road in front of your premises by 08h00 on Monday, Wednesday and Friday mornings only. If any resident puts his refuse/recycling out after the janitor has undertaken his collection round it will be the responsibility of the owner/tenant to take it to the refuse deposal room.
6.4 Only common household refuse/recycling will be removed.
6.5 Garden refuse removal and the removal of unwanted goods remain the responsibility of the owner/tenant and not that of the janitor.

Additional Information:

REMOVAL OF GARDEN REFUSE

The HOA has an agreement with the appointed Garden Service Provider to help, where possible, with the removal of homeowner’s garden refuse. Garden refuse can be placed in green plastic bags and put outside homes on the days (currently every alternate Thursday) when the service provider works in the Estate. These bags will be collected and removed on the day. However, this service will only be available should the service provider has spare capacity on his vehicle. If not the case your bag/s will be left on your property for you to dispose of by yourself.
Please do not put bags out on any other days and please bring the bags into your property if not removed by the Garden Service Provider.

WHEELIE BINS

Wheelie bins only to be put outside on collection days and to be stored inside properties out of sight during non-collection days.

DRY LEAVES IN DRIVEWAYS

Many homeowners have problems with dry leaves accumulating in their driveways and entrances. The garden service provider will remove these leaves on their bi-monthly visit. However, in between visits, it will be the responsibility of homeowners to remove these leaves. The Estate’s janitor, if his schedule allows it, do remove these leaves from time to time but this is not one of his duties and residents cannot request this from him.

JANITOR WORKING HOURS

The working hours for the Estate’s janitor are as follows:
Mondays: 08h00 – 17h00
Wednesdays: 08h00 – 17h00
Fridays: 8h30 – 10h30

7. LITTERING

An owner/tenant or their family shall not deposit, throw or permit or allow, any rubbish, including dirt, cigarette butts, food scraps or any other litter whatsoever on the common property.

8. LAUNDRY

An owner/tenant shall not hang any washing or laundry or any other items in such a manner so as to be visible from the common areas including upstairs balcony railings.

9. BUILDING ALTERATIONS AND APPEARANCE OF UNITS FROM THE OUTSIDE

9.1 In terms of the Constitution no member of the HOA may make any alterations, additions or demolish any part of the buildings on his/her property without the written consent of the Committee. (See points 30.4, 30.5 and 30.6 of the Constitution for the full details in this regard).
9.2 An owner/ tenant of a unit shall not do anything to his unit, which is aesthetically displeasing or undesirable or which is likely to prejudice the reputation and harmonious appearance of the complex. The Committee reserves the right to request the owner/tenant to remedy any displeasing or undesirable aspect.
9.3 An owner shall comply with architectural colour standards as specified for the development in terms of contemplated alterations to his unit, such as replacement of roof tiles and painting of walls.
9.4 An owner/tenant of a unit shall ensure that the common area in front of his unit is kept in a neat and tidy condition, and shall be responsible for maintaining and watering the same at regular intervals.
9.5 An owner may install burglar bars or any safety devices for the protection of his unit provided the Committee has first approved the nature and design of the installation.
Clause 16: GENERAL - Contractors

10. SIGNS AND NOTICES

No owner/tenant of a unit shall place any sign, notice, billboard or advertisement of any kind on any part of the common areas or on his unit, without the written consent of the Committee first having been obtained. For sale signs may only be displayed on Sundays on common areas and outside at the entrance of the complex.

11. NOISE

11.1 Municipal by-laws covering noise/disturbance of the peace will be enforced. No disturbances will be tolerated.
11.2 Radios, musical instruments, record players and TV sets must be used in such a manner so as not to cause a nuisance and annoy residents of other units.
11.3 A quiet time must be respected between 22:00 and 7:00 from Sunday to Thursday and 24:00 to 7:00 on Fridays and Saturdays.

12. DOMESTICS AND WORKMEN

12.1 Owners/tenants shall be responsible for good, quiet and orderly behaviour of any domestic assistant or workmen (including contractors) employed by them and that they do not loiter in the common areas.
12.2 No domestic or workman shall be given the use of a gate remote. Keys for the pedestrian gate can be obtained from the HOA

13. BUSINESS ACTIVITIES

13.1 No business professions or trade may be conducted on the common areas.
13.2 No auctions or jumble sales may be held in the common areas or in a unit.

14. LETTING OF UNITS

14.1 Owners will be responsible for ensuring that gardens are kept in a neat and attractive state.
14.2 All tenants of units and other persons granted rights of occupancy by any owner of the relevant unit are obliged to comply with the Committee and these rules, notwithstanding any provision to the contrary contained in any lease or grant of rights of occupancy.
14.3 All owners, when letting their unit, must have a clause in the lease agreement stating that they are bound by the constitution and rules and ensure that their tenants are made aware of this before signing of such agreement. Such a clause shall contain a term in the following words: “The tenant acknowledges having received from the owner or the nominated management agent a copy of the constitution and rules of the Home Owners Association. The tenant hereby agrees to be bound thereby and to comply herewith in all respects".
14.4 All owners shall notify the HOA via the Managing Agent of any change of tenant in his unit for management and security reasons.

Additional Information:

Homeowners letting their units are also required to get tenants to complete the Pet Registration Form and submit this for approval to the HOA as soon as possible. It is important for homeowners to notify their tenants in advance of this requirement including the specific rules pertaining to Pets (Clause 4)

15. COMMON GARDENS

15.1 To prevent damage to the irrigation system and underground piping, no vehicles (residents/visitors /contractors) are permitted to park on the grass/garden
15.2 Residents are not permitted to interfere with the gardens in the common areas. Residents should direct any gardening requests to the Committee via the Managing Agent for review.
15.3 Requests for pruning of trees and shrubs in the common area should be directed to the Committee via the Managing Agent.

Additional Information:

As part of the levy charged homeowners have the option of having their garden attended to by the garden service provider on the days the common gardens are attended to. They will cut grass, trim edges and tidy up flower beds. If homeowners needs any other services over and above this they must negotiate this with the garden service provider, the cost of which is for their account and must be undertaken on a day other than the day the common gardens are attended to.

16. GENERAL

16.1 The Trustees will not be held legally liable for any damage or loss suffered by visitors or residents of .
16.2 Committee meetings are held regularly. Any matters or suggestions, which you want discussed by the Committee are to be submitted in writing, via the Managing Agent for consideration.

CONTRACTORS


16.3 No owner/ tenant shall permit any contractor who undertakes work on their property to be carried out on the common areas. Any damage caused will remain the responsibility of the owner.
16.4 Construction activity by any owner shall be carried out during normal working hours. Monday to Friday 8am to 4.45pm. Non construction work i.e., painting, etc., can be carried out on Saturdays from 8am to 2pm. Any work after these hours, requires prior approval from the Committee.

Additional Information:

CONTRACTORS

  1. The actions and behaviour of visiting contractors are one of the main sources of complaints received by the HOA. In most cases it is neighbours who are on the receiving end when it comes to noise, behaviour of workmen and drawn out completion dates.
  2. Homeowners are required to request from contractors to perform their work in a quiet, orderly and expeditious manner. The HOA is not in favour to work being carried out over unreasonably long extended periods of time.
  3. Contractors should also be reminded that parking of vehicles should be done within the rules of the Estate (Clause 3.4) and that no parking of vehicles blocking neighbour’s driveways will be allowed.
  4. Contractor’s workmen are also not allowed to enter the Estate on foot and need to be transported into the estate by means of the contractor’s vehicles.

16.5 If any major construction work is being undertaken the owner is required to pay a deposit of, currently R7,500 to cover any possible damage/cleaning up once work is completed. The deposit will be refunded if no damage is caused.

17. COMPLIANCE WITH CONDUCT RULES AND CONSTITUTION

17.1 An owner shall be liable for and pay all legal costs, including costs of attorney and client, collection commission, expenses and charges incurred by the HOA in enforcing compliance with the Conduct Rules or the Constitution as may be required to rectify a breach following a written warning.
17.2 The HOA, under the constitution has the authority to impose fines for non-compliance with the Conduct Rules of the complex.
17.3 Non-compliance of the Conduct Rules by an owner or his/her tenant will result in:
a. An official letter issued to the owner advising of the non-compliance
b. A warning letter issued to the owner for the noncompliance, in which it will be stated that further non-compliance will result in a fine being levied for a minimum of R500 or up to a maximum of R1000.
3. A final letter to the owner detailing the noncompliance together with the amount of the fine, which shall be collected via the owner’s levy account by the Managing Agent.

Note-Owners of Units.

Owners should be in possession of a copy of the Constitution of the Home Owners Association and the Architectural Guidelines. If you need copies of these documents they may be obtained from the Managing Agent.