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PALM SPRINGS ESTATE HOME OWNERS ASSOCIATION CONSTITUTION
BAX KAPLAN INC.
Attorney, Notaries and Conveyancers
2 Clevedon Road, Selborne
(a) The Buffalo City Municipality (“the Council”) has approved the rezoning and subdivision of , Division of East London, Province of the Eastern Cape, which approval was granted subject to, inter alia, the establishment of a Home Owners Association for the purposes as more fully set out hereunder;
NOW THEREFORE THE FOLLOWING SHALL CONSTITUTE THE CONSTITUTION OF HOME OWNERS ASSOCIATION:
ESTABLISHMENT IN TERMS OF STATUTE
The Home Owners Association is constituted in terms of Section 29 of the Land Use Planning Ordinance No. 15 of 1985 in accordance with the conditions imposed by the East London Transitional Local Council when approving the subdivision in terms of Sections 25(1) and 42 of the said Ordinance (hereinafter referred to as the Association).
The name of the Association is PALM SPRINGS ESTATE HOMEOWNERS ASSOCIATION (Proprietary Limited) (Hereafter HOA).
In this Constitution and Rules, unless the context indicates the contrary;
2.1 "The Association" shall mean Palm Springs Estate Homeowners Association (Proprietary) Limited;
2.2 "The Chairman" shall mean the chairman of the Association;
2.3 "The Development" shall mean Palm Springs Estate in the district of Kidds Beach, Eastern Cape and as more fully described in the Sale Agreement to which this Constitution forms an Annexure;
2.4 "The Developer" shall mean Shell Case 263 (Pty) Ltd; (Company registration number 2005/027729/07)
2.5 "The Lessee" shall mean any person having a lease or any temporary right of occupation on any property in the Development;
2.6 "The Member" shall mean an owner of a property as defined in clauses hereof;
2.7 "The Person" or "a person" shall include a company, close corporation, a trust, a partnership or any other Association of persons entitled by law to freehold title to immovable property;
2.8 "Registered Owner" shall mean the registered owner from time to time of any Erf forming a part of the development;
2.9 "The Rules" shall mean the Initial Rules of the Association a copy of which is attached hereto as Annexure ! and any subsequent Rules made by the Association; All rules made subsequently must be committed to writing authorized by members in general meeting and appended hereto otherwise such rules would not be binding.
2.10 Property – implies an individual stand owned in the Palms Springs Estate which has been registered in the name of the member, thus evidencing ownership.
2.11 Common property indicates the property registered in the name of the developer and not owned by a member. The common property shall be transferred from the developer to the HOA upon completion of the last sale of the initial 25 stands in phase 1, The developer shall retain ownership of the land reserved for phase 2 which shall only be available for sale once the necessary approval has been granted. There shall be no time limit over which the remaining Phase two stands require to be sold.
2.12 Words importing the singular number shall include the plural and the converse shall also apply; the masculine gender shall include the feminine and neuter genders and the neuter genders shall include the feminine and masculine genders.
2.13 Special Resolution means a Resolution passed at a special general meeting of which not less than 21 clear days’ notice has been given specifying the intention to propose the resolution as a Special Resolution, the terms and effect of the resolution and the reasons for it, and passed, on a show of hands, by not less than three-fourths of the number of Members (or Contributing Members, as the case may be) entitled to vote at that meeting who are present in person or by proxy.
Effective Date shall mean the effective date when this Constitution is formed and shall be the date of registration of Palm Springs Estate Homeowners Association (Proprietary) Limited with Cipro or the date of the transfer of the first erf from the Development to a member, whichever is the earlier date.
The erven means singularly or collectively the erven resulting from the subdivision of Erf ………………… as depicted on the General Plan for the Palm Springs Estate Development.
The Headnotes to the clauses in this Constitution and Rules are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
4. OBJECTS AND POWERS OF THE ASSOCIATION
The objects of the Association are4.1 to promote and enforce standards for high quality low density, country living in the development in such a way that members may derive the maximum collective benefit
4.2 to provide for the control over the maintenance of all buildings, including the interiors and exteriors of all buildings owned by the HOA and services and amenities forming part of the development, more particularly to enforce certain building regulations and design parameters in order to maintain a characteristic feeling for the development referred to in Annexure 1 clause 4; The Association shall have the powers to do such acts as are necessary to accomplish these objects and any object implied herein. Without in any way limiting the generality of the aforegoing, such powers shall include, but not be limited to the following:
4.2.1 the determination of what constitutes appropriate standards for community living and the maintenance of properties (outside only for individually developed erven in the development) and the common property in the development;
4.2.2 the investment and reinvestment of monies of the Association not immediately required in such manner as may from time to time be determined; all monies invested will always be with the top 4 banks in South Africa (ABSA, Standard Bank, Nedbank or FNB)
4.2.3 the operation of a banking account with all powers required by such operations;
4.2.4 the making, amendment and repeal of Rules which shall be binding upon members, lessees of and visitors to the Development as if they are members of the Association and bound by this Constitution;
4.2.5 the formation of sub-committees and the delegation of such powers to such sub-committees as the members in general meeting may deem necessary;
4.2.6 the right to sue and defend actions in the name of the Association and to appoint legal representatives for this purpose;
4.2.7 the levying of a subscription payable by members as provided in clauses 5 and 12;
4.2.8 the acquisition by purchase or otherwise and ongoing maintenance of all common property including, but not restricted to the entrance gate, roads, sidewalks, offices, servants accommodation, sewerage works, water and electricity reticulation, swimming pool and tennis court, dam areas outside areas of erven owned in the development and other common property and the adoption of the contractual arrangements between the developer and the Association including all the rights and the assumption of all the obligations;
4.2.9 the incorporation and maintenance of design standards for the development;
4.2.10 the incorporation, entrenchment and protection of the design constraints in the constitution of the Association;
4.2.11 the establishment and maintenance of a garden or any other service for the common property for the benefit of the development and the individual members of the Association.
5.1 The Association shall be organized with capital and sufficient shares to enable each member and the developer to hold one share. Membership thereof shall be compulsory for every Registered Owner of an Erf in the Development which membership shall be evidenced by and limited to Registered Ownership in the Deeds Registry in King Williams Town or any other Deeds Office of one or more erven in the Development. Upon registration of ownership, membership of the Association shall be automatic and members shall be obliged to comply with the provisions of this Constitution and the Rules of the Association as laid down from time to time. No person shall cease to be a member of the Association while remaining the Registered Owner of an Erf in the Development. A person who is entitled to obtain a Certificate of Registered Title to any Erf in the Development shall be deemed to be the registered owner thereof.
5.2 Each member shall be entitled to one vote for each Erf owned in the Development. Ownership of an Erf in undivided shares shall constitute only one membership, which membership shall be represented by one individual in terms of the provisions of Clause 9 hereof.
5.3 When a member ceases to be the registered owner of an Erf in the Development he shall ipso facto cease to be a member. Membership shall be transferred by the registration of a Deed of Transfer in the Deeds Registry at King Williams Town or any other Deeds Office, passing transfer of one or more erven in the Development from the previous member to the new member. A member shall not transfer an Erf in the Development unless it is a condition of that transfer that the registration of the transfer of the property into the name of the transferee shall ipso facto constitute the transferee as a member of the Association
5.4 Every member shall pay his subscription to the Association, the amount of which shall be determined in terms of Clause 11 hereof. The subscription so determined shall apply equally to all erven and shall be payable in respect of each erf owned or erven in the process of being transferred by a member, or to be owned by a future member.
5.5 Should any member let any Erf owned by him to a lessee, he shall be obliged, and undertakes to ensure that such lessee complies with the provisions of this Constitution and the Rules of the Association. A lessee may become an associate member of the Association by payment of the Monthly subscription. Notwithstanding any lessor/lessee arrangements which an owner might have the owner guarantees the payment of subscriptions should the lessee fail to pay the subscription.. An associate member shall be entitled to attend meetings of the Association, but shall not be entitled to vote at any of the meetings.
5.6 The Association shall come into being on the first transfer of a property to an owner and the developer shall be obliged to convene the Inaugural Meeting within 90 days thereof and to ensure that appropriate parties are willing to serve on the association and shall be obliged to Chair that meeting or delegate the responsibility to the agent or the Seller's attorney as defined in the sale Agreement to which this Constitution is attached
The Management and Administration of the Association shall be exercised by the Committee elected by the members in a General meeting, provided that the members in a General Meeting shall also be entitled to elect a member of the Association to whom the management and administration of the Association including any of its Powers, may be delegated and/or to appoint Managing Agents for this purpose. Any act performed without any proper authority by any member, may be ratified and confirmed by the members in general meeting or by signed resolution as long as all members have signed. A member who is duly authorized to act on behalf of the Association shall be entitled to be repaid by the Association any reasonable and bona fide expenses incurred by him in connection with and incidental to the performance of his duties.
CHAIRMAN AND DIRECTORS OF THE ASSOCIATION
7.1 The Chairman who shall be a Director , together with a minimum of 2 and a maximum of 4 Directors shall be elected at any annual general meeting and shall comprise the executive committee and they shall remain in office, until the following annual general meeting, unless they vacate their office in terms of the provisions of this constitution. Subject to the further conditions hereto, the Executive Committee shall manage and control the business and affairs of the Constitution, shall have full powers in the management and direction of such business and affairs and, save as may be expressly provided herein, may exercise all the powers of the Association and do all such acts on behalf of the Association as may be exercised and done by the Association, subject to such regulations as may be prescribed by the Association in general meeting, provided that no regulation made by the Association in general meeting or otherwise shall invalidate any prior act of the Execution Committee which would have been valid if such regulation had not been made. The Executive Committee shall have the right to vary, cancel or modify any of its decisions or resolutions from time to time and shall have the right to co-opt onto the committee any member. The Executive Committee shall meet together to discuss the affairs of the Association and otherwise regulate their meetings as they deem fit subject only to the provisions of this Constitution. A quorum for the holding of any meeting of the Executive Committee shall be 2 Directors if the Committee consists of 3 members and 3 Directors if the Committee exists of 5 members and 4 Directors if the Committee exists of more than 5 members. A resolution of the Committee shall be passed by simple majority and shall be recorded in the Minutes of any Executive Committee meeting. The Resolution signed by all the Executive Committee members shall be valid in all respects as if it had been duly passed at a meeting of the Executive Committee duly convened.
7.2 Any committee member shall cease to hold office as such if:
7.2.1 by notice in writing to the Association he resigns his office;
7.2.2 he is or becomes of unsound mind;
7.2.3 he surrenders his estate as insolvent or his estate is sequestrated;
7.2.4 he is convicted of an offence which involves dishonesty;
7.2.5 he absented himself from two consecutive General Meetings;
7.2.6 by a resolution of 25% of all members of a General Meeting he is removed from office;
7.2.7 his monthly subscription becomes delinquent; (in arrears for more than 3 months)
7.2.8 he sells his property
7.3 The first Chairman of the Association shall be the nominee of the developer and he shall remain in office subject to the provisions of this Constitution until the next Annual General Meeting.
No duly authorized member to whom the whole or any aspects or Management and Administration of the Association has been delegated shall be liable to the Association or to any member thereof or to any other person whomsoever for any act or admission by himself, or by the servants, agents, contractors or employees of the Association. Such members shall be indemnified by the Association against any loss or damage suffered by him in consequence of any purported liability, provided that such member has, upon the basis of information known to him or which should reasonably have been known to him, acted in good faith and without gross negligence.
9. MEETINGS OF THE ASSOCIATION
9. 1 ANNUAL GENERAL MEETINGS
Annual General Meetings of members shall be held once in every year at such time and place as the members may agree, but so that no more than 15 months shall be allowed to lapse between any two such successive meetings. The business to be done at the Annual General Meeting shall include:
9.1.1 the receipt of a chairman’s report on the affairs of the Association;
9.1.2 the possible election of a member to carry out the Management and administration of the Association;
9.1.3 the adoption of the minutes of the previous Annual General Meeting;
the adoption of the balance sheet and income statement and supporting information for the financial year; just passed;
9.1.5 the consideration of any resolutions concerning the affairs of the Association of which due notice has been given to all members;
9.1.6 the appointment of Managing Agents or the termination of Managing Agents contracts;
the election of a Chairman;
9.1.8 The confirmation after discussion of the capital expenditure and revenue expenditure budget and determination of subscriptions for the forthcoming financial year
9.1.9 any other business.
10. ORDINARY GENERAL MEETINGS
Any member on due notice (14 days) and through the Chairman may call an Ordinary General Meeting of members
10.1 PRESENCE AT MEETINGS
Each member shall be obliged to be present in person or represented by proxy at the Annual General Meeting and at any Ordinary General Meeting, failing which such members shall be deemed to have voted in favour of any resolution passed at such meeting by the remaining members.
10.2 NOTICE OF MEETINGS
An Annual General Meeting shall be convened on not less than 21 (Twenty One) days notice in writing. An ordinary meeting shall be called by not less than 14 (Fourteen) days notice in writing. The notice shall be inclusive of the day on which it is given and shall specify the place, the day and the hour of the meeting and the general nature of the matter to be discussed; provided that any meeting shall, notwithstanding that it is called by shorter notice than that specified, be deemed to have been correctly called if it is so agreed by all the members.
10.3 VALIDITY OF MEETING
The non receipt of a Notice of the meeting by any person or member entitled to receive such notice, shall not invalidate the proceedings of that meeting, except to the extent that such proceedings have prejudiced, or on the balance of probability would materially prejudice, the financial or proprietary interests of the relevant member who did not receive, nor have received on his behalf, the aforesaid notice.
No matters shall be discussed at any meetings unless a quorum is present when a meeting commences.
For all purposes, the quorum shall be members present in person or by proxy and be not less that 30% of the total number of members.
If within half an hour of the time appointed for the holding of a meeting, a quorum is not present, the meeting shall stand adjourned to the same day in the next week at the same time and place and if at such adjourned meeting a quorum is not present within a half an hour from the time appointed for holding the meeting, the members present shall be a quorum. All members of the Association shall be forwarded notice of such adjourned meeting.
10.6 CHAIRING OF MEETINGS
In the absence of the Chairman of the Association the members shall choose a Chairman of the meeting to preside thereover. The Chairman of the meeting shall keep or cause to be kept minutes of the meeting.
At all General Meetings, resolutions put to the vote shall take place by a show of hands. Voting shall take place in accordance with the following positions:
10.7.1 Each member present in person shall have one vote for every erf registered in his name;
10.7.2 each person present as proxy for a member shall have one vote for every erf registered in the name of the member for whom he is a proxy;
10.7.3 each member and person present as proxy for a member shall indicate clearly how he casts each vote to which he is entitled as aforesaid;
10.7.4 all resolutions shall, except as otherwise provided herein, be by simply majority by those members present in person or proxy at the meeting and voting;
10.7.5 the Chairman of the meeting shall count the votes cast for and against the resolution and shall declare it carried or lost as the case may be;
10.7.6 a declaration by the Chairman of a result of the voting by show of hands and an entry thereof in the minute book of the Association shall be conclusive evidence of that vote;
10.7.7 the Chairman shall not have a casting vote in addition to his ordinary vote.
A special Resolution may be passed at a Special General Meeting and furthermore in accordance with the provisions of 2.13
Should any member be declared incapable of managing his own affairs, or a protocol, or insolvent, or in the case of a company placed into liquidation, such a member may be represented by his curator bonus, trustee, or liquidator as the case may be, who shall be entitled to vote on his behalf, either personally or by proxy.
10 .10 CO-OWNERSHIP
If two or more persons are joint registered owners of an Erf, then in voting upon any question, the vote of the senior, who tenders a vote either in person or by proxy shall be accepted to the exclusion of votes of the other registered owners of the Erf, and for this purpose, seniority shall be determined by the dates of birth of the joint owners as recorded in the Deeds Registry King Williams Town or any other Deeds Office. In the event of an Erf being jointly owned by a natural person, a company, close corporation or trust, then in such event a natural person shall cast a vote on behalf of such Membership. On request such natural person must be in a position to provide documentary written evidence of proof of membership and authority.
10.11.1 Votes may be given either personally or by proxy;
10.11.2 The instrument appointing a proxy shall be in writing in the common form, or any form approved by the Chairman of the Meeting under the hand of the appointer, or his Attorney or Agent duly authorized in writing, or if such appointer is a company or close corporation, under the hand of an officer/member duly authorized on their behalf;
10.11.3 Such proxy must be delivered in writing to the chairman 48 hours before the commencement of the called annual or ordinary general meeting.
10.12 COMPANIES, CLOSE CORPORATIONS OR OTHER ASSOCIATIONS
Any Company, Close Corporation, Trust or other Association which is a member of the Association may, by resolution of its Directors, Members or other governing body, authorize such a person to act as its representative at any meeting of the Association and the person so authorized shall be entitled to exercise the same powers on behalf of the Company, Close Corporation, Trust or other Association which he represents at that Company, Close Corporation or Association could exercise if it were an individual member of the Association.
Resolutions may be taken by the Association other than in General Meeting, provided that they are in writing and signed by all members or by their representatives.
11. THE STATUS OF THE ASSOCIATION
11.1 The Association shall be an Association with legal personality, capable of suing and being sued in its own name;
11.2 None of the members in their personal capacities shall have any right, title or interest to or in the property, funds or assets of the Association; and
The Association shall not be for profit, but for the benefit of the owners and occupants of immovable property situate in the development;
11.4 The Association shall have the right to acquire, hold and alienate property both movable or immovable.
12.1 The Association shall be entitled to levy subscriptions from its members to defray the costs of managing and administering the Association and for the purpose of meeting all the expenses the Association has incurred or will incur this will include maintenance of common areas security and the employments or procuring services that are necessary to maintain the estate excluding members homes and gardens. Such subscription must be fixed by the association in general meeting and collected in advance monthly or annually as determined by the association in general meeting. A member shall, however, only be obliged to pay a pro rata portion of the Annual Subscription where his membership has been for a portion of a month.
The Association shall be entitled, at its discretion, to increase the subscriptions from time to time and to vary the timing for payment thereof.
12.3 The Subscription for any month becomes due and payable by each member from the date of registration of transfer of the Erf into his name, the monthly subscription to be determined as aforesaid in clause 11.1 above.
12.4 Any amount due by a member by way of a subscription shall be due by him to the Association. A member's successor entitled to an Erf in the Development shall be liable as from the date upon which he becomes a member pursuant to transfer of that Erf, to pay the subscription attributable to that Erf. No member shall transfer his Erf in a Development until the Association has certified that the member has, at the date of transfer, fulfilled all his financial obligations to the Association.
If the subscription of a member is not paid within 90 (Ninety) days of due date, then such subscription shall become delinquent and the Association may institute legal proceedings against the member for the recovery thereof and the costs of such proceeding (on an attorney/client scale) shall be added to the subscription.
No member will be entitled to the use of his property either by himself or a lessee or any other person whatsoever if the monthly subscriptions remain unpaid for 90 days or longer. Access to the property will only be restored once all subscriptions are paid up. The decision on this matter by the chairman is full and final and not subject to appeal.
12.6 A member whose subscription is delinquent shall not be entitled to vote at any General Meeting or to serve as a Chairman of the Association until such arrear subscription has been paid.
13.1 Proper books of account of the administration and finances of the Association shall be kept by the Association at the domicilium of the Association or such other place or places as decided on by the members in general meeting.
13.2 The Chairman of the Association shall cause to be laid before the Association in
the Annual General Meeting, books of account, balance sheets, income and expenditure account, and subscription budget for the next financial year and reports of the Association.
The Executive Committee shall have the power to make rules not inconsistent with the HOA constitution for the regulation of good relationships between members or in promotion of the objects of the association.
The rules must be approved by members in general meeting.
15. STATUS OF DEVELOPER
15.1 Until such time as all Erven in the sub-division of erf , Municipality of Buffalo City, Division of East London, Province of the Eastern Cape, have been sold and transferred by the Developer , the following provisions shall apply in addition to the conditions in these presents:
15.1.1 The Developer shall be entitled:
126.96.36.199 to a number of votes equal to the number of remaining
unsold Erven at any time;
188.8.131.52 to require that the Executive Committee enforces the rights granted to it in terms of these presents against any Member who, in the sole opinion of the Developer, is not complying with his obligations as a Member, and in particular, within restricting the generality of the aforegoing, has failed to maintain the exterior and aesthetic appearance of the dwelling constructed on his Erf by giving such Member written notice in which his failure to comply with the particular provisions of these presents is detailed and calling upon him to remedy such failure within a prescribed period of not more than 30 (thirty) days, failing which, the Developer shall be entitled at the sole cost of that Member to carry out all such work as may be required to maintain the exterior and aesthetic appearance of the dwelling;
15.2 Neither the Executive Committee nor any Member of the Association shall prevent or hinder in any way the Developer from:
15.2.1 gaining access to and egress from , Local Municipality of Buffalo City, Division of East London, Province of the Eastern Cape;
15.2.2 continuing its building operations at , Local Municipality of Buffalo City, Division of East London, Province of the Eastern Cape;
15.2.3 marketing and selling any of the unsold Erven;
15.2.4 generally from carrying on its business operations;
provided that the provisions of this clause 15 shall not be interpreted as allowing the Developer access onto any of the Erven already transferred to a Member unless 48 (forty-eight) hours prior written notice has been given to the Member concerned. The Developer shall make good any subsequent damage to plants, property or improvements thereon to the satisfaction of the Member. No Member shall be entitled to refuse the Developer access if the required notice has been given.
15.3 Upon the transfer of the last Erf, from the Developer to a Member, the rights of the Developer in terms of the provisions of this clause 15 shall immediately terminate ipso facto and no longer be of any force and effect.
16. Domicilium – Still to be specified
I PALM SPRINGS ESTATE HOMEOWNERS ASSOCIATION - INITIAL RULES
1.1 NO NUISANCE
A member will not do or suffer to be done on the property anything which in the opinion of the Association is noisy, unsightly, objectionable, and detrimental or a public or a private nuisance or any sort of damage or disturbance to any owner or lessee of erven in the Development.
1.2 NON COMPLIANCE
If any owner or lessee of any property in the Development, by act or omission, commits a breach of these or any subsequent rules, the Association may give such owner written notice to make good the breach within a time specified in the notice at his own cost, and upon his failure to do so, the Association or any authorized person, may enter upon the property to take the necessary action to make good the breach, which action shall be in the entire discretion of the Association at the cost of which action may be recovered from any persons served with such notice. The aforesaid action will include, but not be limited to, the obtaining of gardening consultants or services.
2. APPROVAL OF BUILDING PLANS
All building plans, repainting and renovation plans are to be approved by the Homeowners Association, represented by the directors which shall be, in writing before being submitted for municipal approval.
2.1 With effect from the date of first purchase of the stand the first purchaser shall complete the building of the dwelling on the stand to the satisfaction of HOA within 4 years. A subsequent purchaser shall be required to complete the building in such lessor time so that the building is complete within the four years from the date of the first purchase.
All buildings on the property, including all walls, fences, gates and other structures, as well as gardens and courtyard areas exposed to public view, must be maintained in a neat and tidy condition, and in a state of good order and repair and every effort made to screen them from the public areas.
The overall theme of the estate is as follows:
The style must synchronize with the natural surroundings through the uniform mixed use of material enhancing and blending with the environment.
The locality and environment must be preserved through the implementation of approved plant vegetation to the landscaping of each individual home. Buildings shall be incompliance with the Record Of Decision ( ROD ) issued by the relevant municipality.
4. BUILDING ELEMENTS AND MATERIAL
4.1 House: House designs must remain within the following guidelines:
4.1.1 No dwelling area may be smaller than 100m2 excluding outbuildings.
4.1.2 The height restriction for buildings is 8,5meters with an overriding condition that not more than 30% of the view of the houses affected by the building shall be impaired. There will be height restrictions on stands 17 18 19 & 20 so there will be minimum affect on views from plots 27 28 29 & 30.
4.1.3 Buildings may not exceed more than 50% (fifty percent) of plot size, and building restrictions of 5 meters on front and 3 meters on side and back boundaries
4.1.4 Only one dwelling may be erected on a site
4.1.5 All external walls to be painted from PLASCON "Natural Neutral Inspirations" range, Earthcote 'N' range, Earthcote 'Off-white' range or similar range or colour approved. (Note that details and codes of colour specifications are required with application submission)
4.1.6 No facebrick.
4.1.7 Plastered and painted walls allowed or bagwalled and painted
4.2 Roofs: Roof designs must remain within the following guidelines:
4.2.1 Double pitch roofs between 30 and 40 degree pitch.
4.2.2 Mono pitch roofs between 15 degrees and 20 degrees.
4.2.3 Flat roofs may not exceed 20% of overall coverage.
4.2.4 No thatch
Roofs shall be coloured dark green or charcoal
4.2.6 Antenna for TV etc shall be discreet in installation and shall be authorized by the HOA
4.3 BOUNDARY WALLS:
No boundary walls will be allowed. An area behind the house may be enclosed for purposes of a private area.
The height of such wall may not exceed 1.8 meters, and must be approved by the HOA.
5. ENVIRONMENTAL MANAGEMENT
5.1. No rubble or refuse should be dumped or discarded in any public area.
5.2. An appeal is made to residents to leave open spaces they visit unharmed. Residents are requested to develop the habit of picking up and disposing of any litter in the open places.
5.3. Residents must ensure that there is no declared noxious flora in their gardens.
5.4. Residents are recommended to plant indigenous flora and can approach specialists from the area for advice. Any trees to be planted must be agreed by the HOA
5.5. Vacant stands must be kept clean on a regular basis to the satisfaction of the HOA, and if not maintained, the HOA reserves the right to clean the stand at the owner's expense.
5.6. The residents' use of open areas is entirely at their own risk at all times.
5.7. Feeding of birds: Residents may install birdfeeders and birdbaths which are ecologically and aesthetically acceptable. The HOA decision on any dispute in this regard will however be final.
5.8 River Estuary: No power boating will be allowed by residents or visitors. Fishing will only be allowed in compliance with the laws of the D E A T.
5.9 Motorbikes and Quadbikes may only be ridden on the estate for purpose of entry and exit from the Estate.
6. ROADS WITHIN THE DEVELOPMENT
The roads within the Estate are for the movement of all occupants, whether by foot or mechanical means. The speed limit on the roads within the development is 20 km/h. Speeding and reckless driving will not be tolerated.
Pets will be permitted on the estate subject to the approval of the HOA
8. LETTING AND RESELLING PROPERTY
8.1. Should any owner want to let or resell the property, he shall advise the Directors in writing in advance.
8.2. The appointed Estate Agent must ensure that the Buyer/Lessee is informed about and receives a copy of the Rules & Regulations, Building Guidelines and any other administrative regulations and conditions applicable at the time with regard to Building Contractor activity.
8.3. A clearance certificate must be obtained from the HOA certifying that all subscriptions (levies) have been paid and no other monies are owing to the HOA.
8.4. Any approval/condition granted to the Seller (in case of resale) or Lessor by the HOA, prior to the time of sale or lease must be communicated to the Buyer or Lessee at the time of purchase or lease. Failing this, the Buyer or Lessee will have recourse against the Seller or Lessor and the HOA will have no responsibility/liability for non disclosure.
8.5. The Seller or Lessor of a property in the estate shall ensure that the sale or lease agreement contains the following clauses:
8.5.1 SALE AGREEMENT: HOME OWNERS' ASSOCIATION
The Purchaser acknowledges that he/she, upon registration of the property into his/her name automatically becomes a member of the Home Owners' Association and agrees to do so subject to the Palm Springs Estate Homeowners Association Constitution."
8.5.2 CONDITIONS OF TITLE:
The Seller shall 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 transfer of the property: "Every owner of the stand or any interest therein, or any unit thereon, shall be subject to its HOA constitution until he ceases to be an owner as aforesaid. Neither the stand, nor any interest therein, nor any unit thereon, shall be transferred to any person who has not bound himself to the satisfaction of such Association to become a Member of the Home Owners' Association. The owner of the stand, or any interest therein or any unit thereon, shall not be entitled to transfer the stand or any interest or any unit thereon, without a clearance certificate from the Home Owners' Association that the provision of the Articles of Association have been complied with" The term "Home Owners' Association" in the aforesaid conditions of title shall mean the Home Owners' Association. In event of the Registrar of Deeds requiring the amendments of such conditions, in any manner in order to effect registration of same, the purchaser of same hereby agrees to such amendment. The seller must personally ensure that the buyer is informed about and receives a copy of the Rules & Regulations, Architectural Guidelines and any other administrative regulations applicable at the time.
Plots may not be subdivided will also be a condition of Title
9 LEASE AGREEMENT:
"The Lessee acknowledges that upon occupation of the premises, he/she and his/her family, his/her visitors and staff shall adhere to the rules and regulations as contained in the Rules and Regulations of the Home Owner's Association. The Lessor must personally ensure that the Lessee receives a copy of these Rules, and any other administrative regulation applicable at the time and binds the Lessee to the rules and regulations in the lease. It is the responsibility of the lessor to ensure compliance with this agreement and the lessor shall be liable for the consequences of non compliance
THIS AGREED TO AND SIGNED AT _______________________ ON THIS THE
____________ DAY OF _______________________2009, in te presence o the undersigned witness :
For and on behalf of
|Malcolm Stewart (Project Manager) +27 (0)82 440 9400|