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CONTRACTS

HOME OWNERS' ASSOCIATION RULES AND REGULATIONS

A. INTRODUCTION

1. The primary objective of the Buffelskloof Eco Reserve Home Owners' Association (hereinafter referred to as the (“Association” ) is to provide a high quality lifestyle for its residents and/or homeowners (hereinafter) referred to as (“Members”), in a natural environment on Buffelskloof Eco Reserve (hereinafter) referred to as the(“Reserve”/”Development”). The intention and objective of these Rules and Regulations (hereinafter referred to as the “Rules” ) is the protection of this lifestyle by adhering to Architectural Standards and conserving the natural environment. Harmonious community living is achieved when Members use and enjoy their private property, together with the public areas of the Reserve in such a manner as to enable other Members also to use and enjoy the facilities available.

2. The Rules will be ratified and incorporated into the Memorandum and Articles of Association of the Buffelskloof Eco Reserve Home Owners' Association. The Rules are binding upon all Members and occupants of the Reserve, as is any decision taken by the appointed Directors of the Association (hereinafter referred to as the (“Directors”) in interpreting these Rules.

3. The registered owners of the properties are responsible to ensure that family members, tenants, guests/visitors, friends and all their employees abide by these Rules.

4. These Rules are subject to change from time to time.

5. As this is a Development which will not be managed and controlled directly by the Local Authority, all essential services will therefore be under the control of the Association or alternatively the appointed Managing Agent and will include, inter alia , the following:

5.1 The Association will be obliged to maintain the roads within the Reserve as well as the access road from the main public road. The road network will however be constructed by the developer and will thereafter be maintained by the Association.

5.2 The Association will be responsible to supply and maintain potable water to the boundaries of all erven. The water reticulation system will be constructed by the developer and will thereafter be maintained by the Association.

5.3 As electricity power lines are available the developer will install electricity reticulation system from ESKOM in phases 1 thru 4 (stands 1-99) and supply it to the boundaries of each erven. Management of the supply will be the responsibility of the Association. Alternative eco friendly energy sources will be considered in phases 5 thru 7.

5.4 A Sewage system will be specified by the developer and will be included in the cost of each erven. The sewage system will be constructed by the developer and will thereafter be maintained by the Association. The cost of which will be included in the monthly contribution of each Member.

5.5 A Refuse removal system will be determined by the Association and the cost of this service will be included in the monthly contribution of each Member.

5.6 Emergency fire-fighting services will be maintained, managed and controlled by the Association.

5.7 All other services that may be required to effectively manage and operate the Reserve, including employees or managing agents will be employed or appointed by the Association.

5.8 Environmental Management of the reserve will be the responsibility of the Association. The fauna on the reserve remain the property of the developer until such time as the developer transfers this ownership to the Association. Any returns on the sale of excess game will be used to increase the species of game on the reserve.

B. ADMINISTRATION

All contributions and/or monthly contributions by the Members of the Reserve towards the Association are due and payable in advance on the first day of each and every month.

Interest will be levied on arrear accounts at the legally prescribed rate.

A further penalty of R75, 00 per month will be imposed on any account unpaid after 60 days, until such time as when the account has been paid in full.

The Members may, as and if deemed necessary, amend or add to the Rules from time to time in order to ensure the happy and orderly co-existence of members and occupants.

The Directors have the right to fine transgressors where any of the Rules as stipulated by Buffelskloof Eco Reserve Home Owners' Association have been broken. Such fine will form part of the contribution and be due and payable on due date of payment of the contribution. This will however not jeopardize or exclude any other right of the Association or any other person or entity to institute action against the transgressor in terms of the Law.

A penalty, (initially set at R1000 per month) and further to be determined by the Directors and calculated on a daily basis according to tariffs determined by the said Directors, will be imposed on a Member should the construction of the improvements (dwelling) on his/her erven not commence within 3 (three) years from the date of first registration and transfer of ownership to the first owner (purchaser) of the specific erven. If the construction is not completed within 1 (one) year from commencement thereof, the owner will also be subject to the payment of a penalty, calculated as aforementioned.

C. ENVIRONMENTAL MANAGEMENT

The Reserve will be managed according to the Environmental Management Plan established by the consulting ecologists. This will cover inter alia veld condition assessment, veld monitoring programme, veld burning, water point rotation, game censuses and game introduction/removal. The developer will ensure that an appropriately qualified person is appointed to implement this management plan.

No rubble or refuse should be dumped or discarded in any public area.

A particular appeal is made to Members to leave all areas they visit spotless. Members are requested to develop the habit of picking up and disposing of any litter in the common areas.

Garden refuse shall be removed by Members at their own cost to an area designated by the Association for later disposal or alternatively by the Association at the expense of the Member.

No borehole or wells may be sunk on any erven or property within the Reserve.

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

Fauna of any nature may not be hunted, teased, disturbed, chased or trapped be it by people or by animals.

No trees or plants may be removed from any erven within the Reserve without the permission of the Association.

Members must ensure that there is no declared noxious flora on their erven.

Members may only plant flora indigenous to the area. A list of suitable plant species will be included in the Environmental Management Plan.

Swimming pool water may not be emptied onto the grass veldt areas but must be channeled into an underground drainage system as prescribed by the Association.

Vacant erven must be kept clean on a regular basis to the satisfaction of the Association and if not maintained, the Association reserves the right to clean the erf at the Member's expense.

Members may not make any excavations or remove any soil, rocks, wood or other materials from anywhere on the reserve unless authorised by the Association. Specific note should be taken that the Iron Age sites and old cattle/sheep/pig enclosures may NOT be disturbed in any manner.

No new roads may be made unless authorised by the Developer and Association.

Fires may only be made in a properly constructed fireplace.

No vehicle will be allowed in riverbeds or any part of the Reserve other than on clearly defined roads.

No camping will be permitted, except at a site which may be specifically designated for the purpose by the Association.

No person shall, anywhere in the Reserve, discharge any firearm, except in self-defense.

No fireworks may be brought into the Reserve.

The Members' use of open areas is entirely at their own risk at all times.

Feeding and luring of game and birds:

21.1 Members may install birdfeeders and birdbaths, which are ecologically and aesthetically acceptable. The Home Association's decision on any dispute in this regard will however be final.

21.2 Feeding of any other wild animal or game, whether on the general or private areas, is absolutely forbidden as this will make proper game management impossible or extremely difficult and could be dangerous to Members and visitors. This clause is also applicable to creation of waterholes and drinking places for game. Positioning of these and feeding places is totally within the discretion of the developer.

Dams and streams:

22.1 No motorized boat, wet bike, jet ski or other floating object is allowed on any dam or stream.

22.2 Canoes and rowing boats and swimming will only be allowed in areas designated for that activity by the Association. The main purpose of this is to preserve the privacy and peace and quiet of erven on the dams and streams.

22.3 Fishing will only be allowed in areas designated for that activity by the Association and will only be allowed on a catch and release basis.

D. ROADS WITHIN THE RESERVE

The roads within the Reserve are for the use of all Members, whether by foot or by mechanical means.

1. The speed limit is 30 km per hour within the Reserve and 40 km per hour on the main access road. In the event of these limits not being adhered to, the Association reserves the right to introduce further speed limitation measures.

2. Save where inconsistent with these Rules, the Road Traffic Act, No. 29 of 1989, applies.

3. Only roads designated by the Association, in conjunction with the developer, may be travelled on by motor vehicles. Other roads may be travelled on by bicycle or by foot.

4. Only motor vehicles or approved quad bikes with low noise output and no motorcycles will be allowed.

5. No person shall drive any vehicle at any place within the Reserve unless he/she is the holder of a valid current driver's license, which would permit him to drive such vehicle upon a public road within the Republic of South Africa .

6. Pedestrians and animals shall have the right of way in all places and at all times.

7. Each Member will be allowed to travel on the roads, for purposes of game viewing and leisure, in 1 (one) vehicle per household at a time.

8. No caravans shall be brought into the Reserve except with the consent of and/or subject to such conditions as may be imposed by the Association.

9. No person shall park or store any caravan, boat, trailer or truck in the Reserve, except with the consent and at a place designated for the purpose by the Association.

E. GOOD NEIGHBOURLINESS

1. No business activity or hobby, which would cause aggravation or nuisance to fellow Members, may be conducted within the Reserve, including, but not limited to auctions and jumble sales.

2. No activity causing noise that is disturbing to neighbours will be allowed. Mechanical maintenance work, including the use of power tools and lawn mowers, is only permitted between the following hours:

Monday to Thursday 06h00 – 18h00

Fridays 06h00 – 15h00

3. Washing should be hung on lines screened from the roads and neighbouring properties.

4. Refuse and garden refuse must be contained in approved bins on designated positions and must be secured against damaging by rodents or wild life.

5. No advertisements or publicity material of any person, including maintenance contractors, may be exhibited or distributed without the consent of the Association. The Association shall have the right to remove any material exhibited or distributed in contravention of this Rule.

F. ARCHITECTURAL STANDARDS

All building plans should be in accordance with the Architectural Guidelines applicable to the Development and must be approved by the Architectural Sub-committee. This includes any additions and/or alterations to existing structures. Architectural Guidelines are attached as "Annexure C". Only building plans drawn up by the approved architect/s will be allowed.

G. SECURITY

1. Security protocol at the gate must be adhered to at all times.

2. Each Member must conscientiously enforce the security protocol for permanent workers, temporary workers, contract representatives and his employees.

3. Each Member must ensure that all contractors in his/her employment adhere specifically to the security stipulations and the conditions with regard to contractor activity.

4. Perimeter walling and fencing serve as a deterrent and are not guaranteed. All attempts of burglary or instances of fence crawling must be reported to a member of the security staff, and/or sub-committee.

5. Security is an attitude, all Members and residents need to enforce and apply security to make it work. Do not hesitate to question suspicious persons.

6. Should Members install burglar alarm systems to their residences, they are required to be compatible with the security system.

7. Where possible, the security at the gatehouse should be advised in advance of the pending arrival of visitors. No non-member or vehicle for whatever reason shall be permitted entry without the consent of the host member at the time which entry is sought. The above restriction will, however, not apply to emergency vehicles.

H. VISITORS, CONTRACTORS AND EMPLOYEES

1. The Members and occupiers of any property within the Reserve are liable for the conduct of their visitors, contractors and employees, and must ensure that such parties adhere to the Rules.

2. Every Member must ensure that contractors in his employ adhere to the stipulations of the conditions with regard to contractor activity.

3. The owner of a dwelling may not allow more than 4 (four) adults per bathroom to overnight in his dwelling, exclusive of staff.

4. Any servant or staff member will only overnight on the property when the owner, or other residents authorized by the owner, themselves overnight in the dwelling on the stand.

I. PETS

1. No pets of whatsoever nature is allowed within the Reserve and nobody will be allowed into the Reserve with a pet.

2. Horses will be allowed if and when Association has provided stabling on the general area. No stables may be built on an erven and horses will not be allowed to graze on the Reserve.

J. LETTING AND RESELLING PROPERTY

1. Should any Member wish to let or resell his property, he shall advise the Association in writing in advance. All re-sales and letting shall be done through an entity as appointed by the developer. All re-sales shall attract a 3% (three percentage points) levy/sales commission on the selling price (excluding VAT) in favour of the Home Owners Association to compensate for the general services and infrastructure which form part of the “value” of the property being sold.   

2. Only an entity or accredited Estate Agent approved by the developer may be selected to manage the sale or lease. Agents may only operate on a "by appointment" basis, and must personally accompany a prospective buyer or lessee and are not allowed to erect any "For Sale" or "To Let" signage boards.

3. The accredited agent must ensure that the buyer/lessee is informed about and receives a copy of the Rules, Building and Architectural Guidelines and any other administrative regulations and conditions applicable at the time with regard to Building Contractor activity.

4. The seller must obtain a clearance certificate from the Association certifying that all levies/contributions have been paid and no other monies are owing to the Association.

5. Any approval granted to the seller (in case of resale) or lessor, 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.

6. The seller or lessor of a property in the Reserve shall ensure that the Sale or Lease Agreement contains the following clauses:

SALE

1. “HOME OWNERS' ASSOCIATION

The purchaser acknowledges that he/she, upon registration of the property into his/her name automatically becomes a member of the Buffelskloof Eco Reserve Home Owners' Association and agrees to do so subject to the Memorandum and Articles of Association and Rules and Regulations."

2. “ARCHITECTURAL GUIDELINES "

The seller must personally ensure that when he sells his property the buyer is informed about and receives a copy of the Rules, Architectural Guidelines and any other administrative regulations applicable at the time.

LEASE

“The lessee acknowledges that upon occupation of the premises, he/she and his/her family, his/her visitors and servants shall adhere to the rules and regulations as contained in the Rules and Regulations of the Buffelskloof Eco Reserve Home Owners' 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."

K. INDEMNITY

The Members' use of the open space areas is entirely at their own risk at all times. Every Member of the Association hereby waives any right he may obtain against the Association to claim any damage incurred by virtue of damage to or loss of property or the personal injury of the Member occasioned while anywhere in the Reserve. Every Member indemnifies the Association against any such claim made by the Member's spouse, child, parent, servant, guest or invitee.

L. NOTICES

Any written notice addressed to a Member or occupant of the property will be deemed to have been received and its contents to have come to the addressee's notice if it is (at the volition of the Association) either delivered at the property to any person seemingly in occupation of the property and seemingly fourteen years of age or older or if it is attached to or slotted under what appears to be the main entrance door to the premises. If it is posted by prepaid registered mail to any postal address of which the owner may have advised the Association in writing, then 10 (ten) days after posting thereof.

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Contact:
Leon Lourens @
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