GATEWAY MANOR HOUSE RULES 1 st November Gateway Manor Estate Rules 1 November Amended 29 February 2012 Page 1

Transcription

1 GATEWAY MANOR HOUSE RULES 1 st November 2011 Amended 29 February 2012 Page 1

2 GATEWAY MANOR HOUSE RULES IT IS THE DUTY OF EVERY OWNER/RESIDENT/AGENT TO FAMILIARISE THEMSELVES WITH AND ABIDE BY THE RULES OF CONDUCT. 1 INTRODUCTION These Rules, which the Directors may change from time to time, have been established in terms of the Articles of Association of the Homeowners Association (HOA). They are binding upon all residents in the Estate, as is any decision taken by the Directors in interpreting these rules. The registered owners of the properties are responsible for ensuring that members and their families, tenants, visitors, friends, contractors and all their employees abide by the Rules. The purpose of the rules is to further a peaceful and pleasant community life for all residents while maintaining a high standard in the estate s appearance thus adding value to all properties in the estate. Applications for deviations from these rules must be submitted in writing to the HOA, whose decision will be final and binding. The inclusion or omission of reference to any other restrictions on behaviour or ownership does not in any way alter the responsibility of every Owner to comply with each and every law, ordinance or by-law which may apply. Furthermore, while the Trustees and management will make every reasonable effort to enforce the provisions of the rules, any failure on their part to pursue matters to finality shall not give rise to any claim (whether legal or otherwise) by any person against the Trustees or management or any other functionary of the GMHOA, who shall not carry any liability in this regard whatsoever. Any owner has the right to take action themselves, whether civilly or criminally, against any person who is in breach of these provisions where the GMHOA has declined, in writing, to do so. No owner shall at any time instruct, reprimand, interfere with or distract any employee, contractor or sub-contractor retained by GMHOA to provide security or any other service to the Estate, nor shall any owner touch, handle, tamper with or move any vehicle, machinery, tool, radio, computer or any other item used by such providers of service, irrespective of whether such item belongs to the association or not. 2 USE OF STREETS 2.1 The speed limit on all streets is 30 km/h. 2.2 The use of vehicles and motorbikes with noisy exhaust systems or engines are prohibited. Normal statutory traffic laws are applicable in the Estate. 2.3 The Trustees have the right to prohibit the use of an unlicensed vehicle within the Estate. Amended 29 February 2012 Page 2

3 2.4 All users of the roads within the Estate must practice restraint insofar as excessive engine noise, hooting and/ slamming of doors is concerned, particularly between the hours of 22h00 and 06h Motor vehicle sound systems must be turned down when driving within the Estate. 2.6 Motor vehicles parked on roads and designated parking areas, are parked at the sole risk of the owner of the vehicle. 3 MAINTENANCE AND SIDEWALKS All owners have a responsibility to:- 3.1 Develop and maintain the area between the road curb and their property boundaries; and 3.2 Maintain and paint, where necessary, property boundary walling; and 3.3 Ensure that caravans, wash lines, wendy houses, tool sheds, mechanical equipment or parts thereof and accommodation for pets are sighted out of public view and screened from the street, as well as from their neighbours. 3.4 No trees, plants or sidewalk lawn may be removed without the permission of the HOA. Planting should not interfere with pedestrian traffic or obscure the vision of motorists. Preference should be given to the propagation of indigenous trees and plants over exotic specimens. No large rooted-trees may be planted on the sidewalks, within 3 metres of the roads. 3.5 If owners neglect their sidewalks the HOA will have the right to rectify the neglect and recover the costs from the owner within 7 working days of notification by the HOA. 3.6 All households need sufficient Wheely Bins, as approved by and obtainable from the local authority, for their refuse requirements. Wheely Bins shall be stored so as not to be visible from Common areas, except on refuse collection days. 3.7 Numerous open areas have been provided to enhance the residents lifestyle. Residents and their visitors should leave parks as clean as or cleaner than they found them. Picnics are encouraged, but the lighting of fires or braais is prohibited. 3.8 Playground equipment is to be used with care and only by children under the age of 12 years. 3.9 Generators, external air conditioning units and equipment must be concealed from view and noise levels must not be a disturbance to neighbouring residents Small satellite dishes and T.V. aerials shall be discreetly positioned wherever possible to meet the approval of neighbours and the board Swimming pool backwash must be connected to the sewer system and NOT to storm water drainage pipes or discharged directly onto the roadways. Amended 29 February 2012 Page 3

4 3.12 When painting the exterior of your home, management must first be consulted to confirm that the colour selected falls within the approved range Save for motor vehicles parked on the road, no motor vehicles, boats, trailers, golf carts, garden furniture or any other item shall at any time be parked in parks, walk-throughs or any other common area without prior written consent of the Managements No golf carts, caravans or trailers of any sort may be parked within the estate for longer than 48 hours Because of limited space on the size of stands, no caravans, boats and trailers will be permitted on the Estate, unless they are housed within a garage. 4 DOGS AND OTHER ANIMALS 4.1 Residents may not keep more than 2 pets (dogs or cats) per housing unit and have a responsibility to ensure that their dogs and/or animals are not the cause of disturbances during reasonable night time sleeping hours. 4.2 Dogs will not be allowed into open areas without the use of a leash. 4.3 Defecation of pets must be removed by the owner immediately otherwise a removal fee of R will be charged. 4.4 Owners/residents should address complaints of disturbances caused by dogs to the owner or person who provide accommodation to the dogs, the SPCA or SAPS and copy the HOA. 4.5 No live poultry, pigeons, wild animals, livestock or similar may be brought onto or kept on the Estate at any time, unless the by-laws make provision for such activity. 4.6 Fireworks are not permitted on the Estate. 4.7 Every pet must have and wear a collar and tag indicating contact details of the owner and/or a SPCA tag. 5 ESTATE SECURITY 5.1 In the interest of providing an effective security system, the rules relating to security as laid down by the Directors from time to time shall be adhered to at all times, and residents shall at all times treat the security personnel in a co-operative and patient manner. 5.2 Experience has shown that when there is construction in an estate, the residents are more vulnerable. Together with the security company, the HOA has adopted a strict strategy to monitor builder access and activities to ensure the safety of residents and their property. In line with this strategy, the HOA has approved and accredited 3 registered building contractors who will conduct all construction in the Estate according to the Estate Rules and requirements. No owner/builder or owner/sub-contractor situation will be permitted by the HOA. Amended 29 February 2012 Page 4

5 5.3 Estate security is designed to function as follows: to provide an access control system. (Residents are ultimately responsible for their own safety and protection of their own private property); access control will be manned 24 hours per day; on application residents will be issued with access at a fee determined by the Directors from time to time the security guard will allow vehicles with residence sticker s access to the Estate; residents who are not in possession of a resident sticker must sign the Access Control Register every time they wish to enter the Estate; contractors having business in the Estate together with their permanent and temporary workers will be issued with temporary contractor s access permits and temporary contractor s employee access permits. There are special conditions applicable to contractors, a copy of which is obtainable from the HOA. A fee determined by the Directors from time to time is payable in respect of these access permits; where possible, the security access control at the gate should be advised in advance of the pending arrival of visitors, and particulars relating to vehicle registration numbers and property to be visited; at night, the Estate will be patrolled by security guards; all residents, tenants, night watchmen and other persons who reside in the Estate must register with the security centre and complete the required data sheets; the perimeter wall and electric fencing serve as a deterrent and detection function and are not guaranteed to prevent a determined attempt at intrusion into the Estate No contractors or their staff will be allowed to stay on the Estate outside the allocated construction hours and days. Workers must be transported in and out and supervised on site by the contractor. 5.4 Residents are strongly discouraged from employing unknown casuals, gardeners and/or other categories of casual workers in the Estate. Identity documents are compulsory for entry into the Estate and a copy must be retained by the resident. 5.5 No firearm, pellet gun, catapult, bow and arrow or any other weapon may be used on the Estate, without the approval of the Board. 5.6 For Security and control during the Estate s development period, the HOA will only permit a maximum of 3 developers to actively build on the Estate at one time. One developer may Amended 29 February 2012 Page 5

6 exclusively build Res 3 apartments only and two developers may exclusively build on Res 1 and 2 stands only. 6 PRIVATE SECURITY 6.1 Residents/Owners are welcome to employ private security companies should they wish to do so; this however in no way excludes them from membership obligations as members of the HOA. Residents/Owners are reminded that personal security remains the responsibility of each Resident/Owner. 6.2 Residents/Owners must ensure that security board size may not exceed ISO A3 parameters. 6.3 No more than 1 (ONE) ISO A3 security board may to be placed on the perimeter walls of an Erf. The HOA will remove, and dispose of any excess boards. 6.4 Should residents wish to install extra security measures on their property; these must not include a siren, as sirens are not permitted on the estate. 6.5 The installation of burglar bars and trelli doors will be permitted on the inside of the windows/doors. The board must be provided with the design, colour and details for approval. 6.6 Where trelli doors and security doors cannot be fitted on the inside as provided for in Rule 6.5, a request can be made to the board to approve an outside fitted security door. Balconies may not be enclosed with security doors. 7 SELLING, RESELLING AND LETTING OF PROPERTY The following rules shall be applicable to the selling, reselling and letting of property in the Estate:- 7.1 the seller/lessor of property must ensure that their estate agent registers with the Homeowners Association by submitting the prescribed application form prior to commencing with any selling, reselling and letting activity; 7.2 the seller/lessor of property must ensure that his or her estate agent makes the Gateway Manor House Rules available to any prospective buyer/tenant and provides the HOA with signed proof that a copy of these has been received by the buyer/tenant; 7.3 estate Agents must operate on an On Appointment basis and must personally accompany prospective buyers/tenants into the Estate; 7.4 if properties are to be on show over weekends, agents must advise the Estate Supervisor of the details of the property before 12H00 AM on the Thursday preceding the show weekend. The onus will be on the agent to ensure that the information provided is correct. The Estate Supervisor will advise each agent of the number of pointer boards which may be erected on the sidewalk on that weekend in respect of each property. This signage can only be erected after 12H00 on a Friday and must be removed by 10H00 the following Amended 29 February 2012 Page 6

7 Monday. Failing to adhere to this the Estate Supervisor will remove and impound the boards and impose a penalty payable by the agent before the boards can be returned; 7.5 it is the responsibility of owners to ensure that NO for sale or to let board be erected on their property; 7.6 illegal boards will be removed by the HOA, and disposed of. 7.7 Should a tenant breach the Estate rules, the GMHOA or management may take such action as they deem necessary or expedient at the cost of the offsite Owner concerned, to rectify the situation. 7.8 A clearance certificate must be obtained from GMHOA at a cost which will be advised by GMHOA on application and which may change from time to time. 7.9 Any written approval in terms of the rules granted to the seller (in case of a re-sale) or lessor, prior to the time of sale or lease must be communicated to the buyer or lessee at the time of purchasing or lease. Failing this approval, the buyer or lessee will have recourse against the seller or lessor and not against GMHOA Should any owner let their property they shall, in writing, advise GMHOA of the name, contact number of the lessee, and the lease period. The owner is obliged to inform the lessee of the Estate rules and regulations and bind the lessee to conform therewith. A copy signed by the lessee must be delivered to the Estate Office prior to occupation The exclusive developer of the residential 1 and 2 properties and building packages has been given permission by the HOA to employ a fulltime sales team on site with a sales office, show house and the relevant sales material and bill bards both outside and on the estate. The developers of the residential 3 properties have also been given permission to market their properties on a view and show basis as well as bill boards at the entrance The HOA will only permit one sales agent or one developer to have a sales office on the Estate. 8 GENERAL MATTERS 8.1 Levies All levies are due and payable in advance on the first day of each calendar month Interest will be raised on all accounts in arrear at an interest rate determined by the Directors from time to time The Directors may levy a penalty for the issuing of letters of demand at a rate determined by the Directors from time to time. Amended 29 February 2012 Page 7

8 8.1.4 The Directors will hand over for collection all outstanding levies 45 (forty five) days and over, plus the defaulting owners current levies, interest and penalties. Costs will be for the account of the owner The Directors can approve the temporary disabling of access permission if the levies payable by an owner are in arrears. Such owner will only be allowed access to the Estate after completing and signing of the Access Control Register. Access will be enabled by the Estate Manager within 24 hours after proof has been provided that the full outstanding account has been settled No construction may take place or continue if and when levies are in arrears The board would like to encourage all members to pay their levies via debit order. This method will assist in the smooth running of the collection of levies as well as creating harmony between the managing agents and the members. 8.2 Amendments to the Conduct Rules The Directors may amend or add to the Estate Rules from time to time, which will be distributed to members. 8.3 Continued Contravention of a Rule The Directors reserve the right to take any action they deem fit in the event of a continued contravention of a rule. Such action can include rectification by the HOA, the cost of which will be charged to the transgressor, or the imposition of a penalty and subsequent legal action or the withholding of clearance certificates. Legal costs incurred by the HOA in respect of any legal steps taken against an owner to remedy a breach will be for the account of that owner on an attorney and client scale. Penalties range between R100,00 to R5 000,00, to be determined by the board of trustees. 8.4 Interference with the Electric System or Perimeter Wall No large trees, shrubs and/or any plant may be planted against or in close proximity of the perimeter wall so as to interfere with the proper functioning of the security and/or security system. Any plant which interferes with the security or security system can be removed by the HOA, or the HOA can order the removal thereof. No unauthorised person may interfere with the electric security fence which is located on the top of the perimeter wall. The security fence should be considered dangerous at all times. The perimeter wall and electric fence are the property of the HOA. The perimeter wall should be plastered and painted in line with the Estate colours. No resident or owner is entitled to damage or change the electric fence, notwithstanding the fact that they may be erected on his/her property, without the written permission of the HOA. 8.5 Disturbances The volume of music, the playing of musical instruments, and of parties, by owner/residents must be limited to a level which will not cause a disturbance to neighbours, and must cease at 22:00 on Sunday Thursday, and at 24:00 on Amended 29 February 2012 Page 8

9 Fridays and Saturdays. After these times noise must not be audible outside the residence Owners/members must address complaints of disturbances to the person causing such disturbances, the municipality or SAPS. Any noise above 6,5 decibels is considered a disturbance When planning a party at home, exercise courtesy and consideration and inform nearby neighbours and endeavour to cease activities by midnight, ensuring a quiet departure of guests. The frequency of parties should not affect fellow resident s lifestyle. 8.6 Address It is the responsibility of owners to ensure that the Homeowners Association have their correct residential and postal address as well as fax and address. The Homeowners Association must be informed immediately of any change to these addresses. 8.7 No residence is permitted to be used as a commune, as defined in the town planning bylaws. 8.8 Owners may not use or permit the use of his / her residence for any purpose which is injurious to the good reputation of Gateway Manor Estate or indulge in or permit any immoral behaviour which is offensive to other Owners and / or damaging to the good reputation of the Estate and that does not comply with the law of the land. 8.9 The use of noisy mechanical equipment, including but not limited to, power saws, angle grinders, lawn mowers etc, may only take place during the following times: Monday Friday Saturday 07h00 18h00 08h00 18h While the Estate is still being developed, resident owners (i.e. Residential 1 and 2 owners living in their homes) will be entitled to 6 votes at any annual general meeting or special general meeting Owners/tenants are required to dispose of their boxes when moving into the estate offsite, and not at the refuse points provided Owners/tenants may not at anytime place refuse bags and boxes outside their homes in view of the public areas and other residents. 9 CONTROL OF BUILDING ACITIVITIES 9.1 Legal Status The rules governing building activities, some of which are set out below, are adopted by the HOA and are therefore binding on all owners. These rules should be read in Amended 29 February 2012 Page 9

10 conjunction with the Gateway Contractors Rules and the Gateway Architectural Guidelines. Furthermore, each owner is obliged to ensure that his contractor is made aware of the rules and complies with them. Owners should therefore include the rules in their entirety in any building contract concluded in respect of property on the Estate. The HOA has the right to suspend any building activity in contravention of any of the rules and accepts no liability whatsoever for any losses sustained by a resident or his contractors as a result thereof. 9.2 Building Rules Building activity is only allowed during the following public time hours: Normal weekdays 07:00 18:00; Saturdays 08:00 15:00 Note: No building activity is permitted on Sundays and Public Holidays without special permission, as these days are viewed as private time. Applications for special permission for any building activity during private time should be lodged with the HOA, together with the written approval of all adjacent neighbours, two weeks prior to the required private time activity During private time, the Contractor will not be allowed any representatives on site. Private time is defined from 18:00 to 07:00 weekdays and 15:00 Saturdays to 07:00 the following Monday. Written application for any deviations must be lodged with the HOA on the prescribed form All Contractor workers and/or the sub-contractor workers must enter the Estate in an authorised vehicle and must be issued with an access permit. The contractor must complete the requisite Estate Access Control Register and lodge original identity documents with security, which is returned when leaving the site The Contractor shall provide facilities for rubbish disposal (rubble skip) and ensure that the workers use the facility provided and that the rubbish is removed weekly or when full and not burnt on site. Refuse not removed on a regular basis will be removed by the HOA and the costs thereof will be recovered at the discretion of the HOA from the owner or/and the contractor Where materials off-loaded by a supplier encroach onto the pavement or roadway, these materials must be moved onto the site by the Contractor. No materials must be allowed to remain on the roadway or pavement and it is the Contractor s responsibility to clean the roadway of all such materials. The same applies to sand or rubble wasted or moved onto the road during building operations. Materials not removed will be removed by the HOA and the costs thereof recovered at the discretion of the HOA from the owner of the stand or/and the contractor The site is to be kept as clean as possible of building rubble, with regular cleaning taking place during building operations. Amended 29 February 2012 Page 10

11 9.2.7 Owners will be held liable for any damages caused by contractors, their vehicles, building activity or suppliers to the roads, manholes, electricity boxes, landscaping, etc., including but not limited to sidewalks or any property of the HOA or Council Deliveries from suppliers must be scheduled in public times. Owners/Contractors or their representatives must be present on site to confirm access and receive the goods If construction takes place adjacent to existing dwellings, the Contractor should make every effort to respect the privacy of the neighbours, and generally to reduce inconvenience as far as possible Should the contractor contravene these rules and fail to remedy such contravention despite demand, the HOA reserves the right forthwith and without notice to suspend any building activity and restrict access until such contravention has been rectified The Contractor should undertake to comply with the above rules in addition to any further controls, which may be instituted by the HOA from time to time in the form of a written notification, and to ensure compliance by any sub-contractor employed by the Contractor The contractor shall at all times be responsible for the conduct and behaviour of his employees, sub-contractors and visitors and shall take immediate steps to stop any conduct and/or behaviour which the HOA may in its sole discretion deem undesirable No provision has been made for servant quarters or live in servants. The H.O.A. does not permit these facilities on the Estate No plans will be approved for houses without adequate off street parking for 1 (one) vehicle, nor (without the consent of the trustees) will plans for houses without one complete garage or carport be approved. Garages and carports must be constructed and finished to match the main house and must be attached to the main house (not free standing). 9.3 Building Deposits A refundable, prescribed building deposit of R10, shall be paid by each owner to the HOA before commencement of any building activity. A refundable deposit of R shall be paid to the H.O.A. for alterations/additions which includes boundary walls, swimming pools etc. The refundable deposit will be kept in trust for the duration of building operations to cover the costs should the owner or the building contractor or his employees or suppliers: damage the road, curb, sidewalk or any other portion of the property of the HOA or Council and/or; Amended 29 February 2012 Page 11

12 9.3.2 fail to remove during building operations or on completion thereof, any rubble or building material left on the site, sidewalks and adjoining vacant erven; Only verifiable actual costs incurred by the HOA will be recovered from a deposit. A standard cash slip, statement or receipt produced to ensure that building operations are organised so as to minimise the unsightly dumping of material on the sidewalk or the road The building deposit or unutilised portion thereof will be refunded, free of interest, within a reasonable time to the owner after receipt of a written request by the HOA on completion of the building construction and when not required to cover the items 9.3.1, and above The H.O.A. reserves the right to waive any deposit fees mentioned in Architectural Standards and Guidelines Iintroduction The purpose of these guidelines is to define the architectural language and landscaping framework for Gateway Manor. A high quality lifestyle within the South African context will be provided for the residents in this beautiful natural African setting, cradled between the Magaliesberg Mountains and the Hartbeespoort Dam. It is the developer s intention and aim that the Gateway Manor Development will consist of 3 Architectural styles. The styles are varied so as to accommodate each homeowner s individuality, while at the same time fostering a unity of materials and finish to ensure that the overall development harmonizes to create a balanced lifestyle for all residents. Amended 29 February 2012 Page 12

13 9.4.2 Architectural Styles: Traditional Tuscan has been maintained as a style in keeping with the existing house types in the development. Tuscan must be the style in Gateway West, or Portion 744, while the Residential 1 stands have the choice of Tuscan or Contemporary. Two Contemporary Styles - A more traditional version, which has a steeper double sided roof and a more modern version which has a shallow mono-pitch roof. Amended 29 February 2012 Page 13

14 Traditional Contemporary Modern Contemporary The above Architectural styles will be described in more detail in the Gateway Architectural Guideline schedules. All plans must be approved by the Gateway Manor Architectural Review Committee prior to Local Council Approval. The architectural guidelines define the intended character of the development. Individual creativity within a unity of materials and finishes is encouraged. Amended 29 February 2012 Page 14

15 9.4.3 Treatment of Stand Boundaries In order to avoid the hostile and unsightly appearance of many residential areas, the following restrictions will apply: Stand boundary Walling No walling or fencing whatsoever may be erected on or parallel to the street boundaries of stands without the prior written consent of the Trustees; No walling or fencing other than a palisade fence of a design, height and finish approved by the Trustees shall be permitted on or parallel to the boundary between stands and parks; No walling shall, without the consent of the Trustees, exceed 1,8m in height. All walling shall be plastered and painted on both sides, and shall be of a design and finish approved by the Trustees; No security spikes, razor wire, electric shock wires or any similar devices shall be permitted except, with the permission of the Trustees, on the perimeter of the Estate No person shall occupy (Whether temporarily or permanently), erect any improvements or make any alterations whatsoever to the common areas within the Estate without the prior written approval of the Trustees. In particular, no vegetation shall be added to or removed from any park or landscaped area, nor may the contours of such areas be altered in any way. When considering granting permission for any alterations to the common areas, the Trustees shall be entitled to impose conditions relating, inter alia, to: the extent to which the proposed alterations will comply with the existing landscaping (e.g. indigenous versus exotic); the extent to which the proposed alterations may prevent or discourage other owners from accessing the area; the written acknowledgement by the owner concerned that no rights whatsoever will re acquired over the area; and The obligation by the owner to remove the alterations immediately, at any time, and without compensation, if so required by the Trustees Gutters, down pipes and any other item directed by the Trustees, in their sole discretion, shall be concealed from view The installation of solar water heaters, solar power panels and evaporative air-cooling units on roofs is permitted, subject to the following restrictions. Amended 29 February 2012 Page 15

16 Such installations shall be considered to be building alterations, though no plan scrutiny fee or sidewalk deposit will be required Plans or a sketch must be submitted as per 5.2 above. The scrutiny will relate to location and ideally, the installation should not project above the highest point of the existing roof The color of the installation must not clash with the existing roof tile color(s), Terra cotta is the commonly used roof tile color Installation shall only commence after written approval is granted As it is compulsory to have boundary walls, a new owner is obligated to share the cost of all existing boundary walls that are applicable to his boundary with the existing neighbours. Palisade fences and walls parallel to the roads and parks are excluded. The new owner must pay a market related amount to be determined by the Board in consultation with the Estate Architect prior to taking up occupation of his/her home. The Board s decision will be final If a stand is sub-divided it will be deemed to be two stands and the prescribed levy will then be applicable to each stand separately. 9.5 GENERAL PROVISIONS New house construction must commence within two (2) years from the date of registration of the first transfer of ownership or from the 1 st August 2010, whichever is the later. This applies to stands bought and transferred before the 31 st December All other land owners are obliged to follow the developer s format of sale and construction agreements. Improvements must commence within one (1) year of approval of council drawings for additions. Penalties will be introduced by charging double monthly levies up to the date of practical completion. Building work must be completed within nine (9) months after commencement on new homes and three (3) months on alterations and additions The design of the dwelling unit and the entire stand must show sensitivity to the existing natural features, flora and topography. Permission must be obtained from the HOA before existing trees are removed and all existing trees, if any, are to be shown on the site plan. Surrounding structures and houses must be taken into account in the design process All drawings should be submitted to the HOA for approval before submission to Council or construction can commence. The HOA has appointed an estate architect to oversee all building activities and alterations to conform to estate requirements. All building plans must either be drawn up or passed by the estate architect with final approval from the HOA. Amended 29 February 2012 Page 16

17 9.5.4 These rules are in addition to the standing National Building Regulations, Occupational Health and Safety Act and all other Local and National Authority Requirements, rules and laws Exception to the H.O.A rule 5.2 only applies to stands bought and transferred before 31 st December In these cases the land owner has the option to consult with a registered NHBRC independent contractor. If one of the three Estate approved contractors can match the price of the outside registered contractor then the land owner will be obliged to use the Estate approved contractor. Confirmation of sufficient funds to complete the building must be provided to the board of trustees before approval and before construction can begin The HOA reserve the right to alter or amend these guidelines as the need arises. 9.6 GENERAL DESIGN GUIDELINES The privacy of surrounding properties must be considered. As a general rule no windows or balconies on the upper storey should overlook the living space of the adjacent dwelling except from non-habitable rooms No dog kennels, caravans, boats or trailers are to be visible from the road and may not be placed in the restricted side space (buildings lines) No pre-fabricated garden sheds or Wendy houses will be allowed on the Estate. Any additions to a property have to be approved by the HOA Awnings, air conditioning units, satellite dishes and other externally fitted equipment must be clearly shown and annotated on the drawings and approved by the HOA All plumbing and washing lines must be fully screened and not be visible from the street elevations and other elevations onto adjoining properties. In the case of flat roofs, all geysers must be installed inside the houses so that it is not visible from the outside No galvanized iron structures are permitted, including carports, except for the sectional title, Residential 3 areas where communal carports will be allowed providing they have a facia finish with an IBR roof. No shade cloth or any other covering will be allowed The minimum house size including a single garage may not be less than 107 square meters. 10 REFUSE REMOVAL Refuse may only be placed on the sidewalk (in the council provided refuse bin) on the morning of the pickup day and the container must be removed within the same day after collection. If the refuse, for some reason, is not collected the container must be removed into the resident s stand and be placed on the sidewalk when the next collection is expected. Amended 29 February 2012 Page 17

18 11 ACCESS CONTROL The entrance to the Estate has been equipped with an access control system for the safety of residents. The co-operation of all residents will ensure the successful operation of the system The Access System Residents Residents currently gain access by registering their cell number with security and phoning a cell number to open the gate to their residence. Access is only authorised for residents. The system is currently under review and residents will be informed of any changes Contactors and Employees Contractors, gardeners and domestic workers are issued with an access permit to be shown at the security manned booms at the entrance to the estate. A clear photocopy of the applicant s identity document must be provided to the Estate Manager for this purpose. The system is currently under review and residents will be informed of any changes Employees of Contractors Employees of contractors will only be allowed entry if accompanied by their employee or his duly appointed representative Visitors and Delivery Vehicles Visitors and delivery vehicles must complete and sign the access control Register before access to the Estate can be obtained. The driver of the vehicle will be issued with a visitors permit by the security officer. These permits must be returned to the security officer on leaving the Estate. Should a resident receive a visitor for a longer period than 24 hours security must be notified of the period at the time when the visitors permit is issued. Lost access permits must be reported to the Estate Supervisor immediately, so that they can be cancelled Issuing Of Access Permits Applications for access permits must be handed to the Estate Supervisor Costs of Access Permits An amount determined by the Directors from time to time will be charged for the issuing of access permits. Amended 29 February 2012 Page 18

19 Permits No Longer in Use Permits, which become redundant, must be returned to the Estate Supervisor to be deactivated and/or destroyed. Please note that there is no refund for access cards and permits returned Arrivals at the Gate without an Access Permit Holders of access permits who arrive at the gate without a permit will not be allowed access, without completing the Access Control Register Application for Residents Access and Access Permits Applications must be submitted in writing, the following forms are used for this purpose: Residents: Must complete the relevant form which is obtainable from the Estate Supervisor or Managing Agents indicating the cell numbers of residents requiring access. Regular nonresiding workers must be in possession of an access permit Contractors: Must complete the relevant form which is obtainable from the Estate Supervisor or Managing Agents indicating the quantity of access permits required. In the event of a contractor also being the registered owner of a stand both the abovementioned forms must be complete Preconditions to be a Permit Holder Access permits can only be issued to residents/contractors whose financial liabilities towards the HOA have been met in full. Levies and building deposits must be paid up to date before access permits will be issued. The access permits of persons who fall in arrear with these payments will be withdrawn until their accounts have been settled. The only alternative way that these persons can obtain access to the Estate is by completing and signing the Access Control Register. This rule is an instruction from the Board and the Security Officers at the entrance have no discretion on this. The identification documents of all applicants must be available for inspection by the Estate Supervisor. No access permit can be issued to a person without a valid identification document. 12 HOME BUSINESSES 12.1 GMHOA has the right to enforce the local by-laws relating to home businesses. These include activities, which would cause aggravation or nuisance to fellow residents, including but not limited to auctions, jumble sales and similar activities Not more than 20% of the floor area, including outbuildings of any house may be used for business purposes. Amended 29 February 2012 Page 19

20 12.3 The number of people working therein, are restricted to the owner and not more than two employees, provided that the owner is present and lives on the property. Should the owner be a juristic person, then a resolution authorizing an individual, who is a member, beneficiary or shareholder to present the juristic entity must be lodged with the GMHOA and the individual must reside on the property on a permanent basis The type of business is restricted. There may be no manufacturing or direct sales Restrictions in 12.3 above are designed to limit the flow of people and traffic, and for various other reasons, not the least being security All businesses operating within the estate are required to register, and/or apply for renewal, with the GMHOA on the appropriate form available from the GMHOA. Registration of a new business must be obtained before commencement, for administrative and monitoring purposes. Renewal should occur on 31 st March each year. Where businesses are found to be operating without having been registered, a fine may be levied Those application for business use which have been approved are subject to annual review by the trustees (presently on the 31 st March each year) who shall be entitled to revoke such approval should the applicant not be in good standing. If an approval is revoked or not renewed, the applicant will receive advice thereof in writing, and the conduct of a business use of that property will thereafter be in contravention of the Estate Rules. The Trustees reserve the right to report such illegal activity to the Local Authority or take such other action as might be appropriate, including Court action or the imposition of fines and/or penalties in terms of the Constitution and the Estate Rules The employee(s) of any owner, who has been granted consent for a business, shall park their vehicles on the property concerned All employee(s), invitees or visitors to an approved business shall comply with the Gateway Manor Access Control Policy and Procedures, and any directions of the Trustees, management or security officers, in this regard The GMHOA reserves the right to determine a fee to be paid towards the operations of the access control systems which are in place. 13 ALTERNATIVE ENERGY SOURCES 13.1 SAFETY Combustible materials such as petrol, diesel, paraffin and gas must be delivered, store and handled in a safe manner, the standard of which shall at least meet the by-laws Any equipment that might generate carbon monoxide must be used in an open, well ventilated area. (For example operation of a generator inside a garage is not permitted). Amended 29 February 2012 Page 20

21 Where any installation is connected into the house s electrical wiring, a certified electrician must be employed to do the tie in NOISE NUISANCE Where a generator is used for domestic electricity supply within the estate; The generator must be registered with the Association The generator must be acoustically screened off The exhaust system must be attenuated sufficiently so that the noise level will be below the maximum set in the Provincial Noise Control Regulations. These outdoor levels are: Daytime 50 dba Night-time 40 dba The generator must not be operated within a habitable room or in a room connected to such an area The generator may only be operated; during periods when Eskom power is not available, or For short periods (less than 5 minutes) to service the unit or check its operability PERMANENT INSTALLATIONS 14 SUGGESTIONS Installation of items which are of a permanent nature, such as, solar water heaters, solar panels, evaporative cooling units, fixed position generators, etc, shall only commence after written approval has been received from the Association. The Board of Directors of Gateway Manor welcomes any suggestions to improve the quality of life within the estate. Amended 29 February 2012 Page 21