THE ZWARTKOP GOLF ESTATE HOME OWNERS ASSOCIATION REGISTRATION NO 2004/002619/08

Transcription

1 1 Amended 24 th of February 2010 THE ZWARTKOP GOLF ESTATE HOME OWNERS ASSOCIATION REGISTRATION NO 2004/002619/08 RULES AND REGULATIONS 1. INTRODUCTION 1.1 The Zwartkop Golf Estate Home Owners' Association (the "Association") is a company incorporated by virtue of section 21 of the Companies Act, whose articles of association ( the Articles ) contain provisions, which supplement these rules. 1.2 Any term defined in the Articles shall bear such meaning in these Rules. 1.3 The broad objectives of the Association are the following: to control the character and architectural standards of buildings and other structures to be erected on the property development known as the Zwartkop Golf Estate ( the township ); to administer the security in and relating to the township; to control the use of roads and open areas in the township, subject to all local, Provincial and National laws; to provide for the maintenance of sidewalks and open areas in the township; to provide controls for the keeping of dogs and other animals in the township; to implement and control security procedures for admission to the township and generally in the township; to issue and thereafter vary, alter, retract or add to rules and regulations for the administration and control of properties in the township and the owners and other occupants of properties in the township as well as the movement of vehicular traffic in the township; to make rules for the completion of the erection of homes and other structures on erven in the township within prescribed periods and for the repurchase of erven by the Association and the imposition of penalty levies should the time periods not be complied with; to levy contributions from its members of such amounts and so regularly as the Directors of the Association shall determine as sufficient to defray the expenses of the Association, as more fully set out below. 1.4 Every party who receives transfer of an erf in the township will upon registration of transfer automatically become a member of the Association. If the party taking transfer is not a natural person, it will be obliged prior to transfer to nominate a natural person to represent it and to notify the Association of the full names, street address, fax numbers, address, if applicable, and postal address of the said representative, failing which the Association may choose the identity of the representative from amongst the

2 Directors, members, trustees, partners or other similar office bearers of the owner. Every party who becomes a member of the Association shall automatically cease to be a member as soon as such party ceases being the registered owner of an erf in the township. The developer shall be a member of the Association until it no longer owns any stands in the township. Where an erf is owned by more than one party all the registered owners shall together be deemed to be one member of the Association, shall together have the rights of one member of the Association, shall jointly and severally be liable for the member's obligations and shall together exercise one vote at meetings of the Association. 1.5 Upon the Association being established the rules set out below in this document shall become binding on all members of the Association as well as on other occupants of erven in the township who are not owners and thus not members of the Association. In this regard the registered owners of erven in the township are responsible, as members of the Association, to ensure that occupants of their erven who are not members of the Association as well as the members' families, tenants, visitors, friends, employees, contractors and invitees abide by the rules of the Association. It is important to note that the rules provide that any act or omission by any of the aforesaid persons which, had it been done or omitted by the member would have amounted to a breach of any rule of the Association, will be deemed to have been the act or omission of the member and hence a breach of the rules by the member. 1.6 In the quest for a happy and harmonious community residents of the township are obliged to use and enjoy the properties they own and/or occupy as well as the public areas and open spaces in accordance with their own rights, but as curtailed by the rights of other members or occupants. 1.7 The undermentioned rules provide for disputes to be determined in a manner more fully set out in the Articles. 1.8 These rules and regulations shall only be amended in accordance with the provisions of the Articles. 1.9 The abovementioned provisions contained in this introduction are of an operative nature and are therefore binding provisions of these rules CONDUCT RULES A. Incorporation of Articles The provisions of the Articles of the Association as well as the provisions of the introduction to the document above are incorporated into these rules, mutatis mutandis, as if specifically repeated herein. B. Streets -Sidewalks -Open Spaces 1. The streets of the township are intended for vehicular and pedestrian traffic by all occupants. Drivers of motor vehicles do not have a preferential right of use and are obliged to afford all other users of roads an equal use right. 2. The speed limit is restricted to 40 km per hour. Save for the above, the Gauteng Road Traffic Ordinance shall remain in force.

3 3. Parents are obliged to ensure that their children do not play in the streets. In spite of this provision drivers of motor vehicles are obliged to take special care while driving so as to allow for the possible presence of people in the streets. 4. Engine powered vehicles are not allowed to drive anywhere except in the streets of the township. Vehicles are not allowed in parks or on pavements. 5. Parking on side-walks and in the streets opposite traffic islands, is not allowed. 6. The use of motorcycles or other vehicles with noisy exhaust systems, save for entering or exiting the Estate, is prohibited. 7. Bicycles, motorcycles and/or skateboards are prohibited from using cart paths and/or walkways or jogging paths on the golf course, and may only be used on the streets or sidewalks. 8. Unlicensed drivers will not be allowed on the roads under any circumstances. 9. With the exception of golf carts, unlicensed or unroadworthy vehicles are not allowed on the Estate. 3 C. Streetscape 1. Every owner is obliged to maintain, trim and keep clean, tidy and manicured the area between the road kerb and the boundary of his property. 2. Garden fences/walls and outbuildings forming part of the streetscape, or facing the Zwartkop Golf Course (fences on both sides) shall be maintained, kept neat and clean and painted where necessary. 3. Caravans, trailers, boats, equipment, tools, engine and vehicle parts, as well as accommodation for pets, shall be located out of view and screened from neighbouring properties and the street. 4. Building material may not be dumped on the sidewalks or other open spaces under any circumstances. 5. No trees or plants on sidewalks and no sidewalk lawn may be removed without the permission of the Association. Plants may not interfere with pedestrian traffic or obscure the vision of motorists. 6. Should an owner or occupant fail to comply with any of the above rules, the Association is entitled to carry out the necessary work (or have it done) and to claim payment of its expenditure from the owner, and at the discretion of the Association, interest on such expenditure at a rate which from time to time is equal to the prime rate of interest charged on overdraft by ABSA Limited plus 2% (two percent). The Association has the choice not to charge interest in terms of these rules and may as an alternative charge mora interest. D. Environmental Management 1. No rubble or refuse may be dumped or discarded in any public area, including the parks, streets and lakes. 2. A particular appeal is made to residents to leave open spaces they visit in a cleaner condition than that in which they were found. Residents are requested to develop the habit of picking up and disposing of any litter encountered in the open spaces and streets.

4 4 3. Flora may not be damaged or removed from any public area. 4. Fauna of any nature may not be caught, chased or trapped in any public area, be it by people or by dogs. 5. Residents are responsible for maintaining trees and watering and manicuring plants and shrubs planted on their pavements by the Association. 6. Residents are obliged to maintain their gardens in a neat, clean and manicured condition. 7. Residents shall ensure that declared noxious flora are not planted and do not grow in their gardens. 8. Swimming pool water must be channelled into the storm water system. 10. Vacant stands must be kept clean to the satisfaction of the Association. Owners are responsible to remove rubble dumped on their erven even if dumped by others. Grass should be cut short to prevent unsightliness and fires. 11. No fires may be made in any public areas or open areas. 12. Should an owner or occupant fail to comply with any of the above rules, the Association is entitled to do the necessary work and to claim payment of its expenditure from the owner or occupant and at the discretion of the Association, interest thereon at a rate which from time to time is equal to the prime rate of interest charged on overdraft by ABSA Bank Limited plus 2% (two percent). The Association has the choice not to charge interest in terms of these rules and may as an alternative charge mora interest. 13. General refuse, garden refuse and refuse bags may not be placed on the pavement, except if they will be removed within a period of 8 hours. 14. The record of decision from the Department of Environmental Affairs contains certain stipulations with regard to fauna and flora and this record of decision shall be deemed to be incorporated in these Rules. E. Indemnity The residents' use of the open space areas, which includes the golf course and driving range, is entirely at their own risk at all times. Every member of the Association hereby waives any right he may have against the Association to claim any damages incurred by virtue of damage to or loss of property or the personal injury of the member occasioned while anywhere in the township. Every member indemnifies the Association against any such claim made by the member's spouse, child, parent, employee, guest or invitee. F Architectural Standards 1. All building plans shall comply with the Architectural Guidelines prepared by the developer and applicable to the township, and must be approved by the Architectural Sub-committee of the Association in order to assure such compliance. This applies also to any additions and alterations to existing structures. The Architectural Guidelines are contained in the attached document marked as such. 2. No building work or alterations can be made unless the plans have been approved by the Association and the local authority.

5 5 3. The procedure to obtain approval of building work is the following: (two) copies of the plans to be submitted to the offices of the Association; 3.2 the fee determined from time to time by the Association shall accompany the plans; 3.3 the Association shall in conjunction with the HOA architect check if the plans comply with the Architectural Guidelines; 3.4 the decision of the consulting architect shall be final and binding; 3.5 the Association undertakes to ensure that the plans are scrutinized and a decision made within 14 (fourteen) days of submission and payment; 3.6 no plans may be submitted to the local authority prior to the plans being approved by the Association. G. Good Neighbourliness 1. No business, activity or hobby, which causes aggravation or nuisance to fellow occupants may be conducted, including but not limited to auctions and jumble sales. 2. The volume of music or electronic instruments or other sources of noise, partying and the activities of domestic workers should be restricted to a level or should take place in such manner as not to be heard on adjoining properties. The City Council Regulations pertaining to noise, including noise created by domestic animals, shall apply insofar as these rules do not deal with same. 3. The use of power saws, lawn mowers, and the like (electric mowers are preferred), should only be undertaken between the following hours on Mondays to Saturdays: 07h30 18h00 and on Sundays only between 08h00-18h00 and (not between 13h00 & 16h00). 4. Washing may only be hung on lines screened from the street, the golf course and from neighbouring properties. H. Security 1. It is recorded that the developer has drafted a document entitled Blueprint for Perimeter and Physical Security and Access Control at Zwartkop Estate, which document shall form the basis on which security at the Estate will be governed. 2. It will be a breach of these rules to abuse security personnel under any circumstances. 3. Security rules and protocol at the gates and elsewhere in the township shall be adhered to at all times. 4. Any ID card system to be introduced by the Association for permanent workers, temporary workers and contractor representatives must be conscientiously enforced by every owner with respect to people in his/her employ or contracted to him. 5. Owners are obliged to request visitors to adhere to security protocol and owners are requested to treat the security personnel in a co-operative and courteous manner. 6. Owners are obliged to ensure that contractors in their employ adhere specifically to the security stipulations of the Contractors Code of Conduct attached hereto and marked as such.

6 6 7, All attempts at burglary or instances of fence jumping must be reported to a member of the security staff and/or the Security Sub-committee of the Association. 8. As successful security depends on attitude, owners should be aware that they need to enforce and apply security to ensure its success and hence owners are encouraged to question suspects not displaying formal ID cards. 9. It is suggested that owners install a home security system as soon as possible after taking occupation of their homes, and to link the system to the response company appointed by the Association. 10. Burglar alarm systems acquired for residences are required to be compatible with the electronics of the estate security system. 11. The township will be manned 24 hours a day by such security personnel as the Association may determine and owners if issued with security stickers, should attach the stickers to motor vehicle windscreens. 12. The security centre/s at the gatehouse/s should be advised in advance of the pending arrival of visitors where possible. In particular vehicle registration numbers should be provided by the relevant owner expecting the visit. 13. The township will be patrolled on a random basis by security guards. I. Conditions incorporated in title deed 1. The property is sold subject to the following provisions which may be embodied as provisions in the title deed of the property in a form as may be required by the Registrar of Deeds: I.1. Every owner of the property, or owner of any subdivision thereof, or owner of any unit thereon shall automatically become and shall remain a member of the Zwartkop Golf Estate Homeowners Association, and be subject to its constitution until he ceases to be an owner as aforesaid. Neither the property, nor any subdivision thereof, nor any unit thereon, shall be transferred to any person who has not bound himself to the satisfaction of the Homeowners Association to become a member of the Homeowners Association. The owner of the property, or owner of any subdivision thereof, or any unit thereon, shall not be entitled to transfer the property or any subdivision thereof, or any interest therein, or any unit thereon, without a clearance certificate from the Homeowners Association that the provision of the Constitution of the Homeowners Association have been complied with, that all dues to the Association have been paid or are provided for, and that the Transferee has bound himself to the satisfaction of the Homeowners Association to become a member of the Homeowners Association. For purposes of the aforegoing any reference to owner shall also include a Homeowners Association or a Body Corporate which may come into being in the case of a subdivision of the property, or the opening of a Sectional Title Register in respect of the property, as the case may be. I.2 No improvement of any nature may be effected on the erf without the prior written approval of the Association or its nominee, and any building plans in respect of any improvement to be erected on the erf shall be subject to the prior written approval of the Association or its nominee.

7 Such approval will be required without limitation for all external finishes including materials and colours for walls, roofs, windows, additions, removals, changes et cetera. I.3 a) A member who purchases a property from the Developer undertakes to commence with the erection of buildings on the property to the reasonable satisfaction of the Association within 2 (two) years of registration of the property into his name or such extended period as the Association in its sole discretion may allow in writing, failing which the Association shall be entitled (but not obliged) to claim that the property be retransferred to the Association at the cost of the member against payment by the Association of the original purchase price to the member without interest. b) A member who subsequently purchased a property from a member other than the Developer, and in whose name ownership of such property is registered prior to 01 November 2006, undertakes to commence with the erection of buildings on the property to the reasonable satisfaction of the Association within 18 (Eighteen) months from 01 November 2006, or such extended period as the Association in its sole discretion may allow in writing, failing which the Association shall be entitled (but not obliged) to claim that the property be retransferred to the Association at the cost of the member against payment by the Association of the original purchase price to the member without interest. c) A member who subsequently purchased a property from a member other than the Developer, and in whose name ownership of such property is registered after 01 November 2006, undertakes to commence with the erection of buildings on the property to the reasonable satisfaction of the Association prior to 01 May 2008, or such extended period as the Association in its sole discretion may allow in writing, failing which the Association shall be entitled (but not obliged) to claim that the property be retransferred to the Association at the cost of the member against payment by the Association of the original purchase price to the member without interest. d) For all Members, the buildings shall be completed within 12 (Twelve) months of commencement. Completion shall be an occupation certificate as issued by the relevant City Counsel and approval by the Association that the buildings have been erected in accordance with the rules of the Association and the building plans as submitted. I.4 In the event of a property being retransferred to the Association in terms of clause I. 3 and/or the title deed of the property, the property so retransferred shall be sold by the Association by way of a public auction, which auction shall be advertised in an Afrikaans and English newspaper which circulates in the Pretoria and Johannesburg area and the size of the advertisement shall not be less than 100mm x 120mm. The auction sale shall also be advertised in the newsletter c irculated within the Zwartkop Golf Estate. I.5. The purchaser who acquires a property from the Association in terms of an auction referred to in clause I.4 above must commence with and complete all building operations within a period of 1 year of registration of transfer into the name of the purchaser. I.6. Should the purchaser who acquires a property in terms of clause I.4 above not commence with and complete all building operations to the satisfaction of the Association within 1 year of registration of transfer of the property into the purchaser s name, the Association shall claim that the property be retransferred to the Association at half of the purchase price paid. I.7. Every owner of the property, or owner of any subdivision thereof, or owner of any unit thereon shall automatically become and shall remain a member of the Zwartkop Homeowners Association and be subject to its constitution until he ceases to be an owner as aforesaid. Neither the property, nor any subdivision thereof, nor any unit thereon, shall be transferred to any person who has not bound himself to the rules of the Association to the satisfaction of the Homeowners Association and to become a member of the Homeowners Association. 7

8 8 I.8. The owner of the property, or owner of any subdivision thereof, or any unit thereon, shall not be entitled to transfer the property or any subdivision thereof, or any interest therein, or any unit thereon, without a clearance certificate from the Homeowners Association, that the provisions of the Constitution of the Homeowners Association have been complied with, that all dues to the Association have been paid or are provided for, and that the transferee has bound himself to the satisfaction of the Homeowners Association to become a member of the Homeowners Association. 1.9 If building is not commenced or completed within the specified period, the levies then due and payable by a member shall double with effect from the expiry of the specified period and shall remain double for a period of six months. Subsequently, if the building works have still not commenced and/or been completed within such six month period, the increased levies then due and payable shall double again for a further period of six months. If the building works have still not commenced and/or been completed within such further six month period, the further increased levies then due and payable shall again double, the process to repeat itself every six months. Upon date of completion the member shall become liable again for only the normal levies. I.10 Where increased levies are charged in terms of the aforesaid Rule 1.9, such levies charged will revert to a single levy from date of transfer of the relevant property to a new member. This decreased levy will remain single subject to building works being commenced with on the relevant property within a period of 6 months from date of transfer (grace period), failing which the aforesaid increased levy system will be re-imposed against the relevant new member. However, notwithstanding what has been stated aforesaid, should such new member then sell the given property within the 6 months grace period, the increased levies charged against the prior owner of the given property will be re-imposed and back dated against the selling member, to be calculated and charged against the member who now sells the given property within the 6 months grace period, from the prior date of transfer of the given property to the member who now sells within the 6 months grace to the date of transfer to the new and subsequent owner, the grace period to apply to the new and subsequent owner as well. I.11 Every owner who by 01 May 2008 could not commence with building works on a specific property due to geological disqualifications by the NHBRC or City Council relating to such property shall, without any penalty in the form of increased levies being imposed, have 12 months from date of eventual geological qualification of such property for residential building purposes, to commence with building works and shall thereafter have a further 12 months to complete such works. Non-compliance with these time limitations will result in increased levies being charged against the member in terms of the rules of the HOA as a penalty. 2. The developer is entitled to register any other conditions of or referred to in this document as a condition of title against the title deed of the relevant property if it is reasonably necessary for the protection of any right or interest of the Association. J. Levies 1. Any amount due by a member by way of a levy shall be a debt due by him to the Association. The obligation of the member to pay a levy shall cease upon his ceasing to be a member of the Association without prejudice to the Association's right to recover arrear levies. No levy paid by a member shall under any circumstances be repayable by

9 the Association upon the member ceasing to be a member. A member's successor in title to an erf shall become liable upon the date upon which he becomes a member pursuant to the transfer of the erf into his name, to pay the levy attributable to that erf. No member shall be entitled to transfer his erf to any transferee until the Association shall have certified in writing that the outgoing member has as at the date of transfer paid all amounts owing by him to the Association. This condition may become a title condition of erven in the township. 2. The sale of shares in a property owning company, the transfer of members' interest in a close corporation, or a change in control of any other legal entity shall be deemed to be a transfer for the purposes of clause 1 of this clause J. If a clearance is not obtained in the circumstances outlined above, the natural person nominated in terms of clause 1.4 of the introduction to these Rules and Regulations shall be personally liable to the Association for any arrear levies. 3. The monthly amount levied from each member of the Association as that member's share of the Association's expenses will be determined by the directors and approved from time to time by the directors of the Association. Such determination shall be fair and equitable taking cognizance of the fact that there can be differentiated between sectional title and freehold title ownership, if deemed fair and equitable. 4. If building is not commenced or completed within the specified period, the levies then due and payable by a member shall double with effect from the expiry of the specified period and shall remain double for a period of six months. Subsequently, if the building works have still not commenced and/or been completed within such six month period, the increased levies then due and payable shall double again for a further period of six months. If the building works have still not commenced and/or been completed within such further six month period, the further increased levies then due and payable shall again double, the process to repeat itself every six months. Upon date of completion the member shall become liable again for only the normal levies The owner and occupant shall not be entitled to attend or vote at any meeting of members of the Association nor be an officer of the Association nor use any facility of the Zwartkop Country Club, while any amount due to the Association or the Club is in arrear. 6. The Association is entitled to publish the names of members whose levies are in arrear on one or more notice boards in the club house of the Country Club 7. A member shall be liable for and pay all legal costs, including costs as between attorney and client, collection commission, expenses and charges incurred by the Association in obtaining the recovery of arrear amounts due and owing by such member to the Association, or in enforcing compliance with these Rules and Regulations. 8. The Association shall be entitled, but not obliged to charge interest on arrear amounts at such a rate as the Directors from time to time determine. The Association has the choice not to charge interest in terms of these rules and may as an alternative charge mora interest. 9. The Directors of the Association have the right to fine transgressors where any of the rules as stipulated by the Association from time to time have been broken or infringed upon. Such fines will be regarded as an additional levy and shall become due and payable on the due date of payment of the levy. The Directors of the Association shall determine from time to time the fines which may be imposed for various transgressions and shall publish this information in the newsletter which is circulated in the Estate. All costs paid by the Association on behalf of a member may at the discretion of the Association be regarded as an additional levy, alternatively may be collected from the member immediately on such expense or cost being incurred.

10 The Directors of the Association may charge such administrative charges to a member as may be determined by the said Directors and resulting form any breach of these rules by a member, or in relation to clearance certificates, such charges to be determined from time to time by the Directors, which charges may be charged as an additional levy and shall become due and payable on the due date of payment of the levy or in the case of clearance certificates on request. K. Notices 1. Any written notice addressed to an owner or occupant at the property occupied or owned will be deemed to have been received and its contents to have come to the addressee's notice if it is 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 or if it is posted by prepaid registered mail to any postal address of which the owner may have advised the Association in writing, then ten days after posting thereof in Tshwane municipal area. 2. For purposes of legal action a member chooses as his/her/its domicilium citandi et executandi for service of legal process, the physical address of the property or any property the member owns in the township, notwithstanding that such property may be an empty stand. L. Letting and Reselling Property 1. Should an owner wish to sell or lease his property, only an accredited estate agent may be selected to procure the sale or lease. The owner is obliged to ensure that the agent is in possession of a copy of these rules and that the purchaser or lessee is furnished with a copy thereof and binds himself in writing to subject himself to these rules as from the date of occupancy or ownership, whichever is the earlier. 2. The accredited agent must also ensure that the purchaser/lessee is informed about and receives a copy of these rules, the Architectural Guidelines, the Contractor's Code of Conduct and any other administrative regulations applicable at the time. Agents may only visit the township by appointment with an owner and must personally accompany a prospective purchaser or lessee and are not allowed to erect any 'for sale' or "to let" or "sold" signage boards. 3. A clearance certificate must be obtained from the Association at a cost determined by the Association (which amount may be adjusted annually at the discretion of the Association) prior to any transfer and prior to occupancy by any lessee. The Association may withhold the certificate until all amounts due to it in respect of the property have been paid and until it has been furnished with a written acknowledgement by the purchaser or tenant that he has received and read and binds himself to these rules. 4. The seller or lessor of a property in the estate shall ensure that the sale/lease agreement contains the undermentioned clauses and the Association is entitled to withhold the clearance certificate until adequate written evidence is given to it that the said agreements contain the said clauses: Sale Agreements to contain the following: (i) Homeowners Association. The purchaser acknowledges that upon registration of the property into his name, he automatically becomes a member of the Homeowners

11 Association and hereby subjects himself to the provisions of the Articles, Constitution and to the rules of the Association. The rules become applicable to the owner on the earlier date of occupation of the property by the owner or the date of transfer of the property to the owner, which ever date is earlier. 11 (ii) Conditions of Title The seller shall be entitled to procure that, in addition to all other conditions of title, the following conditions of title be inserted in the title deed, in terms of which the purchaser takes title to the property: a) Every owner of the property, or owner of any subdivision thereof, or owner of any unit thereon shall automatically become and shall remain a member of the Zwartkop Golf Estate Homeowners Association, and be subject to its constitution until he ceases to be an owner as aforesaid. b) Neither the property, nor any subdivision thereof, nor any unit thereon, shall be transferred to any person who has not bound himself to the satisfaction of the Homeowners Association to become a member of the Homeowners Association. c) The owner of the property, or owner of any subdivision thereof, or any unit thereon, shall not be entitled to transfer the property or any subdivision thereof, or any interest therein, or any unit thereon, without a clearance certificate from the Homeowners Association that the provision of the Constitution of the Homeowners Association have been complied with, that all dues to the Association have been paid or are provided for, and that the Transferee has bound himself to the satisfaction of the Homeowners Association to become a member of the Homeowners Association. d) For purposes of the aforegoing any reference to owner shall also include a Homeowners Association or a Body Corporate which may come into being in the case of a subdivision of the property, or the opening of a Sectional Title Register in respect of the property, as the case may be. e) No improvement of any nature may be effected on the erf without the prior written approval of the Association or its nominee, and any building plans in respect of any improvement to be erected on the erf shall be subject to the prior written approval of the Association or its nominee. Such approval will be required without limitation for all external finishes including materials and colours for walls, roofs, windows, additions, removals, changes et cetera. f) fa) A member who purchases a property from the Developer undertakes to commence with the erection of buildings on the property to the reasonable satisfaction of the Association within 2 (two) years of registration of the property into his name or such extended period as the Association in its sole discretion may allow in writing, failing which the Association shall be entitled (but not obliged) to claim that the property be retransferred to the Association at the cost of the member against payment by the Association of the original purchase price to the member without interest. fb) A member who subsequently purchased a property from a member other than the Developer, and in whose name ownership of such property is registered prior to 01 November 2006, undertakes to commence with the erection of buildings on the property to the reasonable satisfaction of the Association within 18 (Eighteen) months from 01 November 2006, or such extended period as the Association in its sole discretion may allow in writing, failing which the Association shall be entitled (but not obliged) to claim that the property be retransferred to the Association at the cost of the member against payment by the Association of the original purchase price to the member without interest.

12 fc) A member who subsequently purchased a property from a member other than the Developer, and in whose name ownership of such property is registered after 01 November 2006, undertakes to commence with the erection of buildings on the property to the reasonable satisfaction of the Association prior to 01 May 2008, or such extended period as the Association in its sole discretion may allow in writing, failing which the Association shall be entitled (but not obliged) to claim that the property be retransferred to the Association at the cost of the member against payment by the Association of the original purchase price to the member without interest. fd) For all Members, the buildings shall be completed within 12 (Twelve) months of commencement. Completion shall be an occupation certificate as issued by the relevant City Counsel and approval by the Association that the buildings have been erected in accordance with the rules of the Association and the building plans as submitted. g) In the event of a property being retransferred to the Association in terms of clause (f) and/or the title deed of the property, the property so retransferred shall be sold by the Association by way of a public auction, which auction shall be advertised in an Afrikaans and English newspaper which circulates in the Pretoria and Johannesburg area and the size of the advertisement shall not be less than 100mm x 120mm. The auction sale shall also be advertised in the newsletter circulated within the Zwartkop Golf Estate. h. The purchaser who acquires a property from the Association in terms of an auction referred to in clause (g) above must commence with and complete all building operations within a period of 1 year of registration of transfer into the name of the purchaser. 12 i j Should the purchaser who acquires a property in terms of clause (g) above not commence with and complete all building operations to the satisfaction of the Association within 1 year of registration of transfer of the property into the purchaser s name, the Association shall claim that the property be retransferred to the Association at half of the purchase price paid. Every owner of the property, or owner of any subdivision thereof, or owner of any unit thereon shall automatically become and shall remain a member of the Zwartkop Homeowners Association and be subject to its constitution until he ceases to be an owner as aforesaid. Neither the property, nor any subdivision thereof, nor any unit thereon, shall be transferred to any person who has not bound himself to the rules of the Association to the satisfaction of the Homeowners Association and to become a member of the Homeowners Association. k If building works on a property are not commenced or completed within the specified period, the levies then due and payable by a member shall double with effect from the expiry of the specified period and shall remain double for a period of six months. Subsequently, if the building works have still not commenced and/or been completed within such six month period, the increased levies then due and payable shall double again for a further period of six months. If the building works have still not commenced and/or been completed within such further six month period, the further increased levies then due and payable shall again double, the process to repeat itself every six months. Upon date of completion the member shall become liable again for only the normal levies. Such increased levies will accrue to any subsequent purchaser and this clause will be and remain applicable to to such further purchaser until completion of the building operations. In the event of the Registrar of Deeds requiring the amendment of any of the above conditions in any manner in order to effect registration of same, the purchaser hereby agrees to such amendment. Lease Agreements to contain the following:

13 13 Lessees of properties in the Estate and their family, visitors and domestics become bound to the rules of the Associations on occupation of the property and shall adhere to the rules and regulations as contained in the rules annexed to this document. Regarding breaches of these rules, referenceis made to clause J.9 of said rules.. M. Failure to Comply with the Prescribed Building Clause 1. In the event of a freehold property being retransferred to the Association due to the noncompliance with the conditions relating to the completion of the buildings on the property, the property shall be sold by the Association by way of public auction as stipulated in the sale agreement between the Developer and the purchasers of freehold title properties. Such auction shall be advertised in an Afrikaans and English newspaper which circulates in the Pretoria and Johannesburg areas and the size of the advertisement shall not be less than 100mm x 120mm. The auction sale shall also be advertised in the newsletter circulated within the Zwartkop Golf Estate. 2. The aforesaid auction sale shall be subject to a reserve price equal to the sum of the outstanding amount due to the Home Owners Association and the Club, the amount due to a mortgagee in respect of a mortgage bond registered over the property and the amount of rates and taxes owing to the local authority. 3. The purchaser who acquires a property in terms of an auction referred to in clause 1 of this clause M above, must commence with and complete all building operations within a period of 1 (one) year of registration of transfer into the name of the purchaser. The Association may in such instance at its discretion waive any increased levies normally charged to a property where building works have not commenced or been completed in time. 4. Should the purchaser who acquires a property in terms of clause 1 of this clause M above not commence with and complete all building operations to the satisfaction of the Association within 1 (one) year of registration of transfer of the property into the purchaser s name, the Association shall be entitled to claim that the property be re-transferred to the Association at half of the purchase price paid for the property so purchased on auction. All clauses relating to increased levies shall also apply. 5. The Association shall be entitled to procure that, in addition to all other conditions of title, the following conditions of title be inserted in the title deed, in terms of which the purchaser takes title to the property; 5.1. The conditions of title referred to in clause 4.1(ii) above of the proceeding clause, except 4(ii)(f)(, which is substituted with clause 5.2 below; 5.2. The purchaser undertakes to commence with and complete all building operations on the property within a period of 1 (one) year of registration of the property into his name or within such extended period as the Association, in its sole discretion, may allow in writing, failing which, the Association shall be entitled (but not obliged) to claim that the property be re-transferred to the Association at half of the purchase price paid for the property, without interest. N. Pets 1. The local authority by-laws relating to pets will be strictly enforced.

14 2. Without the written approval of the Association and subject to the rules of any Body Corporate governing a sectional title unit, no person may keep more than two dogs and two cats on a property. 3. No poultry, pigeons, aviaries, wild animals or livestock may be kept on the estate. 4. Pets are not allowed to roam the streets, the golf course or any other public area. 5. Pets must be walked on a leash in public areas. 6. Should any excrement be deposited in a street or other public area, the owner of the pet shall immediately remove it. 7. Every pet must wear a collar with a tag indicating the name, telephone number and address of its owner. Stray pets without identification tags will be apprehended and handed to the Municipal Pound. 8. The Association reserves the right to have a pet removed should it become a nuisance within the estate. The removal shall be carried out by an independent contractor contracted by the Association. The costs of the removal shall be for the account of the owner and shall form part of the levy. The Association has an unfettered discretion in this regard, but will not exercise the said right without first having directed a written notice to the owner furnishing details of the complaint and the complainant and affording the owner a reasonable opportunity to eliminate the cause of the complaint. 14 O. Country Club and golf club 1. Owners (i.e. members of the Association) shall be obliged to become members of the social section of the Zwartkop Country Club on receiving transfer of the property, and shall pay such joining fees and annual subscriptions as may be levied by the Zwartkop Country Club from time to time. 2. Members of the Association are not by virtue of their membership of the Association entitled to membership of the golf section of the club. Members of the Association may apply for membership of the golf club in the ordinary course of events. 3. The golf club is entitled to make rules that apply to members of that club (which will include members of the golfing and social sections of the Country Club). 4. Members of the Association who are not also members of the golfing section of the club are obliged to honour and abide by the rules of the golf club which pertain to the presence of persons and/or animals on the golf course. Members of the Association are not by virtue of their membership of the Association entitled to be present on the golf course unless the rules promulgated by the golfing section of the Country Club allow for such presence, in which event members will abide strictly by the said rules of the golfing section. P. Boundary Walls/ Fence Each erf situated on any boundary of the township will be made subject to the right of the Association to have a boundary wall and/or fence of the township erected on the erf. The erection thereof will be done in such a way as to ensure the minimum encroachment onto the erf, but the specification and dimensions of the wall or fence are in the discretion of the Association, provided the height and width thereof is reasonable, bearing in mind the security purpose thereof. The Association is entitled at all times to enter upon the relevant erven in the

15 township on which the security wall and/or fences is/are erected in order to maintain and/or repair and/or replace such wall and/or fence or to inspect it. 15 Q. CONDITIONS WITH REGARD TO CONTRACTORS' ACTIVITIES: CONTRACTORS CODE OF CONDUCT 1. Introduction The main purport of the following rules is to ensure that all building activity in the township occurs with the least possible disruption to residents. Owners are obliged to ensure that building and other contractors in their employ sign the Contractor's Code of Conduct prepared by the Association and strictly adhere to the stipulations thereof. 2. Legal Status The conditions governing building activity, which are set out in this clause, are rules adopted by the Association and are therefore binding on all owners and other occupants and, through them, on their contractors and sub-contractors and other parties who are on the estate at their invitation. All owners are obliged to ensure that their building contractors and sub-contractors and other invitees are aware of these conditions and comply strictly with them. Owners are therefore obliged to include these conditions in their entirety in any building contracts concluded in respect of property in the estate (and to procure their inclusion in any sub-contract) and all such contracts may be required to be submitted to the Association for prior approval. The Association has the right to suspend any building activity in contravention of any of these provisions and the Association accepts no liability whatsoever for any loss sustained by an owner as a result thereof. 3. General Conditions 3.1 INTRODUCTION The primary intention of these provisions is to ensure that all building activity at Zwartkop (hereinafter referred to as the Estate ) occurs with the least disruption to the residents. In the event of uncertainty, the Contractor should communicate with the Estate Manager LEGAL STATUS The Zwartkop Homeowners Association (hereinafter referred to as the HOA ) has the right to fine and or suspend any building activity, should there be an infringement of any of the under mentioned conditions, and the HOA accepts no liability whatsoever for any losses sustained by the Owner, Contractor or Sub-Contractor, as a result thereof. The HOA accepts no responsibility or liability for any injury, loss of life, damage or loss of materials or equipment during building operations CONDITIONS RELATING TO BUILDING ACTIVITIES No building activity may commence on the designated site until the Contractor has erected a screened ablution facility, connected to the sewerage system, as well as obtain a water connection. A temporary fence, manufactured of shadow netting, green or black, must be erected on the golf course

16 side of those stands with direct golf course frontage. Once this is in place, a Clearance Certificate to commence building will be issued by the Estate Manager A refundable building deposit of R has to be paid by the owner before building operations may commence. This deposit will be refunded to the owner once building operations have been completed to the satisfaction of the HOA. A non refundable Construction Damage deposit of R has to be paid before building operations may commence. This deposit will be utilized by the HOA for the repair to the infrastructure on the Estate, caused through normal building operations. Any damage caused through negligence will be for the contractor / owners account, as referred to in par 2.10 of this document All Contractors and Sub-Contractors and their workers must be in possession of an approved access card before entering the Estate. All workers have to be registered with the Estate, and registration forms are obtainable from the Estate office. On registration workers will be issued with an access card at a cost of R Workers must be in possession of access cards at all times. Should a worker not be in possession of the access card, the worker will be requested to leave the Estate. Access cards will only be issued on presentation of a valid South African identification document, a copy of which has to be submitted with the request for registration, plus a passport photo attached to the copy of ID document, and have their finger prints taken and verified at the SAPS on the prescribed form available from the Security Office A temporary permit will be granted to Contractors and their workers who will be working on the Estate for a maximum period of one month. A copy of a valid South African ID document must be supplied as well Contractors may only enter and exit the Estate via the Contractors gate. The HOA may from time to time designate an alternate access point. Contractors at phase 2 and 3 must enter at their particular entrance All workers must be transported to and from the designated building site by vehicle. No pedestrian traffic of workers will be permitted on the Estate Building activity, including installations and delivery of supplies will only be permitted during the following times: Monday to Fridays 07:00 to 18:00 ( note all contractors, deliveries, installations to be completed and personnel already off the Estate at 18:00 No work will be permitted on Saturdays, Sundays or Public holidays Timorous written applications may be submitted to the Estate Manager should building operations or installations be required to be done after these times. Such approval will only be granted in exceptional cases and no requests will be considered for such activity on Sundays or Public Holidays. Written permission has also to be obtained from owners on adjacent properties, when a request is submitted for work outside the designated times To ensure the speedy delivery of building supplies, all sites should be clearly identifiable. No Sub-Contractors advertising boards will be permitted on the Estate. The main contractor may erect an advertising board, the specification for this board is obtainable from the Estate office When materials are off-loaded by a supplier that encroaches onto the pavement or the roadway, such materials must be moved on to the site by the Contractor the same day. All material and implements are to be stored within the site boundary and consequently not allowed to be stationed on the golf course, roadway, pavement or adjacent sites.