BROADLANDS HOME OWNERS ASSOCIATION Rules for the control and management of the complex

Transcription

1 BROADLANDS HOME OWNERS ASSOCIATION Rules for the control and management of the complex 1 Vehicles a) Trustees have the right to have any abandoned vehicle or vehicle parked illegally or on any part of the communal areas or parked anywhere without their consent, towed away at the owner's cost. b) No persons are allowed to sleep overnight in a parked vehicle on any part of the communal areas. c) No persons are allowed to stay in caravans parked on any part of the premises. d) The speed limit in the complex is 20 km/hour. e) No parking is allowed in the streets or on any communal areas. f) Parking on any communal area for the sake of meetings and/or social gatherings must be pre-approved by the Board of Trustees in writing. g) No boats, caravans, trailers, trucks, busses or broken down vehicles may be parked anywhere on the premises unless written consent is obtained from the Board of Trustees. h) Vehicle maintenance may only be carried out in a garage with the door closed. i) Residents are required to maintain vehicles in good order to ensure cleanliness of the communal areas (e.g. no leaking oil on the streets), the safety of other residents (e.g. brakes, lights, hooters, accident damage etc.) and to keep noise levels in check (e.g. exhausts, alternator belts, and any other parts moving or otherwise that may lead to undue noise on the premises. 2 Noise (a) No resident shall play any of the following in such a way that is causes a nuisance to other: residents: radio, television, music player, game console, amplifier, or other audio-visio device, or any musical instrument (b) No undue household noise is permitted after 22:00 from Mondays to Fridays, and on Sundays from 00:00 to 24:00. Undue household noise includes household disturbances such as screaming, shouting and arguing. (c) No parties or social functions are allowed anywhere on the premises unless prior written consent has been obtained from the Board of Trustees. (d) The use of lawn mowers, weed eaters, drills, saws and any other power tools and devices that cause an equivalent level of noise is only permitted from 08:00 to 18:00 from Mondays to Fridays and 07:00 19:00 on Saturdays. These activities are not allowed on Sundays. 3 Pets (a) No resident may keep more than 2 animals of any kind without prior written consent from the Board of Trustees. (b) Any animal being taken for a walk must be on a leash and their excrement must be removed from communal areas by the owner or whomever is taking the animal for a walk. (c) Pets must wear identification tags at all times, stating contact details of the owner.

2 (d) All animals must be neutered and/or spayed as appropriate to ensure that the animal does not cause a nuisance to any other residents in the village. (e) The owner of the pet will be held responsible for any and all damage caused by the animal on the premises. (f) Dogs may only be kept if the property is appropriately enclosed to ensure that the animal does not stray into the street or communal areas. 4 General Safety and Security a) All residents must report any suspicious activities or unauthorized persons to the police, security, or one of the trustee members for immediate action. b) No hawking, street-selling or promotional advertising (whether commercial, religious or community-oriented) is allowed on the premises without prior written consent from the board of trustees. c) All contractors and service staff such as gardening services, electricians, plumbers, builders and workmen of any description must leave the premises by 18:30 each evening. In an emergency, the owner must inform the security if any workmen will be on the premises after this time. d) No resident, visitor or any other person on the premises is allowed to climb over or on top of the boundary wall, any access gates and or fixed infrastructure (such as swings). In the case of a minor, the parent or guardian will be held responsible for the actions of the minor. e) No resident, visitor or any other person may climb on top of or play near the drains, power boxes, street lights and or street signage. In the case of a minor, the parent or guardian will be held responsible for the actions of the minor. f) No resident, visitor or any other person may play or socialize in the streets under any circumstances. In the case of a minor, the parent or guardian will be held responsible for the actions of the minor. g) The setting of fireworks in the village, either on individual properties or in communal areas, is strictly forbidden. h) The use of any weapons for sporting purposes in the communal areas is strictly forbidden. This includes batons, martial arts equipment, pellet guns, bows and arrows, slingshots and any other similar equipment. i) All residents who are in possession of a weapon and/or firearm are required to ensure that they comply with all legal requirements of possessing such weapons and/or firearms at all times. This includes regulations for usage and storage of weapons and/or firearms. j) In the event of any incident related to a weapon and/or firearm belonging to a resident, the owner of such weapon and/or firearm will be required to produce documentation to prove legal possession of such weapon and/or firearm to the board of trustees and/or the relevant authorities as applicable. k) The board of trustees is under no circumstances liable for any personal injury or death caused by the use of weapons and/or firearms legally or otherwise by residents, visitors or any other person in the village.

3 5 Gardening Service a) All individual properties and communal areas are serviced by a gardening service appointed by the board of trustees. b) This service is funded from levies as paid by home owners to the HOA. c) All home owners whose levies and fees are paid in full are entitled to basic maintenance of their gardens by the gardening service. Basic maintenance means moving of lawns and trimming of edges as per a schedule agreed by owners. d) Should a home owner fail to pay levies and/or to make an acceptable payment arrangement with the board of trustees, all garden services will be suspended until such time as all outstanding monies are paid in full or as agreed with the board of trustees in a payment arrangement. e) All home owners are required to report any inappropriate and illegal actions on the part of the gardening service to the board of trustees immediately. 6 Security Service a) All individual properties and communal areas are serviced by a security service appointed by the board of trustees. b) This service is funded from levies as paid by home owners to the HOA. c) The security service operates as an independent contractor and has contracted his services to the HOA, and as such takes full and final responsibility for all actions by security personnel. d) The current scope of the security service is to patrol the village around the clock, and to monitor vehicle access from all vehicle access points. e) The security service has been assigned the duty and right by the board of trustees to report any suspicious activities to the board and/or the authorities as applicable, without any suspension of the standard legal and constitutional rights of residents, visitors or any other persons. f) The security service has been assigned the duty and right by the board of trustees to respond actively to a security threat in the village, including apprehending and/or disarming any persons suspected of a breach of security in the village, without any suspension of the standard legal and constitutional rights of residents, visitors or any other persons. g) All home owners are required to report any inappropriate and illegal actions on the part of the security service to the board of trustees immediately. 7 Landlord and Tenants a) All home owners are required to comply with the rules as set by the HOA in these rules. b) In the event that a home owner chooses to let his property to one or more tenants, the home owner is required to ensure that the tenant(s) comply with the rules as set by the HOA. c) To this effect, all home owners must ensure that their tenants are fully informed of the rules as set by the HOA as part of their lease agreement.

4 d) All home owners are required to screen prospective tenants before entering into a lease agreement with such tenant. Screenings may be done by the owner, but should preferably be done through a reputable screening service and/or agency. e) In the event of offences by a tenant, the home owner takes full responsibility for the actions of the tenant. The home owner is therefore liable for all fines as incurred by the actions of the tenant. f) Upon the sale of a property in Broadlands, all home owners are required to furnish the buyer with an up to date copy of the rules as set by the HOA. g) All new owners of properties in Broadlands are bound by the rules as set by the HOA. 8 General Environment a) All residents are responsible for the maintenance of the area within the boundaries of the individual property. This includes the boundary walls, garden, driveway, outside appearance of the residence and all verges and sidewalks on the edge of the property. b) All equipment, tools, braais, pet accommodation, bicycles, hosepipes, toys and any other loose-standing or movable exterior furniture or infrastructure must be screened from common street view. c) All refuse and building rubble must be disposed of properly by the resident, i.e. placed in the approved municipal wheelie bin or dumped at an official dump site as designated by the municipal authority. d) It is the responsibility of home owners to ensure that their properties are furnished with a wheelie bin. Wheelie bins can be purchased and obtained from the municipal authority. e) No refuse bags, rubble or material may be dumped on the sidewalks, streets or anywhere else in the communal area. Dumping is strictly prohibited. f) No washing may be done in open basins or washing tubs within the common street view. g) No washing may be hung over property walls, on doors or windows or on any other part of the property, vehicles or furniture on the property. Washing may only be hung on an appropriately installed washing line. 9 Building, Alterations and Housing Restrictions a) Residents may not erect any fixed structures on their individual property without prior written consent by the board of trustees and/or the municipal authority where applicable. b) Residents may not erect any fixed structures on the communal property under any circumstances. c) Fixed structures must comply with the general visual appearance and quality of the original buildings on the premises, e.g. properly built and maintained, colour schemes chosen to match and/or complement the existing buildings and not detract from the general pleasing exterior of the buildings. d) Residents may not make any alterations to the exterior of any individual property without the prior written consent of the board of trustees and/or the municipal authority where applicable. Any alterations made without the required written consent must be removed immediately at the cost of the resident.

5 e) A maximum number of two (2) people may reside in each bedroom of each residence. f) No persons may live in an outside building, for example a garage or Wendy House or other storage structure. g) No Wendy House may exceed the dimensions of 1.2 X 1.8 Meters. The Wendy House may not have any windows and approval needs to be granted by the Board of Trustees and City Council before any Wendy House may be erected. 10 Commercial Activities a) No business or commercial concern of any kind may be run from any residence in the village without prior written consent from the board of trustees or obtaining the required business zoning approval from the municipal authority, where applicable. This applies to any form of business, for example sole traders, closed corporations, partnerships, homebased industries or secondary occupations performed from the residence. b) No advertising or marketing for any commercial activities are allowed without the prior written consent of the board of trustees. c) Home owners who wish to sell their properties are permitted to display up to (2) signs for registered estate agents or private sales in a window of the residence, or on a stand in front of the residence. d) Home owners must obtain prior written consent from the board of trustees for show houses, and include the date and time of the show house, as well as contact details of the person holding the show house. Home owners remain responsible for any transgressions of the rules as set by the HOA by visitors or prospective buyers or tenants. 11 Compliance with Rules, Fees and Fines a) All residents are required to comply with the regulations as set by the HOA. b) In the failure to comply with any regulations, a written notice will be issued to the home owner in question. c) If the home owner does not rectify the reported irregularity within 21 days of the issuing of the notice, and/or if a second transgression of a similar nature is reported within 21 days of the notice, a First Offence fine will be levied against the levy account of the home owner. d) If the irregularity reported in (g) occurs again within a further 30-day period, a second warning will be issued, following by a Second Offence fine if the irregularity is not addressed within 21 days or is repeated within 21 days. e) If the irregularity reported in (g) occurs again within a further 30-day period, a third warning will be issued, following by a Third Offence fine if the irregularity is not addressed within 21 days or is repeated within 21 days. f) The following fines are currently in force: i. First Offence: R500 ii. Second Offence: R1000 iii. Third Offence: R2000 g) Home owners are responsible for the payment of any fines incurred by tenants in their properties. h) If the home owner does not heed the notices and/or fines as issued by the HOA, then the

6 HOA will proceed with legal action against the home owner. i) All fines will be properly recorded and reflected on the owner s levy account statement and the financial reports of the HOA. j) All fines will be used to supplement levy income for the village and will be used to contribute to the maintenance and upgrading of the village. 12 Eradication of Pests 1 An owner shall keep his section free from white ants, borer and other wood destroying insects and to this end shall permit the trustees, the managing agent, and their duly authorized agents or employees, to enter upon his section from time to time for the purpose of inspecting the section and taking such action as may be reasonably necessary to eradicate such pests. 2 The costs of the inspection, eradicating any such pests as may be found within the section, replacement of any woodwork or other material forming part of such section which may be damaged by any such pests shall be borne by the owner of the section concerned.