PEBBLE ROCK GOLF & BUSHVELD ESTATE HOUSE RULES

Transcription

1 PEBBLE ROCK GOLF & BUSHVELD ESTATE Approval Status Pebble Rock Golf and Bushveld Estate Pebble Rock Golf Village Homeowners' Association Board of Directors 27/09/2010 Burkea Park Estate Controlling Body Waterville Trust

2 CONTENTS i. GOVERNANCE FRAMEWORK INTERPRETATION APPLICABILITY DISCLAIMER KEY COMMUNAL VALUES SECURITY & ACCESS CONTROL BUILDING REQUIREMENTS AND CONSTRUCTION UPKEEP OF DWELLINGS, GARDENS AND ADJACENT AREAS GOOD NEIGHBOURLINESS TRAFFIC, OPEN SPACES AND ENVIRONMENTAL ASPECTS LETTING AND RESALE ADMINISTRATION, SERVICES, LEVIES AND PENALTIES USAGE OF GOLF COURSE FOR NON-GOLF PURPOSES APPENDIX 1: SECURITY & ACCESS CONTROL PROTOCOL APPENDIX 2: PRE-BUILDING CHECKLIST APPENDIX 3: BUILDING CONTRACTOR S CODE OF CONDUCT APPENDIX 4A: PEBBLE ROCK ARCHITECTURAL PROTOCOL APPENDIX 4B: BURKEA PARK ARCHITECTURAL PROTOCOL APPENDIX 5: WASTE MANAGEMENT PROTOCOL APPENDIX 6: PROCEDURE FOR APPLYING TO CONDUCT BUSINESS FROM A RESIDENCE IN THE ESTATE APPENDIX 7: ENVIRONMENTAL PROTOCOL APPENDIX 8: ECOLOGICAL FOOTPRINT GUIDELINES APPENDIX 9: ESTATE AGENT PROTOCOL APPENDIX 10: ACCREDITED ESTATE AGENT AGREEMENT APPENDIX 11: LEVIES AND FEES SCHEDULE APPENDIX 12: PENALTIES SCHEDULE APPENDIX 13: PEBBLE ROCK CREDIT CONTROL AND DEBT COLLECTION POLICY APPENDIX 14: PROTOCOL FOR USING THE GOLF COURSE FOR NON-GOLF PURPOSES /09/2010 Page 2 of 40

3 i. GOVERNANCE FRAMEWORK 27/09/2010 Page 3 of 40

4 1. INTERPRETATION 1.1 The clause headings in these rules have been inserted for convenience only and shall not be taken into account in its interpretation. 1.2 In these House Rules, unless the context otherwise requires: "the Estate" the Entities Governing Body members rules values management office shall mean the Pebble Rock Golf Village, Burkea Park Estate and Waterville; shall mean the Pebble Rock Golf Village, Burkea Park Estate and Waterville Trust, respectively; shall mean the Pebble Rock Golf Village Homeowners' Association, the Burkea Park Estate Controlling Body and the Waterville Trust, respectively; shall mean the members of the Pebble Rock Golf Village Homeowners' Association, the Burkea Park Estate Controlling Body and the Waterville Trust, respectively; shall mean this set of House Rules, guiding the conduct of the members and residents of the Estate; shall mean a set of Key Communal Values, which the Entities ascribe to, in order to realize their objectives; shall mean the Pebble Rock Home Owner s Management Office. 2. APPLICABILITY The Estate has been developed to provide a gracious, comfortable and secure lifestyle for its members. The rules have been adopted in accordance with the Articles of Association of the Entities in order to ensure and promote such lifestyle. The Governing Body of the Entities must ensure that The Estate is governed as is prescribed and set out in the Articles of Association of the Entities. If the provisions of these House rules are in any way inconsistent with the provisions of the Articles of Association of the Entities, the provisions of the Articles of Association of the Entities shall prevail, and the provisions of the House rules shall be read in all respects subject to the provisions of the Articles of Association of the Entities. The rules are not intended to limit the lifestyle and/or investment of members, but rather to protect them and are binding equally on all members. Accordingly, members are not only bound by the rules but they are also protected by them. The rules are administered and enforced by the Governing Body of the Entities. It is the responsibility of every member to ensure that all of their invitees (including but not limited to tenants, staff, domestic workers, contractors and visitors) abide by the rules. 3. DISCLAIMER Any person wishing to enter the Pebble Rock Golf and Bushveld Estate and / or make use of the Private Open Spaces of Common Facilities in the Estate does so at his / her own risk. The Pebble Rock Golf and Bushveld Estate Governing Body and the registered members, their agents, employees and appointees, shall not be liable for any injury, loss or damage sustained by any owner, any other person or property arising from any cause whatsoever, including without limitation thereto, the negligence of any of the above persons or the intentional acts of any agents, employees and appointees. Without in any manner derogating from the above, all entrants to the Estate make use of the streets thereon, whether public or private, at his / her own risk. Whilst every effort is made to secure and monitor the Estate, the Governing Body and registered members, all their agents, employees or appointees shall not be deemed to have warranted the safety of any owner or other persons or property (whether moveable or immovable) on the Estate. All owners and residents are encouraged to ensure the security of their own homes. Alarm systems with armed response is recommended and residents should ensure that windows are closed and alarm systems are activated, especially when retiring for the night or when your homes are unoccupied. While the HOA takes all necessary steps to secure the Estate for potential breaches relating to entrance and egress it is the resident s responsibility to secure their own dwelling. 27/09/2010 Page 4 of 40

5 4. KEY COMMUNAL VALUES In line with the homogenous nature of the Estate, members are encouraged to embrace the following values: 4.1 We commit to sound estate governance Legislative compliance and professional estate management 4.2 We foster a family safety & security mindset Security management, access control and perimeter maintenance 4.3 We embrace a harmonious community lifestyle Levy commitments, good neighbourliness, nuisance management and pets 4.4 We value our property investment growth Up market brand, esthetical and architectural guidelines 4.5 We welcome visitors to our estate Family, friends, estate agents, domestic workers, contractors and golfers 4.6 We pride ourselves on environmental stewardship Indigenous plants, wildlife, water and energy conservation 4.7 We love, love, love golf Member conduct on country club property The values are linked to the rules for the purpose of highlighting the communal benefits of the rules, and are not intended to be legally binding on the members. 27/09/2010 Page 5 of 40

6 5. SECURITY & ACCESS CONTROL 5.1 All members, tenants, staff, domestic workers, contractors and visitors are required to adhere to the Access Control Procedures, as stipulated in Appendix 1: Security & Access Control Protocol. 5.2 All members, tenants, staff, domestic workers, contractors and visitors are required to adhere to the Electric Perimeter Fencing Restrictions, as stipulated in Appendix 1: Security & Access Control Protocol. 5.3 All members, tenants, staff, domestic workers, contractors and visitors are required to adhere to the Gatehouse Code of Conduct, as stipulated in Appendix 1: Security & Access Control Protocol. 5.4 All members and tenants are required to adhere to the Private Alarm and Security Systems Requirements, as stipulated in Appendix 1: Security & Access Control Protocol. 6. BUILDING REQUIREMENTS AND CONSTRUCTION 6.1 Buildings per property, subdivision and consolidation No member shall be entitled to erect more than one residence on a stand No subdivision of any property shall be allowed Consolidation will be allowed if approved in writing by the Governing Body. 6.2 Building plans All building plans shall comply with the requirements as stipulated in Appendix 4A: Pebble Rock Architectural Protocol and Appendix 4B: Burkea Park Architectural Protocol, respectively. 6.3 Building size Members shall not be entitled to erect a residence of which the square meters of the house and any outbuildings are smaller than stipulated in Appendix 4A: Pebble Rock Architectural Protocol and Appendix 4B: Burkea Park Architectural Protocol, respectively. 6.4 Building deposits Prior to commencing with construction, building deposits are payable as stipulated in Appendix 11: Levies and fees schedule. 6.5 Pre-building requirements Site cleaning and building may only commence once Appendix 2: Pre-building checklist has been signed-off by the Governing Body. 6.6 Construction phase Members are obligated to ensure that contractors in their employment adhere to and are informed of these house rules, Appendix 1: Security & Access Control Protocol, Appendix 3: Building Contractor s Code of Conduct and the terms and conditions set out in the Entity's standard building agreements Members shall be responsible for building a periphery fence/wall as stipulated in Appendix 4A: Pebble Rock Architectural Protocol and Appendix 4B: Burkea Park Architectural Protocol, respectively All contractors and sub-contractors shall comply with the requirements as stipulated in Appendix 3: Building Contractor s Code of Conduct. 6.7 Taking occupation No member/tenant will be allowed to stay on the premises overnight before the building in which they wish to stay, 27/09/2010 Page 6 of 40

7 has been completed Should a member/tenant move in or stay on the premises overnight before an occupation certificate has been handed in, the Governing Body shall impose a penalty as set out in Appendix 12: Penalties schedule. 6.8 Liability for damage to estate property The member and the contractor shall be responsible for any damage to streets and/or kerbs within the estate and/or any other damages caused within the estate. 7. UPKEEP OF DWELLINGS, GARDENS AND ADJACENT AREAS 7.1 Neatness and aesthetics Whenever the Governing Body considers that the appearance of any land or building vested in a member or members is such as to be unsightly or injurious to the amenities of the surrounding area, the Governing Body may serve notice on such member or members to take such steps as may be specified in the notice to eliminate such unsightly or injurious condition Every member/tenant shall maintain and keep the garden within his property in a neat, tidy and manicured condition, and in the event of such member failing to do so to the satisfaction of the Governing Body, the Governing Body shall be entitled to take such action as may be necessary to rectify the situation and to charge the member concerned Every member/tenant is obligated to maintain, trim and keep clean and tidy and manicure the area between the street and the boundary of his property Garden fences/walls and outbuildings forming part of the streetscape shall be maintained kept neat and clean and painted where necessary Plants may not obscure the vision of motorists Caravans, trailers, boats, tool sheds, equipment, tools, engine and vehicle parts as well as accommodation for pets, are to be sited out of view and screened from neighbouring properties and streets Washing may only be hung on lines screened from the street and from neighbouring properties. 7.2 Waste management All members/tenants shall deal with their refuse as stipulated in Appendix 5: Waste Management Protocol. 7.3 Rubble, excessive weeds and/or vegetation Members/tenants are responsible to remove rubble dumped on their properties even if dumped by others Vacant stands must be kept clean, free of rubble and free of excessive weeds and/or vegetation or growth to the satisfaction of the Governing Body. 7.4 Fire prevention Members/tenants are obligated to take all reasonable precautions in order to prevent fire spreading from his property to any bordering property as required by the National Veld and Forest Fire Act (Act 101 of 1998). 8. GOOD NEIGHBOURLINESS 8.1 Noise The volume of music or electric instruments, partying and the activities of domestic workers should be kept at a level not disturbing to the owners of adjoining properties. 27/09/2010 Page 7 of 40

8 8.1.2 The mechanical maintenance and use of power tools, lawnmowers and the like should only be used on Mondays to Saturdays: 07h30 18h00, so as not to cause nuisance to the neighbours. 8.2 Resident workers Resident workers must live in approved quarters, which quarters must form part of the outbuildings as stipulated in Appendix 4A: Pebble Rock Architectural Protocol and Appendix 4B: Burkea Park Architectural Protocol, respectively At no time whatsoever may there be more than two workers resident on any property. 8.3 Child safety Parents are obligated to ensure that their children do not play on the Golf Course, in any dams, lakes, stream and in the streets Swimming pools and Jacuzzis shall be secured (fenced and covered) in accordance with the Local Authority bylaws. 8.4 Commercial / business activities Member s properties in the Estate are solely intended for residential purposes. Certain low-key business/hobby activities will be considered by the Governing Body, upon receipt of a formal application, as stipulated in Appendix 6: Procedure for applying to conduct business from a residence in the Estate. 8.5 Animals & pets The local authority bylaws relating to pets are applicable to all pet owners and will be strictly enforced Domestic animals and pets may be kept on condition that they are at all times kept within an enclosed area within the owner s property. If the property is not fenced, dogs will not be allowed on the property No member/tenant living on a stand (Pebble Rock) shall be allowed to keep more than two dogs and two cats without the written approval of the Governing Body. No poultry, pigeons, aviaries, wild animals or livestock shall be kept on a stand No member/tenant living on a plot (Burkea Park) shall be entitled to practice any form of farming or kennels on the property and no more than 2 (two) horses, 4 (four) dogs and 10 (ten) chickens may be kept on the property. The Governing Body shall in all cases have the discretion to determine whether any activity represents farming or kennels and the decision of the Governing Body shall be final Dogs must always be on a leash when being walked in the Estate Should any excrement be deposited in a street or other public area, the owner of the pet shall immediately remove it Pets are not allowed to roam the streets, a failure of which shall result in the pet being pounded and a penalty, as set out in Appendix 12: Penalties schedule, shall be levied prior to release Every pet must wear a collar with a tag indicating the name, telephone number of its owner Stray pets without identifications tags will be pounded as set out in clause The Governing Body reserves the right to have a pet removed should it become a nuisance within the estate. The Governing Body has an unfettered discretion in this regard, but will not exercise the said rights 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 Cats must be sterilised and must wear a bell around their neck to prevent them from hunting birds. 8.6 Number of occupants or residents permitted to live on any one property No member shall accommodate or allow the accommodation of more persons in any residents than the maximum number determined in accordance with the following schedule: 27/09/2010 Page 8 of 40

9 2 (two) bedrooms - 4 (four) persons 3 (three) bedrooms - 6 (six) persons 4 (four) bedroom - 8 (eight) persons 5 (five) bedrooms - 10 (ten) persons 9. TRAFFIC, OPEN SPACES AND ENVIRONMENTAL ASPECTS 9.1 Traffic All national, provincial and local authority laws, by-laws and regulations shall apply mutatis mutandis to all drivers, vehicles and roads on the Estate. All roads, pathways and other common areas shall be regarded as public road as defined in the National Road Traffic Act 93 of 1996 (as amended) for purposes of enforcement of the aforesaid laws, by-laws and regulations The streets of the Estate are intended for vehicle and pedestrian traffic by all occupants. Drivers of motor vehicles do not have a preferential right of use, and are obligated to afford all other users of streets an equal right of use The speed limit is restricted to 40 km per hour, or as instituted from time to time by the Governing Body, and enforced through appropriate means Motor- and quad bikes may not be used in a manner that may cause a disturbance to others. The use of motorand quad bikes for recreational purposes is prohibited from 15:00 on Saturdays to 06:00 on Mondays In addition to the provisions of quad bikes and golf carts will also be allowed on the Estate roads, subject to: The driver being at least 16 years of age; The driver is in possession of a valid driver s license pertaining to any code of vehicle. 9.2 Open spaces and environmental aspects No person shall do anything or omit to do anything that may in the opinion of the Governing Body be likely to have a detrimental effect on the environment or that is likely to unreasonably interfere with the use and enjoyment of common areas and/or the golf course by residents and their invitees The Governing Body shall be entitled to control all aspects of the environment on or about the Estate including but not limited to the management and control of fauna and flora as stipulated in Appendix 7: Environmental Protocol The Governing Body shall from time to time issue guidelines for members to reduce the ecological footprint within the Estate. Although the guidelines contained in Appendix 8: Ecological Footprint Guidelines are not legally binding, members are encouraged to implement the guidelines as part of the collective effort to reduce the ecological footprint within the Estate. 10. LETTING AND RESALE 10.1 The use of estate agents when selling or letting a property Should a member sell or lease a property it will be the member s prerogative to appoint an estate agent of his/her choice. It is however recommended that members use an estate agent accredited by the Governing Body. Accredited estate agents form an integral part of the Estate s marketing and add tremendous value to member s properties. Non accredited estate agent did not agree to market the values of the estate and will pay a premium to enter the Estate for marketing purposes, as set out in Appendix 11: Levies & fees schedule The Governing Body reserves the right to limit the number of accredited estate agents operating within the Estate, the aim of which is to develop a dedicated pool of agents forming an integral part of the Governing Body s initiatives to market the Estate. 27/09/2010 Page 9 of 40

10 All accredited and non accredited estate agencies and estate agents are bound by Appendix 8: Estate Agent Protocol and shall be liable to pay a yearly accreditation fee determined by the Governing Body, as set out in Appendix 11: Levies & fees schedule. The Governing Body reserves the right to amend these fees from time to time The member is obligated to ensure that the agent is in possession of a copy of Appendix 1: Security & Access Control Protocol and Appendix 8: Estate Agent Protocol and also binds himself thereto Private sales and letting Should a member sell or let his property privately, the seller should ensure that the purchaser / lessee is informed about and receives a copy of the articles of association and these rules or any other administrative regulations applicable at the time Viewing of properties Potential buyers will not be allowed entry to the Estate without the presence of an estate agent or prior notification and appointment with the owner, in which case the owner should meet the prospective buyer at the gate house Compulsory membership of the Governing Body Upon selling the property, the member is obligated to inform the new owner of the compulsory membership of the Governing Body and that the new owner shall become a member upon the registration and transport of the property into his name. 11. ADMINISTRATION, SERVICES, LEVIES AND PENALTIES 11.1 Administration, levies and penalties All members are bound by the administrative requirement set out in the Articles of Association of the Entities Apart from the stipulations contained in the Articles of Association, all members are bound to the Levies and Fees as set out in Appendix 11: Levies & fees schedule. This schedule will be updated by the Governing Body on an annual basis Failure to comply with the stipulations contained in the Articles of Association and these house rules may result in members being penalised as set out in Appendix 12: Penalties schedule. This schedule will be updated by the Governing Body on an annual basis Member s failure to make payments of levies, fees and penalties as set out in the Articles of Association and these house rules shall result in the Governing Body taking action as set out in Appendix 13: Credit Control and Dept Collection Policy Water provision Members shall pay for water connection as set out in Appendix 11: Levies & fees schedule. This schedule will be updated by the Governing Body on an annual basis Replacement and maintenance of water meters are for the account of the member Members shall pay monthly for water consumptions, as levied by the Governing Body. Water tariffs shall be revised by the Governing Body or the appointed service provider on an annual basis The Governing Body reserves the right to levy the unnecessary, excess use of water at a higher tariff as will be set out in Appendix 11: Levies & fees schedule, from time to time. 12. USAGE OF GOLF COURSE FOR NON-GOLF PURPOSES Although the Golf Course is a major added-value aspect of every owner s property, the Country Club is a separately owned, private property. Limited access is allowed to the course for those not officially playing golf. All Estate members, tenants, staff, domestic workers, contractors and visitors are therefore required to adhere to the rules for usage of the golf course for nongolf purposes, as stipulated in Appendix 13: Protocol for using the golf course for non-golf purposes. 27/09/2010 Page 10 of 40

11 APPENDIX 1: SECURITY & ACCESS CONTROL PROTOCOL 1. RATIONALE FOR SECURITY & ACCESS CONTROL PROTOCOL In order to achieve the security objectives of the Estate, security management disciplines, relating to access control and security system maintenance, must be employed. 2. WARNING The Estate has a security system comprising perimeter security, access control and physical patrolling. The system has a detection purpose only. It serves as a deterrent and is not guaranteed to prevent any intrusion into the Estate. The perimeter fence is electrified and could cause injury if touched. 3. ACCESS CONTROL PROCEDURES 3.1 Members Access Discs Members and tenants Members and tenants should apply for electronic Member Access Discs at the management office. They may also apply for additional Member Access Discs for their non-residing children and parents Other parties who can apply for Member Access Discs: Members of Pebble Rock Country Club Administrative staff of Pebble Rock Country Club Accredited estate agents 3.2 Photo Identification Access Cards Resident and Permanent Workers Members should apply at the management office for Photo Identification Access Cards for each resident and permanent worker in their service. These access cards should be renewed during February of each year The Country Club should apply at the management office for Photo Identification Access Cards for each resident and permanent worker in their service All Country Club service providers should apply at the management office for Photo Identification Access Cards for each worker in their service Only workers in possession of a Photo Identification Access Card shall be allowed to enter and exit the Estate on foot and should at all times be able to present such card, the failure of which will result in the removal of such worker from the Estate All employers should ensure that foreign employees are in possession of the relevant legal documentation. The Governing Body is indemnified against any liability should this not be the case. 3.3 Non- photo identification Access Cards Contracted security company Upon appointment of the security company, Secondary Access Cards are issued for use at the gatehouse Building and other contract workers Members are obligated to ensure that contractors in their employment adhere to and are informed of these rules, the security protocol at the gatehouse, security stipulations, the Contractors Code of Conduct and the terms and conditions set out in the Association's standard building agreements During the building phase of a residence, builders and contractors shall apply for non-photo identification cards for all their workers and sub-contractors on every site upon which they are working. If there are 50 (fifty) people working on a site, there must be 50 (fifty) cards on the site. These cards are only valid for 9 (nine) months where after they are to re-apply for cards. Builders and contractors will give an indication on the application of the intended date of completion of the project For all maintenance, repairs and minor construction (contract work) outside of the building phase of a residence exceeding 5 (five) working days clause applies. For contract work of less than 5 (five) working days Clause 3.4: 27/09/2010 Page 11 of 40

12 Casual Worker Access Procedure applies All builders workers must be transported by vehicle to and from the building site. No worker in possession of a Nonphoto identification Access Card is allowed to leave the working site or walk around in the Estate Contractor's may only access the Estate after 06h00 and must exit the estate by 17h30 on normal weekdays, and between 07h00 13h30 on Saturdays. Any exceptions must be pre-arranged with the Governing Body. These times are called "public times" NOTE: No contractor activity is permitted on Sundays and public holidays, as these days are viewed as private time No watchmen/night guard shall be allowed on any building site outside of the normal contractors working hours as specified in Casual Worker Access Procedure To gain entry into the Estate, all casual workers (including, but not limited to, domestic help, gardeners, building casuals, maintenance contractors, etc.) must submit an ID document, temporary ID document, or in the case of foreigners, a valid Asylum Seeker Temporary Permit at the gate house. These documents will be returned to the person upon leaving the Estate All casual workers must be transported by vehicle to and from the building site/residence. No casual workers will be allowed to enter and exit on foot No casual worker is allowed to leave the building site/residence or walk around in the Estate Members/tenants may not bring casual workers, who have not gained entry in accordance with 3.4.1, in or out through the gate in a vehicle. 3.5 Couriers and deliveries All parcels delivered by couriers shall be left at the gatehouse, after which the security personnel will inform the member of the delivery Deliveries to building sites shall be scheduled during public times as set out in clause Delivery vehicles shall exit the Estate by no later than 17h30, a failure of which shall result in a penalty as set out in Appendix 12: Penalties schedule Deliveries to residences, including but not limited to appliances, furniture, gardening material, building material for small projects, can be scheduled during public and private times, subject to prior arrangement with the gate house. 3.6 Estate agents Estate agents shall register at the management office in accordance with the procedure as set out in Appendix 9: Estate Agent Protocol, upon which an Access Disc will be issued. 3.7 Visitor entrance procedure Visitors are required to present a valid identification card (ID or drivers license) as part of the registration process at the gate house Visitors are required to complete a form indicating whom they are visiting as part of the registration process at the gate house In the instance of a member/tenant/country club expecting multiple guests, a visitor list (also available at the gate house) containing the driver s name and the vehicle registration number should be completed and submitted to the gate house prior to the arrival of the visitors. 3.8 Visitor Exit Cards Members/tenants shall purchase Visitor Exit Cards from the management office. Visitors can only exit the Estate by depositing the Visitor Exit Card in the slot provided at the Visitor Exit Boom Should a member/tenant be unable to provide the visitor with a Visitor Exit Card, the members/tenant shall accompany the visitor to the gate house and open the boom with his/her Members Access Disc. 4. ELECTRIC PERIMETER FENCING RESTRICTIONS No members/tenants on foot, bicycles or motorized vehicles are allowed on the strip, cleared of vegetation, along the perimeter fence as this area is reserved for official security and maintenance purposes. 27/09/2010 Page 12 of 40

13 5. GATEHOUSE CODE OF CONDUCT All members, tenants, staff, domestic workers, contractors and visitors shall treat the security personnel in a co-operative and courteous manner, a failure of which shall result in a penalty being imposed by the Governing Body. 6. PRIVATE ALARM AND SECURITY SYSTEMS REQUIREMENTS It is preferred that members/tenants who wish to link their burglar alarm system to a reaction service does so through the officially appointed service provider of the Estate. 27/09/2010 Page 13 of 40

14 APPENDIX 2: PRE-BUILDING CHECKLIST 1. RATIONALE FOR CHECKLIST In the interest of safety, security, the avoidance of health risk incidents, as well for as the protection of the premises and the other properties, building contractor management disciplines must be employed. 2. INTRODUCTION Site cleaning and building may only commence once this Pre-building checklist has been signed-off by the Governing Body. MEMBER: ERF NO & STREET NAME: TEL: CELL: Approved All levies are up to date Building plans approved by Governing Body Building plans approved by Local Authorities Building deposit paid Lock-up tool shed provided Chemical toilet facilities provided Building contract between member, contractor and Governing Body signed Agreements for the Governing Body signed APPROVED BY: DATE: SIGNATURE: 27/09/2010 Page 14 of 40

15 APPENDIX 3: BUILDING CONTRACTOR S CODE OF CONDUCT 1. RATIONALE FOR CODE OF CONDUCT In the interest of safety, security, the avoidance of health risk incidents, as well for as the protection of the premises and the other properties, building contractor management disciplines must be employed. 2. INTRODUCTION This code is applicable to all building contractors (including sub-contractors) and suppliers who undertake building works in the Estate. The member is obligated to ensure that the builders, contractors (including sub-contractors) and suppliers is in possession of a copy of this protocol and also binds himself thereto. 3. ENFORCEBILITY Should a contractor breach or allow the breach of any provision of this protocol by his employees, workers, a sub-contractor or its workers, the Governing Body may itself rectify the breach as deemed necessary and claim any expense from the contractor and/or suspend building activity until such breach is remedied. It may do so at any time and without notice and without recourse from the owner and/or contractor and/or sub-contractor. 4. ACCESS CONTROL 4.1 All building contractors (including sub-contractors), their workers and suppliers who undertake building works in the Estate are bound by the access control rules as set out in Appendix 1: Security & Access Control Protocol. 4.2 All building contractors (including sub-contractors) must see to it that workers do not raid other owner s property, and that workers are restricted to the building site. 5. BUILDING SITE CLEANING AND RUBBLE REMOVAL 5.1 Building contractors shall ensure that the building site is reasonably tidy and free from rubble and other building material, which may be unsightly, during the construction phase of the dwelling, a failure of which shall result in a written notice from the Governing Body to the member and / or denying access to the Estate until adherence. 5.2 Building material may under no circumstances be dumped on the sidewalks or other open spaces in the estate, a failure of which shall result in a written notice from the Governing Body to the member. 5.3 Building contractors shall furnish rubbish containers and, at all times, shall keep the premises free from accumulation of rubbish and building refuse caused by construction, a failure of which shall result in a written notice from the Governing Body to the member. 5.4 Building contractors shall ensure that workers use the rubbish containers and remove the rubble on a weekly basis, a failure of which shall result in a written notice from the Governing Body to the member. 5.5 No building rubble shall be burned on site, a failure of which shall result in a written notice from the Governing Body to the member. 5.6 Failure to adhere to a written notice from the Governing Body and to comply therewith may result in the Governing Body imposing a fine on the member as set out in Appendix12: Penalties schedule. 6. MATERIALS Where materials are offloaded by a supplier, on or partly encroaching, onto the pavement or roadway, the materials must be moved onto the site by the contractor as soon as possible. No material must be allowed to remain on the roadway or pavement and it is the contractor and owner's responsibility to clear the pavement and/or roadway of any such materials. The same applies to sand and/or rubble that have been washed or moved onto the road during building operations. 7. BUILDING HOURS Contractor's may only access the Estate after 06h00 and must exit the estate by 17h30 on normal weekdays, and between 07h00 13h30 on Saturdays. Any exceptions must be pre-arranged with the Governing Body. These times are called "public times" 27/09/2010 Page 15 of 40

16 NOTE: No contractor activity is permitted on Sundays and public holidays, as these days are viewed as private time. 8. DELIVERIES During the building phase of a residence, deliveries from suppliers shall be scheduled in public times during the week only, as set out in clause 7. No deliveries of building supplies to building sites shall be allowed on Saturday. 27/09/2010 Page 16 of 40

17 APPENDIX 4A: PEBBLE ROCK ARCHITECTURAL PROTOCOL INTRODUCTION: Prior to submitting Plans to the Nokeng Tsa Teamane Municipality, all Property Owners will be required to submit Building Plans to the Pebble Rock Golf Village Home Owners Association for aesthetic and planning approvals. Any superficial alterations to any building or property, which would not normally require Municipal approval, including vegetation, landscaping, fencing and/or screening, will require Pebble Rock Golf Village Home Owners Association approval. The Reviewing architects will always take a global view of what is most beneficial to the Estate, while balancing the individual requirements of the Owners. This document is for guidance purposes only and apart from those items specifically excluded within the Deed of sale, all submissions will be treated on merit and discussions entered into if necessary. DESIGN GUIDELINES: Pebble Rock Golf Village will have a well-established Golf Course and Golf facilities and will ultimately comprise of 300 Residential stands, within which the Pebble Rock Golf Village Home Owners Association will encourage the natural development of houses within certain parameters. The purpose and goal of the Pebble Rock Golf Village Home Owners Association is therefore to ensure that all structures and buildings erected should conform to the Pebble Rock Village image to enhance the environment to the benefit of all Residents. It is important that particularly houses fronting onto the Golf Course must establish a strong relationship with the Course. This will be achieved through front lawns and lower boundary enclosures, which will have to be adhered to. On the street face, the suburban Residential Village streetscape must be adhered to. This will be achieved by keeping the boundary enclosures to a minimum height and uniform as far as possible. The careful placing of garages, front gates (if necessary), lighting and landscaping should also enhance the streetscape. The general Village theme lends itself to the potential of a verandah or patio with a reasonable covered area and this element should be incorporated into all residences if at all possible. Street-facing entrances to houses should preferably have a roof-covering or entrance porch. GENERAL DESIGN PRINCIPLES: All areas and structures within the Estate must share the Village theme as a common criterion. Through the application of these criteria an integral and homogenic style and finish will be achieved to the benefit of all the Estate Residents. A proposed range of finishes and elements have been approved and by adhering to this range and by applying additional criteria specific to any area, sufficient scope will be conceded to suit individual requirements of the Residents as well as preferred taste, while maintaining a sense of harmony to enhance the environment and theme. Attention must be drawn to Conditions relating to permitted building positions relative to existing trees, vegetation, flood water levels and height restrictions (2 storey structures allowed). These Conditions are detailed in the Town Planning Conditions, where relevant, and Residents should be aware of same prior to submission of any Plans for approval purposes. ROOFS: Only profiled concrete roof tiles will be allowed. Colour range will be provided. Concrete flat roofs ("slabs") will be allowed on condition that 60% minimum of the total roof area shall have a pitch of at least 26º. Minimum roof overhangs of 600 mm. All exposed roof structures to be in an approved timber. Minimum 60% of all roof areas to have pitch of 26º while remainder of roofs to have a pitch of 17.5º or less. TV Antennas and Satellite Dishes to be positioned with the necessary care and consideration for the Village image. EXTERNAL WALLS: Minimum 60 % of all external residence walls (excluding doors & windows) to be in a struck-off plaster finish in the colour range provided. A 40 % allowance for natural stone finish and/or facebrick will be considered if treated with the necessary care and aesthetic consideration. Plinths at aprons (if no downpipes or gutters are installed), will be allowed in a natural stone/ facebrick finish of minimum 510mm above apron level to full perimeter of Residence. 27/09/2010 Page 17 of 40

18 Exposed gutters and downpipes will be allowed, on condition that these elements will be painted in the colour range provided. EXPOSED WINDOWS & DOORS: Timber window and doorframes will be allowed. Anodized or powder-coated aluminium shopfronts as well as windows will be allowed. Only Timber finish garage doors will be accepted. Patterned and slatte`d finish doors are to be in accordance with the Village image and should not be over- elaborated. SPLASH POOLS: Note that only splash pools of a maximum of 24 square meters will be allowed in order to limit the impact on the environment. DRIVEWAYS & PAVING: Paving on driveways from street to boundary line in an Autumn Blend mix pavers only. Pavers with an acceptable textured finish on courtyards, driveways, terraces and aprons. FENCING: Boundary walls (See golf course boundary walls for exceptions) height will be 1.8m and properly constructed out of a solid wall in a struck-off plaster painted finish on the inside. The outside (excluding street boundary) may be left in raw brick finish, cleaned of excess mortar. Side boundary walls - as prescribed hereinabove. Golf Course boundary walls height of 1.2 m of which 60% must be a solid constructed wall and 40% palisade or similar approved materials. Street boundary walls - height 1.8 m; alternatively - height 1.8 m in the proportion of 60% solid wall and 40% palisade or similar approved materials; alternatively - No street boundary wall Motor vehicle or pedestrian gates to be a maximum of 1,8 m high in mild steel or timber finish. The design of the gates to show consideration for the Village image and over-elaborated designs will not be considered SIGNAGE: Street numbering to be compatible with the Village image and with general signage within the Development no other signage / posters will be allowed. BUILDING LINES / SQM: Street Building Line: 5,0 m from boundary line. Golf Course Building Line: 5,0 m from boundary line for single storey structures. Golf Course Building Line: 8,0 m from boundary line for double storey structures. Side and Back-to-Back Boundaries: 2,0 m from Boundary line for single storey (Note: 2.0m servitudes where applicable). Side and Back-to-Back Boundaries: 3,6 m from boundary line for double storey structures. Minimum 200 m² Residences (including garages) will be allowed. WASHING LINES: All washing lines to be properly screened by means of struck-off plaster painted finish walls from streets and Golf Course sightlines. SOLAR GEYSERS: All solar panels must be installed flat on the roof. All geysers/solar systems should be fitted inside the roof, with a pump to rotate the water. Systems with external tanks will only be allowed when they are placed totally out of sight from all directions. RAIN WATER TANKS: All rainwater tanks shall be placed totally out of sight from all directions 27/09/2010 Page 18 of 40

19 GENERAL: PEBBLE ROCK GOLF & BUSHVELD ESTATE (PEBBLE ROCK GOLF VILLAGE, BURKEA PARK AND WATERVILLE) No razor wire, electric shock wires or any similar devices shall be permitted on houses or house fences. No tool sheds or Wendy houses are allowed. For unusual garden, pool or other feature items, ornamentation and embellishments, which may affect the visual appearance of a property, consent must be given by the HOA before installation. No shade cloth carports will be allowed. However, properly constructed carports within parameters of Architectural Guidelines will be allowed. Carports may be constructed over side Building lines (with the necessary permission and approvals). The visual impact of pools, waterfalls and other features on the Golf Course view must be considered and may require shrub or vegetation screening. No exposed sewer or water supply pipes will be allowed on external walls. Pipes to be properly screened off. Sightlines from balconies impeding on neighbours privacy will require consent and approval from the effected party. Maximum of 50 % coverage of Site Area for structures will be allowed. 27/09/2010 Page 19 of 40

20 APPENDIX 4B: BURKEA PARK ARCHITECTURAL PROTOCOL 1. BUILDING PLANS 1.1 All plans, together with terrain plans must be presented for aesthetic and conceptual approval to the approving authority appointed by the Controlling Body. 1.2 Plans are to be submitted with the building deposit and security clearance form to the Controlling Body for approval before being submitted to the Local Authority (Nokeng Tsa Taemane Municipality) for their approval. It is herewith recorded that the Controlling Body holds the right to prohibit purchasers to commence construction unless all plans have been approved in accordance with this paragraph. 1.3 Designs must take the surrounding design into consideration. 1.4 One copy of the original presentation shall be held together with a colour copy of the final presentation for record purposes. 1.5 Construction must be completed within 9 (nine) months after date of commencement. 1.6 The owner shall not be entitled to build more than one dwelling together with the normal outbuildings on the property without prior written permission from the Controlling Body. The Controlling Body shall not be forced to supply any reasons for withholding permission. 1.7 The owner shall not be entitled to erect a dwelling, excluding the outbuildings, smaller that 150 m2 (one hundred and fifty square meters) on the property and the dwelling is to be erected either simultaneously, or before, the outbuildings. 1.8 The owner is obligated to submit plans of all buildings and structures that he wishes to erect on the property to the Controlling Body for approval. Should such plans in the exclusive discretion of the Controlling Body not comply with the general standards applicable to Burkea Park Estate, the Controlling Body shall have the right to reject the plans and the owner shall not be entitled to commence any building according to the rejected plans. 1.9 The owner shall not be entitled to erect any buildings on the property closer to 10m (ten meter) from the boundary of any other property or closer than 15m (fifteen meter) from the boundary adjacent to the golf course or a street The owner shall be responsible for the fencing of the property and such fencing shall comply with the prescriptions and specifications as determined by the Controlling Body The property shall only be used for residential purposes only and no business of any nature may be carried on from the property without prior, written permission of the Controlling Body, which permission may be withheld without giving any reasons. 2 DRAFTING OF PLANS 2.1 Aesthetic approval of the normal municipal submission plans must be obtained before the plans are submitted to the Local Authority for approval in accordance with building regulations. 2.2 The accurate placing of all buildings and bordering properties must be shown on the terrain plan. 2.3 The design and outlay of the whole erf shall be considered right from the start. Special consideration is to be given to existing aspects on the terrain, namely current plants and topography and the last-mentioned is to be indicated by means of contour lines on the plans. 3 ARCHITECTURAL REQUIREMENTS 3.1 The main dwelling, excluding garages and outbuildings, may not be smaller than 150m2 (one hundred and fifty square meters). 3.2 The elevation of all buildings must meet the architectural standards in order not to detract from the general appearance of the surroundings. 3.3 No reflective roof material may be used. 3.4 Aesthetic consideration must be given to parapets, fascias, roof edging, roof finishing, gutters and roof material in general sheet verge tiles are to be used rather than rolled pans. 3.5 The use of artificial roof material will not be encouraged. 3.6 The outside finish and colour must be stipulated and colour samples may be required. 3.7 Sun shades, TV antennae and other items that are not part of the basic structure, must be marked and clearly named. 3.8 If solar panels are to be used, they must be included in the buildings so as to form an integrated part of the design right from the 27/09/2010 Page 20 of 40

21 beginning. 3.9 Outbuildings and extensions must correspond with the original design and style with regards to elevation as well as material, etc Staff quarters and kitchens must open out onto a protected patio or courtyard in accordance with the Council s requirements The walls of all enclosures must match the basic material of the buildings Units bordering directly on the golf course may have direct entrance to the golf course. The aesthetics of the tangent plane between the residential area and the golf course are considered very important. To prevent the erection of unsightly, solid walls facing the golf course, the Controlling Body will only allow the wall- or other material as approved by the Controlling Body from time to time No dwellings may be higher than one storey unless permission has been obtained from the Controlling Body for the erection of a second storey. The influence of a second storey on: a. The right of privacy of the neighbouring owners; and b. The view from the neighbouring dwellings, will be taken into consideration when application is made for approval of the sketch plans The treatment of pavements is deemed very important as it has a direct influence on the aesthetic appearance of the surroundings. The diverse nature of the surroundings should give rise to various street kerbs. In order to maintain a reasonable degree of visual integrity, the design of walls on street level will be strictly controlled: a. In the case of walls being erected on street level, only 30% (thirty per cent) of the wall may be erected as a continuous length directly on the border line; or b. Alternatively an approved steel palisade- or trellis fence may be erected on the property boundary. c. Garages with an entrance directly on street level must be erected at least 15m (fifteen meter) from the edge of the erf boundary in order to provide loading area for a vehicle. d. All boundary walls and fencing are subject to the approval of the Controlling Body and pre-cast walls are not allowed Sheds or temporary carports are not allowed No staff quarters may be closer to the street than the dwelling unless they are under the same roof or included in the whole design All visible plumbing must be hidden from street level Granny flats will be considered under special circumstances but no duo- or similar sectional title deed structures will be allowed No additional power- or water points will be allowed The owner shall not be entitled to erect any buildings on the property that are closer that 10m (ten meter) from the border of another property of closer that 15m (fifteen meter) from the boundary of the golf course or street To ensure reasonable visual integrity in the Estate, the design of boundary walls will be strictly regulated. a. Only 30 (thirty) % of the total boundary wall may consist of a solid wall. b. Only approved palisade- or trellis fencing may be erected. c. Entrances directly on the street must be erected at least 3m (three meter) from the boundary of the property. d. No pre-cast walling or diamond mesh fencing will be allowed. e. No boundary wall may exceed 1.8 meter in height. f. All boundary walls and fencing are subject to approval by the Controlling Body and the building / erection of a boundary wall and / or fence may not commence without prior written approval from the Controlling Body. 4 APPROVAL 4.1 A perspective drawing and photographs may be required. 4.2 In spite of the fact that the building plans may conform to all of the above mentioned, the approval or disapproval of such plans depends on the sole discretion of the Controlling Body, which approval will not be withheld unreasonably. 27/09/2010 Page 21 of 40