The Aloes Home Owners Association NPC(RF)

Transcription

1 1 The Aloes Home Owners Association NPC(RF) A non-profit company formed in accordance with the provisions of the Companies Act No. 71 of 2008 hereinafter referred to as the Aloes Home Owners Association (MATA) HOUSE RULES FOR FREEHOLD DWELLING UNITS IN THE ASSISTED LIVING SECTION OF THE ALOES 1. AIMS AND OBJECTIVES OF THE THE ALOES HOME OWNERS ASSOCIATION (MATA) The prime objective of these House Rules and regulations are to preserve and enhance the security, aesthetics, environment, and communal interests of all residents in the The Aloes Village who have a basic need and expectation for personal security in a peaceful and tranquil environment. This includes the objective to have an attractive home set in clean surroundings, while relaxing in the knowledge that assistance as well as a Care Centre offering related services subject to agreed arrangements, is near at hand should the need arise therefor. 2. INTRODUCTION 2.1 The House Rules (rules) have been formulated in terms of the Memorandum of Incorporation of MATA and are binding upon all the Owners of stands and the members of the Body Corporate, (which is formed in respect of the sectional title units), in so far as they may be applicable thereto, (henceforth referred to as Members) and their successors in title, or assignees It is the sole responsibility of the Members to familiarize themselves with the stipulations of the Memorandum of Incorporation of MATA and furthermore to ensure that their families, lessees, visitors, friends and their contractors and employees comply with the rules General consideration by all residents for the rules and each other will greatly assist in insuring harmonious relations between residents in the The Aloes Village.

2 Members and residents agree to prevent any actions or omissions impacting negatively on these stated Aims and Objectives. 3. MEMBERSHIP 3.1 Membership of the The Aloes Home Owners Association (herein later referred to as (MATA) is limited to the registered owners of stands and the Body Corporate, representing the owners of Sectional Title units, in The Aloes village. Membership is automatically conferred as soon as a stand is registered in a person s name or Sectional Title registered and the Body Corporate for such unit is established. 3.2 Membership of the The Aloes Home Owners Association (MATA) is terminated as soon as the Member ceases to be a registered owner of a stand or of a Sectional Title unit (in terms of the Body Corporate rules) in the The Aloes village The registered owner of a stand or Sectional Title unit may not resign as a Member of MATA or Body Corporate as the case maybe. 3.4 The rights and obligations of a Member are not transferable independently from the transfer of his property rights, and each Member shall to the best of his ability promote the interests and aims of MATA and strictly comply with all rules made by MATA 3.5 It is recorded that MATA shall be a member of the Aloes Lifestyle Estate Home Owners Association (hereinafter referred to as ALEMA) (the umbrella Home owners association of the greater Aloes Lifestyle Estate of which the the Aloes Village forms part). The rules of ALEMA shall be applicable to all members. 3.6 Owners of freehold properties in MATA are members of ALEMA as fully described in the Management and Conduct Rules of ALEMA 4. DIRECTORS AND MEETINGS OF MEMBERS 4.1 These House Rules as contained herein shall be ratified and adopted at the first Annual General meeting of Members and may thereafter only be amended by a 70 (Seventy) % (percent) vote of eligible Members at a subsequent annual General Meeting of Members should the need arise to do so. 4.2 DIRECTORS The Board of Directors (Board) consists of a minimum of 4 and a maximum of 7 Directors.

3 A quorum of meeting of Directors shall consist of 50 % of all acting Directors plus one Matters pertaining to MATA are managed by the Board which may exercise all competencies due to MATA, subject to such rules and regulations as may from time to time be resolved at a General Meeting of MATA The Board has the right to co-opt any person or persons designated by it on any committee which the Board may convene and under such conditions as the Board may from time to time prescribe The Board may in accordance with the Memorandum of Incorporation of MATA, also make decisions with reference to: The promotion of the objectives of MATA The improved management of matters pertaining to MATA or the promotion of the interests of Members or the regulation of Board or General Meetings and the management of activities in general; The appointment of committees The Board may not make decisions which are contrary to the Memorandum of Incorporation of MATA or in conflict with the aims and objectives of MATA and or the Aloes Lifestyle Estate Home Owners Association (ALEMA) These decisions as made in accordance with clause hereabove may be subject to change from time to time at the discretion of the Board of Directors It is agreed that any relaxation of these House Rules has to be applied for in writing with a detailed motivation by the owner to the Board of Directors who should judge each case on its merits. Any decision made by the Board of Directors in relaxation of the house rules in respect of an applicant shall not be seen as a precedent. Any decision made can be cancelled by the Board of Directors at any time if it results in an infringement of the Aims and Objectives of MATA. Any such amendment or changes to these rules as contemplated, shall come into effect immediately on adoption by the Board, and shall remain valid until ratified and adopted at the following Annual General meeting of members It is understood that it is impossible to regulate and prescribe for all eventualities in the House Rules, and if in doubt, such actions or omissions should be interpreted in terms of the Aims and Objectives of MATA

4 4 4.3 MEETINGS MATA will conduct General and Special Meetings as required in MATA Memorandum of Incorporation and relevant notification will accordingly be given to all Members A General Meeting will be convened annually, within a six month period after the financial year end Whenever a vote is taken at MATA meetings, every Member is entitled to one vote per stand/unit provided the Member s levies have been paid in full A quorum of all members of MATA attending a meeting shall be a minimum of 45 % (forty five percent) of all of the eligible of the members of MATA 5. BUILDINGS No members may; 5.1 Erect or have erected any pre-cast garden walls on the portion of their property. 5.2 Erect any fencing on the portion without the prior written approval of MATA, which approval shall not be withheld unless the Board of Directors together with the developer (until such time as the development is complete and or the developer moves off site) are of the opinion that such fencing is inconsistent with the aesthetic appearance of the portion or of the portions belonging to the other members of the Macadamia village. 5.3 Install and position television or radio aerials or solar heating panels which in the opinion of the Board of Directors are unsightly and/or inconsistent with the aesthetic appearance of the Macadamia village. 5.4 Extend, add or alter to an existing building or erect any other permanent or temporary building or structure on their unit or property without the written consent of the Board of Directors, before any alterations are undertaken. This applies to all structures but particularly to carports, lean-to s, garages, employee s quarters, storerooms, pergolas, wendy-houses and tool sheds. Such permission shall not be withheld, unless the Board of Directors is of the opinion that such buildings or structures are not in keeping with the architectural style and aesthetic rules of the existing buildings in the village. If the owner refuses to comply herewith, the Board may remove such structures at the cost of the owner.

5 5 5.5 A detailed plan of such extension or alteration or addition must be submitted to the Board of Directors for approval, such plans must be in accordance with the aesthetic rules of the village. After submission to the Board of Directors, the plan should then be submitted to the local authority for approval (if applicable). 5.6 Building lines may not be relaxed without the written approval of the Board. 5.7 No shade cloth will be allowed. 5.8 No washing lines shall be visible from the streets. 5.9 The outside décor of units cannot be changed without authorization. 6. PETS 6.1 When moving into the village, residents, owners are allowed to have a maximum of two (02) small dogs (below 10(ten) kg. However, if a pet dies, it may not be replaced without permission of the Board of Directors. Pets are not allowed to cause any nuisance or inconvenience in any way to others in the village. Resident s dogs with a predisposition to bark or howl will not be allowed in the village. 6.2 No pigeons, parrots, aviaries, or cats are allowed. 6.3 All pets must be kept indoors or within an enclosed area or on a leash at all times with the understanding that a dog owner will be obliged to erect a fence on or within his boundary the design of which will be specified and must be approved by the Board of Directors. 6.4 Dog owners must ensure that their animals are on leashes when off their premises and may, under no circumstances, foul other resident s or community property. 6.5 Should animal excrement be deposited in a public area, the pet owner shall be responsible for the immediate removal thereof. 6.6 Every pet must wear a collar with a tag indicating the name and telephone number of its owner. Stray dog s without identification tags will be apprehended and handed to the SPCA. 6.7 Members/residents must accept full responsibility for any injuries or damage to any person or property caused by the pet. 6.8 The Board of Directors reserves the right to request the owner to remove his/her pet should it become a nuisance in the village.

6 6 7. AGE RESTRICTION 7.1 There will be no restriction on the age of a Purchaser. 7.2 Residents of the assisted living section must be at least 45 (forty five) years of age save the provision as per clause No more than two permanent residents per unit within the freehold assisted living section will be permitted unless prior approval is obtained in writing from the Board of Directors 8. SECURITY AND RELATED MATTERS 8.1 The Board of Directors will set in place the guidelines (security protocol) for security, guarding, etc. 8.2 Security protocol at the gate must be adhered to at all times. 8.3 No interference with the security personnel is allowed. Any problems must be reported to the Security Officer, and if not available, to any Director of the Board or designated official. 8.4 Residents will be obliged to purchase a gate remote control for the security gates and must report to the Security Officer if the remote is lost, stolen or mislaid. 8.5 All Members, residents, their employees, and their visitors must ensure that the security protocol in respect of the village is strictly complied with. No residents may issue instructions to security personnel, only the Security Director and or designated personnel may do so. 8.6 The security personnel must be treated in a co-operative manner and should any visitor be found to abuse the security personnel or fail to adhere to the security protocol and or security requirements in place, they will be banned from future entrance to the village. 8.7 The speed limit in the village is restricted to 20 km per hour, save for this restriction all other rules as passed by the Board of Directors and statutory Road Traffic Rules will apply. 8.8 Parking of vehicles must not create an inconvenience to other owners and no vehicle repairs may be done on the roads or community parking areas in the village. Only licensed drivers may operate and drive electrically or engine powered vehicles in the village. No unroadworthy vehicles are permitted in the village.

7 7 8.9 Pedestrians will always have the right of way, and are motorists reminded to approach crossings with caution All employees, if applicable, must be registered with the Security Director s office and permission to work in the village must be obtained in writing. Identity documents must be produced on entry into the village. Any termination of contracts of employment must be reported to the Security Director office The Member/resident undertakes to maintain the external security light on his property in good working order. These lights may not to cause discomfort to neighbours New occupants (owners / residents) must advise the Security Supervisor on duty of their home telephone / cellular phone numbers and address Vehicles owned by residents must be parked in the garage or at the designated parking bay. No vehicle may be permanently parked outdoors While the Board of Directors undertakes to ensure the best possible security services to the village as a whole, it must be stressed that all residents are ultimately responsible for their own security. 9. REFUSE REMOVAL 9.1 Refuse bags will be collected once a week at 07h00 according to municipal collection days. Residents who fail to comply therewith shall be responsible for the removal of such refuse themselves. 9.2 Refuse bags are to be put out by residents at place or at the area designated by MATA 9.3 The bags must not be overfilled. 9.4 Garden refuse may be deposited on the pavement at a designated area only until 12h00 (midday) on the same day that the refuse is removed from the village. No garden or other refuse or rubble may be visibly deposited at weekends and public holidays. 10. LEVY 10.1 MATA has the authority to collect levies from its Members, to pay for expenditures made by MATA or expenditures which the Board may within reason anticipate MATA will need to incur in future, with regard to maintenance, repairs, improvements or upkeep of any of the common property (for example the boundary wall, entrance gate, open areas, fencing, roads and storm water systems, etc), and in general for the payment of all expenses reasonably, or

8 8 by necessity, incurred in terms of the management of MATA, and/or pursuant to its main objective as it was set out in the Memorandum of Incorporation. The levy will be set at the Annual General Meetings of MATA and ALEMA respectively 10.2 All levies are payable monthly in advance before the 05 th day of each and every month. It is compulsory that payment must be effected by way of debit order unless written permission to do so otherwise has been obtained from the Board of Directors A compulsory basic monthly levy must be paid to Macadamia Clinic (Pty) Ltd trading as Macadamia Care Centre (Care Centre Operator) as directed in accordance Clause 10.2 here above No owner should be entitled to any voting rights at any meeting of owners in the event that the owner is in arrears of payment of any of the levies as set out in Clause 10.2 and 10.3 here above All arrear and or outstanding amounts including late payments shall attract interest at 1.5 % per month or at such other rate as adopted at AGM of members of MATA. The interest rate shall be calculated on the outstanding amount from the date on which it became due and payable until the date of payment In the event that the Board of Directors of MATA are necessitated in having to institute any legal action in order to recover any outstanding amounts or any other litigation, the debtor and or owner shall be responsible for the MATA s legal costs on an attorney and client basis The Member chooses his Domicilium Citandi et executandi for purposes of service of any document as the unit or stand as situated in the Macadamia Village, unless he has supplied an alternative physical address in writing to MATA 11. COMPLAINTS / SUGGESTIONS: In the event of a complaint, the parties involved should attempt to settle the matter between themselves, exercising due tolerance, reasonableness and consideration. Where a dispute can not be resolved, and in particular a dispute between neighbours, the following procedure shall be followed: 11.1 All complaints, suggestions or exceptional circumstances pertaining to an individual must be made to the Board of Directors in writing with the relevant signature. The other party involved may be called upon to submit a written submission in reply thereto No unsigned correspondence will be accepted Only written complaints will be accepted for consideration by the Board of Directors. The Board of Directors at their sole discretion may decide as to whether the Directors will reconcile the parties and or investigate the complaints / suggestions.

9 If after investigation the Board of Directors are of the view that a decision can be made in the best interest of the village, such decision shall be final and binding in respect of the resolution of the dispute, and are the parties to give effect thereto and comply with the Board of Directors decision In the event that the Board of Directors are of the view that they are unable to resolve the dispute, then in that event they in their sole discretion may either: Inform the parties involved that the Directors are not prepared to arbitrate in the matter and or make a decision and then the parties to the dispute will have to resolve the dispute themselves and or by legal action and or arbitration; The Directors may refer the matter to an independent arbitrator, at the Directors discretion, in which event the arbitrator s fees shall be paid in advance in equal shares by the parties to the dispute; In this regard, the arbitrator s decision shall be final and binding and the arbitrator shall be entitled to make an award as regards legal costs. 12. INDEMNITY AND WAIVER 12.1 The Directors will not accept any responsibility for any accident, loss or damage to residents, visitors or property, while on the Macadamia village property All persons enter the village at their own risk No Member and or resident shall have any claim of whatsoever nature for damages against MATA as a result of a decision taken by MATA regarding the interpretation of these House Rules. 13. RESPONSIBILITY OF MEMBERS OWNERS/RESIDENTS 13.1 Residents shall not place or do anything to the outside of their units or their property or to the community property which is displeasing or undesirable when viewed from the outside of their unit or property All vehicles, caravans, boats, and trailers or any other large containers or objects, must be housed within an enclosed garage. None of the above-mentioned items may be parked in the roads or sidewalks or on other member s or residents properties Noise levels must be kept to a minimum at all times. Noisy radios, parties, etc., will not be allowed or tolerated in the village.

10 The use of vehicle hooters to beckon or attract attention, other than in terms of normal traffic safety, is prohibited. The lighting or discharging of fireworks within the village is strictly prohibited The recreational riding by children of bicycles, roller skates, skateboards or scooters within the village is not permitted. Adult residents will however be entitled to ride their cycles from their residence to the entrance and beyond No unauthorized trading or business activity will be allowed. Such authorized trading which impacts on the security or disturbing of the peace and tranquility of the village will not be allowed Security is an attitude. Residents are to be aware at all times of the need to enforce and apply security in order to make it work and to be effective. Residents should not hesitate to question any suspicious activity and or unknown persons not displaying formal ID cards. Such suspicious circumstances should be reported to the security officer immediately Any contravention of the House Rules by any person gaining access to the village with the authorization of the owner/ resident shall be deemed to be a contravention by the owner and be subject to a penalty in terms of the applicable rules Residents may not plant any vegetation with invasive roots, they shall also ensure that no noxious flora are planted or allowed to grow in their gardens. The owner will be held liable for any such damage caused as a result of non compliance hereof Residents are expected to maintain a high standard of garden. Owners / residents shall be obliged to keep their gardens in a neat and tidy condition. If deemed necessary, the Board of Directors shall notify such owner/s or residents to rectify the situation. Should such owner fail to comply, the Board will appoint a third party to do the necessary work and recover the cost thereof from the owner Access cards and or gate remote controls may not be utilized by anyone other than the owner / authorized resident, nor may they be loaned to other persons. Improper use hereof can lead to confiscation and or appropriate action being taken by the Board of Directors Upon vacating their properties residents must ensure that all gate remote controls are returned to the Board of Directors for security reasons Please be aware that all municipal by-laws are to be followed by residents and owners The Board, at its sole discretion, reserves the right to take appropriate action against any resident, Member who does not comply with the House Rules and

11 11 members/residents will be held responsible for any costs on an attorney and client scale incurred in order to enforce the House Rules, should it be necessary to do so. 14. RESALE OR LETTING OF PROPERTY 14.1 The concept of the Macadamia Aloes village imposes certain restrictions on the manner in which Estate Agents may operate therein. In order to ensure that the rules applicable at the village, which regulate property ownership and occupation of the premises in the village are made known to new owners and residents, the following rules relating to the re-sale and letting/leasing of units or property in the village shall apply: 14.2 SALE Should a Member wish to sell or lease his property, only a registered Estate Agent may be selected to manage the sale or lease of their unit/s or property The registered agent and the Member must ensure that the buyer and or tenant is informed of and receives a copy of these House Rules. These rules shall be attached as an annexure to any deed of sale or lease agreement A clearance certificate must be obtained from the Boards of Directors prior to any transfer of the property. (This will include a clearance certificate from MATA, ALEMA (as stated in ALEMA s Management and Conduct Rules) and the Care Centre Operator in the village) A property may only be let to or utilized in accordance with the applicable rules Under no circumstance may any part of the property be sub-let Agents may only operate on a by appointment basis, and must personally accompany a prospective purchaser or lessee. Agents are not permitted to have show houses in the village and or to erect any for sale or show house or to let signage boards, without the permission of the Board of Directors The Member acknowledges that he may not enter into an agreement of sale with a purchaser; Without first providing the prospective purchaser with a copy of these House Rules and any other rules which may be made by MATA from time to time. The House Rules

12 12 shall form part of the deed of sale between the parties as an annexure thereto Unless the Macadamia Clinic (Proprietary) Limited, ( Care Centre Operator) has advised, in writing, that an agreement has or will in due course be concluded between the prospective purchaser and Macadamia Clinic (Proprietary) Limited (Care Centre Operator) with the purchaser TRANSFER MATA shall consent to the sale and subsequent transfer of the member's property provided that: Macadamia Clinic (Proprietary) Limited ( Care Centre Operator) has certified to MATA in writing, that it has or will in due course enter into an agreement, on its standard form and documentation, with the prospective purchaser in terms of which it will provide services to the prospective purchaser. (In this regard it is recorded that in considering whether or not to conclude an agreement with the prospective purchaser, Macadamia Clinic (Proprietary) Limited ( Care Centre Operator) shall conduct an interview with the prospective purchaser and Macadamia Clinic (Proprietary) Limited (Care Centre Operator) shall be entitled, in it s sole and absolute discretion, to refuse. to enter into an agreement with the prospective purchaser) the prospective purchaser making payment to MATA of a "buy-in levy" calculated at 1% of the gross purchase price of the property with a minimum of R10,000.00, which buyin levy may be amended from time to time by MATA, as well as a contribution of.25% of the gross purchase price to ALEMA s stabilization fund as described in ALEMA s MOI The member provides proof to the satisfaction of MATA that the purchaser has signed an annexure to the deed of sale agreement containing the following conditions; the purchaser agrees that on registration of transfer of the property in his name; by his signature hereto, he will immediately become a member of MATA and be bound by the Memorandum of

13 13 Incorporation thereof, the terms of which he acknowledges being fully acquainted with, and also be bound by the Management and Conduct Rules, copy of which is annexed hereto for as long as he is the registered owner of the property he will remain a member of MATA and be bound by the Memorandum of Incorporation; should he sell the property he will ensure that his purchaser is made fully aware of MATA; ALEMA and the CARE CENTRE he will not be entitled to transfer the property without obtaining a clearance certificate from MATA; ALEMA and the CARE CENTRE confirming that all outstanding levies and other monies due to the associations and monies due to the Care Centre Operator have been paid and any third party purchaser has signed all necessary documents for his membership of MATA and ALEMA, as well as a service agreement with the CARE CENTRE he will not be entitled to rezone, subdivide or consolidate the property without the prior written consent of MATA which shall not be unreasonably withheld; the design of the buildings and any building plans in respect of any improvements to be erected on the property as well as any improvements themselves shall be subject to the prior written approval of MATA The Purchaser further confirms that the following provisions are to be inserted in the title deed to the property in this form or in such form as may be determined by the Registrar of Deeds, and are imposed as conditions in favour of the association: the owner of the property, or of any subdivision thereof, or of any interest therein shall not be entitled to transfer the property, subdivide, notarially tie transfer, subdivide or notarially tie the property or any subdivision thereof, or any interest therein, without the prior written consent of the associations which shall not be withheld if all monies owing to MATA by the owner to date of transfer have been paid; every owner of the property, or of any subdivision thereof, or of any interest therein, shall become and shall remain a

14 14 member of MATA and be subject to its Memorandum of Incorporation until he/she ceases to be an owner as aforesaid. Neither the property nor any subdivision thereof, nor any interest therein, shall be transferred to any person who has not bound himself/herself to the satisfaction of MATA to become a member thereof. The owner of the property shall not rezone, consolidate, subdivide or notarially tie the property without the prior consultation and written consent of the association, which consent will not be unreasonably withheld The above provisions are for the benefit of MATA and constitute a stipulatio alteri (contract for the benefit of a third party), which it may accept at any time before transfer of the property 14.4 LEASE OR LETTING A Member/owner may not enter into a lease agreement unless the lessee acknowledges in the lease agreement that upon occupation of the leased premises, he/she and his/her family, his/her visitors, his/her employees shall adhere to all rules and regulations as contained in the House Rules The lease agreement entered into shall contain a provision to the effect that the tenant agreed to be bound by the Memorandum of Incorporation of the Association and the House Rules applicable from time to time. The House Rules applicable as on date of signature of the deed of sale shall be annexed to the agreement to be read as part of the lease agreement The lease agreement entered into shall contain a provision to the effect that the tenants have agreed to a compulsory interview with the Care Centre Operator before they take occupation in terms of the Lease agreement.at this interview the services as offered by the Care Centre Operator and the terms and conditions for the use thereof will be brought to their attention and explained, should they require these services during the currency of the lease agreement In the event that tenants of owners continuously breach the conduct rules, owners may be requested to terminate the lease agreement and the owners and or tenants may be held responsible for the consequences which flow from the breach of the house rules. This rule shall be specifically written into the lease agreement.

15 15 15 INTERPRETATION OF HOUSE RULES In the event of a dispute in so far as the interpretation of the House Rules are concerned, the interpretation thereof by the Board of Directors of the Association shall be deemed to be binding. 16. MEETING OF MEMBERS 16.1 MATA will conduct Annual General and Special Meetings as required in the Memorandum of Incorporation of MATA and relevant notification will accordingly be given to all Members A General Meeting will be convened annually, within a six month period after the financial year end Whenever a vote is taken at MATA meetings, every Member is entitled to one vote per stand/unit provided the Member s levies have been paid in full. 17. LEGALITY AND PENALTIES 17.1 The Board of Directors of the Association MATA may in accordance with clause hereabove add to the House Rules from time to time, as may be deemed necessary to ensure effective administration of the village and harmonious coexistence of its residents, but these House Rules as contained herein may not be amended unless by a majority of Members at a properly constituted Annual General meeting House Rules are legally binding on Members/owners and lessees, and apply to other residents, employees and visitors as stated here above Any Member or resident who contravenes any provision of the House Rules shall be guilty of an offence and subject to a penalty in terms of the House Rules Penalties shall be determined at the first Annual General Meeting of MATA and may be amended and or varied at subsequent General Meetings from time to time The owner and or the offender will receive a written notification of the contravention of any of the rules and regulations and will be given an opportunity to remedy the breach thereof within 7 (seven) days of receiving written notice or such time as the Board of Directors agreed to remedy the breach.

16 Failure to take such action by the owner as ordered to remedy the breach, will incur a penalty. The decision to impose such penalty shall be made by the Board of Directors of MATA from time to time. In the case of a fine, such fine is to be paid within 21 (twenty one) days. If the said fine is not paid within the 21 (twenty one) day period, a further penalty, as may be decided by the Directors of MATA, may be imposed If after 21 (twenty one) days has lapsed since the imposition of the fine or penalty, despite notice to pay the fine or penalty imposed having been duly served, the Board of Directors will take appropriate action to ensure a proper compliance thereof, which may at the Director s discretion include the institution of legal action to recover any accumulated outstanding debt, or enforcement the imposed penalty, the costs of which will be for the account of the owner. MATA will be entitled to recover the legal costs on an attorney and client scale A person who is aggrieved by the fine may within 07 working days of the date upon which the fine was issued, lodge, in writing, his or her grievance with MATA The Board of Directors shall establish a Fines Appeal Committee to consider the representations of aggrieved persons, and that committee may confirm, reduce or uphold the fine A person who is not satisfied with the decision of the Fines Appeal Committee may appeal in writing to the Board of Directors, within 07 working days of having received the Fines Appeal Committee s decision. The decision of the Board is regarded as final. 18. CARE Macadamia Care Centre reserves the right to allow younger residents who are in their opinion handicapped or in need of services rendered by the Care Centre, to be admitted Macadamia Care Centre will be the sole provider of nursing care for all freehold dwelling units residents in the assisted living section of the village. Casual nursing and care workers will not be permitted on the property. Any exceptions to this must be authorized by the Matron in writing Macadamia Care Centre reserves the right of acceptance of any applicant into the freehold dwelling units. All applicant residents will be interviewed by Care Centre Management. Documentation including an application form, medical report, assessment form etc. must be completed prior to acceptance. If the applicant is accepted, a service agreement will then be signed by both parties detailing level of care and payment therefore. This will normally be in line with the standard levels of service and levies offered but can include additional services /charges according to the needs of the resident When an existing freehold dwelling unit resident requires additional medical care, the resident will be obliged to complete the Macadamia Care Centre s application

17 17 form including obtaining a full medical report. Macadamia will assess these documents together with the medical Practitioner. The residents condition will be appropriately categorized and a fee agreed for the service required. Charge will from time to time be increased as a result of inflation or extra services due to decrease in the residents health When a freehold dwelling unit resident is in need of medical care which cannot be reasonably provided in the dwelling unit, in consultation with the resident, medical practitioner and family, Macadamia nursing management will move the resident from the dwelling unit to a more appropriate facility in the Care Centre. The cost of this will be determined at the time. 19. DOMESTIC HELP 19.1 No outside domestic help or any other regular assistance from outside the village will be permitted without the written consent of Macadamia care Centre. Consent will only be granted in extraordinary cases 19.2 Any such domestic help will be subject to the management of the Care Centre Matron 20. LAUNDRY 20.1 Laundry service is included in the Care Centre Levy. All laundry must be clearly marked with the resident s name. No exposed laundry is allowed outside the unit or on patios