RIVER VALLEY HOME OWNERS ASSOCIATION (NPC) LIMITED. PROCEDURE FOR BUILDING PLAN APPROVAL (New Homes or Alterations) AND BUILDING CONTRACTOR ACTIVITY

Transcription

1 RIVER VALLEY HOME OWNERS ASSOCIATION (NPC) LIMITED. PROCEDURE FOR BUILDING PLAN APPROVAL (New Homes or Alterations) AND BUILDING CONTRACTOR ACTIVITY The purpose of this procedural document is to facilitate communicating the formal requirements regarding building plan approval; as well as conditions with regard to building/ contractor activity The procedure for building plan approval as well as the conditions for building contractor activity is contained in the registered House rules as well as the Conduct Rules of the Estate. Should this extract be in conflict with the Conduct Rules or the House Rules, then the Rules as registered will apply.

2 PROCEDURE FOR BUILDING PLAN APPROVAL 1 Depending on the nature of the alteration or addition, written consent from the affected neighbouring units (as determined by the HOA) may also be required. Where this consent is not unanimous, the objection/s will be considered by the Directors; the decision of the Directors will be final and binding. 2 Once plans have been approved by the City Council, a copy of the approved plan must be submitted to the HOA. 3 Where applicable, plans will be approved by the HOA and a consent letter will be issued by the HOA to be submitted with the plans to the City Council. A copy of the unapproved plan must be lodged with the HOA. 4 An approval letter permitting the owner to commence building will be issued and an agreement of the duration of the building operations must be signed. 5 Security will not allow access to the complex to any builder or building material supplier, or owner entering with building material unless authorised by the HOA. 6 The position and size of satellite dishes must be approved prior to installation. TV aerials are to be installed on the roof. 7 Lean-to's, fixed or free-standing carports and free-standing huts or storage structures will not be allowed. The erecting of shade cloth or net is not permitted without the Director's prior written consent.

3 CONDITIONS WITH REGARD TO BUILDING/ CONTRACTOR ACTIVITY No member may make any additions, alterations or extensions to any building on the Property without the written consent of the Directors. The primary intention of the provisions hereunder is to ensure that all building activity occurs with the least possible disruption to residents. In the event of any uncertainty, residents and/or their contractors are most welcome to contact the Estate s HOA members or Estate s Managing Agent. The conditions governing building activities that are set out in this document are rules adopted by the HOA and are therefore binding on all residents, their contractors and sub-contractors. Furthermore, all residents are obliged to ensure that their building contractors and subcontractors are made aware of the conditions and comply strictly with them. Residents are, therefore, required to include the conditions in their entirety in any building contract concluded in respect of property in the complex. Owners and tenants are required to comply with the conditions regarding complex architecture and the process for building plan approval. The HOA reserves the right to monitor building operations, via the Managing Agent and the Directors, in order to ensure building compliance with approved plans. The HOA has the right to suspend any building activity in contravention of any of the conditions and it accepts no liability whatsoever for any losses sustained by a resident as a result thereof. 1. No member may erect any further building or structure, whether of a temporary or permanent nature, on the Property without the written consent of the Directors. 2. Such approval by the Directors shall not be unreasonably withheld unless the Directors are of the opinion that such building or structure is not in keeping with the architectural style of the existing buildings concerned. 3 Homeowners wishing to avail themselves to any of the above must:

4 3.1 Give full particulars thereof including, where applicable, plans approved by the municipality, to the Estate s Directors (HOA). 3.2 Obtain written consent from the direct neighbouring homeowner(s) and provide the consent letters to the Estate Directors (HOA). 3.3 Provide proposed details of commencement date and anticipated completion date. 3.4 The homeowner may not commence with any of the abovementioned until the Directors have countersigned such plans and have given permission, in writing, to proceed. Conditions apply re Rules and Home Rules for Contractors (letter to be obtained). 3.5 Should such permission be granted, it shall pertain only to the plans submitted and approved and no variation thereof may be effected unless re-approved. 3.6 Building operations must be finalised within the approved completion date. Heavy fines may be imposed for non-adherence. 3.7 All refuse, debris etc. which result from any extension or improvement shall be removed by the homeowner concerned within two days. If such refuse, debris etc. is not removed, the Directors may cause it to be removed and all charges in connection therewith shall be for the account of the homeowner concerned and shall be paid by such homeowner to the account of the HOA on demand. 4 Should any construction or alteration to the property not conform to that as has been approved, Local Authority specifications or it detracts from the general appearance of the Complex, then the Directors may enforce restitution. Legal action and a penalty may also be enforced. 5 Homeowners in dispute with the Directors regarding the non-granting of permission in regard to the above may appeal to the HOA for arbitration, in which event the vote of at least 50% (50 percent) of the members of the HOA must be obtained against the Directors' decision in order for it to be rescinde

5 6 All contractors and/or contractor's sub-contractors are required to submit information regarding their and their workers' details to the Security Personnel, who will ensure that security vetting is conducted. This information will be lodged at the Guard House, and only then will the Security Personnel grant access. 7 Employees of Contractors must be supervised at all times and they are not permitted to roam the complex. 8 The contractor shall provide facilities for rubbish disposal and ensure that the workers use the facility provided and that the rubbish is removed regularly and no burning takes place on site. 9 The dumping of materials, building or rubble will not be permitted on any grassed pavement which is outside the complex, at the Guard House or areas adjacent to the complex. 10 Where materials are off-loaded by a supplier encroaching onto the pavement or roadway, the contractor must move these materials onto the site. Where possible, no material must be allowed to remain on the roadway or pavement, or to obstruct traffic flow, and it is the contractor and owner's responsibility to clean the roadway of all such materials. The same applies to sand or rubble washed or moved onto the road during building operations. 11 The owner and the contractor shall be responsible for damage to kerbs, grass and plants on the sidewalks and/or damage to private or complex property. Where repairs to any verges are required, these will be affected by the HOA and will be charged to the relevant unit. 12 Building operations are subject to a completion deadline, and all rubble and building materials must be removed by the agreed date, and all painting work completed. Any extensions required, due to unforeseen circumstances, needs to be approved by the HOA. 13 Deliveries of building materials from suppliers must be scheduled in public times only. 14 It is incumbent on the resident and contractor to provide toilet facilities for the workers. 16 No building or advertising boards may be erected either inside or at the entrance to the unit or complex.

6 17 No building/contractor staff will be allowed to sleep in the unit at which they are working. 18 Building activity may only be engaged as below: o Summer Months: Weekdays between 08:00-17:30 and Saturdays between 07:30 and 13:30 o Winter Months: Weekdays between 08:00-17:00 and Saturdays between 08:00 and 13: For the duration of the building work, the builders / owner of the property must ensure that a shade net (high enough to close the site from the road side) is erected in front of the property to ensure the building site is as neat as possible and entry allowed only for the builders / contractors. 20 Trucks for offloading bricks / cement or any building material will not exceed the estate s Max Load Capacity restriction. Any truck weighing more than 5 Tons must request special permission from the Estate s HOA and no truck will be allowed till approval is provided to the owner / builder as well as the Estate s Security Team. 21 Building activity every year will be allowed in the Estate till the 15 th December and can commence again from the 12 th January each following year. The Directors (HOA) of the Estate have the authority to approve any extension to building activity later than the 15 th December each year, but the extension will only be allowed till the 19 th December after which all activity will stop till the next year as mentioned above. 22 Building Completion As per the last AGM held on the 4 th September 2014, the decision was made regarding the time window for completing the building of houses in the Estate: All new houses that will be built in the Estate will have a completion time window of 1 year from the start of breaking ground. All existing houses / dwellings in the Estate that s been Half Built and where the building activity has stopped completely, must be completed within 6 months as from the date of the 2014 AGM, (4 th September 2014). The Estate s HOA and Managing Agent will take Legal action against the owners of the property and a penalty fee which will be added to the owner s levy account may also be enforced for any house / dwelling that is not completed in time.

7 BUILDER- CONTRACTOR HOME OWNER ESTATE DIRECTOR BUILDING