Dainfern Homeowners Association (Association incorporated under Section 21 of the Companies Act) Reg. No. 1991/004217/08 ESTATE AGENTS RULES

Transcription

1 ANNEXURE B Dainfern Homeowners Association (Association incorporated under Section 21 of the Companies Act) Reg. No. 1991/004217/08 ESTATE AGENTS RULES WHEREAS the Dainfern Golf Estate and Country Club, administered by the Dainfern Homeowners Association ( DHA ), is an up-market and exclusive Estate with specific needs and attributes, particularly relating to security; AND WHEREAS the DHA recognizes the needs of its Members to have assistance from competent and informed Estate Agents; AND WHEREAS the DHA has formulated a policy to guide the relationship between it, its members and Estate Agents, the DHA now records such policy as follows: 1. ACCREDITATION OF ESTATE AGENTS 1.1 The Memorandum of Incorporation of the DHA entitle the Directors of the DHA, inter alia, to bring into force accreditation procedures for Estate Agents ("Agents") and to grant accreditation to Agents to accept instructions from Members of the DHA; 1.2 The Directors have determined this policy in furtherance thereof and will require and have required the signature of an Accreditation Agreement by all accredited Agents;

2 2 1.3 Consequently, no Member of the DHA shall be entitled to appoint an Agent to perform any mandate or render any services governed by the Estate Agents Affairs Act No. 112 of 1976 on such Owner s behalf within the Dainfern Golf Estate and Country Club Association area ( the Dainfern Estate ) unless or until such Agent complies with all requirements of the DHA and is and becomes duly accredited to operate within the Estate; 1.4 The DHA has limited and will limit the number of accredited Agents at any particular time, such accreditation being afforded to each Agent for 1 (one) year only. Notwithstanding the above, the DHA reserves the right to withdraw from or grant to any further Estate Agent(s) such accreditation as and when the DHA, in its sole discretion shall decide, and upon such terms as the DHA shall determine; 1.5 In deciding on the issue of accreditation, the DHA will consider, inter alia, the following factors, none of which shall be decisive: The period in which the agency has been active in the area; The success or otherwise of the applicant's business dealings on the Estate; The applicant s knowledge of DHA procedures and requirements; The applicant s knowledge of market trends within the area; The applicant s knowledge of estate development and the complex nature of the environment within the Dainfern Estate; and The applicant s knowledge of the Rules and requirements of the DHA and its Members.

3 3 2. OBLIGATIONS OF ACCREDITED ESTATE AGENTS 2.1 All accredited Agents shall, upon application for accreditation, pay the annual accreditation fee referred to in 5 and sign the Estate Agent s Accreditation Agreement produced by the DHA from time to time. 2.2 An accredited Agent shall observe the following basic rules: No advertising, including without limitation thereto, signage on walls, umbrellas, bunting or any other form of advertising, shall be permitted outside or on showhouses or within the Estate Only one A-Frame sign measuring a maximum of 600mm x 300mm may be used to indicate houses or vacant land which is for sale and only on showdays. No staked boards and no showhouse pointer boards shall be allowed at all All such for sale boards shall be positioned at least 2 (two) metres back from the nearest curb, on showdays One Sold sign may be displayed on a Sunday show day between 14h00 and 17h00, on any property sold by the Agent in the intervening period between the showday and the advertising of the showhouse All viewing of houses or vacant land for sale shall be by appointment only for all days other than showdays (being Sundays between 14h00 to 17h00) and subject to strict compliance with all security Rules and protocols in place on the Estate from time to time Agents shall endeavour to conduct "view by appointment" viewing of properties on Sundays between 14h00 and 17h00, with the last entry to the Estate being no later than 16h45.

4 No flyers or promotional material may be distributed at or outside the gates to the Estate, and no direct and/or house-to-house canvassing will be permitted under any circumstances. 2.3 The DHA will be entitled to review all Agents' performance on an annual basis or more frequently, should it so desire, with a view to withdrawing or suspending accreditation, should it so wish. 2.4 All accredited Agents shall, within 7 (seven) days of any such transaction, notify the DHA of: Any sale transaction within the Estate. The word sale in this regard shall include a transfer of members interest in a Close Corporation or a transfer of shares in a Company or a change of Trustees and/or beneficiaries of a Trust, whenever such transfer or change shall result in an effective change of control of such Close Corporation, Company or Trust Any rental of a property within the Estate; and/or The conclusion of a sale (as defined in 2.4.1), or rental mandate in respect of a property within the Estate. 3. The DHA may summarily cancel and withdraw an accredited Agent s accreditation, inter alia, in the event of: 3.1 Any transgression of DHA Rules and the policy; 3.2 Any failure to pay the annual fees due by accredited Agents or the administration fees payable pursuant to any transfer; 3.3 Any conduct which, in the opinion of the DHA, is not in keeping with the interests of the DHA or its membership;

5 5 3.4 Any failure to pay any other amount due to the DHA; or 3.5 Any failure to observe the Dainfern Homeowners Association Rules or any direction or instruction of the DHA Board of Trustees or the General Manager or the Estate Manager. 4. In the event that a withdrawal of accreditation is being considered, the Agency will be notified that it will be entitled to make written submissions to the DHA Trustees or General Manager. The reasons for any withdrawal of accreditation will be communicated to the Estate Agent concerned, in writing, at the discretion of the DHA. 5. FEES All accredited Estate Agents shall pay to the DHA an annual accreditation fee, in advance, presently amounting to R ,00 (twenty seven thousand Rand) per annum, Ad hoc accreditation will be subject to a fee as determined by the DHA. Such annual amount may be subject to change from time to time, at the sole discretion of the Directors of the DHA. 6. DOCMENTATION 6.1 All accredited Agents shall ensure that they have a thorough understanding of the contractual documentation relevant to a sale of a property on the Estate, with particular reference to the conditions of title applicable to such properties, and the clauses necessary to properly conclude a rental agreement. 6.2 All sales agreements and all lease agreements in respect of any properties within the Dainfern Association area shall include therein the standard Dainfern documentation, as annexures. 6.3 All accredited Agents shall ensure that they verify, independently, through the DHA S Estate Office, the status of all properties marketed by them,

6 6 prior to marketing same, in regard to build by dates, penalty levies and any other relevant information which should be known to a purchaser of such property. 7. PRIVATE AND OTHER SALES The provisions of this policy shall apply, mutatis mutandis, to: 7.1 Any private sale conducted by an owner, or 7.2 Any transfer of members interest in a Close Corporation, or 7.3 Any transfer of shares in a Company, or 7.4 Any change of Trustees and/or beneficiaries of a Trust. (Where such transfer or change results in an effective change of control and ownership of the property owned in Dainfern held by the Close Corporation, Company or Trust, as the case may be). THE GENERAL MANAGER THE DAINFERN HOMEOWNERS ASSOCIATION Received a copy hereof on this the day of 2015 Name: (For the Agent )