CONDUCT RULES OF THE ARUM ESTATE HOME OWNERS ASSOCIATION ( the Association ) 14 December 2011
INDEX PAGE Preamble 3 1. Definitions and interpretations 3 2. Domestic animals 4 3. Vehicles 4 4. Obligations of Members, Tenants and Visitors 5 5. Letting, resale and occupation by Members 6 6. Alterations 7 7. Permits to Domestic Workers 7 8. Imposition of fines for non-compliance with Rules 7 9. Legal costs 8 10. Jurisdiction 8 Page 2 of 8
PREAMBLE These Rules are binding on all residing at or visiting Arum Estate, as are decisions taken by the Executive Committee constituted in terms of the Constitution. The registered owners of properties are responsible for ensuring that members of their households, tenants, visitors, invitees and employees are aware of an abide by the Conduct Rules. Tenants have the same responsibility with respect to their household, visitors, invitees and employees. The Executive Committee, arising out of their powers in terms of the Constitution of the Association, are entitled to determine an appropriate standard for community living and the maintenance of properties in Arum Estate by die introduction of conduct Rules as hereinafter described. 1. DEFINITIONS AND INTERPRETATIONS 1.1 In these Conduct Rules, unless it appears to the contrary, either expressly or by necessary implication, the words and expressions as defined in the Constitution of the Association, shall bear the same meaning in these Conduct Rules as in the Constitution. 1.2 Unless the context otherwise requires, any words importing the singular number only shall include the plural number and vice versa, and words importing any one gender only shall include the order gender as well as juristic persons. 1.3 In particular, the following words and phrases shall, unless the context otherwise requires, have the meanings given below: 1.3.1 Arum Estate shall mean Erf 33454, Strand, as described by General Plan 6882/2006 and any sub-division thereof. 1.3.2 The Association means the Arum Estate Home Owners Association. 1.3.3 The Common Area means the land owned by the Association and will include all services (whether Municipal or otherwise) constructed within the Common Ground. 1.3.4 Member means a member of the Association evidenced by registered ownership in the Deeds Registry of Cape Town of one or more erven in Arum Estate. 1.3.5 Excom shall mean the Executive Committee constituted in terms of Clause 7.2 of the Constitution and shall consist of resident members. 1.4 It shall be the responsibility of every Member to ensure that all members of his household, employees, tenants, invitees and gusts, paying or otherwise, are fully aware of these Conduct Rules. In the event of any breach of the Conduct Rules by the Members, members of his household, employees, tenants, invitees and guests, or by members of his tenant s household, employees, guests and invitees, such breach shall be deemed to have been committed by the Member himself. Page 3 of 8
2. DOMESTIC ANIMALS 2.1 Animals, reptiles and birds (pets) 2.1.1 An owner or occupier shall not, without the consent in writing of the Excom members, which approval may not unreasonably be withheld, keep any animal, reptile or bird (Pet). 2.1.2 When granting their consent in terms of sub-rule (1) and from time to time, the Excom members may prescribe any reasonable conditions pertaining to the keeping of a Pet, provided that they shall do so in writing. 2.1.3 The following requirements shall be regarded as conditions imposed by the Excom members under sub-rule (2), without detracting from the Excom members discretion to impose further reasonable conditions from time to time: (a) Owners and occupiers shall ensure that their Pets do not foul the common property; (b) Owners and occupiers shall ensure that their Pets do not cause a noise, nuisance, annoyance or disturbance to other owners or occupiers in the estate; (c) In no event shall Pets be permitted in any unit other than that of its owner, or any other part of the common property unless carried or controlled on a short leash. All Pets are to be kept within the owner s property at night. 2.1.4 The Excom members may withdraw their approval in the event of any breach of any condition prescribed in terms of sub-rule (3) or referred to in sub-rule (4), upon which the owner or occupier must immediately remove the Pet from the estate 2.2 The members will be responsible to notify any respective lessee of these rules with regards to the keeping of pets in Arum Estates. 3. VEHICLES 3.1 No vehicles are allowed to be parked in the street except in demarcated areas. No parking will be allowed on any lawn areas. No oil leaks are permitted on roads or driveways. No one will be permitted to execute major repairs to any vehicle on any property. No revving of cars is permitted. No one shall be entitled to exceed the speed limited. Vehicles entering the complex must not be heavier than 2 tons. No person shall store or park any vehicle, boat, trailer or caravan or the like on common area, vacant plots, in the road within Arum Estate or any area other than the parking area of the dwelling. Excom may arrange for the abovementioned vehicles to be towed away and the member shall be liable for the account. 3.2 The National Road Traffic Rules and Regulations shall be applicable and enforceable within the confines of Arum Estates. 3.3 Should a member and/or any of the guests and/or any vehicle driving within the confines of Arum Estates transgress any of the Road Traffic Rules within the confines of Arum Estates, the Excom will be empowered and authorised to find such member for the Page 4 of 8
transgression committed in accordance with a fined schedule to be authorised at the next Annual General Meeting. 4.. OBLIGATIONS OF MEMBERS, TENANTS AND VISITORS 4.1 Excom shall have the right and duly to control the environment, which shall include but not be limited to the vegetation on the Erven and Common Area, the erection of walls, fences and hedges, and shall have the right to trim hedges and trees etc. 4.2 No person shall do anything that detrimentally affects the amenities, flora or fauna of Arum Estate, or unreasonably interfere with the use and enjoyment of the Common Area. 4.3 No person shall discard any litter or any item of any nature whatsoever in Arum Estate except in a refuse bin. Refuse bags must not be broken and must be tied up before entering it into refuse bins. No owner or occupier shall deposit, throw or disband any rubbish, including dirt, cigarette buffs, food scraps or any other rubbish whatsoever, on his or her property or the Common property. 4.4 No camping and or picnicking shall be permitted on common areas. 4.5 No fire shall be lit at Arum Estate, except in such places as may be designated for the purpose by the Association or in an approved and a properly constructed fireplace or braai. 4.6 No person shall do any gardening or landscaping on the Common Area without the express prior written agreement of the Association in regard to the nature and extent of such gardening or landscaping activity. No person shall, unless authorized by Excom to do so, pick, remove or plant any flowers or plants on the Common Area. 4.7 No person shall discharge a firearm, air rifle or any similar weapon anywhere within Arum Estate except in self-defence. 4.8 Any activity, sport or game e.g. soccer, cricket, rugby etc which can cause damage to the common area, or is a nuisance to the neighbour hood prohibited. 4.9 Owners are responsible for the maintaining of the neatness and cleanliness of their buildings and general maintenance. Excom may reserve the right to affect any repairs or maintenance as deemed necessary. This will be for the owners account and added to the levy account. This amount will be viewed as a responsibility regarding payment and responsibility the same as that of the levy amounts due. 4.10 Owners and tenants are responsible for maintaining the neatness of their gardens. If, in the view of the Excom committee a garden requires attention, the appointed company who is responsible for the common property areas, will be instructed to attend to the garden as pointed out by the Excom committee. The costs pertaining hereto will added to the levy account of the member and viewed as a responsibility for payment thereof. 4.11 No person shall be engaged in any criminal activity or create any safety risk or utilise foul language in public. 4.12 No garments, household linen or washing of any nature, may be hung or placed anywhere to dry within eyesight. Page 5 of 8
4.13 No person may do mechanical repairs to vehicles where the vehicle is visible from the street or common areas. 4.14 Garage doors must be kept closed at all times. 4.15 The lighting of fireworks is not permitted at Arum Estate. 4.16 No unauthorized persons are allowed onto building sites under construction. 4.17 No person shall make or cause to make any unacceptable disturbance or excessive or undue noise which constitutes a nuisance to other persons. In particular: 4.17.1 Burglar alarms must comply with any regulations which the Association may institute from time to time. 4.17.2 All vehicles, but particularly motorcycles, must have efficient silencer systems. 4.17.3 The use of noisy machinery and of power tools in the open outside of normal working hours must be avoided other than occasionally in exceptional circumstances. All building work, whether undertaken by a contractor, developer or by the home Owner, must be done during the hours stipulated by the association from time to time for building contractors, unless written approval for an exception is given by the Association. 4.17.4 On weekdays an owner or occupier shall cease all noise between 19h00 and 07h00. On weekends noise levels shall be maintained below levels that will constitute a nuisance to neighbouring properties and residents. 4.18 Members must ensure that their children and the children of members of their households, employees tenants, invitees, and guests do not pose a safety threat to themselves or to any other person or driver at arum Estate, 4.19 Tenants shall have the same responsibility with regards to their households, employees, invitees and guests. 4.20 It is prohibited to conduct any business of whatever nature with customer and/or employee traffic from the residential houses within Arum Estate. This also applies to possible occupational practice from residential houses. 5. LETTING, RESALE AND OCCUPATION BY MEMBERS 5.1 The following rules, read with 1.4 above, shall apply to the letting and resale of property: 5.1.1 No For Sale signs, nor any other advertising methods will be erected inside the complex without prior written consent of Excom. 5.1.2 Tenants to whom properties are let or leased are obliged to abide by all of the House Rules, regulations and requirements of the Constitution of Arum Estate. The agent/or owner who is letting a property is obliged to supply the tenants with a copy of the House Rules and Constitution. Page 6 of 8
6. ALTERATIONS 5.1.3 Access to the Estate may be denied to tenants, members of their households, invitees, employees or guests should the tenant or anyone for whom the tenant is responsible, transgress the House Rules or any other rules, regulations or by laws of Arum Estate. 5.1.4 An owner or occupier shall not, without the written consent of Excom, allow more than one single family per unit and which single family shall compromise a maximum of 2 persons per bedroom. 5.1.5 The owner shall provide Excom with a copy of the Lease upon signature by the tenant. 6.1 An owner shall not conduct any alterations without first obtaining the approval of Excom. Prior to the commencement of any alterations the owner shall deposit the sum of R1000; R2 500 or R5 000 as decided within the discretion of Excom and per application to the HOA. This amount will be deposited into an interest bearing account with the interest for the owner s account. Excom shall be entitled to utilise from the deposit as afore stated to cover the costs of rectifying any damage to common property or for the purpose of removing any building material left behind after the alterations are completed. The deposit amount may be changed from time to time as per 75% majority decision of Excom. 6.2 The owner shall furthermore provide Excom with the dates that alterations will commence and the date of the completion of the alterations. Should the dates as afore stated not be adhered to and the building alterations exceed the times provided by more than two (2) months then the owner shall be subject to a penalty, not withstanding the provisions of Clause 8 herein under, of an amount per month which will be determined per 75% majority decision by Excom exceeding the two month period as aforesaid. 6.3 The above notwithstanding all building works are to be completed within 8 months of commencement. 7. PERMITS TO DOMESTIC WORKERS All owners or occupiers need to forward the full address and a copy of the identity document of their domestic workers to Excom. 8. IMPOSITION OF FINES FOR NON COMPLIANCE WITH RULES 8.1 If the conduct of an owner or an occupier of a unit or his or her visitors constitutes a nuisance in the opinion of Excom, or if an owner, occupier or visitor contravenes a Conduct rule, Excom must furnish the owners or occupiers with a written notice which may in the discretion of Excom be delivered by hand, e-mail or registered post to the owner or occupier s address. In the notice the particular conduct which constitutes a nuisance must be adequately described or the rule that has allegedly been contravened must be clearly indicated and the recipient must be warned that if he or she persists in such conduct or contravention, a fine will be imposed on the owner of the unit. 8.2 If the owner or occupier nevertheless persists in that particular conduct or in the contravention of that particular rule, Excom must convene a meeting to discuss the matter. Page 7 of 8
8.3 A written notice by which the owner or occupier is informed of the purpose of the meeting (as per Clause 8.2 hereinabove) and invited to attend, must be sent to the owner of occupier at least 7 days before the meeting is held. Written notice may in the discretion of Excom be delivered by hand, e-mail or registered post to the owner or occupier s address. At the meeting the owner or occupier must be given the opportunity to present his case, but except insofar as he or she is permitted by the chairperson, he or she may not participate in the affairs of or voting at the meeting. 8.4 After the owner or occupier has been given the opportunity to present his case, Excom must by way of a special resolution (75% of Excom members present at the meeting), impose a fine which fine will be payable for as long as the owner or his occupier persists in remaining in default. 8.5 Any fine imposed on a owner or occupier shall be a debt due and payable to the Association by the member on demand and/or be added to the monthly subscription account. 8.6 Excom may by way of a 75% majority vote determine the amount issued as a fine. This will be done in relation to the transgression and seriousness thereof. 9. LEGAL COSTS An owner shall be liable for all legal costs as between Attorney and own client which may be incurred by the Association in procuring compliance with the Rules by such owner, it s occupants or invitees and the amount so due shall be payable on demand and/or be added to the monthly subscription account. 10. JURISDICTION Excom shall be entitled to institute proceedings in the Magistrate s Court with the competent jurisdiction as envisaged in Section 45 of Act 32 of 1944, for compliance by owners with their obligations under the Conduct Rules (in addition to any other Court or Tribunal which may have jurisdiction in the matter). Page 8 of 8