ESTATE RULES OF SILVER WILLOWS HOMEOWNERS ASSOCIATION

ESTATE RULES OF SILVER WILLOWS HOMEOWNERS ASSOCIATION

1 1 Table of Contents 2 OBJECTIVE... 2 3 ADMINISTRATION... 3 3.1 Monthly Levy... 3 3.2 Interest... 3 3.3 Arrear Levies... 3 4 ENVIRONMENTAL, MANAGEMENT AND RECREATIONAL FACILITIES... 4 4.1 EnviroNment... 4 4.2 Swimming Pool... 4 4.3 Recreation Area... 5 5 SECURITY... 7 6 RULES OF CONDUCT... 9 6.1 ROAD USAGE... 9 6.2 GOOD NEIGHBOURLINESS... 9 7 INFORMATION... 11 7.1 APPEARANCE... 11 7.2 OCCUPANTS, TENANTS, VISITORS, CONTRACTORS AND EMPLOYEES... 11 7.3 ADDITIONS AND ALTERATIONS... 12 7.4 PETS... 12 7.5 PENALTY SYSTEM... 13 8 LETTING AND SELLING... 14 9 SECTIONAL TITLE... 15 10 GENERAL... 16

2 2 OBJECTIVE 2.1 The main objective of the development of the complex is the provision of a high quality lifestyle for all residents. 2.2 The objective of these rules and the powers given thereunder to the directors is to protect the lifestyle and the architectural standards of the complex. 2.3 Happy and harmonious community living is achieved when residents use and enjoy their private property, as well as the public areas, in such a manner as to enable other residents to also enjoy and use the facilities. Mutual consideration and respect of all residents for each other will greatly assist in achieving a happy community.

3 3 ADMINISTRATION 3.1 MONTHLY LEVY 3.2 INTEREST 3.3 ARREAR LEVIES 3.1.1 A levy approved by a majority of owners at an Annual General Meeting (AGM) is due towards the administration of the complex and is payable to the Homeowners Association before the 7th of each and every month in accordance with prescribed payment procedure. 3.2.1 Interest at the legally prescribed rate will be raised on all accounts in arrears. 3.3.1 Any amount due by a Member in regard to arrear levies and interest shall be a debt by such Member to the Company. Notwithstanding that a member ceases to be a Member, the Company shall still have the right to recover arrear levies and interest from such Member. 3.3.2 In addition, interest will apply to any Members whose levies are outstanding.

4 4 ENVIRONMENTAL, MANAGEMENT AND RECREATIONAL FACILITIES 4.1 ENVIRONMENT 4.2 SWIMMING POOL 4.1.1 All building rubble and heavy garden refuse shall be removed by owners at their own cost and may not be dumped on the sidewalks, or any public area in the complex, or in trolley bins. In the event of an owner failing to comply with item 4.1.1, the Homeowners Association may arrange for removal of the refuse and the costs involved debited to the owner s account as a special levy. 4.1.2 Littering in the streets and open spaces is prohibited. In the event of an owner failing to comply with item 4.1.2, the Homeowners Association may arrange for the cleaning of litter and the costs involved debited to the owner s account as a special levy. 4.1.3 Flora may not be damaged or removed from public areas or open spaces in the complex or planted in such areas without the consent of the Garden Committee. In the event of an owner failing to comply with item 4.1.3, the Homeowners Association may arrange for the replacement of damaged or removal of flora and the costs involved debited to the owner s account as a special levy. 4.1.4 Owners shall ensure that declared noxious flora is not planted or grown in their gardens. In the event of an owner failing to comply with item 4.1.4, the Homeowners Association may arrange for removal of noxious flora and the costs involved debited to the owner s account as a special levy. 4.1.5 Owners shall ensure that any trees or vigorous plants planted where they can eventually damage any foundations or road must be removed. In the event of an owner failing to comply with item 4.1.5, the Homeowners Association may arrange for removal of trees or vigorous plants and the costs involved debited to the owner s account as a special levy. 4.1.6 Residents must ensure that their gardens visible from adjacent properties or streets are maintained in a neat and well maintained condition at all times. In the event of an owner failing to comply with item 4.1.6, the Homeowners Association may arrange for garden services and the costs involved debited to the owner s account as a special levy. 4.1.7 Residents must ensure that plants on their boundaries do not obstruct the clear vision of vehicle drivers. In the event of an owner failing to comply with item 4.1.7, the Homeowners Association may arrange for the obstruction to be cleared and the costs involved debited to the owner s account as a special levy. 4.1.8 Residents must ensure that no branches of trees or shrubs or any creepers against their perimeter boundary wall make contact with the electric security fence. In the event of an owner failing to comply with item 4.1.8, the Homeowners Association may arrange for the obstruction to be cleared and the costs involved debited to the owner s account as a special levy. 4.1.9 The use of the open spaces, playground areas, playground equipment, swimming pool, recreation area and equipment by residents, their families, visitors or employees, is at all times entirely at their own risk. 4.1.10 Toddlers and very young children should be kept under constant adult supervision when using the playground areas, playground equipment, swimming pool, recreation area and equipment. 4.2.1 All persons entering the swimming pool area do so entirely at their own risk. The Homeowners Association cannot be held liable for any accident, damage, loss, injury, or tragedy occurring within this area. 4.2.2 No children under 12 (twelve) years of age will be allowed in the pool area without the constant supervision of an ADULT capable of swimming. Adults, who cannot swim, enter the pool at their own risk. In the event of an owner failing to comply with item 4.2.2, the Homeowners Association will apply the 4.2.3 The key for the gate is available from the security guard on duty, after the required key received details

5 4.3 RECREATION AREA have been completed in the swimming pool register. 4.2.4 The key must be returned immediately by the recipient personally after first locking the gate when leaving the area. The key returned details to be recorded in said register. Recipients who fail to follow the procedures, that is to lock the pool and return the key by completing the key returned details in said register may be held liable for any resulting liabilities from this negligence. In the event of an owner failing to comply with item 4.2.4, the Homeowners Association will apply the 4.2.5 Swimming in the nude ( skinny dipping ) or swimming in clothing not regarded as swimwear is strictly prohibited. In the event of an owner failing to comply with item 4.2.5, the Homeowners Association will apply the 4.2.6 No object likely to damage the surface of the pool, or interfere with the operation of the pool equipment, will be allowed inside the swimming pool area. In the event of an owner failing to comply with item 4.2.6, the Homeowners Association will apply the 4.2.7 Residents will be held responsible for any damage caused to the pool, or equipment, etc., in the pool area caused by themselves, their children or visitors. In the event of an owner failing to comply with item 4.2.7, the Homeowners Association will arrange for the repair or replacement of the pool or equipment and the costs involved debited to the owner s account as a special levy. 4.2.8 No liquor may be brought into or consumed in the pool area and no intoxicated person is allowed in the pool area. In the event of an owner failing to comply with item 4.2.8, the Homeowners Association will apply the 4.2.9 No noise or rowdiness likely to disturb residents living in the vicinity is permitted. In the event of an owner failing to comply with item 4.2.9, the Homeowners Association will apply the 4.2.10 Please do not litter or allow your children or visitors to do so. A refuse bin is available in the pool area. In the event of an owner failing to comply with item 4.2.10, the Homeowners Association may arrange for the cleaning of litter and the costs involved debited to the owner s account as a special levy. 4.2.11 The swimming pool may be used at night, PROVIDED all the above-mentioned requirements are adhered to. 4.2.12 THERE IS NO LIFEGUARD ON DUTY so swimming is entirely at own risk. 4.3.1 All persons entering the recreation area do so entirely at their own risk. The Homeowners Association cannot be held liable for any accident, damage, loss, injury or crime occurring in the recreation area. 4.3.2 Drunkenness and excessive noise are prohibited in the area. Please adhere to noise levels as stipulated in section 6.2.3. In the event of an owner failing to comply with item 4.3.2, the Homeowners Association will apply the 4.3.3 Residents will be held responsible for any damage to and in the recreation area (e.g. equipment, fittings, etc.), caused by themselves, their children or their visitors. In the event of an owner failing to comply with item 4.3.3, the Homeowners Association will arrange for repairs and/or replacement of equipment, fittings, etc. and the costs involved will be debited to the owner s account as a special levy.

6 4.3.4 The toilet facility is to be used in a proper manner and damage caused by a resident, guests, children, including worker(s) to the toilet facility will be for the account of the resident. In the event of an owner failing to comply with item 4.3.4, the Homeowners Association will arrange for the repair or replacement of the toilet facility and the costs involved debited to the owner s account as a special levy.

7 5 SECURITY 5.1 It is prohibited to interfere or socialise with the security personnel while they are performing their duties. In the event of an owner failing to comply with item 5.1, the Homeowners Association will apply the 5.2 An identification card will be required for all permanent/temporary workers employed by the owners or tenants. No identification card - No Entry to the complex. The ID card application form is available from the guard on duty. The photo (.pdf) used in the ID card must be sent by email in the correct format to the responsible director as specified on the application form. Pedestrians need to use either the pedestrian gate, own remote or the intercom system to gain entry to the estate. No tailgating is allowed. Failure to adhere to the rules will result in no access to the complex by permanent/temporary worker(s). 5.3 Residents must strictly adhere to the guidelines provided for entry into, and exit from, the complex. Information on the operation of the security system may be obtained from the caretakers. Information on the operation of the security system may be obtained from http://www.silverwillows.co.za In the event of an owner failing to comply with item 5.3., the Homeowners Association will apply the 5.4 Residents must take note of the fact that the front gates close rapidly and that the following of vehicles ( tailgating ) in or out of the complex is strictly prohibited. In the event of an owner failing to comply with item 5.4, the Homeowners Association will arrange for the repair or replacement of the main gates and the costs involved debited to the owner s account as a special levy. 5.5 Owners must ensure that their unit number is prominently displayed and readily visible on a street facing wall of the unit. Searching for units without a number clearly displayed can waste the vital arrival time of Armed Response and/or Emergency Services in a life threatening situation. In the event of an owner failing to comply with item 5.5, the Homeowners Association may arrange for the unit number to be displayed and the costs involved debited to the owner s account as a special levy. 5.6 Residents are advised to turn lights on if awoken at night by strange sounds and if necessary to activate an alarm. Residents are requested in the interest of everyone s safety to leave outside lights on at night. 5.7 Residents able to afford the cost are encouraged to install alarms, laser sensors, etc, as additional security measures. 5.8 Residents may install security cameras for private use in such a way that it does not interfere with the privacy of another resident s property, unless written consent has been obtained from that resident. In the event of an owner failing to comply with item 5.8, the Homeowners Association may request that the security cameras be removed. In the event of an owner failing to comply with item 5.8, the Homeowners Association may remove the security cameras and the costs involved debited to the owner s account as a special levy. 5.9 Residents must ensure that no branches of trees or shrubs or any creepers against their perimeter boundary wall make contact with the electric security fence. Before pruning such plants, residents must first arrange with the Chairperson or relevant director for the fence to be inactivated for a specific period. Residents failing to comply with items 5.9 will be held liable for any expense incurred in tracing and/or rectifying any short-circuit or fault caused through their negligence. In the event of an owner failing to comply with item 5.9, the Homeowners Association will apply the

8 5.10 Residents shall abide by all security rules and regulations approved by the directors of the Homeowners Association regarding security in our complex. In the event of an owner failing to comply with item 5, the Homeowners Association will apply the penalty clause to the owner s account as a special levy. 5.11 Residents are advised to park their motor vehicles inside their garages to improve security. 5.12 Dereliction of duty by our security guards should be promptly reported to the relevant caretaker.

9 6 RULES OF CONDUCT 6.1 ROAD USAGE 6.1.1 Be careful of children in our streets! 6.1.2 The speed limit in the complex is 20 km per hour. In the event of an owner failing to comply with item 6.1.2, the Homeowners Association will apply the 6.1.3 Stop signs at the designated intersections must be obeyed. In the event of an owner failing to comply with item 6.1.3, the Homeowners Association will apply the 6.1.4 Music played in a vehicle must not be audible outside such vehicle. In the event of an owner failing to comply with item 6.1.4, the Homeowners Association will apply the 6.1.5 NO vehicle exceeding 3 tons is allowed into the complex. 6.1.6 Parked vehicles should not restrict the flow of traffic. Vehicles likely to obstruct the flow of traffic must be parked in the demarcated visitors parking area, or outside the complex. Owners vehicles should be parked in garages and not left in the street. In the event of an owner failing to comply with item 6.1.6, the Homeowners Association will apply the 6.1.7 All rules of the Road Traffic Act No. 29 of 1989 apply. 6.2 GOOD NEIGHBOURLINESS 6.2.1 No activity in or around a unit which could cause aggravation, nuisance, disturbance, inconvenience or annoyance to other residents is permitted. In the event of an owner failing to comply with item 6.2.1, the Homeowners Association will apply the 6.2.2 In the event of disputes between residents arising from aggravation, nuisance, disturbance, inconvenience or annoyance, the parties involved should attempt to settle the matter between them, exercising tolerance and consideration. Where the dispute cannot be resolved, the matter may be referred to: The Caretakers in writing and duly signed by the complainant. Where the dispute cannot be resolved, the matter may be referred to: The Directors of the Homeowners Association in writing and duly signed by the complainant. After consideration, the directors may: o o o attempt to informally mediate a resolution between the parties; or impose a fine on a party; or take other appropriate action, including but not limited to, legal action against a party. It is, however, specifically recorded that the board of directors cannot be compelled to engage in litigation, or any other form of legal process, on behalf of one party against the other. 6.2.3 The volume of sound in and arising from a unit, from whatever sources, including radios, television sets, car engines or sound systems, human voices, instruments, tools, animals or other activity, shall be at such a level so as not to be a disturbance to adjoining properties. In the event of an owner failing to comply with item 6.2.3, the Homeowners Association will apply the 6.2.4 Building operations or the use of any power-saw, lawnmower or other equipment or any activity that

10 causes unavoidable noise, is only permitted from Monday to Saturday during the hours of 07h00 to 17h00. In the event of an owner failing to comply with item 6.2.4, the Homeowners Association will apply the 6.2.5 Building operations or the use of any power-saw, lawnmower or other equipment or any activity that causes unavoidable noise is NOT PERMITTED ON SUNDAYS. In the event of an owner failing to comply with item 6.2.5, the Homeowners Association will apply the 6.2.6 No fireworks shall be set off within the limits of the complex. In the event of an owner failing to comply with item 6.2.6, the Homeowners Association will apply the

11 7 INFORMATION 7.1 APPEARANCE 7.1.1 Every resident of a unit shall ensure that the yard, driveway and pavement area adjoining the unit is kept neat and free from unsightly weeds and uncontrolled plant growth. In the event of an owner failing to comply with item 7.1.1, the Homeowners Association may arrange for garden services and the costs involved debited to the owner s account as a special levy. 7.1.2 Every resident shall close their gates and garage doors after use and not allow such doors to remain open unnecessarily. 7.1.3 Owners are responsible for maintaining the good structural condition of their unit/s and must ensure that the external paintwork and appearance of their unit does not lapse into a state of disrepair or unsightliness. Without detracting from the generality of the foregoing, owners must ensure that the roofs of their units are properly maintained (in the case of thatch roofs) or regularly painted (in the case of Chromadek roofs). In the event of an owner failing to comply with item 7.1.3, the Homeowners Association may arrange for the maintenance and/or repair of units and the costs involved debited to the owner s account as a special levy. 7.1.4 Washing may only be hung on lines screened from the street and neighbours. In the event of an owner failing to comply with item 7.1.4, the Homeowners Association will apply the 7.1.5 Residents must ensure that they have a refuse bin and that the unit number is clearly displayed thereon. In the event of an owner failing to comply with item 7.1.5, the Homeowners Association may arrange for display and the costs involved debited to the owner s account as a special levy. 7.1.6 All domestic refuse, including garden refuse, should be deposited in the refuse bins provided. Bins must only be placed at the refuse collection point. In the event of an owner failing to comply with item 7.1.6, the Homeowners Association will apply the 7.1.7 Refuse not able or allowed to be deposited in said bins, must be retained on the premises of the occupant who must arrange removal thereof within 7 (seven) days. In the event of an owner failing to comply with item 7.1.7, the Homeowners Association may arrange for removal and the costs involved debited to the owner s account as a special levy. 7.1.8 All residents must ensure that cardboard cartons too large to fit into their refuse bins are flattened or shredded to reduce bulk and then placed into the bins. In the event of an owner failing to comply with item 7.1.8, the Homeowners Association may arrange for removal and the costs involved debited to the owner s account as a special levy. 7.1.9 Residents must ensure that neither they nor their workers deposit refuse in the visitors parking area, empty bin storage area or any unauthorised locality on the complex. Refuse not in a refuse bin is unsightly and can be unhygienic and residents who place or leave refuse other than in a bin may incur a fine for dumping. In the event of an owner failing to comply with item 7.1.9, the Homeowners Association may arrange for refuse removal and the costs involved debited to the owner s account as a special levy. 7.1.10 Caravans, trailers, boats, Wendy houses, tool-sheds, equipment, tools, engine and vehicle parts as well as accommodation for pets should be located out of view and screened from the street and adjoining properties. 7.2 OCCUPANTS, TENANTS, VISITORS, CONTRACTORS AND EMPLOYEES 7.2.1 Residents shall not issue instructions to persons employed by the Homeowners Association or interfere with their work whilst they are on duty except where the board approves such an authority for its members or residents.

12 In the event of an owner failing to comply with item 7.2.1., the Homeowners Association will apply the 7.2.2 Residents shall not allow any contractor s personnel or other workers to sleep over in/on their premises without written permission from the directors of the Homeowners Association. Applications for permission must be in writing and accompanied with photocopies of the identity document of the worker/s. In the event of an owner failing to comply with item 7.2.2., the Homeowners Association will apply the 7.2.3 The occupiers of units are liable for the conduct of themselves, family, visitors, contractors and employees and shall ensure that such persons adhere to these rules. 7.3 ADDITIONS AND ALTERATIONS 7.4 PETS In the event of an owner failing to comply with item 7.2.3., the Homeowners Association will apply the 7.3.1 No additions or alterations whatsoever to the structure of any unit shall be undertaken before prior written approval from the directors. In the event of an owner failing to comply with item 7.3.1., the Homeowners Association will apply the In the event of an owner failing to comply with item 7.3.1., the Homeowners Association will instruct the Municipality of Tshwane to demolish the alterations and the costs involved debited to the owner s account as a special levy. 7.3.2 The directors are empowered to require the submission of building plans for perusal and/or a complete and accurate description in writing of the proposed additions or alterations. 7.3.3 Submission of building plans to the board shall in fact follow full compliance with the building requirements of the local authority. The Homeowners Association will adhere to the MOI rules and costs involved debited to the owner s account as a special levy. 7.4.1 The local authority bylaws relating to pets will be strictly enforced. In the event of an owner failing to comply with item 7.4.1., the Homeowners Association will apply the 7.4.2 Residents are not permitted to keep pets who are a nuisance or whose characteristic behaviour results in disturbance of the peace or annoyance to other residents. For example, dogs which, without justifiable cause, bark or howl incessantly, and cats or other pets who roam around the property of neighbours or other residents in ways that may disturb the peace or incur the annoyance of neighbours or residents. In the event of an owner failing to comply with item 7.4.2, the Homeowners Association will apply the 7.4.3 In the event of persistent bona fide complaints regarding uncontrolled incessant noise (e.g. barking, chirping, meowing, etc.), the directors are obliged to request the removal of the pet from the complex. In the event of an owner failing to comply with item 7.4.3, the Homeowners Association may arrange for the dog to be removed and the costs involved debited to the owner s account as a special levy. 7.4.4 Likewise, the mentioned measures may be taken regarding uncontrolled dogs which roam our streets when not on a lead. Such dogs are known to attack dogs on a lead and their owners. In the event of an owner failing to comply with item 7.4.4, the Homeowners Association may arrange for the dog to be removed and the costs involved debited to the owner s account as a special levy. 7.4.5 Pet owners walking them on a lead or any other means are responsible for removing any excrement defecated by their pet on any street, driveway, pavement, garden or communal open space or area within the complex.

13 7.5 PENALTY SYSTEM In the event of an owner failing to comply with item 7.4.5, the Homeowners Association will apply the 7.4.6 Pet owners may not walk their pets to the premises of neighbours or residents in order for them to relieve themselves, and they must ensure that their pets do not do so unleashed. In the event of an owner failing to comply with item 7.4.6, the Homeowners Association will apply the 7.4.7 Owners and residents are not permitted to keep more than a maximum of 2 animals (e.g. 2 dogs or 2 cats). Owners or residents who as of September 2013 currently keep more than this prescribed limit, will be permitted to do so, provided that these existing pets are not replaced should they pass away or are removed. In the event of an owner failing to comply with item 7.4.7, the Homeowners Association will apply the In the event of an owner failing to comply with item 7.4.7, the Homeowners Association may arrange for the pet(s) to be removed and the costs involved debited to the owner s account as a special levy. 7.4.8 Certain species of bird can be noisy, and should not therefore be housed outside in large numbers, as they can become a potential source of annoyance to neighbours. In the event of an owner failing to comply with item 7.4.8, the Homeowners Association will apply the penalty clause to the owner s account as a special levy In the event of an owner failing to comply with item 7.4.8, the Homeowners Association may arrange for the pet(s) to be removed and the costs involved debited to the owner s account as a special levy. 7.5.1 Should a resident, family member or visitor contravene any of these rules: The owner or resident will receive a verbal warning from the caretaker(s). The owner or resident will be required to sign an acknowledgement of the warning. 7.5.2 Should a resident or family member or visitor contravene the same rule(s) for a second time: A fine of R1 000 (one thousand Rand) will be imposed on the owner or resident. The owner or resident will be required to sign an acknowledgement of the fine. A fine of R1 000 (one thousand Rand) will be imposed on the owner or resident for any further penalty offences. 7.5.3 All fines will reflect on the resident s levy account and if necessary, are recoverable by way of legal proceedings as levies in arrears. 7.5.4 Any contravention of a specific rule will lapse after a period of 12 (twelve) months and no longer be enforceable against a resident, provided that the resident concerned does not have any outstanding levy amounts. 7.5.5 A resident may appeal to the board of directors in writing upon receiving a warning or notification of a fine, and the board may, after due consideration reduce or rescind the warning or fine. The board s decision will be final and binding.

14 8 LETTING AND SELLING 8.1 No unit may be used as a commune. 8.2 No owner shall let or otherwise allow the occupation of his unit, whether temporarily or otherwise, unless: The owner has provided the tenant with a copy of the Homeowners Association Community Participation Rules and also ensured that his family, visitors and employees likewise adhere to these rules. The owner has provided the tenant with a copy of these rules. 8.3 Notwithstanding the aforegoing, the owner remains liable for any breach of the House Rules by the occupier or any of his family, visitors or employees. 8.4 Should an owner wish to let or sell his unit through an estate agent, he shall be obliged to give his agent a written mandate and ensure that such written mandate contains the following terms: The agent acknowledges that he/she has in his/her possession a copy of the Community Participation Rules of the Silver Willows Homeowners Association and for the benefit of the Silver Willows Homeowners Association, undertakes to execute the mandate according to the provisions of the said rules. 8.5 Should any owner be in breach of the above-mentioned rules, the directors shall have, over and above the rights set out in Article 16 of the Articles of Association, the right to restrain any agent from carrying on any selling or marketing activity within the complex on behalf of such owner. 8.6 No owner shall be entitled to transfer ownership or any other interest in his unit without the clearance certificate issued by the Chairperson of the Homeowners Association by which it is certified that: The owner is not indebted to the Homeowners Association in any way regarding contributions and charges or other amounts which the Homeowners Association is entitled to claim from him; 8.7 The Chairperson shall not be entitled to refuse to issue the clearance certificate if a member is not indebted in any way to the Homeowners Association. 8.8 The Homeowners Association shall be entitled to fix a reasonable fee to be charged for the issuing of all clearance certificates. 8.9 The owner selling a unit in the complex or an interest in such unit shall ensure that the written AGREEMENT OF SALE contains the following clauses and the Deed of Transfer also contains the clauses set out below: The buyer acknowledges in a written agreement that he is aware that upon registration of the property into his name, he will become a member of the Silver Willows Homeowners Association. The buyer acknowledges in abovementioned agreement that he has received from the seller a copy of the Community Participation Rules of the Silver Willows Homeowners Association and for the benefit of the said Association, agrees to be bound by such rules from the date of his occupation of the property. 8.10 The seller shall be entitled to require that, in addition to all other conditions of Title, the following conditions of Title be inserted in the Deed of Transfer in terms of which the buyer takes Title of the property: Every owner of the erf or owner of any sub-division thereof, or owner of any unit thereon, shall become and shall remain a member of the Silver Willows Homeowners Association and be subject to its Memorandum and Articles of Association, until he ceases to be an owner as aforesaid. Neither the erf, sub-division thereof, nor any unit thereon, shall be transferred to any person who has not bound himself to the satisfaction of the Silver Willows Homeowners Association to become a member of the said Association. 8.11 The term, Silver Willows Homeowners Association (HOA), in the aforesaid conditions of title shall mean the Silver Willows Homeowners Association (Association incorporated under Section 21 of the Companies Act 1973). In the event of the Registrar of Deeds requiring certain amendments of such conditions, in any manner, in order to effect registration of same, the seller must comply with such conditions.

15 9 SECTIONAL TITLE 9.1 Because the 3 (three) Sectional Title units, viz 88, 89 and 90, are part and parcel of the Silver Willows complex and because the owners/occupiers of these units have the full use and benefit of all the communal amenities, facilities, equipment and installations in the complex, they are required to: Pay the authorised monthly levy to the Homeowners Association. Abide by all the regulations contained in the House Rules of the complex. Furthermore, the owners of above-mentioned units shall also abide by the statutory requirements applicable to Sectional Title Properties, e.g. joint insurance of their properties. 9.2 All Silver Willows conduct rules specified here, will apply to the owners, children, tenants or visitors of the Sectional Title units.

16 10 GENERAL In the interpretation of these rules, unless the context otherwise indicates: 10.1 Articles of Association means the Articles of Association of the Silver Willows Homeowners Association, as amended from time to time. 10.2 Director means the board of directors of the Homeowners Association as envisaged in Article 38 of the Articles of Association (previously incorrectly termed trustees). 10.3 Homeowners Association (HOA) means the Silver Willows Homeowners Association (Association incorporated under Section 21 of the Companies Act, 1973). 10.4 Owner or Member means the registered owner of a unit in the complex and shall, unless the context clearly indicates a contrary intention, include any employee, visitor, guest or lessee of such owner. 10.5 Memorandum means the Memorandum of Association of the Homeowners Association. 10.6 Unit means the property registered in the name of a member, including all improvements erected thereon. 10.7 Complex means the development known as Silver Willows. 10.8 Resident or Occupier shall mean any householder occupying a house in the Silver Willows complex, whether as owner or lessee. 10.9 Authorised or Approved shall mean sanctioned by a majority at an Annual General Meeting of the Homeowners Association. 10.10 Words importing the masculine gender shall include the feminine gender and vice versa. 10.11 These rules have been established in terms of the Memorandum and Articles of Association. They are applicable to every person in the complex, as is any decision of the Directors in interpreting these rules. 10.12 The members shall ensure that all occupants of their units, their guests, tenants, visitors and their employees on the complex properly abide by these rules. A breach of the rules by any person falling into any of the aforesaid categories shall be deemed to be a breach committed by the member. 10.13 Any interpretation of these rules by the directors is final and binding. 10.14 These rules are subject to change from time to time by the Directors in terms of Article 16.1 of the Articles of Association. 10.15 The Directors shall be entitled to impose a fine authorised by a majority of members at an AGM in respect of any breach of these House Rules. Such fine to be debited to the owner s levy account and designated Special Levy. 10.16 The directors are not responsible for and have no jurisdiction over any dispute between a member and the developer. CHAIRPERSON SILVER WILLOWS HOMEOWNERS ASSOCIATION DATE: