ASHTON MANOR HOME OWNER S ASSOCIATION (Association incorporated under Section 21 with Registration No 1996/005222/08) Dear Resident c/o TM & A Holdings P O Box 2020 Fourways 2055 INTRODUCTION TO AND ACKNOWLEDGEMENT OF ASHTON MANOR RULES Attached hereto are the COMMUNITY PARTICIPATION RULES of the Ashton Manor Home Owner s Association (introduced at inception) as well as the Noise Control Regulations in terms of the Environment Conservation Act of 1989. The introduction to the rules (Section A) clearly indicates the intent and purpose of these rules, without which the Board of Directors would have no guidelines in which to effectively manage Ashton Manor. The Directors of Ashton Manor offer their services and accept the responsibility (both fiduciary and managerial) voluntarily and without compensation. However, it remains the responsibility of these individuals to ensure that the Section 21 company complies with all the statutory and legal requirements as well as providing the owners with the protection of their investment. In the past, it has been the Board experience that tenants, more than owners, contravene the rules. The reason for this has not been determined. However, we request owners to inform tenants that the rules must be adhered to; they are there to protect your investment. In order to avoid any misunderstanding, we request all owners as well as tenants to acknowledge receipt and acceptance of the rules as attached, by signing the copy of this notification. Yours faithfully For Board of Directors Ashton Manor Home Owners Association Received and Acknowledged: Name Unit Number Date. Signature. Directors: G Eagle (Chairman) R Tapuch (Vice Chairman) W Donnelly R Veringa
ASHTON MANOR HOMEOWNER S ASSOCIATION (Company Registration No 96/05222/08) COMMUNITY PARTICIPATION RULES
ASHTON MANOR HOMEOWNER S ASSOCIATION SECTION A INTRODUCTION 1. The main objective of the development of Ashton Manor by the Developer has been the provision of a high quality lifestyle for residents and the intention of these rules, and the powers given there under to the Board of Directors, is the protection of this lifestyle and the architectural standards of the complex. 2. Happy and harmonious community living is achieved when all residents use and enjoy their private properties as well as the public areas of the complex in such manner as to enable other residents also to use and enjoy the facilities. General consideration of all residents for each other will greatly assist in achieving a happy community. 3. In the event of disputes between residents arising from annoyance or nuisance, the involved parties should attempt to settle the matter between themselves, exercising tolerance and consideration. Where the dispute cannot be resolved, the matter should be brought to the attention of the Directors for arbitration or settlement. 4. The Directors may amend or add to these rules as may be deemed necessary to ensure the happy and orderly co existence of residents in the complex. 5. The Directors shall have the right to fine transgressors for contravention of these rules in terms of Article 5.2.3. of the Articles of Association. Such fines shall be regarded as income of the Homeowners Association. Transgressors will normally be issued with up to two written warnings prior to the imposition of a fine however, at the discretion of the Directors, fines may be imposed without prior warnings being issued. The amounts of such fines are reviewed and approved by owners at each AGM see latest AGM minutes for current fines. 6. Owners are reminded that in terms of Article 5.4 of the Articles of Association, they are responsible for ensuring that all occupants of their units, their invitees, tenants, visitors and employees abide by these rules. A breach of these rules by any person falling into any of the aforesaid categories shall be deemed to be a breach committed by the owner. 7. These rules have been established in terms of the Articles of Association. They are applicable to every person in the complex, as is any decision of the Directors in interpreting these rules. Any interpretation of these rules by the Directors is final and binding.
SECTION B CONDUCT RULES 1. Interpretation of Rules In the interpretation of these rules, unless the context otherwise indicates: 1.1 Articles of Association means the Ashton Manor Articles of Association. 1.2 Board of Directors or Directors means the Board of Directors of the Homeowners Association as envisaged in Article 6.1. of the Articles of Association 1.3 Family means a man or woman or both, with or without their parents and with or without the children of one or the other or both of them, living together as one household. 1.4 Homeowners Association means the Ashton Manor Homeowners Association incorporated under Section 21 of the Companies Act, 1973, Company registration number 96/05222/08, registered on 2 May 1996. 1.5 Owner means the registered owner of a unit in the complex. 1.6 Words importing the masculine gender shall include the feminine gender and vice versa. 2. Use of the streets 2.1. The speed limit in the complex is 15 km/hour. 2.2. Save where inconsistent with these rules, the Road Traffic Act No 29 of 1989 applies. 2.3. Children may not play in the streets. Parents shall ensure compliance with this rule by their children. 2.4. The use of vehicles, including motor cycles, which create excessive noise, is prohibited. 2.5. Roller skates/blades, skateboards and similar devices may not be used in the streets. 2.6. No cars, trucks, caravans, trailers, boats or other heavy vehicles shall be parked in the streets or any other area of the common property without the consent of the Directors. 2.7. Hooters shall not be sounded within the common property. 2.8. Resident s vehicles should be garaged whenever possible. If not in a garage, they may be parked at the unit, provided that they are parked off the street. 2.9. A limited number of parking bays in the visitor s parking area alongside the gatehouse are available for monthly rental by residents, if required; contact the Complex Manager for details and availability. 2.10 Visitor s vehicles may be parked outside a unit for short periods, provided that they are parked in a manner which would not obstruct the passage of a large truck e.g. fire engine or Pikitup truck. If this is not possible, they are required to park in one of the unmarked bays in the visitor s parking area.
3. Good neighbourliness 3.1 No business activity or hobby which could cause aggravation or nuisance of residents, including auction and jumble sales, may be conducted in the complex. 3.2 The volume of sound in and arising from a unit, from whatever sources, including radios, television sets, musical instruments, human voices, tools or telephones shall be on such a level so as not to be heard on adjoining properties. 3.3 Mechanical maintenance work, including the use of power tools, lawnmowers and edge trimmers etc, is permitted only between the following hours: 08h00 to 18h00 Weekdays 08h00 to 14h00 Saturdays (No mechanical work permitted on Sundays or Public Holidays) 3.4 Washing may only be hung on lines screened from the streets and neighbours. 3.5 No advertisements or publicity material of any person, including maintenance contractors, may be exhibited or distributed without the consent of the Directors. The Directors shall have the right to remove any material exhibited or distributed in contravention of this rule. 3.6 No resident shall cause a nuisance, disturbance, inconvenience or annoyance to any other resident. If the Directors are of the opinion that there has been an infringement of this rule, they shall be empowered to enforce their rights in terms of Article 5 of the Articles of Association. 4. Ensuring a Pleasing Streetscape 4.1 Every owner shall maintain the area between the street kerb and his unit and ensure that this area is kept neat and free of weeds. Paving, grass, shrubs, flowerbeds or planted groundcover are recommended; bare earth or weeds are not acceptable. 4.2 Garage doors (Meranti), gates & meter boxes (Plascon Court Green) and walls (Plascon Wheatgerm C14 4) forming part of the streetscape, shall be painted and maintained by owners where and when necessary, failing which the Directors may exercise their rights provided for in Article 24.1 of the Articles of Association. 4.3 Caravans, Trailers, Boats, Equipment, Tools as well as accommodation for pets, must be sited out of view and screened from neighbouring properties. 4.4 Building material and garden refuse shall not be dumped on the sidewalks under any circumstances. If necessary, owners must arrange a temporary skip for any building rubble, prior to its removal. 4.5 External gardens shall be kept neat and tidy at all times and no plants shall interfere with pedestrians or obscure the vision of motorists. 4.6 Garage doors shall be kept closed, except insofar as it is necessary to provide egress or ingress.
5. Environmental Management 5.1 All building and garden rubble should be removed by owners at their own risk. 5.2 Littering in the streets and open spaces is prohibited. 5.3 Residents shall ensure that declared noxious flora are not planted or growing in their gardens. 5.4 Swimming pool water may not be channelled into the drainage systems, but shall be channelled onto the streets. 5.5 Green Wheelie Bins. The municipal Pikitup collections take place on Mondays. Bins should be placed on the sidewalk outside each unit after dark on Sunday evenings, and moved back into each unit by Monday evening. Please note that only the contents of bins will be collected; overflow bags placed next to bins and garden refuse will NOT be collected. 5.6 Recycling Bags. Pikitup also provides a separate collection service for recycling material on Mondays. Clear plastic bags are provided by the City of Johannesburg and replaced each week. Plastics / glass and paper / cardboard should be placed in separate bags, with both bags to be placed on the sidewalk alongside the wheelie bin. If clear bags are not available, any other bag EXCEPT BLACK may be used. 5.7 Garden Refuse. A rubbish skip is located in the visitors parking area. This may be used by all residents for the disposal of garden and general clean refuse only; plant matter and branches must be cut to manageable sizes. NO toxic materials paint, batteries, oils etc. or perishables / foodstuffs are permitted. As the skip has an open top, items which are likely to blow out of the skip are not permitted. 6. Security 6.1. Security protocol at the gate shall be adhered to at all times. It is prohibited to interfere with the performance by security guards of their duties. They may under no circumstances be abused and residents and visitors shall treat the security guards courteously and co operate to ensure the performance of their duties. Any reported abuse or lack of adherence to protocol by residents or their guests will be investigated and fines and / or other sanctions may be imposed by the board. 6.2. Residents Access. Residents are required to enter via the Residents Gate, utilising individually coded remote controls. The remote controls are available from the Complex Manager at a cost of R250 (+ vat) each, and are for the use of residents only, not domestic staff or contractors. Residents are requested to report any lost / stolen remote controls to the Complex Manager in order that they can be deactivated. 6.3. Domestic Worker Access. Residents are to apply to the Complex Manager for an ID Card for any permanent or temporary domestic staff. Cost is R20 per ID Card and applications are to be accompanied by a copy of the worker s identity document and a passport sized photograph. Domestic Workers with ID Cards will be granted access via the pedestrian gate.
6.4. Visitor Access. Ashton Manor utilises the Click On system for visitor entry via the Visitor s Gate. Residents can obtain and forward access codes to visitors who may utilise these to access the Visitor s Gate. Alternatively, a visitor arriving at the Visitor s Gate without a code, is required to dial the unit number on the Click On system and may be granted access by the resident. Please note that the security guard is not authorised to open the Visitor s Gate; visitor entry is by access code or resident s telephonic activation only. 6.5. Contractors Access. Residents are requested to contact the Complex Manager in order to arrange access for contractors. 6.6. The pedestrian gate is under control of the guards and access will only be provided to registered domestic workers or residents entering the complex on foot. 6.7. Burglar alarm systems installed in units are required to be compatible with the electronics of the security system of the complex. 7 Occupants, Tenants, Visitors, Contractors and Domestic Staff 7.1 No unit may be used as a commune. A unit shall not be occupied permanently by more than one family, subject to a maximum occupancy of 3 persons for every bathroom in the unit. 7.2 The occupiers of units are liable for the conduct of their visitors, domestic staff and contractors employed by them, and shall procure that such persons adhere to these rules. 7.3 In units with separate accommodation for domestic staff, permanent use of the accommodation shall be limited to one domestic employee only. 8 Additions and Alterations 8.1 No person shall commence with the construction of any building or structure or any additions or alterations or any works of whatsoever nature without the prior written approval of plans by the Directors. 8.2 Building material shall not be dumped on the sidewalks under any circumstances. If necessary, owners must arrange a temporary skip for any building rubble, prior to its removal. 8.3 Contractors are required to use the toilets within the unit where work is being carried out. Alternatively, a temporary toilet may be installed within the grounds of the unit, provided that this is located out of sight of the street and not immediately adjacent to neighbours units. 8.4 Owners are responsible for ensuring that contractors observe the working hours of 08h00 to 17h00, Mondays to Fridays only. 8.5 Owners are responsible for ensuring that contractors observe the maximum vehicle total weight limit of 8 tons. 8.6 Contractors personnel are to limit their movements in the complex to the unit where they are working; they are not permitted to move throughout the complex. Specifically, they are not permitted to move from door to door offering their services.
9 Pets 9.1 The local authority by laws relating to pets will be strictly enforced. 9.2 Without the written approval of the Directors, no person may keep more than two dogs on the property. 9.3 No poultry, pigeons, aviaries, wild animals or livestock may be kept within the complex. 9.4 No pets shall roam the streets. 9.5 Dogs must be leashed and properly controlled when on the common property. 9.6 The owner of any pet shall procure the immediate removal of any excrement deposited by such pet on the common property. 9.7 Every pet shall wear a collar with a tag indicating the telephone number of its owner. The Directors are empowered to apprehend and hand over to the SPCA any pets found roaming the streets. 9.8 The Directors are empowered to require an owner to dispose of his pet should it, in the discretion of the Directors, become a nuisance in the complex. 9.9 Residents, who have guests with pets, must inform them of the established pet rules. 10 Collection of Levies 10.1. In terms of the AMHOA Articles of Association, levies are due by each owner on the 1 st of each month in advance. 10.2. Our agents will issue each owner with a pack during the last week of each month, e mailed to an address supplied by each owner. The pack includes a Statement, a Monthly Invoice (detailing the levy amount, Click On access charges and water charges) and water meter reading details. 10.3. On the 10 th of each month, an SMS reminder will be sent to each owner whose monthly levies remain unpaid. This will serve as an official reminder to any owners who have overlooked their monthly levy payment. 10.4. On the 15 th of each month, an email / letter, formally demanding payment of the outstanding levy, will be forwarded to those owners whose levies remain unpaid. Owners will be charged a R150 administration fee which will debited to their levy account. 10.5. From the 1 st of the following month (30 days) the overdue levy will attract interest equivalent to the prevailing Prime Rate. 10.6. Should the outstanding levies still remain unpaid by 10 th of the following month, the unit number, owners name and outstanding amount will placed on the notice board inside the complex gate under the heading Levies outstanding more than 30 days. 10.7. The board will also pursue the most cost effective legal options available to recover the monies owed.
SECTION C LETTING AND SELLING 1.0 No owner shall let or otherwise part with occupation of his unit, whether temporarily or otherwise, unless: 1.1. He has concluded an agreement for the benefit of the Homeowners Association with the proposed occupier of the unit that such occupier undertakes to adhere to the rules and undertakes to ensure his family, invitees and staff adhere to these rules; and 1.2. He has provided the tenant with a copy of these rules. 2.0 Should the owner wish to sell his unit through an estate agent, he shall be obliged to: 2.1 Give his agent a written mandate; 2.2 Procure that such written mandate contains the following term: The agent acknowledges that he has in his possession a copy of the Rules of Ashton Manor Homeowner s Association and, for the benefit of the Homeowner s Association undertakes to execute the mandate according to the provisions of the said rules. 3.0. No Owner shall be entitled to transfer ownership of or any other interest in his unit without a clearance certificate issued by the Managing Agent on behalf of the Directors by which it is certified that: 3.1. The Owner is not indebted to the Homeowners Association in any way in respect of contributions and charges or other amounts the Association may, in terms of these rules or the Articles of Association, be entitled to claim from him; 3.2. The written agreement between the owner and the buyer has been submitted to the Board of Directors which has satisfied itself that the required clauses referred to below are contained in the said agreement. 4.0. The Owner selling the unit in the complex, or in interest in such unit, shall ensure that the written agreement of sale contains the following clauses: 4.1. The purchaser acknowledges that he is required upon registration of the property into his name, to become a member of the Homeowners Association and agrees to do so subject to the Memorandum and Articles of Association of the Ashton Manor Homeowners Association. 4.2. The purchaser acknowledges that he has received from the seller a copy of the Community Participation Rules of the Ashton Manor Homeowners Association and, for the benefit of the Association, agrees to be bound by such rules from the date of his occupancy of the unit. 4.3. This agreement is subject to the suspensive condition that the seller receives a clearance certificate in terms of Rule 3 of Section C of the Community Participation Rules. 4.4. The seller shall be entitled to procure 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 purchaser 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 Ashton Manor Homeowner s Association and be subject to its Constitution until he ceases to be an owner as aforesaid. Neither the erf, nor sub division thereof, nor any unit thereon, shall be transferred to any person who has not bound himself to the satisfaction of such Association to become a member of the Ashton Manor Homeowners Association. The owner of the erf, or owner of any sub division thereof, or any unit thereon shall not be entitled to transfer the erf or any sub division thereof, or any interest therein, or any unit thereon, without a clearance certificate from the Homeowners Association that the provisions of the Articles of Association of the Ashton Manor Homeowners Association have been complied with. 4.5. In the event of the Registrar of Deeds requiring the amendment of such conditions, in any manner, in order to affect registration of same, the purchaser hereby agrees to such amendment.