JOZINI TIGER ESTATE HOME OWNERS ASSOCIATION RULES [Not being Rules contemplated in Section 15(3) of the Companies Act No 71 of 2008]. CONTENTS SECTION 1 INTERPRETATION... 2 1 INTERPRETATION AND DEFINITIONS... 2 2 CO-OPERATIVE COMMUNITY... 6 SECTION 2 - MANAGEMENT AND ADMINISTRATIVE... 7 3 MANAGEMENT OF THE HOME OWNERS ASSOCIATION... 7 4 FINANCIAL MATTERS... 8 5 SERVICES... 10 SECTION 3 - HOMEOWNERSHIP.... 11 6 DESIGN GUIDELINES... 11 7 USE AND OCCUPATION OF A SITE OR UNIT... 13 8 UPKEEP AND MAINTENANCE OF RESIDENCES... 14 9 UPKEEP AND MAINTENANCE OF GARDENS... 15 10 THE RIGHT TO KEEP AND CONTROL OF PETS/ANIMALS... 16 11 SECURITY... 16 12 DOMESTIC ALARM SYSTEMS... 20 13 USE OF ROADS/LICENCES... 21 14 SPORTING, RECREATION AND COMMUNITY FACILITIES... 23 15 GENERAL... 23 SECTION 4 LEASES AND SALES... 28 16 ADJUSTED DEFINITIONS... 28 Page 1 of 32 Jozini Tiger Estate Home Owners Association Rules.
17 THE LEASE OF A UNIT... 28 18 SALE OF A UNIT... 29 SECTION 5 - ENFORCEMENT... 30 19 BINDING NATURE OF RULES AND PENALTIES... 30 SECTION 1 INTERPRETATION 1 INTERPRETATION AND DEFINITIONS 1.1 These rules must be read with the provisions of the Companies Act, the Memorandum of Incorporation of the Home Owners Association and any rules made by the directors of the company in terms of section 15(3) of the Companies Act. 1.2 If there is any conflict between the provisions of the Memorandum of Incorporation and these rules, then: 1.2.1 If the conflict relates to an unalterable provision of the Memorandum of Incorporation, then the provisions of the Memorandum of Incorporation shall prevail; 1.2.2 If the conflict relates to an alterable provision of the Memorandum of Incorporation, then the provisions of these rules shall prevail. 1.3 Unless the context in which the word is used obviously gives it another meaning, whenever a word is used in these rules to: 1.3.1 describe one gender it will also mean the other genders, 1.3.2 denote the singular it will also mean the plural of that word and vice versa, and 1.3.3 refer to a natural person, it will also mean a juristic person, as well as the state and local government, and vice versa. 1.4 The following words have the meanings given them, unless the context in which the word is used obviously gives it another meaning: 1.4.1 Board means the Board of directors of the Home Owners Association ; 1.4.2 building shall have the meaning assigned to that word in section 1 the Page 2 of 32
National Building Regulations and Building Standards Act No 103 of 1977 and includes a fence of any material; 1.4.3 Companies Act means the Companies Act No 71 of 2008 as amended and all or any regulations made in terms thereof; 1.4.4 Estate means the land and all developments thereon made from time to time, including amenities, facilities and services provided by the Home Owners Association from time to time for the benefit and convenience of members; 1.4.5 general meeting in relation to members shall mean a meeting of the members of the Association convened in accordance with the provisions of a the Companies Act, and in particular sections 62, 63 and 64 thereof and shall include an Annual General Meeting; 1.4.6 Home Owners Association means the Jozini Tiger Estate Home Owners Association NPC, Registration No. 2013/101528/08. 1.4.7 land means the area of land comprised by Erven 539 to 598 in Jozini Municipal Area Jozini, HV, KZN (SG diagram 361/2013); 1.4.8 Lodge means the Jozini Tiger Lodge erected on Lease 2 on the Remainder of Portion 7(of 6) of Reserve No 16 No 15836, HV, KZN by Jozini Tiger Lodge (Pty) Ltd; 1.4.9 Lodge Owner means Jozini Tiger Lodge (Pty) Ltd as lessee of land described as Lease 2 Reserve No 16 No 15836, HV, KZN which land is registered in the name of the Ingonyama Trust or its successor in title; 1.4.10 Lodge Operator means Jozini Tiger Lodge (Pty) Ltd; 1.4.11 Member means a member of the Home Owners Association, subject to the provisions of the Memorandum of Incorporation; 1.4.12 Memorandum of Incorporation means the Memorandum of Incorporation of the Home Owners Association as defined in section 1 of the Companies Act; 1.4.13 Owner in relation to a site, has the meaning assigned to that term in section 102 of the Deeds Registry Act No 47 of 1937; 1.4.14 site means a freehold erf registered in the name of a member in terms of Page 3 of 32
the Deeds Registries Act No 47 of 1937 and situated in any township established on Portion 48 Jozini, HV, KZN in terms of the said Deeds Registries Act; 1.4.15 Site holder means a member who is also a registered owner of a site; 1.5 It is a condition of the ownership of any site or unit on the land that the owner there of is a member of the Home Owners Association and will remain a member until such owner is no longer the owner of a site or unit as the case may be. 1.5.1 If a site or unit is owned by a company, co-operative or other legal entity having juristic personality or by a trust then the directors, trustees or other management authority of such entity shall be liable to ensure compliance by all shareholders, members, beneficiaries or other parties deriving rights under or from such entity, including their dependents, visitors, guests or contractors, are at all times aware of and comply with the provisions of these rules and with the Memorandum of Incorporation. 1.5.2 In the event that any shareholder, member, beneficiary or other party deriving rights under or from such entity, including their dependents, visitors, guests or contractors, committing a breach of these rules then any sanction arising there from shall arise against the entity of which the person in breach is a shareholder, member, beneficiary or other party deriving rights under or from such entity as the case may be. 1.6 All decisions taken at a general meeting shall comply with the provisions of section 65 of the Companies Act. 1.7 The language of these rules shall be the English language and any notice or other communication associated with these rules shall, unless any provision of these rules provides otherwise, be in that language. 1.8 The law of these rules shall be the law of South Africa. 1.9 In these rules, unless the context clearly means otherwise: 1.9.1 any reference to an enactment is to that enactment at the date of signature of this agreement and as amended or re-enacted from time to time, 1.9.2 if any provision in a definition in this clause is a substantive provision conferring rights or imposing obligations on any party, notwithstanding Page 4 of 32
that it is only a definition clause, effect shall be given to it as if it were a substantive provision in the body of the agreement, 1.9.3 whenever any number of days is prescribed, such period shall be reckoned to exclude the first day and include the last day, unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the immediately succeeding day which is not a Saturday, Sunday or public holiday, 1.9.4 where figures are referred to in numerals and words, if there is a discrepancy between the two, then the words shall prevail, and 1.9.5 expressions shall bear the same meaning in schedules or annexures unless they contain their own definitions. 1.10 The termination of this agreement, whether by effluxion of time or any other reason whatsoever, shall not affect or terminate the provisions of this agreement that expressly or by necessary implication provide that they will operate after such termination, notwithstanding the fact that such provision does not expressly provide for this. 1.11 Generally words preceded or followed by words such as other or including or particularly shall not be given a restrictive meaning because they are preceded or followed by a particular example intended to fall within in the meaning of the general words. 1.12 These rules may be amended by the members in General Meeting by way of a special resolution as provided for in section 65(9) of the Companies Act read with Article 3 Item 3.8(2) of the Memorandum of Incorporation, provided that the procedure required by the Companies Act to call such meeting and propose such resolution are complied with. 1.13 No indulgence that the Board may grant to any member shall prejudice or constitute a waiver of the rights of the Home Owners Association who shall not thereby be precluded from exercising any rights against the member that may have arisen in the past or might arise in the future. 1.14 Provided that the onus shall be on the Board to prove delivery, any notice required to be given to a member under these rules shall be deemed to have been received if posted by prepaid registered post to the address provided by the member to the Board on becoming a member or to the site or unit registered in the name of such member or Page 5 of 32
occupied by him or her as a tenant, provided that the member may provide the Board with an email address or fax number in which case such email address or fax number shall be the address of such member for the purposes of this clause. 1.15 Provided that the onus shall be on the member concerned to prove delivery, any notice required to be given to Home Owners Association under these rules shall be deemed to have been received if posted by prepaid registered post to the registered address of the Home Owners Association, provided that if the Board provides a member specifically or members generally with an address at a site or unit on the estate or an email address or fax number then such office address or such email address or fax number shall be the address of the Home Owners Association for the purposes of this clause. 2 CO-OPERATIVE COMMUNITY 2.1 Living on Jozini Tiger Estate means being part of a community of people who share a secure and high quality lifestyle. These Rules provide a means of protecting this lifestyle through an acceptable code by which members may live together, reasonably and harmoniously, to the benefit of all without interfering with other s enjoyment. Genuine respect and consideration by all residents for each other will obviously assure agreeable accord on the Estate. In the event of differences or annoyances, the parties involved should attempt as far as possible to settle the matter between them exercising respect, tolerance and consideration. Based upon this rationale, the rules should be seen to be neither restrictive nor punitive, but rather as a judicious framework to safeguard and promote appropriate, sensible and fair interaction. The Board also has the right to impose financial penalties (fines) to be paid by those members who fail to comply with the rules. Fines, where imposed, shall be deemed to be a part of the levy due by the Owner. Further, the Board may enforce provisions of any rule by application to the courts. 2.2 The Rules set out herein are binding on every member of Jozini Tiger Estate Home Owners Association NPC. They shall come into operation when adopted by the first members immediately after incorporation of the company. Thereafter, they will be binding on every member on becoming a member. Page 6 of 32
SECTION 2 - MANAGEMENT AND ADMINISTRATIVE 3 MANAGEMENT OF THE HOME OWNERS ASSOCIATION 3.1 The Board shall as soon as possible after the incorporation of the Home Owners Association and thereafter annually within 30 days of the end of each financial year of the company and subject to the provisions of clauses 3.2 and 3.3 elect from amongst their number the following office bearers who shall hold office for one year until the close of the next such date: 3.1.1 a chairperson; 3.1.2 a deputy-chairperson; 3.1.3 a financial director; 3.1.4 a secretary. 3.2 The chairperson shall be a director appointed by the Developer, during the development period, in its capacity as a member of the Home Owners Association. 3.3 The vice-chairperson shall at all times be a director elected from amongst Directors. 3.4 The Lodge Owner shall, facilitate all secretarial, administrative and statutory functions of the Home Owners Association, provided that it may, with the concurrence of the Board, appoint a management company to undertake some or all of that function, provided further that the reasonable and equitable cost, including remuneration, of such function shall be paid by the Home Owners Association. 3.5 The Lodge Owner may from time to time and at any time in writing delegate all or any powers, rights or functions imposed on it under these Rules to the Lodge Operator and it may from time to time and at any time in writing amend or withdraw such delegation, provided that it shall in writing notify the Home Owners Association of such delegation and any amendment or withdrawal thereof. 3.5.1 Where a delegation contemplated in clause 3.5 is made, the Lodge Operator shall exercise and give effect to all the powers, right and functions vested in the Lodge Owner under these rules covered by such delegation. 3.6 The Board may from time to time, with the approval of the members in general meeting, appoint an Estate Manager, fix his or her conditions of service and Page 7 of 32
remuneration, and it may from time to time, with the approval of the members in general meeting, amend such conditions of service and remuneration, and it may from time to time when appropriate terminate such appointment in accordance with the labour laws of South Africa. 3.7 The Board may from time to time, after consultation with the Estate Manager, determine a staff establishment, the conditions of service and the remuneration payable and it may thereupon employ appropriate staff to properly manage and administer the estate as is reasonably necessary in accordance with the provisions of the Memorandum of Incorporation and these Rules. 4 FINANCIAL MATTERS 4.1 A budget for each financial year of the Home Owners Association shall be presented and adopted at the annual general meeting of the Home Owners Association immediately preceding the commencement of the financial year to which such budget applies. 4.1.1 The members shall at any annual general meeting approve the budget presented by the Board with or without amendments and such approved budget shall be binding on the Board, subject to clause 4.2.1. 4.2 The Board may incur expenditure only in terms of a budget approved as required by clause 4.1 and within the limits of the amounts appropriated to any approved item in such budget. 4.2.1 The Board may, in any emergency, incur expenditure not provided for in an approved budget, provided that it shall report thereon to a general meeting of members called within 60 days of incurring such unbudgeted expenditure. 4.3 Such annual budget must at least: 4.3.1 set out realistically anticipated revenue for the budget year from each revenue source; 4.3.2 appropriate expenditure for the budget year under the different items of responsibility of the Home Owners Association; 4.3.3 set out indicative revenue per revenue source and projected expenditure by item for the two financial years following the budget year; Page 8 of 32
4.3.4 set out: [a]. [b]. estimated revenue and expenditure by item for the current year; and actual revenue and expenditure by item for the financial year preceding the current year; and 4.3.5 include a projection of cash flow for the budget year by revenue source, broken down per month; 4.3.6 set out the levies, fees and charges payable by members for the ensuing financial year and shall indicate whether such levies, fees and charges are to be paid on delivery of a particular service or on a monthly, quarterly or annual basis, subject to clause 4.10. 4.4 An annual budget must generally be divided into a capital and an operating budget in accordance with international best practice. 4.5 On adoption of a budget as provided for in clause 4.1, every member shall be liable to the Home Owners Association for the payment of the levies, fees and charges reflected, and payable as provided for, in such budget. 4.5.1 Unless any fee or charge is stipulated in a budget as being payable in advance or immediately on delivery of any specified service or goods by or on behalf of the Home Owners Association, in which case the Home Owners Association may refuse to deliver the applicable service or goods until payment is made, all levies, fees or charges shall be paid within seven clear days of the date upon which they are stipulated to be paid in a budget. 4.5.2 Any levy, fee or charge or any balance thereof not paid within the aforesaid period of seven days shall accrue interest calculated from the expiry of such period of seven days to the date of payment at rate 3% above the Consumer Price Index published by Statistics South Africa (Statistical Release P0141) for the month during which such default first occurs and such interest shall be a first charge on any payment made on account of such debt. 4.6 Any levy, fee or charge and any interest thereon outstanding for a period of 60 days may be handed over for collection and all costs, determined on an attorney and own client basis and commissions shall be recovered from the defaulting member. 4.7 In exceptional circumstances, where members may have a singular problem regarding Page 9 of 32
payment of any levy, fee or charge, such member may approach the Board in writing with a request for special consideration and/or temporary relaxation of the above rules, which consideration and any decision resulting there from shall be entirely at the discretion of the Board. 4.8 No levy, fee or charge may be set off against real, perceived, partial or non-provision of services, or for any other reason, unless previously discussed with and sanctioned by the Home Owners Association. 4.9 Members who are away at month-end must make arrangements to ensure that levies are paid by due date. Being on holiday, away overseas or away on business and the like excuses are not acceptable reasons for late payment of Levies. 4.10 A budget shall, in the determination of the levies, fees and charges, differentiate between the Lodge, the unit holders and site holders on the basis of the extent of use and demand made for any service or goods provided by the Home Owners Association. 5 SERVICES 5.1 The Home Owners Association shall, for and on behalf of the members: 5.1.1 acquire ownership of and control the use, maintenance and upkeep, to at least the standard approved by the Jozini Municipality in granting approval for the development of the land, of all roads on the land, including the right of way servitude providing access to the Lodge from Provincial Road P522. [a]. The obligation contained in clause 5.1.1 shall include all storm water drainage, kerbing and road verges. 5.1.2 take appropriate steps to obtain, secure and provide adequate water services (as defined in the Water Services Act No 107 of 1998) from the Umkhanyakude Municipality or otherwise, including installing, maintaining and operating pump stations, water purification plants and reticulation systems itself where reasonably necessary and to obtain any consent or appointment necessary under the said Water Services Act as may be necessary. 5.1.3 take appropriate steps to obtain, secure and provide a solid waste disposal system; Page 10 of 32
5.1.4 take appropriate steps to obtain and secure an adequate electricity supply and telecommunication facilities; 5.1.5 in consultation with the members, provide a security system by employing appropriate security personnel, erecting appropriate security facilities such as fencing, gates and gate controls and the like; 5.1.6 establish, maintain and operate recreational amenities and facilities, either on the land or in collaboration with the Lodge Operator, on the Lease Area 2 Reserve No 16 N0 15836 or on the Jozini Dam. 5.2 Every member shall only accept delivery of, or use, the goods and services described in clause 5.1 from or through the agency of the Home Owners Association, provided that, in unusual and exceptional circumstances, the Board may permit a member to accept delivery of, or to use, goods and services or some of them from another source, subject to such reasonable conditions as the Board may impose. 5.3 The reasonable and necessary costs incurred in providing the services described in clause 5.1.1, 5.1.2, 5.1.3, 5.1.5 and 5.1.6 shall be recovered by way of levies, fees or charges referred to in clause 4.3.6 and the costs for the service described in clause 5.1.4 shall be borne by each member personally. 5.4 The Home Owners Association shall be entitled to install, maintain and operate such services infrastructure along any servitude over any site or portion of the land free of the payment of compensation and it shall have the right of access to such servitude at all reasonable and necessary times. SECTION 3 - HOMEOWNERSHIP. 6 DESIGN GUIDELINES 6.1 No person shall erect, construct, alter, refurbish, renovate or rebuild any building of any nature on any site or unit save in accordance with the provisions of these rules and any document referred to in these rules. 6.1.1 Any approval granted under the National Building Regulations and Building Standards Act No 103 of 1977 or any other law shall not exempt any owner or other person from compliance with clause 6.1. Page 11 of 32
6.2 Construction of dwellings: Only one dwelling may be erected on any one site. 6.2.1 All dwellings, including any units, on the Estate are to be designed and built by Architects and building contractors accredited to the Home Owners Association, 6.2.2 All gardens are to be installed by Landscapers accredited to the Home Owners Association, and maintained by accredited garden maintenance services other than where specified in clause 8. 6.3 Designs to Comply with Guidelines: The design and construction of all proposed new buildings, extensions, alterations to buildings, fences, gardens and any material change, shall be undertaken in accordance with the provisions of the Jozini Tiger Estate Architectural Language and Landscaping Guidelines and must be approved by the Home Owners Association prior to any work being commenced. In addition, the required municipal approvals must be obtained for all new buildings, alterations, extensions, structure, etc. All buildings, fences and gardens shall strictly adhere to the said Architectural Language and Landscaping Guidelines for the Estate, available from the Home Owners Association office. 6.3.1 The Architectural Language and Landscaping Guidelines for the Estate applicable to any owner shall, initially be the version thereof approved by the members of the Association applicable at the time a person becomes a member of the Association and thereafter be the version as amended by the members from time to time by special resolution of the members adopted in accordance with the provisions of section 65(9) of the Companies Act. 6.3.2 Whilst the owner or tenant may have a reasonable degree of latitude in designing and decorating the interior of any building, the exterior of a building, including its aesthetic appearance, shall conform strictly to the Architectural Language and Landscaping Guidelines. 6.4 Plan approvals: The procedure to be followed in respect of the submission and approval of plans is included under the Architectural Language and Landscaping Guidelines. No construction or installation may commence prior to full Home Owners Association and municipal approvals. 6.5 Certificates of Completion: No dwelling may be occupied without first having been Page 12 of 32
cleared by the Home Owners Association confirming that the building has been complete and conforms to the Architectural Language and Landscaping Guidelines and that the Municipal s Occupation or Beneficial Occupation Certificate has been obtained. 7 USE AND OCCUPATION OF A SITE OR UNIT 7.1 For the purposes of this Rule, dwelling includes a house on a site. 7.2 Use of a Dwelling: The use of a dwelling shall be governed by the Jozini Municipal Land Use Planning Scheme in force at the time, if any, or any other approved land use planning scheme applicable to the Estate from time to time. A dwelling may be used for residential purposes only. The Board will not consider members applications for Special Consent to Jozini Council for Bed & Breakfast or Guesthouse uses favourably neither consent to rezoning applications for higher density residential use of any site in the Estate. Parking on site: to be provided at 1 space per bedroom 7.3 Trading: No trading whatsoever will be allowed on any site or in any unit, nor will any business operations which necessitate staff/clients visiting the dwelling /accessing the estate, or which requires the registration of the premises as business premises in terms of any applicable land use planning scheme be permitted. This clause does not apply to the Lodge Owner or the Lodge Operator. 7.4 Occupation: The maximum number of persons allowed to reside at any one time in one dwelling shall not exceed the number of legitimate bedrooms in the dwelling multiplied by two plus two further persons. Only one kitchen per dwelling is allowed. 7.5 Drying of Washing: No garments, household linen or general washing of any nature may be hung out or placed anywhere to dry, except in a screened drying yard or other designated area. Items of washing must not be visible from the roads and must be reasonably screened from the direct view of neighbours. 7.6 Storage of Harmful Substances: No harmful or inflammable substances may be kept on the Estate. This rule shall not apply to the keeping of such substances and in such quantities as may reasonably be required for domestic purposes. 7.7 Attachments to Dwellings: Nothing may be placed on or attached to a dwelling or Page 13 of 32
any other structure, other than in accordance with prior written approval from the Home Owners Association. The request for such approval may require a description and/or drawing and/or plan as may be necessary to fully define the request. This item applies to the likes of external air conditioning units, awnings, etc. even when not directly attached to the building. Specifications for types and colours of approved awnings are obtainable in the Architectural Language and Landscaping Guidelines or from the Home Owners Associations Office. 7.8 Fences: No fencing may be installed without the written approval of the Home Owners Association. 7.9 Gazebo s: Plans for gazebos must be approved by the Home Owners Association prior to installation. 7.10 Garden/Tools Sheds: Free standing sheds for tools or gardening equipment are prohibited. 7.11 Dolls/Play Houses: Free standing doll s houses, children s play houses or jungle gyms (play centres) in gardens require written permission from the Home Owners Association prior to installation, and such items shall only be allowed provided they are in line with the style and amenity of the Estate, and will have no possible detrimental effects on neighbours. It is recommended liaison be made with neighbours before any of the above are applied for. 8 UPKEEP AND MAINTENANCE OF RESIDENCES 8.1 General House Maintenance: 8.1.1 The exterior of every building on a site or unit together with fences, driveways, etc., must be continuously and at all times maintained by the Owner in a clean, tidy, neat and befittingly repaired, painted and properly kept condition. 8.1.2 The maintenance of the exterior of units is the responsibility of the relevant Body Corporate who must comply with the provisions of clause 8.1.1. 8.2 Standards of House Maintenance: Where in the opinion of the Home Owners Association the condition of a dwelling is not up to the required standards of the Estate, the Home Owners Association shall give written notice to the Owner, or Body Corporate, to carry out the necessary improvements within a specified time. Page 14 of 32
8.3 Failure to Comply: Should the Owner or Body Corporate fail to carry out such work as requested the Home Owners Association shall be entitled to carry out that work and to recover the reasonable cost thereof from the Owner or Body Corporate which amount shall be deemed to be part of the levy due by the Owner or Body Corporate. 9 UPKEEP AND MAINTENANCE OF GARDENS 9.1 General Garden Maintenance: 9.1.1 Every garden installation on a freehold site must be carried out by a Landscaper accredited to the Home Owners Association within three months of completion of the dwelling or units. 9.1.2 Once installed, the Landscaper is obliged to maintain the garden for a period of three months, whereupon it will be inspected by Estate Management to ensure it meets the standards required. 9.1.3 Upon the garden being accepted by Estate Management, every Body Corporate is obliged to employ the services of one of the garden service contractors accredited to the Estate at their own cost. 9.1.4 Freehold owners permanently resident on their properties may care for their own gardens, or employ the services of an accredited garden service. Where an owner is not a permanent resident of their own property, an accredited garden service is to be employed by the owner if the house is vacant, or by the tenant if occupied. A minimum standard of maintenance is laid down by the Home Owners Association. The garden service contractor may not offer less than the minimum standard, nor may the owner accept less. Owners maintaining their own gardens must maintain at least the minimum standard. Owners are to negotiate their own contract with garden services, and are responsible for the conditions of payment. 9.2 Garden Standards: Where in the opinion of the Home Owners Association the condition of a garden is not up to the required standards of the Estate, the Home Owners Association shall give written notice to the Owner or Body Corporate to carry out the necessary improvements within a specified time. 9.3 Failure to Comply: Should the Owner or Body Corporate fail to carry out such work as requested, the Home Owners Association shall be entitled to carry out that work and to recover the reasonable cost thereof from the Owner or Body Corporate, which Page 15 of 32
amount shall be deemed to be part of the levy due by the Owner or Body Corporate. Where in the opinion of the Owner, Body Corporate and Estate Management a garden service provider is not maintaining the standard expected, the Owner or Body Corporate may change his/her provider, and the Home Owners Association will consider the suitability of the garden service provider to remain accredited to the Estate. 9.4 Garden Refuse: Garden refuse generated by an Owner or Body Corporate must be placed in plastic bags to be supplied by the Owner or Body Corporate and stacked on the pavement together with domestic refuse on the days of the week appointed for collection of refuse on the Estate. Garden refuse may not be put out on any day other than the appointed one nor overnight nor weekends. Garden maintenance services should be contracted to remove garden refuse as part of the contract. 9.5 New Gardens: The installation of first time or new gardens shall comply with the procedures and guidelines as laid down by the Architectural Language and Landscaping Guidelines. Developers of sites are required to maintain those properties in the same conditions to the date of transfer. Where in the opinion of the Home Owners Association the condition of a garden is not up to the required standards of the Estate, the Home Owners Association shall give written notice to the Developer, the Owner or the Body Corporate to carry out the necessary improvements within a specified time. 10 THE RIGHT TO KEEP AND CONTROL OF PETS/ANIMALS 10.1 No pets shall be permitted on the Estate. 11 SECURITY 11.1 General Security Procedures: All Security procedures in force from time to time shall be strictly adhered to at all times by all persons inside the Estate. Members are responsible for the actions, behaviour and compliance with all rules and security procedures of all visitors who gain access to the Estate under their authorization. 11.2 Messenger of Court, Sheriff of the Court and Police Officers: Due to the nature of this category of persons, access cannot be denied, and confirmation with the person/s to be served, etc will not be obtained. However, Security will ensure valid court orders, warrants, etc are produced before they are allowed in. Security will escort such persons to the premises and ensure all relevant laws and ordinances are followed, Page 16 of 32
and the minimum publicity occurs. 11.3 Vacant Houses: It is advisable to report vacant or unoccupied houses to Security. Security will conduct daily inspections on the property to ensure all is well for the period the house is unoccupied. Contact numbers and key holder information must be supplied to Security in case of an emergency. Please ensure that burglar alarms are armed and all windows and doors are secured prior to leaving. 11.4 Emergency evacuation: If at any time a need arises to evacuate in part or the whole of the Estate, instructions will be given as to the congregation point. Main congregation points will be advised. Please ensure if an evacuation is required, each person on the property has been evacuated to a congregation point. 11.5 Medical Emergencies: It is a requirement of each dwelling on a site or unit to have an alarm system installed with a panic button system for medical or security emergencies linked to the Estate Control Room. Estate Security will respond and call out the medical services. 11.6 Fire Procedures: It is recommended that every household have a multipurpose Dry Chemical Powder (DCP) fire extinguisher strategically placed in rooms such as the kitchen or garage. In case of fire or a suspicion of a fire immediately notify the Estate Security Control Room who will attend and call out the fire department. 11.7 Reporting to Security: Security is a shared responsibility. Owners must report any suspicious or unlawful occurrence to Security immediately after it has been seen or perceived. 11.8 Access devices: For the purposes of this clause, access device shall mean such device adopted by the directors which enable access to the sites or units to be controlled. Access devices are issued to an individual only. Only members, or persons authorized to reside or work on the Estate, may be issued with access devices. An access device may not be used by anyone other than the person to whom it is issued. Access devices may not be handed to family, friends or others with the intention of allowing them free entry to the Estate. Only one device will be issued per person. Each person issued an access device has been classified into a particular security level. Each security level has different permissions related to access points, times and authorities. The general rule is residents have 24 hour access at all points and everyone else has limited access based Page 17 of 32
on specific gates, times allowed and days of the week. Each owner is responsible for the safe keeping and proper use of his/her individual access device and shall not permit the use thereof by unauthorized persons. The provisions of this clause shall not apply to direct access to the Lodge along the road linking Provincial Road P522 to the Lodge. 11.9 Non-Resident Access Devices: Additional access devices for non-resident family members of owners are subject to individual application and to approval by the Estate Management. On application for an access device the applicant must produce the original and a copy of his/her Identity Document. Devices are obtainable from the Estate Security Reception. 11.10 Unauthorised Use of Access Devices: Procedures are in place to monitor the swapping of or loan of devices to persons other than who they were issued to. If any person, other than the authorized holder, uses an access device, it will be suspended until re-activation as authorized by the Estate Management and a fine of R500 for a first offence will be imposed. 11.11 Family of Residents: Every family member who may enter or leave the Estate must be issued an access device. Therefore, children who are permitted to enter and leave the Estate on their own must be in possession of a device. As stated, devices are the method of identifying an individual and their authority to freely enter and exit the Estate. It is of paramount importance access devices are not left in motor vehicles or any other place where a person may illicitly obtain them to enter or exit the Estate. 11.12 Security - Gates and Booms: Every member shall stop at all security control gates or internal booms and then proceed only by operating his/her access device. Should a member not be in possession of an access device, or should the automatic system not be operating, the member may only proceed on being allowed to do so by the guard on duty. 11.13 Pedestrian access: All pedestrians going through the gates must use their proximity access devices and proceed through the pedestrian turnstiles. 11.14 Access & egress to and from the Estate: Access and egress to and from the estate is controlled. No person may enter the Estate without having prior authorization and having been cleared by Security. Security is permitted to detain any person on exit to determine his/her identity prior to allowing them to leave. Between 22h00 and 05h30 all persons (including residents) leaving the Estate will have their identity confirmed by the guard on duty who will obtain permission from the senior security officer on Page 18 of 32
duty before the person is allowed to leave the Estate. The guard may ask for certain individual information from the person to confirm identification. Security has been given strict instructions to ensure they positively identify all persons leaving the Estate between these times. This is necessary to ensure the identity of persons driving out at night. 11.15 Visitors Access: Visitors are not permitted to enter the Estate on foot. The person being visited must uplift his/her visitor from the gatehouse. Non-device holders are not permitted to walk on the Estate unaccompanied by a resident. 11.15.1 Day visitors: Day visitors are defined as any visitor entering and exiting the Estate during the course of one calendar day. All visitors must be confirmed prior to their arrival at the Home Owners Association. Security has been given instructions only to allow visitors entry after confirmation has been made with the resident. The resident must be at home in order for the visitor to be allowed in. All visitors will be electronically logged in the Visitors Database System upon arrival and exit. On exit, the visitor will be logged out after the guard has confirmed their details. The guard will ensure a record of the number of people who entered matches the number leaving; if not, the guard will make enquiries and investigate the whereabouts of missing persons. 11.15.2 Overnight visitors: Overnight visitors are defined as any visitor remaining on the Estate after 23h00 on the day of entry and leaving before 23h00 on the following day. The resident must report overnight visitors to Security. If your visitor is expected to stay past this time, it is advisable to phone Security and inform them. 11.15.3 Extended stay visitors: Extended stay visitors are defined as visitors who will be staying over on the Estate between 2 to 30 days, whether for the purposes of house sitting or other. Owners can purchase non-refundable access devices which can be activated when required. Owners must accompany their visitors when making application for access. The visitor will be issued with a temporary visitor access device allowing him/her access to and from the Estate. This access device will only be enabled for the period of time for which the visitor has approval. 11.16 Contractor procedures: Contractors are defined as any person/company appointed Page 19 of 32
to construct buildings, do alterations to houses or property, landscapers, garden maintenance, and installations of any kind related to property and equipment. This procedure also applies to temporary labour employed to do odd jobs, plumbers or electricians called out for an emergency, or any other person/s who will do work of any kind on the Estate. All contractors must be registered through the Home Owners Association before entry is allowed. All contractors who will work on the Estate for a period of more than 10 days must obtain devices to allow them access onto the Estate. A temporary work permit must be obtained for anyone whose work is expected to last longer than 1 day but less than 11. Each person entering on a temporary permit must be in possession of a valid identity document, which will be produced to Security Reception, with a copy for security records. No contractor is allowed to walk on the Estate. Each person must be transported to and from their work site on the Estate by vehicle. Once on site, neither the contractor nor his labour may walk off the site under any circumstances. Any contravention of these rules will result in the contractor being penalized in accordance with the Security protocols. 11.17 Gatehouses: Gatehouses are strictly out of bounds, other than to security personnel and other authorized persons. Abuse of Guards (who have a very specific job to do), is strictly prohibited. (NB. It should be noted that under normal circumstances guards are not permitted to operate the gates/booms for any individual without such persons using an access device as this defeats the whole basis of the recording system of entries and exits and the security of the Estate). Tailgating (i.e. proceeding through the gates or booms when operated by the vehicle in front of you) is prohibited. (This also defeats the recording system and the security of the Estate). 12 DOMESTIC ALARM SYSTEMS 12.1 It is a requirement that residents install an intruder detection system, which would be compliant with SAIDSA (South African Intruder Detection Services Home Owners Association). Contact the Home Owners Association offices for details of suppliers. The cost of a SAIDSA compliant intruder system would be subject to individual quotations against the specific individual homeowner s requirements and is for the resident s own account. It must be noted that alarm transmission on such systems must be by radio data on the Estate frequency as supplied through the Estate. It must be noted that no external audible sirens should be installed on site. Quotations from suppliers should exclude radio transmitters. A Tiger Lodge Estate frequency radio Page 20 of 32
transmitter is to be purchased from the Home Owners Association office prior to installation. The cost will be levied against the homeowners account. 12.2 All costs relating to the ICASA licence and other network fees for the individual radio transmitter used on the Estate will be covered by the monthly levy paid by homeowners to the Homeowners Home Owners Association with no additional charge for homeowners. All alarms will be monitored in the Tiger Lodge Estate Control-Centre from where response activities will be dispatched and coordinated. The total cost of alarm monitoring and response services are included in the Estate s monthly security levy and is therefore as such free of additional charge to residents. It must be noted that while residents may, at their own additional cost, engage the services of an outside alarm monitoring service no outsider response service will be allowed onto the Estate in response to an alarm as the Estate has engaged such a service or services to cover all response requirements on the Estate. A Security company has been contracted by Tiger Lodge Estate Eco-Estate to man and operate the Control Centre and provide response services to both fence and domestic alarms. For enquiries please contact the estate manager. 13 USE OF ROADS/LICENCES 13.1 The roads on the Estate, in spite of being private are, in fact, public roads. Because of this, and for the safety of all Residents and road users, it is necessary to apply the provisions of the Road Traffic Act 29 of 1989 (as amended). The roads are for the use of all, whether on foot, cycles, golf carts, cars, buses or trucks and, in our exclusive environment, this places extra responsibility and need for awareness on all who use these roads; more particularly on all adults, and especially parents who need to educate and control their children. 13.2 Speed Limit: The speed limit throughout the Estate is 10 kilometres per hour for all vehicles on all roads. 13.3 Pedestrians and Cyclists: Pedestrians and cyclists must be given the right of way. Golf carts shall have the right of way over other vehicles within the Estate. 13.4 Operating Restrictions for Vehicles: No person shall operate any vehicle upon any road within the Estate unless he is the holder of a valid driver s licence for such vehicle. Engine powered vehicles; cars and motorcycles may be operated only on roads. Page 21 of 32
Sidewalks, open lawn areas and cart paths are out of bounds to vehicles. Any person found driving a motor vehicle on any road on the Estate, for which they do not hold a valid driving license, will be subject to a fine of R200 for the first offence. Any subsequent offence of the same nature will attract a fine of R2000. Drivers of all vehicles must be in possession of a valid licence. 13.5 Golf Carts: All golf carts must be registered with the Management office. Only electric driven golf carts are permitted on the Estate. Golf carts may only be legally driven by persons holding a valid driver s licence on roads within the Estate. They may not be driven across lawns, on common property or around parking areas. (NB. It is illegal to drive golf carts on public roads outside the Estate, and the Jozini Traffic Services are empowered to fine any transgressor and to confiscate the cart if they deem fit). The Jozini Tiger Lodge has the right to impose its own rules relating to the use of golf carts, bicycles and jogging on its precinct. The Lodge management should be contacted for advice on such rules. 13.6 Dune buggies / All-Terrain vehicles / Off-road / scrambler motorcycles: All drivers of Dune buggies, all-terrain vehicles and off-road/ scrambler motor cycles must be in possession of a valid licence. Such vehicles may only be used on recognized roads, and only in a quiet manner. Under no circumstances may they leave recognized roads or be used off-road on the Estate. No quad bikes are permitted on the Estate other than those used by Estate Security or maintenance staff. 13.7 Condition of drivers: The operating or driving of any type of vehicle on the Estate whilst under the influence of alcohol or drugs, which may impeded the ability to control such vehicle, is prohibited. The Home Owners Association reserves the right to stop any person suspected of being under the influence of alcohol or drugs whilst driving a vehicle, and preventing such person from driving whilst in that condition. Should the driver question such prevention, they will be invited to undergo a blood test to clarify the suspension. Operating any vehicle in such a manner as to constitute a danger or a nuisance to any other person or property within the Estate is prohibited. 13.8 Fines: Any person found driving in excess of 10kph, without due care and attention, or in a manner dangerous, will be subject to a warning for the first offence; R100 fine for the 2nd offence; R300 fine for the 3rd offence. 4th and subsequent offences will be referred to the Rules Committee. Clause 19.8 is relevant in the imposition of the above fines Page 22 of 32
13.9 Parking: Parking on sidewalks and open lawn areas, or in front of driveways to residences so as to cause any obstruction to the safe flow of pedestrian and traffic, is prohibited, and parking may only be done in areas so designated for that purpose. 13.10 Boats and Trailers: No boats or trailers shall be parked on the owner s property but shall be kept at a boat park designated by the Home Owners Association. No caravans will be permitted to be brought onto the Estate or to remain there. 13.11 Skate Boards, In-line Skates, Roller Skates: Skates are a matter of concern to drivers when encountered on roads. While no-one wishes to turn the Estate into a sterile non-playing area, in the interests of safety, parents are obliged to instruct their children to stop skating and get off the road as soon as any vehicle approaches. 13.12 Removal Vehicles: No articulated vehicles may enter the Estate. This includes removal vehicles with trailers. Persons moving household furniture should be aware of this when arranging their removals, and should liaise with Security when a problem is foreseen. 14 SPORTING, RECREATION AND COMMUNITY FACILITIES 14.1 Camping: Camping is not permitted anywhere within the Estate. 14.2 Picnicking: Picnicking is not permitted on any common property under the jurisdiction of the Home Owners Association, other than in areas specifically zoned for such use, if any. 14.3 Boating and Fishing: Boating and Fishing is permitted on the Jozini Dam only under permit from the Home Owners Association. 14.4 Firearms: Discharging of any firearm, air-gun or other lethal weapon is strictly prohibited. 14.5 Hotel facilities: All hotel facilities including, boma, pool and restaurant is for hotel guests exclusive use. Hotel facilities can be used through normal booking procedures. 15 GENERAL 15.1 General Conduct: Respect and general consideration by all owners and residents for all other owners and all users of the Estate should be exercised at all times. Unreasonable disturbance, inconvenience, annoyance, being a nuisance to, or interference with any other owner or resident, or their rights, in any manner deemed by the Home Owners Association to be unacceptable to harmonious living, is strictly Page 23 of 32
prohibited. 15.2 Helicopters: No helicopter or other aerial conveyance may be landed at any place on the Estate without the prior written consent of the Estate Management. (This rule shall not apply to legitimate Emergency Services performing special duties or rescue operations). 15.3 Domestic and garden refuse: All domestic refuse and the like shall be put in black plastic bags supplied by the Municipality and kept in a bin purchased by the Owner in a suitable place within his or her property and screened from public or neighbours view. On prescribed days and times, the bins must be placed by the resident on the sidewalk outside the residence, ready for collection. Bins may not be placed on the sidewalk on any other day. The use of recognised Municipal green wheeled containers is mandatory. Garden refuse may be put out with domestic refuse but in green bags as directed under upkeep and maintenance of gardens. Where refuse is of such a size or nature that it cannot be removed by the normal service, the owner shall make special arrangements with the Municipality or a private contractor, and all costs thereof shall be for the owner s account. The disposal of any domestic animal carcass shall be the responsibility of the owner through private arrangements with the municipal, and costs thereof shall be for the owner s account. No domestic animal carcass may be buried on the Estate. 15.4 Slaughtering: No animal, bird or reptile may be slaughtered within the Estate. 15.5 Curing of Meat, Etc: No meat, skin, fish or carcass may be hung up to dry or to cure within the Estate. 15.6 Signs: No signs may be displayed on the Estate (giving names of builders, decorators, furnishers, alarm companies, garden installers, garden maintenance contractors, for sale, and the like). (This rule shall not apply to the regulation notice Board required by the Guidelines for the erection of new buildings, nor to Security signs depicting zones on the perimeter fence). All decorative house name Boards must conform to the size, colour and position within the requirements of the Home Owners Association. No flags, flag poles, or radio aerials on poles may be erected on private residential units on the Estate. (This rule shall not apply to Home Owners Association, Club or Commercial property, provided approval of the Board is obtained). Under special circumstances, for religious reasons only, relaxation may be considered upon written application to the Board but no guarantee is implied permission will be given. Page 24 of 32