BOARDWALK MANOR ESTATE Including RESIDENTIAL DESIGN GUIDELINES of the BOARDWALK MANOR HOME OWNERS ASSOCIATION 1
1 INTRODUCTION 1.1 These rules are designed to promote and protect the high quality lifestyle and the security to which residents of the Boardwalk Manor Estate aspire. 1.2 They have been established in terms of the Memorandum and Articles of Association of the Boardwalk Manor Homeowners Association ("BMHOA") (2001/019929/08) and are binding upon all occupants and owners of erven and sectional title units in the Estate (both being hereinafter referred to as "units"). Owners and occupants are also bound by any decision taken by the Board of Directors ("the Board") with regard to the enforcement of these rules. 1.3 It is the responsibility of the registered owners of units to ensure that members of their families, as well as their tenants, visitors, friends, invitees, contractors and employees abide by these rules. 1.4 The decision of the Board with regard to the interpretation of these rules is final and binding. 1.5 These rules may be amended or supplemented from time to time in terms of the Articles of Association of the BMHOA. (Section 70) 2 USE OF STREETS 2.1 The streets of Boardwalk Manor are for the use of all residents, whether on foot or by motor vehicle. Although motor vehicles are a part of the street environment, they are not necessarily the dominating factor. 2.2 The speed limit is restricted to 30 km per hour. 2.3. Parents are responsible for the safety of children who play in the streets of the Estate, but motorists must approach children in or near the street with extreme caution. 2
2.4 Motor vehicles or any other self-propelled vehicle may only be driven in the streets. Parks, open spaces, walkways, sidewalks and curbsides are off-limits. 2.5 Parking is only permitted in the areas designated for this purpose 2.6 Visitors using the common property parking areas may do so for short periods of time, with a maximum of 5 hours, unless authorized by the Estate Manager 2.7 Pedestrians may cross streets at designated crossings in the ESTATE and have the right of way at such crossings. Motorists must accordingly approach such crossings with caution. Pedestrian crossings are to be regarded as yield signs. Pedestrians, who are about to cross the road at these crossings, are entitled to expect that motorists will bring their vehicles to a complete standstill. 2.8 Only licensed and roadworthy vehicles of the kind permitted on public roads will be allowed to use the roads in the Estate. 2.9 Only licensed drivers are permitted to operate motor vehicles on the roads in the Estate. 2.10 Bicycles have preference over motor vehicles in the use of the Estate roads. Cyclists must however adhere to all the rules of the road as well as these rules regarding road usage. 2.11 The Board, through its authorized representatives, has the authority to apprehend and fine motorists who disregard the rules of road. 2.12 The amount to which fines will be levied, will be decided by the Board of Directors from time to time and notice given, but is presently set at a minimum of R250-00 for a first offence. 3. BUSINESS RIGHTS 3.1 No business activity or hobby may be carried on within the Estate, which may create a nuisance for other residents, including auctions and jumble sales. 3.2 No business of any kind may be conducted from units within the Estate without the prior approval in writing of the Board, and then only if such business is permitted in terms of the town planning scheme applicable to the unit. 3
3.3 All applications to conduct business from units within the Estate must be submitted in writing to the Board, which will deal with any such application at the Board Meeting. After the submission of the application The Board s decision is final. 3.4 The following factors will play a role in the Board's decision: 4. NOISE 3.4.1 Will the business cause an influx of visiting vehicles into the Estate and affect the use of the visitor parking area? 3.4.2 Will it generate excessive noise? 3.4.3 Will it have a negative impact on neighbouring stands? 3.4.4 Does it have the potential to attract criminal elements into the Estate? 3.4.5 Will it depend on onsite advertisement and high visibility? 3.4.6 Will it fit in with the general character of the Estate? 3.4.7 Will it enhance or reduce the desirability of the Estate for prospective investors? 3.4.8 What will the effect of the business is on the general value of property in the Estate? 3.4.9 Will the business require additional building construction? 3.4.10 How do the direct neighbours of the applicant feel about the intended business? 3.4.11 Will adequate parking be made available, so as to prevent.sidewalk parking? 4.1 The sound of music, television or radio broadcasts and the sound emanating from other electronically controlled instruments must be kept at a level, which is not intrusive to residents of adjacent properties. 4.2 Parties must be conducted with a minimum of noise generation and no music or noise caused by merrymaking shall be heard beyond the boundaries of the applicable unit between the hours of 23:00 and 8:00. 4.3 The do it yourself repair and maintenance of motor vehicles, or any other internal combustion engine vehicle, craft or implement, must take place out of sight from the Estate streets and may never cause disturbance or be intrusive to neighbours or other Estate residents. 4.4 The use of powered implements such as power saws, lawnmowers. brush cutters, weed eaters and the like, which produce noise that may be intrusive to neighbours, shall be kept within reasonable 1imits and will in any event only be indulged between the following hours: May -August 07:30-18:00 and September -April 07:00-19:00 4
On Sundays, such activities will be limited to the hours of 09:00 to 12:00. Contravention of any of the above provisions shall be punishable by a fine not exceeding R500.00. 4.5 Motorbikes and any other vehicles must be driven with due regard to prevent any excessive noise or disturbance to residents. 5. DOMESTIC WASHING 5.1 Washing may only be hung on lines screened from the street and neighbouring properties or units. 5.2 No washing may be done outside the building(s) on the applicable unit or on any property belonging to the BMHOA. 6 REFUSE REMOVAL 6.1 Refuse removal is provided by the service provider appointed by the Board. 6.2 The timetable and prescriptions for domestic refuse removal, as published by the Service Provider from time to time, will apply to and be observed by all residents. 6.3 Refuse bins must be removed from *sight as soon as possible after collection by the service provider (* housed out of sight from the street and public areas and both the bins and the refuse area are to be kept clean and hygienic in order to prevent insects and smell). 6.4 General garden refuse may not be placed on the curbside or sidewalk for collection for a period in excess of 8 hours. 6.5. Collecting agents employed by residents must be registered according to the rules and regulations applicable to contractors, regarding access and security control. 6.5 No garden refuse may be dumped on empty stands or on the property of the BMHOA. Fines of up to R500,00 may be levied in the event of unlawful dumping of garden refuse or other rubble. 6.7. Any refuse so dumped, may be removed by the BMHOA at the cost of the perpetrator or his principal and/or the identified owner or resident. 5
6.8. Refuse or any building waste may never be burnt. Contravention of this regulation shall be punishable by a fine not exceeding R1000-00. 7 FIREWORKS 7.1 NO fireworks may be setoff within the boundaries of the ESTATE. 7.2 Criminal charges may be brought against perpetrators and an internal fine of 500-00 will be levied. 8 THE STREETSCAPE 8.1 The BMHOA is responsible for the maintenance of the sidewalk between the road curb and the boundary of each property. 8.2 Damage to the curbside, traffic signs, lamp posts and other road marks, will be for the account of the offender or the legal guardians of minors committing offences or the principals of contractors. 8.3 The need for repairs of such damages is to be reported to the Estate manager as soon as possible. The Estate Manager will notify the offender or alleged offender of the damage inflicted. 8.4. The offender will be given the opportunity, within three working days from date of notice, to repair the damage at his own cost, where-after, without further notice, the Estate manager will undertake the repairs at the cost of the offender. 8.5. The amount for such repairs will be included in the monthly levy account of the offender for payment to the BMHOA at the end of the ensuing month. 8.6. Curbsides and sidewalks may not be used for the purpose of storing sand, top-dressing, gravel, bricks etc. It is the responsibility of the owner of the unit to clear the curbside or sidewalk within one working day, from date of any accidental delivery thereon, in order to avoid further fines. Initial wrongful delivery on any curbside or sidewalk is subject to the minimum fine for first offenders, currently R150,00. 8.7. It shall be the responsibility of owners or residents to keep the sidewalks adjoining their properties in a clean and tidy condition and to refrain from doing anything, which may damage or detract from the vegetation established by the BMHOA. 6
8.8. Walls, buildings and other structures visible from the street must be maintained and painted where necessary. 8.9. Caravans, trailers, boats, kennels and the like should be sited out of view and screened from neighbouring properties. 8.10. Garden refuse, other rubbish, building rubble, rocks and the like may not be dumped on neighbouring properties and, if so dumped, will be removed at the cost of the guilty party and added to the guilty party s next levy account. 8.11. No trees, plants or sidewalk lawn may be removed without the permission of the Estate Manager. 8.12. No shrubs, trees, flowers or plants may be planted on sidewalks without the prior approval of the Estate Manager or the Board. 8.13. Air conditioners are not to be visible from the street and should be covered in a box or moved to a lower level or removed. 9. RESIDENTIAL DESIGN GUIDEL.INES 9.1. The residential design guidelines annexed to these rules, as Annexure "A" shall be deemed to be incorporated in and to form part of these rules. 10 ENVIRONMENTAL MANAGEMENT 10.1 No rubble or refuse may be dumped or discarded in any public area or open vacant stands. The BMHOA will remove the rubble or refuse and, in the case where the perpetrators are known, will do so at the cost of the perpetrator. Perpetrators may also be subject to prosecution. 10.2. The Estate Manager may issue spot fines of up to R250,00. Fines will be added to the monthly levy in case of non-payment. The normal appeal procedures may be followed in the event of dispute of facts. 10.3 Flora may not be damaged or removed from any public area. 10.4 The BMHOA is responsible for maintaining trees, plants and shrubs planted the curbsides by the BMHOA. In the event of damage to same, or the demise thereof, residents are requested to notify the Estate Manager, in order to have it replaced or treated. 10.5 Residents are expected to maintain a high standard of garden frontage. Lawn must be kept short and edges trimmed. 7
10.6 Residents must ensure that declared noxious flora is not planted or growing in their gardens as well as to adhere to the Indigenous Plants and Protection Act, Act 185 of 2000. 10.7 Swimming pool water may not be emptied onto the green areas but must channel into the storm water system. Permanent ducting has to be installed by residents who install pools on their premises. 10.8 The owners of vacant stands must keep them clean and veldt grass and other growth must be kept short, to less than 400mm, to prevent fires as well as for security reasons. 10.9 If the length of veldt grass is not maintained. the BMHOA reserves the right to clean the stand at the owner's expense as regularly as is necessary, without further notice to the owner. Stands must be maintained with grass less than 400mm, failing to do so grass will/ be cut at a cost of R350,00. 10.10 Residents may make use of open space areas entirely at their own risk at times, notwithstanding that areas may or may not be maintained and or supplied with facilities by the BMHOA. 10.11 Residents may under no circumstances allow any wastewater or other pollution to flow into the spruit running through the Estate. 10.12 The use of paintball guns are prohibited on the Estate. 11 ACCESS CONTROL 11.1 Residents 11.1.1 Residents must be in possession of an electronic remote access control, or such other access mechanism as may be determined by the Board from time to time, which they obtain from the Estate Manager. 11.1.2 Residents who enter the ESTATE without the approved access mechanism as per Rule 11.1.1 will be treated as visitors. 11.1.3 Residents are required to treat all security officers and the BWM personnel in a cooperative and patient manner. No "outbursts" or any form of verbal abuse towards security officers and BWM personnel will be tolerated. A fine of R500,00 may be levied against the Owners account. 8
11.2 Visitors to residents 11.2.1 Visitors must complete the Access register and will be issued with a "visitor s card" or such other access mechanism as may be determined by the Board from time to time when entering the ESTATE. 11.2.2 Visitors must return the "visitors card or other access mechanism as set out in Rule 11.2.1 on departure. Failure to do so will result in departure being refused. The visitor will at all times comply with the instructions of the security personnel at the main gate. 11.2.3 Security will not allow access to any visitor under the influence of alcohol or drugs and may refuse access, where access is not authorised by the resident, or otherwise in terms of these rules. 11.3 Other visitors 11.3.1 Prospective buyers will only be allowed into the Estate if personally accompanied by the appointed Accredited Estate Agent in terms of Rule 15. 11.3.2 A taxi may only enter the Estate if the resident concerned has made prior arrangements. All passengers will be treated as visitors and must comply with Rule 11.2 11.4 Domestic workers Gardeners (full time) 11.4.1 The resident must complete the required application/registration forms at the office of the Estate Manager with all required documentation. 11.4.2 A domestic worker, and/or full time gardener will be given access in terms of the policy laid down from time to time by the Board.. 11.4.3 Visitors to domestic workers must not intrude on the privacy and peace of other residents. The Estate manager must be notified of any visitors that will overnighting although overnighting is not encouraged. 11.4.4 The security provider will monitor visitors to domestic workers and will notify the Estate Manager accordingly. 9
12. HOUSE ALARMS AND SECURITY 12.1. Alarm systems may only be installed by "accredited" vendors as appointed by the Board so as to ensure alarm system standards within the Estate. 12.2 Residents are not allowed to acquire the services of "external" armed reaction units. The appointed Security Company will react to all security issues. 12.3 No member, resident or person(s) in their employ may carry any firearm(s) on the common property of the Estate. 12.4 Residents are not allowed to have a "night-watchman" on their property before during or after building has been completed. 12.5 Residents are requested to inform the Estate Manager' Security if they will be away from their premises for a period of longer than 4 days. Full details must be provided of the person/s that will be occupying the premises during that time. 12.6 Residents may not refuse access to their property if any form of maintenance (preventative or current) must be carried out to the boundary wall/ palisade fence or security related equipment. 12.7 Repairs and maintenance times will be coordinated with the Estate Manager. Residents must be cooperative regarding any fence/wall related issues. as damage to, or destruction thereof poses a major security risk, and impacts all residents within the Estate. 14. TENANTS, VISITORS, CONTRACTORS AND EMPLOYESS 14.1 Should any owner let his property, he/she shall advise the BMHOA, in writing and in advance, of the intended occupation by a lessee. The owner will supply the name of the Lessee, personal information of the lessee such as ID number and alternative contact address, as well as the period of such lease (contract). The onus rests on the owner to inform the Lessee of all the Rules and Regulations of the Estate Rules. The lessee MUST be bound to adhere to such rules. 14.2 The occupants of any property within the Estate are responsible for the conduct of their visitors, contractors and employees, and must ensure that such parties adhere to all Rules and Regulations. 10
14.3 Owners must ensure that contractors employed by them adhere to the stipulations of the Contractor's Code of Conduct. 15. LETTING AND RESELLING PROPERTY 15.1 Should any owner wish to sell or lease his property, only an Estate Agent accredited by the Board may be selected to manage the sale or lease. In the event of private sales, the resident/owner will comply mutatis mutandis with the conditions as set out below. 15.2 ACCREDITED ESTATE AGENT GUIDELINES The following Rules will be implemented at the Estate in order to secure the safety of all the Home Owners in the Estate. 15.2.1 Contract A formal contract will be drawn up for all Accredited Estate Agents that wish to sell Property in the Estate. The following guidelines will be outlined in the contract that all Estate Agents have to sign: (a) (b) (c) (d) Agents need to apply in writing to the Board for approval. Agents must register at the office of the Estate Manager. A registration fee is payable which will be determined by the Board from time to time. Registration will be for a maximum period of 12 months after which the agent must re-apply. 15.2.2 For Sale Sold or To Let : Agent boards are not permitted on the Estate or at the entrance to the Estate. 15.2.3 No Show Houses are permitted on the Estate. 15.2.4 Any Accredited Estate Agent must have a specific appointment with or have the permission from the owner of the property visited.. 15.2.5 Any prospective buyer has to be escorted by an Accredited Estate Agent or owner while entering the Estate. Nobody will be allowed access to view properties on his/her own. 15.2.6 Agents will not be allowed to approach owners to solicit properties for sale or to let. 11
15.2.7 Agents must be registered with the BOARD FOR ESTATE AGENTS and be able to give proof of their registration upon entering at the Estate. 15.2.8 Agents must be registered with the INSTITUTE FOR ESTATE AGENTS. 15.2.9 The BOARD reserves the right to refuse registration of an agent without assigning any reason therefore. 15.2.10The BOARD reserves the right to withdraw registration of an agent who does not adhere to the rules, without the refunding of the registration fee. 15.2.11The following documentation should be handed to the ACCREDITED ESTATE AGENT by the owner:- *ACCREDITED ESTATE AGENT Guidelines * Levy penalty Building *Foundation Recommendations *Specifications for signage Boards *Use of Streets *Rules and Regulations 15.3 A list of accredited Estate Agents as approved by the Board can be obtained from the Estate Manager. 15.4 The Accredited Estate Agent must ensure that the buyer/lessee is informed and receives a copy, of these Rules, the Residential Design Guidelines, Contractor's Code of Conduct and any other administrative regulations applicable at the time. 15.5 CLEARANCE CERTIFICATES 15.1 A clearance certificate must be obtained from the Home Owners Association prior to the first advertisement being placed and/or the property being placed on the market 15.6 Clearance Certificates are only issued in the event of private sales or sales by an Accredited Estate Agent. In the event of the sale taking place by a non-accredited Estate Agent the owner of the property will be liable for the Accreditation Fee which is R3000,00. as well as a R1000,00 fine. 12
15.7 No transfer of property may take place without the issue of a clearance certificate authorized by the Estate Office. 15.8 Any approval granted to the seller (in case of a resale) or Lessee, prior to the time of sale or lease, must be communicated to the buyer or Lessee at the time of the purchase or lease. Failing this, the buyer or Lessee will have recourse against the seller or lessor, but never against the BMHOA. 15.9 The seller or 1essor of property in the Estate shall ensure that the sale/lease agreement contains the following clauses dealing with the following matters: 15.9.1 SALE 15.9.1.1. Homeowners Association The Purchaser acknowledges that he/she is required upon registration of the property into, his/her name, to and will automatically become a member of Boardwalk Manor Homeowners Association and agrees to do so subject to-the Memorandum and Articles of Association of The Section 21 Company. 15.9.1.2 Conditions of Title The seller shall procure that, in addition to any other conditions of title, the following conditions of title are inserted in the Deed of Transfer, in terms of which the Purchaser takes title to the property: Subject further to the following conditions laid down by the Transferor in favour of Boardwalk Manor Home Owners Association No 2001/019929/08: The transferee, his heirs, executors and successors in title are compelled to be members of the Boardwalk Manor Home Owners Association (an Association without gain incorporated in accordance with Section 21) from the date of registration of the property into their name. The transferee, his heirs, executors and successors in title shall not be entitled to transfer the property in any manner, without obtaining the prior written permission of the Boardwalk Manor Home Owners Association and then only subject to the condition that the Purchaser will become a member of the said Boardwalk 13
Manor Home Owners' Association on the date of registration of the property into his name. The seller must personally ensure that the buyer is informed about and receives a copy of these Rules, the Contractors Code of Conduct, the Residential Design Guidelines and any other administrative regulations applicable at the time. 15.9.3 LEASE 15.9.3.1The lessee undertakes upon occupation of his premises, that he/she and his/her family; his/her visitors and servants shall adhere to the rules and regulations as attached to this document. 15.9.4. Letting Agents may only operate on a "by appointment" basis, and must personally accompany a prospective buyer or lessee. 15.9.5. The Lesser must personally ensure that the Lessee receives a copy/copies of these Rules and any other administrative regulations applicable at the time and binds his Lessee to such rules and regulations in the lease. 16. PETS 16.1 A maximum of 2 {two) dogs and 2 {two) cats may be kept on regular erven, subject to the application form being completed and the written approval from the Board first being obtained. (Sectional Titles have different ruling about pets ensure to obtain a copy of the rules and regulations from the Managing Agents). 16.2 No wild animals or poultry, pigeons or birds, which impact on and cause a nuisance for neighbouring units, may be kept in the Estate. 16.3 No pets are allowed to roam the streets. Roaming pets, without tags as contemplated in Clause 16.6, will be removed immediately, without notice to the owners and be handed to the municipal pound or SPCA. In the event of the owner being known to the Estate Manager, or the owner becoming known to the Estate Manager, a fine of up to R250.00 may be levied, depending on the circumstances leading to the animal being outside of the owner's unit. 14
16.4 Pets must be walked on a leash in public areas. All streets, parks and open areas are defined as public areas. 16.5 Should any excrement be deposited in a public area, the immediate removal thereof shall be the sole responsibility of the owner of the pet. Neglect to comply may result in a fine of up to R250.00. 16.6 Every pet must wear a collar with a tag indicating the name, telephone number and address of its owner. Cats must have a bell on the collar. Stray pets without identification tags, or pets which are consistently allowed to roam the streets, will be apprehended and handed to the municipal pound or SPCA. 16.7 The owner will be responsible for any damage or injury caused to property/persons/other animals within the Estate by his/her dogs or other pets. 16.8 Any pet that makes excessive noise or that invades the privacy of neighbouring units may result in a fine of R250-00 and can result in the pet not being allowed in the Estate. 16.9 Ritual Slaughtering: As this matter of Ritual Slaughter may become an issue in future in S/T and other schemes we requested an attorney to supply us with a draft rule to be included into the Conduct Rules. 16.9.1. Slaughtering of animals for religious and cultural purposes only shall be permitted within the confines of a section (and not under any circumstances on common property) subject to the following conditions: a. At least two weeks written notice of the intended religious or cultural event requiring such ritual slaughter shall be given to the Trustees, specifying: i. the date and time of the proposed slaughter; ii. the type of animal to be slaughtered; iii. the name and qualifications of the person who will be carrying out the slaughter; iv. confirmation that the animal will be brought on to the premises immediately prior to the ritual slaughter and that the carcass, and all remains of the animal, will be removed immediately from the premises after the act of ritual slaughter. 15
v. A notice from the local authority shall accompany the above notice confirming that all by-laws with regard to the ritual slaughter have been/will be complied with; vi. vii. viii. A notice from the health department shall accompany the above notice confirming that health department specifications with regard to the ritual slaughter have been complied with/will be complied with; A certificate from the Society for the Prevention of Cruelty to Animals (SPCA) shall accompany the above notice confirming that an official from the SPCA will be present at the proposed event to ensure that the animal to be slaughtered will not endure unnecessary pain and suffering during such slaughter; Notice shall also be given to all adjacent units of the date and time of the proposed slaughter; Failure to comply with the above requirements shall entitle the Trustees of the Body Corporate to prevent the act of ritual slaughter from taking place on the premises or debiting the unit owner concerned with any costs incurred. 17 ADMINISTRATION 17.1. The administration of the Estate is solely the responsibility of the elected Board. They may decide to delegate certain or all of the managerial powers to the Estate Manager or an appointed Agent. 17.2. The Estate Manager or appointed Agent will collect levies on behalf of the BMHOA. All levies are due and payable in advance on the first day of each and every month. 17.3. Interest at a rate determined by the Board from time to time, will be raised on all accounts in-arrears. 17.4. Further penalties, to be determined from time to time, will be imposed on any account unpaid after 60 days. Any unpaid account, due for a period exceeding 90 days will be handed to the appointed attorneys and or collection agents, to recover. 16
18. ADVERTISEMENT AND NAME BOARDS Name boards 19 FINES 18.1 Residents and or owners wishing to name their properties may do so, by attaching lettering and or plaques to the perimeter wall directly adjacent to the main gate or entrance to the stand. 18.2 No Perspex, composite materials, degradable materials, plastics, painted boards akin to advertisement boards (not applicable to shaped and artistically presented painted boards), untreated wooden boards or rough wood lettering will be allowed. 18.3 Bronze lettering or plaques are preferred. Ceramic lettering, pottery and concrete ornamental murals are acceptable. Advertisement Boards 18.4 No advertisement boards will be allowed on the Estate or on the perimeter wall of the Estate or at the main entrance thereof, 19.1 The BMHOA have the right to introduce and enforce payment of fines against transgressors of any of the rules and regulations contained in this document or its annexure or amendments. 19.2 All rules not adhered to, whether indicated as carrying a fine or not, will be subject to a fine of at least R150.00. Persistent transgression of rules and regulations may result in legal action being taken by the Board to interdict an owner to refrain from further transgressions or to seek alternative legal relief. 19.3 Where any of the rules as stipulated by the BMHOA have been broken and a fine levied, such fine will form part of the next monthly levy due and will be due and payable on the due date of the payment of the levy. 19.4 The Estate Manager has been authorised by the Board to impose any fine referred to in these rules and regulations. 20 NOTICES DECISIONS AND APPEALS 20.1 No resident/owner may refuse receipt and/or delivery of any notices in terms of the rules and regulations. Refusal will result in the placement of the notice in the normal fashion, by attachment to the gate and/or front 17
door of the abode. Such service will be effected by the security firm appointed by the BMHOA and will be sufficient service of such notices. 20.2 In the event of any appeal or dispute of the facts relating to any fine Imposed or decision made by the Estate Manager written representation must be addressed to the Board which appeal or dispute will be dealt with at the first Board meeting subsequent to receiving such written representation. 20.3 The decision of the Board of Directors is final and no further appeal is allowed thereafter. 21 CONTRACTORS / OWNERS BUILDERS: STANDARD CODE OF CONDUCT 21.1 INTRODUCTION Certain rules relating to building contractor and / or activity on the Estate have been adopted by the Boardwalk Manor Home Estate Owners Association (BMHOA), the legal representative of residents and property owners at Boardwalk Manor Estate. The primary intention of these rules is to ensure that all building activity at Boardwalk Manor Estate is conducted with the minimum of inconvenience and disruption to residents..in the event of any queries in this respect, residents and / or their contractors are. most welcome to contact the BMHOA appointed Security Contractor and thereafter the Estate Manager of the BMHOA. 21.2 LEGAL STATUS The rules and regulations governing building activity as set out in the document is binding on all residents, their contactors and sub-contractors. Furthermore, all residents are obliged to ensure that their building contractors and sub-contractors are made aware of these rules and that they are strictly complied with. Residents are accordingly required to include these rules in their entirety in any building contracts concluded in respect at any property on the Estate. Such contracts may be required to be submitted to BMHOA for prior approval. The BMHOA has the right to suspend any building activity. In contravention of any of the conditions and does not accept any losses sustained by a resident or contractor or sub-contractor as a result thereof, or any claims for damages of whatsoever nature. 18
21.3 SITE PREPARATION Before any physical construction may commence, the BMHOA may request, that the property has to be screened on all sides with the prescribed shade cloth. The owner must carry all costs for the prescribed screening. Note: No construction may commence: *Unless the water connection is installed on site. *Unless an approved chemical site toilet has been installed in a position as Approved by the Estate Manager. (Entrance to the toilet to be screened.) *Unless the Building Performance Deposit of R6 000, 00 {Six Thousand Rand) has been paid with the Estate Manager or Administrator into the Trust account of the BMHOA, (which will be held interest free in trust. (Cheques must be made out to the BMHOA or Managing Agent as may be applicable). *Unless all outstanding levies are paid. *Approved plans on site (Esthetic committee & Municipal stamps on plans). 21.4 BUILDING PERFORMANCE DEPOSIT 21.4.1 The building performance deposit will be used in the event, if there is a breach or non-performance to remove rubble or make good any damage caused by the contractor. or the sub-contractors of suppliers, including kerbing, landscaping, community services, roads, irrigation etc, and for any outstanding spot fines and the BMHOA reserve the right to prevent the occupation of any houses if the above is not fully adhered with. 21.4.2 Notwithstanding the above the Board shall be entitled to withhold the repayment of the performance deposit if any deviations from the original plan have not been approved by the parties concerned as set out in the Residential Design Guidelines. and this does not release the owners concerned from any action that the Board may take. 21.4.3 Furthermore non approved items will be subject to monthly fines and such fines may not be set off against a performance deposit unless in the discretion of the Board. 19
21.5 CONDITIONS REGARDING BUILDING CONTRATORS and/or OWNER BUILDERS ACTIVITY IMPORTANT RULE AMENDMENT NOTICE TO OWNERS AND BUILDING CONTRACTORS EFFECTIVE DATE: 1 JULY 2006 This notice serves only to highlight the main issues concerned with building and must be read in conjunction with the full set of rules Certain rules relating to building contractors and/or activity on the Estate have been adopted by the Boardwalk Manor Home Owners Association. The primary intentions of these rules are to ensure that all building activities at the Estate are conducted with the minimum of inconvenience and disruption to residents. COPIES OF THE AND THE RESIDENTIAL GUIDELINES ARE AVAILABLE FROM THE OFFICE AND CONTRACTORS ARE WELCOME TO CONTACT THE OFFICE AT (012) 991 2086 SHOULD THE NEED ARISE. INTRODUCTION The primary intentions of these provisions are to ensure that all building activity at Boardwalk Manor Estate (hereinafter) referred to as the Estate) occurs with the least disruption to the residents. In the event of uncertainty, the Contractors should communicate with the Estate Manager. 1. LEGAL STATUS: The Boardwalk Manor Homeowners Association (hereinafter referred to as the HOA ) has the right to fine and/or suspend any building activity in terms of its Articles and Memoranda. The owners of properties remain responsible for transgressions by their contractors / agents / workers / visitors at all times and therefore notices, warnings and fines will be issued to them only. Should there be an infringement of any of the under mentioned conditions, the HOA accepts no liability whatsoever for any losses sustained by the house owner, contractor or sub-contractor, as a result thereof. The HOA accepts no responsibility or liability for any injury, loss of life, damage or loss of materials or equipment during building operations. 20
2. CONDITIONS RELATING TO ACCESS AND BUILDING ACTIVITIES 2.1. No building activity may commence on the designated site until the contractor has erected a screened ablution facility, connected to the sewerage system, as well as obtained a water connection from the City Council of Kungwini (hereinafter referred to as CCK ). Once this is in place, a clearance certificate to commence building will be issued by the Estate Manager. only then may the contractor register the company and its employees at the Office, accompanied by a Security Guard. 2.2. To initiate the registration of a contractor/sub-contractor the office requires:- 2.2.1. A letter of appointment from the owner/resident of the relevant stand which must contain full contact details for the resident/owner (including a 24 hour telephone number) and the necessary permission/confirmation of the contractor s scope of work and; 2.2.2. A certified copy of the contractor s current valid NHBRC Certificate. 2.3. In order to gain access to the Estate, appointed contractors, sub-contractors and their workers must be obtain monthly access permits from the Office at R50-00 per permit accompanied by a valid South African Identification document, driver s licence or certified copy thereof. Access permits will be valid for a maximum of three months at a time. Renewals will be at no cost. 2.4. As from 1 July 2006, no contractor, sub-contractor or worker will be allowed into the Estate without a permit and proper proof of identification. Security will have strict instructions not to allow any exceptions. 2.5. Besides the permit system, as part of additional security access procedures, each contractor will be responsible for the daily preparation of all necessary documentation upon entering the Estate. 2.6. A three consecutive day, clearance permit may be granted to Contractors and their workers on presentation of valid South African Identification document/drivers licence or certified copies thereof at no cost. This permit will expire two calendar days after issue. 2.7. All workers must be transported between the security gate and their designated building site by vehicle. No pedestrian traffic or loitering of contract workers will be allowed in the Estate. Hitch-hiking by workers are strictly forbidden. 2.8. Building activity, including installations and delivery of supplies will only be permitted Monday to Friday 06h30 to 17h30 during the winter and until 21
18h00 in the summer. All contractors, workers, delivery and installation personnel must leave the Estate on or before the respective closing time. 2.9. In case of unavoidable circumstances where the contractor are forced to leave the Estate later than closing time, the Estate/Security Manager must be notified immediately, once the problem become known. The Estate /Security Manager will then take charge of the situation and his/her decision will be final. 2.10. No work will be permitted on Saturdays, Sundays and Public Holidays and the December builders holiday period. 2.11. To ensure the speedy delivery of building supplies, all sites must be clearly identifiable. Building Boards may only be erected if they comply with the specifications laid down by the HOA. Details of the approved format are available from the Estate Manager s office. No subcontractors advertising boards will be permitted on the Estate. 2.12. All materials off-loaded onto pavements must be moved to within the borders of the site on the same day. 2.13. No machine, truck, construction vehicle, trailer, or implement may overnight on a road, pavement, other vacant stand or other public area in the Estate. 2.14. Material, dumpsters and implements are to be stored within site boundaries. 2.15. The house owner will be responsible for damage caused to kerbs, plants on sidewalks and/or damage to neighbouring properties by his contactors/agents. 2.16. Dumping of building material or rubble on adjacent or other vacant stands is an offence and will lead to a summarily fine to the owner concerned plus the cost to clear the stand. 2.18. High density black or green shade nets are to be neatly erected at all sides of the building site in the absence of a boundary wall, including the road side borders. The site is to be kept as neat as possible and rubbish removed daily. The contractor shall therefore provide facilities for regular rubbish/rubble disposal and ensure that workers make use of this facility. 2.19. The most common forms of rubbish are cartons, papers, paint tins/cans/ drums and empty cement- and plastic bags, which pollute the neighbourhood. Such rubbish must be kept in a designated place on the site behind the shade nets, well out of sight of residents. This rubbish must be disposed of in the afternoons before 16h00. Contractors must ensure that the wind do not blow rubbish all over the Estate. 2.20. Spillage of any kind, including motor oil, on to the road must be cleaned meticulously every day. 22
2.21. All building rubble, like pieces of bricks, tiles, used concrete, off-cuts of metal/wood/electric wires must be removed from the Estate each and every Friday before 16h00. During the week it must be placed in a designated place, on the site behind the shade nets, well out of sight. 2.22. No alcohol or other intoxicating substance will be allowed on building sites. 2.23. Workers dismissed by contractors from sites, must be transported to the security gate by the contractor who will request security to cancel the workers access permits. 2.24. No night watchmen will be permitted on site at any time. 2.25. No fires of any kind may be started on building sites, public areas or any other area on the Estate. 2.26. Electric power may not be utilised from a neighbouring site. Similarly no water may be used from fire hydrants or an adjacent site. 2.27. Illegal electrical connections will not be tolerated; such connections will be summarily reported to the CCP. No trucks:- *exceeding 9 meters in length, or *carrying more than 30 tons, or *which are articulated, or *which are linked, or *with more than two axels will be allowed on the Estate. 2.28. Vehicles carrying mixed concrete (for foundations or slabs) must be limited to 3 m ³ and no such vehicle will be allowed entry to the Estate after 16h00. Contractor should therefore do their planning in accordance. 2.29. On completion of the construction period, the contractor will ensure that all monthly access permits are returned to security, to be disabled. 2.30. It is the responsibility of the owner and main contractor to ensure that subcontractors are aware of these rules and regulations at all times. 2.31. All labourers must be paid according to the minimum wage requirement. 2.32. Labourers must strictly adhere to the safety requirements as stipulated by NOSA on Contractor Building Regulations. 2.33. Speed is strictly limited to a maximum of 30 km/h. The Estate Manager is entitled to impose fines to the contractor, or his agents, where any of the contractor s vehicles and/or their sub contractors and/or delivery vehicles exceeds the speed limit, in the opinion of the Estate Manager. Children always enjoy right of way. 23
2.34. Any damage to gates, pavements, roads, poles and irrigation systems will be for the account of the owner of the site. 2.35. A 110mm sleeve must be provided under each driveway (for irrigation purposes) before paving is finalized. 2.36. Fines of up to R1000-00 per building site transgression will be imposed by Estate manager/security to owners where contractors do not adhere to the above-mentioned and general rules and regulations of the Estate. THE HOA RESERVES THE RIGHT TO AMEND THESE RULES AND REGULATIONS FROM TIME TO TIME Enquiries at the Office: (012) 991-2086 22 SECTIONAL TITLE SCHEMES WITHIN THE ESTATE 22.1 These Rules and Regulations shall apply to the Sectional Title Schemes, owners and residents in addition to the Rules laid down by the Body Corporate of each Sectional Title Complex. 22.2 The Board of the Boardwalk Manor Home Owners Association and/or its designated employees shall be entitled to take such steps as may be deemed necessary to ensure that the aesthetics and other values of the Estate is adhered to. These Rules and Regulations were approved by the Board of the Boardwalk Manor Home Owners Association on 2007 -------------------------------------- ------------------------------------ CHAIRMAN VICE-CHAIRMAN 24
BOARDWALK MANOR ESTATE RESIDENTIAL DESIGN GUIDELINES 25
CONTENTS PAGE Summary 3 Town Planning Controls 4 Treatment of Stand Boundaries 5 Building Design Guidelines 6 Approved Building Materials 7 Paving and Landscaping 9 Prohibited Building Materials 9 Construction Activities 10 General 11 Building Plan Submission 11 Acknowledgement 26
SUMMARY The purpose of these design guidelines is to encourage individual creativity within a unity of materials and finishes ensuring that the overall development harmonises and creates a balanced life style for all residents. It is the aim of the professional team that the life style reflected will represent that of an Italian country village. To achieve this, very strict architectural guidelines have been drawn up as the use of materials, the treatment of boundaries and landscaping is concerned. For the rest it is really up to the architect to contribute to the successful execution of the developers aim and the supervising architects will also assist as far as possible. The construction and improvements must commence within two years from the date of registration of transfer of ownership. In order to reduce inconvenience to neighbours as well as unsightliness, construction must proceed without lengthy interruptions and must be handled in such a way that the end of each phase should be aesthetically acceptable to the Home Owners Association. Once building work has commenced, it must be completed within 12 months. Failing to do so a penalty of R500-00 (Five Hundred Rand) per day will be charged, payable to the HOA The design of the dwelling and the entire stand must show sensitivity to the existing natural features, flora and topography. Permission must be obtained before existing trees are removed and all existing trees are to be shown on the site plan. Surrounding structures must be taken into account in the design process. 27
The newly planted trees on the sidewalks must be kept n and as they are NOT to be removed. The controlling authority for the development is the BOARDWALK MANOR HOME OWNERS ASSOCIATION (BMHOA) who will be responsible for the approval of all plans and buildings on behalf of the seller. It is strongly recommended that the purchaser engage the services of a qualified architect or designer. Further it is advisable that the chosen architect or designer consult with the BMHOA architects prior to designing the proposed house to determine the intent of the design parameters set for the development. No erf may be subdivided or rezoned. Elevation treatment of all buildings must conform to good architecture so not to interfere with or detract from the general appearance of the neighbourhood. TOWN PLANNING CONTROLS Coverage 2.1 Maximum dwellings per erf One (except where indicated otherwise). 2.2 Maximum height 2 storeys (excluding roof and loft rooms) - provided that the first storey be restricted to a maximum of 75% of the ground storey. 2.3 Single storey dwellings - maximum coverage allowed will be 60% 2.4 Double storey dwellings - the ground floor coverage of double storey dwellings shall not exceed 50% of the area of the stand while the upper level shall not exceed 75% of the ground floor (excluding terraces) 2.5 Minimum Size - The houses excluding garages and out- 28
buildings, should not be less than 150 Sq meters 2.6 Group housing stands - The number will be as indicated on the General site plan and specified on the Deed of sale. The minimum sizes will be 120 sq Meters excluding garages. BUILDING LINES 2.7 Single storey dwellings - 5 meters from the street boundaries except covered stoeps, verandahs and porches, that may be 3 meters from the street boundary 2.8 Double storey dwellings - 5 meters from the street boundary for ground floor (see 1.2.1) 7 meters from the street boundary for first floor. 2.9 Side Space - 2.25 meters from each side boundary 3.5meters from each side boundary for first floor. 2.10 Side Open Space - In the case of a side space or back boundary, boarding onto a public space, the building line will also be 5 meters. In the case of more than 2 open boundaries, relaxation may be granted as indicated on the site development plan. 3 TREATMENT OF STAND BOUNDARIES It is appreciated that the diverse nature of single residential neighbourhoods will lead to a variety of treatments to the street boundary. Every effort must be made to avoid the hostile canyon like effect that high solid walls along streets cause in may residential areas. In order to enhance the appearance of sidewalks and street scape of the general estate, the following guidelines will apply: 3.1 Street Boundary 29
The street boundary must be completely open with no boundary wall or fences within the 5 meter restricted area. Application may be made for the relaxation of this ruling, but only under the most extreme cases may it be granted. 3.2 Side Space The side walls between properties may be a maximum of 1.8 meters high over the extent of the boundary except for the last 5 meter adjacent to the street boundary (see item 2.1) 3.3 Park Boundary The park boundaries must also be completely open with no walls or fences within the restricted area. In the case of sand having more than two (2) park or street boundaries, application may be lodged for a relaxation of this rule. 4 BUILDING DESIGN GUIDELINES 4.1 All plans must be prepared by a Registered Architect or a qualified Architectural designer and submitted for approval to the Homeowner Associated Architects (See item 20 Building plan submitted). Only after this approval has been obtained can the plans be submitted to the local authority. It is the owner s responsibility to ensure that all plans are submitted and approved by both authorities prior to construction. 4.2 The privacy of surrounding properties must be considered. As a general rule no windows or balconies on the upper storey should overlook the living space of the adjacent dwelling 4.3 No staff accommodation must be nearer to the street than the main Dwelling unless contained under the same roof or integrated into the overall design 4.4 Staff accommodation and kitchen areas must open onto screened yards. 4.5 Out buildings and additions must match the original building design in style, elevation and material usage. All 30