Pennington Park Homeowners Association

Pennington Park Homeowners Association REG. NO.1987/000530/08 (Non-Profit Corporation) Pennington Park Marian Avenue Pennington 4184 Date: Your ref.: Our ref.: Enquiries: 20 JULY 2014 K.A. Pearson 033 3308357 aliveoffice@telkomsa.net RULES FOR THE CONTROL AND MANAGEMENT OF PENNINGTON PARK 1. DEFINITIONS 1.1. A MEMBER shall mean a Unit Owner whose membership to the Pennington Park Homeowners Association is a requisite as a Unit Owner. 1.2. UNITS shall mean the individual sub-divisions owned by the Members of the Association in the development known as Pennington Park 1.3. COMMON PROPERTY shall mean all other areas within Pennington Park other than UNITS 1.4. The ASSOCIATION shall mean the Pennington Park Homeowners Association abbreviated as PPHA 1.5. The ARTICLES SHALL MEAN THE Articles of Association of the Pennington Park Homeowners Association (Association incorporated under section 21) Reg No 87 00530/08 2. USAGE 2.1. Members shall ensure that they, those occupying the their units, and any guests shall, at all times 2.1.1. Use the facilities of Pennington Park in a diligent and responsible manner and with due and proper consideration for other residents and users 2.1.2. Refrain from carrying out any act or disturbance which may cause a nuisance or inconvenience for other residents and users. 2.2. A Member shall be liable to pay the Association for the cost of repair for any damage caused to any Common Property or any other Unit by the Member, or any other person occupying the Member s Unit. 2.3. Members shall be responsible for the behaviour and compliance with all the Rules and security arrangements of the Park by all their invitees, guests, family members and tenants who gain access to the Park under their authority. Default by any such person shall be construed as a default by the responsible Member. DIRECTORS: Mr K B Hobson (Chairman) Mr P D Stafford (Vice Chairman) Mr B Bowley-Smith Mr A E Preston Mr R W J Todd

2.4. No persons may be accommodated in the Park in caravans or tents or in any other manner outside of the units and servants quarters. 3. PETS 3.1. A Member shall ensure that any pet or pets kept on his Unit shall not, in any way, cause a nuisance or inconvenience to other users of Pennington Park. 3.2. The Directors of the Association shall have the right to summarily require any pet to be removed permanently from Pennington Park when this rule is not observed. 3.3. In accordance with the Umdoni Municipal Bye Laws, only 2 (two) dogs are permitted on any one Unit 3.4. Short term tenants (those renting for less than 6 months) are not permitted to bring animals into the Park. Long term tenants (those renting for 6 months or more) may, with the written consent of the directors and subject to any conditions they may impose, be permitted to bring animals into the Park. 3.5. Members are encouraged to exercise the social and responsible approach and to clean areas soiled by their dogs. 3.6. Visitors may not bring animals into the Park. 4. EMPLOYMENT OF CLEANERS The Directors of the Association are especially authorised to employ cleaners and/or other agents to keep all portions of the common property in a proper state of cleanliness and repair. The costs of such shall be an administrative expense payable by the Members of the Association. 5. USE OF COMMON GROUND 5.1. The Directors shall have the power to make the Rules covering the use of the tennis court, swimming pool, club house and any other amenity. 5.2. In the event of any person failing to observe these Rules the Directors of the Association may, in addition to any other action that they may deem necessary to take, restrict or exclude such person s use of, or access to, the amenities of the common property. 6. LEVIES AND SERVICE PAYMENTS 6.1. All levies and services (electricity, water and extra refuse removal) shall be paid by Members on or before the last day of each month in a manner as designated by the Directors. 6.2. In the event that payment is not received by the 7 th of the following month that the electricity is isolated. The cost of reconnection of these services will be in accordance with the schedule.

6.3. Communication of the required settlement method will be communicated in writing which encompasses normal postage, fax and e-mail communication alternatives. 6.4. Members have the responsibility to provide the Association with their contact details and any changes thereto. 6.5. A late payment fee and interest amount will accrue to all accounts that have not been paid in full into the Association account by the end of the last day of each month. 7. FENCES To maintain the open appearances of Pennington Park members wishing to erect fences on their property must ensure that the style, type and position is strictly in accordance with guidelines provided by the directors. No fencing may be installed until the written approval of the directors has been obtained. 8. EXTERIOR APPEARANCE OF DWELLINGS/GARDENS 8.1. The exterior of every dwelling together with its fences, screens, washing lines, driveways, gardens, etc must at all times be maintained by the Member in a clean, tidy, neat and befittingly repaired, painted and properly kept condition. 8.2. Where, in the opinion of the Directors, the condition of the dwelling is not up to the required standards of the Park, the Directors will give written notice to the Member to carry out the necessary improvements within a specified time. 8.3. All gardens are to be kept tidy, ensuring that trees are appropriately trimmed and dead branches and fronds removed. Should the owner not comply within three weeks of the written request from the PPHA then the PPHA may proceed in addressing the issue and any costs incurred will be debited to the owner on his next invoice. 8.4. Should the Member fail to carry out such work as has been requested the Member shall be liable for payment of the fines as set out in the Schedule hereto. In addition, the Association shall be entitled to carry out that work and to recover the reasonable cost thereof from the member, which amount shall be deemed to be part of the levy due by the Member. 8.5. Members are responsible for the repair and replacement of all items after (a) the circuit breaker associated with the supply of electricity to their Unit s electricity meter and (b) the valve associated with the supply of water to their Unit s water meter.

9. PENNINGTON PARK ASSOCIATION EMPLOYEES Members may not engage employees of the Pennington Park Homeowners Association for tasks and duties during the employee s normal hours of duty. 10. VEHICLES IN THE PARK 10.1. The speed limit for vehicles within Pennington Park is 15 kph. 10.2. Vehicles must be parked within the boundaries of their erf or at the designated areas adjacent to the clubhouse and Rose Park. Vehicles must not be parked on access roads. 10.3. No heavy vehicle with a mass in excess of 3 ton is permitted in Pennington Park 11. SALE OF UNITS 11.1 Any Member selling their Unit must advise the Purchaser that as a Unit Owner the potential purchaser will automatically become a Member of the Association and will be required to abide by the Rules of the Association. 11.2. Owners are required to provide the potential purchaser with a Complete copy of the Rules applicable to all Members of the Association. 11.3. A written clearance certificate from the Association is necessary to facilitate a Unit sale. Such clearance certificate will only be issued when all outstanding debt associated with the Unit has been paid to the PPHA, that there is compliance in terms of clause 11.4, and a suitable guarantee for the payment, in terms of 11.5 below, of the sellers contribution to the Levy Stabilisation Fund has been received. 11.4. Within 14 days of finalising the sale of their Unit Members are required to inform the Pennington Park Homeowners Association of the name and address and contact details of the purchaser. 11.5. Against registration of transfer of the Unit to the purchaser, the Seller shall make payment to the Association of an amount of R5, 000.00 (five thousand rand) for the Associations Levy Stabilisation Fund. 12. CLUB HOUSE FACILITIES/NO NUISANCE OR DISTURBANCE 12.1 Children under the age of 16 are permitted to use facilities in the Clubhouse only under adult supervision. 12.2 The use of the Clubhouse, swimming pool, tennis court, Rose Park and other common property must be done in such a way so as not to create an unreasonable nuisance or disturbance to those residents living in close proximity.

13. SWIMMING POOL 13.1. Animals are not allowed into the fenced swimming pool area 13.2. Children under the age of 8 and non-swimmers are only permitted to use the swimming pool under adult supervision. 13.3. No Member, other than those authorised so to do may tamper with the pool filter or cleaning mechanisms. 13.4. All persons using the pool do so entirely at their own risk. 14. VANDALISM /NUISANCE OR DISTURBANCE 14.1. Anybody guilty of vandalising service provision facilities will be liable to a fine. 14.2. Anybody guilty of vandalism or causing a nuisance or disturbance on common property may be fined and/or be banned from the use of the facilities on the common property for a period to be determined by the Directors. 15. REFUSE REMOVAL 15.1. Each Unit Owner shall ensure that his Unit has, at all times, a suitable refuse bin for the collection of kitchen and household refuse. All refuse shall be placed in such refuse bin in black plastic liner bags. On the day that refuse is to be collected by the Town Board the refuse must be placed, in the black plastic liner bags, in front of the unit near the road for collection. 15.2. Small amounts of garden refuse may be placed on the owners property, next to the road, for collection by Garden Services on Thursdays. 15.3. Excess garden refuse must be removed from the park within one week. In the event of a Unit owner wishing a large amount of garden refuse to be removed by Garden Services, such refuse may be piled neatly on the owner s property, whereupon Garden Services will remove same but at the expense of the Unit owner concerned. 16. BUILDING 16.1. No Member may proceed with extensions or alterations to any building without the authority of the Association first being obtained in writing. 16.2. A refundable deposit as specified in the schedule is to be paid prior to any contractor being engaged on an owner s site. This money to be used, if necessary, to make good the job site or adjacent sites. 16.3. No contractor will be given a remote, the gate code or a pedestrian

key. Contractors must collect a gate remote for which he will pay a refundable deposit as identified in the attached schedule 16.4. Contractors will supply a portable toilet, on site, for the use of their staff. 16.5. Employees of contractors are not allowed to leave their place of work, or walk about the Park. 16.6. Unit owners must divulge the duration that the contractor has indicated for the completion of the job. Contractors exceeding this time will be liable to a penalty (See Schedule), payable to the association, or every day in excess of the declared contract duration. 16.7. Unit owners must ensure that the Contractor is aware of the above rules and those of the Association. 17. SECURITY 17.1. Members and all those occupying Units are required to be generally aware of the security in the Park. Particular care is to be taken that the main gate is closed after entering or leaving and special care must be exercised with items such as pedestrian gate keys and remote control devices 17.2. Domestic employees and workmen coming into the Park are on no account to be given pedestrian keys or remote control devices. 17.3. Homeowners are requested to take particular note of any person who is careless in this regard and to report such incidents 17.4. Domestic employees of Members are permitted to walk from the Gate House to their residence of employment. 18. RENTING 18.1. Units within the Park may be let but only through Letting Agents appointed by the directors. 18.2. Members who arrange rental of their Unit directly will be obliged advice and negotiate the rental through the Letting Agent appointed by the Directors. 18.3. All Units shall have a copy of the Park Rules on display for the tenants 18.4. The agent will sign all tenants in and ensure that they are aware of the Rules. The Agent will inform the Park Manager of who is renting, the Unit number, the number of occupants and the duration of their stay, 18.5. The number of tenants occupying a Unit will be restricted to 2 (two) per bedroom. 18.6. Members will pay the Association a daily fee (See Schedule) to permit the tenant s use of the Park facilities.

18.7. Short term tenants (those renting for less than 6 months) are not permitted to bring animals into the Park. Long term tenants (those renting for 6 months or more) may, with the written consent of the directors and subject to any conditions they may impose, be permitted to bring animals into the Park. 18.8. Use of the Park facilities is restricted to tenants only. Tenant s visitors may not utilise the Park facilities 18.9. Members will be liable to a fine (see schedule) for every occasion their Tenants cause a disturbance or inconvenience to other persons residing in the Park, or cause damage to Common Property. 19. FAILURE TO OBEY THESE RULES/FINES/DEBTS/LEGAL COSTS 19.1. In the event of any person failing to observe these Rules, the Directors of the Association may, in addition to any other action that they deem necessary to take, apply penalties in accordance with the Schedule hereto. The actions to be taken and the penalties to be imposed for breaches of these Rules shall be entirely at the discretion of the Directors who shall take due regard of the nature, circumstances and severity of each misdemeanour, breach or non-compliance and who may reduce or waive the penalty. 19.2. The schedule can be revised by the Directors who will then be required advise all Members of such a revision. 19.3. Any contravention of the Rules by any person who gains access to the Park under the authorisation of a Member shall be deemed to be a contravention by the Member. 19.4. All debts, of whatsoever nature including but not limited to interest, fines, penalties, collection fees and charges payable in terms of the Articles and/or these Rules due by a Member to the Association shall be included in the levy account and deemed to be part of the levy due by the Member. 19.5. In the event that the Directors are required to instruct Attorneys to recover any debt due by a Member to the Association or to take any action against a Member, all legal costs, including collection commission, shall be paid by the Member on an Attorney and own Client basis. 20. SERVICES REMUNERATION 20.1. All personnel engaged by the PPHA will be governed by the ruling conditions of employment, currently the Basic Conditions of Employment Act 75 of 1997. 20.2. Directors are not permitted to be employed by the PPHA in a manner would require remuneration for such a post? 20.3. All persons who provide a service to the PPHA may request

reimbursement for proven costs incurred in providing such a service. 21. AMENDMENTS TO THESE RULES These rules may be added to, amended or replaced (in whole or part) by 20.1. A decision of the Board of Directors of the Pennington Park Homeowners Association or 20.2. A resolution of the Members passed at a General Meeting of the Association. 22. LIABILITY The use of all facilities, amenities and the security gates of Pennington Park is entirely at the risk of the person or persons utilising same. The Association does not accept any liability for any damage or injury caused to any person or property as a result of any act of omission on the part of any Director, Member of the Association, guest, and persons occupying Units or any employee. The DIRECTORS PENNINGTON PARK HOMEOWNERS ASSOCIATION JULY 2014