OAKHAMPTON

Rules V4 Feb 2018

BRENTWOOD PARK HOMEOWNERS ASSOCIATION

of the scheme known as:

OAKHAMPTON
c/o 2007/004845/08

INDEX

General……………………………………………….……… page 2

A. Conduct rules……………………………………………page 3

B. Architectural standards……………………………...…page 5

C. Environmental management…………………………...page 6

D. Good Neighbourliness………………………………..…page 7

E. Security…………………………..…………………...…page 8

F. Visitors/Contractors/Employees…………………….....page 9

G. Pets………………………………………………….......page 10

H. Letting and reselling of property……………………..page 11

I. Administration……………………………….………..page 13

J. Advertising…………………………………….….……page 14

K. Fines………………………………………………..…...page 15

L. Resolution of disputes and collection of arrears by means of

arbitration………………………………………...….page 16

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 OAKHAMPTON
Rules V4 Feb 2018

GENERAL

1. The objective of OAKHAMPTON HOA is the provision of a secure quality

lifestyle for residents, and the purpose of these rules is to protect and promote this
lifestyle.

2. The rules have been established in terms of the Memorandum and Articles of
Association of the Home Owners Association (HOA). They are binding upon all
owners of the scheme, whether in occupation or not.

3. The registered owners of the properties are responsible for ensuring that members of
their families, tenants, visitors, friends, guests and all their employees and
contractors abide by these rules, at all times.

4. Happy and harmonious community living is achieved when residents use and enjoy
their private property, as well as the public areas of the scheme in such a way that it
does not cause any nuisance or trauma or disturbs other residents.

5. In respect of the interpretation of these rules, the decision of the Trustees/Directors is

final and binding.

6. These rules are subject to change from time to time by the Trustees/Directors or the
Members of the HOA at a general meeting and the owners agree to comply herewith.
Rules will be re-evaluated after a 1 to 2 year period.

7. Members may propose changes for consideration by the Trustees by submitting such
proposals in writing together with a motivation to a General Meeting of Members.
Any such proposals must be submitted 5 days prior to the meeting.

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A) CONDUCT RULES

1. The speed limit is restricted to 20 km per hour. Drivers must consider pedestrians
and children that may make use of the roads. Reckless driving will not be tolerated
and fines will be imposed.

2. Units occupied by tenants will be subject to the same penalties as for resident owners
and such penalties will be for the owners account.

3. Parents are responsible for ensuring that their children use streets in a safe and
cautious manner. Children playing on the common property must do so under
supervision of their childminders. Parents of children causing any damage to the
common property or private property of other residents will be held responsible for
the cost of replacement or repair of such damage. Children are not permitted to
climb/play on any walls, or play at the entrance of the complex. The “no children”
marked off area at the gate is to be strictly adhered to.

4. Caravans, trailers, boats Wendy houses, tool sheds, equipment, tools, broken down
vehicles, engines and vehicle parts, as well as accommodation for pets must be
screened from neighbouring properties as far as possible. Any such type of screening
that might be in of view of other people may not be erected prior to having first
obtained written approval from the Trustees.

5. Under no circumstances may sheds, caravans, tents, tool sheds, garages and Wendy
houses be used as living quarters.

6. Residents must maintain wooden structures such as pergolas or Wendy houses, and
be treated regularly against weather deterioration. If these are not properly
maintained, permission will be withdrawn immediately and structures will have to be
removed at the owner’s expense.

7. Building material may not be left in gardens for longer than is absolutely necessary
and may not under any circumstances be dumped on the sidewalks. A reasonable
time period will be allowed for completion of any building/construction.

8. Every owner is responsible for the maintenance of his/her property in a neat and tidy
condition. The standard brown colour paint is Dune 4 and 1 shade lighter or darker
will be accepted.

9. Gardens and garages in view must be kept clean and neat at all times.

10. All gardens must be kept neat and tidy at all times, failing which the HOA shall have
the right to have the garden cleaned at the cost of the owner. Such cost will be
debited to the levy account and terms and conditions applicable to levy payments
will apply. Residents who wish to construct or maintain their own front gardens on
common property may do so after receiving approval from the Trustees/Directors.
Please note that if this garden is not maintained a fine will be levied and the
maintenance will be reverted to the HOA approved service provider.

11. No form of closure of gardens may be used other than that originally installed by the
developer. Palisades must be painted in one of the three colours i.e. Antique Green,
Black or PWD Brown.

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12. No vehicle may be parked or abandoned in the road in such a way as to block any
other traffic. The Trustees/Directors may have a vehicle that is parked in an
unauthorised area towed away at the cost and risk of the owner of such vehicle. No
parking on common property – vehicles will be able to park on empty stands, unit
pavements/front lawns. Use of a neighbour’s driveway and front lawn must gain
consent from the aforementioned neighbour prior to use.

13. No owner or tenant may in any way interfere with the duties of the employees of the
HOA. Nobody may threaten, abuse (verbally or physically) or act in any
unconstitutional manner towards any of these employees. Complaints must be
reported to any one of the Trustees/Directors in writing.

14. Should the owner fail to meet any of his obligations under the rules or if considered
appropriate, the Trustees/Directors are entitled to execute such obligations and claim
the costs thereof from the owner and may impose fines and/or suspend the member
for repeated violations.

15. Complaints and suggestions from members of the HOA must be in writing, be
addressed to the chairman and be handed to any Trustees/Director or the managing
agent. Complaints will at all times be treated as highly confidential and the
Trustees/Directors will decide on the applicable action.

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B) ARCHITECTURAL STANDARDS

1. All building plans, with particular reference to any additions and alterations to
existing structures, must be compatible and in line with the architecturally built form
and materials used in the original development. All building plans relating to external
works must be referred to the Trustees/Directors for approval prior to submission for
local authority approval. This is a legal requirement and must be adhered to.

2. Roofing material for patios, carports and outbuildings must be approved by the
Trustees/Directors. No structure may be erected that will project above any boundary
wall without prior approval from the Trustees and the immediate neighbour sharing
the common boundary wall, in writing. Such approval is valid for a period of 3
months. Should a owner not build within that period, the approval will become
invalid and the owner will have to reapply should he still wish to continue with the
build.

3. All material/repainting of units on the outside will at all times be done to the
uniformity of the complex.

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C) ENVIRONMENTAL MANAGEMENT

1. All household refuse must be placed into sealed municipality approved bags. These
bags must be place into the unit’s wheelie bin. The refuse may be discarded by
leaving the wheelie bin outside the unit on Fridays, when the garden service will
remove the bags, or residents may place their bags in the skips in the room at the gate
where it will be removed by the municipality on Mondays. No refuse may be
dumped or discarded in the road, on the sidewalks or the outside pavement.

2. No large boxes, furniture, or garden refuse etc. to be placed in the refuse area.
Residents must arrange for the removal thereof from the complex at his/her own
expense, as the council does not collect such items on their normal route and
residents must make necessary arrangements for this refuse to be dumped at the local
municipal dumping grounds.
Closest site is: Highveld Waste Transfer Station, Cnr Highveld & Albatross Monday
- Sunday 07:00 - 17:00

3. Pavements of common area will be cleaned and kept in good condition by the
appointed garden services. Residents who wish to do their own gardening in the
common area are to obtain permission from the Trustees/Directors and are expected
to maintain a high standard of garden and pavement maintenance.

4. The landscaping of the pavements may not be altered by the removal/planting of

trees, removal of sidewalk lawn or planting of other forms of vegetation. Any such
alterations must be motivated to the Trustees/Directors, who will not unreasonably
withhold approval. Any vegetation/trees planted on pavements are the responsibility
of the respective owners. Plants and trees that pose a danger of lifting paving or
cracking walls either because of their root systems or the spreading their branches are
forbidden to be planted on pavements and in individual gardens. Cost of repairing
damage caused by the planting of such trees or plants will be claimed from the
respective owners.

5. Disposal of swimming pool water must be in accordance with Council policy. No

such water may at any time be drained onto the common property.

6. The use of fireworks is strictly prohibited within the boundaries of the complex.
Council rules will be enforced.

7. Storage of any dangerous or flammable material or fluids is not permitted.

8. No business or trade, which may cause a disturbance in the complex, may be

undertaken inside the boundaries of the scheme. i.e. Shabeens etc.

9. The sale of illegal substances within the township/complex will not be tolerated. If
caught, authorities will be notified and a fine will be issued.

10. All constructions sites must be obscured with either 90 % netting or with steel plates
and locked down so nobody can access the site without the builder.

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D) GOOD NEIGHBOURLINESS

1. Noise generated by activities of a domestic nature e.g. partying, volume of

music/TV’s/ electronic instruments, should be to a level so as to not cause a
disturbance to residents in adjoining properties.
Relative silence between 22h00 and 07h00 is to be maintained. Extension to these
hours must be obtained from your surrounding neighbours for special occasions in
writing.

2. Ensure that your dogs are controlled and do not bark continuously, especially when
you are away from your property. It is the owner’s responsibility to ensure that all
dog excrement is picked up, especially when walking them in the complex, see G
point 3 under Pets.

3. No business activity or hobby, which would cause irritation or disturbance to fellow

residents, may be conducted. Strictly no auctions or jumble sales.

4. Mechanical maintenance and the use of power-saws, lawn mowers, and the likes
must not cause a disturbance to the neighbours, within reason. Servicing of motor
vehicles is not allowed, and if need be, must be kept to a minimum period of time.

5. Oil leaks on paving must immediately be cleaned up by the owner/lessee. Damaged

paving will be repaired/cleaned at the expense of the transgressor.

6. Owners with vehicles that have noisy exhaust systems or motorbikes should be
considerate to all members in the HOA, especially during times of rest. Noisy
vehicles will not be tolerated if they cause a nuisance to other members.

7. Washing should only be hung on lines screened from the street if possible. Hanging
washing overs walls is not allowed.

8. Any ongoing complaints from neighbours or if any of the above rules are
contravened, will result in a fine.

9. All the Trustees/Directors are registered as such under the Sectional Titles Act,
impersonating one could result in legal action.

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E) SECURITY

It is in the interest of all residents to make security their issue for the benefit of
everybody residing in the complex.

1. The security at OAKHAMPTON may not be compromised by any action taken by a

resident or his/her visitors.

2. Residents must ensure that the contractors in his/her employment adhere specifically
to the security arrangements.

3. Security is an attitude, be aware that you need to enforce and apply security to make
it work.

4. Always insure that the gate is closed before driving away from it, when leaving or
after entering the property. It is the responsibility of the owner to check that gate
closes.

5. It is in your best interest to advise your neighbours when you are going away on
holiday so that any suspicious noises, etc. can be reported to security in your
absence.

6. If you do not have a remote you may not enter the property before phoning a resident
to give you access. No resident may at any time threaten/demand that the guards give
you access. Their instructions are not to do so and a fine will be levied against the
guilty party.

7. Access codes for intercom system – resident’s mobile number will be deregistered if
all levies are not paid up to date. Once all levies have been paid in full, resident’s
mobile number will be registered once again on the system.

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F) VISITORS / CONTRACTORS / EMPLOYEES

1. The occupiers of any property within OAKHAMPTON are liable for the conduct of
their visitors, contractors and employees, and must ensure that such persons adhere
to the HOA rules. HOOTING IS STRICTLY PROHIBITED.
Should a dispute arise between a contractor and his employees or a resident, the
dispute must take place outside of Oakhampton premises. Any argument or
disruptive behaviour will not be tolerated and after two warnings the contractor will
be banned from the premises and only allowed back by the Chairman once the
dispute is resolved to his satisfaction.

2. All domestic servants must carry their identity documents.

The employer must supply the security with an identity photo and identity number,
the name and surname of the employee and contact number of both employer and
employee.

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G) PETS

The right of residents to keep on their pets is respected. Pet owners are encouraged to
ensure that their pets do not become a nuisance to other members.

1. The local Authority by-laws relating to pets will be strictly enforced.

2. Dogs to be held on a leash at all times when on the common property.

3. Should any excrement be deposited in a public area, the immediate removal thereof
shall be the sole responsibility of the owner of the pet. If the excrement is not
removed and proof is provided, then the resident responsible will be liable for a fine.
Likewise within the boundaries of your property to eliminate odours and flies which
could lead to unhygienic conditions.

4. The HOA reserves the right to force the owner to remove his pet should it become a
nuisance within the complex, or poses a danger to the community. The help of the
SPCA will be brought in, and their decision is final.

5. The number of pets per unit is limited to two dogs or two cats, or a combination
thereof, to a maximum of two pets per unit. Please bear in mind the size of your
property when acquiring pets and this will contribute towards the decision from the
Trustees/Directors and the SPCA as to be more lenient towards extra pets.
Permission to keep more than 2 pets needs to be obtained from the Trustees/Directors
in writing. However, if the Trustees/Directors do find that these pets are a nuisance
to other people, the SPCA will have to address the situation.

6. All pets shall be dressed with a collar tag, clearly displaying the particular owner’s
contact details and the name of the pet and/or have Identipet.

7. Breeding of pets is strictly prohibited.

8. All pets to be neutered/spayed and a copy of the veterinary certificate confirming this
to be handed/emailed to the Trustees/Directors at Oakhampton.trustees@gmail.com.

9. Keeping of dangerous/vicious dogs are strictly prohibited.

10. CMS Security to be advised of any dead animals, as they provide a "Dog Poisoning
Unit" service to us.

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H) LETTING AND RE-SELLING OF PROPERTY

1. Should any owner let his property, he shall in writing advice the HOA in advance of
the date of occupation, name of the lessee and the period of such lease. The owner
shall inform the lessee of the HOA rules and bind the lessee in a written agreement
of lease to such rules. New tenants/owners to fill in the contact list and receive a
copy of the HOA Rules & Regulations, obtainable from the Trustees/Directors or on
line at: http://oakhampton.weebly.com/

2. Should an owner want to sell or lease his property, we encourage the appointment of
an accredited Estate Agent to manage the sale or the lease.

3. The accredited agent or the owner must ensure that the buyer/lessee is informed
about and receives a copy of the HOA rules and articles of association with
applicable annexure and any other administrative regulations applicable at any time.

4. A clearance certificate must be obtained from the HOA prior to any transfer. The
managing agent will issue such certificate after the buyer has undertaken in writing
that he will abide by the rules of the Association.

5. Any agreement entered into by the tenant and an owner that is conflict with the rules
of OAKHAMPTON HOA, will not be binding.

6. The seller or lessor of the property in the estate shall ensure that the sale/lease
agreement contains the following clauses:

(i) SALES

1. HOMEOWNERS ASSOCIATION

The purchaser acknowledges that he is required upon registration of the property into
his name, to become a member of OAKHAMPTON Homeowners Association in the
scheme known as OAKHAMPTON and agrees to do so subject to the Memorandum
and Articles of Association of the scheme.

2. CONDITION OF TITLE

The seller or lessor shall be entitled to procure that, in addition to all the conditions
of title be inserted in the Deed of Transfer, in terms of which the purchase takes to
the property: “Every owner of the erf, or any subdivision thereof, or any interest
therein, or any unit thereon, shall become and shall remain a Member of the
Homeowners Association and be subject to its constitution, until he ceases to be an
owner as aforesaid. Neither the erf, nor any subdivision thereof, or any interest
therein, nor any unit thereon, shall be transferred to any person who has not bound
himself to the satisfaction of such Association to become a member of the
Homeowners Association”.

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“The owner of the erf, or any subdivision thereof, or any interest therein, or any unit
thereon, shall not be entitled to transfer the erf or any subdivision thereof, or interest
therein, or any unit thereon, without a Clearance Certificate from the Homeowners
Association that the provisions of the Articles of the Association of the Homeowners
Association have been complied with”.

The term “Homeowners Association” in the aforesaid conditions of the Title Deed
shall mean the Homeowners Association of the scheme known as OAKHAMPTON.
In the event of the Registrar of deeds requiring the amendment of such conditions, in
any manner in order to affect registration of the same, the purchaser of same hereby
agrees to such amendment.

The seller must personally insure that the buyer is informed about and receive a copy
of the HOA rules, together with the necessary annexure and any other administrative
regulations applicable at the time.

(ii) LEASE

1. The purchaser acknowledges upon occupation of this premises, he and his family, his
visitors and servants shall adhere to the rules and regulations as contained in this
document.

2. Agents may only operate on a “By Appointment” basis, and must personally
accompany a prospective buyer or lessee and are not allowed to erect any “For Sale”
or “To Let” signage boards, unless approved by Trustees in writing.

3. The lessor must personally ensure that the lessee receives a copy of the HOA rules,
together with the necessary annexure and any other administrative regulations
applicable at the time and binds his lessee to the rules and regulations of the HOA.

NOTE: ACCREDITATION OF ESTATE AGENTS

An Estate agent is accredited after signing an agreement with the HOA, that such
agent will abide by the stipulated procedures applicable to the sale and/or lease of the
property in the Estate, and after having been inducted with respect to the concepts,
rules and conditions under which a buyer and/or lessee purchases and/or leases the
property in OAKHAMPTON.

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I) ADMINISTRATION

1. All levies are due and payable in advance on the 1 st day of each and every month.
Owner is to ensure that all outstanding levies/fines are paid in full prior to any sale /
transfer. If no statement received by the 22nd of every month, please contact one of
the Trustees/Directors to make further arrangements.

2. Interest will be raised on all accounts in arrears on the 7 th of the month. An

administration fee of R200 will also apply in the event of late payment. The Trustees
may review the % interest rate and administration fee from time to time.

3. Further penalties, to be determined from time to time, will be imposed on any

accounts unpaid after 30 days.

4. The Trustees have the right to fine transgressors where any of the rules as stipulated
by the HOA have been broken. Such fines will form part of the levy and be subject to
the same penalties as applicable to levy payments.

5. Repairs to any damage to common property will be at the owner’s expense, unless it
can be confirmed that the damage occurred due to extenuating circumstances. This
will be determined in consultation with the Trustees/Directors.

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J) ADVERTISING

1. No political and or religious rallies are allowed on the premises of Oakhampton. Nor
may any posters for such rallies be displayed anywhere near Oakhampton. Only one
sign 400mm x 400mm may be displayed by the facade of the unit to advertise
Security Company.

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K) FINES

The rate of penalties will be determined by the members at every Annual General
Meeting – No Fines can exceed an amount of R 5 000.

1st Warning: Verbal or email

2nd Warning: R 300

3rd Warning: R 500

All other warnings will escalate by an additional amount every time. All fines will be
added on to Levy statements for payment.

Should a person contravene two separate rules within a given month, warnings will be
issued separately for each contravention. However if a third contravention occurs a fine
will be levied immediately.

The association wishes to ensure the successful administration, control and

management of the scheme and rely on the co-operation of all the members.

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L) RESOLUTION OF DISPUTES AND COLLECTION OF ARREARS BY

MEANS OF ARBITRATION.

The following process will be put in place to ensure speedy resolution for:-
 the non payment of levies in cases of defended matters and,
 the enforcement of all the rules governing the Home Owners Association.

ARBITRATION PROCESS

Determination of Disputes by Arbitration

1. Any dispute between the Home Owners Association and an owner or between
owners arising out of or in connection with or related to the Memorandum of Articles
of Association, these rules or the conduct rules, and or in respect of non payment of
levies, save where an interdict or any form of urgent or other relief may be required
or obtained from a Court having jurisdiction, shall be determined in terms of these
rules.

2. If such a dispute or complaint arises, the aggrieved party shall notify the other
affected party or parties in writing and copies of such notification shall be served on
the trustees and the managing agents, if any, and should the dispute or complaint not
be resolved within 14 days of such notice, either of the parties may demand that the
dispute or complaint be referred to arbitration: Provided that, if an owner declares a
dispute with the Home Owners Association, it shall be sufficient notice if notification
is served on the trustees and managing agents, if any, and such owner will not be
required to serve notice on each of the other owners.

3. Having regard to the nature and complexity of the dispute or complaint and to the
costs which may be involved in the adjudication thereof, the parties appoint an
arbitrator who shall be an independent and suitably experienced and qualified person
as may be agreed upon between the parties to the dispute.

4. If the parties cannot agree as to the arbitrator to be appointed in terms of subrule (3)
within 3 days after the arbitration has been demanded, the registrar of deeds for the
deeds registry in which the scheme is registered of his or her nominee shall upon
written application and subject to payment of the prescribed fee, in writing appoint
an arbitrator within 7 days after he or she has been required to make the appointment
so that the arbitration can be held and concluded without delay.

5. Arbitration shall be held informally or otherwise as the arbitrator may determine. The
arbitrator shall have the right to demand that the party demanding the arbitration
furnish the arbitrator with security for payment of the costs of the arbitration in such
amount and form as the arbitrator may determine, failing which the arbitration shall
not be proceeded with. Where possible, the arbitration shall be concluded within 21
days after the matter has been referred to arbitration in terms of subrule (2) or
security for costs has been furnished.

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6. The arbitrator shall make his or her award within 7 days from the date of the
completion of the arbitration and shall, in making his or her award, have regard to the
principles laid down in terms of these rules. The arbitrator may determine that the
costs of the arbitration be paid by any one of the disputing parties or any of them
jointly or in such shares as he or she may determine, and as he or she, in his or her
discretion, may deem appropriate having regard to the outcome of the arbitration.

7. The decision of the arbitrator shall be final and binding and may be made an order of
the High Court upon application of any party to or affected by the arbitration.

8. Notwithstanding that the Arbitration Act, No. 42 of 1965, makes no provision for
joinder of parties to an arbitration without their consent thereto, should a dispute
arise between the Home Owners Association and more than one owner or between a
number of owners arising out of the same or substantially the same cause of action,
or where substantially the same order would be sought against all the parties against
whom the dispute has been declared, such parties shall be automatically joined in the
arbitration by notice thereof in the original notice of dispute given in terms of
sub‐rule (2).

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