Rules & Regulations
ADAR GARDENS
HOMEOWNER\'S ASSOCIATION
CONDUCT RULES
INTRODUCTION
- 1. The main objective of the development of Adar Gardens is the provision of a high quality lifestyle for residents, and the intention of these rules and the powers given thereunder to the Trustees of the Homeowners Association is the protection of this lifestyle and the architectural standards of the complex.
- 2. The intent of these conduct rules is to ensure the harmonious and safe community living and to maintain the value of each homeowners investment. This is achieved when all residents use and enjoy their private properties, as well as the public areas of the complex in a considerate manner. Consideration of all residents for each others well being will greatly assist in achieving a peaceful community.
- 3. These rules are established in terms of the Memorandum and Articles of Association and are an extension thereof. They are binding on all homeowners and residents, as is any decision taken by the Trustees in interpreting these rules.
- 4. In the event of disputes between residents arising from annoyance or nuisance, the involved parties should attempt to settle the matter, exercising tolerance and consideration. Where the dispute cannot be resolved the matter should be brought to the attention of the Trustees for facilitation.
- 5. All contraventions of the conduct rules will result in a financial penalty being imposed at the discretion of the Trustees, provided that written notification of such contravention, and sufficient opportunity to correct, has been provided to the homeowner concerned.
- 6. These rules are subject to change from time to time, and if so changed, shall be ratified by a general meeting of the Association.
RULES OF CONDUCT FOR ADAR GARDENS
1. Applicability
1.1 These rules are enforceable in law and must be observed by all owners and residents of the complex, their families, employees and visitors.
- 1.2 Any lease agreement concluded between an owner of a property within the complex and a tenant must include reference to these rules as being binding on the tenant and a copy of the rules must be supplied to the tenant. Failure to inform the tenant will make the owner liable for any penalties that may become applicable. The responsibility for the insertion of reference to these rules into any lease agreement rests exclusively with the owner of the property. Failure to inform the tenant will make the owner liable for any penalties that may become applicable. In the case of conflict between these rules and any lease concluded in respect of any property within the complex, these rules shall take precedence.
1.3 Any owner of a property within the complex shall disclose to a prospective purchaser the existence of these rules and shall include in the sale of property agreement the following clause:"The purchaser verifies by virtue of his signature to this sale agreement that he/she has read and fully understood the rules of the complex and unconditionally agrees to abide by them."
2. Payment for Services
2.1 The owners of the properties in the complex are responsible for ALL amounts due to the Homeowners Association.
2.2 All payments must be made into the Adar Gardens banking account.
2.3 Any amounts outstanding owing to the Homeowners Association shall bear interest at 2.5% above the ruling prime lending rate per annum after a 30 day period.
2.4 No clearance certificate for the sale of property in the complex shall be issued by the Trustees of the Homeowners Association or its managing agents if any amounts are owing to it by the owner.
2.5 Any legal costs incurred by the Homeowners Association in respect of any legal steps taken against an owner for non- payment of any monies owing to the Homeowners Association shall be recoverable from the owner.
3. Building, alterations and additions
3.1 Prior to owners obtaining municipal approval to erect any building or structure upon their stand, they shall submit to the Homeowners Association, through the managing agent, plans and specifications detailing the proposed nature, kind, shape, height and material of the proposed alteration or addition, together with a non-refundable application fee, details of which shall be advised by the managing agent.
3.2 The Homeowners Association, or the managing agent on its behalf, will communicate the approval (or lack thereof) to the owner in writing.
3.3 No owner or resident shall alter or add to the exterior of any property without prior written consent from the Trustees.
3.4 Notwithstanding the approval granted by the Homeowners Association for additions or alterations, it is the duty of the owner to obtain the necessary consent from both his neighbors and of any local authority which may be required.
3.5 Residents are not permitted to leave any type of rubbish or materials, building or otherwise, on the pavements of the complex.
3.6 The owner or resident of a property shall not place or do anything on any part of the property which is aesthetically unacceptable when viewed from an adjoining property or roadway.
3.7 The owner or resident of a property may not place any storage/gardens sheds on the property without the consent of the Trustees.
•4. Maintenance
4.1 Owners are responsible for the proper maintenance of the inside and outside of their properties, so that they are kept in a state of good order and repair.
4.2 Residents shall place household refuse, securely contained in a black municipal approved bin, on the pavement outside their respective properties for collection on the day that refuse is ordinarily collected by the Municipality.
4.3 No littering or dumping of materials is permitted in any part of the complex, nor on any land adjoining property or roadway.
4.4 Residents shall keep their gardens adjoining the roadways of the complex in a neat and tidy condition.
5. Security, Intercoms and Access Control
5.1 The complex perimeter is protected by an electrified fence. Tampering with the system will result in electric shock and activation of an alarm. No responsibility will be borne by the Homeowners Association for any injury caused to any resident as a result of such tampering, and all costs for rectification of damages to the electrified fence will be borne by the person causing such damage.
5.2 The intercom of the complex serves as a communication between the residents in the property and their visitors at the entrance gate. No resident is to grant entry to unknown persons.
5.3 It is the responsibility of every resident to notify visitors of the number of their property in order to avoid unnecessary disturbance to other residents resulting from the incorrect activation of the intercom system.
5.4 Tampering with the intercom system is not allowed and any costs for damages caused to it will be borne by the owner or resident concerned.
5.5 Residents of the complex are required to abide by all security procedures which may be instituted from time to time.
5.6 Residents must not give instructions to security officials that are contrary to those given by the Homeowners Association.
5.7 Each household has remote controls, to operate the opening and closing of the main gates. In the event of loss or damage to the remote controls, the residents will be responsible for the replacement thereof at their own cost.
6. Domestic Staff
6.1 The Trustees shall be informed in writing of the particulars of domestic staff employed by a resident.
6.2 Residents must ensure that their domestic staff do not loiter or cause undue noise on the common property or elsewhere in the complex.
6.3 Residents must instruct their domestic staff to refrain from granting other persons access to the complex unless specifically approved by the resident. If the employee is found to be letting strangers into the complex, the resident will be held responsible.
6.4 Conduct rules must be communicated to all domestic staff by the respective resident.
7. Vehicles
7.1 Speed Limt -The speed limit within the complex is 15 kilometres per hour and must be strictly adhered to. Inappropriate and inconsiderate driving is not permitted, and will be enforced by the imposition of fines
7.2 Parking of Motor Vehicles
7.2.1 All motor vehicles should be parked having due regard to the convenience of other residents. No vehicle should obstruct the flow of traffic.
7.2.2 The parking of trucks (other than for purposes of delivery), caravans, boats, trailers and the like, is not permitted on the roadways or pavements of the complex.
7.2.3 The execution of vehicle repairs of any nature in the common areas of the complex is strictly prohibited and all residents must ensure that their vehicles do not have any leaks which will stain the surfaces within the complex. The resident concerned will bear all costs of the cleaning of such stains and the rectification of such damages regardless of whether such stains or damages were caused willingly or unwillingly.
7.2.4 Garage doors / gates of properties shall be kept closed at all times, except when the garage is in use.
7.2.5 The Homeowners Association may cause to be removed or towed away, at the risk and expense of the owner of the vehicle, any vehicle parked, standing or abandoned in the complex in contravention of these rules.
7.2.6 Parking of vehicles in the complex is subject to the express condition that every vehicle is parked at the owner\'s risk and responsibility and that no liability shall attach to the Homeowners Association or its agents or any of their employees for any loss or damage of whatever nature which the owner, or any person claiming through or under him, may suffer in consequence of the vehicle having been parked in the complex
7.3 Right of Way Pedestrians and cyclists shall at all times, whilst in the complex, have the right of way.
8. Use of Property
8.1 The properties in the complex are intended for the use of habitation only and may not be used for any other purpose. The use of the properties for business activities is not permitted unless authorized in writing by the Trustees of the Homeowners Association.
8.2 The storage of any hazardous material and/or substance on the properties by any resident at any given time is prohibited. The Trustees have the right to remove any hazardous material from the property; this cost shall be for the owners account.
8.3 The properties within the complex may under no circumstances portray any image which in the opinion of the Trustees could in any way harm the overall image of the complex.
8.4 Washing lines and washing should, insofar as is possible, not be placed so as to be visible to neighbours or from the road.
9. Noise
9.1 Entertaining
9.1.1 In the interests of good neighbourliness, it is expected that any entertaining will be contemplated only after prior consultation with neighbours who may be disturbed or in any way negatively affected by such activities.
9.1.2 Excessive and unnecessary noise must be avoided at all times and due consideration must be given to other residents.
9.1.3 Radios, musical instruments, hi-fi\'s, televisions, as well as any other item emitting noise may only be used in such a manner so as not to cause any form of disturbance or inconvenience to any resident of the complex.
9.1.4 The use of lawn mowers and/or weed-eaters is not permitted before 09h00 on Sunday mornings and after 14h00 on Sunday afternoons.
9.2 Hooting is not permitted at the front entrance to the complex.
10. Conduct of Children
Children playing in the grounds of the complex do so entirely at the parents\' risk and no responsibility of whatsoever nature will be borne by the Homeowners Association for any injury or damage caused as a result of such activity.
11. Animals and Pets
11.1 Dogs should not be left to roam in the complex and must be leashed or properly controlled when walking with owners in the complex.
11.2 Owners are to ensure that their dogs do not bark incessantly, disturbing other owners.
11.3 Any pet found unaccompanied within the complex or otherwise in contravention of the rules may be removed by the Homeowners Association. Any costs incurred as a result of such removal shall be borne by the resident owning the pet and the Homeowners Association shall not be liable for any injury to any pet removed or for any other loss incurred by the resident.
11.4 The owner of any pet shall immediately remove any excrement deposited by such pet on the common property of the complex.
12. Gardening Services
Any gardening services utilized by the Homeowners Association are directly responsible to the Trustees and have been instructed not to respond to personal requests by residents. Any such personal requests given by any resident will be deemed to have a cost which will be charged to the resident concerned.
13. General
13.1 Disorderly behaviour and any act which may jeopardize the safety and/or security of any person in the complex or harm in any way the image of the complex, or cause any damage to the complex or private property will not be tolerated.
13.2 The Homeowners Association or its agents shall not be liable for any injury or loss or damage of any description which any owner, resident, any member of their families, their employees, servants, relatives, friends, acquaintances, visitors, invitees or guests may sustain physically or to their property, directly or indirectly, whilst in the complex or by reason of any defect in the complex, its amenities or, individual sections within the complex or for any act done or for any neglect on the part of the Homeowners Association, its employees, servants, agents or contractors.
14. Enforcement of rules
It is the responsibility and in the direct interest of every resident of the complex to ensure that these rules are adhered to by all residents and any deviations and/or violations should be reported in writing to the Trustees of the Homeowners Association.
15. Penalties
- 15.1 If any resident is in breach of any of the provisions of these rules the Trustees shall issue in writing a notification of such breach, giving the resident concerned a two week period to rectify such breach.
- 15.2 If the occupant persists in the aforementioned breach, the Trustees shall issue a final written warning, giving the resident concerned a further two week period to rectify such breach.
- 15.3 If after final written warning, the occupant persists in such breach, a penalty of between R50 and R500, (the amount being at the discretion of the Trustees), shall be imposed on the resident concerned, and such amount will be debited to their levy account.
- 15.4 The imposition of any penalty shall be without prejudice to any other rights available to the Homeowners Association in law.
- 15.5 If the Homeowners Association and/or Trustees instructs an attorney in connection with or arising out of any infringement of these rules and/or penalty charged, the owner shall be liable to reimburse the Homeowners Association for all legal costs incurred on an "attorney - client" basis.
16. Notices
Every owner of a property undertakes to notify the Homeowners Association or the managing agent of their postal and physical addresses as well as at least one contact telephone number when requested to do so. They further undertake to notify the Homeowners Association immediately, and in writing, when a change of the above particulars occur.
These rules were approved on ................................................... 2004
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CHAIRMAN OF THE ASSOCIATION
