HELDERBERG MUNICIPALITY

1
CITY OF CAPE TOWN
HELDERBERG ADMINISTRATION
CONSTITUTION OF THE
VREDENZICHT ESTATE HOME
OWNERS’ ASSOCIATION
The contents of this document is minimum requirements for approval of the
Constitution of an owners’ association as is required in terms of the Land Use
Planning Ordinance, 1985 (No 15 of 1985) or any other legislation which might
substitute it. Helderberg Municipality however reserves the right to withhold its
consent where in its opinion any provision hereof is impractical, unreasonable or
contradictory.
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VREDENZICHT ESTATE
HOME OWNERS’ ASSOCIATION
CERTIFICATE OF APPROVAL
THIS IS TO CERTIFY THAT THE CONSTITUTION OF VREDENZICHT ESTATE
HOME OWNERS’ ASSOCIATION WAS THIS DAY APPROVED AS IS REQUIRED IN
TERMS OF SECTION 29 (2)(b)(iii) OR SECTION 42 OF THE LAND USE PLANNING
ORDINANCE, 1985 (NO 15 OF 1985) OR SECTION 29 (2)(b)(iii) OF THE WESTERN
CAPE PLANNING AND DEVELOPMENT ACT, 1999 (ACT 7 OF 1999) WHICHEVER
IS APPLICABLE.
SIGNED AT SOMERSET WEST THIS ............. DAY OF ......................................
................................................
DIRECTOR: URBAN PLANNING, HOUSING AND
DEVELOPMENT
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CONSTITUTION OF VREDENZICHT ESTATE HOME OWNERS’
ASSOCIATION
1.
NAME/ADDRESS
The name of the Association is:
VREDENZICHT ESTATE HOME OWNERS’ ASSOCIATION
The address of the Association is:
C/O Sunland Financial Services, Twin Oaks Centre, 142 Main Road,
Somerset West.
2.
DEFINITIONS
In this Constitution, unless the contrary is indicated:
3.
2.1
“Association” shall mean Vredenzicht Estate Home Owners’
Association;
2.2
“Area” shall mean Erf 14210 Somerset West, a Portion of Portion 1 of
the Farm Vredenburg, No 696 Stellenbosch, including any subdivision
thereof, as well as the private roads situated in the Area;
2.3.
“Developer” shall mean Vredenzicht Developments (Pty) Ltd Nr
1997/010891/07 or its successors in title or assigns;
2.4
“person” shall include a Company, Close Corporation, Club,
Partnership, current Trustees of a Trust or other Association of
persons entitled in law to hold title to immovable property;
2.5
“erf” shall mean any subdivision in the Area as approved of by the Local
Authority; and words importing the singular shall include the plural and the
converse shall also apply; the masculine gender shall include feminine
and neuter genders and the neuter gender shall include the masculine
and feminine genders.
HEAD NOTES
The head notes to the Clauses in this Constitution are inserted for reference
purposes only and shall not affect the interpretation of any of the provisions to
which they relate.
4.
OBJECTS OF THE ASSOCIATION
The objects of the Association are:
4.1
to promote and enforce standards, not the least of which would be the
congenial atmosphere in the Area in such a way that members may
derive the maximum collective benefit therefrom;
4.2
to manage, own and maintain the private road reserve, private open
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space, all services and amenities constructed for the mutual benefit of
members, except for the water supply up to the development metre and
electricity supply pertaining to street lighting;
5.
4.3
to control the aesthetic appearance of all land and buildings within the
boundaries of the Area;
4.4
that the Association shall have the power to do such acts as are
necessary and reasonably required to give effect to the provisions of the
Constitution.
MEMBERS
5.1
Membership of the Association shall be evidenced by registered
ownership in the Deeds Registry in Cape Town of one or more erven in
the Area. Upon registration of ownership, membership of the Association
shall be automatic and members shall be obliged to comply with the
provisions of the Constitution. No persons shall be entitled to cease to be
a member of the Association while remaining the registered owner of an
erf in the Area;
5.2
Each member shall be entitled to ONE (1) vote for each registered erf
owned in the Area. Ownership of an erf in undivided shares shall
constitute only one membership, which membership shall be represented
by one individual;
5.3
Membership shall be transferred by the registration of a Deed of Transfer
in the Deeds Registry at Cape Town, passing transfer of one or more
erven in the Area to the new member;
5.4
Every member shall pay a monthly levy to the Association, the amount to
be determined by EXCOM. The levy so determined shall be calculated on
the square meter size of each erf and shall be payable by each member
and the Developer. 1
5.5
The subscription shall commence on the date fixed by EXCOM in respect
of the transfers from the Developer to the first buyers and upon
commencement of membership to the Association in respect of all
subsequent transfers. The first Annual/monthly levy shall become due
and payable on the day fixed for commencement. The annual/monthly
levy for every subsequent calendar Year/months shall become due and
payable on the first day of each such subsequent calendar year/month.
No erf shall be transferred without the consent of the Association, where
any amount of the levy in terms hereof is still outstanding in respect of
such erf.
5.6
No erf shall be sold, subdivided, consolidated or transferred without the
prior written consent of the Association, which consent shall not
1 Amendment of para 5.4 approved at General Meeting dated 22 July 2013, paragraph 2.1 of minutes.
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unreasonably be withheld. The Association however reserves the right to
lay down any reasonable conditions it deems fit before issuing such
consent.
5.7
6.
No member shall be entitled to lease his erf unless it is a specific
condition of such lease that the Lessee be handed a copy of the
Constitution of the Association and that such Lessee undertakes to abide
by the conditions thereof as far as they may affect such Lessee.
COMMITTEE
The powers of the Association other than those to be exercised by the members
in General meeting shall be exercised by the Executive Committee (hereinafter
referred to as “EXCOM”).
7.
EXECUTIVE COMMITTEE
7.1
Composition
7.1.1 The number of EXCOM members shall be determined from time to
time by the members of the Association in General Meeting and
shall consist of registered owners of erven in the Area, provided
that there shall not be less than THREE (3) nor more than SEVEN
(7) EXCOM members. Furthermore, the Developer’s right to
appoint members to EXCOM, as contained in clause 13 hereof is,
however, restricted in that the Developer or his duly authorized
representative shall only be Chairperson and be entitled to appoint
a maximum of THREE (3) EXCOM members to ensure that there
shall at all times after the fist ANNUAL General Meeting be
THREE (3) vacancies on EXCOM to be filled by the resident
members.
7.1.2 the first EXCOM members shall be:
1)
2)
3 (THREE) representatives nominated by the Developer,
subject to paragraph 7.2.2;
the CHAIRPERSON, which shall be the Developer or a
representative nominated by him;
who shall hold office until the first Annual General Meeting
(AGM) of the members of the Association when the said
EXCOM members shall retire but be eligible for reappointment by the Developer in terms of Clause 13 hereof
and at which first AGM the members shall be entitled to
elect the first resident members to EXCOM;
7.2
Election at Annual General Meeting
7.2.1 EXCOM members shall be elected annually at the Annual General
Meeting and shall remain in office until the following Annual
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General Meeting;
7.2.2 EXCOM members may fill any vacancy in their number or co-opt
any additional member. Any EXCOM member so appointed or
co-opted shall hold office until the next Annual General Meeting
when he shall retire and be eligible for re-election as though he
had been elected at the previous Annual General meeting.
7.3
Vacation of office
An EXCOM member shall cease to hold office as such if:
7.3.1 by notice in writing to EXCOM, he resigns his office;
7.3.2 he is or becomes of unsound mind;
7.3.3 he surrenders his estate as insolvent or his estate is sequestrated;
7.3.4 he is convicted of an offence, which involves dishonesty;
7.3.5 he absents himself from THREE (3) consecutive meetings of
EXCOM without special leave of absence from EXCOM;
7.3.6 by resolution of a General Meeting of the Association, he is
removed from his office;
7.3.7 he ceases to be a member of the Association.
7.4
Building- and Architectural Design and Landscaping Requirements
EXCOM shall have the power to:
7.4.1 prescribe and enforce the architectural style, the material to be
used in respect of any buildings to be erected or in respect of any
alterations or additions to be carried out to existing buildings and in
particular to control the exterior design of such buildings and the
materials and landscaping used so as to ensure an attractive,
aesthetic and pleasing character to the building in the Area
according to Annexure A attached hereto and to ensure that
construction works and the site is maintained in an orderly and
neat manner which is reasonable;
7.4.2 to appoint a Building Committee to evaluate building plans and
landscape proposals and to certify that they comply with the
Architectural Designs and Landscaping Requirements as set out in
clause 7.4.1. hereof;
the said Committee to consist of the following (THREE) 3 persons:
(TWO) 2 members of EXCOM,
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a registered architect appointed by EXCOM;
7.4.3 do such acts as are necessary to accomplish the purposes
expressed or implied herein
7.4.4 compel members to comply with it’s requirements, and failing
compliance therewith, to take steps to remedy such noncompliance at the cost of the members and, without in any way
limiting the generality of the foregoing, to call upon a member in
writing to remove or alter within a specified period, anything
erected contrary to the requirements laid down pursuant thereto
and failing which, to apply to Court for an appropriate order.
8.
MEETINGS
8.1
Annual General Meetings shall be held once every year. EXCOM shall
give 21(TWENTY ONE) days notice to the members of the time and
place as may be determined by EXCOM, but so that no more than
SIXTEEN (16) months shall be allowed to elapse between any TWO (2)
such successive meetings, the first of which shall be held within 12
(TWELVE) months from date of approval of the Constitution by the
Director: Planning & Environment of the City of Cape Town. The
business to be done at the Annual General Meeting shall include:
8.1.1 the receipt of a report on the affairs of the Association;
8.1.2 the elections of members to EXCOM.
8.2
Ordinary General Meetings
EXCOM may call an Ordinary General Meeting whenever it thinks fit.
Ordinary General Meetings shall also be called upon the written request
of not less than TEN (10) members, directed to the Chairman of EXCOM.
8.3
Quorum
No matters shall be discussed at any meeting unless a quorum is present
when the meeting commences. For all purposes, the quorum shall not be
less than 4 (Four) or half of the total number of members, whichever shall
be the lesser, and consisting of members present in person or
represented by proxy.
8.4
Adjournment
If within half an hour from the time appointed for the holding of the
meeting, a quorum is not present, the meeting, if convened on the
request of members, shall be dissolved. It shall stand adjourned to the
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same day in the next week at the same time and place. If a quorum is not
present at the adjourned meeting within half an hour from the time
appointed for holding, the members present should constitute a quorum.
All members of the Association shall be given notice of such an adjourned
meeting.
8.5
Chairperson
The Chairperson of EXCOM shall preside at every General Meeting, but if
he is not present at such meeting, the members present shall choose a
Chairperson from the members of EXCOM, or if no EXCOM members are
present, they shall choose some other member present to be Chairperson
of the meeting.
8.6
Votes
At all General Meetings a Resolution put to the vote of the meeting shall
be decided on a poll which shall be taken immediately in accordance with
the following provisions, subject to the Developer’s rights pertaining to
voting at General Meetings, as contained in Clause 13 hereof:
8.6.1 each member present in person shall have ONE (1) vote for every
erf registered in his name;
8.6.2 each person present as proxy for a member shall have ONE (1)
vote for every erf registered in its name;
8.6.3 each member and person present as proxy for a member shall
verbally announce how he cast each vote to which he is entitled as
aforesaid;
8.6.4 all Resolutions shall be with the majority vote representing 70%
(SEVENTY PERCENT) of the votes of those members present in
person or proxy at the meeting and voting;
8.6.5 the Chairman of the meeting shall count the votes for and against
the Resolution and shall declare it carried or lost as the case may
be;
8.6.6 a declaration by the Chairman of the result of the poll and entry
thereof in the Minute book of the Association shall be conclusive
evidence of that fact.
8.7
Incapacity
Should any member be declared incapable of managing his own affairs,
or a prodigal or insolvent, or in the case of a Company, placed under
Judicial Management, or into liquidation, such member shall be
represented by his Curator Bonis, trustee, Judicial Manager or Liquidator
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as the case may be, who shall be entitled on his behalf, either personally
or by proxy.
8.8
Co-ownership
If two or more persons are jointly registered owners of an erf, then in
voting upon any question, the vote of the senior, who tenders a vote,
whether in person or by proxy, shall be accepted to the exclusion of the
votes of the other registered owners of the erf, and for this purpose,
seniority shall be determined by the dates of birth of the joint owners as
recorded in the Deeds registry, Cape Town. In the event of an erf being
jointly owned by a natural person and a Company, then in such event the
natural person cast a vote on behalf of such membership.
8.9
Proxy
8.9.1 Votes may be given either personally or by proxy, or by postal vote
or by fax;
8.9.2 the instrument appointing a proxy shall be in writing in the common
form, or any form approved by EXCOM under the hand of the
appointed, or his Attorney or agent, duly authorised in writing, or if
such appointee is a Company, under the hand of an Officer duly
authorised in that behalf
8.9.3 the instrument of appointing a proxy, together with the Power of
Attorney (if any) under which it is signed or a notarially certificate
copy thereof shall be deposited at the domicilium citandi of the
Association at least TWENTY FOUR (24) hours before the time
appointed for holding the meeting, or adjourned meeting, at which
the person named in such instrument proposed to vote, otherwise
the person so named shall not be entitled to vote in respect
thereof.
8.10
Legal Persons
Any legal person which is a member of the Association may, through
resolutions of its’ Directors or other governing body, authorise such
person as it think fit to act as its’ representative at any meeting of the
Association and the person so authorised shall be entitled to exercise the
same power on behalf of the Company which such person, as a
representative of that Company, could exercise as if it were an individual
member of the Association. The foregoing provision shall apply mutatis
mutandis in the case of a Trust.
8.11
Financial Year End
The financial year-end of the Association shall be the 30th day of
September of each year.
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THE STATUS OF THE ASSOCIATION
The Association shall come into existence simultaneously with the registration of
transfer of the first deducted subdivided portion of the Area:
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9.1
with legal personality, capable of suing and being sued in its own name;
9.2
none of whose members in their personal capacities shall have any right,
title or interest to or in the property, funds or assets of the Association,
which shall vest in and be controlled by EXCOM in terms hereof;
9.3
not for profit, but for the benefit of the owners and occupants of
immovable property situate in the Area;
9.4
able to obtain registration in its’ name of the private road reserve.
RULES AND REGULATIONS AND AMENDMENTS TO THE CONSTITUTION
Any proposed:
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10.1
rule or regulations or any proposed repeal of, or amendment or addition
to, any rule or regulations by EXCOM;
10.2
amendment or addition to the Constitution (Annexure “A” included), may
be effected by a Resolution passed at a general or annual meeting
provided that for purposes thereof a quorum shall be deemed to be FIFTY
FIVE PERCENTUM (55%) of all members, after written notice thereof
setting out such amendment or addition in full, has been given in the
notice calling such meeting, subject to the consent of the Local Authority
concerned and the legitimate objectors to the initial development
application, if they still reside at the same address. 2
SUBMISSION OF PLANS
Members shall be obligated to submit all building plans for new construction,
renovations, alterations or additions to the Building Committee as set out in
Clause 7.4. hereof (who is bound by Annexure “A”) for examination and
approval prior to the submission of such plan to the Local Authority for approval
and the said committee shall make known its decision to the applicant within 10
working days of the plan being submitted to it;
Members shall not be permitted to commence with any alteration to their
buildings pertaining to any changes of the external finishes, materials and colour
schemes or any other item included or referred to under Annexure “A” without
the prior approval of the Building Committee.
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USE AND OCCUPATION REQUIREMENTS
2 Amendment of para 10.1 – 10.2 approved at AGM dated 27 November 2008, paragraph 8 of minutes.
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12.1
The premises shall be used by the members in accordance with the
zoning scheme regulations applicable for the area and for no other
purposes whatsoever;
12.2
all members shall ensure that their respective activities on and uses of
the estate shall be carried out with reasonable and diligent care and with
due and proper consideration for the other members. This shall likewise
apply to guests, lessees, servants or members while they are on the
estate;
12.3
no member shall cause or permit such conduct either on his own erf or
elsewhere on the estate as shall cause a nuisance or disturbance to other
members in the quiet enjoyment of their own premises or which is likely to
or in any way may tend to effect detrimentally the benefit, enjoyment,
rights of occupation and interest of any other member or adjacent
property owner.
Such conduct will include, but will not be limited to, the usage of radio,
television and hi-fi sets, recording equipment and the like or the playing of
musical instruments to the extent that it will be audible beyond the
boundaries of the premises of the member concerned;
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12.4
no caravans, tents or structures of a temporary nature shall be allowed to
be parked or erected in view of any dwelling on the property, save with
the approval of EXCOM and the adjoining neighbour;
12.5
no member shall be entitled to dump materials or goods on the private
road, or on any erf not registered in the name of the member and shall be
liable for payment of the cost of rectifying the damage or removal of the
material or good;
12.6
Members may not commit or permit any act, which would increase the
hazard of fire. Members will not be permitted to make fires other that in
their own private braai areas;
12.7
Every attempt should be made to ensure that gardens are of a suitable
standard and should be well maintained by the owner;
12.8
No member shall cause or permit any destruction or degradation of the
environment.
STATUS OF THE DEVELOPER IN THE ASSOCIATION
Notwithstanding all or any of the provisions contained in this Constitution, the
Developer shall be entitled at any General Meeting to a number of votes equal to
the total number of votes of all the other members of the Association, plus
One(1) vote, so that the Developer shall have the majority of votes in the
Association. In addition the Developer shall be entitled to appoint a sufficient
number of EXCOM members to ensure that it has a majority of such members at
all times. The Provisions of this Clause shall remain until Fifty Per cent (50%) of
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the number of building opportunities in the Area as determined by the Developer
have been transferred out of the name of the Developer.
14.
DOMICILIUM
14.1
For all purposes arising out of this Constitution, including the giving of
notices and the serving of legal process, the Association and each
member choose domicilium citandi et executandi as follows:
14.1.1 The association
-
C/o Sunland Financial Services
Twin Oaks Centre
142 Main Road
SOMERSET WEST
7130
14.1.2 each member
-
at the erf registered in his name
whether or not such erf is vacant land
or email address provided3
provided that the Association or any member may at any time by notice
change his domicilium citandi et executandi to some other address, which
new address shall be in the Republic of South Africa and shall not be a
Port Office box or post restante; and provided further that such change
shall become effective only FOURTEEN (14) days after receipt of the
notice in question.
14.2
15.
Any written notice which may be required to be given in terms of this
Constitution may be delivered by hand or via email4 or may be given by
the dispatch of such notice in writing by pre-paid registered post, in which
event, such notice shall be deemed to have been received FIVE (5) days
after the posting thereof from any Post Office within the Republic of South
Africa. The exhibition of the certificate of registered item shall be full and
complete proof of the date of dispatch of the said notice.
INTERPRETATION/DISPUTES
15.1
Any dispute whatsoever between members or between the Developer
and a member or members concerning the interpretation of this
Constitution and/or any rules and regulations of the Association shall,
subject to the provisions of Clauses 15.2 or 15.3 as the case may be, be
referred for decision to a practicing Advocate of the Cape Bar of not less
than FIVE (5) years standing, or in the event of a dispute in the case of
Clauses 11, to an Architect of not less than FIVE (5) years standing,
agreed upon by the parties to the dispute, who shall then, acting as an
3 Amendment of para 14.1.2 approved at General Meeting dated 22 July 2013, paragraph 2.2 of minutes.
4 Amendment of para 14.2 approved at General Meeting dated 22 July 2013, paragraph 2.3 of minutes
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expert and not as an Arbitrator, determine the dispute and his decision
shall be final and binding upon the parties and capable of being enforced
in a Court of Law.
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15.2
In the event of the parties being unable to agree upon the Advocate who
should be appointed to determine the dispute, then he shall be nominated
by the President of the Cape Bar Council.
15.3
In the event of the parties being unable to agree upon the Architect who
should be appointed, he shall be nominated by the President of the Cape
Provincial Institute of Architects.
15.4
Notwithstanding anything to the contrary herein contained, EXCOM shall
at its sole option be entitled to institute proceedings in the Court having
jurisdiction for any relief to which it is entitled under the provision of this
Constitution, including the recovery of arrear subscription and are
permitted to levy costs incurred at Attorney Client Schedule.
MAINTENACE OF PRIVATE SERVICES
In light of the fact that there is a single connection 450 mm diameter storm water
pipe situated at the Bakkerskloof Road boundary of Vredenzicht Estate (Erf
14210 Somerset West), which pipe exists and runs of into an existing retention
dams within Vredenberg Estate (Erf 14211 Somerset West), which in turn runs
of into an existing retention dams Helderberg Village, and whereas the all the
said storm water pipes and retention dams are private services, a agreement
will be entered into between the EXECUTIVE COMMITTEE, EXECUTIVE
COMMITTEE OF VREDENBERG ESTATE HOMEOWNERS ASSOCIATION
and HELDERBERG VILLAGE MASTER'S HOME OWNER'S ASSOCIATION
pertaining to the maintenance of the storm water service. VREDENBERG
ESTATE HOMEOWNERS ASSOCIATION shall be responsible for the
maintenance relating to storm water system of Erf 14210 Somerset West, as
well as any costs incurred in the event of any damage sustained to the services
of Vredenberg Estate and Helderberg Village as per the said agreement.
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BULK WATER METER
It is a condition imposed by the Local Authority that the Developer shall install a
bulk water meter pertaining to the whole of Erf 14210 Somerset West. The
Homeowners Association shall receive one water usage account in respect of
the whole of the development, and therefore it shall be the responsibility of each
member to install at it's own cost a approved water meter on it's erf, before the
owner of such erf shall be allowed to connect to the water service. The Building
Committee shall be entitled to withhold the approval of any building plan until
confirmation of the installation of a water meter.
Each and every member shall be obligated to pay a water deposit to be
determined by the EXECUTIVE COMMITTEE to the Homeowners Association.
It shall be the responsibility of the EXECUTIVE COMMITTEE to take monthly
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water meter readings of the erven within the development and to allocate the
water usage of each member together with a pro rata share of the basic cost to
its erf. The member shall be obliged to pay the account rendered by the
Homeowners Association on or before the last day of each and every month.
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USE OF COMMON PROPERTY
Any persons, members, their family, visitors and employees entering the
common property or utilizing any of the facilities, neither the Developer nor the
Homeowners Association or their successors in title shall be liable for any loss,
damage or any injury, including any consequential loss to any property or any
injury suffered by any person, however the same may be caused. All persons
entering the common property and or utilizing any facilities on the common
property agree by doing that they hold the Developer and Homeowners
Association and their successors in title harmless against any loss, claim or
expense however arising through negligence or recklessness and whatever
liability would be vicarious or not. Such persons also indemnify the Developer
and Homeowners Association and their successors in title against any claim on
behalf of or instituted by any persons brought to or accompanying such person
on the common property or facility.
Children play at their own risk on the common property. Parents are responsible
for their children’s safety at all times. Parents are to ensure that children do not
play in or close to the dams and that they are closely supervised when playing
and around the common property.
19.
SPEEDLIMIT
The speed limited on the estate is strictly 20 km/h.
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ANNEXURE "A"
VREDENZICHT ESTATE
SOMERSET WEST
REGULATIONS FOR
BUILDING DESIGN AND THE PROCEDURE FOR
OPERATIONS
CONTENTS
1.
GENERAL
2.
SUBMISSION OF PLANS TO THE BUILDING COMMITTEE
3.
BUILDING DEPOSIT AND PROCEDURE
4.
DESIGN AND BUILDING CONTROLS
5.
BUILDING PLAN SUBMITION (ANNEXURE "A1")
6.
AUTHORISATION BY BUILDING COMMITTEE FOR REFUNDING OF DEPOSIT
(ANNEXURE "A2")
7.
HOME OWNERS ASSOCIATION BUILDING PROCEDURES (ANNEXURE "A3")
8.
CONTRACTOR'S OBLIGATION AGREEMENT (ANNEXURE "A4")
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1.
GENERAL
1.1
Vredenzicht Estate is an up market security residential development. Its
streetscape, landscape and the homes that have been built have a high
ESTATE standard of environmental quality and the Estate also has a
specific architectural character. The Vredenzicht Home Owners
Association and its Building Committee are entrusted with preserving
these and ensuring that a new development is undertaken along the
same lines to the benefit of all residents, existing and future.
1.2
These Building Design and Operational Procedures are intended as a
framework to regulate and guide development. Which, whilst
encompassing individual expression and freedom in the design of new
dwellings, has the definite objective of maintaining the harmony in style
and character, the prevailing ethos of Vredenzicht Estate, its identity and
distinct sense of place?
NEW DWELLINGS MUST FIT IN WITH THE OVERALL AESTHETICS
THAT HAVE BEEN DEVELOPED ON THE ESTATE.
1.3
The Vredenzicht Estate Home Owners Association and its Building
Committee requires that building plans submitted for approval will be of a
high standard of design commensurate to that expected from a qualified
Architect.
1.4
The Home Owners Association believes that new development in the
Estate can be guided along a favourable course. More appropriately
though, would be a consultative process between its Building Committee
and Property Owners wishing to build new houses rather than by
imposing too many controlling guidelines, design criteria or rigid rules that
govern all aspects. The Building Committee will therefore take a proactive and supportive role in the scrutiny and approval of building plans
and in monitoring building operations and consider any situation on its
own merits together with these BUILDING DESIGN AND OPERATIONAL
PROCEDURES. Communication, consultation and co-operation at all
stages are openly encouraged.
1.5.1 The Vredenzicht Estate Home Owners Association requires that
construction on any new house on a specific erf in the development must
commence within 3 (THREE) years calculated from the date of the first
transfer of that specific Erf into the name of the first Purchaser.
1.5.2 In the event of the first transfer of a specific erf taking place after 31
December 2006 then construction of the dwelling on such transferred erf
must commence by not later than 15 January 2010.
1.5.3 In the event of an owner of a transferred erf failing to commence
timeously with the construction of a dwelling as required above;
1.5.3.1
EXCOM shall impose a monthly penalty levy equal the normal
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monthly levy at the time on the owner of the Erf 5, and;
1.5.3.2
Four (4) times penalty levies will be payable from 1 April 2009
until 31 August 2009.
From 1 September 2009 an amount of R1500 plus a penalty
levy of 20% (R123)6 will be payable until 30 November 2009.
The 1 time penalty levy will be payable from 1 December 2009
until 31 December 2011, thereafter a 3 times penalty levy will be
payable until 31 December 2012 and thereafter 4 times penalty
will be payable as from 01 January 20137.
The penalty levy will be suspended for a maximum of ten8
months during the construction of the house9. All dwellings must
be fully completed within 10 months after the commencement
date failing which the owner shall be liable to pay the penalty
levy applicable at that stage.8
1.5.4 The Developer shall ensure that his Erven shall have been developed
by the commencement of construction of dwellings on his Erven by the 1st
of February 2014 or alternatively he shall sell his Erven before the 1st of
February 2014. If the Developer fails to commence with construction by
the 1st of February 2014, a penalty levy of 4 (four) times the normal levy,
per sq meter, shall be payable by the Developer in terms of this
Constitution. The penalty levy shall be due and payable by the Developer
and/or his successor in title monthly in advance on or before the first day
of each and every succeeding month until commencement of
construction.10
1.5
Any matters or aspects concerning these BUILDING DESIGN AND
OPERATIONAL
PROCEDURES must be dealt with in consultation
with the BUILDING COMMITTEE.
All enquiries to be addressed to: THE CHAIRPERSON
THE BUILDING COMMITTEE
THE VREDENZICHT ESTATE HOME OWNERS ASSOCIATION
2.
SUBMISSION OF PLANS TO THE BUILDING COMMITTEE
2.1
All building plans require be submitting for scrutiny and approving by the
Building Committee of the Vredenzicht Home Owners Association.
5 Amendment of para 1.5.1 – 1.5.3.1 approved at AGM dated 27 November 2008, paragraph 8 of minutes.
6 Amendment of para 1.5.3.2. approved at OGM dated 3 September 2009 and ratified at AGM dated 3
December 2009.
7 Amendment of para 1.5.3.2 approved at AGM dated 30 November 2011, paragraph 8.5.
8 Amendment of para 1.5.3.2 approved at General Meeting dated 22 July 2013, paragraph 2.4 of minutes
9 Amendment of para 1.5.3.2 approved at AGM dated 3 December 2009, paragraph 2 of minutes.
10 Paragraph 1.5.4 inserted at General Meeting dated 22 July 2013, paragraph 2.6 of minutes.
18
The Building Committee shall consist of three people, comprising two
members of the Home Owners Association and a qualified Architect. If
there is no architect on the Building Committee, the services of an
architect, on a consultancy basis, will be arranged.
2.2
The Building Committee shall commission an Architect to determine and
charge a scrutiny fee for building plans submitted each time, irrespective
of whether they are approved. This is payable on submission. If a house
is required to be substantially re-designed, then the re-submission of
building plans will entail a new scrutiny fee.



Tasks and associated fee as follows:
Scrutiny of first submission
Inspect position of boundary beacons, building lines, levels,
trenches and floor levels in relation to roof height
Inspection of building and site on completion and
acceptance thereof, in order to authorise the return of
deposits.
Sub total:
R2850.00
Plus administration fee of Managing Agent


THE BUILDING COMMITTEE MAY REVISE AND ADJUST THE
SCRUTINY FEES YEARLY.
Note: In the event of it becoming necessary, for any reason, that the
Architect has to participate in additional meetings or site inspections, a
basic fee of R 500.00 per hour will be charged for the owners account.
2.3
The Building Committee shall not unreasonably withhold the approval of
plans submitted to it provided the following: - (duration two weeks max.)

Designs submitted must fit in with the overall character, context, quality of
environment and aesthetics of the Vredenzicht Estate;
Building plans submitted must fully illustrate the nature, quality and detail
aspects of a design proposal to show how it will blend into the Estate;
Designs must comply with the TOWN PLANNING REQUIREMENTS and
the DESIGN & BUILDING CONTROLS as stipulated and outlined in all
sections of these rules and regulations
Designs must comply with Municipal and National Building Regulations;
That all documentation and agreements forming part of this document is
duly completed and is signed by the relevant parties;
The payment of all levies and fees is up to date.
The Chairman of the Building Committee shall indicate approval of
submitted plans by appending his signature to the said plans.
Building plans approved by the Building Committee are valid for a period
of 12 months. Re-submission is required if building operations do not
commence within this time.







2.4
The Building Committee is empowered, at any time, to stop any building
work that has not been approved until such time that it is approved.
19
2.5
All amendments made to approved plans are to be submitted to and
approved by the Building Committee before commencing with
construction of these amendments. See 2.4 above.
2.6
Once building plans have been approved by the Building Committee all
copies of the drawings will be stamped “APPROVED” and signed by the
Chairperson of the Home Owners Association. Submission of three sets
of these plans, that includes the coloured-in set, to the City of Cape Town
can then be undertaken by the Property Owner. The Building Committee
will retain one set for reference purposes.
The City of Cape Town Helderberg Administration will not review any
building plans submitted to it that have not first been approved by the
Building Committee of the Vredenzicht Estate Home Owners Association.
On its approval, the Helderberg municipality will retain one set of the
Drawings, namely of that in colour, and return the other two sets to the
Property Owner. The Building Committee is to be provided with a set of
drawings to be retained permanently on file, and the Owner shall maintain
the other set on site and to be available during the course of building
operations.
NO BUILDING WORK IS TO COMMENCE ON SITE BEFORE THESE
PROCEDURES HAVE BEEN COMPLETED
3.
BUILDING DEPOSIT
Prior to the commencement of any building operations or work on site a R10 000
deposit must be paid to VEHOA. The deposit will be placed in a Trust account,
bearing interest.
(Allow for a 35-day notice period for repayment of the deposit)
The repayment of R5, 000 will be after the completion of the building operations
or building work provided that:
3.1
Copies of approved as build drawings are on record at designated
property administrator's offices.
3.2
Owner has notified designated property administrators that building
operations are completed.
3.3
Municipal Completion Certificate has been submitted to designated
property administrators.
3.4
Architect has done a Site Inspection and Report has been submitted to
Building Committee via designated property administrators that the house
has been finished off to a high standard, the storm water reticulation is in
place, any roads, common areas or ground levels or fencing of adjoining
properties disturbed or damaged during operations work are restored to
their original condition.
3.5
All the requirements as per Vredenzicht Estate Homeowners' Association
20
have been fulfilled satisfactorily.
The remaining R2 000 plus the interest will be repaid when the basic
Landscaping has been done, and the site cleared to the satisfaction of
the Building Committee.
The Vredenburg Estate Home Owners Association as a special road
maintenance levy, which levy will be deposited into a separate road
maintenance fund, shall retain the sum of R3000.00.
THE BUILDING COMMITTEE MAY REVISE AND ADJUST THE
AMOUNT OF THE BUILDING DEPOSIT TO BE PAID YEARLY.
4.
DESIGN AND BUILDING CONTROL
4.1
Design Concept
The concept is based on criteria derived from the surrounding
neighbourhood, being residential with the emphasis on simplicity, scale
and proportion, harmony and refined details. Buildings shall be mainly
plastered brick with a thickened plinth.
These design guidelines are only concerned with the external appearance
and positioning of the buildings and structures. Owners are unrestricted
with regard to the interior layout, finishes and interior colours of their
homes.
4.2
Scales and Proportion
It is intended that the architecture of the development must be
harmonious and of human scale, avoiding unnecessarily large building
forms. The size, proportion and placement of buildings must be
compatible.
4.3
Maximum Coverage and Floor area
The maximum coverage (or footprint) of all covered (roofed) buildings will
be 40% of the erf. By building double storey the floor area can be
increased as follow: 40% x 1.5
Example: stand is 500m² x 40% = 200m². By building double storey you
can increase the floor area to 200 x 1.5 = 300m². The maximum coverage
remains the same.
These requirements are applied to avoid excessively large houses being
built on a small stand. The minimum house size will be 160 m² excluding
garage.
A double garage must be provided for each dwelling. The double garage
21
may not be included in the 160m² minimum house area.
4.4
Building Envelope and Building Setbacks
Each building will have a specified building area (the building envelope)
within which construction must take place.
In general the building setbacks are 2 metres all round except the setback
from the street, which must be 4 metres. Garages with doors facing the
street must have a setback of 4 metres.
4.5
Maximum Building Height
The height of ground fill at any point on the site may not be higher than
1.2 metres above natural ground level.
The maximum height of the plinth wall may not be higher than 1.2 metres
above natural ground level.
The maximum building height to the top of the roof is 8 metres measured
from the highest buildable point within the building lines. Maximum of two
storeys.
Natural ground level shall be measured from the highest point within the
building lines of each individual erf.
22
4.6
House Form
The Maximum building width under a single storey roof is 8 metres and
under a double storey roof is 7 metres. Maximum width under a lean-to
must not be more than two thirds of the width of the adjacent gable.
Outbuildings must be of the same form as the main house if they are free
standing.
Main buildings to be broken up where possible into separate elements to
reduce the visual impact. All forms to be directly attached to ground- no
stilts permitted unless supporting timber deck.
Round building forms on plan will only be allowed under a square or
rectangular roof shape.
The minimum length of an uninterrupted wall is restricted to 7metres.
Recesses and protrusions of the wall are encouraged to achieve this.
23
4.7
Roofs
Flat roofs:
To be concealed behind parapet wall.
Gables:
Gable walls may not project above the roof surface as parapets. Gable
walls must terminate at the roof surface, in which case the roof covering
must be carried over the head of the wall to form a clipped roof end with a
barge board to finish the roof covering.
Pitched roofs:
22½-35° in traditional styles. Flat roofs must be hidden behind horizontal
parapet walls. Maximum 30% of total roof area may be flat. Overhang
must be not less than 500mm and maximum 750mm.
Using hipped ends instead of gables reduces the overall impact of the
roof.
24
Materials permitted:
-
Natural slate
Fibre cement tiles (earthy colours)
Concrete roof tiles (earthy colours)
No sheet material may be used eg. Corrugated sheeting or fibre
cement sheets
Concrete flat roofs (waterproofing to be covered or painted earthy
colours)
Materials for covering of all roof areas must be specified, in writing, on
all plans submitted for approval11.
Colours:
All roofs should be of natural earthy colours
Barge tiles must be the same material as roof and of the same colour
Painted bargeboards will not be permitted
Fascias must be white or the same colour as roof and minimum 200mm
wide.
Gutters and down pipes: must be square PVC or
Seamless Aluminium finished matching roof or wall colour.
4.8
Walls
Walls must be plain, without decoration. Plastered and painted with
earthy colours. Natural stone or approved rock face clay bricks or
approved face brick for plinths.
Simple plaster surrounds around openings to a width of 150mm are
acceptable but quoins, rustication and decorative mouldings are not
permissible.
All window openings must have a single plaster surround, including face
brick walls. This is optional12.
11 Change approved by Excom via email dated 14 April 2014
12 Para 4.8 amended via email voting: 95% in favour – confirmed at AGM of 19 November 2012, paragraph 8.2
of minutes.
25
All buildings to have a thickened base (minimum 50mm) up to finished
ground floor level or maximum 900mm above finished ground floor level.
Maximum 4m-wall height permitted in one vertical plane – if higher then a
face brick or stone base must be added to break up vertically.
4.9
Chimneys
Black metal pipe with cowl. Chimneys must be bricked up. No
metal/pipes chimneys will be allowed.
May be of stone or face brick if building has other similar
elements.
Must comply with National Building Regulations.
Height may exceed building envelope restrictions if required.
4.10
Yard and Boundary walls
4.10.1
Compulsory boundary walls between properties must
be 1.8m high.
4.10.2
Yard walls may be 2.2m high above natural ground
level.
4.10.3
Yard walls may also be 2.2m high where it
encompasses a yard.
The finish of boundary- and yard walls must be a
smooth plastered masonry wall painted the same as
main building. Owners should endeavor to achieve
agreement on walls where they share a boundary.
4.10.4
4.11
No boundary walls and/or picket fencing are allowed
between the street boundary and the building line.
Doors and windows
Windows to be primarily vertically orientated. The width should
be less than the height.
26
Reflective glass not permitted.
Shutters permitted for sun control & privacy but must be
functional and not only decorative & must match windows and
doors in colour and finish.
4.12
Driveways
Clay pavers or approved cement pavers (cobblestones etc.)
4.13
Miscellaneous Items
Provide two parking bays (including garage).
TV aerials and satellite dishes to be positioned as discreetly as
possible.
Plumbing to be concealed within walls.
No pipes will be allowed on wall surfaces.
Air-conditioning units may not be visible from the street.
Decorative items such as "broekie lace", finials, elaborative
moldings etc. are not permitted.
4.14
General
In addition to these guidelines, the Vredenzicht Estate Design
Review Committee reserves the right to reject any proposed
architectural form or feature that in its sole opinion would detract
from the overall ambience and quality of the estate.
All buildings to comply with the National Building Regulations.
All future external alterations and additions must be designed
and submitted for approval, based on these guidelines.
A full colour scheme with colour samples must be submitted for
approval with the submission of building plans.
27
ANNEXURE "A 1"
VREDENZICHT ESTATE
BUILDING PLAN SUBMISSION
CLIENT INFORMATION:
Erf No: _____________
Owner's name: _____________________________ Tel: _________________
Contact person: _____________________________ Tel: _________________
ARCHITECT INFORMATION:
Name of Firm: ______________________________ Tel: _________________
Contact person: _____________________________ Tel: _________________
SACA Registration No. ________________________ Tel: _________________
Postal Address: _______________________________________________________
_______________________________________________________
ROJECT INFORMATION:
Area of house (include garages, terraces):
Checklist:








Site plan indicating Development Platform (setbacks) and position of Building
Platform
Site section indicating Building Envelope, existing contours, floor levels and
heights
Roof plan
Floor plans
Sections and Elevations
Description of proposed external finishes (Roof, Walls, Doors & Windows)
Landscape plan indicating areas of hard and soft landscaping; boundary walls
and fences
Scrutiny fee: R_______________
Signature ________________________________ Date _____________________
28
ANNEXURE"A2"
VREDENZICHT ESTATE
AUTHORISATION BY BUILDING COMMITTEE
FOR REFUNDING BUILDING DEPOSIT
Owner's name: _______________________ Erf no: ______________
The above Owner to ensure that the following conditions are met before 50 % of the
building deposit will be refunded:
Copies of approved as build drawings are on record at designated property
administrator's offices.
Owner has notified designated property administrators that building operations are
completed.
Municipal Completion Certificate has been submitted to designated property
administrators.
Architect has done a Site Inspection and Report has been submitted to Building
Committee via designated property administrators that the house has been finished off
to a high standard, the storm water reticulation is in place, any roads, common areas or
ground levels or fencing of adjoining properties disturbed or damaged during operations
work are restored to their original condition.
All the requirements as per Vredenzicht Estate Homeowners' Association have been
fulfilled satisfactorily.
50 % of building deposit may be refunded.
(The remainder of the deposit plus interest will be repaid when the Landscaping has
been done, and the site cleared to the satisfaction of the Building Committee.)
_________________________________
Estate Manager
_________________________
Date
_________________________________
Building Committee Member
_________________________
Date
_________________________________
Chairman Building Committee
_________________________
Date
29
ANNEXURE"A3"
VREDENZICHT ESTATE
Building Procedures
Date: _________________
Erf no: ________________
Name of owner: ______________________
Contact numbers:
Tel: __________________________
Cell: _________________________
Builder information:
Name: _____________________________
NHBRC Registration no: _______________
Name of Responsible Person on site: __________________________
Tel no: _________________________
Cell no: _________________________
Please complete and sign the "Contractors Obligation Agreement".
Submit your drawings to the Local Authorities for approval.
Attach a cheque for the amount of R__________ made out to "Vredenzicht Home
Owners Association" for the refundable building deposit.
Your deposit will be interest bearing and will be released after the successful
completion of you project, including the condition of the common property in the area of
operation, to the satisfaction of the Home Owners Association. (Please refer to clause
3 of the Guidelines)
The owner must apply for the release of his deposit.
Accepted by Owner
__________________
Signature
30
ANNEXURE"A4"
VREDENZICHT ESTATE
CONTRACTOR'S OBLIGATION AGREEMENT
(To be completed and signed by both parties in respect of all work carried out on
Vredenzicht Estate)
PARTIES
Vredenzicht Estate Home Owners Association (VEHOA) with the estate Vredenzicht
Estate (VE)
And
____________________________________________________________________
The Contractor
And/Or
___________________________________________________________________
The Principle Agent
It is recorded that the Principal Agent above is the owner, accredited architect or
anyone else commissioned by the owner for the duration of the building contract.
Signed: _______________________________________ (Contractor)
Witness: ______________________________________ Date: __________________
Signed: _______________________________________ (VEHOA)
Witness: ______________________________________ Date: _________________
31
VREDENZICHT ESTATE
CONTRACTOR'S OBLIGATION AGREEMENT
Construction Signs
The Contractor must erect a construction sign that must be approved by VEHOA sign
shall accommodate the street address, erf number, and owner's name.
No other signs of contractors, sub-contractors, suppliers, financing companies or any
other party may be erected on the site.
Erosion Control
The Contractor shall install erosion control methods considered necessary immediately
upon the building site being cleared. All erosion control measures must be undertaken
in collaboration with the Estate Manager or Resident Architect so as to ensure erosion
is avoided. Sand bags and berms are to be placed where necessary to prevent
erosion, particularly over weekends and holiday periods.
Litter Control
The Contractor shall control litter and wind blown litter by the following methods:
Clearing the site of litter and building scraps particularly on Friday afternoons. The
Estate Manager, or his deputy, may require the Contractor to clear the site at any stage
if, in their opinion, the site is untidy.
Placement of litter bins on site, or a demarcated screened refuse collection area.
All litter and building refuse is to be removed form the Estate.
No burning of litter or rubbish is permitted on site.
Any litter spread outside the site is to be regularly picked up.
Work Hours
Unless otherwise approved by VEHOA constitution work shall be limited to the time
between 07h00 and 18h00, Mondays to Fridays. Construction work shall be limited to
13
the time between. No construction will be allowed on Saturdays , Sundays or Public
holidays.
A person with a contact number is to be nominated by the Contractor for any
emergencies, which may occur after hours.
Behaviour
All construction workers are expected to behave in a workmanlike manner. Behaviour
13 “Saturday” inserted at AGM dated 30 November 2011, paragraph 8.2 of minutes.
32
shall not disturb other residents or activities on the Estate. The Estate Manager, the
Assistant Estate Manager, or the Security Manager, shall have the right to control
behaviour and noise generated by construction workers and to ban disruptive or
disrespectful workers form the Estate.
No workers may leave the building site at any time save in the exercise of their duties,
and only then by vehicle and not on foot.
In the case of construction on more than one site, movement of personnel between
sites is restricted to vehicles i.e. no pedestrian traffic.
No worker employed by the Contractor shall be entitled to be on the site other than
during the hours provided unless the prior written consent of the VEHOA Estate
Manager, or his deputy, is given.
Contractors are responsible for the conduct of all sub-contractors on site.
Supervision
A supervisor or foreman shall be appointed to control the site. No such
supervisor/foreman will control more than two sites on the Estate at any one time. He is
to be on site or immediately available during working hours, and will be deemed to be
representing the contractor in that person's absence.
Security, Access to the Estate and damage to services / trees
The Contractor will ensure that all contractor and sub-contractor employees engaged in
this contract are aware of and abide by the Security rules contained in Annexure "1"to
these obligations.
The Contractor shall ensure that all vehicles use the roads with due care and, should
any of the road edgings/verges, Telkom and electricity manholes, sewer connections,
irrigation valves, metro water pipes, fire hydrants, any other services or trees on the
property or verge be damaged by the said vehicles or persons under control of the
Contractor, then the Contractor shall be responsible for repairing such damage at the
Contractor's own cost. Precautionary measures should be taken at the outset to
prevent any such damage.
Care shall be taken when transporting materials to the site that the Estate speed
restriction of 30 km/h is adhered to.
Failure to take due care or to adhere to the speed restriction may result in a driver being
fined or banned form access to the estate and the construction site.
Parking
Construction vehicles shall not be parked in any area other than on the building site or
on the verge bordering the site. Vehicles shall be parked with due consideration for the
users of the streets. Any damage caused by the parking of heavy vehicles will be
repaired at the Contractor's expense.
Storing of Construction Material
33
All construction material shall be stacked neatly behind the shade cloth at the site.
Toilet facilities
The Contractors must provide adequate portable toilet facilities, either water-borne
(flushing) connected to the main sewer, or chemical, plus rubbish bins for construction
workers during the construction period. The location of such facilities must be placed
so as to minimize offence to the owners of other units on the Estate. The toilets should
be screened off within the site with forest green shade cloth.
Final Clean Up
At the conclusion of the construction work, the Contractor shall restore all pavements,
roadways, verges, ditches and drainage channels, to their original conditions, including
fine grading and seeding, assure positive drainage with no standing water, clean the
entire site of all construction debris and refuse, and remove all temporary fencing
facilities, equipment and unused materials. Where necessary, verges are to be leveled
to their original conditions, grass sods laid and any trees destroyed replaced, in liaison
with the Estate Landscaping Consultant. The Estate Manager or Resident Architect will,
on completion of the contract, as part of the approval of the as-built plans by VEHOA
carry out an inspection of the works inclusive of the verges and services.
Insurance
The Contractor shall take out at its own expense public liability assurance for any claim
for damages arising from the acts or omissions of it or its employees or agents. The
Contractor hereby indemnifies VEHOA against payment of any such claims for
damages.
Exterior Coatings
The Contractor acknowledges the requirement to comply fully with the VEHOA
Regulations for Building Design and the Procedure for Operations in all respects, as
well as with regard to exterior coatings and colours. Failure to comply with this
requirement will result in VEHOA insisting on the exterior coatings being re-applied at
the Contractor's expense.
Neighbouring Erven
No encroachment onto neighbouring Erf will be permitted without the prior permission of
the owners of such erven and VEHOA
Deviation from Approved Plans
The Contractor shall not deviate form the approved plans without being in possession of
amended plans approved by VEHOA and the Somerset West Local Authority.
Breach
In the event of the Contractor being in breach of any obligations under this agreement,
then VEHOA shall be entitled to one or more of the following remedies:
34
Give written notification to the Contractor to remedy the breach within 24 hours.
Close the Contractor's access to the site until the breaches have been remedied.
Insist on rectification of the breach at the cost of the Contractor.
Issue a written warning.
Imposition of a fine as decided by the Disciplinary Committee.
General
Non-waiver
No indulgence, which any party may give to the other party in terms of this agreement,
shall constitute a waiver by the former of any of its rights under this agreement.
Variation
No agreement varying, adding to, deleting from or canceling this agreement, and no
waiver of any right under this agreement, shall be effective unless reduced to writing
and signed by or on behalf of the parties.
35
ANNEXURE "1"
Vredenzicht Estate Home Owners Association (VEHOA)
Contractor, sub-contractor and suppliers rules and regulations
Introduction
•
All contractors working at VEHOA must sign acceptance of these rules
before any work commencing on site.
•
Signature of this document does bind the company to all VEHOA
guidelines, rules and controls.
•
The following protocols are to be strictly adhered to.
•
The definition of a contractor includes: building contractors, installers of
internal building fittings, landscapers and other companies associated
with garden installations, suppliers and consultants to the building trade
and architects; and their staff. This definition also includes the estate
contracted landscaping service.
General rules:
Working hours:
•
Contractors are only permitted on the estate from Monday to Friday
between 07h00 and 18h00.
•
Work is not permitted on Saturdays, Sundays and over public holidays.
•
all building work is suspended during the December shutdown period as
decided annually by VEHOA. The only exceptions to this are the estate
landscaping service and other landscapers as approved by the estate
manager.
Access Points / Access:
•
Contractors are only permitted to enter the estate through the Main Gate.
The driver of the vehicle must report to security.
•
All delivery vehicles must use Main Gate. The driver of the delivery
vehicle must report to security and show delivery note, which must
indicate clearly the owners name and erf number.
•
Overloaded trucks will not be allowed access.
•
Access will be permitted to all based on the following procedure:
36
○ the contractor will for all his workers and sub contractors advise
them to have a copy of their Identity document available to
hand to the gate guard.
○ the residential address and contact telephone numbers of the
person wanting to enter is to be written on the copy of the
identity document.
○ Failure by anyone to have the above information will be refused
entrance to the estate – NO EXCEPTIONS
Other:
•
a contractor or any of his employees is not permitted to walk on the
estate.
•
Changing and or washing in full view of public is not permitted.
•
the speed limited on the estate is strictly 20 km/h.
•
any wastage on roads, curbs and in the storm water system will be
cleaned by contractor at his expense as soon as possible.
•
it is the contractor's responsibility to ensure that all loads are secure.
•
the contractor is to ensure that at all times there is a supervisor on the
building site.
•
No contractor may allow any personnel to sleep on the Estate.
•
Security arrangements for private sites must be approved, in writing, by
the VEHOA.
•
Parking of vehicles is not permitted on pavements, verges and/or in such
a manner as to obstruct other vehicles and or pedestrians.
•
Contractor staff is not allowed to congregate outside the main gate
waiting for their employer or supervisor. All staff is to be picked up at an
area away from the estate and brought by vehicle to the main gate. At
the main gate they will alight, enter the estate and then be taken through
to their site.
•
Deliveries are not permitted before 08h00 and after 16h30. Deliveries
required after these hours must be pre arranged with the VEHOA and the
contractors is responsible to advise the guard at the gate, after approval
has been obtained.
•
Fines issued must be paid within 7 working days of issue, or access will
be suspended.
37