Rules & Regulations
Edited Version – March 2006
VILLA ROMA (VR) HOMEOWNER’S ASSOCIATION
CONDUCT RULES
INTRODUCTION
1. The rules have been established in terms of the Memorandum and Articles of Association of the (VR) Homeowner’s Association (HOA). They are binding upon all occupants of the estate, as is any decision taken by the Trustees in interpreting these rules. The main business which the association is to carry on is: To promote, advance, maintain and protect the communal interest of the owners and occupiers of the extension 73, 85, 86 and 87 Halfway Gardens, Midrand Township: and, in particular, in so promoting such communal interest to maintain and administer the communal financial interest and obligations of such owners and occupiers, to repair and maintain the areas situated outside the abovementioned areas as well as the access control gate and the boundary wall of the township and to ensure acceptable aesthetic, architectural and environmental standards in the said township and to promote and maintain recreational facilities within the township. To contribute towards the upkeep of the gatehouse and to pay all electricity consumed in respect of the operation of the access control gate.
2. These Conduct Rules are made within the context of the Memorandum and Articles of Association, which take precedence over the rules
3. The registered owners of the properties are responsible for ensuring that members of their families, tenants, visitors, friends and all their employees abide by these rules.
4. In the event of annoyances or complaints, the involved parties should attempt to settle the matter between themselves, exercising tolerance and consideration. In instances where problems cannot be resolved, the matter should be brought to the attention of the Trustees for arbitration and settlement.
5. In respect of the interpretation of these rules, the decision of the Trustees is final and binding.
6. These rules are subject to change from time to time.
7. It is the responsibility and in the direct interest of every resident of the complex to ensure that they, their visitors and other residents adhere to these rules and any frequent deviationsand/or violations should be reported in writing to the Home Owners Association.
USE OF THE STREETS
The streets in (VR) are for the movement of all residents, whether it be by foot, running shoe, roller skate, bicycle, motor cycle, light delivery vans or other acceptable means of mobility. Note that cars are considered to be part of the street environment, but not necessarily the dominating factor:
1. Speed limit is restricted to 20km per hour.
2. Parents are responsible for their children while playing in the streets of the complex (the HOA can not be held accountable or liable for any accident that may occur). The use of motor cycles or other vehicles with noisy exhaust systems, save for entering or exiting from (VR) is prohibited.
CONDUCT OF CHILDREN
1. Children playing and cycling at the entrance to the complex is strictly prohibited. Children must also not play too close to all road corners in the complex.
2. The playing of children and the riding of bicycles and the like, in the grounds of the complex, is entirely at the parents’ risk and no responsibility of whatever nature will be borne by the Homeowners Association for any accident or damage caused as a result of such activity.
3. Children are not permitted to interfere in any way with the performance of duty of the security guards, the gardener, garden services or any other approved contractor or visitor.
4. Parents of children who cause damage to any property in the complex, either by accident or by way of vandalism, will be held responsible for the repair thereof.
PARKING
Due to the limited parking space inside the complex, the following process is to be followed in ensuring that the space available is utilized to its optimum, without restricting access to other owners’ properties and without any damage to the aethstetic or environment of the complex:
- Following a review of the available parking space per unit, the Trustees will issue a list stating the maximum number of vehicles that each respective unit may accommodate in terms of parking.
- Any number of vehicles over and above that on the list, may only enter the complex provided that the host owner has obtained the prior consent of his/her adjoining neighbours to use their parking (and has communicated this to the guard at the front gate who will control access per the list above), within the limits allowed to them on the list.
- All visitors not falling in category a or b above, will be required to park on the pavement outside the complex
GOOD NEIGHBOURLINESS
“Do unto others as you would have them do unto you”.
1. No hobby which would cause aggravation or nuisance to fellow residents may be conducted.
2. The volume of music or electronic instruments, partying and other noises should be tuned to a level so as to comply with local authority bye-laws at the following times:
· After 22h30 on weekdays
· After midnight on weekends.
To effect good neighbourliness, owners should consult with their neighbours prior to hosting a party or a get-together.
3. The mechanical maintenance and the use of power-saws, lawn mowers and the like (electric mowers are preferred), should only be indulged between the hours:
· May – August : 07h30 – 18h00
· September – April : 07h00 – 19h00
· Sundays : only between 08h00 – 18h00
4. Washing should only be hung on lines screened from the street and neighbours.
5. Refuse bins will be collected outside each unit on the prescribed day of Municipal collection and returned to the respective units after the refuse is collected. This requires that each unit has a refuse bin, bearing the unit’s number.
6. No advertisements or publicity material may be exhibited or distributed without the consent of the HOA.
7. The use of fireworks at any time is not permitted.
ENSURING A PLEASING STREETSCAPE
The collective pride of (VR) will depend to a considerable extent on the contribution of every owner in doing his bit to create and maintain a neat and pleasing streetscape.
1. Every owner has the option to (VR) to maintain the area between the road kerb and the boundary of his property above a standard as prescribed and paid for by the HOA. If the owner exercises this option he must notify the HOA in writing.
2. Every owner may, with the prior approval of the Trustees (subject to rules under adhering to architectural standards), at their own cost, pave their verges in order to provide parking in terms of the parking rules below. Since this may have an impact on the aesthetic appearance of the complex, this would only be allowed in the side roads of the Complex.
3. Garden walls and outbuildings forming part of the streetscape should be maintained and painted where necessary in consultation with the HOA otherwise the HOA will have the wall repaired or painted and the cost charged to the owner.
4. Arising from limited space in the complex, caravans, trailers, boats, small Wendy houses, tool sheds, equipment, tools, engine and vehicle parts or any other structure should be sited out of view. In addition to this no communal property of the complex should be used for these purposes.
5. No trees, plants or sidewalk lawn may be removed without the permission of the HOA. Planting should not interfere with pedestrian traffic or obscure the vision of motorists.
6. Gardens must be kept neat and tidy at all times failing which the HOA shall have the right to clean the garden at the cost of the owner.
7. The properties within the complex may, under no circumstances, portray an image that in the opinion of the Trustees of the Homeowners Association could in any way harm the overall image of the complex.
ADHERING TO ARCHITECTURAL STANDARDS
Building according to approved standards obviates the necessity of making costly changes at a later stage.
1. All building plans should be in accordance with the Design Standards stipulated by the developer applicable to (VR) and must be approved by the HOA prior to Municipal submission and approval. This applies to any additions and alterations to existing structures as well.
2. All front garden walls must match the basic materials of the residence and be approved by the HOA, with regard to both material and dimensions. Particular attention will be paid to high walls screening the entire frontage of properties.
3. Lean-to’s will not be allowed. Carports will only be allowed if approved by the HOA.
4. Roofing materials for patios and outbuildings must be approved by the HOA.
5. No construction containing shade cloth will be allowed.
6. No owner or tenant shall paint any external part of their property any colour other than the approved complex colours. The Home Owners Association has approved paint suppliers to ensure the uniformity of colours and it is required that complex colours be sourced from these suppliers.
7. No owner or tenant shall alter or add to the exterior of any property without the prior written consent of the Homeowners Association. This applies to the exterior walls, the fitting of any gates and awnings as well as any other addition and/or alteration visible from the outside as the properties are required to be uniform in style and colour.
PROCEDURE FOR BUILDING PLAN APPROVAL
1. Depending on the nature of the alteration or addition, written consent from the owners of affected neighbouring units (as determined by the Homeowners Association) may also be required. Where this consent is not unanimous, the objection(s) will be considered by the Committee. The decision of the Trustees will be final and binding.
2. Where applicable, plans will be approved by the Homeowners Association, and a consent letter will be issued by the H.O.A. to be submitted with the plans to the City Council. A copy of the unapproved plan must be lodged with the Homeowners Association.
3. Once plans have been approved by the City Council, a copy of the approved plan must be lodged with the Home Owners Association.
4. An approval letter, permitting the owner to commence building will be issued, subject to the payment of a verge deposit of R500.00 and agreement of the duration of the building operations. Where granted, permission for use of the pavement area for the temporary storage of building materials (under extreme circumstances) will be detailed.
5. Security will not allow access to the complex to any builder or building material supplier, or owner, entering with building material, unless authorised by the Home Owners Association.
CONDITIONS WITH REGARD TO BUILDING/CONTRACTOR ACTIVITY
1. The primary intention of the provisions hereunder is to ensure that all building activity occurs with the least possible disruption to residents. In the event of any uncertainty, residents and/or their contractors are most welcome to contact the Managing Agent.
2. The conditions governing building activities that are set out in this document are rules adopted by the Home Owners Association and are therefore binding on all residents, their contractors and sub-contractors. Furthermore, all residents are obliged to ensure that their building contractors and sub-contractors are made aware of the conditions and comply strictly with them. Residents are, therefore, required to include the conditions in their entirety in any building contract concluded in respect of property in the village. No building contractor delivering building materials will be allowed access to the complex unless permission has been approved by the Villa Roma Homeowners Association committee, and the guard is in possession of such approval letter. Owners and tenants are required to comply with the conditions regarding complex architecture and the process for building plan approval. The Homeowners Association reserves the right to monitor building operations, via the Managing Agent or Building Trustee, in order to ensure building compliance with approved plans. This will be done in consultation with the owner. The Homeowners Association has the right to suspend any building activity in contravention of any of the conditions and it accepts no liability whatsoever for any loss sustained by a resident as a result thereof.
3. All contractors and/or contractor’s sub-contractors, are required to submit information regarding their and their workers details to the Managing Agent who will ensure that security vetting is conducted. This information will be lodged at the guardhouse and only then will the guard grant access.
4. Contractor activity is only allowed during the following public times:
07h00 – 17h00 - Weekdays
08h00 – 16h00 – Saturdays
NOTE: No contractor activity is permitted on Sundays and Public Holidays without special permission, as these days are viewed as private time.
5. Employees of Contractors must be supervised at all times, and they are not permitted to roam the complex without reason.
6. The contractor shall provide facilities for rubbish disposal and ensure that the workers use the facility provided and that the rubbish is removed regularly and no burning takes place on site.
7. The dumping of materials, building or rubble, will not be permitted on any grassed pavement areas outside the complex, at the guardhouse or areas adjacent to the complex.
8. Where materials are off-loaded by a supplier encroaching onto the pavement or roadway, the contractor must move these materials onto the site. Where possible, no material must be allowed to remain on the roadway or pavement, or to obstruct traffic flow, and it is the contractor and owner’s responsibility to clean the roadway of all such materials. The same applies to sand or rubble washed or moved onto the road during building operations.
9. The owner and the contractor shall be responsible for damage to kerbs, grass and plants on the sidewalks and/or damage to private or complex property. The R500.00 Verge Deposit will be refunded pending no damage caused, and clearance thereof by the Building Trustee. Where repairs to any verges are required, these will be effected by the Homeowners Association and will be deducted from the Verge Levy. The balance will then be refunded.
10. Building operations are subject to a completion deadline, and all rubble and building materials must be removed by the agreed date, and all painting work completed. Any extensions required, due to unforeseen circumstances, need to be approved by the Building Trustee.
11. Deliveries of building materials from suppliers must be scheduled in public times only.
12. It is incumbent on the resident and contractor to provide toilet facilities for the workers.
13. No building boards or advertising boards may be erected either inside or at the entrance to the unit or complex.
14. The owner and the contractor shall be responsible for damage to kerbs, grass and plants on the sidewalks and/or damage to private or complex property. The above document is fully understood and the contractor and the owner undertake to comply with the above points, in addition to any further controls, which may be instituted by the Villa Roma Home Owners Association from time to time in the form of a written notification, and to ensure compliance by any sub-contractors.
ENVIRONMENTAL MANAGEMENT
“The degree of environmental care exercised by a community says much of the level of culture and refinement attained by the said community”. (Unknown citizen of Pompeii).
1. No rubble or refuse should be dumped or discharged on any street in (VR).
2. A particular appeal is made to residents to leave the streets in a cleaner condition than that in which it was found. Residents are requested to develop the habit of picking up and disposing of any litter encountered in the streets.
3. Residents must ensure that declared noxious flora is not planted or growing in their gardens.
4. Swimming pool water may not be emptied into the storm-water system but must be channelised into the sewer system.
SECURITY
“Every time you break security protocol and regulations you are making it easier for criminals to do the same” (Ex cop).
1. The security guards are doing a difficult job. They may not be abused under any circumstances!
2. Security protocol at the gate must be adhered to at all times.
3. Every owner must request visitors to adhere to security protocol and residents are requested to always treat the security personnel in a co-operative and courteous manner.
4. Every owner must ensure that contractors in his employ adhere specifically to the security stipulations of the HOA.
5. All attempts at burglary or instances of fence jumping must be reported to a member of the security staff and/or Security Sub-Committee.
6. Security is an attitude, be aware that you need to enforce and apply security to make it work.
NOTE: We advise all residents to install a home security system as soon as possible after taking occupation of their homes and to link the system to the response company appointed by the HOA. This is as a consequence of HOA being responsible for securing the perimeter of the complex but each individual owner is responsible for the security of his property.
7. (VR) will be manned 24 hours a day and residents, when issued with security stickers, should attach the stickers to motor vehicle windscreens.
8. The security centre at the gatehouse should be advised in advance of pending arrival of visitors, where possible, in particular vehicle registration numbers and property to be visited should be provided.
9. (VR) will be patrolled by security guards as necessity arises.
TENANTS, VISITORS, CONTRACTORS AND EMPLOYEES
In the final analysis, the responsibility to enforce the House Rules, rests with the owner:
1. Should any owner let his property, he shall, in writing, advise the HOA in advance of occupation of the name of the Lessee and the period of such lease. The owner shall inform the Lessee of all House Rules and other rules and bind the Lessee to adhere to such rules.
2. The occupiers of any property within (VR) are liable for the conduct of their visitors, contractors and employees and must ensure that such parties adhere to the House Rules.
LETTING AND RE-SELLING OF PROPERTY
The concept of (VR) imposes certain restrictions on the manner in which Estate Agents may operate in (VR). In order to ensure that the rules that are peculiar to (VR) and that regulate ownership and occupation of (VR) are made known to new residents, the following rules relating to the re-selling or letting of property shall apply:-
1. Should an owner want to sell or lease his property, only an accredited Estate Agent may be selected to manage the sale or lease. If an owner wishes to sell or lease his property privately, the same procedures and protocols adhered to by an accredited Estate Agent must be followed.
2. A Clearance Certificate must be obtained from the Homeowner\'s Association at the current cost of R200-00 prior to any transfer.
3. Any approval granted to the Seller (in the case of a resale) or Lessor, prior to the time of sale or lease must be communicated to the Buyer or Lessee at the time of purchase or lease. Failing this, the Buyer or Lessee will have recourse against the Seller or Lessor.
4. The Seller or Lessor of a property in (VR) shall ensure that the sale/lease agreement contains the following clauses:
A. SALE
1. Homeowner’s Association The Purchaser acknowledges that he is required upon registration of the property into his name, to become a member of the (VR) Homeowner’s Association and agrees to do so subject to the Memorandum and Articles of Association of such Association.
2. Conditions of Title The Seller or Lessor shall be entitled to procure that, in addition to all other conditions of tile and/or subdivision referred to above, the following conditions of title be inserted in the Deed of Transfer, in terms of which the Purchaser takes title to the property: “SUBJECT to the following conditions imposed and enforceable by and in favour of THE (VR) HOMEOWNER’S ASSOCIATION (hereinafter referred to as “the Association):
a) The owner of this erf or of any subdivision thereof shall not be entitled to transfer the erf or any subdivision thereof or any interest therein without the prior written consent of the Association which shall not be withheld if all monies due to the Association, to date of transfer, by the owner, have been paid.
b) Every owner of an erf or of any subdivision thereof or of any interest therein shall automatically become and shall remain a member of the Association and be subject to it’s constitution until he/she/it ceases to be owner as aforesaid. Neither the erf nor any subdivision thereof nor any interest therein nor any unit here on shall be transferred to any person who has not bound himself/herself/itself to the satisfaction of such Association to become a member of the Association. The term “Association” on the aforesaid conditions of title shall mean THE (VR) HOMEOWNER’S ASSOCIATION (Association incorporated under Section 21 of Act 61 of 1973, No 2003/013989/08)”.
c) The Seller must personally ensure that the Buyer is informed about and receives a copy of the House Rules and any other administrative regulations applicable at the time.
B. LEASE/SALE
1. The Lessee acknowledges that occupation of his premises, he and his family, his visitors and servants shall adhere to the rules and regulations as contained in this document.
2. The Lessor must personally ensure that the Lessee receives a copy of the House Rules and any other administrative regulations applicable at the time and binds his Lessee to the rules and regulations in the lease.
NOTE: ACCREDITATION OF ESTATE AGENTS
1. 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 (VR) 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 (VR) and after having been inducted with respect of the concepts, rules and conditions under which a buyer and/or lessee purchases and/or leases the property in (VR).
2. Only standard “For Sale” or “Sold” boards approved by the Midrand Town Council from time to time will be allowed at the gate outside the property and on the pavement by the guardhouse.
PETS
Let your pet not be a bone of contention between you and your neighbours.
1. The Local Authority bylaws relating to pets will be strictly enforced.
2. Without the written approval of the (VR) Homeowner’s Association, no person may keep more than two pets on the property.
3. No poultry, pigeons, aviaries, wild animals or livestock may be kept on property in (VR).
4. No pets are allowed to roam the streets. 5
. Should any excrement be deposited in a public area, the immediate removal thereof shall be the sole responsibility of the proud owner of the pet.
6. Every pet must wear a collar with a tag indicting the name, telephone number and address of it’s owner. Stray pets without identification tags will be apprehended and handed to the Municipal Pound.
7. The HOA reserves the right to request the owner to remove his pet should it become a nuisance within (VR).
ADMINISTRATION
1. All members of the Homeowner’s Association shall make contributions to a levy fund which shall be utilized for the maintenance, upkeep, control, management, administration and safety of the complex, provision will be made for future maintenance and repairs and upkeep. Levies become due from the date of registration of the property concerned.
2. All levies are due and payable in advance on the first day of each and every month.
3. Owners whose levies and/or other charges which have not been paid in full by the first day of the month on which they are due, will receive a reminder and R100-00 in administration fees and penalty will be charged to owners who remain in arrears after the seventh day of the month. Should the account still be in arrears on the first day of the following month, finance charges at the maximum rate permitted by the Usury Act, at the time, will be levied.
4. Owners whose levies remain in arrears after 60 days will be handed over for collection and the full costs of such collection shall be debited to their Levy account.
5. The Trustees may amend or add to the House Rules from time to time (within the powers afforded them by the Memorandum and Articles of Association), as may be deemed necessary to ensure the happy and orderly co-existence of residents.
6. The Trustees have the right to fine transgressors where any of the rules, as stipulated by the HOA from time to time have been broken. Such fines will form part of the levy and be due and payable on the due date of payment of the levy.
7. The procedure followed by the Trustees in issuing warnings and levying fines is as follows:
a. On the receipt of a written complaint regarding an alleged transgression by an owner, the Trustees will institute an investigation to gather the relevant information and to listen to both sides of the story. The Chairman will appoint a Trustee to preside as Chair over the hearing.
b. The Trustees will then call a hearing at which (based on the balance of probabilities) a finding will be made by the Trustee presiding as Chairman of the hearing. The Chairman will take into account the severity of the transgression and the history of previous offences. Failure of either party to appear at the hearing will result in a decision being made in absentia.
c. Should the transgressor be found guilty of the alleged offense, the Trustees will issue a warning letter (with or without remedy of the breach). This warning holds for six months and should the transgressor be found guilty on an offense of a similar nature within that period, the Trustees will levy a fine equivalent to one month’s levy which may double for each succeeding similar offence of the same nature.
d. Should an owner wish to appeal the outcome of a hearing he/she may do so in writing to the Chairman, within seven days of the hearing. The Chairman will then convene a committee of three Trustees for that purpose, which shall then adjudicate upon the issue at such time and in such manner and according to such procedure as described above and as the Chairman may direct. This committee’s decision is final and binding.
8. Should a difference between the HOA and an owner not be resolved along normal avenues and litigation ensues, the owner and the Trustee consent to the jurisdiction of the Magistrate’s Court.
March 2006
