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BLUE MOUNTAIN VILLAGE HOME OWNERS ASSOCIATION Owners Rules and
1 BLUE MOUNTAIN VILLAGE HOME OWNERS ASSOCIATION An Association incorporated under Section 21 of the Company’s Act 1973 Registration No of the Company 2006/027010/08 ` Owners’ Rules and Regulations 2 INTRODUCTION 1. The main objective of the development of BLUE MOUNTAIN VILLAGE is to provide a safe and quality lifestyle for its residents. The objective of these rules is to protect the lifestyle of the residents . 2. A happy and harmonious community living is achieved when residents use and enjoy their private property as well as the public areas in BLUE MOUNTAIN VILLAGE in such a way to enable other residents to also use their facilities in a similar manner. 3. In the event of a dispute between residents the parties involved should use their best endeavors to settle the matter between them. Where the dispute cannot be resolved it should be referred to the Home Owners Association (HOA) for a final decision. 3 CONDUCT RULES 1. Use of the streets 1.1 The speed limit in the complex is 60km per hour. 1.2 Whilst children should be discouraged from playing in the streets and should rather play in the park areas, it is not forbidden for children to play in the streets or on the pavements subject to the following provisions: 1.2.1 1.2.2 1.2.3 1.2.4 No activity shall be permissible which causes a nuisance to the residents. Skateboards, Roller skates and similar devices may not be used in the streets. Owners are responsible for the control of their children, their visitors or occupants for any damage caused by them. The HOA, the Trustees, their agents, or servants shall not be liable for any death, injury, loss of, or damage to property suffered by any person regardless the nature thereof or the manner in which such death, injury loss or damage occurred. 1.3 the following rules shall apply to the parking of vehicles within the Village: 1.3.1 1.3.2 Vehicles shall not be parked in the street or on any portion of the street or in front of garages for any protracted period of time. The Visitors’ area shall only be used for the parking of cars of bona fide visitors. No permanent parking by residents will be allowed in the visitors’ parking area. 1.4 The use of vehicles including motor cycles which create excessive noise is prohibited in the Village. 2. Good neighbourliness 2.1 No hobby or any other activity which could cause aggravation or nuisance to the residents may be conducted from or within the property in the Village. 2.2 Owners and residents may not under any circumstances conduct business activities in the Village unless prior written consent has been obtained from the HOA after consultation with the surrounding owners. 2.3 The volume of sound in and arising from a dwelling from whatever source including radios, television sets, human voices, instruments, tools or telephones shall be on such a level so as not to be an inconvenience to adjoining properties. 2.4 Mechanical maintenance, including the use of power saws, lawn mowers or similar tools is only permitted between the following hours: May to August 08:00 to 17:00 September to April 08:00 to 18:00 2.5 Washing may only be hung on lines screened from the streets. Under no circumstances may any washing be hung out on balconies or over balcony railings. 2.6 All household refuse shall be deposited on the pavement before 08:00 on the collection days. The containers to be used will be specified in due course. 4 2.7 No garden refuse will be collected by the Council. This is the responsibility of the Owners to dispose of their garden refuse. 2.8 No advertisements may be exhibited by Owners or Residents without the consent of the HOA. 3. Ensuring a Pleasing Streetscape. 3.1 Every owner shall maintain the area within his property boundary, the garden service contractor, appointed by the HOA, will be responsible for all common areas in the Village. Garden doors, walls and buildings forming part of the streetscape and park areas shall be maintained and painted by the owners where and when necessary. Caravans, trailers, boats and tool sheds shall be sited out of view and screened from neighbouring properties. Building material shall not be dumped on the streets or Village pavements under any circumstances. In the event of a breach of this rule the HOA shall cause such material to be removed at the cost of the Owner of the property. No trees on sidewalks or park areas may be removed without permission of the HOA. Internal gardens shall be kept neat and tidy at all times. Garage doors shall be kept closed in so far as is necessary to provide egress and ingress. 3.2 3.3 3.4 3.5 3.6 3.7 4. Environmental Management 4.1 Owners, at their own cost should immediately remove all building and garden rubble. 4.2 Littering in the streets and open spaces is prohibited. 4.3 Picknicking is permitted in the park areas subject to the following” 4.3.1 4.3.2 A resident shall be present. Any litter shall be cleaned up by the persons involved. 4.4 Flora may not be damaged or removed from any park area or open space. 4.5 Residents shall ensure that declared noxious flora is not planted or growing in their gardens. Swimming pool water must be channeled into the storm water drainage system. Under no circumstances may swimming pool water be channeled into neighboring properties. Residents or their visitors who use the park areas do so, at all at their own risk. 4.6 4.7 4.8 No fireworks may be detonated without prior permission from the HOA. 5 5. Security 5.1 Burglar alarm systems in all houses are required to be compatible with the electronics of the Security System of the Village. 5.2 Residents occupying houses on the perimeter of the Village shall be responsible for ensuring that trees, plants and shrubs are trimmed in such a manner that foliage does not interfere with the electric fencing. 6. Occupants, Tenants, Visitors, Contractors and Employees 6.1 No house may be used as a commune. A house shall not be occupied by more than one family to a maximum occupancy of two persons for each bedroom in the house as shown on the building plan approved by the Local Authority. The residents of houses are liable for the conduct of their visitors, contractors, and employees and shall ensure that such persons adhere to the Conduct Rules. No domestic worker shall be allowed to reside on the property without prior authorization by the HOA . In the event of a residing domestic worker all visitors to such a worker shall leave the Village by 22:00. A request for more than one domestic worker to stay overnight on a regular basis, must be lodged for prior approval by the HOA. 6.2 6.3 7. Selling and Letting of houses 7.1 No Owner shall let or otherwise part with occupation of his house temporarily or otherwise unless; 7.1.1 he has concluded an agreement for the benefit of the HOA with the proposed occupier of the house, his family, invitees and servants, that they undertake to adhere to the rules 7.1.2 that the owner provides the occupiers with a copy of these rules Should an owner wish to let or sell his property, himself or through an estate agent he shall be obliged to advised the HOA accordingly. Should the owner fail to comply with rule 7.2 above the HOA shall have the right to restrain any agent from proceeding with any marketing activity in the Village on behalf of the owner. No owner may transfer his property without a clearance certificate issued by the HOA which satisfies that: 7.4.1 the owner is not indebted to the HOA in any respect with regard to levies, contributions or any other amounts, which the HOA may claim from him that the written agreement between the Owner and Purchaser has been submitted to the HOA, whereby the purchaser acknowledges that he has required, upon registration of the property in his name, to become a member of the HOA. 7.2 7.3 7.4 7.4.2 6 7.4.3 that the owner is not in breach of any of these rules and the HOA will in such instance be entitled to refuse the issue of the required clearance certificate. . 7.5 The HOA shall be entitled to charge a reasonable fee for issuing a clearance certificate. The owner selling, a property in the Village, shall ensure that the written agreement of sale contains the above mentioned clauses 7.4. 7.6 8. Additions and Alterations 8.1 No additions or alterations whatsoever to any building including the addition or replacement of blinds, awnings, T V aerials, satellite dishes, airconditioning units or any devices visible from the street or neighboring properties shall be effected without the prior written approval of the HOA. A full and accurate description of the proposed addition or alteration must be submitted to the HOA. The above rule does absolve the owner with complying with any requirements of the Local Authority. Garden doors, wall and buildings visible from the street or park areas may only be painted in the original colours used by the HOA. Any requests for change of colour scheme are subject to the prior written consent of the HOA. 8.2 8.3 8.4 Where additions or alterations are approved by the HOA, the right is reserved by the HOA, to impose a refundable deposit to cover the cost of any damage that might be caused to roads or property belonging to the HOA or other owners. 9. Pets 9.1 9.2 The Local Authority By-laws relating to pets will be strictly enforced. The residents of any house may keep a maximum of two small to medium sized dogs and two cats on their property. No poultry, pigeons, aviaries, wild animals or other livestock may be kept within the Village. Pets are not permitted to roam the streets or public areas. Pets shall at all times be walked on a leash in public areas The owner of any pet shall immediately remove any excrement deposited by the pet in a public area. Every pet shall wear a collar with a tag indicating the name, telephone number and address of its owner. The HOA is empowered to apprehend and hand over to the Municipal Pound any stray pet roaming the streets without an identification tag. The HOA may require an owner to make alternative arrangements for his pets should it become a nuisance in the Village. 9.3 9.4 9.5 9.6 9.7 9.8 7 10. Administration 10.1 All levies, contributions and charges towards the administration of the Village are due and payable on the first day of the month to the HOA. 10.2 Interest at the maximum rate permissible of the Usury Act may be raised on all overdue accounts. Accounts in three months in arrears will be handed over for legal collection. 10.3 The HOA may amend or add to these rules from time to time, as it deems necessary to ensure the orderly co-existence of residents in the Village. The HOA shall have the right to fine transgressors for the contravention of these rules. Such fines shall be regarded as income to the HOA. 10.4 11. Main Entrance Gate 11.1 The main entrance gate is a vehicle only entrance for residents and their visitors. Only residents will be allowed to use this entrance as pedestrians. The emergency gate will only be used for emergency situations and evacuations. This gate will be operative 24 hours per day. No delivery vehicles will be allowed through this gate. Any deliveries of whatever kind, will only be allowed during working hours through the contractors’ gate. 11,2 11.3 11.4 11.5 12 Contractors’ Gate 12.1 This entrance will not be used by residents or visitors at any time or as is decided by the HOA. This entrance will be in operation from 06:00 until 19:00 daily. All pedestrian visitors and daily workers must make use of this entrance. It will be the responsibility of the residents to collect their daily workers at the contractor’s entrance and to deliver them there at the end of the day’s work. No worker will be allowed to roam through the Village. All domestic workers must at all times, wear their identification tags. All contractors and delivery vehicles of whatever kind may only use this entrance and will not be allowed to use the main entrance gate. It will be the owner’s responsibility to ensure that their contractors and delivery vehicles are fully aware, as to where they can obtain access to the Village. It is further the residents’ responsibility to direct or meet their contractors or delivery vehicles and direct them to their property. All contractors will have to register for the duration of their contract before their first day of work in the Village. The owner will have to make the necessary arrangements with the HOA . 12.2 12.3 12.4 12.5 8 It is further the owner’s responsibility to ensure that the contractor signs the Contractor’s Code of Conduct prior to commencement of any construction work in the Village. 13 General 13.1 In the interpretation of these rules, unless the context otherwise indicates: “Articles” means the Articles of Association of the Blue Mountain Village Home Owners Association (as incorporated under section 21 of the Company’s Act 1973 Registration Number: 2006/027010/08). “Board of Directors” means the Board of directors appointed in terms of the Act. “Local Authority” means the George Municipality or its successor in title. “Owner” means the registered owner of a property in the Village. Words importing masculine gender shall include in feminine gender and vice versa. 13.2 These rules have been established in terms of the Articles of Blue Mountain home Owners’ Association. They are applicable to every Individual in the Village. 13.3 Any interpretation of the rules by the Board of Directors is final and binding. 13.4 These rules are subject to change by the Board of Directors of a General meeting of the HOA. 13.5 The HOA and the Board of Directors, including their agents or servants, shall not be liable for death, injury, loss of or damage to property suffered by any person whatsoever, regardless of the nature thereof or in the manner in which such death, injury, loss or damage occurred.
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