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Building Regulations (PDF) by sdsdfqw21

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									                    Home Owners Association



            RULES AND REGULATIONS
     AND ARHCITECTUAL GUIDELINES
      REVISION 2 – SEPTEMBER 2010




NB: This revision replaces all previous documents on the Rules and Regulations as
                well as Architectural Guidelines of Irene View Estate.


BANKING DETAILS:                                 Registration No. 2003/000026/08
Irene View Estate                               Website: www.ireneviewestate.com
Bank: FIRST NATIONAL BANK
Account No: 6210 657 2234
Branch code: 25 72 55
                                          RULES AND REGULATIONS

1    INTRODUCTION

    1.1        The objective of the Irene View Home Owners' Association is the provision of a
               high quality lifestyle for residents, and the intention of these rules is the
               protection of this lifestyle. Harmonious community living is achieved when
               residents use and enjoy their private property as well as the public areas of the
               estate.

    1.2        The rules will be ratified in terms of the Memorandum and Articles of Association
               of the Irene View Home Owners' Association. They are binding upon all
               occupants of the estate, as is any decision taken by the Trustees in interpreting
               these rules.

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

    1.4        These rules are subject to change from time to time.

2    ADMINISTRATION

     2.1       All contributions are due and payable in advance on the first day of each and
               every month.

     2.2       Interest will be levied on arrear accounts.

     2.3       A further penalty, monetary and/or other to be determined from time to time,
               will be imposed on any account unpaid after 60 days.

     2.4       The Trustees may amend or add to the rules from time to time, as may be
               deemed necessary to ensure the happy and orderly co-existence of
               occupants as per the Articles of Association of the Irene View Home Owners
               Association.

     2.5       The Trustees have the right to fine transgressors where any of the rules as
               stipulated by Irene View Home Owners' Association have been contravened.
               Such fine will form part of the contribution and is due and payable on the due
               date of payment of the contribution.

     2.6       Irene View Home Owners Association reserves the right to deactivate remotes
               for security transgressions and/or overdue accounts.

3    ENVIRONMENTAL MANAGEMENT

     3.1       No building rubble or refuse should be dumped or discarded in any public
               area or on undeveloped stands.

     3.2       A particular appeal is made to residents to leave open spaces they visit,
               spotless. Residents are requested to develop the habit of picking up and
               disposing of any litter in the open spaces.


Irene View Home Owners Association – Rules and Regulations   Page 2 of 24     Revision 2, September 2010
     3.3       Flora may not be damaged or removed from any public area.

     3.4       Fauna of any nature may not be chased or trapped be it by people or by
               animals.

     3.5       No trees, plants or sidewalk lawn may be removed without the permission of
               the Irene View Home Owners' Association.

     3.6       Residents must maintain a high standard of garden frontage and pavement
               maintenance.

     3.7       Residents must ensure that there is no declared noxious flora in their gardens.

     3.8       Residents are recommended to plant indigenous flora and can approach
               specialists from the area for advice.

     3.9       Swimming pool water may not be emptied onto the grass areas but must be
               channelled into the storm water system.

     3.10      Vacant stands must be kept clean on a regular basis to the satisfaction of the
               Irene View Home Owners' Association, and if not maintained, the Irene View
               Home Owners' Association reserves the right to clean the stand at the owner's
               expense.

     3.11      The resident's use of open areas is entirely at their own risk at all times.

     3.12      The members will strictly comply with the terms of the Risk Management Plan to
               be implemented by the Irene View Home Owners' Association whereby the
               integrity of the wet services in the estate can be monitored, recorded and
               managed in terms of the guidelines provided by the Council for Geosciences.

4    THE STREET SCAPE

     4.1       Every owner must maintain the area between the road curb and the boundary
               of his property.

     4.2       Garden fences/walls and outbuildings forming part of the street scape must be
               maintained and painted where necessary. If not, the Irene View Home Owners'
               Association will have the area repaired / painted and the cost plus penalty
               charged to the owner.

     4.3       Building material may not be dumped on the sidewalks under any
               circumstances.

     4.4       Plants and other features should not interfere with pedestrian traffic or obscure
               the vision of motorists.

     4.5       Residents are responsible for maintaining lawns, trees, plants and shrubs
               planted on their pavements by the Irene View Home Owners' Association.

     4.6       Caravans, trailers, boats, Wendy houses, equipment, tools, engine & vehicle
               parts as well as accommodation for pets should be sited out of view and
               screened from neighbouring properties and the street. If this rule is disregarded

Irene View Home Owners Association – Rules and Regulations   Page 3 of 24        Revision 2, September 2010
               a warning will be issued and rectification should be effected within 48 hours. If
               such rectification is not done within the giving time frame a fine will be
               incurred.

5    STREETS WITHIN THE ESTATE

     5.1       The streets of Irene View are for the movements of all occupants, whether by
               foot or mechanical means. Cars are considered to be part of the street
               environment, but not necessarily the dominating factor:

               •      The speed limit is 30km per hour.
               •      Engine powered vehicles are only allowed to be driven in the streets of the
                      estate.

     5.2       Pavements are off-limits;

     5.3       Pedestrians enjoy the right of way and motorists should always be cautious;

     5.4       Notwithstanding the above, the Gauteng Road Traffic Ordinance is still in force;

     5.5       Unlicensed vehicles and unlicensed drivers are strictly prohibited.

6    GOOD NEIGHBOURLINESS

     6.1       No business activity or hobby, which would cause aggravation or nuisance to
               fellow residents, may be conducted, including but not restricted to auctions
               and jumble sales.

     6.2       No activity causing noises which is disturbing to neighbours will be allowed.

     6.3       Mechanical maintenance and the use of power saws, lawn movers and the
               like (electric mowers are preferred), should only be indulged between the
               following hours:-

               May - August: 07:00 - 18:00                   September - April: 07:00 - 19:00

     6.4       Washing should be hung on lines screened from the street and neighbouring
               properties.

     6.5       Refuse and garden refuse must be contained in approved bins. Bins may not
               be placed on the pavement, except if it will be removed within a period of 8
               hours.

     6.6       Refuse and garden refuse may not be dumped on open / undeveloped
               stands. A fine will be levied to offenders.

7    DEVELOPMENT GUIDELINES

     7.1       All building plans should be in accordance with the Architectural Guidelines
               applicable to the estate, and must be approved by the Architectural Sub-
               committee. This includes any additions and alterations to existing structures.



Irene View Home Owners Association – Rules and Regulations   Page 4 of 24                   Revision 2, September 2010
     7.2       Architectural Guidelines are attached as "Annexure B – Architectural
               guidelines". Only building plans drawn by an Architect registered with the SA
               Architects Board will be allowed.

8    MISCELLANEOUS ARCHITECTURAL GUIDELINES

     8.1       Solar heating panels, if used should be incorporated into the buildings to form
               part of the basic structure and should be clearly shown and annotated on
               drawings.

     8.2       Outbuildings and additions should match the original design and style of the
               original plan.

     8.3       Staff accommodation and kitchens should open onto screened yards or
               patios.

     8.4       The privacy of surrounding properties should be considered. As a general rule
               no windows or balconies on the upper story should overlook the “living space”
               (for example, the swimming pool) of adjacent dwellings. All exposed plumbing,
               waste pipes and washing lines should be fully screened from street or adjoining
               properties.

     8.5       External burglar bars and security gates will not be permitted unless
               incorporated in the overall design.

     8.6       House numbers should be clearly visible from the street.

     8.7       All external finishes and colours should be specified, and colour samples may
               be requested.

9    SECURITY

     9.1       Security protocol at the gate must be adhered to at all times;

     9.2       Every owner must conscientiously enforce the security protocol for permanent
               workers, temporary workers, contract representatives and their employees;

     9.3       Every owner must ensure that all contractors in his/her employ adhere
               specifically to the security stipulations of the conditions with regard to
               contractor activity.

     9.4       Perimeter walling and fencing serve as a deterrent and are not guaranteed.
               All attempts at burglary or instances of fence jumping must be reported to a
               member of the security staff, and/or sub-committee.

     9.5       Security is an attitude, all owners and residents need to enforce and apply
               security to make it work. Do not hesitate to question suspicious persons.

     9.6       Should residents install burglar alarm systems to their residences, they are
               required to be compatible with the electronics of the estate security system.

     9.7       All interaction with security personnel must be done in a courteous manner;
               verbal abuse will not be tolerated.

Irene View Home Owners Association – Rules and Regulations   Page 5 of 24   Revision 2, September 2010
     9.8       Owners relocating outside Irene View Estate are obliged to have their remotes
               deactivated by the Estate Manager.

10 VISITORS, CONTRACTORS AND EMPLOYEES

     10.1      The occupiers of any property within the estate are liable for the conduct of
               their visitors, contractors and employees, and must ensure that such parties
               adhere to the rules.

     10.2      Every owner must ensure that contractors in his employ adhere to the
               stipulations of the conditions with regard to contractor activity.

11 PETS

     11.1      The local authority bylaws relating to pets will be strictly enforced.

     11.2      No poultry, pigeons, birds, wild animals or livestock may be kept on the
               properties and no cages may be constructed for this purpose.

     11.3      No pets are allowed to roam the streets.

     11.4      Pets must be walked on a leash in public areas.

     11.5      Should any excrement be deposited in public areas the immediate removal
               thereof shall be the sole responsibility of the owner of the pet.

     11.6      Every pet must wear a collar with a tag indicating the name, telephone
               number and address of the owner. Stray pets without identification tags will be
               apprehended and handed to the Municipal Pound.

     11.7      The Irene View Home Owners' Association reserves the right to request the
               owner to remove his / her pet should it become a nuisance.

12 LETTING AND RESELLING PROPERTY

     12.1      Should any owner want to let or resell the property, he shall advise the Irene
               View Home Owners' Association in writing in advance.

     12.2      Prospective Estates Agency must register with Irene View Home Owners’
               Association in order to operate within the Estate. The Application Form can be
               obtained on the Irene View website (www.ireneview.co.za).

     12.3      Only the owner or an accredited Estate Agent approved by the Irene View
               Home Owners' Association may be selected to manage the sale or lease.
               Agents my only operate on "an appointment" basis, and must personally
               accompany a prospective buyer or Lessee and are not allowed to erect any
               "For Sale" or "To Let" signage boards.

     12.4      The accredited agent must ensure the Buyer or Lessee is informed about and
               receives a copy of the Rules and Regulations and Architectural Guidelines and
               any other administrative regulations and conditions applicable at the time with
               regards to Building Contractor activity.

Irene View Home Owners Association – Rules and Regulations   Page 6 of 24      Revision 2, September 2010
     12.5      A clearance certificate must be obtained from the Irene View Home Owners'
               Association.

     12.6      Any approval granted to the seller (in case of 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 the Lessee will have recourse
               against the seller or lessor.

     12.7      Residents are responsible to ensure communication to the Estate Manager,
               insofar their intension to market their property.

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

               SALE

               (a) Irene Home Owners’ Association:
                   The purchaser acknowledges that he/she, upon registration of the property
                   into his/her name automatically becomes a member of the Irene View
                   Home Owners' Association and agrees to do so subject to the
                   Memorandum and Articles of Association.

               (b) Conditions of Title:
                   The Seller shall procure that, in addition to all other conditions of title 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 transfer of the
                   property: "Every owner of the erf, or any subdivision thereon or any interest
                   herein, or any unit thereon, shall be subject to its constitution until he
                   ceases to be an owner as aforesaid. Neither the erf, nor any subdivision
                   thereof, or any interest herein, nor any unit thereon, shall be transferred to
                   any person who has not bound himself to the satisfaction of such
                   Association to become a member of the 'Home Owners' Association'. The
                   owner of the erf, or any subdivision thereof, or any interest therein or any
                   unit thereon, shall not be entitled to transfer the erf or any subdivision
                   thereof, or any interest or any unit thereon, without a clearance certificate
                   from the Home Owner's Association that the provision of the Articles of
                   Association have been complied with".

                     The term "Home Owners' Association” in the aforesaid conditions of title,
                     shall mean the Irene View Home Owners' Association (Incorporated
                     Association not for gain). In event of the Registrar of Deed requiring the
                     amendments of such conditions, in any manner in order to affect
                     registration of same, the purchaser or same hereby agrees to such
                     amendment.

               LEASE

               (a) Conditions of Leasing:
                   The Lessee acknowledges upon occupation of the premises, he/she and
                   his/her visitors and servants shall adhere to the rules and regulations as
                   contained in the Rules and Regulations of the Irene View Home Owners'
                   Association.

Irene View Home Owners Association – Rules and Regulations   Page 7 of 24       Revision 2, September 2010
     12.9      The seller or lessor of a property must personally ensure that the buyer or lessee
               is informed about and receives a copy of the Rules and Regulations and
               Architectural Guidelines and any other administrative regulations applicable at
               the time.

13 INDEMNITY

     13.1      The resident's use of the open space areas in entirely at their own risk at all
               times. Every member of the Association hereby waives any right he/she may
               obtain against the Association to claim any damage incurred by virtue of
               damage to or loss of property or the personal injury of the member occasioned
               while anywhere in the development. Every member indemnifies the Association
               against any such claim made by the member's spouse, child, parent, servant,
               guest or invitee.

14 NOTICES

     14.1      Any written notice addressed to an owner or occupant at the property
               occupied or owned will be deemed to have been received and its contents to
               have come to the addressee's notice if it is (at the volition of the Association)
               either delivered at the property to any person seemingly in occupation of the
               property and seemingly fourteen years of age or older or it is attached to or
               slotted under what appears to be the main entrance door to the premises or it
               is posted by prepaid registered mail to any postal address of which the owner
               may be advised the Association in writing, then 10 days after posting thereof in
               Pretoria.

15 BOUNDARY WALL(S) / FENCE

     15.1      Each erf situated on any boundary of the estate will be made subject to the
               HOA seller's right (which was ceded to the Association by the developer) to
               have the boundary wall and regulations or fence of the development erected
               on the erf. The erection thereof will be done in such a way as to ensure the
               minimum encroachment onto the erf, but the specification and dimensions of
               the wall or fence are in the discretion of the seller, provided the height and
               width thereof is reasonable, bearing in mind the security purpose thereof. The
               HOA Association is entitled at all times to enter upon the relevant erven in the
               estate on which the security wall and/or fences is/are erected in order to
               maintain and/or repair and/or replace such wall and/or fence or to inspect it.

     15.2      All residents or owners of these erven mentioned in (14.1) above must at all
               times ensure that any foliage near to the electric fence MUST BE CLEARED AT
               ALL TIMES. If this rule is disregarded a warning will be issued and rectification
               should be effected within 48 hours. If such rectification is not done within the
               given time frame, a fine will be incurred.




Irene View Home Owners Association – Rules and Regulations   Page 8 of 24    Revision 2, September 2010
    ANNEXURE A: CONDITIONS WITH REGARD TO BUILDING
                  CONTRACTOR ACTIVITY
The Irene View Home Owners' Association, the representative of the residents of Irene
View, has adopted certain rules relating to building contractor activity in the estate. The
primary intention of the provisions hereunder is to ensure that all building activity at Irene
View occurs with the least possible disruption to residents. In the event of any
uncertainty, residents and/or their contractors should contact the Irene View Home
Owners' Association.

1     LEGAL STATUS

       The conditions governing building activities, which are set out in this document, are
       rules adopted by the Irene View Home Owners' Association and are therefore
       binding on all residents, their professionals, contractors and sub-contractors in any
       building contract concluded in respect of the property in the estate and all such
       contracts may be required to be submitted to the Irene View Home Owners'
       Association for prior approval. The Irene View Home Owners' Association has the
       right to suspend any building activity in contravention of any of the conditions and
       the Irene View Home Owners' Association accepts no liability whatsoever for any
       losses sustained by a resident as result thereof.

2     CONDITIONS REGARDING BUILDING CONTRACTOR ACTIVITY:

     i.    Contractor activity is only allowed during the following public hours:

           1 August – 30 April                        :            07h00 -18h00   Weekdays
                                                                   07h00 -13h00   Saturdays
           1 May – 31July                             :            07h00 -17h00   Weekdays
                                                                   07h00 -13h00   Saturdays
           Note: No contractor activity is permitted on Sundays and Public Holidays without
           special permission, as these days are viewed as private time. Special
           applications for contractor activity during private time must be lodged with the
           Irene View Home Owners' Association, together with the approval of all
           adjacent neighbours, one week prior to the required private time activity.

     ii.   Easter weekend and long weekends (beginning on a Friday or ending on a
           Monday). No work on that specific Saturday.

    iii.   All contractors’ workers and/or the contractor's sub-contractor workers must
           comply with security arrangements.

    iv.    The site is to be kept as clean and neat as possible, the contractor shall provide
           facilities for rubbish disposal, ensure that the workers use the facility provided
           and ensure that the rubbish is removed weekly and not burnt on site.

    v.     Where materials are off-loaded by a supplier encroaching onto the pavement
           or roadway, the contractor must move these materials onto the site. No material
           must be allowed to remain on the roadway or pavement and it is the
           Contractor and Owner's responsibility to clean the roadway of all such materials.

Irene View Home Owners Association – Rules and Regulations        Page 9 of 24                Revision 1, July 2008
Annexure A - Conditions with regard to building contractor activity
           The same applies to sand or rubble washed or moved on the road during
           building operations.

   vi.     Deliveries from suppliers must be scheduled during the times in Clause 1 above.

  vii.     The contractor must provide toilet facilities for the workers, which may not be
           visible from any street or roadway within the Estate.

  viii.    Building boards may only be erected if they comply with the Irene View Home
           Owners' Association standards, details of which are available from the Irene
           View Home Owners' Association. Such boards are not to be erected on the
           pavement. No sub-contractors boards are allowed. All boards must be removed
           after completion of construction.

   ix.     The owner and the contractor shall be responsible for damage to kerbs and/or
           plants on the sidewalks and/or damage to private or estate property.

    x.     If the conduct of the Contractor and/or sub-contractor causes any concern to
           the Irene View Home Owners' Association, the Irene View Home Owners'
           Association may rectify as deemed necessary and/or reserve the right to
           suspend building activity until such undesirable conduct is rectified. The Irene
           View Home Owners' Association is empowered to act at any time and without
           notice, and without recourse from the owner and/or contractor and/or sub-
           contractor.

   xi.     The above document is fully understood and the contractor and owner
           undertake to comply with the above points, in addition to any further controls
           which may be instituted by the Irene View Home Owners' Association from time
           to time in the form of a written notification, and ensure compliance by any sub-
           contractor employed by the contractor.

  xii.     Any Professional or Contractor of whatever nature will have to be approved by
           Irene View Home Owners' Association.

  xiii.     The Irene View Home Owners' Association reserves the right to review / approve
           / decline all professional people involved in the individual home owners
           developing the properties e.g. Architects, Engineers, Landscaping Architects or
           Land Surveyors but not limited to the aforementioned categories.

 xiv.      No flora specified by the Irene View Home Owners' Association may be
           damaged or removed.

  xv.      Building sites are to be fenced off with green shade netting so that the ground
           level building operations are not visible from the street.

 xvi.      Workers are not allowed to wander around from one building site to another.

 xvii.     No illegal workers will be allowed into the estate. Workers must be in possession
           of a South-African ID or official workers permit. A fine for each instance will be
           imposed. In the case of a contractor continuously contravening the rules, a fine
           per incident will be levied. After the third (3rd) violation the builder/contractor will
           be requested to vacate the site.

Irene View Home Owners Association – Rules and Regulations       Page 10 of 24       Revision 1, July 2008
Annexure A - Conditions with regard to building contractor activity
                      ANNEXTURE B: ARCHITECTUAL GUIDELINES
1     INTRODUCTION

      The guidelines have been developed to preserve, protect and maintain the unique
      environmental and physical attributes of Highveld x47 (Irene View Estate) and to
      ensure that each individual house will conform to the fundamental intention of
      establishing an environment that is in harmony with the South African lifestyle and
      the surrounding properties.

2     PURPOSE OF THE GUIDELINES

       The main purpose of these guidelines is:
           To establish and define the Architectural Guidelines;
           To formulate the architectural character of the development;
           To set the standard for the development and all buildings to be constructed
            in the development;
           To define the Town Planning Development Controls.

3     TOWN PLANNING DEVELOPMENT CONTROLS

      (a) Zoning
          Residential 1 - One dwelling per stand.

      (b) Coverage
          40%.

      (c) Height Restriction
          2 Storey’s – see item 2b.

      (d) Building Lines
          Nelmapius Road – 2 (two) metres.
          All Erven: Street, side and rear boundaries: 2 (two) metres for single storey and 3
          (three) metres for multiple storey’s.
          (See guidelines for duet stands for specific building lines relating to duet
          stands).
          All erven are subject to the items as per Clause 22 of the Town Planning
          Scheme.

      (e) Indigenous trees.
           Trees shown on the layout plan may not be removed except on merit after the
           evaluation of Clause 22 on each proposed site layout plan.

      (f) Clause 22 of the Town Planning scheme.
          All erven are subject to Clause 22 of the Town Planning Scheme.

       CLAUSE 22

       (a) The siting of all buildings, building restriction area and parking area must be
           shown on the building plans.

       (b) The parking area in Clause 22(a) consists of two components

Irene View Home Owners Association – Rules and Regulations   Page 11 of 24      Revision 1, July 2008
Annexure B - Architectural Guidelines
              i       Parking for at least two motor vehicles must be provided next to each
                      other. There are no restrictions on the type of parking provided for, e.g.
                      one garage and one carport or one garage and one open parking.
                      NOTE – Any combination of garages, carports and open parking are
                      permissible. Further to the above the following must also be provided:

             ii       In front of the two parking areas provided under (i), a 5m by the length of
                      the parking area building restriction area must be provided as visitors
                      parking. This may include the area from the site boundary to the road
                      surface.

       (c) On each individual stand a building restriction area (green area) of at least
           25% of the site area must be provided. The area must be calculated that one
           side of this area may not be shorter than two/thirds of any other side of the
           specific area. Alternatively a 5m building line on the northern side of the house
           will be applicable.

4     DESIGN GUIDELINES

      (a)         STYLE
                  There is no specific prescribed architectural style. However the houses ought
                  to be not merely substantial and comfortable, it ought to exhibit a reasonable
                  amount of intellectual liberality, faithfully keeping on the side of simplicity and
                  moderation, and clinging to the grace of elegance as the beauty which shall
                  last the longest (externally by force of graceful proportion and by harmonious
                  colour treatment).

      (b)         SIZE
                  Recommended – Minimum of 200m² including garages and covered patios.

      (c)         ASPECT AND PROSPECT TO BE CONSIDERED
                  Aspect being the relation of the windows to sun and wind (orientation of
                  dwellings) and prospect being the view from the windows & balconies;

                  The main windows of the internal living areas and bedrooms and outdoor
                  living areas must be placed so that the orientation of these areas is to the
                  north. (Between 20 degrees east and 15 degrees west of north).

      (d)         VIEW
                  To protect an unobstructed view for all houses the height restriction of two
                  storeys with the following further condition will apply: the maximum height of
                  the structure must at all points fall within a height restriction of 7,5m above the
                  surveyed natural ground level. A third storey will only be allowed on merit as
                  per the Town Planning Scheme.

                  Living areas will only be allowed on the north and east sides of the stands.

                  On the south and western sides of the stands no windows below 1,8m will be
                  allowed on the first floor.




Irene View Home Owners Association – Rules and Regulations     Page 12 of 24       Revision 2, September 2010
Annexure F – Dates of the changes to the Rules & Regulations
               Should the southern or western sides of the stand be adjacent to a road the
               windows may be larger.

               Certain stands adjacent to Nelmapius Road will be allowed to have a
               southern view subject to no windows overlooking the living area of the
               neighbouring unit. (also applicable to duet stands where the one unit may
               not overlook the living area of the second unit.)

               No balconies will be allowed on the south and western sides of the stands.

               New trees should not have a full grown size exceeding 6 metres.

      (e)      OVERSHADOW
               Buildings should not overshadow each other or the private outdoor living
               areas of adjacent properties. See drawing.




                At least six meters between all double storeys will be provided as all building
                lines for double storeys will be 3 metres and northern living areas will be at
                least 5 metres.

      (f)      PRIVACY
               Private living areas for each house must be provided and seclusion for each
               house is necessary;

               This can be divided into three groups:
                i Forced privacy
                   Provide a screen of either brick walling or vegetation of at least 1,8m high
                   between units and of at least 2 metres at kitchen yard areas.

                ii Privacy of surrounding properties should be considered
                   No balconies or windows from a second storey should overlook the
                   private open space of adjacent houses.

Irene View Home Owners Association – Rules and Regulations     Page 13 of 24   Revision 2, September 2010
Annexure F – Dates of the changes to the Rules & Regulations
               iii   Privacy of outdoor living areas
                     The private outdoor living area should not be too close to the street for
                     then it would not be used because it is not private enough. Do not place
                     the covered outdoor living area or swimming pool fully in front of the
                     house, or fully to the back. Instead place it in some kind of half- way
                     position, side by side with the house, in a position that is half-hidden from
                     the street and half exposed.

      (g)      FENCING BETWEEN PROPERTIES AND ON THE STREET
               In order to enhance the appearance of sidewalks and the streetscape the
               following will apply:

                 i Boundary walling in stone approved face-brick, plaster and painted walls
                   and palisade fencing will be allowed. Where palisade fencing is to be used
                   between stands the privacy of the adjoining stand will have to be
                   considered.

                ii On the street frontage a combination of brick peer columns and steel
                   palisade fencing is suggested. However the use of as little as possible
                   fencing on the street frontage is advocated.

                iii If a solid wall is proposed on the street boundary an articulated wall is
                    preferred and should not extend for more than 50% of its length as a
                    continuous parallel to the street boundary.

      (h)      COMFORT AND CHEERFULNESS
               Chief element of cheerfulness is sunshine, which should be freely admitted
               into the house and comfort being the proportion and relation of rooms to
               each other.

      (i)      DIRECT LIGHT AND AIR
               No borrowed light or air, nor inside bathrooms.

      (j)      ORNAMENTS
               In Moderation – no exuberance but no poverty.

      (k)       MATERIALS
               i Brickwork:
                 -    Plastered and painted;
                 -    Bagged with coloured cement based paint;
                 -    Pigmented plaster in earthy colours;
                 -    Off shutter concrete or unpainted plaster - use allowed in combination
                      with any of the other walling materials allowed;
                 -    Face brick;
                 -    Stone – typical stone work found all over Irene *(suburb)
                 -    Artificial stone cladding – use allowed in combination with any of the
                      other walling materials allowed.

               i Roofing Material:
                 -    Clay roof tiles;
                 -    Concrete roof tiles;

Irene View Home Owners Association – Rules and Regulations     Page 14 of 24    Revision 2, September 2010
Annexure F – Dates of the changes to the Rules & Regulations
                -      Slate tiles;
                -      Pre-painted corrugated or powder coated sheet metal roofing material;
                -      Thatch – must comply with Section G of the National Building
                       Regulations

              ii Windows and doors:
                 -   Must suit the style of the house. External burglar bars will not be
                     permitted unless incorporated in the overall design.

             iii Verandas, porches and pergolas:
                -    Supports shall be masonry piers, timber or metal posts. Painted timber
                     lattice enclosures to verandas will be permitted if in keeping with the
                     overall design.

             iv Signage:
                -    House numbers must be clearly visible from the street. No signage such
                     as that of security firms will be permitted.

             v Paving materials
              - Clay or concrete paving bricks

             vi The following materials may not be used:
                -   Prefabricated concrete boundary walls.
                -   Shade-cloth – where visible.
                -   Unpainted or reflective metal sheeting.
                -   Wire fencing, razor wire or security spikes.
                -   Flat metal roofs – unpainted or visible.
                -   Concrete imprint paving.

               All materials must be fully described on the sketchplans submitted to the
               project architect - samples might be required.


      (l)      SERVICE AREAS
               The following must be screened.
               - Washing lines;
               - Refuse areas;
               - Kitchen yard;
               - Sewerage and drainage pipes.

               Screen walls must be in a material that matches the material of the house
               and must be at least 2 metres high.

      (m)       GENERAL
                TV aerials, satellite dishes, air conditioning units and awnings must be placed
                as not to have a negative aesthetic influence on the neighbouring houses
                and development.

                 Details of the design of parapets, architectural projections, fascias, capping
                 eaves, roof trim, and guttering should be specified for approval.




Irene View Home Owners Association – Rules and Regulations     Page 15 of 24   Revision 2, September 2010
Annexure F – Dates of the changes to the Rules & Regulations
                   Solar heating panels, if used, should be incorporated into the building to
                   form part of the basic structure and should be clearly shown and annotated
                   on the drawings.

                   Staff accommodation and kitchens should open onto screened yards or
                   patios.

                   No staff accommodation should be nearer to the street than the main
                   dwelling unless contained under the same roof or integrated into the total
                   design.

                   Outbuildings, garages and all future additions should match the original
                   design, both in proportion, the treatment of elevations and the use of
                   materials.

                   Swimming pool areas must be provided with a self-closing gate if accessible
                   from the street according to the National Building Regulations.

5     PLAN APPROVAL – DOCUMENTATION AND PROCEDURE

      (a) AESTHETIC APPROVAL
              Approval of plans will be conducted by the Aesthetics Committee of Irene
              View Home Owners Association (IVHOA) and the project architect:
                        EVG ARCHACTIVE ARCHITECTS
                        Domus House
                        150 Murray Street
                        Brooklyn
                        Tel                 :     012 - 362 4268
                        Fax                 :     012 - 362 4272
                        E-mail              :     evgarch @ worldonline.co.za
                        Contact person      :     Elise van Gass.

      (b) PLAN SUBMISSION
               A registered architect (SACA) must submit to the Aesthetics Committee of
               Irene View Home Owners Association and the Project Architect drawings
               comprising the following:

               i      Completed application form;

               ii Application fee as payable to the Project Architect and an evaluation fee
               as payable to The Irene View Home Owners Association. The application fee
               covers both the sketch plan and working drawings evaluation Site plan
               indicating application of Clause 22;

               iii     1 Set of sketch plans comprising:
                     - Layout plans;
                     - Elevations and sections;
                     - Specific details if applicable;
                     - Scales – Site plan 1: 200, Floor plans, sections and elevations – 1: 100;
                     - Coloured rendered sketch plans indicating materials, finishes and colours.




Irene View Home Owners Association – Rules and Regulations     Page 16 of 24    Revision 2, September 2010
Annexure F – Dates of the changes to the Rules & Regulations
      (c) PLAN RE-SUBMISSION
              The Application Fee covers the initial submission and assessment by the
              Project Architect as well as a further 2 re-submissions in the event of requested
              amendments. Thereafter, further submissions will attract a fee per assessment.

              Once all requested changes to the plans have been made, all
              documentation required by the Council must be submitted to the Aesthetics
              Committee of Irene View Home Owners’ Association for final approval and
              stamping.

      (d) APPROVAL
              Working drawings in compliance with the approved sketch plans, are to be
              submitted to EVG ARCHACTIVE ARCHITECTS for approval prior to being
              submitted to the Local Authority for approval. Note that the Local Authority
              will not accept plans that do not bear the EVG ARCHACTIVE Aesthetics stamp
              of approval.

              The Plans may then be submitted to the Council for approval, upon which one
              copy of the Council approved plans must be submitted to the Project
              Architect for reference purposes

      (e) FURTHER CHANGES
              If any further changes are stipulated by the Council, these changes should be
              brought specifically to the attention of the Project Architect, in writing. EVG
              ARCHACTIVE ARCHITECTS reserves the right to adjudicate whether or not these
              alterations fall within the building guidelines and comment will be issued case
              by case.

              Additionally, if alterations to the plans are made during the Building Process,
              these changes should be submitted to the Project Architect for additional
              approval.

6     THE BUILDING PROCESS

      (a)     Deposit & Building permit:
              A deposit of R2 000.00 (two thousand rand) must be paid to the Irene View
              Home Owners’ Association and construction commences only after the
              building plans have been approved by the Aesthetics Committee and Local
              Authority. This amount will be held in trust (free of interest) by the Home
              Owners’ Association until completion of the buildings and improvements has
              been achieved. This deposit will be used to remove any rubble or make good
              any damages caused by the builder, e.g. kerbing, landscaping, services, etc.

      (b)     Verification of boundary pegs:
              Although the Home Owner would have purchased the property with a full set
              of surveyed boundary pegs, it is nevertheless the responsibility of the Home
              Owner to re-verify the peg positions prior to commencement of building.

      (c)     Ablution and Rubbish Disposal:
              The contractor shall provide ablution facilities, in terms of local council
              regulations, as well as facilities for rubbish disposal on site. Said rubbish shall be


Irene View Home Owners Association – Rules and Regulations     Page 17 of 24     Revision 2, September 2010
Annexure F – Dates of the changes to the Rules & Regulations
              disposed of weekly and may not be burnt or disposed of within the perimeter
              of the development.

      (d)     Site cleanliness:
              The site and it surrounds shall be kept neat at all times. Building material and
              rubble must be stored or dumped within the site boundary and it is the
              contractor or Home Owner’s responsibility to clear the site of said rubble. The
              same applies to sand and rubble washed or moved over the boundary edge
              during building operations.

      (e)     Site office and Temporary structures:
              All temporary structures erected on site (builder’s sheds, site offices, toilets,
              etc.) should be of an aesthetically acceptable standard. The HOA reserve the
              right to request the removal of sub-standard temporary structures.

      (f)     Building board:
              One SAIA building board may be erected on the site and without obstruction
              of any view. This board must be removed after completion of construction. No
              sub-contractor boards may be erected.

      (g)     Damage to property:
              The Home Owner shall be held responsible for any damage to kerbing, meter
              boxes, roads, lampposts, communal and private property within the
              development that may occur during and as a result of the Home Owner’s
              building process.

              In such an event, the Home Owner will be notified by the IVHOA of said
              damage, the repair cost of which will be deducted from the Home Owner’s
              Building Deposit.

      (h)     Building hours:
              The building hours are as follows :
              August – April          :       07h00 – 18h00 Weekdays
                                              07h00 – 13h00 Saturdays
              May – July              :       07h00 – 17h00 Weekdays
                                              07h00 – 13h00 Saturdays

              No building is permitted on Sundays and Public Holidays.

              No contractor staff member is permitted on site outside of these hours without
              special permission.

              Any staff on site after building hours will be deemed to be trespassing and will
              be removed from site by the development’s security guards.

              Deliveries to and removals from the site should be scheduled during the
              abovementioned building times only.

      (i)     Permitted vehicles:
              - No articulated vehicles;
              - No vehicles exceeding 15 tons;
              - All vehicles must strictly adhere to the complex speed limit of 30 km/hour.

Irene View Home Owners Association – Rules and Regulations     Page 18 of 24   Revision 2, September 2010
Annexure F – Dates of the changes to the Rules & Regulations
      (j)     Transgression:
              Should the HOA have any reservations with regard the conduct of /or in the
              event of a regulation transgression by the contractor and/or subcontractors,
              the HOA will notify the Home Owner verbally or in writing of said transgression
              and set a time for rectification.

              If the issue is not satisfactorily resolved by the end of this time limit, the IVHOA
              then reserves the right to withdraw the Home Owner’s Building Permit and
              suspend building operations until such time as such conduct / regulation
              transgression has been rectified.

      (k)     General:
              It is the responsibility of the Home Owner to distribute the “Building Process”
              guidelines to his/her building contractor and/or subcontractors.

      (l)     Time limits for construction:
              The purchaser undertakes to - and will be liable to - erect a dwelling on the
              property within 3 (three) years of date of transfer from the original developer.
              Any project not completed within the above time frame will be subject to
              penalties calculated according to tariffs determined by the Irene View Home
              Owners' Association. Completion is determined by delivery of a valid
              certificate of occupancy from the municipality.

               In order to reduce inconvenience to neighbours and to prevent unsightliness,
              construction should proceed without lengthy interruptions, and should in any
              event be completed within one year from commencement, i.e. the date of
              registration of the first contractor. Phased design should be handled in such a
              way that the end of each phase be aesthetically acceptable to the IVHOA.
              Any deviation from the above time limits will be subject to penalties
              calculated on a daily basis according to tariffs determined by the IVHOA.

7     FINAL COMPLETIONS OF NEW DEVELOPMENTS OR ADDITIONS

      Occupation Certificate:
      It is the Home Owner’s responsibility to arrange an occupation certificate from the
      Local Authority. The latter must be arranged for new developments as well as
      additions.

8     ADDITIONS / ALTERATIONS

      All construction as well as additions and/or alterations are to be registered with the
      IVHOA. Complete Plans of the intended construction (or addition) should
      accompany the necessary registration and application documentation (see
      Annexure D & E).

      The above documentation should then be submitted with the IVHOA office from
      where it will be evaluated by the IVHOA Aesthetics Committee.

      Construction of improvements should commence within 6 (six) months from date of
      approval of project by the IVHOA; re-approval will be required if commencement
      did not take place within this given time frame.

Irene View Home Owners Association – Rules and Regulations     Page 19 of 24   Revision 2, September 2010
Annexure F – Dates of the changes to the Rules & Regulations
      In order to reduce inconvenience to neighbours and to prevent unsightliness,
      construction should proceed without lengthy interruptions, and should in any event
      be completed within six months from commencement (i.e. the date of registration
      of the first contractor). Any alteration and/or additions not completed within the
      above time frame will be subject to penalties calculated according to tariffs
      determined by the Irene View Home Owners’ Association.

9     FEES

      The IVHOA Aesthetics Committee shall charge a Plan Evaluation Levy on each plan
      submitted for approval, which includes the two re-submissions and thereafter on
      each re-submission. The fees may be reviewed from time to time.

10    COST OF SERVICES AND PENALTIES

       Refer to Annexure C for the fees and penalties payable.




Irene View Home Owners Association – Rules and Regulations     Page 20 of 24   Revision 2, September 2010
Annexure F – Dates of the changes to the Rules & Regulations
 ANNEXURE C – COST OF SERVICES & PENALTIES PAYABLE

Services                                                                                       Cost
Re-activation of remotes of defaulted debtors                                                 R 100
Plan Submission Evaluation Levy                                                              R 1000
Plan Re-submission Evaluation Levy                                                            R 500
Click-on Remote incl. activation                                                              R 250
Click-on Cost (in excess of the monthly allowance)                                     Pay per use
Accounting Fees                                                                          Rate / Fee
Interest on accounts >30 days in arrears                                                   21% p.a.
Administrative levy on overdue Account >60 Days                                               R 150
Penalties of transgression or offences                                                      Penalty
Garden and/or vacant stand cleaning                                            R 300 per occasion
                                                                               Cost of lawn + 50%
Refusal to establish road curb lawn and/or garden
                                                                                        Admin fee.
Failure of rectification (Street scape transgression (e.g. caravan))                     R 300 p.w.
                                                                              Cost of repairs + 50%
Damage to electric Fence, streetscape, drains, light poles, trees etc.
                                                                                        Admin fee.
Speeding, ignoring stop signs, reckless driving, unlicensed vehicle,
                                                                                R 250 per offence
double parking & all traffic violations
Failure to comply with security requirements                                                     R 500
Non completion (within time frame) of building additions/alternations
                                                                                               R 1000
per month or part thereof
Non-completion (within time frame) of site development per month or
                                                                                               R 2000
part thereof
Penalties for offences by contractors and/or contractors’ workers                         Penalty
Urinating in Public                                                                         R 250
Toilet door not secured                                                                     R 250
No toilet / Toilet non-functional                                                     R 250 / day
Washing in public                                                                           R 250
Fire on building site                                                                       R 300
Lacking cleanliness on building site                                                  R 500 / day
Failing weekly building site inspection                                                    R1000
Contractors’ labourer(s) littering                                                      R50 each
Rubble lying on street or open space                                                      R 1,000
Concrete trucks: waste on roads                                                           R 1,000
Non-registered worker / Illegal immigrant on property                                     R 5,000
                                                                                          R 5,000
Workers found using alcohol, drugs & any other intoxicating substances.
                                                                             & Immediate removal
Workers on-site after hours – working after hours                                       R 250 p.p
Workers found on any other site than the one he/she is permitted to
                                                                                                 R 100
work on.
Dumping on a property                                                                        R 10 000
ID buy back – uncollected id’s                                                                   R 50
NOTE: Recurring offences will attract more severe infringement levies, this will be double
that of the previous offence.


The Trustees may introduce additional penalties and/or services or revise the above
amounts as deemed necessary to ensure compliance with the rules and regulation
contained in this document.
Irene View Home Owners Association – Rules and Regulations   Page 21 of 24     Revision 2, September 2010
Annexure C: Cost of Services and Penalties Payable
                         ANNEXURE D - APPLICATION FORM


  PROPERTY INFORMATION

  STAND NUMBER

  STREET NAME & NUMBER

  REGISTERED OWNER OF PROPERTY

  FULL NAME

  ID / CO REG NUMBER


  POSTAL ADDRESS


  E-MAIL

  TELEPHONE NUMBER

  FAX NUMBER

  SIGNATURE OF OWNER

  ARCHITECT’S INFORMATION

  FULL NAME

  COMPANY

  ID NUMBER

  E-MAIL

  TELEPHONE NUMBER

  FAX NUMBER
  ARCHITECT’S REGISTRATION
       NUMBER

  ARCHITECT’S SIGNATURE



  DATE

  RECEIPT NUMBER




Irene View Home Owners Association – Rules and Regulations   Page 22 of 24   Revision 1, July 2008
Annexure D – Application Form
                   ANNEXURE E - INTER-PARTY AGREEMENT


            BUILDING LINE RELAXATION FROM ……m to …….m On …………..
            boundary
            BUILDING CLOSER THAN 4,5m FROM NEIGHBOURING PROPERTY
            WITH BIGGER THAN 1,2m HIGH WINDOWS OVERLOOKING
            ADJACENT PROPERTY
            BUILDING CLOSER THAN 4,5m WITH BALCONY OVERLOOKING
            ADJACENT PROPERTY
  REGISTERED OWNER REQUIRING ENCROACHMENT
  NAME
  STAND NUMBER
  TELEPHONE NUMBER
  SIGNATURE
  DATE

  PERSON FROM WHICH CONSENT IS SOUGHT
  NAME
  STAND NUMBER
  TELEPHONE NUMBER
  SIGNATURE
  DATE


INDICATE SPECIFIC CONDITIONS WHICH CONSENT MAY BE SUBJECT TO:

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………

………………………………………………………………………………………………………




Irene View Home Owners Association – Rules and Regulations   Page 23 of 24   Revision 2, September 2010
Annexure E – Inter-party Agreement
  ANNEXURE F – DATES TO THE CHANGES TO RULES AND REGUATIONS DOCUMENT

17 September 2010              -         Amended the date of document
                                         Change of Website address




Irene View Home Owners Association – Rules and Regulations     Page 24 of 24   Revision 2, September 2010
Annexure F – Dates of the changes to the Rules & Regulations

								
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