Conduct rules

EAGLES NEST HOMEOWNERS ASSOCIATION RULES

November 2006
(Rev 9)

1. INTERPRETATION

In these rules:
1.1 Clause headings are for convenience and shall not be used in their interpretation;

1.2 Unless the context clearly indicates a contrary intention an expression which denotes a natural person includes an artificial person and vice versa;

1.3 The following expressions shall bear the same meanings assigned to them below and cognate expressions bear corresponding meanings:

1.3.1 “Association” means the Eagles Nest Homeowners Association (an Association incorporated under Section 21 of the Companies Act, 1973) in respect of the scheme;

1.3.2 “Board” means the Board of Directors of the Association from time to time;

1.3.3 “Common Property” means those areas not forming part of the portions;

1.4 If any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision of the body of the rules.

1.5 When any number of days is prescribed in these rules, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.

2. INTRODUCTION

2.1 The Rules set out below are binding on all owners and all persons occupying any portion who, in turn, are responsible for ensuring that members of their families and their tenants, invitees and servants comply with them.

2.2 Happy and satisfying community living is achieved when owners and occupiers use and enjoy their portions and the common property in such a manner that they show respect and consideration for the rights of other persons lawfully on the property. Compliance with the rules and general consideration by owners and occupiers of each person lawfully on the property will greatly assist in achieving a happy community.

2.3 In the event of annoyance, aggravation or complaints occurring between owners and occupants, an attempt should be made by the parties concerned to settle the matter between themselves. This should be done with consideration and tolerance. If, however, such problems cannot be resolved between the parties, then they should be brought to the notice of the Board in writing. The Board may require that a complaint is submitted to them in the form of an affidavit before they consider it.

3. MOTOR VEHICLES, USE OF DRIVEWAYS AND PARKING AREAS

3.1 Owners and occupiers of portions shall observe and shall ensure that their visitors and guests:

3.1.1 Observe any road signs on the common property;

3.1.2 Do not drive their vehicles within the common property in any manner which creates a nuisance or is considered by the Board not to be in the interests of safety, and;

3.1.3 Do not allow any unlicensed person to drive any vehicle within the common property;

3.2 Hooters shall not be sounded within the common property other than in emergencies.

3.3 Owners or occupiers of portions may only park in such areas as are specifically demarcated.

3.4 Owners and occupiers of portions shall at all times ensure that their visitors park in such a manner so as not to obstruct others.

3.5 Damaged vehicles are vehicles that are not in general use, drop oil or brake fluid onto the common property or are not roadworthy, may not be parked on the common property.

3.6 No persons may dismantle or effect major repairs to any vehicles on any portion of the common property.

3.7 The Board may cause to be removed or towed away, at the risk and expense of the owner of the vehicle, any vehicle parked, standing or abandoned on the common property in contravention of these rules.

3.8 Parking of vehicles upon the common property is subject to the express condition that every vehicle is parked at the owner’s risk and responsibility and that no liability shall be attached to the association or its agents or any of their employees for any loss or damage of whatever nature which the owner, or any person claiming through or under him, may suffer in consequences of his vehicle having been parked on the common property.

3.9 An owner or occupier shall be obliged to use the controlled access to the common property in a manner which will not prejudice the safety of other owners or occupiers and the flow of traffic to and from the common property.

3.10 An owner or occupier causing damage to the controlled security gate or its mechanism shall be obligated to repair same at his/her cost.

3.11 Residents and visitors on entering and leaving the complex MUST WAIT until the main gate is fully closed before driving off. Tailing is not allowed and only one car at a time is allowed through the gates.

3.11.1 Priority should be given to the vehicles standing at the intercom and waiting to enter the complex, within a reasonable given time.

3.12 Security is of paramount importance to the HOA. Residents and visitors shall at all times comply with the systems and procedures implemented in the complex.

3.13 The perimeter security, patrols and access control, serve as a deterrent and detection factors only and do not guarantee an intrusion-free complex.

3.14 Each member / resident is required to respect other members’ property in terms of parking on pavements and littering. Parking of vehicles on lawns or paving of other residents is strictly prohibited. Obstructive parking of vehicles in the internal road is strictly prohibited and the Homeowner’s Association Committee will have the powers to impound such a vehicle for the cost of the offender. Unless all available parking space i.e. garage and driveways are utilised, parking on pavement areas i.e. grass area is strictly prohibited;

3.15 Vehicles may not travel in excess of 15 (FIFTEEN) kilometres per hour on any portion of the common property.

3.16 Caravans, boats, trailers and the like may not be parked on the common property without the permission of the Board. If permission is granted, same will only be permitted to be parked on the common property for a period not exceeding 2 (TWO) days at any one time, or more than 7 (SEVEN) days in total in any one year.

3.17 No double rear axle and no horse and trailer are permitted to enter into the complex, for loading or off-loading. This is due to the narrow ring road and the difficulty for large vehicles to negotiate the tight bends. Should a resident’s removal truck be bigger, it will have to park in the street outside the complex and utilise a smaller vehicle to shuttle the goods between the truck and the unit.

4. CYCLES

4.1 Bicycles, motor cycles, tricycles and similar vehicles must be parked in the owners or occupiers portion.

4.2 The use of soap-box carts, scramblers, skate boards, roller skates, quad bikes, etc. on the common property is prohibited.

5. LAUNDRY

An owner or occupier of a portion shall only be allowed to hang linen or clothing on his portion in a place especially designed therefore, which is suitably screened from the common property and other portions. Any linen or clothing so hung shall be the sole risk of the owner thereof.

6 REFUSE DISPOSAL

An owner or occupier of a portion shall:
6.1 maintain in a hygienic and dry condition, a receptacle for refuse within his portion; and

6.2 for the purpose of having the refuse collected, place the EMM refuse bin to the right when leaving the complex. Only place outside between the hours of 05:00 and 09:00 and bring inside before 19:00 on collection days.

6.3 not allow any of his/her possessions whatsoever or rubbish, debris, dirt or refuse to be left on any part of the common property; and at all times comply and adhere to the Ekurhuleni Metropolitan Municipality Regulations regarding refuse.

6.4 If for any reason your refuse is not removed by the EMM, each resident remains responsible for it and needs to make arrangements to have it removed.

7. NOISE

7.1 An owner or occupier shall:

7.1.1 ensure that he and his visitors/guests do not make or create undue noise;

7.1.2 not cause or permit any disorderly conduct of whatsoever nature either in or on his portion and/or common area;

7.1.3 not do or permit any act to be done in or about his portion and/or common property which shall constitute or cause a nuisance or inconvenience to owners or occupiers of other portions or to the association and any other employee of the association;

7.2 Radios, musical instruments, record players, TV sets and home movies must be used in such manner so as not to cause a disturbance to adjoining portions or to the common property.

7.3 Intercoms, car radios and car telephones must be switched off when cars are parked on the common property.

8. GARDENS

8.1 No plant or flower may be picked from, nor any damage caused, to the garden areas on the common property and the natural flora and fauna (if applicable) shall not be destroyed, removed or damaged in any way without the prior written consent of the Board.

8.2 The Board shall be responsible for the mowing of lawned areas and the trimming of edges of common property, but the responsibility for the upkeep and maintenance of the garden areas within the portions shall rest with owners and occupiers.

8.3 Each owner is to maintain their gardens in accordance with the overall standard in the complex.

9. ACTIVITIES ON COMMON PROPERTY

9.1 Occupants must supervise their children and the children of their visitors so that no damage or nuisance is caused to the property of other owners and common property. In particular children may not interfere with plants, decorations, house numbers, exterior lights, lights and the like.

9.2 No hobbies or other activities may be conducted on the common property if they would cause a nuisance to the other owners.

9.3 No fireworks or setting off of fireworks of any kind are permitted in the Complex.

10. DOMESTIC HELP / GARDEN HELP

An owner or occupier of a portion:
10.1 shall be responsible for the activities and conduct of his domestic, garden help and guests and shall ensure that they understand and do not breach any rules, national legislation or local authority bye-laws which may affect the scheme; and

10.2 shall ensure that his domestic/garden help and their or his visitors/guests do not loiter on the common property; and

10.3 shall ensure that his domestic/garden help and their or his visitors/guests do not cause undue noise within their portions or on the common property or elsewhere; and

10.4 whose domestic/garden help or visitors/ guest consistently fail to abide by the rules, may be required to remove such domestic, garden help or visitors/guests from the property, if so instructed by the Board; and

10.5 shall not be entitled to request personal duties to be performed by any members of the staff employed by the Association; and

10.6 shall ensure that no domestic or garden help sleep on the property.

10.7 must ensure his domestic and garden help has valid RSA identification documents, legally approved work permits or residency permits and on request of the Homeowners Association Committee provide evidence in this regard.

10.8 shall under no circumstances give a gate remote control to a domestic, gardener or contractor to egress or regress them from the complex. Should they be in possession of a remote control, a fine will be imposed on that owner or occupier.

11. APPEARANCE FROM OUTSIDE

The owner or occupier of a portion shall not place or do anything on any part of the common property, including balconies, patios, carports, stoeps and gardens which, in the discretion of the Board is aesthetically displeasing or undesirable when viewed from the outside of the portion.

12. SIGNS AND NOTICES

The owner or occupier of a portion shall not place any sign, notice, billboard or advertisement of any kind whatever on any part of his property or the common property of a portion so as to be visible from the outside of the portion.

Any owner selling or letting of their property should inform the agents responsible that signs and advertisements must be placed on the outside of the complex, close to the electricity meter box. The exception will be for “show house” days.

13. LITTERING

Any owner or occupier of a portion shall not deposit, throw, or permit to be deposited or thrown on the common property any rubbish, including dirt, cigarette butts, food scraps or any other litter whatsoever.

14. STORAGE OR INFLAMMATORY MATERIAL AND OTHER DANGEROUS ACTS

Any owner or occupier of a portion shall not bring onto site, nor store any material, or permit to be done, any other dangerous act on any portion of the property which could threaten the life, health or property of owners or occupiers or may increase the rate of the premium payable by the association or any owner of any insurance policy.

15. ERADICATION OF PESTS

An owner or occupier of a portion shall keep his portion free of white ants, borer and other wood destroying insects and to this end shall permit the duly authorised rental agents, to enter his portion from time to time for the purpose of inspecting the portion and taking such action as may be reasonably necessary to eradicate any such pests. The costs of the inspection and eradication of any such pests that may be found within the portion and replacement of any woodwork or other material forming part of such portion, which may have been damaged by any such pests, shall be borne by the owner or occupier of the portion concerned.

16. SUNDRY PROVISION

16.1 The association or its agents shall not be liable for any injury or loss or damage of any description which any owner or occupier of a portion or any member of his family, his employee or servant or his relative, friend, acquaintance, visitor, invitee or guest may sustain, physically or to his or their property, directly or indirectly, in or about the common property, its amenities or in the individual portions or for any act done or for any neglect on the part of the association or any of the associations’ employees, servants’ agents or contractors.

16.2 The association or its agents, representatives and servants shall not be liable or responsible in any manner whatsoever for the receipt or the non-receipt and delivery or non-delivery of goods, postal matter or any other property;

16.3 No business or trade may be conducted on the common property or in the portions except in accordance with municipal regulations for residential areas and in such a way that no nuisance is caused to other residents.

16.4 No auctions or jumble sales may be held on the common property or in the portions;

16.5 No firearms or pellet guns may be discharged on the common property;

16.6 No stones or other solid objects may be thrown or propelled on the common property;

16.7 Any owner or occupier or such owner or their service providers causing damage to any areas of the common property shall be liable to make good such damage at his own cost;

16.8 No owner or occupier shall have more than 1 (ONE) family living in the unit.

16.9 Should any damage of whatsoever nature be caused to the common property by an owner or occupier, his family, his tenants, his visitors or his pets or those of his family, his tenants or his visitors, the owner or occupier shall be liable to reimburse the association for the cost of repairing such damage.

16.10 Only 2 (TWO) remotes are allowed per unit. A third remote may be requested in writing to the Committee, stating reason for the further remote. Extra remotes will only be permitted for family members, in the case of any emergency.

17. PETS

17.1 A maximum of 2 (TWO) domestic pets may only be kept with the written permission of the Board which shall not be unreasonably withheld, no pets shall be kept or harboured within a portion or anywhere on the common property.

17.2 The said domestic pets shall at no stage cause a disturbance at any time to any owners or occupiers of portions, and the Board shall, upon receipt of any complaint which they consider in their sole discretion as being valid, be entitled to revoke the right to house such dogs, cats or birds and to require that such be removed forthwith.

17.3 Pets must be properly controlled at all times and must not be allowed to dirty or foul the common property.

17.4 The Trustees reserves the right to prohibit or control the keeping of any animal which the trustees regard as dangerous or a nuisance.

17.5 All animals are to be restrained to their owner’s property and are not allowed to run free and become a nuisance or source of annoyance to members. They may however, be walked on the internal road for purpose of exercise, providing the following conditions are observed:-

1. The animal is on a leash
2. It is under the charge and control of a responsible person
3. Any defecation on communal property is immediately removed by the person in charge of the animal

18. EXTERIOR AND ALTERATIONS

18.1 All proposed extensions and alterations to existing buildings shall be subject to the HOA and Municipal building plan approval. If building work or alterations is commenced prior to HOA and Municipal approval being obtained, then the HOA will order that work be stopped on site until such time as building plans have been approved.

Fixtures and installations to the exterior of the portions should be seated discretely and out of view as far as possible and may only be installed subject to prior written approval of the HOA.

The above applies specifically for, but is not limited to:

• The installation of air conditioners
• The installations of solar hot water geysers and heat pumps for domestic hot water.
• The installation of solar panels for the heating of swimming pools or domestic hot water
• The installation of all aluminium or steel awnings whether louvered or fixed
• The installations of carports
• The installation of wendy houses
• The installation of pergolas
• The installation of aerials and satellite dishes
• No security fencing including spikes, razor wire and electric fencing may be erected within the complex

 
18.1.1 Where approval is required according to the National Building Regulations, Ekurhuleni Council or Boksburg By-Laws:

This could include but not limited to: Building alterations etc.

• Obtain written consent from affected neighbours on the proposal of the project with draft illustrations
• Obtain written preliminary consent from committee for the project architectural planning to commence
• Submission of draft architectural plans to committee to obtain committee’s signed letter of approval for council approvals
• Submission to include:
• Draft architectural plans signed by the owners of direct affected neighbouring properties
• Detailed illustrations capturing the aesthetics of any alterations not covered by architectural plans
• Digital copy submission of the final council approved plans to obtain committee’s signed letter for alterations to commence

18.1.2 Where approval is not required according to the National Building Regulations, Ekurhuleni Council or Boksburg By-Laws:

This could include but not limited to: Air-Conditioner Installations, Solar electricity or heating, wendy houses etc.

• Obtain written consent from affected neighbours on the proposal of the project with intended illustrations
• Obtain committee’s signed letter for project to commence

18.1.3 No building of double-storeys is permitted within the middle of the ring road.


18.2 All exterior paintwork must conform to the colour scheme.

18.3 The existing house style and colours shall be maintained when any extensions and/or alterations are done.

18.4 When doors, windows and garage doors are required to be replaced, then the style and pattern of the existing doors and windows are to be retained.

18.4.1 Each owner is to maintain and upkeep their garage and front doors to the general standard of the complex. It is suggested that this be done once a year, before the rainy season. For ease of reference, refer to the HOA website for suggestions.

18.5 Due to the fact that the pavements and certain parts of the properties are servitude areas planting of trees and shrubs in these areas must be shallow root variety and no tall trees or creepers are allowed against the outer perimeter walls. Members must ensure that trees and or creepers do not interfere with the electrified fence as this could trigger unnecessary false alarms.  

18.6 SOLAR PANELS, WATER HEATING AND HEAT PUMPS

Present solar panels and water heating systems detract rather than compliment the appearance of homes and therefore strict rules governing these installations have been adopted. The following minimum Rules and Standards will apply in the event of any owner wanting to install a Solar System, Heat Pump or similar systems:
1. The system preferably be accredited by SABS.
2. The life expectancy of units are about 10 years but there are cases where units have run for 25 years. The unit must be adequately maintained during this whole period. In the event of the unit falling into disuse, becomes inoperative or becomes an eyesore for whatever reason, the Committee will require that the unit be removed and the area made good.
3. Although the units should be installed at Solar-North with optimal inclination it is an express requirement of these rules that as far as possible the units should be installed so that it is not easily visible from the main road, common areas or neighbours.
4. The unit must be of an attractive design.
5. It must not have an elaborate or unsightly support structure. The panels or tube banks must be mounted directly on and parallel with the roof slope. The support structure must not be visible.
6. Only the Panels or Tube System to be visible on the house roof.
7. No Header Tanks must be visible. These tanks should preferably be housed in the ceiling of the house.
8. The attached sheets Annexures 1 & 2 show various designs of Solar Panels, Solar Geysers and Heat Pumps which are currently available. The acceptable and unacceptable type of units are clearly marked.
9. Heat Pumps must be either floor mounted or wall mounted and should be positioned such that they are out of sight from the common property and their neighbours.
10. Prior to installation, the owner must get written approval from the adjacent neighbours as well as those directly across the street. It must not negatively impact on their view, look unsightly, etc.
11. A written request, together with the proof of approval from all the neighbours, has to be put to the Committee for written approval prior to installation.
12. The Committee has the authority to order that installations which were done without prior written approval of the Committee, be removed at the cost of the owner.

Annexure 1 & 2.pdf
 

19. PAYMENT OF LEVY ACCOUNTS

Levies are payable strictly in advance on the 1st of each month and the HOA must receive the remittance no later than the 7th (SEVENTH) day of each month and are not subject to the receipt by the Owner if a statement or invoice. Appropriate advance notice will be issued in the event of variations in the levy.

The aforementioned is in accordance with current acceptable practices in the market place and the mandate given to the HOA as per the Articles of Association Incorporated under Section 21).

Only one letter will be sent and if the response is not favourable, the particular owner will be handed over to recover the money via legal structures, again for the account of the owner.

20. BREACH OF THE HOMEOWNERS ASSOCIATION RULES

Any breach of the Rules by a Member, or a Member’s guest or tenant may be dealt with
in the following manner:
20.1 A first time offender will receive either an oral or written request to remedy the breach in question;

20.2 In the event of the failure to remedy the breach in question pursuant to an oral or written request and/or in the event of any subsequent repetition of the breach in question, the Directors shall be entitled to debit the levy account of the offending member with a penalty equal to the monthly levy payable by such Member from time to time, and to continue to so debit the account on a monthly accumulative basis, until such time as the breach in question is remedied.

The Directors shall be entitled to exercise the aforementioned powers in addition to and without derogating from any other remedy available to them.

Note: Members will be fully responsible for the conduct of their tenants, guests or workers and under no circumstances will the Homeowners Association deal with tenants, guests or workers directly.

21.SLAUGHTERING OF LIVESTOCK

No Member shall permit the slaughtering of any animal or livestock on any property within the Eagles Nest development.

22.LETTING AND RESALE OF UNITS BY MEMBERS

22.1 When a Member personally lets or sells his property, he/she is obliged to supply the prospective buyer or tenant with copies of the HOA Rules.

22.2 In the event of a Member contracting an agent to let or sell his property, he/she is obliged to supply the agent with copies of the HOA Rules. Such agent will abide by stipulated procedures and in particular will make any prospective buyer or tenant aware of the HOA Rules.

22.3 Members are required to give the Association notice of any tenants who are to occupy the Member’s property. This must be done in writing.

22.4 Tenants will be obliged to contact a Committee member on occupation of the unit, to arrange for the re-programming of remotes, procedure for the intercom and sign that are acquainted with the HOA Rules and accept it as binding on them.

22.5 Prospective buyers or tenants may not enter and view the unit without being accompanied by the agent who is responsible for the remotes, handed in by the previous tenants or seller.

23.CLEARANCE CERTIFICATE FOR SALE

23.1 If a property is sold, a Clearance Certificate will have to be issued by the HOA for transfer thereof to the subsequent owner. The cost of which will be for the seller’s account. This is generally requested by the attending attorneys, giving the details of the purchaser. The subsequent new owner will sign the formal document accepting the terms and HOA rules for the duration of his/her ownership. No Clearance Certificate shall be issued by the HOA unless:

• the levies have been paid to date
• any outstanding penalties or amounts due have been paid

24.INSTALLATION OF ALUMINIUM GARAGE DOORS

__The wooden panel garage door has complemented the appearance of homes in the complex, however, the downside to the wood is that they require regular maintenance to ensure the wood stays looking good. The weather effects have a huge impact on the wood and eventually it begins to rot. This requires the owner to replace some or most of the panels, thus costing a layout of unexpected costs.

__To maintain a modern design consideration was taken to replace the existing wooden door with an aluminium door, adding more appeal and value to the home. The maintenance is not as expensive.
__
Strict rules governing of these installations have to be adopted. The following standards will apply:

• An independent supplier may be used__
__• The style to be a smooth finished, extruded aluminium powder coated
• The colour only in bronze allowed
• Should the requirements not be as per the HOA standard rule, the Committee has the authority to request it be removed at the owner’s cost

Maintenance of aluminium door

• May be washed with car shampoo every few months (do not use ammonia-based products i.e. Handy Andy
• The wheels and springs on the inside must be oiled once a year. Garage door grease, Q20 or tool in a can may be used


Annexure 1.pdf



The Board of Directors reserve the right to amend, alter or add to these regulations from time to time.

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