Amberfield Manor Estate Rules Of Conduct

The Estate has a security system comprising perimeter security, access control and physical patrolling. The system has a detection purpose only. It serves as a deterrent and is not guaranteed to prevent any intrusion into the Estate. In some areas on the perimeter the electric fence is electrified and could cause injury if touched.

These Rules have been drawn to be fully applicable once the Estate has been entirely established. Some facilities may not be available at the onset but will be phased in during a time frame to be agreed upon with the developer. Conditions referring to facilities not yet provided should only be considered applicable once the facility has been provided.

4.1 INTRODUCTION
These Rules, which the Directors may change from time to time, have been established in terms of the Articles of Association of the Homeowners Association (HOA). They are binding upon all residents in the Estate, as is any decision taken by the Directors in interpreting these rules. The registered owners of properties are responsible for ensuring that members and their families, tenants, visitors, friends and all their employees abide by the Rules.

4.2 USE OF THE STREETS
The speed limit on all streets is 30 km/h. The use of vehicles and motorbikes with noisy exhaust systems or engines is prohibited. Normal statutory traffic laws are applicable in the Estate.

4.3 MAINTENANCE OF SIDEWALKS
4.3.1 All owners have a responsibility to:
4.3.1.1 Develop and maintain the area between the road curb and their property boundaries; and
4.3.1.2 Maintain and paint, where necessary, property boundary walling; and
4.3.1.3 Ensure that caravans, washing lines, trailers, boats, wendy houses, tool sheds, mechanical equipment or parts thereof and accommodation for pets are sited out of public view and screened from the street.
4.3.2 No trees, plants or sidewalk lawn may be removed without the permission of the HOA. Planting should not interfere with pedestrian traffic or obscure the vision of motorists.
4.3.3 If owners neglect their sidewalks the HOA will have the right to rectify the neglect and recover the costs from the owner.

4.4 DOGS AND OTHER ANIMALS
4.4.1 All residents have a responsibility to ensure that their dogs and/or animals are not the cause of disturbances during reasonable night time sleeping hours.
4.4.2 Dogs will not be allowed into open areas without the use of a leash.
4.4.3 Defecation of pets must be removed by the owner immediately otherwise a removal fee of R150.00 will be charged.

4.5 ENVIRONMENTAL MANAGEMENT PLAN
4.5.1 An Environmental Conservation Management Plan exists for Amberfield Manor and has been approved by the authorities.
4.5.2 Erven 3636, 3637, 3640 – 3643, 3645 - 3650 are considered “no-go” areas as these areas are environmental sensitive and have been demarcated and fenced.
4.5.3 Compliance by everyone to the requirements of the Management Plan will be monitored by officials from Department Agriculture, Conservation and Environment. Heavy fines could be issued to persons not complying with the requirements.
4.5.4 The following must be complied to:
a) These areas may not be entered;
b) No dumping of any material whatsoever is permitted;
c) No fires may be started;
d) Removal or damage to vegetation is prohibited
e) The ground surface or soil may not be disturbed;
f) Erosion may not be created; and
g) Driving vehicles or heavy duty machines on the protected areas are not allowed.
4.5.5 The Park erven 3638, 3639 and 3644 are protected areas and must be respected as such.

4.6 ESTATE SECURITY
4.6.1 In the interest of providing an effective security system, the rules relating to security as laid down by the Directors from time to time shall be adhered to at all times, and residents
shall at all times treat the security personnel in a co-operative and patient manner.
4.6.2 Estate security is designed to function as follows:
4.6.2.1 to provide an access control system. (Residents are responsible for their own safety and protection of their own private property);
4.6.2.2 access control will be manned 24 hours per day;
4.6.2.3 on application residents will be issued with access cards at a fee determined by the Directors from time to time - the security guard will allow vehicles with access cards access to the Estate;
4.6.2.4 residents who are not in possession of an electronic access card must sign the access register every time they wish to enter the Estate;
4.6.2.5 contractors having business in the Estate together with their permanent and temporary workers will be issued with contractor’s access cards and contractor’s employee access permits. A fee determined by the Directors from time to time is payable in respect of contractor’s access cards;
4.6.2.6 if possible, the security centre at the gate should be advised in advance of the
4.6.2.7 pending arrival of visitors, and particulars relating to vehicle registration numbers and property to be visited;
4.6.2.8 at night, the Estate will be patrolled on a random basis by security guards;
4.6.2.9 all residents, tenants, night watchmen, domestic workers and other persons who reside on the Estate must register with the security centre and complete the required data sheets;
4.6.2.10 the perimeter wall and electric fencing serve as a deterrent and detection function and are not guaranteed to prevent a determined attempt at intrusion into the Estate.

4.7 PRIVATE SECURITY
4.7.1 Residents/Owners are welcome to employ private security companies should they wish to do so; this however in no way excludes them from membership obligations as members of the HOA. Residents/Owners are also to please note, that all private security is the responsibility of the Resident/Owner.
4.7.2 Residents/Owners must ensure that no more than 2 (two) security boards are placed on the perimeter walls of the Erf. The HOA will remove, and dispose of any excess boards.

4.8 LETTING AND RESELLING PROPERTY
The following rules shall be applicable to the reselling/letting of property in the Estate:
4.8.1 The seller/lessor of property must ensure that their estate agent registers with the Homeowners Association by submitting the prescribed application form prior to commencing with any selling/letting activity.
4.8.2 The seller/lessor of property must ensure that his or her estate agent makes the Rules of Conduct for the Estate available to any prospective buyer/tenant.
4.8.3 Estate Agents must operate on a “By Appointment” basis and must personally accompany prospective buyers/tenants;
4.8.4 If properties are to be on show over weekends, agents must advise the Estate Manager of the details of the property before 12H00 on the Thursday preceding the show weekend. The onus will be on the agent to ensure that information provided is correct. The Estate Manager will advise each agent of the number of pointer boards which may be erected on the sidewalk on that weekend in respect of each property. This signage can only be erected after 12H00 on a Friday and must be removed by sunset on the Sunday. Failing to adhere to this the Estate Manager will remove and impound the boards and impose a penalty payable by the agent before the boards can be returned.
4.8.5 It is the responsibility of owners to ensure that not more than two “for sale” or “to let” boards be erected on the property offered.
4.8.6 Once properties are sold boards must be removed within two weeks.
4.8.7 Boards not removed will be removed by the HOA, and disposed of.

4.9 GENERAL MATTERS

4.9.1 LEVIES
4.9.1.1 DATE PAYABLE: All levies are due and payable in advance on the first day of each calendar month.
4.9.1.2 INTEREST ON ACCOUNTS IN ARREAR: Interest will be raised on all accounts in arrear at an interest rate determined by the Directors from time to time.
4.9.1.3 PENALTY CHARGE FOR LETTERS OF DEMAND: The Directors may levy a penalty for the issuing of letters of demand at a rate determined by the Board from time to time.
4.9.1.4 HANDING OVER OF ACCOUNTS IN ARREAR: The Directors can hand levy accounts that are outstanding for 60 days and longer over to an attorney for collection and all costs incurred will be recovered from the applicable member.
4.9.1.5 TEMPORARY DISABLING OF ACCESS CARDS: The Directors can approve the temporary disabling of access cards if the levies payable by an owner are in arrears. Such owner will only be allowed access to the Estate after completion and signing of the access control register. Cards will be enabled 24 hours after the outstanding account has been settled.

4.9.2 AMENDMENTS TO THE CONDUCT RULES
The Directors may amend or add to the Estate Rules from time to time.

4.9.3 CONTINUED CONTRAVENTION OF A RULE
The Directors reserve the right to take any action they deem fit in the event of a continued contravention of a rule. Such action can include rectification by the HOA, the cost of which will be charged to the transgressor, or the imposition of a fine and subsequent legal action or the withholding of clearance certificates. Legal costs incurred by the HOA in respect of any legal steps taken against an owner to remedy a breach will be for the account of that owner.

4.9.4 INTERFERENCE WITH THE ELECTRIC SYSTEM OR PERIMETER WALL
No large trees, shrubs and/or any plant may be planted against or in close proximity of the perimeter wall so as to interfere with the proper function of the security and/or security system. Any plant which interferes with the security or security system can be removed by the HOA, or the HOA can order the removal thereof. No unauthorised person may interfere with the electric security fence located on the top of the perimeter wall. The perimeter wall and electric fence are the property of the HOA, and no resident or owner is entitled to damage, paint or change the wall or fence, notwithstanding the fact that they may be erected on his/her property.

4.9.5 DISTURBANCES
4.9.5.1 The volume of music or the playing of musical instruments, and the holding of parties, by owners/residents or domestic staff must be limited to a level which will not cause a disturbance to neighbours, and must cease at 22:00 on Sunday - Thursday, and at 24:00 on Fridays and Saturdays. After these times noise must not be audible outside the residence.
4.9.5.2 Owners/members must address complaints of disturbances to the person causing such disturbances, the municipality or SAPS.
4.9.5.3 Any noise above 65 decibels is considered a disturbance.

4.9.6 ADDRESS
It is the responsibility of owners to ensure that the Homeowners Association have their correct residential and postal address. The Homeowners Association must be informed immediately of any change of address.

5.1 LEGAL STATUS
The rules governing building activities, which are set out below, are rules adopted by the HOA and are therefore binding on all owners. Furthermore, each owner is obliged to ensure that his building contractor (“The Contractor”) is made aware of the rules and complies with them. Owners should therefore include the rules in their entirety in any building contract concluded in respect of property on the Estate. The HOA has the right to suspend any building activity in contravention of any of the rules and accepts no liability whatsoever for any losses sustained by a resident or his contractors as a result thereof.

5.2 BUILDING RULES
5.2.1 Building activity is only allowed during the following public time hours:
>>Normal weekdays 07:00-17:30
>>Note: No building activity is permitted on Saturdays, Sundays and Public Holidays, as these days are viewed as private time.
5.2.2 Private time is defined from 17:30-07:00 on weekdays and weekends.
5.2.3 All Contractor workers and/or the sub-contractor workers must enter the Estate in an authorised vehicle and must be issued with an access permit. The Contractor must complete the requisite Estate Access Register if not in possession of a valid contractors’
access card.
5.2.4 The Contractor shall provide facilities for rubbish disposal and ensure that the workers use the facility provided and that the rubbish is removed weekly and not burnt on site. Refuse not removed on a regular basis will be removed by the HOA and the costs thereof will be recovered at the discretion of the HOA from the owner or/and the contractor.
5.2.5 The site is to be kept as clean as possible of building rubble, with regular cleaning taking place during building operations.
5.2.6 Where materials off-loaded by a supplier encroach onto the pavement or roadway, these materials must be moved onto the site by the Contractor. No material must be allowed to remain on the roadway or pavement and it is the Contractor’s responsibility to clean the roadway of all such materials. The same applies to sand or rubble washed or moved onto the road during building operations. Materials not removed will be removed by the HOA and the costs thereof recovered at the discretion of the HOA from the owner of the stand or/and the contractor.
5.2.7 Owners will be held liable for any damages caused by contractors, their vehicles, building activity or suppliers to the roads, manholes, electricity boxes, landscaping etc., including but not limited to sidewalks or any property of the HOA or Council.
5.2.8 Deliveries from suppliers must be scheduled in public times.
5.2.9 The Contractor shall provide toilet facilities for the workers on the site before commencement of any building activity.
5.2.10 If construction takes place adjacent to existing dwellings, the Contractor should make every effort to respect the privacy of the neighbours, and generally to reduce inconvenience as far as possible (for example by discussing with the neighbours the location on site of the night watchman’s hut).
5.2.11 Should the contractor contravene these rules and fail to remedy such contravention despite demand, the HOA reserves the right forthwith and without notice to suspend any building activity until such contravention has been rectified.
5.2.12 The Contractor should undertake to comply with the above rules in addition to any further controls, which may be instituted by the HOA from time to time in the form of a written notification, and to ensure compliance by any sub-contractor employed by the Contractor.
5.2.13 The Contractor shall at all times be responsible for the conduct and behaviour of his employees, sub-contractors and visitors and shall take immediate steps to stop any conduct and/or behaviour which the HOA may in its sole discretion deem undesirable.
5.2.14 Builders must take cognizance of the fact that Erven mentioned in 4.5 are protected areas and must comply to the following:
5.2.14.1 These areas are environmentally sensitive and has been demarcated and fenced off. These are “no-go” areas and no access is allowed in these areas, including thoroughfare, storage of construction material, storage of spoil (dumping of waste) and resting areas for employees. Builders are required to familiarise themselves with the location of these areas.
5.2.14.2 No fires are permitted in the Estate. For the preparation of food for employees on site, it is preferred that a designated cooking area be demarcated and well maintained gas cookers be used on each building site.
5.2.14.3 Temporary ablution facilities must be provided on site. Performing ablutions anywhere other than in toilets is strictly prohibited. Leaking toilets must be repaired immediately or removed from site.
5.2.14.4 No littering is allowed. “Solid waste” - including construction debris, chemical waste, excess cement/concrete, wrapping materials, timber, tins and cans, drums, wire, nails, food and domestic waste (e.g. plastic packets and wrapper) – receptacles shall be provided on site and the waste from these receptacles shall be disposed of off-site at an approved waste site.
5.2.14.5 Cement and concrete are regarded as hazardous to the environment due to the high pH of the material and the chemicals it contains. Concrete shall not be mixed directly on the ground.

5.3 TIME LIMITS FOR CONSTRUCTION
In order to reduce inconvenience to neighbours and unsightliness, construction should proceed without lengthy interruptions, and should in any event be completed within six months from commencement, except in the case of Residential 2 zoned erven.

5.4 BUILDING DEPOSITS
A prescribed building deposit shall be paid by each owner to the HOA before commencement of any building activity. The refundable deposit will to be kept in trust for the duration of building operations to cover the costs where the owner or the building contractor or his employees or suppliers:
5.4.1 damage the road, curb, sidewalk or any other portion of the property of the HOA or Council; and/or
5.4.2 fail to remove, during building operations or on completion thereof, any rubble or building material left on the site, sidewalks and adjoining vacant erven. Only verifiable actual costs incurred by the HOA will be recovered from a deposit. A standard cash slip, statement or receipt produced by the HOA will serve as prima facie proof of the expenses incurred by the HOA. Owners are respectfully requested to ensure that building operations are organised so as to minimise the unsightly dumping of material on the sidewalk or the road. The building deposit or unutilised portion thereof will be refunded, free of interest, within a reasonable time to the owner after receipt of a written request by the HOA on completion of the building construction and when not required to cover the cost of items 5.4.1 and 5.4.2 above.

5.5 ARCHITECTURAL STANDARDS AND GUIDELINES

5.5.1 SUBMISSION OF PLANS
All building plans, including plans for the fencing or walling of an erf must be consented to and stamped by the HOA before any plans are submitted to the local authority for approval. (We will need 4 copies).

5.5.2 EXAMINATION FEE
The Board may charge a fee for the examination and approval of building plans. Such fee will be determined by the Board from time to time.

5.5.3 FILE COPY AND APPROVAL STAMP
The HOA requires one paper copy of the plans submitted to be retained for its own records. All plans submitted to the local authority must bear the stamp of approval of the HOA.

5.5.4 APPROVAL PROCESS
Plans can be submitted during normal office hours to the Amberfield Manor Estate Office.

5.5.5 TIME FOR APPROVAL
Plans will be attended to within 72 hours of submission.

5.5.6 ARCHITECTURAL AND AESTHETIC REQUIREMENTS AND GUIDELINES

5.5.6.1 MINIMUM SIZES OF MAIN BUILDINGS EXCLUDING OUTBUILDINGS:
Res 1 Single Residence: 150m²

5.5.6.2 MATERIAL
>>ROOFING: All roofing material approved by Tshwane Metropolitan Council can be used for all structures including garages and outbuildings. No shade cloth or uncovered iron lean-to roofs will be permitted.
>>WALLING: No pre-cast concrete walls, split pole fences, unpainted plaster or unplastered stock brick walls will be permitted. No razor wire or similar finishes on boundary walls. Steel palisades may be erected.

5.5.6.3 REPETITION OF PLANS
No repetition of the same plans on adjoining erven will be allowed if the overall effect creates a row of similar looking houses.

5.6 LAND USE
5.6.1 No owner/member may change the land use right for which his/her dwelling unit has been zoned whether by way of rezoning or by way or consent of the Local Authority or in any other way without the written approval of the HOA.
5.6.2 The HOA approval will be required for an application by an owner to obtain Duet rights on a Res 1 erf.
5.6.3 No business activity or hobby which causes a nuisance to neighbours which is deemed a nuisance by the HOA may be conducted on a stand.

5.7 ACCESS
All owners/members shall only use the designated entrance.
5.8 MAINTENANCE OF UNDEVELOPED STANDS AND PAVEMENTS
5.8.1 Undeveloped stands must be kept in a neat and tidy condition. Veld grass on stands must be cut before the onset of winter to prevent the risk of fires.
5.8.2 Owners/members are responsible for the maintenance of the pavement in front of their stand/unit.
5.8.3 If owners/members neglect to undertake the maintenance set out in 5.8.1 and 5.8.2 above it will be done by the HOA at the cost of the owner/member.

5.9 PERIMETER WALL
5.9.1 Owners/members shall take the necessary steps to ensure that the security wall surrounding their phase is not damaged or removed.
5.9.2 No signboards may be fixed to or be placed on top of the security wall/fence surrounding the development and the wall may not be painted.

Refuse may only be placed on the sidewalk in the council provided refuse bin the morning of the pickup day and the container must be removed within the same day after collection. If the refuse, for some reason, is not collected the container must be removed onto the residents stand and be placed on the sidewalk the following week.