Rules and Regulations
The main objective of the development of Heuwelsig Estate has been the provision of a high quality lifestyle for residents. The following rules have been established in terms of the memorandum of Articles of Association of the Celtisdal Ext 20 Homeowners Association (THE HOA) and are binding upon all occupants and residents of the Estate.
The Registered Owners of the properties are responsible for ensuring that members of their families, tenants, visitors, friends and employees abide by the rules. Happy and harmonious community living is achieved when residents use and enjoy their property as well as the public areas of the Estate in compliance with these rules.
In the Sectional Title complexes, the provisions of the Sectional Title Act, will apply in addition to these rules and Regulations.
In respect of the interpretation of these rules the decision of the Board of Directors is final and binding. The rules are subject to change from time to time, as, and how it may become necessary in the opinion of the Board of Directors, who are required by the statutory and governance documentation of The HOA to make and amend rules.
2) Good Neighbourliness
- 2.1 No activity or hobby, which would cause aggravation or nuisance to fellow occupants, may be conducted, including auctions and jumble sales.
- 2.2 The volume of music or electronic instruments, partying and the activities of residents, their guests, their employees, or agents; should AT ALL TIMES be tuned to a level so as not to be heard on adjoining properties.
- 2.3 Mechanical maintenance, especially the use of power saws, lawn mowers, and the like, (electric lawnmowers are preferred), may only be indulged between the following hours:
Weekdays and Saturdays 07h30 to 18h00
Sundays only between 09h00 13h00
- 2.4 Refuse, garden refuse and refuse bags or bins may not be placed on the pavements, unless it is scheduled to be removed within a period of 12 hours.
- 2.5 Washing may only be hung on lines screened from the street and neighbouring properties and is strictly forbidden to be hung on complex stairways, balconies or inside open windows without net curtains.
- 2.6 Dogs barking excessively or unnecessarily must be restrained and kept quiet.
3) Use of Streets
- 3.1 The speed limit is 40km per hour.
- 3.2 Residents are reminded that children and other pedestrians will frequently cross streets in the Estate, and should approach all designated crossings with extreme caution.
- 3.3 The streets are intended to allow the movement of all occupants, whether by foot or mechanical means. Motor vehicles are considered to be part of the street environment but not necessarily the dominating factor.
- 3.4 The use of quad bikes, go-carts, off-road vehicles etc., within the Estate is strictly prohibited.
4) Maintenance of Gardens and Sidewalks
All Residence are responsible for:
- 4.1 Maintain the area between the road kerb and the boundary of their property.
- 4.2 Garden fences/walls and outbuildings forming part of the Streetscape should be maintained and painted where necessary.
- 4.3 Caravans, trailers, boats, tool sheds etc., as well as accommodation for pets must be sited out of public view and appropriately screened from neighbouring properties.
- 4.4 No trees, plants or groundcover may be removed from the sidewalk without permission from the HOA. Plantings should not interfere with pedestrian traffic or obscure the vision of motorists.
- 4.5 Comply with the Architectural and Landscaping Guidelines and Building Rules.
- 4.6 Residents are responsible for maintaining trees, plants and shrubs planted on their pavement.
- 4.7 Residents are expected to maintain a high standard of garden and pavement maintenance.
- 4.8 Residents must ensure that declared noxious flora is not planted or growing in their gardens.
- 4.9 Swimming pool water may not be emptied into streets but must be channelized into the storm water system or as directed by HOA or local authority.
- 4.10 Vacant stands must be kept clean on a regular basis to the satisfaction of the HOA, and if not maintained, the HOA reserves the right to clean the stand at the owners expense.
5) Use of Open Space
- 5.1 No rubble or refuse may be dumped or discarded in any public area, including the parks, streets, public areas and dam environs.
- 5.2 Residents must leave open spaces they visit in as clean a condition as in which it was found. Residents are requested to develop the habit of picking up and disposing of any litter encountered in the open spaces.
- 5.3 Picnicking will only be allowed in designated areas.
- 5.4 Flora may not be damaged or removed from any park or pavement.
- 5.5 Fauna of any nature may not be chased or trapped in any public area, be it by people or dogs.
- 5.6 The residents use of the open space areas is entirely at their own risk at all times.
- 5.7 The use of fireworks is prohibited within the boundaries of the village.
- 5.8 The use of alcoholic beverages in the open spaces, parks, lawns or any other public space is forbidden and non -compliance is subject to prosecution in terms of the Municipal By-Laws for public open spaces and/or fines imposed by the Trustees.
- 5.9 Residents in Complex Units may only use their designated carports or garages for long-term parking. Open parkings are COMMON PROPERTY reserved for short-term (no longer than 6 hours) use by visitors.
- 6.1 The local authority by laws relating to pets will be strictly enforced.
- 6.2 No pets are allowed to roam the streets, common property areas or neighbouring properties.
- 6.3 Pets must be walked on a leash in common property areas.
- 6.4 Should any excrement be deposited in a common area, the immediate removal thereof shall be the sole responsibility of the owner of the pet.
- 6.5 Every pet must wear a collar with a tag indicating the name, telephone number and address of its owner. Stray pets without identification will be apprehended and handed to the Municipal Pound.
- 6.6 The HOA reserves the right to insist that the owner remove a pet should it become a nuisance within the estate in the opinion of the Board of Directors.
- 7.1 Security protocol at the entrance gates must be adhered to at all times. Currently, residents must ensure that they register for biometric access in accordance with the latest Estate Access Procedures.
- 7.2 All residents, tenants and other persons who reside on the Estate must register with the Enrolment office and furnish all required data by completing resident registration forms. Any changes in residents personal data must be communicated with the Enrolment office.
- 7.3 Residents are to note that all the perimeter walling and electric fencing serve as a deterrent and detection function and are not guaranteed to prevent a determined attempt at intrusion into the Estate.
- 7.4 The security access system for permanent workers, temporary workers, and contractor representatives must be conscientiously enforced by every owner with respect to people in their employ.
- 7.5 All attempts at burglary or instances of fence jumping must be reported to the security control room (Tel 012 940 0130
- 7.6 Security is an attitude, be aware that you need to enforce and apply security to make it work. Do not hesitate to question suspicious persons not displaying formal ID cards.
- 7.7 The security access staff at the access gates have all been issued with Standard Operating Procedures in terms of which they are required to act. It is required of residents to familiarise themselves with these procedures regularly (the procedures are available on the official web-site, www.heuwelsig.com) to ensure they are not embarrassed at gates.
- 7.8 Visitors are processed in a very specific process at entrance gates. Visitors or residents verbally abusing access officers should note that this will not change the actions of the officers. Amongst others, they have been trained to enforce a no ID, no access approach to ALL visitors.
- 7.9 The Home Owners Association employs its own security staff as employees of the HOA. Included in all owners levies are alarm monitoring and response services by HOA staff and where required, external armed response contractors are utilised. No external alarm monitoring response entity will be allowed into the Estate under any circumstances.
- 7.10 Registered residents MAY NOT open access booms or gates for any visitors by by-passing the formal visitor access procedure.
- 7.11 The Estate is patrolled on a random basis by security officers. All officers are required to display their HOA identification cards prominently.
- 7.12 Residents are urged to report abusive, unprofessional or suspicious behaviour by any security officer to the HOA management by email (firstname.lastname@example.org) or by completing the Report an issue wizard on the web-site.
8) Tenants, Visitors
- 8.1 Should any owner let his property, he shall in writing apply to the HOA in advance of occupation by completing the tenant approval process contained within the access procedures. Should the proposed tenants be approved, the owner shall inform the Lessee of all Memorandum and Articles and Rules and Regulations and other rules and bind the Lessee in the lease agreement to adhere to such rules.
- 8.2 The occupiers of any property within the Estate are liable for the conduct of their visitors, contractors and employees and must ensure that all such parties adhere to the Memorandum and Articles and Rules and Regulations.
- 8.3 Every Owner must ensure that contractors in their employ have signed the Builders Code of Conduct and adhere to the stipulations of the contract.
9) Letting and Reselling Property
- 9.1 Should an Owner wish to sell or lease their property, the Homeowners Association allows the use of ONLY accredited Sales and Rental agents to manage the sale or lease. The General Managers discretion in allowing agents as accredited agents, is final.
- 9.2 The Owner must ensure that the buyer/lessee is informed about; accepts; and signs for a copy of the Access Procedures, Rules and Regulations, Architectural and Landscaping Guidelines, Builders Code of Conduct and any other administrative regulations applicable at the time and specifically undertakes him / her / themselves to be bound thereto.
- 9.3 A clearance certificate must be obtained from the HOA prior to any transfer.
- 9.4 Agents may only operate on a By Appointment basis, and must personally accompany any prospective buyers or tenants and are not allowed to erect any FOR SALE or TO LET signage boards, unless approved by the General Manager of the HOA.
- 10.1 All levies are due and payable in advance on the first day of each and every month.
- 10.2 Interest will be raised on all accounts in arrears by the 7th of each month at a rate determined by the General Manager.
- 10.3 It is the sole responsibility of each owner of each property to ensure their contact details are always kept up to date at the accounts department of the HOA (Contact email@example.com).
- 10.4 All accounts that remain unpaid 60 days or more after its due date for payment will be handed to the HOAs appointed lawyers and / or debt collectors for collection WITHOUT FURTHER NOTICE to the indebted owner. Any fees, commissions etc which may be charged by these debt collection agents will be for the account of the indebted owner. No communication will be entered into with any owner whose account has been handed over to collection agencies by any HOA staff until the collection agency has received all funds due and confirmed this in writing with the HOA.
- 10.5 The Directors may amend or add to the Rules and Regulations from time to time, as may be deemed necessary to ensure the happy and orderly co-existence of occupants.
- 10.6 The General Manager has been delegated with the right to fine transgressors where any of the rules as stipulated in any HOA documentation from time to time have been broken. Such fines or any other amount due will form part of the levy and be due and payable on due date of payment of the levy.
- 10.7 The Directors reserve the right to take any action they deem fit in the instance of non- compliance of any obligation or of a continued contravention of any rule, after expiry of a written notice detailing the contravention. Such action can include rectification by the HOA, the cost of which will be charged to the transgressor, or possible imposition of a fine and subsequent legal action.
11) Business Activities
Any member of the HOA, or resident, wishing to conduct any business on his/her property must apply in writing to the HOA to conduct such business. The General Manager of the HOA will consider the application on merit, after taking into consideration the following:
- 11.1 The compliance with Municipal by-laws.
- 11.2 Impact on pedestrian or vehicular traffic.
- 11.3 Parkingemployees and customers.
- 11.4 Signage.
- 11.5 Disturbance to other residents and community as a whole.
- 11.6 Number of employees etc.
- 11.7 Hours of business.