33 OBLIGATIONS OF A MEMBER IN REGARD TO LAND USE
3.1.1 No more than one dwelling may be erected per stand owned by a Member unless it holds special zoning rights to do so.
3.1.2 The maximum Compound area per portion will be determined by the CHOA.
3.1.3 The Domestic Compound area will only be for private use and will not be utilised for public or business activities, except as set out in section 0.
3.1.4 Members shall be entitled to allow limited accommodation for bona fide employees and their families on their portion. A separate free standing “granny flat” option can only be constructed once specifically approved in writing by the Executive Committee and which approval, if given, would be at the sole discretion of the Executive Committee.
3.1.5 The Executive Committee will have the right to, at any time, to investigate every Compound to ensure compliance by the Member of the Rules of the Estate and or Village. Failure by the Member to comply with the decisions and requirements of the Executive Committee within 21 [twenty one] days written notice exposes the relevant Member or Members to disciplinary action as outlined by the Constitution.
3.1.6 No property or property improvements can be made the subject of any time sharing scheme, share block scheme, sectional title development scheme, or any scheme of similar nature without the prior written consent of the Executive Committee which consent will only be granted at the sole discretion of the Executive Committee.
3.1.7 No fences, hedges or barricades may be erected that will obstruct or prevent game from freedom of movement on the estate, except for those around the estate, without prior written permission of the Executive Committee for the specific fence, hedge or barricade.
3.1.8 No person or persons may squat upon the Member’s land. Any incidence of squatting must immediately be reported by a Member to the Executive Committee.
3.1.9 The sub-division of land on an Erf will not be permitted.
3.1.10 Members agree to adhere to building height and aesthetic restrictions as determined by the Estate Architectural Review Committee (EARC) and as described in the Architectural Guidelines and Submission Requirements manual.
3.1.11 The owner undertakes not to erect any temporary structures or tents on the property or use the property for camping or park any caravans or vehicles on the property or use it in any way for storage of whatsoever nature unless the property has a functional special zoning indicative to that effect.
3.1.12 All buildings or alterations of any nature must first be approved by the Architect appointed by the Executive committee prior to commencement of construction.
3.1.13 To maintain property values it is necessary that the appearance of the Compound on the Erf be kept at a high level. To ensure this, any alterations, splash pools, lapa’s, garden walling, additions, etc. to properties will conform to the general architectural standards of existing buildings on the property and plans for such alterations, addition, etc., will be submitted to the Executive Committee for approval prior to being constructed and or before being carried out.
3.1.14 Any splash pool, subject to the approval of the Executive Committee, must be small in size and indoors.
3.1.15 Compound must be maintained by the owner and must adhere to the aesthetic appearances as dictated by the relevant guidelines. The Association can compel the owner to improve the aesthetic appearance of this area when deemed necessary, at the cost of the owner.
3.2 Public or business use of Compounds
3.2.1 No Member may commence a commercial enterprise on his land or in his compounds unless the land holds commercial or special zoning and prior written approval is obtained from the Executive Committee. Permission will vest with the original applicant and will not be transferable to the next land owner unless the transfer of the rights was approved by the Executive Committee.
3.2.2 No hobby which in the opinion of the Directors constitutes an aggravation or nuisance to Members, including a jumble sale, may be conducted on any stand or unit.
3.3 Maintaining a pleasant and natural roadscape
3.3.1 Each stand owner is responsible for maintaining the area between the curb and the boundary of his/her property in its natural state an in a clean and pleasing condition. The Association can compel the owner to improve the aesthetic appearance of this area when deemed necessary, at the cost of the owner.
3.3.2 Residents shall maintain a high standard of road side appearance
3.3.3 The Association has the right to effect repairs at the cost of the owner should it be considered necessary.
3.3.4 Building material may under no circumstances be dumped on the road sides or on the land. The owner will be liable for all damages in this regard. All building rubble must be removed from the premises on a daily basis to the designated dumping area.
3.3.5 Planting should not interfere with pedestrian traffic or obscure the vision of motorists.
3.3.6 Residents should ensure that declared noxious flora are not allowed to grow on their premises. Only indigenous plants are allowed.
3.3.7 Floodlights are only allowed with written approval of the ECO.
3.3.8 No trees, plants, lawns or pathways planted or developed by the Developer or Association on sidewalks may be damaged or removed without the permission of the Environmental Control Officer (ECO).
3.4 Restriction of usage:
3.4.1 All the roads in Nylsoog Bosveld Landgoed are deemed to be private roads and fall under the jurisdiction of the Association, the Farm owner or the Developer except those roads giving access to private residences on the privately owned stands. Roads are graded as "yellow roads" meaning main access roads or public roads; "red roads" meaning estate management roads; "green roads" meaning environmentally controlled or nature trails; "black roads" meaning contractors or delivery roads and "blue roads" meaning private access roads for residences.
3.4.2 The National Road Traffic Act, 1996 (Act No. 93 of 1996), and the Regulations made there under, as well as the by-laws of the applicable Local Authority, shall apply to the main roads (yellow roads) in the Estate.
3.4.3 The main roads are for the use of all residents of the Estate, their visitors, and emergency vehicles. Parking on road sides and Village Open Areas is prohibited.
3.4.4 No busses or taxi’s will be permitted on the estate beyond the designated parking areas.
3.4.5 The speed limit is restricted to 30 km per hour on all roads.
3.4.6 All traffic signs on the roads must be adhered to.
3.4.7 Pedestrians have the right of way on all roads
3.4.8 Only licensed drivers may operate and drive engine-powered vehicles on the roads or anywhere else on the Estate.
3.4.9 Parents are responsible for ensuring that their children are made aware of the dangers relating to the use of roads and must take responsibility for their children’s safety.
3.5 Restriction of usage: vehicles
3.5.1 Motorcycles, including off-road variants, quad-bikes or similar and other such vehicles with noisy exhaust systems are prohibited in the Estate and on the Reserve.
3.5.2 Members may drive 4x4 or other similar off-road vehicles on the Estate, but must remain on the designated roads.
3.6 Good neighborliness
3.6.1 The volume of music or electric instruments, partying and the activities of domestic staff members should be kept at a level so as not to create a nuisance to neighbours or to the atmosphere of tranquility on the Estate.
3.6.2 Washing lines must be suitably screened from neighboring properties.
3.6.3 Refuse, refuse bins and garden refuse bags may only be placed in the designated refuse area; and not dumped or discarded in any public area, including the Open Space areas, roads, roadsides, dams or vacant stands, or any place not demarcated for this purpose.
3.6.4 Owners must ensure that their employees and visitors do not litter on the Estate, and specifically not at any prominent places such as gates, circles, road junction and pick up points .
3.6.5 In the event of annoyance or complaints, the parties involved should attempt as far as possible to settle the matter between themselves, exercising due tolerance, reasonableness and consideration .3.6.6 Residents and their guests are urged to leave any areas they visit in a cleaner condition than that in which it was found. Residents should also develop the habit of picking up and disposing of any litter encountered in the Open Space areas or the Estate.
4.1 Security protocol at the gate must be adhered to at all times. Under no circumstances may residents or any unauthorized person other than the security personnel, management or maintenance personnel be allowed into the Gate House.
4.2 The CHOA security identification system for permanent workers, temporary workers and contractor representatives must be conscientiously enforced by every owner with respect to people in his/her employ.
4.3 All owners must request visitors to adhere to security protocol and residents are requested to always treat the security personnel in a co-operative manner.
4.4 All owners must ensure that contractors in their employ adhere specifically to the security stipulations of the Contractors Code of Conduct.
4.5 All attempts at burglary or instances of fence jumping must immediately be reported to a member of the security staff.
4.6 Should residents purchase burglar alarm systems for their residences, they may with the prior written consent of CHOA be linked to the security control room if they are compatible with the electronics of the Estate security system.
4.7 The control room at the gatehouse should, where possible, in advance be advised of the pending arrival of visitors. Details of vehicle registration numbers and the property to be visited should, in particular, be provided.
4.8 New occupants (owners/tenants) must advise the Security Supervisor on duty of their home telephone/cellular phone numbers, stand number and address to enable Security to make telephone contact for permission to allow visitors to the residence.
4.9 No property may be secured with razor wire or similar fencing during or after the construction period.
4.10 Residents on the perimeter wall are responsible for keeping overgrowth at least 1 meter clear of the electrified fence.
4.11 Residents on the electrified perimeter fence must advise any visitor of the dangers pertaining thereto.
4.12 No resident may issue instructions to Security Personnel.
4.13 The Association is required to maintain such a register and this will be kept in the form of a computer database. All residents are required to complete the necessary input form. From time-to-time it will be necessary to update this database with owner particulars and the co-operation of owners is requested in such work.
55 WILDLIFE & THE ESTATE
5.1 Access and Usage restrictions
5.1.1 No person who is not a Member, a bona fide employee or a grandparent, spouse, child or grandchild of a member shall be entitled to be present on the Estate, other than as a guest or invitee in the presence of a Member, and, if not in the presence of such Member, without the prior written consent of such Member.
5.1.2 Members are responsible for ensuring that any party given access to the Estate complies with the terms and conditions of the Constitution and with all regulations of the Association and its Executive Committee.
5.1.3 Members are liable for the acts or omissions of their employees, visitors, pets, animals or family members, which may cause any form of damage to the property or any valuables of the Estate. The Executive Committee is entitled to impose disciplinary action and claim damages against the Member as if the infringement had been committed by the Member himself.
5.1.4 A large number of residents and / or employees in the Estate is undesirable and not in the interests of game conservation or the Association. Exemptions to this condition may only be allowed with the prior written consent of the Executive Committee subject to such conditions and fees stipulated by the Executive Committee.
5.1.5 Flora may not be damaged or removed from any part of the Estate or an Open Space area without the written approval of the Executive Committee. This includes removal or damage of plants, rocks or any part of the property in the Estate and specifically the collection of firewood.
5.1.6 Members may not introduce any flora unless indigenous to the Estate.
5.1.7 Picnicking will only be permitted in designated areas. Littering will under no circumstances be allowed.
5.1.8 No fishing, swimming or boating is allowed in any dam or water course.
5.1.9 No dumping of garden or general refuse is allowed within the Open Space areas or Reserve. Users of the trail system must take their refuse with them.
5.1.10 Residents’ use of any Village Open Space area on the Estate is entirely at their own risk at all times. The Association will entertain no claims for damages of whatever nature or arising from whatever cause. Residents' use of any Open Space area on the Estate is subject to the conditions agreed to by the CHOA and the Farm owner.
5.2.1 The Farm owner retains the rights to the wildlife on the Estate.
5.2.2 Wildlife on the Estate should experience as little human interference as possible, and has right of way throughout the Estate and the Portions of the Members.
5.2.3 At all times wild animals must be treated as potentially dangerous. Residents must, under no circumstances, attempt to feed, approach or pet animals. Parents are responsible for instructing their children of the danger, and for overseeing their safety.
5.2.4 Feeding of wild animals is strictly forbidden as this could result in habituation to humans. Nesting logs in trees are encouraged, and bird feeders may be placed in trees or high enough above the ground so larger fowl (Geese, Guinea Fowl) cannot gain access to these feeders. The reason being that these larger fowl and monkeys can become “problem animals” especially in times of drought. If these animals do become a problem the Estate would have to remove or have them destroyed which is as a direct consequence of feeding.
5.2.5 The keeping of indigenous or alien wild animal species (e.g. primates, reptiles and birds) is strictly forbidden on the Estate.
5.2.6 The Farm owner retains the right to farm with game on the Estate.
5.3.1 Members are not permitted to chase, hunt, trap and/or kill any wild bird, reptile or mammal of any description within the Estate, for any purpose, except in the case where the Executive Committee issues written permits to Members to kill problem animals such as feral cats.
5.3.2 No Member shall apply directly to any statutory authority for any hunting permit and any permit issued by such statutory authority as a result of a direct application by any Member shall for the purposes of this Code of Conduct be of no force or effect, so that any game shot under such permit shall constitute a breach of the provisions of this Code of Conduct.
5.3.3 Any Member who kills or wounds any game other than in accordance with the terms of a valid permit which has been approved by the Association and which has not been withdrawn by the Association, or unless he acts clearly in self defense, shall be liable to the Association, in addition to any fines or penalties imposed on him terms of any other provisions of this Constitution or other statutory penalties that may be imposed upon him, for a compensatory fine of an amount not exceeding the commercial value of the animal or animals so killed or harmed, such value to be determined by the Executive Committee who shall be deemed to be acting as experts and whose decision shall be final and binding. Furthermore, any permit granted to the Member concerned shall have deemed to have been withdrawn forthwith and such Member shall not be taken into account in determining the hunting permit allocations for the following year, or such extended period as the Executive Committee may in its sole discretion determine.
5.3.4 The Open Space areas (game farm areas) and Estate will be regularly monitored for poaching; any snares found must be reported to the Executive Committee who will remove the snares and conduct an investigation.
5.3.5 Members will not be permitted to fire or discharge any fire-arm (including target shooting) on the Estate without the prior permission of the Executive Committee.
5.4 Release of animals
5.4.1 Members or their employees are not permitted to introduce animals or plants of any description into the Estate without the expressed prior consent of the Executive Committee.
5.4.2 The Executive Committee, and in some cases, the Chairman of the Association, will record the consent in a register of releases.
5.4.3 Any unapproved releases requiring corrective action will be the financial and/or legal responsibility of the landowner (see also Sections 5.1.2 and 5.1.3).
5.4.4 No carnivorous or large animal will be released that can pose a real danger to any person walking within the Estate (the dangers inherent in walking with non-predatory and non-aggressive species do not constitute ‘real danger’). No animal or plant will be released that can adversely affect any existing populations in the Estate through disease, cross breeding, or genetic defects. However, note must be taken that this is a Leopard territorial area and part of the conservation purpose is to preserve these animals.
5.4.5 In the event that it is desired to release any of the following species, unanimous approval from all members for the release must be gained and the Chairman and the Executive Committee must both register that approval in the Release Register.
any other potentially dangerous species.
5.4.6 Any animal or plant released into the Estate must be personally supervised by the releasing authority (the Executive Committee and, in some circumstances, the Chairman of the Association) and only signed as released after the release.
5.4.7 Any release approval that is correctly authorized but subsequently necessitates corrective action will be deemed to be the responsibility of the Association and not the responsibility of the individual(s) who signed the release.
5.4.8 In the event that these guidelines are not followed, then the member(s) who released the unapproved animal or plant, whether by signing the Release Register or by unauthorized release, will be responsible for rectifying the problem (see section 5.4.3 above.)
5.4.9 The Association shall be entitled, in its sole discretion, from time to time control the numbers of certain species of game by culling, but with the permission of the relevant authorities who may also prescribe and direct the culling.
5.5 Fires and wood collection
5.5.1 No fires may be made within the Open Areas or on the Estate unless by order of the Estate Management, for reasons of controlling vegetation (e.g. fire is an essential element of the grassland biomes). In such an event the fire must be controlled and limited to a designated area (to be decided on by the Estate Management, with the approval of the Executive Committee).
5.5.2 The Executive Committee is responsible for organising the necessary burning permits and carrying out the burn. Residents and neighbors will be notified by distributed pamphlets informing them of the Estate’s intent to burn.
5.5.3 That in the event of fire or any other emergency situation, the Members and employees of Members shall, free of charge, assist with fighting such fire and deal with such emergency situation.
5.5.4 As the bulk of wood suitable for sale as braai wood will be removed during the construction phase, the remainder of the wood from subsequent follow-ups or dying / dead trees must be left on site. No wood may be removed from the open areas. Dead trees are an important micro-habitat for insects and the bird species that prey on those insects.
6 Domestic Animals
No domestic animal will be permitted into the Estate without the prior written permission of the Executive committee. Cats will under no circumstances be allowed.
6.2 Agricultural animals & horses
The keeping or grazing of any cloven hoofed agricultural animals on residential land within the Estate is not permitted.
77 SPECIAL OBLIGATIONS
Each Member undertakes:
7.1.1 That external fencing and fencing required on an interim basis during implementation of the various phases of enlarging the Estate, will be erected to a standard agreed upon by the Association. That all foreign materials and metals that may damage or be toxic to any animal must be cleared from Members’ land that falls within Open Space area. The Landowner must clear the Land of these materials within 3 months of the completion of (initial or subsequent) construction, failing which, the Association will do the necessary clearing at the Members expense.
7.1.2 That conservation of flora and fauna on the Member’s land shall be carried out strictly in accordance with the laws, rules and regulations laid down from time to time by the Department of Nature Conservation or any relevant statutory or regional authority and / or by the Executive Committee;
7.1.3 That no Member may cause pollution of any type (air, noise, light, water, ground, etc.).
7.1.4 That any pollution will be the financial responsibility of the defaulting Member to remove.
7.1.5 That the door-to-door distribution of leaflets, brochures or any marketing material is not allowed in the Estate; nor may material be distributed at the entrance gate.
7.1.6 Not introduce any motorized generators, pumps or power plants on the property without the prior written consent of the Executive Committee.
7.1.7 Not erect or affix any advertisement boards or notices in or on any part of the property or on his dwelling or stand without the written consent of the Body Corporate.
88 RIGHT OF WAY
8.1 Notwithstanding that no Servitude will be registered in respect of the same, there shall be reciprocal rights of way and access over Members’ properties in terms of the access roads as established by the Executive Committee;
8.2 Members must not close or effect any substantial deviation of any existing road without the prior written permission of the Executive Committee. In the event of a dispute arising between the Members in regard to any right of way, the dispute will be settled by the Executive Committee whose decision shall be final and binding. This provision does however not apply to private roads on Members’ properties.
8.3 All vehicles must stay on the existing roads, except during emergency conditions (e.g. fire fighting).
8.4 No vehicle may enter the Estate after a period of heavy rain (2 or more hours) for at least 24 hours After the heavy rain has ceased. If roads remain too wet for vehicle use, in the opinion of the Executive Committee, then booms or branches will be placed across the affected roads signifying closure. This situation is to remain in effect until the booms or branches are lifted. This restriction will not apply to maintenance vehicles. No vehicles are to traverse on roads closed by way of booms or branches.
99 RESERVATION OF RIGHTS OF PRIVACY AND OWNERSHIP
9.1 Voting Members have certain rights and privileges flowing from ownership of their land. Every Member of the Association must respect the privacy of other Members.
9.2 Each owner of Portion in the Estate will have a representative vote at any meeting of the members of the CHOA , subject thereto that all owners of Portions indicated on the Master plan as being situate in the following Villages will have the representation and voting right as indicated below:
9.2.1 Rivierplaas 1 (Portions 12 – 70) – one representative and one vote;
9.2.2 Rivierplaas 2 (Portions 71 – 120) – one representative and one vote;
9.2.3 Bergplaas 1, known as Avonskrans (Portions 121 – 164) – one representative and one vote;
9.2.4 Bergplaas 2, known as Luiperdskrans (Portions 165 – 185_ - one representative and one vote;
9.2.5 Ouplaas , known as Sangiro (Portions 186 – 246) – one representative and one vote;
9.2.6 Vleiplaas (Portions 247 – 255) – one representative and one vote;
9.2.7 Village , known as Oude Werf (Portions 256 – 275) – one representative and one vote;
9.2.8 Village, known as Handelspos (Portions 287 – 289) – one representative and one vote;
9.2.9 Farmhouse, known as Helderfontein Herehuis (Portion 276) – one representative and one vote;
9.2.10 Farm Yard, known as Helderfontein Lanfgoed (Portions 277 – 278) – one representative and one vote;
9.2.11 Kloof, known as Die Kloof Bavaria Klub (Portions281) – one representative and one vote;
9.2.12 Plaashuis known as die Ou Opstal (Portion 282) – one representative and one vote;
9.2.13 Langplaas (Portion 283) – one representative and one vote;
9.2.14 Kleinplaas (Portion 284) – one representative and one vote;
9.2.15 Grootplaas (Portion 285) – one representative and one vote;
9.2.16 Known as Wildplaas Wes (Portion 286) – one representative and one vote;
9.2.17 Wildplaas Oos (Portion 290) – one representative and one vote.
110 LEVIES AND ACCOUNTS
10.1 Levies, at a rate and frequency determined by the Executive Committee, will be payable by each Member on THIRTY (30) day terms. Refer Annexure A – Schedule of Fees.
10.2 Interest will be levied on all amounts outstanding for longer than THIRTY (30) days at the prime rate of interest as charged by ABSA Bank until the date of payment thereof.
10.3 Accounts may be reduced by a Member by:
10.3.1 EFT payment;
10.3.2 delivering cash or cheque to the registered address of the Association; or
10.3.3 delivering the services in kind as agreed between the Executive Committee of the Association and the Member;
10.4 Accounts must be settled by the Member on termination of membership. A certificate of Consent for transfer will be issued by the Executive Committee to enable transfer at the Deeds Office.
10.5 While the Member owes money to the Association his voting rights within the Association are forfeited unless he has made suitable other arrangements acceptable to the Association.
111 LETTING AND RESELLING PROPERTY
Only approved Estate Agents may operate and have access to the Estate. In order to ensure that the rules applicable to Nylsoog, which regulate property ownership and occupation of premises on the Estate, are made known to new residents, the following rules relating to the re-sale or letting of property shall apply:
11.1 Neither estate agents nor owners are permitted to erect any “for sale” or “show house” or “to let” signage boards under any circumstances.
11.2 The member who wants to sell/lease his/her property must ensure that the Buyer/Lessee obtains a copy of the CHOA Constitution and Residential Code of Conduct.
11.3 Should any owner let his property, he/she shall notify CHOA in writing, in advance of occupation, of the name of the tenant and the period of such lease.
11.4 Where a tenant continuously breaches rules of the Estate, the Owner(s) can be requested to terminate the lease agreement and/or be held liable for a fine to be determined by the CHOA. This clause must be written into the lease agreement.
11.5 The Seller/Member must obtain a Clearance Certificate from the Association before registration of any transfer, which certifies that: -
11.5.1 the Member does not owe any money to the CHOA with regards to any contributions or payments due to the CHOA;
11.5.2 the written sales contract between the Member and the Buyer has been submitted to the Executive Committee and that they are satisfied that the required clauses referred to in 11.6 are included in the agreement or the CHOA Addendum has been signed; and
11.5.3 the Member is not in default as regards to any of his/her obligations, which arise from the stipulations of these rules or the Articles of Association.
11.6 The Member must ensure that the sales/lease contract contains the following
“The Buyer/Lessee admits that he is aware that it is mandatory that he (if he is a buyer) becomes a Member of the Association upon registration of the property in his name, and that he agrees to become a Member subject to the conditions and stipulations contained in the Memorandum of Association, the Articles and the Rules of the Association. Should he merely be a lessee/occupant of the property, he undertakes to adhere to the stipulations of said documents and accepts that he is in all respects applicable to him.”
11.7 No registration or transfer of a stand shall be registered until:
11.7.1 the new owner commits himself in writing to the CHOA to become a Member and to adhere to the Memorandum of Association, Articles and Rules of the Association, as stated in the Addendum to Purchase Agreement available at the Estate’s office;
11.7.2 the Executive Committee have issued a clearance certificate in which it is stated that the requirements of the Articles of the Association have been complied with.
112 INFRINGEMENT OF RULES OF THE ASSOCIATION
12.1 Infringement of the rules may result in disciplinary action being taken by the Executive Committee, as detailed in the Constitution. In extreme circumstances, the Member may be denied access to the Estate.
12.2 The rules of a specific Village Home Owners Association will always be subject to the Rules of CHOA.
12.3 The CHOA will be the ultimate authority and have the final say in all aspects regarding the Estate.
12.4 Notwithstanding the rules as set out in this constitution and notwithstanding any decision made by the members of any Village Home Owners Association, such decision can only be carried out as valid decision in as far as the decision is not in any way contrary to a stipulation of this constitution of CHOA and/or in any way contrary to a decision made by the members of CHOA.
12.5 Until such time as the Constitution has been drafted and or the Home Owners Association for any one of the Villages within the Estate has been registered, the Constitution and Articles of Association of the CHOA will be applicable to that Village.
113 ANNEXURE A – SCHEDULE OF FEES
The CHOA will determine the Fees from time to time and a current copy of such Fees can be obtained from the CHOA.
14 REVISION / UPDATE OF HOUSE RULES:
House Rules will be revised / updated as and when necessary. A copy of the latest version can be obtained from the CHOA.