Homeowners Association Agreement
HIGHGATE WINE ESTATE
HOMEOWNERS ASSOCIATION RULES
Formulated in terms of Clause …. of the Articles of Association of the
Highgate Wine Estate Homeowners Association
(an Association incorporated under Section 21)
TABLE OF CONTENTS
2. EFFECTIVE DATE
3. CONTRACTORS, DEVELOPMENT AND ARCHITECTURAL GUIDELINES
3.1 PLAN APPROVALS & ARCHITECTURAL DESIGN GUIDELINES
3.2 CONTRACTOR PROCEDURES
3.3 DEVELOPMENT CONTROLS
4. GENERAL CONDUCT BY MEMBERS, RESIDENTS AND VISITORS
5. GENERAL RULES
6. UPKEEP AND MAINTENANCE BY RESIDENTS
8. GATE HOUSE
9. USE OF COMMON FACILITIES
10. USE OF ROADS
11. COMMUNITY CENTRES
12. DOMESTIC WORKERS
13. OPERATING OF A BUSINESS AT HIGHGATE WINE ESTATE
14. FAILURE TO COMPLY WITH RULES
“The Jewel of the Midlands”
HIGHGATE WINE ESTATEis situated just ten minutes from the rapidly growing hub of the Midlands town ofHowick, and isin close proximity to the exclusive private schools of Michaelhouse, Hilton College and St Ann’s, as well as a host of exclusive private schools in Pietermaritzburg. It is also situated at the Gateway to the Midlands Meander and Central Drakensberg.
This charming Wine Estate Lifestyle offers an appealing life away from the hustle and bustle of busy city living, whilst providing an excellent investment opportunity.Highgate Wine Estate is in the perfect location to be considered the “Lifestyle Estate” of the Midlands, and willoffer residents so much more with its host of facilities.
Highgate Wine Estate invites you to experience an unsurpassed quality of life with country charm in a spectacular modern amenity Lifestyle Village. The Wine Estatealso offers quality, safe and secure country living with residential and recreational opportunities unsurpassed in the Midlands region.
Highgate Wine Estate aims to provide a relaxed and secure environment for its Residents. The rules outlined in this document are designed to promote happy co-existence through the enforcement of a reasonable code of conduct which is neither officious nor restrictive, but which will ensure maximum enjoyment of the environment.
It secures the birth of a rich history in the Wine Estate industry in KwaZulu Natalwhile ensuring its future for generations to come.
2. EFFECTIVE DATE OF HIGHGATE WINE ESTATE HOMEOWNERS ASSOCIATION RULES
2.1 The rules have been established in terms of the Memorandum and Articles of Association of the Highgate ResidentialWine EstateHomeowners Association, being a Section 21 Company. The rules are legally binding upon all residents of the Estate, as is any decision taken by the Directors in interpreting and applying these rules.
2.2 On registration of transfer, owners of properties in the Estate are responsible for ensuring that members of their families, visitors, friends, tenants and their domestic staff, as well as any contractors or sub-contractors, are made aware of and abide strictly by these rules.
2.3 These rules shall apply forthwith and all Estate residents, homeowners, property owners, co-owners, corporateowners, Trustees, Lessees, family members, invitees and guests/visitors shall be required to abide thereby. Any contravention of the rules by any person who gains access to the Estate under the authorization of a member of the Highgate Wine Estate Homeowners Association, shall be deemed to be a contravention by that member.
2.4 In terms of the Articles of Association, the Board has the power to make, add to, amend or repeal the rules. These rules shall be annexed to all sales documentation and all prospective investors, buyers of property and buildings and the Estate shall receive a copy of these rules.
2.5 The overriding objective of these rules is to produce a harmonious and happy environment, and residents are encouraged to attempt, in the first instance to settle differences which may arise amongst themselves in a spirit of tolerance and respect. Where necessary complaints may be lodged with the Directors of the HOA.
2.6 The Board will re-print these rules every six months, or as and when required, including any changes or amendments made in the preceding six months in accordance with the procedures as set out in the Articles of Association.
3. CONTRACTORS, DEVELOPMENT AND ARCHITECTURAL GUIDELINES
3.1 PLAN APPROVALS & ARCHITECTURAL DESIGN GUIDELINES
3.2 The appointed Development Architect – Patrick Allen of Allen Architectswill head the Architectural Design & Review Committee.
3.2.1 All buildings in the Estate are to be designed by Allen Architects and built by building contractors accredited to the Highgate Wine Estate Homeowners Association. All gardens are to be designed and installed by landscapers accredited by the Homeowners Association and maintained by accredited garden maintenance services.
3.2.2 For purposes of giving effect to these rules, the Highgate Wine Estate Homeowners Association shall establish a Design and Review Committee, and shall appoint suitably qualified and experienced professionals to serve on the committee.
3.2.3 The design, construction and maintenance of all new buildings and immovable property in the Estate, including any extensions and alterations to the buildings, fences, gardens and planting regime must be approved by the Highgate Wine Estate Design and Review Committee prior to any work being commenced. In addition, the required Local Authority approvals must first be obtained prior to construction of any building work, alterations or extensions to buildings and structures of an immovable nature.
3.2.4 The submission of plans for approval, and construction of all buildings, fences and gardens shall strictly adhere to the comprehensive Architectural Guidelines, Landscaping Guidelines and relevant Tribunal Judgement, Conditions of Establishment, Land Use Controls, Environmental Management Plan and Stormwater Management Plan and Planning Scheme Controls for the Estate obtainable from the Municipality.
3.2.5 No building may be occupied without first having been cleared by the local authority.
18.104.22.168 The Highgate WineEstate Homeowners Association via a certificate stating that the buildings have been erected in accordance with the approved plans and that all architectural, landscaping and environmental conditions have been complied with; and
22.214.171.124 the Municipality in accordance with relevant legislation and by-laws.
3.3 CONTRACTOR PROCEDURES
3.3.1 All contractors shall be registered and accredited to the Highgate Wine Estate Homeowners Association, including all personnel, permanent and temporary labour employed, or any person who will do any kind of work in the Estate.
3.3.2 Contractors are defined as any person or company appointed to construct buildings, do alterations or maintenance to buildings, landscapers, garden maintenance services, and installations of any kind related to immovable property, movable property and or equipment in the Estate.
3.3.3 All contractors and their staff shall abide by the Contractors’ Rules. Any contravention of these rules will result in the contractor being removed from site, fined in accordance with the provisions of the Contractors’ Rules, and may even result in Contractors being denied further access and work in the Estate.
3.4 DEVELOPMENT CONTROLS
3.4.1 All members of the Highgate Wine Estate Homeowners Association, employees, contractors, and visitors shall abide by the Conditions of Establishment, Land Use Controls and Tribunal Judgement in so far as the use of land and erection and use of buildings are concerned.
3.4.2 Any contravention of these rules by any member of the Association, employee, contractor or guest shall be liable to a fine as set out in the Articles of Association, and shall be reported to the relevant authorities for their further action, which may include legal action against such person, member or any other legal entity.
3.4.3 The use of any land or building shall be governed by the relevant planning controlling authority (for these purposes it shall be the Municipality or its successors in title) in terms of the relevant Planning Scheme and related Land Use Controls and Conditions of Establishment, and any other approved scheme applicable to the Estate from time to time.
4. GENERAL CONDUCT BY MEMBERS, RESIDENTS AND VISITORS
4.1 All members, owners, employees and visitors shall demonstrate respect and consideration for one another. In the event of differences or annoyances, the parties involved should attempt as far as possible to settle the matter between themselves, exercising respect, tolerance, and consideration to ensure that a harmonious sense of amenity, place and community are maintained at all times in the Estate.
4.2 For purposes of enforcing these rules, the Highgate Wine Estate Homeowners Association shall appoint a three person Rules Committee at its Annual General Meeting. The Rules Committee shall be supported by the Secretariat to the Homeowners Association. Membership of the Rules Committee shall be reviewed annually, and no person may serve more than two terms on the said Committee. The members of the Rules Committee shall not be entitled to receive any remuneration, and the powers and functions of the said Committee, its standing orders and code of conduct.shall be adhered to at all times.
4.3 Failure to comply with these rules may result in punitive action against the perpetrating entity, which may include, but may not be limited to:-
4.3.1 Imposition of a fine as determined from time to time by the Board. Fines imposed for the breach of or non-compliance with these rules shall be deemed to be part of the levy due;
4.3.2 A reprimand in writing;
4.3.3 The withdrawal of consent granted previously applicable to any applicable and related matter;
4.3.4 An order to pay for damages resulting from non-compliance with any rule. An order to pay for the damages shall be deemed part of the levy due; and
4.4 Application to the relevant authorities or to the Court for the enforcement of the rule(s).
4.5 Should any person be aggrieved by any decision made by the Rules Committee, they may, within 7 calendar days of being informed in writing of the decision of the Committee, lodge an appeal in writing to the Board. The Board of Directors shall hear the appeal and come to a decision within one calendar month of date of notification of appeal.
4.6 The parties shall be entitled to mediation, arbitration and reconciliation as per the legislative requirements of the times.
5. GENERAL RULES
5.1 No garments, household linen or general washing of any nature may be hung out or placed anywhere to dry except in a screened drying yard or other designated area which is not visible from any road, open space and must be reasonably screened from the direct view of neighbors.
5.2 No harmful or inflammable substances, except for those substances usually required for domestic use may be kept in the Estate or on any property or within any building or structure, whether movable or immovable, in the Estate.
5.3 All buildings, fences, driveways etc. shall be maintained by the owner in a clean, tidy and properly kept condition so as not to derogate from the value of neighboring properties and so that the general amenity of the neighborhood is not affected negatively. Where, in the opinion of the Association, the condition of a dwelling is not up to the required standards as set out in the Architectural Guidelines of the Estate, the Association shall give written notice to the owner to carry out the necessary improvements within a specified time. Failure to comply with the notice may result in further action being taken as provided for in these rules and the Articles of Association.
5.4 Private gardening is encouraged and all efforts to beautify the Estate, for the benefit of all owners, are fostered. All gardens shall be maintained to the minimum required standards as set out in the Landscaping Guidelines. Failure to comply with this notice may result in further action being taken as provided for in these rules and the Articles of Association. The removal of garden refuse is the responsibility of the garden maintenance contractor. No garden refuse or domestic refuse may be dumped on the verge, nor may it be burned.
5.5 No damage to the natural environment or any fauna and flora may take place. Any contravention in this regard is liable to the most severe punishment provided for in these rules. A spot fine of R……….. is payable upon any minor infringement in this regard. Should any protected species such as protected trees, plants and animals be damaged or hurt, a spot fine of R……….. is payable upon any infringement in this regard.
5.6 No Flags, Flag poles or radio antenna on poles will be permitted, unless specifically sanctioned by the HOA.
5.6.1 Refuse Removal : The removal of refuse shall be under the control of the HOA who may, in exercising its function in this regard from time to time by notice in writing to all persons concerned :
5.6.2 Lay down the type and size of the container to be used (recycling will be mandatory)
5.6.3 Give directions in regard to the placing of such containers for collection.
5.6.4 Property owners are to ensure that directions given relating to refuse removal are observed.
5.6.5 Removal of refuse of such size, quantity or nature that it cannot be accommodated by the normal service shall be the responsibility of the Property Owner.
5.7 All Municipal and Department of Health by-laws relating to pets must be complied with. Written permission must be obtained from the Rules Committee before any pet is brought onto the Estate. The Committee reserves the right to ban any breed of dog which in their opinion is a threat to any person and or animal.
5.8 No more than two dogs or cats per dwelling may be permitted. Each dog or cat must at all times wear a collarwith a name tag indicating the owners name and telephone number. Dogs must at all time be kept in an adequately contained area within the owners property, and when outside the property, at all times be on a leash under the control of a responsible person. No dogs are permitted in areas designated as sensitive and where dogs are specifically restricted. Fouling by pets must be removed by the owner(s) of the pet immediately.
5.9 No reptiles, livestock, snakes, pigeons, wild animals, poultry, peacocks or aviaries are permitted as petsin the Estate. No pets or animals may cause a nuisance or a disturbance or annoyance to others, and no pet may be left alone in a unit or property for a period exceeding 18 hours.
5.10 No signage may be displayed on the Estate except in accordance with the developers protocol for the erection of new buildings.
5.11 All decorative house name boards must conform to the requirements outlined by the HOA.
5.12 All security procedures in force in the Estate shall be strictly adhered to.
5.13 All disaster management procedures in force in the Estate shall be strictly adhered to.
5.14 No person may deliberately damage, vandalize or sabotage any equipment or property in the Estate. Any violation in this regard shall be subject to the most severe punishment in the rules.
5.15 Parking on sidewalks, in the open spaces and in sensitive environmental areas is prohibited, except in areas so designated for that purpose.
5.16 The lighting of fires in any open area in the Estate is prohibited, except in those areas designated for the purpose of braaing at an authorized function, provided that the fires are contained in a proper burner specifically built for that purpose.
5.17 Disturbing, collecting and or destroying of plant material or fauna is strictly prohibited.
5.18 No general traversing right exists in the open spaces. Persons may only walk or run on the pedestrian pathways built for that purpose. No person may dispose of a burning match or burning cigarette, and no littering with matches or cigarettes or littering of any kind is permitted within the Estate.
5.19 No fireworks are permitted within the Estate.
5.20 Firearms, no property owner shall discharge or permit the discharge of any firearm, air gun, or other lethal or dangerous weapon within the Estate, other than in self defence
5.21 Ordinary parties and other social gatherings on private properties within the estate are permissible, provided that ample provision is made for parking of vehicles, security clearance has been obtained for visitors, and nuisance and disturbance of neighbors do not occur. Special permission has to be sought from the Rules Committee, with at least two calendar weeks’ notice, for any party or function that may cause a nuisance and that will continue after 23h00 at night or on a Sunday or Religious Public Holiday. No marquee may be erected on any private residential property for these purposes without prior approval of The Highgate Homeowners Association.
5.22 Levies payable to the Association shall be paid on or before the 7th of the month in which the levies are due.
5.23 These rules shall be applicable to all residents, visitors and tenants in the Estate. The consent to sell or transfer or lease a property in the Estate shall first be obtained from the Association prior to the transfer of any property or property rights, and the seller must have satisfactorily settled his / her obligations to the Association before consent will be given. The transferee shall become a member of the Association.
6. UPKEEP AND MAINTENANCE OF RESIDENCES
6.1 General house maintenance:
6.1.1 The exterior of every ‘freehold’ dwelling together with fences, driveways, etc, must be continuously and at all times maintained by the owner in a clean, tidy, neat and befittingly repaired, painted and properly kept condition. The maintenance of the exterior of sectional title units is the responsibility of the relevant body corporate.
6.1.2 Standards of house maintenance:
6.1.3 Where, in the opinion of the Association, the condition of a dwelling is not up to the required standards of the Estate, the Association shall give written notice to the owner, or body corporate, to carry out the necessary improvements within a specified time.
6.2 Failure to comply:
6.2.1 Should the owner or body corporate fail to carry out such work as requested, the Association shall be entitled to carry out the work and to recover the reasonable cost thereof from the owner or body corporate, which amount shall be deemed to be part of the levy due by the owner or body corporate.
7.1 All security procedures in force from time to time shall be strictly adhered to at all times by all persons on the Estate.Members are responsible for the actions, behavior, compliance with all rules and security procedures of all visitors who gain access to the Estate under their authorization.
8. GATE HOUSE
8.1 Every member shall stop at all security control gates / internal booms then proceed by operating his/her access card. Should a member not be in possession of an access card, or should the automatic system not be operating, the member may only proceed on being allowed to do so by the guard on duty.
8.2 All pedestrians going through the gates must use their proximity access cards and proceed through the pedestrian turnstiles.
8.3 Visitors are not permitted to enter the Estate on foot. The person being visited must uplift his/her visitor from the gatehouse. Non-card holders are not permitted to walk on the Estate unaccompanied by a resident.
8.4 Gatehouses are strictly out of bounds except for Security personnel and other authorized persons.
8.5 Abuse of guards (who have a very specific job to do) is strictly prohibited. It should be noted under normal circumstances, guards are not permitted to operate the gates / booms for any individual without such person using an access card, as this defeats the whole basis of the recording system of entries and exits.
8.6 Tailgating (i.e. proceeding through the gates or booms when operated by the vehicle in front of you) is prohibited as this also defeats the recording system.
9. USE OF OTHER AMMENITIES
9.1 Residents shall have the right of access to the roads and walking trails for the purpose of walking and jogging, but should stay on pathways and not interfere with other residents privacy.
9.2 The use of these facilities shall be at the risk of the user, and the Association or developer or their agents or employees shall not be liable for any death, injury, loss or damage sustained by anyone.
10. USE OF ROADS
10.1 The roads on the Estate, in spite of being ‘private’ are, in fact, used by the public. Because of this, and for the safety of all residents and road users, it is necessary to apply the provisions of the Road Traffic Act 29 of 1989.
10.2 The roads are for the use of all, whether they be on foot, skates, cycles, golf carts, cars, buses or trucks.In our exclusive environment, this places extra responsibility and awareness on all who use these roads, but more particularly on all adults, and especially parents who need to educate and control their children.
10.3 Speed limit:
10.3.1 The speed limit throughout the Estate is 30km per hour. Any person found driving in excess of 40kph, or in a dangerous manner, will be subject to a warning for the first offence, R100 fine for the second, R200 for the third, and R300 for the fourth offence. The 4th offence will be referred to the Rules Committee.
10.4.1 Pedestrians must be given the right of waythroughout the Estate.
10.5 Operating restrictions for vehicles:
10.5.1 No person shall operate any vehicle upon any place within the Estate unless he is the holder of a valid driver’s license. Engine powered vehicles, cars and motorcycles may only be operated on roads.Sidewalk, open lawn areas and cart paths are out of bounds to vehicles. Any person found driving a motor vehicle on any road on the Estate, for which they do not hold a valid driving license, will be subject to a fine of R200 for the first offence. Any subsequent offence of the same nature will attract a fine of R2000.
10.5.2 Golf carts and bicycles must use the paths provided. Jogging along paths is also permitted. Operating any kind of vehicle while under the influence of alcohol or drugs which may impede the ability to control the vehicle is prohibited. Operating any vehicles in such a manner as to constitute a danger or a nuisance or danger to any other person or property within the Estate is prohibited.
10.6.1 Parking on side walks and open lawn areas, or in front of driveways to residences is prohibited.Parking may only occur in areas so designated for that purpose.
10.7 Scooter bikes / Dune buggies / Off-road bikes:
10.7.1 Scooter bikes, beach or dune buggies or any other vehicle with noisy exhausts may only be driven in a quiet manner on the roads to allow access from the gates to the residence, or vice-versa, and under no other circumstances.
10.8 Caravans and boats:
10.8.1 All caravans, boats and trailers shall be parked only in areas set aside for this purpose, if such area is available. Should such areas be fully occupied or unavailable, caravans, boats and trailers may be parked inside the Estate only with the written permission of the Association and only in areas designated by the Association, if provision has not been made to accommodate them at residences.
10.9 Golf carts:
10.9.1 Golf carts may be legally driven by licensed drivers only. They may not be driven across lawns, on common property or around parking areas and must stay strictly on the internal Estate roads or on cart paths. It is illegal to drive golf carts on public roads outside the Estate. The Municipal Traffic Services are empowered to fine any transgressor and to confiscate the cart. The Club and the Association may require the registration of all golf carts.
11. DOMESTIC WORKERS
Every domestic worker, prior to being engaged to work in the Estate, must be registered by the owner with Security via the Association’s office and issued with an identity card and access disc. When a domestic employee is discharged the owner must immediately inform the Association’s office to allow cancellation of the access disc and card.
12. OPERATING OF A BUSINESS AT HIGHGATE WINE ESTATE
12.1 No member or person may operate any business on any property on the Estate which:
12.1.1 Is not in accordance with the Highgate Wine Estate rules or Town Planning Scheme; or
12.1.2 To which the Board or Directors of the Homeowners Association has not first granted consent.
12.2 The Board of Directors of the Homeowners Association shall not unreasonably withhold consent for the operation of a home office requiring limited parking.
12.3 All retail business shall be run from the commercial node.
13. FAILURE TO COMPLY WITH RULES
13.1 Failure to comply by an owner with any provision of these rules may result in one of the following:
13.1.1 A call for an explanation and / or an apology.
13.1.2 A reprimand and a request to comply.
13.1.3 The imposition of a fine (which shall be deemed to be a part of the levy due by the owner).
13.1.4 The withdrawal of any previously given consent applicable to a particular matter.
13.1.5 An order to pay for damages resulting from non-compliance with any rule.
13.1.6 Application to the Court for the enforcement of the rules.
13.2 The actions to be taken and the penalties to be imposed for breaches or contraventions of the rules shall be entirely at the discretion of the Rules Committee, (appointed by the Board) who shall take due regard of the nature, circumstances and severity of each misdemeanor, breach or non-compliance.
13.3 Should any owner be aggrieved by any decision made by the Rules Committee they may, within 7 days of the finding, lodge an appeal in writing to the Board of Directors via the Estate manager, giving their reasons for such an appeal.
The Homeowners Association Rules are put in place for the benefit of all Homeowners, it is hoped that all Parties will abide by the Rules in the correct spirit.