Download PDF: Greenville Estate – Conduct Rules
GREENVILLE SECURITY & GOLF ESTATE HOME OWNERS’ ASSOCIATION
1. INTRODUCTION
1.1 Owners and occupiers in Greenville Estate enjoy a unique lifestyle in a security estate alongside a beautiful golf course.
1.2 The purpose of these Rules (the “Rules”) is to harmonize living on the Estate.
1.3 The Rules have been established in terms of the Constitution of the Greenville Security & Golf Estate Home Owners’ Association (‘GHOA’). They are binding on all residents on the Estate, as is any decision taken by the Trustees in the interpretation of these Rules.
1.4 The registered owners of the properties are responsible for ensuring that their occupiers, tenants, members of their families, visitors, their employees and contractors abide by the Constitution and Rules. In the event of a breach of a rule by the owner or any such other of the aforementioned persons, the Trustees shall have the right to take such action against such person as they deem fit, including but not limited to:
1.4.1 giving notice to the owner concerned requiring him to remedy such breach within such period as the Trustees may determine; and/or
1.4.2 taking such steps as they may consider necessary to remedy the breach at the cost of the defaulting owner; and/or
1.4.3 the imposition of a penalty, applying for an appropriate court order or referring a dispute to arbitration;
and the owner shall be responsible for all such associated costs as provided for in the Constitution.
2. INTERPRETATION
2.1 The following conventions shall apply in respect of the interpretation of these rules:
2.1.1 words and expressions to which a meaning has been assigned in the Constitution shall bear the same meaning in these rules, unless inconsistent with the context; and
2.1.2 the headings to the respective rules are provided for convenience of reference only and are not to be taken into account in the interpretation of these rules.
2.2 Unless the context clearly indicates a contrary intention:
2.2.1 the singular shall include the plural and vise versa; and
2.2.2 a reference to any one gender shall include the other genders;
2.2.3 a reference to natural persons shall include juristic persons and vise versa;
2.2.4 the ‘Constitution’ shall mean the Constitution of Greenville Security & Golf Estate Home Owners’ Association;
2.2.5 ‘House’ shall mean a residential dwelling in the Development;
2.2.6 ‘Lessee’ shall include an occupier.
2.2.7 ‘Visitor’ shall include employees, tradesmen and contractors.
2.2.8 ‘Estate’ shall mean the Development.
2.2.9 ‘Golf Course’ shall mean the Durbanville Golf Course which is situated on property adjoining the Estate.
2.3 If any of these rules are in conflict with a provision of the Constitution, the provision of the Constitution shall take precedence.
3. GENERAL CONDUCT
3.1 In order to preserve and enhance the residential ambience and lifestyle within the Estate, all owners shall at all times behave and conduct themselves in a considerate, reasonable and civilized manner, and shall in particular avoid causing an inconvenience or nuisance to other owners.
3.2 In the event of annoyances or complaints, the parties involved should attempt to settle the matter between themselves, exercising tolerance and consideration. In instances where problems cannot be resolved, the matter should be brought to the attention of the Trustees.
4. SECURITY, SAFETY AND RISK
4.1 Security is an important feature of the Estate and owners and occupiers shall at all times ensure that the security and safety of other owners and occupiers and their property are preserved and shall comply with the security systems and procedures imposed and amended from time by the Trustees.
4.2 Although the Estate has perimeter security and access controls, owners, occupiers and their visitors, as the case may be, must remain aware that such measures are not foolproof and only exist as a means of minimizing the risk against burglary, personal harm and suchlike. Neither the Association nor the Trustees hold themselves responsible for any consequences, financial or otherwise, arising as a result of such security measures being breached.
4.3 No person other than security personnel or Trustees may enter the gatehouse.
4.4 Security personnel may under no circumstances be abused or in any manner obstructed from performing their duties and responsibilities.
4.5 All visitors must register at the entrance gate and complete the required form prior to gaining access. Owners and occupiers shall not grant access via the main gate to any person(s) other than their own visitors.
4.6 Any instance of burglary, vagrancy, unauthorised entry or exit, or fence-jumping, or any attempt thereat, must be re-ported to a member of the security personnel at the earliest possible opportunity.
4.7 New residents must advise the security supervisor on duty of their names, telephone numbers, addresses, and other relevant contact details, at the earliest possible opportunity.
4.8 The Trustees may from time to time issue written Directives regarding security and access control. Such Directives shall be deemed to be part of these rules and shall be binding upon all owners and residents.
4.9 All persons on the Estate or using any of its facilities or services are there and do so entirely at their own risk and no person shall have any claim against the Association of whatsoever nature arising from such use, nor for anything which may befall any person during the course of such use, whether caused by human or animal agency, natural phenomena or otherwise. The Association shall not be liable for any injury, loss or damage of any description that any person may sustain, physically or to his or her property, directly or indirectly, in or about the Estate, its amenities or in the individual houses and Erven, nor for any act done or for any neglect on the part of the Association or any of its employees, agents or contractors.
5. CHILDREN
5.1 An owner or occupier will be responsible for adequate supervision of his or her children, or children of their visitors, and shall foresee that no nuisance is caused or common areas damaged and in particular children may not tamper with plants, trees, shrubs, flowers adornments, garden equipment and other fittings on the common areas.
5.2 The playing of games with hard balls (cricket balls, golf balls or suchlike), the use of air guns (“BB Guns” or suchlike) or Ketties and the throwing of stones or other solid objects on the common areas is prohibited.
5.3 Children are not under any circumstances permitted to walk on the boundary walls. The Association shall not be responsible for any injury.
6. EMPLOYEES, WORKMEN AND CONTRACTORS
6.1 Owners and occupiers shall ensure that their domestic workers, employees, workmen and contractors adhere to these rules, the Constitution, Security procedures and General Design Guidelines as amended from time to time.
6.2 Owners and occupiers may not request employees or contractors of the association to perform any task for them during their working hours.
6.3 Owners and occupiers may not interfere with employees or contractors of the association in the performance of their duties and must give them their full co-operation if required.
6.4 An owner or occupier shall be responsible for the conduct of their own employees, contractors, tradesmen and for any persons visiting them.
6.5 Owners and occupiers shall ensure that their employees, contractors or tradesmen do not loiter on the common areas, behave in a disorderly manner or apply to other owners or occupiers for work or donations without the consent of such other owner or occupier.
6.6 Owners and occupiers shall ensure that under no circumstances do friends, visitors or family members of their employees sleep over or reside in their Units.
6.7 Should any employee, contractor or tradesman contravene these rules, the Trustees reserve the right, if justified and after notifying the owner, to refuse such employee, contractor or tradesman entry to the Estate.
7. VEHICLES AND ROADS USAGE
7.1 No owner or occupier or their visitors shall park or stand any vehicle in such a way that it causes an obstruction or danger to other owners or occupiers.
7.2 No vehicles other than passenger, light delivery or motorcycles may be allowed onto the Estate. Caravans, boats, trailers, motorcycles, quad bikes, golf carts and suchlike shall be parked in garages or other enclosed structures as provided for the in the General Design Guidelines and may not be parked on common areas or, for longer than 72 hours, on driveways or gardens.
7.3 Owners and occupiers of sections shall ensure that their vehicles and the vehicles of their visitors and guests do not drip oil, hydraulic fluid or brake fluid and/or any other fluid of whatever nature on the common property or in any other way deface the common areas. In the event of such dripping or damage caused restoration of the affected common area shall be conducted at the expense of the owner concerned.
7.4 No owner or occupier shall be permitted to dismantle or effect major repairs to any vehicle on any portion of the common area, or on an Erf so as to be visible from the outside.
7.5 Damaged vehicles and vehicles that are not in general use, or that are not roadworthy may not be parked within the Estate other than for such short periods as may be approved in writing by the Trustee Committee.
7.6 Hooters may not be sounded at any time on the Estate, except as a warning of imminent danger in the case of an emergency.
7.7 Vehicles may not be revved excessively so as to cause a nuisance or inconvenience to any other owner or occupier.
7.8 Owners, occupiers and their visitors shall adhere to the speed limit of 20 km/h in the Estate.
7.9 The Trustee Committee, or any such other person authorised by them, may cause to be removed or towed away, or its wheels to be clamped, at the risk and expense of the owner and/or driver of the vehicle, including payment of a release penalty to be determined by the Trustees from time to time, any vehicle parked, stood or abandoned in contravention of these Rules.
7.10 Vehicles parked on or entering the Estate are subject to the express condition that it is parked at the owner’s risk and responsibility and that no liability shall attach to the Association or its agents or any of their employees for any loss or damage of whatever nature which owner, or any person claiming through or under him, may suffer in consequence if his vehicle having been parked on the Estate.
8. LANDSCAPING AND PROPERTY MAINTENANCE
8.1 All horticultural and landscape aspects of the Estate, including sidewalks, traffic islands and public open spaces shall be managed, controlled and administered by the Association.
8.2 Owners shall, within 1 (one) month of completion of their dwelling, establish and complete gardens acceptable to the Trustee Committee.
8.3 The garden irrigation system as installed on the common areas shall be maintained by the Association.
8.4 Although the GHOA maintains common gardens, an owner is permitted to improve and supplement planting to his property within its boundaries (i.e. not on sidewalks). Such planting must be approved by the GHOA prior to them being planted.
8.5 An owner shall, to the satisfaction of the Trustee Committee:
8.5.1 repair or maintain his dwelling, including all structures and improvements on the Erf including but not limited to, fencing, pools and paving, in a state of good repair; and
8.5.2 keep his Erf, including gardens, in a clean and neat condition.
8.6 Should an owner, after reasonable notification by the Trustee Committee, or any such other person authorised by them, fail to repair, maintain or clean as provided for in sub-rule 8.5, the Association shall be entitled to remedy the owner’s failure and to recover the reasonable cost of doing so from such owner.
9. APPEARANCE FROM THE OUTSIDE
9.1 An owner or occupier shall not place or do anything on an Erf or a building, which in the discretion of the Trustee Committee is aesthetically displeasing or undesirable when viewed from the outside of the house.
9.2 The storage or placement of materials, wendy-houses, tool sheds, windsurfers, building materials, bird aviaries, inflatable pools and any other unsightly objects or structures, whether fixed or mobile, is not permitted in gardens, or on driveways or on any portion of building structures. All laundry/washing lines or laundry stands shall comply with the provisions of paragraph 6.2 of the General Design Guidelines and shall furthermore not be visible over any boundary wall, viewed from ground level.
9.3 All building or out-building additions to existing houses shall adhere to the GHOA General Design Guidelines. No structural or aesthetic changes may be effected to a house or building and no addition may be made without the written permission of the Trustee Committee.
10. SIGNS AND NOTICES
10.1 No owner or occupier shall place any sign, notice, flag, billboard or advertisement of any kind whatsoever on any part of the common area, his Erf or in his dwelling, so as to be visible from outside, without the written consent of the Trustees first having been obtained.
10.2 Subject to sub-rule 10.1, the only signs permitted on the Estate are suitable “for sale”, “show house” and security signs.
11. ESTATE APPEARANCE
11.1 A owner or occupier shall not deposit, throw, or permit or allow to be deposited or thrown, on the Estate, any rubbish including dirt, cigarette butts, food scraps, building rubble or any other litter whatsoever.
11.2 No trees or plants on the common areas may be damaged or removed.
11.3 Water of swimming pools must be discharged into a sewer drain and not into any storm water pipe or drain.
11.4 No fires, braaiing or barbecuing is permitted save for on an owner’s own Erf or such other area or areas designated and approved by the Trustee Committee from time to time.
12. ANIMALS AND PETS
12.1 An owner or occupier shall not, without the consent in writing of the Trustees, which approval may not unreasonably be withheld, keep any animal, insect, reptile or bird (‘pet’) other than domestic dogs and cats on the Estate, subject however to the Trustee Committee’s right to withdraw the implied consent in respect of any dog and/or cat on the terms and as provided for in paragraph 12.4 hereof as if consent was expressly given.
12.2 All owners and occupiers keeping a pet in terms of sub-rule 12.1 above, or in respect of any rules in force prior to the adoption of these rules shall comply with the following:
12.2.1 owners and occupiers shall adhere to the municipal bylaws pertaining to the keeping of animals in their dwellings or on their Erven.
12.2.2 in the light of neighbour proximity and the openness of gardens, cats and dogs need to be strictly controlled both on and off their property;
12.2.3 dogs shall only be allowed on the common property if controlled on a leash;
12.2.4 no pets are allowed to be left unattended on the common areas;
12.2.5 all dogs must wear identity tags with the telephone number and the house number of the owner or occupier clearly visible thereon;
12.2.6 owners and occupiers shall ensure that their pets do not foul the common areas, nor harass or cause a nuisance to any other owner or occupier;
12.2.7 dogs are strictly forbidden on the Golf Course;
12.2.8 all excrement of pets is to be removed as soon as possible from Erven and immediately from the common areas and disposed of in an appropriate manner; and
12.2.9 owners and occupiers shall ensure that their pets do not cause harm or injury to any owner or occupier, or damage to any property.
12.3 When granting approval in terms of sub-rule 12.1 above, the Trustees may prescribe any reasonable conditions and/or Directives.
12.4 The Trustee Committee may withdraw approval granted in terms of sub-rule 12.1 in the event of a breach of a sub-rule, condition or Directive upon which the owner or occupier must remove the animal, insect, reptile or bird from the Estate within 30 days of notification. In the event that the animal, insect, reptile or bird is not removed within the prescribed period the Trustees shall have the right to remove such pet or pets from the Estate. The owner will be held responsible for the costs of such removal and/or a penalty may be imposed.
13. REFUSE DISPOSAL
13.1 Owners and occupiers shall comply with the municipal guidelines and the Directives prescribed by the Trustee Committee in respect of refuse disposal.
13.2 An owner or occupier shall deposit his household refuse in the prescribed municipal refuse bin and for the purpose of having his refuse collected place the refuse bin on his driveway on the days and times prescribed from time to time by the Trustee Committee.
14. LAUNDRY
14.1 An owner or occupier shall not erect a washing line, nor hang any washing or laundry or any other items on any part of an Erf or dwelling so as to be visible from the outside or from the Golf Course or any road.
15. STORAGE OF FLAMMABLE MATERIAL AND OTHER DANGEROUS ACTS
15.1 An owner or occupier shall not store any flammable material in any manner, or do, or permit, or allow to be done, any other dangerous act(s) in the Estate in contravention of any municipal bylaws.
16. ERADICATION OF PESTS AND HEALTH REGULATIONS
16.1 An owner shall keep his house free of rats, mice, cockroaches, white ants, borer and other wood destroying insects and shall ensure that the activities inside his dwelling, on his Erf and the common areas comply with the municipal health regulations.
16.2 No animal, bird or any living thing may be slaughtered in a house or on an Erf or on any part of the common areas. No meat or fish may be hung out to dry on an Erf or any part of the common areas.
17. RE-SALE, LETTING AND OCCUPANCY
17.1 All lessees and occupiers are obliged to comply with these rules, notwithstanding any provision to the contrary contained in, or the absence of provisions in, any lease or any grant of rights of occupancy.
17.2 Any lease agreement concluded in respect of a property in the Estate must be in writing and include an undertaking by the tenant to comply with the provisions of the GHOA Constitution and the rules and regulations made and determined in accordance therewith. Signed copies must be submitted to the Trustee Committee forthwith.
17.3 In order to protect the integrity of the permanent residential component on the Estate and to ensure exclusivity, the lease of houses may only be for the minimum period as determined from time to time by the owners in general meeting by ordinary majority vote.
17.4 No owner, tenant (lessee) or occupier shall allow more than two persons per bedroom to reside in a house at any one time.
17.5 No person may reside in any building or part thereof (including a garage), or on any part of an Erf, which is not intended for residential purposes, unless authorised by the Trustee Committee in writing.
17.6 Each owner is responsible for the actions of the lessees and other occupiers of his house in the Estate. Should any damages be caused to the common areas, the owner shall be liable to the Association for the costs of the repairs.
17.7 All deeds of sale shall include an obligation for the purchaser to become a Member of the GHOA upon transfer of the property into his name and to remain a Member for so long as he is the registered owner of the property.
17.8 In the case where the beneficial ownership or control of a company, close corporation, trust or other juristic person which owns a property in the Estate is changed or transferred, the transferor must notify the GHOA forthwith of the change or transfer and provide the full names and addresses of the new representatives.
18. DAMAGE, ALTERATIONS, ADDITIONS, IMPROVEMENTS OR STRUCTURES TO THE COMMON AREAS AND DWELLINGS
18.1 An owner may not construct an external alteration or improvement or addition to his or her dwelling, without the written consent of the Trustee Committee and without the building plans being approved by the municipality (if applicable).
18.2 In order to obtain the written consent of the Trustee Committee, an owner shall apply in writing, which application must be accompanied by a written description where after the Trustee Committee will examine the application in conjunction with the provisions set out in the General Design Guidelines and inform the owner of their decision.
18.3 The Trustee Committee may attach reasonable conditions to their consent, including but not limited to the following:
18.3.1 the commencement and completion date for building activities;
18.3.2 the payment of a scrutiny fee, including the fee of the controlling architect (if applicable);
18.3.3 The payment of a deposit.
18.4 With regards to all and any building operations, the following requirements must be complied with:
18.4.1 The owner shall correspond with the Trustee Committee with regards to all aspects of the general building activities, the security measures applicable, the parking of vehicles and the temporary storage of building material and machinery within the Estate.
18.4.2 The owner must comply with the conditions and Directives imposed by the Trustee Committee, as well as the directives of the Municipality (if any).
18.4.3 All doors, windows and other external fittings must be comply with the General Design Guidelines and must be of a good quality and aesthetic appearance.
18.4.4 Any work done must be done with the minimum of discomfort, disturbance, nuisance, obstruction to other occupiers.
18.4.5 The owner indemnifies the Association against any damages and/or any claims that may arise by virtue of his actions or the actions of his workmen or contractors on the premises and accepts responsibility, and shall be liable to the Association (and/or to other owners as the case may be) for any damages caused by him or his workmen or contractors to the common areas (and/or to other dwellings).
18.4.6 The owner must ensure that his or her workmen and contractors comply with the relevant provisions of these rules and the Municipal directives.
18.4.7 The owner shall see to it that his Erf and common areas be kept clean and tidy during the building operations. After completion of the building operations, the owner shall see to it that all building rubbish is removed from his or her Erf and that it be rehabilitated within the period as determined by the Trustee Committee.
18.5 No owner or occupier may erect any tenement, improvement or other structure on the common areas.
18.6 An owner or occupier shall not mark, paint, drive nails or screws or the like into, or otherwise damage or alter, any part of the common areas without the prior written consent of the Trustee Committee.
19. USAGE OF ERVEN, HOUSES AND COMMON AREAS
19.1 An owner may not, without the prior written consent of the Trustee Committee and subject to municipal regulations, use or allow his house or Erf to be used for any purpose other than residential.
19.2 Except for a sale in execution of an Erf or Unit, no auction, jumble or similar sales or exhibitions, shall be held on the Estate.
19.3 An owner or occupier shall not store or leave or allow to be stored or left any article or thing on any part if the common areas except with the written consent of the Trustees first having been had and obtained.
19.4 Walking and jogging on the Golf Course is only permitted after playing hours.
19.5 Cycling is permitted on the roads, parklands and designated link cart paths, but not on the Golf Course.
20. NOISE AND NUISANCE
20.1 No owner or occupier may permit anything to be done in his house, Erf or on the common area, which constitutes a nuisance, inconvenience or an unreasonable invasion of the privacy of the other occupiers, or permit or cause any disturbance or allow his or her children or visitors to cause any disturbance which in the opinion of the Trustee Committee would constitute a nuisance or an invasion of the right of privacy of other occupiers.
20.2 All television, radio, and other appliances, instruments or apparatus emitting sound, including musical instruments, and noise emanating from people or pets, must be kept at audio levels which are reasonable in the discretion of the Trustees. Owners and occupiers shall maintain quietness in their houses, on their Erven or the common property, during the following days and/or times:
18.2.1 Sundays;
18.2.2 22h30 to 07h30 on Mondays, Tuesdays, Wednesdays and Thursdays; and
18.2.3 24h00 to 07h30 on Fridays and Saturdays.
20.3 Any gatherings or parties must be contained within the boundaries of the particular Erf at all times. An owner or occupier shall notify security and all immediate neighbours at least 3 (three) days in advance of any social gathering or party that may cause an inconvenience to them. It must be understood that the GHOA and the Trustee Committee are not responsible for “instant policing” of problems relating to noise and nuisance.
20.4 The use of power tools, hammers etc. is restricted to usage between the hours 08h00 to 18h00 on weekdays and Saturdays and non-religious public holidays. The use of such equipment is not permitted at all on Sundays and religious pubic holidays.
20.5 Owners shall comply with all relevant municipal by-laws relating to the causing of a disturbance of nuisance.
20.6 No fireworks or crackers may be lit or exploded in the Estate.
20.7 No firearm or weapon may be discharged in the Estate, except in self-defence.
21. SWIMMING POOLS
21.1 Owners and occupiers shall ensure that their swimming pools are adequately enclosed to the satisfaction of the Trustee Committee and in order to comply with the National Building Regulations.
22 GOLF GATE ENTRANCE
22.1 Owners and occupiers are not permitted to give their Golf Course access cards to any visitors unless accompanied by such owner or occupier.
23. GOLF COURSE
23.1 The Durbanville Golf Club will manage and control all aspects of golf, sport, recreation and social activities of its members, including the clubhouse and recreation facilities.
23.2 Although the location of the Golf Course is a major contributing factor to the value of properties in the Estate, it is separately owned private property. Limited access is allowed to the course for those persons not paying golf, by consent of the owner of the Golf Course and the Club, and confined to:
23.2.1 after hours, when play on that part of the course is completed;
23.2.2 the cart and other designated paths and fringes of the Golf Course; and
23.2.3 walking or jogging.
23.3 The owner of the Golf Course shall further be entitled to make rules relating to the recovery of golf balls from an owner’s property, the driving of carts, machinery and equipment necessary for playing golf and the maintenance and irrigation of the Golf Course, including at night. All owners will be compelled to observe such rules.
23.4 No games and sports, save for golf, are permitted on the Golf Course and in particular picnicking or braaiing is prohibited.
23.5 No dogs are allowed on the Golf Course.
23.6 No private carts are allowed on the Golf Course unless used for the purpose of playing golf. No vehicles are allowed on the Golf Course at any time, save and except when used for authorised maintenance, sales or other promotional purposes. Golf carts must be registered and the annual “trail fees” paid.
23.7 The retrieval of golf balls from any lakes and water features shall be the sole entitlement of the Golf Club. Owners and occupiers are not permitted to recover golf balls.
23.8 Owners shall not hinder or unreasonably disturb golfer whilst playing.
23.9 The owner of the Golf Course, its director, officers, employees or contractors shall not be liable for any loss of life, personal injury or damage to property suffered by any person whilst in or on the Estate or any part thereof, arising from the flight of golf balls or from any other cause whatsoever relating to the use of the Golf Course.
24. GOLF CARTS
24.1 Privately owned carts must remain on the roads at all times, with no more occupants than designed for. Normal traffic regulations and considerations are applicable.
24.2 Unless used for playing golf, no carts are permitted on the Golf Course.
25. RELAXATION OF RULES
25.1 No indulgence or relaxation in respect of these rules shall constitute a waiver or consent, or prevent the enforcement thereof by the Trustee Committee at any time.
26. COMPLAINTS
26.1 Owners and occupiers shall submit any complaints to the Trustee Committee or Managing Agent in writing, or as otherwise directed.