Midfield Rules - Midrand Estates

Huiseienaarsvereniging MSWHome Owners Association NPCMaatskappy sonder winsoogmerk.Non-Profit company.Reg Nr. 2005/024376/08VAT Nr. 4320224316(012) 661 0456 Fax/Faks: (012) 661-0451 189, MIDSTREAM ESTATE, 1692 1 Rainbow Drive , Midrand Estates, 1692HOUSE RULES1. INTRODUCTION1.1 The prime objective of the MIDFIELD ESTATE Home Owners Association(hereafter referred to as MHOA) is to promote, enhance and protect the communalinterests of its Members. This is done through the management of thedevelopment of residences and related facilities (swimming pools, shelters,outbuildings, extension, roads and storm water systems, etc) with an appropriateset of house rules.1.2 The House Rules have been formulated in terms of the Memorandum ofIncorporation of the MHOA and are binding upon all the Owners of stands(henceforth referred to as Members) and their successors in title, or assignees.2. Membership1.2.1 It is the sole responsibility of the Members to familiarize themselves withthe stipulations of the Memorandum of Incorporation of the MHOA andfurthermore to ensure that their families, lessees, visitors, friends and theircontractors and employees comply with the Rules.1.2.2 General consideration by all residents for the rules and each other willgreatly assist in assuring peaceful coexistence in the estate.2.1 Membership of the MHOA is limited to the registered Owners of stands or units inMIDFIELD. Membership is automatically conferred as soon as a stand or unit isregistered in a person’s name.2.2 Membership of the MHOA is terminated as soon as the Member ceases to be aregistered Owner of a stand or unit in MIDFIELD.2.3 The registered Owner of a stand or unit may not resign as a Member of the MHOA.2.4 The rights and obligations of a Member are not transferable independently from thetransfer of his property rights, and each Member shall3. Directors- to the best of his ability promote the interests and aims of the MHOA, and- Strictly comply with all rules made by the MHOA.3.1 The Board of Directors consist of a minimum of 4 (four) and a maximum of 7(seven) Directors.3.2 Matters pertaining to the MHOA are managed by the Board which may exercise allcompetencies due to the MHOA, subject to such Regulations as may from time to timebe resolved at a General Meeting of the MHOA. No regulation which the Members ofthe MHOA may prescribe at a General Meeting will invalidate any preceding act of theBoard, provided such act had not been inconsistent with existing regulations at thattime.Direkteure / Directors: J A Botma , D Louw , R P Modibane, A F Oberholzer ,J N Rhoodie , C Smith , J A T Zeederberg .

3.2.1 The Board has the right to co-opt any person or persons designated byit on any committee which the Board may convene and under suchconditions as the Board may from time to time prescribe.3.4 The Board may not make rules which are contrary to the Memorandum ofIncorporation of the MHOA. The Board may, over and above the aspect mentionedin Article 8 of the Memorandum of Incorporation, also makes rules with referenceto:oooThe promotion of the objectives of the MHOA;The improved management of matters pertaining to the MHOA or the promotion ofthe interests of Members or the regulation of Board or General Meetings and themanagement of activities in general;The appointment of committees.4. Levies and Administration4.1 The MHOA has the authority to collect levies from its Members to pay forexpenditures made by the MHOA or expenditures which the Board may withinreason anticipate the MHOA will need to incur in future, with regard tomaintenance, repairs, improvements or upkeep of any of the common property (forexample the boundary wall, entrance gate, open areas, fencing, roads and stormwater systems, etc), and in general for the payment of all expenses reasonably, orby necessity, incurred in terms of the management of the MHOA, and/or pursuantto its main objective as it was set out in the Memorandum of Incorporation.4.2 In terms of the Memorandum of Incorporation, Members are obliged to pay leviesas determined by the Board of Directors. The levies shall be as follows:- Res I stands : Total Levy- Res II units (town houses) : 20% discount on full levy4.3 The Financial Committee of the Board shall, in accordance with the Memorandumof Incorporation, budget for an amount required by the MHOA to pay for expensesto be incurred during the forthcoming financial year.4.4 All levies are due and payable in advance on the first day of each and every month.4.5 Interest will be raised on all arrear accounts.4.6 Further penalties or legal action, to be determined from time to time, will beimposed on owners with accounts in arrears for 60 days or longer. The MHOAshall be entitled to recover all legal costs incurred on the attorney and own clientscale.4.7 The Board has the right to fine transgressors where any of the rules as stipulatedby the MHOA from time to time have been broken or infringed upon. Such fineswill form part of the levy and shall become due payable on the due date forpayment of the levy.5. Meeting of Members5.1 The MHOA will conduct General and Special Meetings as required in theMemorandum of Incorporation and relevant notification will accordingly be given toall Members.5.2 A General Meeting will be convened annually, within a six month period after thefinancial year end.5.3 Whenever a vote is taken at MHOA meetings, every Member is entitled to one voteper stand/unit provided the Member’s levies have been paid in full.6. Use of Stands/Living UnitsDirekteure / Directors: J A Botma , D Louw , R P Modibane, A F Oberholzer ,J N Rhoodie , C Smith , J A T Zeederberg .

6.1 A stand may be used solely for residential purposes by the Member himself, hisfamily and a maximum of two domestic workers, and or tenants.6.2 No Owner/Member is allowed to change the utilization of his stand or residentialunit either by rezoning or City Council’s approval or by any other means withoutobtaining written approval from the MHOA. No duettes are to be developed onResidential I stands.6.3 No business activity may be conducted on any stand or unit.6.4 No hobby which in the opinion of the Directors constitutes an aggravation ornuisance to Members, including a Jumble sale, may be conducted on any stand orunit.6.5 No property may be utilized as a commune.7. Traffic Rules7.1 All the streets in Midfield Estate, except for Brakfontein Road, are deemed to beprivate streets and fall under the jurisdiction of the MHOA.7.2 The National Road Traffic Act, 1996 (Act No. 93 of 1996), and the Regulationsmade there under, as well as the by-laws of Ekhuruleni Metropolitan Municipality,shall apply to the streets in the Estate.7.3 The following rules are, notwithstanding rule 7.2, applicable to the streets in theEstate:(a) The streets are for the use of all residents of the Estate, their visitors,contractors and emergency vehicles.(b)The speed limit is restricted to 30km per hour(c) All traffic signs on the streets must be adhered to.(d) Parking on paved walkways, pavements and parks are prohibited.(e) The use of any motor vehicle with noisy exhaust systems is prohibited.(f) No motor cycles or any other motorised vehicles are allowed on walkwaysor jogging paths.(g) Pedestrians must cross streets at designated crossings on the Estate andthey have the right of way at such crossings.(h) Only licensed persons may drive an engine powered vehicle in the Estate.(i) Only licensed motor cycles and motorised vehicles may be driven in theEstate.(j) Parents must oversee the safety of their children on the streets of theEstate.8. Good neighbourliness8.1 The volume of music or electric instruments, partying and the activities of domestichelp should be kept at a level so as not to create a nuisance to neighbours.8.2 Washing lines must be suitably screened from neighbouring properties.Direkteure / Directors: J A Botma , D Louw , R P Modibane, A F Oberholzer ,J N Rhoodie , C Smith , J A T Zeederberg .

8.3 Refuse, refuse bins (except on official collection days) and garden refuse bags maynot be placed on the pavement. Garden refuse must be removed on the sameday.8.4 Owners must ensure that domestic workers and other employees do not loiter onthe Estate, and specifically not at any prominent places such as gates, road circles,streets, etc.8.5 In the event of annoyance or complaints, the parties involved should attempt as faras possible to settle the matter between themselves, exercising due tolerance,reasonableness and consideration.9. Ensuring a pleasing streetscape9.1 Each stand owner is responsible for maintaining the area between the curb and theboundary of his/her property in a clean and pleasing condition. The MHOA cancompel the owner or tenant to improve the aesthetic appearance of this area whendeemed necessary, at the cost of the owner.9.2 Garden fences and/or walls and outbuildings forming part of the streetscape shouldbe regularlymaintained and painted where necessary.9.3 The MHOA has the right to effect repairs at the cost of the owner should it beconsidered necessary.9.4 Building material may under no circumstances be dumped on the sidewalks orstreets. The owner will be liable for all damages in this regard.9.5 No trees, plants, lawns or pathways planted or developed by the MHOA onsidewalks may be damaged or removed without the permission of the MHOA.9.6 Planting should not interfere with pedestrian traffic or obscure the vision ofmotorists.9.7 No “Wendy Houses” or similar types of structures may be erected. If the ownerrefuses to remove such structures, the MHOA may remove such structures at thecost of the owner.9.8 Caravans, trailers, boats, equipment, tools, engine and vehicle parts, as well asaccommodation for pets should be located out of view and screened fromneighbouring properties and the street.9.9 No doll’s house shall be erected unless prior written permission has been grantedby the HOA, subject to the following conditions:a) The owner must apply in writing for permission from the MHOA to erect astructure for the exclusive use as a doll’s house. A refundable payment ofR 1 000-00 is payable on approval of such doll house. In addition, a 2 (two)yearly inspection by the HOA will be conducted at a cost of R250.00 perinspection (non-refundable) this inspection cost will be levied against thehouse owner or tenants levy account.b) Permission from the HOA will be in writing and will only be for the use ofthe structure as a doll’s house. The doll house may not be used as staffaccommodation, residential area or as a garden/tool shed.c) The floor area of the doll’s house may not exceed 6m², measuredexternally;d) In the event of the doll’s house being visible from a street or an open area(park), the application for said permission for the doll’s house will only beconsidered if the position has been approved by the aesthetics committee.This will require the submission of a layout plan indicating the position ofthe doll’s house as well as all other structures and boundary walls on theproperty;e) The doll’s house may not be elevated above ground level;Direkteure / Directors: J A Botma , D Louw , R P Modibane, A F Oberholzer ,J N Rhoodie , C Smith , J A T Zeederberg .

f) The roof of the structure may not be unpainted corrugated iron.g) The doll’s house will be maintained throughout its life on the standard asoriginally approved by the HOAh) The MHOA may from time to time cause inspections to be carried out toascertain whether the doll’s house complies with the conditions set outabove.i) It is a pre-requisite of issuing a clearance certificate for transfer of aresidence that the structure must be removed;j) In the event of a doll’s house not complying with any of the above thepenalty for the transgression of an aesthetical rule will be charged monthlyuntil the transgression has been corrected or the structure has beenremoved.10. Environmental management10.1 No rubble or refuse should be dumped or discarded in any public area, includingthe parks, streets, sidewalks, dams or vacant stands.10.2 Residents and their guests are urged to leave any open space they visit in acleaner condition than that in which it was found. Residents should also developthe habit of picking up and disposing of any litter encountered in the open spaces.10.3 Picnicking will only be permitted in designated areas.10.4 Flora may not be damaged or removed from any public area.10.5 Fauna of any nature may not be chased, trapped or killed in any area of the Estate.10.6 Residents shall maintain a high standard of garden and pavement maintenance.10.7 Residents should ensure that declared noxious flora are not allowed to grow in theirgardens.10.8 Floodlights must be adequately screened so as not to cause discomfort toneighbours.10.9 Residents’ use of any open space areas are entirely at their own risk at all times.The MHOA will entertain no claims for damages of whatever nature or arising fromwhatever cause10.10 No bathing and/or boating in the dams are allowed, nor are dogs allowed to swimtherein.10.11 No fireworks or any similar types of explosives are allowed to be discharged.11. Security11.1 Security protocol at the gate must be adhered to at all times. Under nocircumstances may residents or any person other that the security personnel,Directors or maintenance personnel be allowed into the Gate House.11.2 The MHOA security identification system for permanent workers, temporaryworkers and contractor representatives must be conscientiously enforced by everyowner with respect to people in his/her employ.11.3 All owners must request visitors to adhere to security protocol and residents arerequested to always treat the security personnel in a co-operative manner.11.4 All owners must ensure that contractors in their employ adhere specifically to thesecurity stipulations of the Contractors Code of Conduct.11.5 All attempts at burglary or instances of fence jumping must immediately bereported to a member of the security staff.Direkteure / Directors: J A Botma , D Louw , R P Modibane, A F Oberholzer ,J N Rhoodie , C Smith , J A T Zeederberg .

11.6 Should residents purchase burglar alarm systems for their residences, they may belinked to the security control room if they are compatible with the electronics of theEstate security system.11.7 The control room at the gatehouse should, where possible, in advance be advisedof the pending arrival of visitors. Details of vehicle registration numbers and theproperty to be visited should, in particular, be provided.11.8 New occupants (owners/tenants) must advise the MHOA Office of their hometelephone/cellular phone numbers, stand number and address to enable Security tomake telephone contact for permission to allow visitors to the residence.11.9 No property may be secured with razor wire or similar fencing during or after theconstruction period.11.10 Residents on the perimeter wall are responsible for keeping overgrowth at least 1meter clear of the electrified fence.11.11 Residents on the electrified perimeter fence must advise any visitor of the dangerspertaining thereto.11.12 No resident may issue instructions to Security Personnel.12. Tenants, Visitors, Contractors and Employees12.1 Should any owner let his property, he/she shall notify the MHOA in writing, inadvance of occupation, of the name of the tenant and the period of such lease.12.2 The Tenant acknowledges that, upon occupation of the leased premises, he/sheand his/her family, visitors and servants shall adhere to all rules and regulations ascontained in this document.12.3 Where tenants continuously breach rules of the Estate the owner(s) can berequested to terminate the lease agreement and/or be held liable for the maximumfine allowed under these rules. This clause must be written into the leaseagreement.12.4 The occupants of any property within the Estate are liable for the conduct of theirvisitors, contractors and employees, and must ensure that such parties adhere tothe House Rules.12.5 The occupants of any property within the Estate are allowed to have the followingnumber of visitors and vehicles:Residential I Stands: Maximum of 30 visitors and a maximum of 10 vehicles perstand.13. Pets13.1 The local Authority by-laws relating to pets will be strictly enforced.13.2 Residents may not keep more that two dogs on their property without the writtenpermission of the MHOA.13.3 Poultry, pigeons, aviaries, cats, wild animals or livestock may not be kept on theEstate.13.4 Pets are not permitted to roam the streets and dogs must be kept on a leash in allareas at all times.13.5 Should animal excrement be deposited in a public area the pet owner shall beresponsible for the immediate removal thereof.Direkteure / Directors: J A Botma , D Louw , R P Modibane, A F Oberholzer ,J N Rhoodie , C Smith , J A T Zeederberg .

13.6 Every pet must wear a collar with a tag indicating the name, telephone number andaddress of its owner. Stray pets without identification tags will be impounded andhanded to the SPCA.13.7 The MHOA reserves the rights to request the owner to remove his/her pet should itbecome a nuisance.14. Undeveloped stands (including stands with uncompleted homes)Uncontrolled growth of veldgrass, weeds and other vegetation creates fire, health andsecurity risks. Owners of undeveloped stands are instructed to cut this vegetation on aregular basis to avoid any annoyance, inconvenience or loss in this regard.Stands will be inspected on 15 January, 15 March, 15 May and 31 October. Any rubble ordebris will be removed and vegetation longer than 400 mm will be cut and the cost hereofrecovered from the Owner. No prior notices will be given.15. Screen- and Boundary Walls and Fences15.1 Construction of screen- and boundary walls form an integral part of the constructionwork done on a stand, and is consequently subject to the approval by theAesthetics Committee.15.2 All screen- and boundary walls, fences, hedges and pavements must at all timesbe maintained in a neat and tidy state.15.3 Members shall take the necessary steps to ensure that the security fence/wallsurrounding the Estate is not damaged and/or removed.15.4 Nothing may be attached to the security fence/wall surrounding the Estate withoutprior written consent from the Board.15.5 No Member may substitute the existing fence/wall surroundingthe Estate with any alternative without prior written consent from the Board.15.6 No signboards (for advertisements, show houses, businesses or any othersignboards) are allowed to be fixed against or on top of the security wall/fence ordisplayed over it.15.7 All other signboards within the boundaries of the Estate are to be displayed onlyaccording to the rules determined by the MHOA.16. Building Regulations16.1 The MHOA’s Building Regulations relate to the control measures regardingaccess and building activities of contractors (and their suppliers). Ownersof stands are obliged tobring the House Rules and Building Regulations to the attention of theirbuilding contractors (and their suppliers) since the stand owners are to beheld responsible for any contravention of the House Rules or BuildingRegulations by the stand owner and contractors.16.2 Measures defined in the Building Regulations comprise the following:Access Control- Registration of main contractor and sub contractors;- Registration of construction workers;- Limiting the times of access.Building Activities- Arrangements for a night-watchman;- Specifying construction times;Direkteure / Directors: J A Botma , D Louw , R P Modibane, A F Oberholzer ,J N Rhoodie , C Smith , J A T Zeederberg .

- Times for delivery of building materials;- Provisions regarding toilet facilities for workers;- Provisions regarding advertising signboards on building sites;- Arrangements regarding refuse removal.Fees Payable- Building deposit.17. Letting and reselling propertyThe concept of this Estate imposes certain restrictions on the manner in which estateagents may operate therein. In order to ensure that the rules applicable to MIDFIELD,which regulate property ownership and occupation of premises on the Estate, are madeknown to new residents, the following rules relating to the re-sale or letting of property shallapply:17.1 The member who wants to sell/lease his/her property must ensure that theBuyer/Lessee obtains a copy of the House Rules of the MHOA. Only an accreditedestate agent may be selected to manage the sale or lease.17.2 The Seller/Member must obtain a Clearance Certificate from the Associationbefore registration of any transfer, which certifies that: -the Member does not owe any money to the MHOA with regards to anycontributions or payments due to the MHOA;the written sales contract between the Member and the Buyer has beensubmitted to the Board and that the Directors have been satisfied that therequired clauses referred to in 17.3 are included in the agreement or theMHOA Addendum has been signed.The Member is not in default as regards to any of his/her obligations, whicharise from the stipulations of these rules or the Memorandum of Incorporation.17.3 The Member must ensure that the sales/lease contract contains the followingclause:“The Buyer/Lessee admits that he is aware that it is mandatory that he (if he is abuyer) becomes a Member of the Association upon registration of the property inhis name, and that he agrees to become a Member subject to the conditions andstipulations contained in the Memorandum of Incorporation and the Rules of theAssociation. Should he merely be a lessee/occupant of the property, he undertakesto adhere to the stipulations of said documents and accepts that he is in allrespects applicable to him;No registration or transfer of a stand or unit shall be registered until:the new owner commits himself in writing to the MHOA to become a Memberand to adhere to the Memorandum of Association and Rules of theAssociation, as stated in the Addendum to Purchase Agreement available atthe Estate’s office;the Directors of MHOA have issued a clearance certificate in which it is statedthat the requirements of the Memorandum of Incorporation have beencomplied with.”18. Distribution and display of Marketing Material.The door-to-door distribution of leaflets, brochures or any marketing material is not allowed in theEstate. Furthermore, said material may not be distributed at the entrance gate.Direkteure / Directors: J A Botma , D Louw , R P Modibane, A F Oberholzer ,J N Rhoodie , C Smith , J A T Zeederberg .

Estate agents and stand owners are not permitted to erect any “for sale” or “show house” or “to let”signage boards without the permission of the MHOA.19. Midfield HOA committeesThe Memorandum of Incorporation of the MHOA provides for the appointment of committees by theMHOA Board of Directors. The Memorandum of Incorporation furthermore allow the Board toallocate or delegate to such committees such functions, powers and duties as it may deem fit.19.1 Aesthetics CommitteeThe Memorandum of Incorporation of the MHOA makes provision for theestablishment of an Aesthetics Committee. In terms of their delegated powers from theBoard, this committee determines the procedures according to which building plans forall structures are to be approved, inspections are performed on completion ofstructures and final approval is to be issued.The Memorandum of Incorporation of the MHOA also provides for Architectural andAesthetic Rules to be drawn up and issued, and according to which:- Building plans for all structures are approved. Apart from houses, these structuresinclude: extensions, improvements, out-buildings, swimming pools, tennis courts,lapa’s, birdcages, etc.;- Inspections are conducted;- Completed units are approved;- Unsightly construction work/structures are rectified.The stand owner is obliged to acquaint him/herself with the MHOA’s Aesthetic Rules.Building plans have to be approved by the Aesthetic Committee before any constructionwork may commence.19.2 Maintenance CommitteeThe Maintenance Committee’s responsibilities and powers (as delegated by theBoard) are as follows:General Neatness of the Town- During construction:-Toilet facilities for building workers;Building material on pavements;Building refuse.- After construction:-Maintenance of screen walls, pavements, etc.Maintenance of MHOA Assets- Gardens/Parks;- Buildings.19.3 Security and Access Control CommitteeThe powers delegated by the Board and the responsibilities of this Committee are:Appointment and management of the Security Personnel;Direkteure / Directors: J A Botma , D Louw , R P Modibane, A F Oberholzer ,J N Rhoodie , C Smith , J A T Zeederberg .

Maintenance and control of security equipment:- Alarm monitoring system;- Security wall: type, height, and entrance;- Electrified fence on security wall;- Booms;- Cameras.Access control of people, vehicles and animals;Registration and regulating of workers.19.4 Traffic Safety Committee:- Appointment and management of staff entrusted with traffic control;- Maintenance of traffic signs and lines;- Provision of information leaflets;- Implementation of traffic control measures.19.5 Financial CommitteeThe Financial Committee controls all expenditures and is responsible for planningthe MHOA’s budget/levies. Refer also to paragraph 4, Levies and Administration.19.6 Newsletter CommitteeThe Newsletter Committee regularly distributes a newsletter to all Members.Related costs are be authorized by the Board.20. ConflictShould a contradiction arise between the stipulations of these Rules and the stipulations of theMemorandum of Incorporation, the Memorandum of Incorporation will take priority andMembers will be obliged to amend these Rules in order to bring them into agreement with theMemorandum of Incorporation.21. Procedures on Fines21.1 Any person contravening a provision of the MHOA House Rules may be liable to afine as determined by the Board of Directors of the MHOA from time to time. Such finesshall be deemed to be part of the levies referred to in rule 4 of the House Rules. TheMHOA must publish such fines on the website www.midrand-estates.co.za on a regularbasis – and at the Estate Office.21.2 A fine must be paid within 21 working days at the MHOA office.21.3 A fine that has not been paid within 21 working days shall automatically be debitedto that person’s monthly statement and be payable in the normal manner on thefirst day of the next month in which the fine is imposed.21.4 A person who is aggrieved by the fine may within 21 working days of the date uponwhich the fine was issued, lodge, in writing, his or her grievance with the MHOA.21.5 The Board of Directors shall establish a Fines Appeal Committee to consider therepresentations of aggrieved persons, and that committee may confirm, reduce oruphold the fine.21.6 A person who is not satisfied with the decision of the Fines Appeal Committee mayappeal in writing to the Board of Directors, within 7 working days. The decision ofDirekteure / Directors: J A Botma , D Louw , R P Modibane, A F Oberholzer ,J N Rhoodie , C Smith , J A T Zeederberg .

the Board is final.21.7 The Board of Directors may appoint inspectors / officers to enforce the HouseRules and issue fines in upholding the House Rules.21.8 These rules also apply to any contractor and/or visitor that enter the Estate.21.9 A contractor who fails to pay a fine may have his or her registration to enter theEstate withdrawn by the MHOA.21.10 A visitor who fails to pay the fine may be refused entry to the Estate.Issued in terms of the Memorandum of Incorporation and the Memorandum of Incorporation of theMIDFIELD Home Owners Association.Director: C SMITH Date: May 2009 Effective Date: 01/06/09Direkteure / Directors: J A Botma , D Louw , R P Modibane, A F Oberholzer ,J N Rhoodie , C Smith , J A T Zeederberg .