NOOITGEDACHT VILLAGE DISCLAIMER
PERSONS ENTERING NOOITGEDACHT VILLAGE ACCEPT RESPONSIBLITY TO
COMPLY WITH
THE CONDUCT RULES AND LEGAL TERMS EXCLUDING LIABLITY OF THE
MASTER ASSOCIATION
Any person wishing to enter Nooitgedacht Village and/or make to use of the Communal Property and the facilities of the Master Association may only do so at their own risk.
No person shall have any claim against the Master Association, the Master Trustees or any of the Master Association’s agents, employees or contractors or Members, of whatsoever nature arising from use of the Communal Property, including the roads, and the facilities of Nooitgedacht Village and the use of the Common Areas and Common Property and facilities in the various Precinct of Nooitgedacht Village.
The Master Association, the Master Trustees, the Managing Agent or any of the Master Association’s agents, employees or contractors or Members shall not be liable for any loss (including consequential loss), injury, loss of life or damage to person or property of any nature whatsoever which any person whosoever may sustain directly or indirectly, in or about Nooitgedacht Village, arising from any cause whatsoever, including without limitation thereto, any act or omission (whether negligent or not) of the Master Association, the Master Trustees, the Managing Agent, or any of the Master Association’s agents employees or contractors or Members.
Whilst every effort is made to secure and monitor Nooitgedacht Village, the Master Association, the Master Trustees, the Managing Agent or any of the Master Association’s agents, employees or contractors or Members shall not be deemed to have warranted the safety of any person or property (whether movable or immovable) in the Nooitgedacht Village.
WARNING
The Village is surrounded by electrical
fencing which may cause death if
touched.
INDEX
1. PRELIMINARY
2. BINDING NATURE
3. INTERPRETATION
4. DIRECTIVES
5. WRITTEN CONSENT OF THE MASTER
TRUSTEES
6. SECURITY MEASURES
7. SELLING AND LETTING OF
PROPERTIES
8. USE OF PROPERTIES AND
RESTRICTIONS ON THE USE THEREOF
9. GENERAL CONDUCT
10. TASKING OF PERSONS ENGAGED BY
THE MASTER TRUSTEES
11. TRAFFIC CONTROL AND PARKING OF
VEHICLES
12. MAINTENANCE OF PROPERTIES AND
STREETSCAPE
13. REFUSE DISPOSAL AND PROHIBITING
LITTERING
14. SIGNAGE AND
ADVERTISEMENTS
15. MAINTENANCE OF
PROPERTIES AND APPEARANCE
16. KEEPING OF PETS
17. USE OF THE COMMUNAL PROPERTY AND
COMMUNAL FACILITIES
18. USE OF NOOITGEDACHT FARM AND
THE VILLAGE FACILITIES
19. DAMAGE TO THE COMMUNAL PROPERTY OR
SERVICES
20. MAINTENANCE OF COMMUNAL
SERVICES AND FACILITIES
21. SECURITY FENCE AND
STRUCTURES
22. DISPUTES BETWEEN MEMBERS
23. BREACH OF THESE RULES
24. IMPOSITION OF PENALTIES
25. APPEAL LODGED WITH TRUSTEES
26. LIABILITY FOR DAMAGES AND
COSTS
27. RELAXATION OF RULES
28. IMPROVEMENTS
ANNEXURE A
ANNEXURE B
1 . PRELIMINARY
| 1.1 | The Conduct Rules of the Nooitgedacht Village Master Property Owners’ Association have been formulated and issued in terms of clause 10 of the Master Constitution. |
| 1.2 | The Master Trustees shall do all things reasonably necessary for the enforcement of the Conduct Rules. |
| 1.3 | The Master Trustees may delegate to one or more Master Trustees such of their powers and duties in terms of these rules as they deem fit and may at any time revoke such delegation. The Master Trustees may also form sub-committees for the performance of designated tasks. |
| 1.4 | The Master Trustees may also assign powers and duties in terms of these rules to an agent, or an employee, or to the managing agent, or to a service provider or contractor. |
2. BINDING NATURE
| 2.1 | These Conduct Rules and the duties of an Owner in relation to the use, occupation and enjoyment of his Property and the use and enjoyment of the Communal Property and of the Village Facilities shall be binding on all the Owners and Residents. It shall be the duty of an Owner to ensure compliance with these Conduct Rules by the Residents in respect of his Property and by their Invitees. |
| 2.2 | Each Owner is vicariously liable for the acts or omissions on the part of the Residents of his Property and his or their Invitees within Nooitgedacht Village. In the event of any breach or contravention of any provision of these rules by a Resident or by the Invitees of the Owner or Resident, such breach or contravention shall be deemed to have been committed by the Owner of the Property concerned. Without prejudice to the a foregoing, the Master Trustees shall be entitled to take or cause to be taken such steps against the person actually committing the breach as they may in their discretion deem fit, with or without proceedings against the Owner of the Property concerned. |
| 2.3 | Should any damage be caused to the Communal Property by a Resident or the Invitees of the Owner or Resident, the Owner of the Property concerned shall be liable to the Master Association for the costs to repair such damage, and the costs may be added to the Owner’s levy statement. Without prejudice to the a foregoing, the Master Trustees shall be entitled to take or cause to be taken such steps against the person who actually caused the damage as they may in their discretion deem fit, with or without proceedings against the relevant Owner. |
| 2.4 | All persons who reside in, or enter Nooitgedacht Village are bound by any applicable regulation and by-law of Stellenbosch Municipality and any other competent authority as if such regulation and by-law are incorporated in these rules. |
| 2.5 | These rules shall be binding mutatis mutandis on every Precinct Association and the Precinct Trustees must comply with these Conduct Rules. |
3. INTERPRETATION
In the interpretation of these rules, unless the context otherwise indicates:
| 3.1 | ‘Invitees’ means the employees, servants, workers, contractors, agents, visitors, guests, clients, customers or other invitees of the Owner or Resident. |
| 3.2 | ‘Master Association’ means the Nooitgedacht Village Master Property Owners’ Association. |
| 3.3 | ‘Master Constitution’ means this Constitution of the Master Association, including the annexures thereto, as may be amended from time to time. |
| 3.4 | ‘Master Trustees’ means the Master Trustees of the Master Association from time to time. |
| 3.5 | ‘Owner’ means the registered owner of an Erf or Unit in Nooitgedacht Village. |
| 3.6 | ‘Property’ means an Erf, Section, Exclusive Use Area owned by an Owner, and/or the Precinct Common Areas of a Precinct Association and/or the Common Property of a Scheme in Nooitgedacht Village, as may be applicable. |
| 3.7 | ‘Resident’ means any person who resides in Nooitgedacht Village, irrespective of whether he is an Owner, or a Tenant, or other Occupier of an Erf or Section in Nooitgedacht Village or a family member of such Owner, Tenant or other Occupier. |
| 3.8 | ‘these rules’ shall mean these Conduct Rules of the Master Association. |
| 3.9 | words and expressions to which a meaning has been assigned in the Master Constitution shall bear the meaning so assigned to them. |
| 3.10 | If any provision in the Conduct Rules is in conflict with any provision of the Master Constitution, the relevant provision of the Master Constitution shall prevail. |
| 3.11 | If any provision in a Precinct Association Constitution is in conflict with any provision of the Conduct Rules, the relevant provision of the Conduct Rules shall prevail. |
| 3.12 | 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. |
| 3.13 | words importing:
3.13.1 the singular number only shall include
the plural, and the converse shall also
apply; |
| 3.14 | when any number of days is prescribed in these rules, the same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or proclaimed public holiday in the Republic of South Africa, in which event the last day shall be the next succeeding day which is not a Saturday, Sunday or proclaimed public holiday. |
4. DIRECTIVES
| 4.1 | The Master Trustees may from time to time issue directives in terms of these rules to disclose further information with reference to these rules and the practical application of the rules. |
| 4.2 | The directives may contain conditions imposed by the Master Trustees in terms of these rules, application forms prescribed by the Master Trustees in respect of these rules, and any other information which the Master Trustees want to disclose to Owners and Residents in respect of these rules. |
5. WRITTEN CONSENT OF THE MASTER TRUSTEES
| 5.1 | Whenever the written consent of the Master Trustees is required in terms of these rules, application for such consent must be made in writing and the applicant must furnish the Master Trustees with all the information, details and documentation, as required by them. The written consent of the Master Trustees in terms of these rules or the withdrawal thereof shall be in such format as the Master Trustees shall from time to time determine. Any written consent given on behalf of the Master Association may be signed by a Master Trustee or the Managing Agent. |
| 5.2 | The Master Trustees may attach reasonable conditions to their consent. |
| 5.3 | The Master Trustees may summarily withdraw their consent, in the event of non-compliance with any of their conditions. When withdrawing their consent, the Master Trustees must notify the Resident in writing and provide him with reasons for their decision. |
6. SECURITY MEASURES
| 6.1 | An Owner or Resident and any other person who enters Nooitgedacht Village must comply with the systems and procedures relating to access control to Nooitgedacht Village, and other security measures issued or implemented from time to time by the Master Trustees. An Owner or Resident must adhere to any instructions given by the Nooitgedacht Village Security or any instructions given or conditions imposed by the Master Trustees. |
| 6.2 | All procedures and regulations prescribed in Nooitgedacht Village Site Procedure Manual prepared from time to time by the Master Trustees in conjunction with the security service provider apply to all Owners and Residents and other persons who enter Nooitgedacht Village as is relevant. |
7. SELLING AND LETTING OF PROPERTIES
| 7.1 | When concluding an agreement for the sale of his Erf or Unit, the Owner must include a provision in the agreement of sale that the purchaser shall be obliged to comply with the provisions of the Constitution, the Guidelines and the Conduct Rules of the Nooitgedacht Village Master Property Owners’ Association. |
| 7.2 | The provisions of these rules shall be mutatis mutandis applicable to the lessees and other occupiers of Erven. All lessees and other occupiers shall be obliged to comply with the provisions of 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. |
| 7.3 | An Owner must ensure that his lease
agreement or other agreement of occupancy shall
include provisions to the effect that:
|
| 7.4 | No Owner shall let or otherwise part of the occupation of his Property for a term shorter than three (3) months without the written consent of the Master Trustees. |
| 7.5 | No property may be listed to rent on a short-term rental platform, i.e. platforms that specialise in short-term rentals. |
8. USE OF PROPERTIES AND RESTRICTIONS ON THE USE THEREOF
| 8.1 | No person may conduct a business or practice a trade on or from a residential Erf or residential section in Nooitgedacht Village without the prior written consent of the Master Trustees on such conditions as it deems fit, and subject to the consent of the Municipality. |
| 8.2 | If the applicant is not the Owner of the residential Erf or residential Section, the written consent of that owner for such an application must accompany the application to the Master Trustees and the Municipality. |
| 8.3 | No harmful or inflammable substances may be kept on an Erf or in a Section. This rule shall not apply to the keeping of such substances and in such quantities as may reasonably be required for domestic purposes. |
| 8.4 | No animal, poultry or any living thing may be slaughtered in any Erf or part of the Communal Property. |
9. GENERAL CONDUCT
| 9.1 | An Owner or Resident and any other person who enters Nooitgedacht Village must accord other Residents and persons in Nooitgedacht Village respect and must not indulge in any conduct that, in the discretion of the Master Trustees, is unbecoming, constitutes a nuisance or creates a disturbance. |
| 9.2 | An Owner or Resident must not use his Property or the Communal Property or permit it to be used in such a manner or for such purpose as shall cause a nuisance to any other Resident or an invasion of his privacy. |
| 9.3 | No explosives, crackers, fireworks or items of similar nature may at any time be exploded, lit or operated in the Nooitgedacht Village. |
| 9.4 | No firearms or pellet guns may be discharged in the Nooitgedacht Village, except in self-defence and related purposes. |
| 9.5 | No activities and hobbies may be conducted on the Communal Property which causes a nuisance to other Residents. No remotely controlled drones, with or without photographic equipment, may be used on the Communal Property. |
| 9.6 | No door to door canvassing and/or selling are permitted, unless authorised by the Master Trustees. |
| 9.7 | No hawkers, beggars or people looking for work may be allowed within the Nooitgedacht Village. |
10. TASKING OF PERSONS ENGAGED BY THE MASTER TRUSTEES
An Owner or Resident and any other person who enters Nooitgedacht Village may not request a worker, employee, agent or service provider or contractor engaged by the Master Trustees to perform tasks for him during such person’s work hours, and may not interfere with such person in the performance of his duties.
11. TRAFFIC CONTROL AND PARKING OF VEHICLES
| 11.1 | Speed humps constructed on the roads within Nooitgedacht Village as a traffic calming measure must be negotiated with utmost care to prevent damage to vehicles. |
| 11.2 | An Owner or Resident and any other person who enters Nooitgedacht Village must comply strictly with the control measures from time to time issued or implemented by the Master Trustees to regulate traffic within Nooitgedacht Village. |
| 11.3 | Residents must when driving their vehicles on the roads which form part of the Communal Property adhere to the speed limit of 40 kilometers per hour and must when driving their vehicles on the roads situated within the Precincts, adhere to a speed limit of 20 kilometers per hour. |
| 11.4 | Unless specifically stated otherwise in these rules, the normal statutory traffic laws apply in Nooitgedacht Village. Residents must keep proper lookout for other vehicles and pedestrians when driving their vehicles on any road in Nooitgedacht Village. Residents must not drive in a manner which is considered as dangerous, reckless or negligent. |
| 11.5 | A vehicle may only be operated on the roads and not on other parts of the Communal Property. The operator of a vehicle may not take a short cut over a traffic circle, a communal facility or an undeveloped Erf. |
| 11.6 | A vehicle may not be operated on a street by a person who is not in possession of a valid driver’s license. |
| 11.7 | No Resident or his invitee shall park or stand his vehicle on any part of the Communal Property, except on a demarcated parking bay, if available on the Communal Property and subject to compliance with the reasonable conditions imposed from time to time by the Master Trustees. |
| 11.8 | A vehicle may not be left unattended in such a manner that it may cause an obstruction to other road users or impede the flow of traffic. A vehicle may not occupy more than one demarcated parking bay. |
| 11.9 | A vehicle that is not licensed, not roadworthy, produces excessive noise or smoke, or drips or spills lubricant or other fluid, or that in any other way may damage or deface the Communal Property, may not be operated on a street or be parked or stood on a designated common parking area in Nooitgedacht Village. |
| 11.10 | No Resident shall be permitted to dismantle or effect repairs to any vehicle within the Nooitgedacht Village. Residents must ensure that their vehicles, and the vehicles of their Invitees, do not drip oil or brake fluid onto the Communal Property, or in any other way deface the Communal Property. |
| 11.11 | A Resident and any other person who enters Nooitgedacht Village with a vehicle must observe the control measures issued or implemented from time to time by the Master Trustees to regulate parking in Nooitgedacht Village. |
| 11.12 | Parking or standing of a vehicle on a demarcated parking bay on the Communal Property is subject to the express condition that such vehicle is parked or stood at its owner’s risk and responsibility and that no liability will attach to the Master Association, its workers, employees, agents or contractors for any loss or damage of whatever nature which the vehicle’s owner, or any person claiming through or under him, may suffer in consequence of the vehicle having been parked or stood on such parking bay. |
| 11.13 | The Master Trustees may cause any vehicle, which is parked, stood or abandoned on the Communal Property contrary to these rules, to be removed or towed away, or the wheels of the vehicle to be clamped. The Master Trustees may determine the release fee, which is to be paid for the release of the vehicle, and any other charge which is to be paid to recover the costs of the process. |
| 11.14 | Residents must not use their vehicles in such a manner which causes a nuisance to other Residents. In particular motor radios may not be heard outside vehicles and the hooters of vehicles may not be sounded on the Communal Property, except in the event of an immediate imminent danger or in an emergency. |
| 11.15 | Boats, caravans, trailers, golf carts and quadbikes, may not be parked or left unattended in any Estate Road which forms part of the Common Property. Such vehicles can only be parked within a resident’s private property if they are parked so as not to be visible from the street. |
12. MAINTENANCE OF PROPERTIES AND STREETSCAPE
| 12.1 | The external appearance of any structure erected or placed on an Erf and which forms part of the streetscape must at all times be maintained in a state of good repair to the satisfaction of the Master Trustees. |
| 12.2 | An Owner must at all times keep the garden and the area between the street boundary line of his Erf and the kerb in a neat and tidy condition, free of rubble, refuse, litter, other material and unwanted articles to the satisfaction of the Master Trustees. |
| 12.3 | Trees, shrubs or plants in a garden or in the area between the street boundary line of an Erf and the kerb must be pruned back regularly so that it shall not impede vehicular or pedestrian traffic on the road or pose a safety hazard. Upon instructions issued by or on behalf of the Master Trustees, the Owner of the Erf concerned must prune any such trees, shrubs or plants. The aforegoing provision shall apply mutatis mutandis to any Precinct Common Areas or Common Property, which shall be the responsibility of a Precinct Association to repair and maintain and to keep in a neat and tidy condition. |
| 12.4 | A washing line may not be erected, and washing may not be hung out, in such a way that it is visible from street level. |
| 12.5 | No structure or item that in the discretion of the Master Trustees is unsightly, aesthetically displeasing, undesirable, or detrimental to the general appearance of Nooitgedacht Village may be exposed, installed, placed, or erected on an Erf or on the Precinct Common Areas or on the Common Property. |
13. REFUSE DISPOSAL AND PROHIBITING LITTERING
| 13.1 | A refuse container must be kept on an Erf or, where applicable on the Common Property, in such a manner as to prevent foraging as far as possible and so that it is not visible from the Communal Property or from another Erf. |
| 13.2 | Refuse containers must on the morning of the day scheduled for refuse collection be placed on the sidewalk in front of the Erf concerned or on a designated area of the Common Property of a Scheme. |
| 13.3 | Refuse containers must be returned to the Erf concerned or to the Common Property by no later than 12h00 on the day following the day of scheduled refuse collection. |
| 13.4 | If refuse is not collected on the scheduled day, the refuse container must be returned to the Erf concerned or to the Common Property. |
| 13.5 | Building rubble, refuse, litter, or unwanted articles or material may not be deposited, thrown, placed, stored or dumped, or permitted or allowed to be deposited, thrown, placed, stored or dumped, in or on any part of the Communal Property. |
14. SIGNAGE AND ADVERTISEMENTS
| 14.1 | No estate agency boards or ‘for sale’ signs may be placed on any Erf, the Communal Property, Common Property or on any Precinct Common Areas. No Resident shall place or erect any other sign, notice, billboard, or advertisement of any kind whatsoever on any part of his Erf, Section, the Common Property, the Communal Property or the Precinct Common Areas without the prior written consent of the Master Trustees and on such conditions as the Master Trustees may determine from time to time. |
| 14.2 | No person may distribute any advertisement or information pamphlet, letter or note whatsoever within Nooitgedacht Village without the prior written consent of the Master Trustees. |
15. MAINTENANCE OF PROPERTIES AND APPEARANCE
| 15.1 | An Owner must maintain his Erf and Improvements in a state of good repair and in a clean and neat condition. A Precinct Association must maintain its Precinct Common Areas and Common Property. |
| 15.2 | An Owner must ensure that landscaping in respect of his Erf is undertaken in compliance with the Guidelines and a landscaping plan, approved by the Master Trustees. |
| 15.3 | An Owner must ensure that his Property is free of rats, mice, lice, cockroaches, and any other pests. |
| 15.4 | An Owner must maintain his undeveloped Erf in a neat and tidy state to the satisfaction of the Master Trustees. Building rubble, refuse, litter, unwanted articles or other material may not be deposited, thrown, placed, stored or dumped, or permitted, or allowed, to be deposited, thrown, placed, stored or dumped, on an undeveloped Erf. |
16. KEEPING OF PETS
| 16.1 | No more than two (2) dogs or two (2) cats or one (1) dog and one (1) cat may be kept in a Property without the written consent of the Master Trustees and the Precinct Trustees of the Precinct Association, and subject to compliance with such conditions as they may from time to time determine. |
| 16.2 | A poisonous, exotic or other undomesticated pet, poultry, pigeons, aviaries or livestock may not be kept in any Property or in any structure erected or placed on an Erf or on the Common Property of a Scheme. |
| 16.3 | A pet must be regularly inoculated. No Resident shall permit his dog to be on the Communal Property while suffering from mange or any other infectious or contagious disease and if he cannot prove that the dog is under treatment by a registered veterinarian and is no longer a health hazard. |
| 16.4 | Dogs and cats must wear a collar fitted with a tag indicating the contact details of the owner of the pet. |
| 16.5 | A dog may only be allowed on the Communal Property if controlled on a leash or harness and provided that the person walking a dog must be carrying a poop scoop and plastic bag in full view. Dogs that are commonly regarded as ferocious, vicious or dangerous must be muzzled when present on the Communal Property. A cat may only be allowed on the Communal Property if controlled on a leash. |
| 16.6 | A dog or cat is not permitted to roam outside the Property of an Owner or Resident unattended. |
| 16.7 | A Resident must remove any excrement of his dog from the Communal Property and suitably dispose thereof in a sealed bag in a refuse bin. |
| 16.8 | Residents must ensure that their pets do not cause a noise, nuisance, or disturbance to other Residents within Nooitgedacht Village. No Resident may keep any dog which barks, yelps, howls or whines for more than ten accumulated minutes in an hour or more than five accumulated minutes in an half hour. No Resident must keep any dog which causes a nuisance to other Residents by having acquired the habit of charging any vehicle, animals, poultry, pigeons or persons outside the Erf or by misbehaving in any other manner. |
| 16.9 | A pet may not be neglected by, for example, leaving it to fend for itself or failing to provide it with sufficient shelter, nutrition or veterinary attention. No person shall inflict cruelty on a pet or subject it to violence. No person must provoke, harass or tease any dog. |
| 16.10 | A resident must regularly remove the faeces of his animal from his Property and suitably dispose of it. |
17. USE OF THE COMMUNAL PROPERTY AND COMMUNAL FACILITIES
| 17.1 | Only Residents and their Invitees may enter and use the communal facilities of Nooitgedacht Village. |
| 17.2 | A Resident and his Invitees must use and enjoy the Communal Property in such a manner so as not unreasonably to interfere with the use and enjoyment thereof by other Residents. A person who makes use of a communal facility in Nooitgedacht Village must at all times be considerate and exercise proper care. |
| 17.3 | Open fires or braais are not permitted on a road within Nooitgedacht Village or on the Communal Property or communal facilities. |
| 17.4 | Parents or Guardians who allow their
children to ride a bicycle, skateboard or
roller-skates or any similar type of motion tools /
equipment on the roads of the Estate, must:
|
| 17.5 | A person who is under the influence of an intoxicating substance may not enter the Communal Property. Trapping, shooting, harassing or in any way harming the fauna in Nooitgedacht Village is prohibited. |
| 17.6 | Pets may not be allowed to enter the dams and water features. |
| 17.7 | No auctions or jumble sales may be held on the Communal Property. |
| 17.8 | Residents and/ or their Guests and pets may not swim in the water features in the Park. |
18. USE OF NOOITGEDACHT FARM AND THE VILLAGE FACILITIES
| 18.1 | Only Residents and their guests or visitors may enter Nooitgedacht Farm and use the Village Facilities. |
| 18.2 | Entry to Nooitgedacht Farm is subject to agreement to, and signature of the indemnity, specified in Annexure A hereto. |
| 18.3 | Entry to Nooitgedacht Farm is further subject to compliance with the rules specified in Annexure B hereto. |
19. DAMAGE TO THE COMMUNAL PROPERTY OR SERVICES
| 19.1 | A person may not in any way damage or deface any part of the Communal Property or the communal facilities or any item placed or installed, or structure erected in respect thereof, or any other property of the Master Association. |
| 19.2 | Trees, shrubs or plants may not be removed from or planted in or on any part of the Communal Property without the prior written consent of the Master Trustees. A Resident must not remove, damage, trim, destroy or cut down any plants, trees, flowers or shrubs on the Communal Property, unless authorised thereto. |
| 19.3 | An item, fluid or material that may cause a blockage may not be disposed into the sewerage system. In the event of a blockage that is shown to be the result of such disposal, the Resident concerned must clear the sewerage system within twenty-four (24) hours after the occurrence of the blockage, failing which the Master Trustees may have the system cleared at the risk and for the account of the Owner of the Erf concerned. |
| 19.4 | If a vehicle has dripped or spilled lubricant or other fluid onto any part of the Communal Property or in any other way damaged or defaced the Communal Property, the person responsible for it must forthwith clean or repair the area concerned, failing which the Master Trustees may clean or repair the area for the account of the Owner of the Erf concerned. |
20. MAINTENANCE OF COMMUNAL SERVICES AND FACILITIES
| 20.1 | An Owner or Resident or Precinct Association must permit access to their Erven, Precinct Common Areas, and the Common Property to irrigation pipelines, water metres, fibre optic network and other services or facilities of the Master Association by persons authorised in writing by the Master Trustees, for the purpose of carrying out inspections or repairs. |
| 20.2 | If a person is obstructed from, or hindered in, the performance of his duties contemplated in this rule, the Owner of the Erf concerned may be liable for any additional costs incurred by the Master Association in the performance of such duties. |
21. SECURITY FENCE AND STRUCTURES
| 21.1 | An Owner or Resident must not damage, remove or make any attachments to any part of the security fence and structures, or tamper with the security system or any of its components or in any way obstruct it so as to prevent the proper functioning of Nooitgedacht Village security system. |
| 21.2 | No person may display, erect or place any signage on, against or on top of the security fence and structures, unless authorised in writing thereto by the Master Trustees. |
| 21.3 | Trees, shrubs or plants that in the discretion of the Master Trustees are likely to interfere with the proper functioning of the Nooitgedacht Village security system may not be planted in the close proximity of the security fence or structures. |
| 21.4 | An Owner or Resident or Precinct Association must permit access to their Erven, Precinct Common Areas, and the Common Property to the main security perimeter by persons authorised in writing by the Master Trustees, for the purpose of carrying out inspections or repairs or maintenance to the security perimeter or to prune trees, shrubs and plants that may prevent the proper functioning of Nooitgedacht Village security system. |
| 21.5 | If a person is obstructed from, or hindered in, the performance of his duties contemplated in this rule, the Owner of the Erf concerned may be liable for any additional costs incurred by the Master Association in the performance of such duties. |
22. DISPUTES BETWEEN MEMBERS
| 22.1 | Owners must attempt to resolve a dispute amongst themselves before referring the dispute to security, the managing agent or the Master Trustees. |
| 22.2 | Urgent disputes over noise, violence, conduct or other confrontational nature may be raised with security, less urgent disputes and complaints should be raised with the managing agent who will forward the matter to the Master Trustees where relevant. |
| 22.3 | The Master Trustees will only investigate a dispute between two Owners after the complainant provided sufficient proof that they indeed did approach the neighbour or managing agent to try and resolve the matter prior to referring the matter to the Master Trustees. |
| 22.4 | The Master Trustees must investigate, in such manner as it deems fit, a written complaint received from an Owner relating to the behaviour and / or conduct of a Resident and / or other person in Nooitgedacht Village, and may take such steps with regard thereto as they deem fit. |
| 22.5 | The Master Trustees may on their own initiative, and irrespective of whether a complaint has been received, investigate in such manner as they deem fit the behaviour and or conduct of a Resident and/or other person in Nooitgedacht Village, and may take such steps with regard thereto as they deem fit. |
23. BREACH OF THESE RULES
| 23.1 | If an Owner or Resident or the Invitees of an Owner or Resident or a Precinct Association is in breach of any of these rules or any condition determined or instruction given hereunder, the Master Trustees may by written notice require the Owner or Precinct Association to remedy the breach within the period specified in the notice and failing which the Master Trustees may: |
| 23.1.1 | enter upon the Property to take such action as may be reasonably required to remedy the breach and the Owner or Precinct Association concerned shall be liable to the Master Association for all costs so incurred, which costs shall be due and payable upon demand; and/or |
| 23.1.2 | institute legal proceedings in any court of competent jurisdiction for such relief as the Master Trustees may consider necessary; and/or |
| 23.1.3 | apply to the competent Ombud in terms of the Community Schemes Ombud Service Act, No. 9 of 2011 for an appropriate order; and/or |
| 23.1.4 | in the event of a dispute, attempt to resolve the dispute internally by correspondence or by the holding of an internal dispute resolution meeting with the Master Trustees; and/or |
| 23.1.5 | by agreement refer the matter for mediation proceedings or expert intervention; and/or |
| 23.1.6 | impose a penalty on the Owner in terms of clause 42 of the Master Constitution. |
24. IMPOSITION OF PENALTIES
| 24.1 | The Master Trustees may impose penalties on Owners in terms of clause 42 of the Master Constitution in respect of contraventions of these rules by Owners or the Residents of their Properties or by their Invitees, or in the event of a nuisance being caused by them. |
| 24.2 | Before imposing a penalty, the Master Trustees must by written notice inform the Owner of the Erf concerned of the nuisance or contravention and warn the Owner that if he, or the Resident of his Erf fails to remedy the contravention, or persist in or repeats such conduct or contravention, a penalty will be imposed on the Owner. |
| 24.3 | The Master Trustees have determined the amounts of the penalties in respect of various contraventions and first and successive contraventions at the amount of R1,000.00 (one thousand rand). |
25. APPEAL LODGED WITH TRUSTEES
| 25.1 | An Owner who is aggrieved by any condition, instruction or action by the Master Trustees under these rules, may in writing lodge an appeal with the Master Trustees, provided that if the grievance concerns an instruction to desist from certain conduct, such referral shall not absolve the person concerned from complying with the instruction. |
| 25.2 | The appeal must give a full explanation of the circumstances of the matter and clearly indicate the relief sought. An appeal (containing an objection and motivation) against a penalty imposed must be submitted to the Master Trustees within 30 (thirty) days of the date of the written notice of the penalty. |
| 25.3 | Upon receipt of the appeal, a meeting of the Master Trustees or a meeting of a sub-committee (formed for this purpose by the Master Trustees) may be scheduled to consider the appeal and the Owner and, where applicable, the other person concerned, must be invited to attend. |
| 25.4 | A written notice must be sent to the Owner and, where applicable, the other person concerned, at least seven (7) days before the meeting is held informing him or them of the meeting and inviting him or them to attend, provided that if the Owner and, where applicable, the other person concerned, fails to attend the meeting, the Master Trustees or the sub-committee, as the case may be, may proceed with the meeting and dispose of the appeal. |
| 25.5 | At the meeting the Owner and, where applicable, the other person concerned, may present his or their case, but except in so far as may be permitted by the chairperson, he or they may not participate in the affairs of, or voting at, the meeting. |
| 25.6 | After the Owner and where
applicable, the other person concerned,
presented his or their case, the Master Trustees
or the sub-committee, as the case may be, may
resolve to:
|
26. LIABILITY FOR DAMAGES AND COSTS
| 26.1 | If a Resident or any Invitees of an Owner or Resident cause/s damage to the Communal Property, the Owner of the Property concerned shall be liable to the Association for the damage caused and for the costs of repairs. |
| 26.2 | An Owner shall be liable for and shall pay all costs, including all legal costs on the scale as between attorney and own client together with collection commission, advocates’ fees, administrative costs and all other expenses and charges, incurred by the Master Association in obtaining recovery of arrear levies, penalties, damage or other amounts due to the Master Association by the Owner, or in enforcing compliance with the provisions of these rules. Such costs and expenses may be added to the Owner’s levy account and recovered in the same manner as applies to arrear levies, together with interest at the rate applicable to levies. |
27. RELAXATION OF RULES
No indulgence or relaxation in the application of these rules shall constitute a precedent, waiver or consent, or prevent the enforcement thereof by the Master Trustees.
28. IMPROVEMENTS
| 28.1 | An Owner may not proceed with any external improvements or additions to Erf, including changes of the external colour scheme, without the prior written consent of the Master Trustees and the approval of building plans by the Municipality where applicable. |
| 28.2 | To obtain the consent of the Master
Trustees in terms of sub-rule 9.1 above, the
Owner shall apply to the Master Trustees in
writing and his application shall be accompanied
by:
|
| 28.3 | The Owner accepts responsibility and shall be liable to the Association for any damage caused by him or by his contractors or other workers to the Communal Property and indemnifies the Association against such damage or any claims arising therefrom. If an owner or his contractors or workers damage/s the Communal Property during construction, the Master Trustees may appoint an independent contractor to repair the damage and recover the costs of repairs from the deposit paid by the Owner. |
| 28.4 | Once the Master Trustees have conveyed their approval to the Owner and the building plans have been approved by the Municipality (where applicable), the Owner shall arrange a date for commencement of the work with the Master Trustees or managing agent. |
| 28.5 | No work may commence until arrangement has been made with the Master Trustees or managing agent in terms of sub-rule 28.4 above. |
| 28.6 | An Owner shall comply with the
following provisions regarding construction of
Improvements:
|
| 28.7 | Should any work commence before the Master Trustees have granted their consent, or should the scope of work be materially changed, the Master Trustees may instruct the Owner or his contractors to stop the work, until consent to continue with the work has been granted by the Master Trustees. |
Annexure A
USE OF FACILITIES AGREEMENT
Entered into between
FRITZ WIRTH TRUST (IT 390/84) and NOOITGEDACHT WYNMAKERY (Pty) Ltd (Registration Nr . 1998/00128/07) (Hereinafter referred to as “The Owner”)
and
THE HOME OWNER NOOITGEDACHT VILLAGE (Hereinafter referred to as “The User”)
WHEREAS The Owner owns the property known as
the Nooitgedacht Farm, Stellenbosch,
and
WHEREAS The User wishes to use the property
for recreational purposes, and
WHEREAS The Owner has agreed to allow the
User a privilege to use the property for
recreational purposes, provided that the
following terms and conditions have been met
IT IS THEREFORE AGREED AS FOLLOWS:
1. The Owner agrees to allow the User, his family and his guests the privilege to use the property for recreational purposes . This privilege of use may be terminated by the Owner at any stage without prior notification in the Owner’s sole discretion .
2. The Owner does not warrant that the property is fit for recreational purposes.
3. The User agrees that he, his family and his guests will observe and obey all posted rules and warnings and further agrees to follow any oral instructions or directions given by the Owner (including its agents, employees and representatives). The User also agrees that he, his family and his guests will not engage in any unlawful activities whilst making use of the property for recreational purposes .
4. The User acknowledges the inherent risks associated with the use of the property for recreational purposes. The User therefore assumes full responsibility for personal injury to him, his family and his guests.
5. The User agrees that he, his family and his guests will abide by all the terms and conditions of this agreement as well as the Rules of Nooitgedacht Estate (ANNEXURE B).
6. The User agrees that he, his family and guests will not use the property for any unlawful purpose or purpose contrary to the purposes specified by the Owner.
7. The User agrees that he, his family and guests will obey all laws, rules, and regulations as laid down by the Owner whilst using the property .
8. The User agrees that he, his family and his guests will use the property in such a way so as to not hinder the use or enjoyment of the property by other users .
9. In the event of the User, his family and guests causing damage to the property and/or the User, his family and guests not complying with the terms and conditions of this agreement, the Owner retains the right to decide upon the appropriate sanction and/or remedial action to be taken against the User. The appropriate action and/or remedial action undertaken by the Owner may include, but is not limited to, the issuing of the appropriate fines or billing the User for the damage caused to the property, or cancelling the User’s privilege to use the property .
10. The User agrees to hold harmless, defend and indemnify the Owner (including the Owner’s agents, employees and representatives) against any and all liability for injury and damage including, but not limited to, bodily injury, personal injury, emotional distress or property damage which may result from the User, his family and guests using the property .
11. The Owner retains the right of admission .
12. The Owner retains the right to cancel the agreement where the rules, terms and conditions are not complied with and/or damage is caused by the User.
13. The User guarantees his authority to agree to the terms of this agreement on behalf of his family members and future guests.
14. This agreement constitutes the entire agreement between the parties and no representations, terms, conditions or warranties not contained in this agreement shall be binding upon the parties .
15. No agreement varying, adding to, deleting from or cancelling this agreement shall be effective unless reduced to writing and signed by or on behalf of the parties .
16. No relaxation by the Owner of the Owner’s rights in terms of this agreement, shall prejudice the Owner or be a waiver of its/her/his rights (unless it is a written waiver) and the Owner shall be entitled to exercise its rights thereafter as if such relaxation had not taken place .
Annexure B
Rules of Nooitgedacht Estate.
Section 1. Policy
The Master Property Owners
Association(MPOA) is committed to providing
owners of property in Nooitgedacht Village
with quality parks and recreational
opportunities in a safe, healthy and
enjoyable environment. To fulfil this
commitment, the provisions contained in
these rules are hereby established as the
“Code of Conduct” which shall
apply to the use of Nooitgedacht Village
Parks and Recreational Property including
the Nooitgedacht Farm as per agreement with
the owners. The Code simply requires that
home owners in Nooitgedacht Village conduct
themselves in a rational and reasonable
manner, in accordance with the rules and
regulations established by the Master
Property Owners Association . The Rules of
Nooitgedacht Estate can be amended at any
time by the members of the Fritz Wirth
Trust.
Section 2. Regulations
- A. No person shall violate any regulation posted by the owners of the farm and the MPOA
- B . No person or permit holder shall violate any rule or condition on a permit.
Section 3. Alcohol/Tobacco,
Controlled Substances
Use or distribution of alcohol
(except by special permit); illegal drugs or
controlled dangerous substances are
prohibited . Smoking is prohibited in areas
in which notice is posted.
Section 4. Indecent Conduct
- A. Urinating or defecating on the property other than in the places officially provided is prohibited
- B . No person shall engage in the act of sexual intercourse or other sexual act or indecent or obscene acts or sexual harassment on the property.
Section 6. Employees: Interference
with Duties and Programs
No person may interfere with any
employee acting in the course of his or her
official duties .
Section 7. Unauthorized
Presence
A person requested to leave the
property by authorized personnel must do so
immediately .
Section 8. Destruction of
Property
No person may deface, destroy,
injure, misuse, or remove any property from
the farm .
Section 9. Littering, Dumping and Storage
- A. No person may deposit, leave, or spill refuse or other substances on the farm property other than in bins provided for this purpose .
- B . No person may deposit refuse from private premises on the farm property .
- C . No person may store material or vehicles of any description on the farm property.
Section 10. Posting Notices, Carrying
Signs and Picketing
Attaching or posting of notices,
signs, or any other objects on farm property
is prohibited without written consent by the
owners .
Section 11. Erecting Structures
Enclosure of any area or erection
of any structures on farm property is
prohibited unless authorized by permit.
Section 12. Commercial Use
Solicitation of any business, trade
or occupation is strictly prohibited unless
authorized by permit. This includes
conducting the taking of photographs and/or
videos for commercial use.
Section 13. Audio Devices and
Noise
No person may play an audio device
or create excessive noise so as to disturb
the peace .
Section 14. Powered Model Airplanes
and Rockets
No powered model airplanes or
rockets shall be flown or launched from any
area except on officially designated areas
or by permit.
Section 15. Fireworks and
Explosives
No person may possess and or
discharge any fireworks or other explosive
pyrotechnics on farm property .
Section 16. Weapons
No person shall carry or possess or
discharge a bow and arrow, dart, firearm,
knife with a blade of more than three (3)
inches in length, or other dangerous weapon
on farm property. This provision does not
apply to law enforcement officers.
Section 17. Metal Detectors,
Digging
Using metal detectors and/or
digging into the surface of farm property is
prohibited except by permit.
Section 18. Domesticated Animals
- A. No animal may be brought upon the farm property unless it is on a leash, and is at all times entirely within the control of the person bringing it upon farm property.
- B . Persons bringing any animal upon farm property are responsible for immediate clean- up and removal of the animal’s defecation .
- C . The grazing of any animal is prohibited except in those areas under lease for such purpose or the owner’s authorisation .
- D . Persons may not abandon domestic animals on the farm property.
- E. Domestic animals are not permitted at any time in certain posted areas of farm property.
- F. Domestic animals trespassing on farm property may be impounded.
Section 19. Wildlife, Plants, Fossils, Minerals
- A. No person shall catch, injure, destroy or interfere in any way with any wildlife, plants, fossils, or minerals, except for fishing which will have its own rules .
- B . Animals may not be released on Farm without permission .
- C . Planting vegetation or causing vegetation to be planted on the farm property is prohibited except by permit.
- D . No person may cut or saw any live or dead trees or their parts, with any type of equipment, power or otherwise, on farm property, or remove any live or dead trees from the farm property except by permission from the Farm M anagement.
Section 20. Lost and Found
Objects
Lost objects found on farm property
must be turned over to the Nooitgedacht
Village Estate manager and may be recovered
by proper identification at the offices of
the HOA management office. Lost objects will
be held by the HOA for three (3) months .
Section 21. Intended Use of Park
Property
Use of farm property for other than
intended purposes is prohibited without
prior authorization .
Regulation of Recreational Activities
Section 1. Aeronautical
Activities
Airplanes, helium/hot air balloons,
hang gliders, parachutes, ultra- light
planes, or any other person operated
aircraft shall not be flown or launched on
the farm property except in officially
designated areas by permit.
Section 2. Motorcycles and Motor
vehicles
No motorcycles or motor vehicles
are permitted on farm except for authorised
personnel .
Section 3. Bicycling
Bicycle riding is permitted only on roads or
trails designated for that purpose and is
prohibited on other areas not designated for
bicycle use.
Bicycle riding is subject to the following requirements:
- A. Bicyclists must yield to pedestrians and equestrians along the trail .
- B . Use of any unauthorized motorized vehicle and equestrians on the trail is prohibited.
- C . Bicycles shall not be operated at a speed greater than reasonable and prudent for existing conditions.
- D . No person shall operate any bicycle in excess of forty (40) km per hour, unless speed limit is otherwise posted or directed .
- E. Bicycle trail users shall yield to vehicular traffic at intersecting roadways.
- F. Bicyclists and hikers shall keep left except to pass and bicyclists must alert other trail users before passing.
- H. Bicycle helmet laws are enforced on farm property.
Section 4. Boating
- A. No boat or other watercraft is allowed on the farm dam except by permit.
Section 5. Camping
Camping is permitted only in
designated areas and requires a permit.
Section 6. Fires
- A. No fires are permitted on the farm property except in designated areas and requires a permit.
- B . Before leaving the site, persons who have made fires shall wet the hot coals until they are thoroughly soaked and cold and shall dispose of the coals in steel bins marked “COALS ONLY,” if available .
Section 7. Fishing
Fishing is permitted only in
designated areas and in compliance with the
rules of the fishing permit.
Section 8. Golf
Playing or practicing golf is not
permitted on the farm .
Section 9. Horseback Riding
Horses are permitted only in
designated or established areas and trails.
Section 10. Hunting/Trapping
No Hunting/Trapping is allowed on
the farm property
Section 11. Picnicking
Picnicking is permitted only in
designated picnic areas.
Section 13. Swimming
No Swimming is allowed in the farm
dam .
Section 14. Rowing
Rowing is allowed on the dam in
compliance with the rules of the rowing
permit.
Section 12. Roller Skating/Roller
Blading/In- line Skating and
Skateboards
Roller skating, roller- blading, in
-line skating, and skateboarding are
permitted only in areas designated for such
use . Skateboarding is prohibited on
hiker/biker trails