BERG-EN-DAL ESTATE Homeowners’ Booklet An introduction to a secure and harmonious community in a scenic environment
Estate Manager — Renier Combrinck 082 9022244 Bergendalestatemanager@gmail.com
Gatehouse — 021 791 4614 This edition: June 2013
Administration / Levies / Management
Deliveries / Post
Use of streets and verges
Selling and Letting
11. Security 12. Building / Additions / Alterations / Re-painting
1. INTRODUCTION The main objective of Berg-en-Dal Estate is to provide a high quality, secure lifestyle for its residents in a scenic environment. The powers given to the Trustees and the making of rules are intended to protect this lifestyle and the architectural standards of the Estate. Residents should be aware that for every homeowner, Berg-en-Dal views are an important factor in the enjoyment of the Estate and also influence the market values of Berg-en-Dal properties. You should take this into consideration when planning your own buildings and gardens. Harmonious community living is achieved when residents use and enjoy their own properties as well as the many areas of the estate open to all residents (here called â€œCommon Open Spacesâ€?) in such a manner as to enable other residents also to use and enjoy the facilities. General consideration and tolerance of all residents for each other greatly assists in achieving this end. In the event of an Estate-related dispute between residents, the parties involved should attempt to settle the matter between themselves exercising tolerance, consideration and the relevant Estate rules and guidelines. Failing resolution, if both parties are willing, such matters may be brought to the attention of the Trustees for arbitration. As laid out in the Constitution of the Berg-en-Dal Estate Home Owners Association (HOA), which is available from the Estate Manager, the HOA is a non-profit body whose Trustees volunteer their services and are elected annually by the homeowners. Membership of the Association and acceptance of the terms of its Constitution are compulsory for the registered owner of each property on the Estate. The main business of the Association is the promotion, advancement and protection of the interests of its members as a whole and the administration, enhancement and maintenance of the Estate. This includes control over the design and execution of owners' building work, the use and upkeep of the Private Areas and the security of the Estate. The Association is responsible for establishing a budget, controlling the expenditure, collecting levies from every member and managing all other financial affairs of the Estate.
2. ADMINISTRATION / LEVIES / MANAGEMENT The Constitution of the Association details the conditions under which the Trustees carry out their duties, and includes the obligations of all members of the Home Owners Association. The Trustees may make or amend rules to promote the harmonious and orderly co-existence of residents. The Trustees have the right to fine homeowners who persistently act in contravention of the rules, and these fines will be regarded as income to the Association. The Association's financial year runs to the end of February. Monthly levies and water/sewerage charges are payable by all members to the Managing Agent, Trafalgar Property Management, who is appointed for this purpose by the Trustees on behalf of the Association. Levies are payable in advance on or before the 7th day of every month and interest is raised on arrear accounts. (See your levy statement for details.) Any legal fees incurred by the Association to recover late payments will be charged to the homeowners concerned. In addition to the collection of the monthly levies and charges, the duties of the Managing Agent include the disbursement of expenses, maintenance of accounting records, production of monthly financial reports and provision of secretarial support at Trustee and General Meetings. Homeowners are responsible for the installation and maintenance of water meters and associated piping to enable the measurement of water consumption on their properties. The area around the meter should be clear to provide ease of access to the meter-reader. The Association employs an Estate Manager who supports the Trustees and reports directly to them. The Manager's main duties are the maintenance and security of the Estate. Estate employees and service providers are answerable to the Manager. Queries from homeowners to the Trustees should be emailed to the Estate Manager or submitted in writing to the Estate Manager and deposited at the Gatehouse. Telephonic complaints or queries to the Estate Manager are to be restricted to normal working hours, Monday through Friday, except when related to a breech of security or in an emergency. 3. DELIVERIES/ MAIL Mail is not delivered to residences. The post office delivers directly to the lockable Berg-en-Dal mailboxes situated at the Gatehouse so residents should use the appropriate address “P.O. Box xxxx, Berg-en-Dal Estate, Main Road, Hout Bay, 7806.” We strongly recommend such use as no fees are charged and it is costly and less convenient to rent a box at the Hout Bay Post Office. The Estate Manager allocates box numbers and can assist with these arrangements. Residents may have parcels, pharmaceutical supplies, Neighbourhood Watch kits dropped off at the gatehouse, for later collection by the resident. The guards will also allow courier services, newspaper deliveries, items from retail outlets to be delivered to individual residences. 4. REFUSE Non-recyclable refuse, including garden refuse, should be deposited into Wheelie Bins in large plastic bags. The municipality will collect non-recyclable refuse, door to door, on a weekly basis. Residents are requested to place their Wheelie Bins containing large plastic bags with non-recyclables at the end of their driveways by 8am on Wednesday mornings. Where possible, Estate staff will assist with this task. The municipality will only remove refuse from the Wheelie Bin. What can NOT be recycled? • Cling wrap or disposable nappies • Chemicals, paint, toothpaste tubes, motor oil containers, acids or solvents • Organic waste, food scraps, vegetable peels, garden waste • Clothing or shoes • Wet, dirty or contaminated items Recyclable refuse will be collected on a weekly basis by the municipality’s sub-contractor and should also be placed at the end of the driveway by 8am on Wednesday mornings. Estate staff will assist where possible.
What can be recycled? • Paper: flattened and folded cardboard, any paper, newspapers and magazines • Glass: rinsed bottles and jars • Plastic: any bags. Rinsed bottles and containers • Metal: rinsed food tins, cans and scrap metal • Tetra Pak: foil-lined juice boxes and milk/cream/yoghurt containers • Printer Cartridges are recyclable but should be placed in a separate bag Large cardboard boxes may be deposited out of closed plastic bags, but should be flattened. In order to keep the Estate tidy, and because of problems with domestic animals and the resident Guinea Fowl population, please put out refuse only on Wednesday mornings and not overnight. 5. GOOD NEIGHBOURLINESS All residents are expected to observe and abide by standards of behaviour that are sensitive to continuing harmony and goodwill among neighbours. • •
Every attempt should be made to keep all noise levels subdued and at a level that is not offensive to neighbours. Loud music and party level noise is not permitted after 11pm and offended neighbours have the right to complain directly to South African Police Services. Unless this is a recurrent problem, these complaints should not be referred to the Estate Manager. Mechanical maintenance work, including the use of power saws, lawn mowers and similar tools, shall not be carried out after sunset or at any time on a Sunday. No advertisements or publicity material of any person, including maintenance contractors, shall be exhibited or distributed without the consent of the Trustees. The Trustees shall remove any material exhibited or distributed that contravenes this requirement.
6. BUSINESS ACTIVITIES •
All business activities of any sort conducted from any resident’s premises should be approved by the Trustees prior to the commencement of such an activity. The Trustees will not unreasonably withhold approval for such an activity but reserve the right to impose conditions and withdraw approval in the event that such conditions are not complied with or the subsequent impact on the Estate is considered not in the interests of residents generally. If a resident conducts a business which results in visitors to the Estate: The names of the visitors must be delivered in writing, in advance, to the gatehouse and where the business results in two or more vehicles to the Estate either at the same time or overlapping, the resident must provide off street parking. The Trustees reserve the right to impose an additional levy on residents who conduct businesses within what is a residential Estate. No business activity shall be conducted on the Estate that could cause nuisance to residents, including auctions (except when the property itself is being sold) and garage/jumble sales.
7. PETS Pets are the responsibility of their owners, and they must not be allowed to create a nuisance. To contain their dogs, owners should fence and gate their properties effectively. Dogs that bark unnecessarily, should be confined to a portion of the property such as an enclosed yard or indoors, where they are less sensitive to activities taking place outside their owner’s property, or in extreme cases de-barked. Dogs should be walked on a lead in the Common Open Areas and the owner must immediately remove any excrement deposited by their pets. No animals or livestock that may constitute a danger or nuisance to other residents may be kept within the Estate.
8. USE OF STREETS / VERGES / VACANT ERVEN The speed limit on the Estate is 30km/h. The "speed bumps" are designed for this top speed, and going faster can endanger the lives of children, pedestrians, and other drivers. Use of the hooter is not allowed. Whilst children should make use of their own properties for play, they are not prevented from playing in the streets provided they are properly supervised and do not cause a nuisance to other residents. Bicycles, skateboards, scooters, and roller skates may not be used in the proximity of the Gatehouse or on the Estate's main roads, such as Sagewood Drive and Shiraz Boulevard. Children must be told not to ride against the flow of traffic. The streets and verges may not be used for parking, except in an emergency or for a special function, when parked vehicles must not obstruct the access for other residents. Residents should park their vehicles in their garage, or driveway. Trailers, caravans, boats and the like may not be parked on the verges. • • • • • •
Taxis are not allowed on the Estate, unless specifically ordered by a resident. Except during building operations, when a verge deposit has been paid, bricks, stones, sand, compost and similar materials must not be dumped on the verges. No trees on verges may be removed, nor may trees be planted that obscure the vision of motorists. No garden refuse, whether or not in plastic bags, may be dumped on streets, verges, unbuilt erven or Private Areas. Wheelie Bins may not be left permanently on verges. Vacant erven should not be used as parking of vehicles, dumping grounds for refuse, and any other purposes that may represent an eyesore to residents and visitors.
9. OCCUPANCY It is essential for the security of the Estate and its residents that those people having a right of access to, and occupation of, any property in the Estate be controlled. The Estate Security Officers have this responsibility. For them to affect this control, each homeowner must advise the Association in writing when there is a change in the legal occupier of their property, or a portion of their property. Visitors must be expressly invited by a homeowner or resident known to the Security Officer on duty, the Estate Manager, or a Trustee. Such visitors will only be granted access to the Estate once the Security Officer has obtained clearance from the relevant owner or resident. Failure to conform to these procedures may put their own security and the security of other residents, at risk. Homeowners and residents are not entitled to let "rooms by the night" (i.e., B&B or short-term selfcatering operations). Those wishing to sublet rooms or portions of properties in the longer term should make such requests in writing to the Board of Trustees. Before granting approval, the Board will consider each case in light of its potential impact on the Estate community as a whole. Only one resident domestic employee is allowed for each property. Homeowners are responsible for monitoring the visitors of their domestic employees and will be held responsible should they create a nuisance on the estate. Any person(s) visiting such an employee may not stay overnight and must leave the Estate by 10 p.m. Employees and their visitors may not congregate or loiter in any of the Common Open Areas. The legal occupiers of properties are liable for the conduct of their visitors, contractors and employees, and shall ensure that such persons adhere to the requirements of the Estate.
10. SELLING / LETTING No owner shall let or otherwise part with occupation of their property, whether temporarily or permanently, unless they have obtained a written undertaking from the proposed occupier of the property that they will meet their obligations as described in this booklet and laid out in the HOA Constitution. The Owner must provide the Occupier with a copy of the Constitution and this booklet.
In addition, any Estate Agent acting on behalf of a Homeowner is expected to advise prospective purchasers of their obligations as described in this booklet and the HOA Constitution, and to give them copies. Estate Agent's signs erected on verges must not be left in position for more than one week at a time. The Trustees shall remove any signs which remain in position for longer than this. The Trustees shall have the right—if they have reasonable grounds—to restrain any agent on behalf of an owner from carrying out any selling or marketing activity on the Estate. The owner selling the property shall ensure that the written sales agreement contains the following clause: "The purchaser acknowledges that they are required, upon registration of the property in their name, to become members of the Homeowners' Association and to meet their obligations as members as laid out in the HOA Constitution and Homeowners’ Booklet.” No owner may transfer ownership of, or any other interest in, his or her property without a clearance certificate issued on behalf of the Trustees by which it is certified that the owner is not indebted to the Association in any way. 11. SECURITY Estate security falls under the control of the Board of Trustees Security Sub-Committee, which includes the Estate Manager. From time to time, the Trustees contract with professional Security companies to provide security services. At present SMA Security holds this contract. There is only one entry and exit point to the Estate, providing access from Main Road Hout Bay, protected by mechanically operated booms and gates under the control of security officers located in the Gatehouse. The Gatehouse is manned at all times. Tailgating another vehicle through the booms or gates is not allowed and your support to prevent this is needed. Drivers will be held responsible for any damage caused by this practice. While the security officers manage vehicle entry and exit, permanent residents may have their own Estate entry and exit remotes. The Estate Manager can assist residents in obtaining such remotes. The security officers in the Gatehouse are responsible for the control of the main gates/booms and the monitoring of all motor vehicles and human traffic, (residents, domestic workers, service providers, contractors and their workers). Security protocol at the gate must be adhered to at all times. Copies of ID's of all employees and contractors must be supplied to the Gatehouse before access will be permitted. A card system is in force to control access for permanent workers, temporary workers, staff and representatives of contractors and all residents are required to adhere to this requirement. Residents are therefore obliged to register their domestic employees with the Estate Manager. Residents should telephone the Gatehouse on 021 791 4614 and inform them of any pre-arranged appointments with friends, service providers etc. The guards are forbidden to phone out to cell phones and internet usage can block telephone lines for long periods. If not forewarned, our guards may be faced by irate people at the gate who are asked to wait because the resident's phone is busy, or irate residents, because access is being denied to their visitor. In the interests of security, our guards have been instructed that under no circumstances will anyone be permitted into the Estate without approval of the resident. Should you receive an unannounced visitor, please contact the Gatehouse to find out why, before reporting the incident to the Estate Manager. Please do not interfere with the performance of the security guards’ duties. The Estate is patrolled day and night. Golf carts are used to improve the guards’ speed of response to a call out. In addition, the perimeter of the Estate is protected by an electric fence which gives warning of any interference such as an attempted intrusion. Residents occupying boundary properties must therefore keep vegetation clear of the fence. Arrangements can be made to attend to the problem on their behalf, should they be away, but this might incur an additional cost. Residents may enter into armed response contracts directly with appropriate service providers.
Any suspected attempts to climb over Estate walls or fences, or burrow underneath, or actual intrusions and burglaries, must be reported as soon as reasonably possible to the Gatehouse guards and the Estate Manager. 12. BUILDING / ADDITIONS / ALTERATIONS / REPAINTING The Association provides Guidelines in Relation to Architecture and Landscaping. A copy is available from the Estate Manager. The guidelines are intended to allow the harmonious development of the Estate by encouraging designs that allow for individual expression while ensuring a measure of consistency in the character of the Estate, and to maximise the value of every property in Berg-en-Dal. Consideration must be given to the impact of design on the views and privacy of other homeowners. Before proceeding with any building, alterations, additions or re-painting, the guidelines should be thoroughly perused and subsequently adhered to. Sample patches of external wall colour must be seen and approved by the responsible Trustee(s) before painting or re-painting. At an early stage, the building platforms and building lines should be confirmed with the Estate Consulting Architect, Mr Keith Struthers. Contact details are: 021-7947655 and email: firstname.lastname@example.org. Building sketches and preliminary plans should be submitted to the Trustees before proceeding with the detailed design. Submissions and communications must be placed in an envelope and addressed to the Estate Manager, Berg-en-Dal, and deposited at the Gatehouse. There is also a set of Regulations Governing Building Contractor Activity and Code of Conduct, a copy of which is available from the Estate Manager. This document must be signed by the homeowner or homeowner's representative and their main contractor, and a copy lodged with the Association before any building activity may commence. It should be recognized by the homeowner and contractors as an integral part of their contract. No temporary or prefabricated carports, Wendy houses, tool sheds or garden huts shall be erected. Jungle gyms shall only be erected with the express agreement from all homeowners whose views may be affected. Only indigenous trees or shrubs shall be planted in the Common Open Areas such as street verges. Due to water shortages, residents are requested to use water wise/indigenous plants and trees and limit the number of exotic plants in their own gardens. Hedges in Ownerâ€™s properties shall be maintained at a height of less than 1.8 metres above natural ground level for the purposes of protecting the views from neighbouring properties. Trees and shrubs that grow to more than 1.8 metres may only be cultivated if located within the building platform and may not exceed the building height restriction applicable. The Board of Trustees February 2012.