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G O L F

A N D

C O U N T R Y

E S T A T E

ESTATE RULES: TOWNHOUSE SUBSTRUCTURE A.

INTRODUCTION.................................................................................................................................................. 2

B.

RULES:................................................................................................................................................................ 2

1.

VEHICLES AND USAGE OF STREETS ............................................................................................................. 3

2.

OWNERS’ RESPONSIBILITY REGARDING PRIVATE DWELLINGS, GARDENS AND ADJACENT AREAS . 3 BALCONIES .............................................................................................................................................. 3 LAUNDRY.................................................................................................................................................. 3 NORMAL RESIDENTIAL USE ONLY ........................................................................................................ 3

3.

SECURITY........................................................................................................................................................... 4

4.

ANIMALS AND PETS.......................................................................................................................................... 4

5.

NUISANCE .......................................................................................................................................................... 4

6.

USAGE OF GOLF COURSE AND OTHER OPEN AREAS FOR NON-GOLF PURPOSES ............................... 5

7.

SELLING, LETTING, ESTATE AGENTS, SELLERS, BUYERS, AUCTIONS AND SHOW HOUSES / SALES OFFICE .............................................................................................................................................................. 5

(Please note: this document is a condensed version of the Estate Rules of the Boschenmeer Master Homeowners Association [BMHOA], of which the Townhouse Substructure is an integral part. All owners, their families, invitees and tenants are first and foremost subject to the Rules of the BMHOA. )

Estate Rules: Boschenmeer Golf & Country Estate

NOVEMBER 2006


2 A.

INTRODUCTION

The objective of the development of Boschenmeer Golf and Country Estate is to provide a harmonious lifestyle of high quality to its residents, lodge owners and lodge guests within a pleasant and safe environment. In order to achieve such objective, it is necessary that lodge owners must:

• •

Display tolerance and consideration towards other persons lawfully present on the Estate; Acquaint themselves and abide by all the provisions of the Constitution of the Boschenmeer Master Home Owners’ Association and all rules which apply within the Estate;

Participate in a constructive manner in the management of the Estate, in terms of the provisions of the Constitution; and

Respect the authority of the Trustees and the Managing Agent.

These Rules, in the nature of conduct rules, have been formulated by the Developer and may from time to time be added to, amended or rescinded by the Trustees in terms of Clause 9.4 of the Master Constitution. These Rules are subservient to the higher authority of the Constitution of the Boschenmeer Master Home Owners’ Association and that of the Estate Lodges. Townhouse owners AND tenants retain responsibility for the conduct of their family members, visitors, and invitees. These rules also apply to any person occupying a Townhouse as an owner, guest, invitee or tenant and for purposes hereof, shall include any such occupant as well as any person occupying a Townhouse through the Townhouse owner. In addition to the Constitution, the following documents, referred to in the Constitution, also have authoritative status: (a)

The Architectural Guidelines;

(b)

The Environmental Management Plan; and

(c)

The Construction Management Plan.

____________________________________________________________________________________________ B.

RULES

1.

VEHICLES AND USAGE OF STREETS

(a)

A general speed limit of 30 km/h applies, and may be enforced in conjunction with the Drakenstein Municipality, in respect of all vehicles driven on roads and streets within the Estate.

(b)

In as far as appropriate, the provisions of the Cape Road Traffic Ordinance shall apply to the Estate and may be enforced by the Trustees.

(c)

The horns of motor vehicles may not be sounded at any time on the Estate, except as a warning of imminent danger or in the case of an emergency.

Estate Rules Substructure Townhouses: Boschenmeer Golf & Country Estate: November 2006


3 (d)

Golf carts may be driven on golf cart paths.

(e)

Quad bikes are not permitted on any part of the Estate.

(f)

Parking of vehicles in the Townhouse complex will only be allowed in the driveways, on the lawn area in front of dwellings and the visitors’ parking at the entrance to the Complex.

(g)

Parking will not be allowed on the roads in the complex, other than for loading or off-loading purposes.

2.

OWNERS’ RESPONSIBILITIES REGARDING PRIVATE DWELLINGS, GARDENS AND ADJACENT AREAS APPEARANCE OF IMPROVEMENTS AND IMMEDIATE ENVIRONMENT

BALCONIES

(a)

Balconies may not be used to store excessive furniture.

LAUNDRY

(b)

No clothes, washing, linen or other items may be hung where visible to the public, golf players or other residents. This restriction includes the hanging of washing on balconies, from windows or on palisade fences.

NORMAL RESIDENTIAL USE ONLY (a)

No property may be used for storage of materials and other activities not associated or compatible with residential usage, or which could present a danger or risk to the health or safety of any residents.

(b)

No owner shall allow more than 2 (two) persons per bedroom (or room partially used as a bedroom), to reside in the residence.

(c)

Owners who allow their residence to be occupied by other persons must obtain from such tenant a written undertaking to comply with the Estate Rules.

The owner must provide Security and the

Managing Agent with the required information of such per

sons.

(d)

A residence may not be used as a guesthouse, bed & breakfast or hospitality service.

(e)

Subject to the provisions of the Constitution, p. 31/6.4 and of this Rule, an owner or resident shall use his residence for residential purposes only.

Estate Rules Substructure Townhouses: Boschenmeer Golf & Country Estate: November 2006


4 3.

SECURITY (a)

New residents must advise the HOA office of their names, telephone numbers, addresses and other relevant contact details at their earliest convenience.

(b)

No visitor to an owner/ resident will be allowed access to the Estate without prior arrangement, alternatively upon receipt of telephonic confirmation from the resident to be visited. Residents are encouraged to inform security of expected visitors prior to their arrival. In the event of a function at a residence, the resident must provide the security officer at the respective entrance with a guest list prior to arrival. Access will not be allowed to guests not specified.

(c)

ID cards will only be issued to employees on request of an owner or resident and on presentation of their official RSA ID.

(d)

Security has been authorized by the Board of Trustees to ensure compliance with the Estate Rules and or intervene with the transgression of the Estate Rules and the Contractors’ Management Plan.

4.

ANIMALS AND PETS

(a)

Except with the written approval of the Trustees, who may delegate this authority to one or more persons, no resident may keep any pet other than, at most, two dogs and two cats on their property.

(b)

In particular, no poultry, pigeons, aviaries, apiaries, reptiles, insects, wild animals or livestock may be kept on an erf or in a residence, outbuilding, or on any part of the Estate.

(c)

Dogs must be kept on a leash at all times on any part of the Estate when outside the

boundaries of the

specific residence. The BHOA reserves the right to remove and impound any pet with the SPCA in the event of a contravention of this rule.

(d)

It is the responsibility of the pet owner to immediately remove any fouling by that pet on any part of the Estate.

(e)

Trustees may require any pet to be removed from the Estate, if, (i)

in their opinion, such pet causes an unreasonable nuisance to another person; or

(ii)

the pet is kept in contravention of these rules.

5.

NUISANCE

(a)

Except in respect of such sports and activities which have been planned and approved, and for which provision has been made on the Estate, no sports, activities or hobbies which present a risk of injury or damage to the person or effects of others present on the Estate, or which may cause a nuisance to residents, are allowed on the Estate.

Estate Rules Substructure Townhouses: Boschenmeer Golf & Country Estate: November 2006


5 (b)

Owners and occupiers must ensure that the volume of music and other sounds are maintained at an audio level which does not cause a nuisance to other residents.

(c)

Owners and residents are responsible for the conduct of their occupiers, tenants, employees, contractors, family members, visitors and invitees.

(d)

No explosives, crackers, fireworks or items of similar nature may at any time be exploded, lit or operated in sections or any part of the Estate.

6.

USAGE OF GOLF COURSE AND OTHER OPEN AREAS FOR NON-GOLFING PURPOSES

(a)

No boating, bathing or fishing is allowed in dams on the Estate.

(b)

Residents must ensure that their pets do not enter such dams.

(c)

Golfing shall at all times enjoy priority over other activities on the golf course.

(d)

Residents have the right of access to the golf course at their own risk, for the 4purposes of walking or jogging, but only when the course is not being used for golfing.

(e)

No games, sports or activities other than golf, walking and jogging are allowed on the golf course.

(f)

Except for golfing purposes, no person may enter upon any greens on the golf course.

(g)

In as far as may be applicable, the rules of the Golf Club shall be binding upon all residents, in addition to these rules. The Golf Club Rules, in as far as applicable, are available for inspection at the golf Club.

Note:

Residents are reminded that, in terms of the Golf Club Rules, no golf is allowed on the golf course without prior arrangement with the Pro Shop.

7.

SELLING, LETTING, ESTATE AGENTS, SELLERS, BUYERS, AUCTIONS AND SHOW HOUSES / SALES OFFICE

(a)

No notices or signage may be displayed on or at any place on the Estate and or the entrances to the Estate.

Estate Agents conducting their business on Boschenmeer Estate should ensure that the relevant documentation in respect of the Association’s Constitution, Estate Rules, Architectural Guidelines and Landscaping Guidelines form part of their deed of sale to their client.

(b)

All residents have the right to put their houses in the market with any agent who meets the required obligation as laid down by the Constitution and Estate Rules of the BMHOA.

(c)

Rental Agents conducting business on behalf of homeowners should ensure that sub-letting of any property on the Estate will not occur under any circumstance.

Estate Rules Substructure Townhouses: Boschenmeer Golf & Country Estate: November 2006


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