MARCH 2020 | NEWSLETTER
This magazine is designed & published in partnership by :
Contents Welcome New Residents
Sharing and Caring
Children’s Group Update
Do Hoa’s Have Teeth?
CORONA VIRUS UPDATE
A division of GLOVent Solutions www.glovent.co.za | firstname.lastname@example.org
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ADVERTISING ENQUIRIES Contact the Digisales Team Jade Joffe Cel: 073 332 0012 Tel: 032 946 0357 E-mail: Jade@fabmags.co.za Next issue: June 2020
DISCLAIMER: This eMagazine is produced especially for residents of Croydon VIneyard Estate to provide updates and useful information. It is produced by GLOVent Media & Fab Creative, on behalf of Croydon VIneyard Estate. Although every effort is taken to ensure accuracy of content, Croydon VIneyard Estate HOA and/or the Publisher, cannot be held liable for any inaccurate information, and may not agree with all opinions expressed in this publication.
Welcome to the Croydonite Family Transfer Registrations: October 2019 - Arno & Adelle van der Merwe November 2019 - Norman & Liesel Swart February 2020 - Craig & Sharon Erichsen New Residents: Christopher & Philippa Ellis Neil Yates & Laura van den Berg Eve Wood-Hill & Thomas Shaw Margie Brand & Craig Bosch Gawie & Christine Kolbe Marinus & Anika van den Berg Isel Esterhuyse & Francois Theron Etienne & Izanne Pretorius Shaun & Marion Potterton 3
Sharing and Caring
A collection of toys (new and used) donated by Croydonites has become an annual festive season event! Nicole delivered the donations to the Croydon Kindergarten early in January, much to the delight of the children!
equipment for the older children. Currently, we have approximately R1 760.00 in the kitty.
s you are all aware, the kiddies’ park was upgraded a while ago and is undergoing ongoing maintenance. Rob is currently fixing the rocking horse and the babies’ trampoline will be re-stitched too. If anybody has any unwanted children’s playground equipment, you are welcome to donate it to the park. The jumping castle is also available for rental within the Estate at a cost of R250.00. All proceeds from the hiring of the jumping castle will be used to improve or add to the park and to purchase
The older children, to date, have not been catered for, and they have given us their “wish list”! Due to financial constraints, we (an active group of homeowners) will need to rely on donations and the income generated from the rental of the jumping castle to fulfil some of these: • Table tennis table • Volleyball court • Cricket pitch • Soccer nets • Foosball table • Board games
We will chat to Nicole to see if an event/s could be organised to raise some much needed funds. Any ideas or suggestions are welcome and can be forwarded to Nicole at the Lifestyle Centre.
Congratulations to De Kock and Rialda Steenkamp on the birth of their daughter Christili on 8 February.
The annual Grape Stomping Event took place on 21 February, and suffice to say, it was a signature event of note! Letâ&#x20AC;&#x2122;s however, go back a step! Preceding the Grape Stomping Event, a Harvest Walk was held. This had to be the most unique way in which to experience wine tasting of the various grape varieties in between the relative vineyard blocks. Thereafter, the harvesting began. Our winemaker even invited residents to participate! The children especially enjoyed being involved.
Getting back to the Grape Stomping, this event unites Croydonites annually, and this year was no exception. The lost property found on Monday morning was testament to young and old alike, having partied like rock stars! Whether everyone recovered like rock stars is debatable!
Homeowners and residents: should you have any newsworthy content, articles or interest groups worth sharing, you are welcome to submit it to the Editor at email@example.com. Content deadline for the next Grapevine newsletter is 25 May 2020
A heart-warming discovery and appeal by Louis Scheepers (in his own words)
Background During my weekly cycle practice rides, I often do a rest stop at the cricket grounds of the Helderberg Cricket Club in De Beer Avenue. To my amazement, I discovered that one of our regular security officials, Mr. Jeremy Damons, is actually an excellent cricketer and is a regular selection for the Helderberg first cricket side, competing in a senior league. As my stops to this cricket grounds became more of a planned event than an exception, due to my love for cricket, I discovered through discussions with the team and
club members that Mr. Damons is a key player in the club and valuable to their efforts for being promoted in the league. His dilemma is that he finds it difficult from an availability point of view, due to work scheduling, especially since league games are played over two Saturdays. Request Although Mr. Damons did not ask me to intervene on his behalf, I offered to approach CVE management and requested the President of the Club for a letter of request.
Being a sportsman myself over my entire working career, I understand the disruptive effect organised sports tend to have on the organisation of work, but then again, I also understand that an individual only has so many years of competitive sport during his/her younger years. I was privileged to have been working for supporting and understanding superiors, so I could enjoy competitive sport through collaboration with management. The backbone of sport and
sports development is club sports, and I am inspired by the enthusiasm and drive of this club. Feedback The Estate Manager met with the Security Supervisor and Xone Management and are working together to ensure that Jeremyâ&#x20AC;&#x2122;s talent and passion are accommodated.
Viva Ubuntu! 11
Article extracted from Estate Living September 2019 Edition
Policies, procedures, our governing documents and our rules and regulations are binding on members who choose to buy into a homeowners association or Sectional Title scheme. But, of course, the directors, trustees, management, and the members themselves have to ensure that these are lawful, consistent and fair, and that they protect the common interest of the community at large. We have selected some cases that readers may find interesting in respect of judgments being handed down that will impact on the residential community 13 industry.
The matter was heard in the High Court and went on appeal to the Supreme Court, where the judges ruled in favour of the HOA.
It is, of course, important that each of these judgments is read in the context of the application itself. While these cases are useful for reference and precedent, it should not be assumed that any future similar incidents would be decided in the same way. Readers are also alerted to the fact that these summaries are not to be interpreted as the judgments themselves, and that they are only a synopsis of the matters. The complete judgments are available on the ARC portal.
The member applied for leave to appeal in the Constitutional Court, but this was denied. The ruling, therefore, is that an HOA does have the right to enforce rules relating to speeding, whether on public or private roads, where the agreed-upon rules and regulations have been properly and procedurally set.
Enforcing speeding rules
Running home businesses
The first matter is the case between Mount Edgecombe Country Club Estate Two and a member pertaining to the rights of an HOA to implement its rules â&#x20AC;&#x201C; in this matter specifically the rules relating to speeding.
This matter deals with the Vanilla Street Homeowners Association and a member, heard in the Western Cape division of the High Court. The HOA, which was in this matter the appellant, is registered under the
Land Use Ordinance Act.
The constitution and rules stipulated that homes in the development may only be used for residential purposes, but the member of the HOA had been conducting a hair salon business on the estate for some years. In this matter the defence presented by the member was that there was a rezoning in terms of the Land Use Ordinance Act, and that the rezoning regulations had allowed her to conduct this business. While the matter, when heard in the High Court, went in favour of the member, the Supreme Court found that the High Court had erred in its interpretation of the rezoning in the Land Use Ordinance Act.
Consideration was made as to whether the constitution and rules of the HOA were more or less restrictive than the regulations in the Land Use Ordinance Act. The judgment, therefore, was that the HOA does have the right to implement its rules in accordance with its constitution. The judges ruled in favour of the homeowners association, and that homes are to be used solely for residential purposes, so the business the member was running was not allowed to continue in order to preserve the nature and lifestyle of the estate.
‘Harassment’ of an HOA
This matter, heard in the Gauteng division of the High Court, was between the Silver Lakes Homeowners Association and a member. The Silver Lakes HOA was the respondent in this matter.
Evidence presented by the respondent involved the constant barrage of emails received by the HOA from the member, going back several years. The HOA had made numerous attempts – all of which had failed – to request that the member refrain from the continuous, and in many cases abusive, emails. The amount of time taken by HOA staff and management had become unacceptable and letters were sent to the member advising him that no further written communications would be received by the member from the HOA. The member continued to make demands of the HOA in respect of his rights to information as contained in the Promotion of Access to Information Act. It was found that the applicant, in this matter the member, had
failed to present a real purpose for wanting such information, and his application was dismissed.
Building penalties and late payment of levies
This matter, between Cilantro Homeowners Association and a member, dealt with the fact that the HOA was imposing its rules relating to the fact that the member had failed to begin and complete the building of his home on time, as well as the late payment of ordinary levies by the member. The member claimed that requests by the HOA to pay the late-building penalties were not valid. These claims, essentially, were around the fact that the HOA had not met its obligations procedurally and included the issue of whether the HOA had suffered any damages as a result of the late building by
the member. Furthermore, the member also claimed several irregularities within the HOA â&#x20AC;&#x201C; for example that the rules and regulations had not been registered, and that the incorrect number of directors was serving on the board, according to its governing documents. The judgment in this matter went in favour of the homeowners association, where the judgment had included the fact that the decision to impose building penalties was valid, and the fact that the member, at the time of signing off and approving the rules and regulations, was serving as a director of the HOA.
Limiting the number of proxies a member may hold This matter, between Silver Lakes
Homeowners Association and a member, involved the HOAâ&#x20AC;&#x2122;s attempt to limit the number of proxies that a member may hold in any special or annual general meeting to five. The HOA argued that, in previous meetings, a member had held up to 150 proxies, and so in essence controlled the outcomes of that specific meeting. The member argued that it is the right of any member to request another member to hold proxy, and that the numbers cannot be restricted in any form. The judges in this matter consulted the Companies Act, wherein it is stated that a member has the right to give a proxy to another member, and they felt that the interpretation thereof implies that an HOA cannot include in the governing documents any clauses that contradict those that are
contained in the Companies Act. The judgment in this matter went in favour of the member.
Rules pertaining to the choice of the paint colour of a property
In this matter, between Bush Willow Park HOA and a member, the member claimed that it was his right to paint the exterior of his home any colour he chooses, and the rules were not specific in this regard. The rules did, however, stipulate that any exterior finishes and paint colours had to be submitted to the HOA prior to the commencement of painting. The member argued that it was only after the fact that the HOA amended its rules to become more specific in relation to the rights of the member to paint the exterior of his home in specific colours. The HOA argued that, while the previous rule was not specific in this regard, it was implied that all finishes and paint colours require the approval of the HOA before commencement. The judgment went in favour of the HOA, and the member was instructed to repaint the exterior of his home.
CORONA VIRUS (COVID-19) We would be remiss not to dedicate a few basics in the wake of the new pandemic: National Hotline: 080 002 9999 The HOA are currently implementing the following hygiene procedures. • Awareness posters have been placed in strategic places • Alcohol based hand wash has been placed in the bathrooms • Disposable hand towels have been ordered but due to demand we are awaiting delivery thereof • Alcohol based spray sanitizer has been ordered but due to demand we are awaiting delivery thereof • A body temperature thermometer has been ordered to monitor staff • Masks have been ordered should anyone presenting symptoms be identified
RONAVIRUS DISEASE 2019 (COVID-19)
WHAT IS CORONAVIRUS DISEASE 2019?
HOW IT SPREADS The COVID-19 spreads mainly via respiratory droplets produced when an infected person coughs or sneezes.
Coronaviruses are large groups of viruses that are common amongst animals. These viruses can make people sick, usually with a mild to moderate upper respiratory tract illness, similar to a common cold.
The COVID-19 is spread through: • The air by coughing and sneezing • Close personal contact such as touching or shaking hands • Touching an object or surface with the virus on it, then touching your mouth, nose or eyes before washing your hands
A new coronavirus called COVID-19 was identified in China and is associated with an outbreak of pneumonia.
WHO IS AT GREATER RISK?
Mild to severe respiratory illness with • fever • cough • difficulty breathing • sore throat The complete clinical picture with regards to COVID-19 is still not clear. Patients with underlying illness and the elderly appear to be at increased risk of severe illness.
Currently travellers to Wuhan, China and other affected areas.
Treatment is supportive (e.g. provide oxygen for patients with shortness of breath or treatment for fever).
There are currently no vaccines available to protect you against COVID-19 infection. Transmission is reduced through:
There is no specific antiviral treatment available. Antibiotics do not treat viral infections. However, antibiotics may be required if bacterial secondary infection develops.
Washing hands often
Avoid touching with unwashed hands
Avoid close contact with infected people
Cover your cough or sneeze with a tissue, once used throw away.
If you are mildly sick, keep yourself hydrated, stay at home, and rest.
MEASURES IN PLACE Fever screening is in place at international airports. •
Procedures are in place for case detection, isolation and management for quick diagnosis to be made. All health facilities will be able to manage suspected or confirmed cases and refer to the appropriate referral or designated hospital. Protocols are in place for follow up of case contacts to ensure that the virus does not spread.
Contact the General Public Hotline 0800 029 999. It operates from Monday to Friday, 08:00 to 16:00.
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ESTATE MANAGEMENT HOA Office Tel No. 021 843 3610 Fax No. 021 843 3609 ESTATE MANAGER TOBIE ESTERHUYZEN firstname.lastname@example.org
LIFESTYLE CO-ORDINATOR NICOLE KLEM email@example.com MAINTENANCE MANAGER & BUILDING CONTROL OOM BEN firstname.lastname@example.org
HOA OFFICE ADMINISTRATOR STACY BOTES email@example.com
FINANCE SPC (SQUARE PEG CONSULTING) JANICE BASSON 061 505 3248 firstname.lastname@example.org
Xone Security Manager Trevor Alexander 081 262 0301 email@example.com
Croydon Security - 072 349 8002
Xone Command Centre 021 816 1234 / 061 409 7003
Emergency Numbers: AMBULANCE 10177 / 021 852 1653
CAPE TOWN MUNICIPALITY 021 467 1614
NETCARE 911 021 422 1543
MACASSAR FIRE BRIGADE 021 444 6790
VERGELEGEN MEDI CLINIC 021 850 9000 / 021 851 3399 RED CROSS HOSPITAL 021 689 5227 HOTTENTOTS HOLLAND HOSPITAL 021 850 4700 MACASSAR POLICE 021 857 1000
CAPE TOWN FIRE CONTROL 021 590 1900 ESKOM / POWER FAILURE 0860 037 566 SNAKE CATCHER KUILS RIVER - 083 321 7151 STRAND - 078 576 8665
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Jade Joffe - Sales
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