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RULES
ONE HUNDRED AND THREE HOMEOWNERS ASSOCIATION NPC
hereinafter referred to as “the Association”

Pertaining to the ownership of erven and residence in the homes within the area known as “Forest Glade”
comprising the subdivisions of Erf 6231 and 6232 to 6235 and Erf 7295 Constantia and any land leased by the
Association and managed by the Association inclusive and to all visitors entering Forest Glade.

NOTE:

1.

These rules should be read in conjunction with the Association’s Memorandum of
Incorporation. Copies of both documents are available on the website or from the
Estate Manager.

2.

This revised edition of the rules of the Association was adopted by members at the
General Meeting of the Association held on 26 November 2013 and are effective from
that date.

BY ORDER OF THE BOARD OF DIRECTORS OF THE ASSOCIATION,
hereinafter referred to as “the Directors”
INDEX
Page

OBJECTIVES………………………………………………………………………………………............ 2
MEMBERS RESPONSIBILITY……………………………………………………………………........... 2
INDEMNITY

……………………………………………………………………………........... 2

LIVING IN HARMONY WITH OTHER RESIDENTS………………………………………….............. 2
USE OF PRIVATE ERF………………………………………………………………………….............. 3
Access……………………………………………………………………………………….......... 3
Animals, Reptiles, birds and other pets……………………………………………………....... 3
Businesses run from houses in Forest Glade...................................................................

4

Structures, signs and dish antennas………………………………………………………....... 4
Planting of trees and shrubs ………………………………………………………………….... 4
Hedges, shrubs and trees on boundaries…………………………………………………...... 4
REFUSE DISPOSAL………………………………………………………………………………..........
Domestic..........................................................................................................................

4
4

Garden, Recycling and non-standard…………………………………………....................... 5
USE OF COMMON AREA………………………………………………………………………............

5

Extension /enclosure of gardens……………………………………………………………..... 5
Parking bays…………………………………………………………………………………......

5

Personal parking areas………………………………………………………………………....

5

MAINTENANCE OF HOUSES AND SERVICES……………………………………………………...

6

Walls, roofs etc. common to more than one private erf...................................................

6

Sewerage system............................................................................................................

6

Painting by the Association………………………………………………………………….....

6

Painting by the member………………………………………………………………………...

6

Garage doors………………………………………………………………………………….....

6

Paving………………………………………………………………………………………….....

6

EXTERNAL ALTERATIONS AND/OR ADDITIONS TO HOUSES……………………………........

7

ERECTION OF FENCES AND WALLS.......................................................................................

7

SALE OF PROPERTY ……………………………………………………………............................

8

UNBUDGETED EXPENSE UNDERTAKEN BY THE ASSOCIATION………………………..........

8

FAILURE TO COMPLY WITH THESE RULES………………………………………………….......... 8
ANNEXURE A –
RULES GOVERNING EXTERNAL ALTERATIONS AND/OR ADDITIONS……………………….... 9
ANNEXURE B –
APPLICATION FORM FOR EXTERNAL ALTERATIONS AND/OR ADDITIONS………………...... 12

26.11.2013

Page 1
1. On registration of transfer of a private erf in Forest Glade, the transferee shall ipso facto become a member of the
Association.
2. These rules are applicable to members of the Association, to the tenants of their homes and to all others of
whatsoever nature, entering Forest Glade.
3. THE OBJECTIVES OF THESE RULES ARE:
 to maintain the pleasant ambience of Forest Glade
 to protect members and tenants from objectionable behavior by other members and tenants
 to set out the responsibilities of members and tenants towards the Association and towards other members and
tenants
 to set out procedures for obtaining the permission of the Directors for proposed actions by members and
tenants where this is required
 to obtain a uniform standard of external appearance of houses and garages
 to set out the actions to be taken by the Directors in the case of breaches of these rules.
3.1

In terms of the Association’s Memorandum of Incorporation, the Directors may from time to time modify these
Rules, which modifications shall be confirmed by members at a General Meeting called for such purpose.

3.2

The Directors shall be the final arbiter in each case where the meaning of a subjective term, e.g. objectionable,
nuisance, damage, is in dispute.

3.3

Besides these Rules and the Association’s Rules Governing External Alterations and/or Additions to houses in
Forest Glade, all members and tenants are subject to all local authority / municipal by-laws and all other
relevant legislation pertaining to, but not limited to building alterations, the installation of Liquid Petroleum Gas
(LPG) facilities, the installation of solar panels and geysers and the keeping of pets. THESE RULES DO NOT
REPLACE SUCH LEGISLATION AND/OR BY-LAWS WHERE THEY ARE IN CONFLICT.

4. RULES – MEMBERS RESPONSIBILITY
All members shall ensure that a copy of these rules (as amended from time to time) shall be made available in
advance to any prospective purchaser of their property and/or to any tenant.
5. INDEMNITY
All members, tenants and others entering Forest Glade do so entirely at their own risk and all residents, tenants and
others shall indemnify the Directors and the Association against any and all claims for damages or hurt of whatsoever
nature, including consequential damages and/or loss of profits, arising from but not limited to their presence
on/ownership of and/or use of the Forest Glade property and facilities, the activities of the staff, employees and
contractors of the Association and/or any other member and the bona fide conduct of the Associations activities by the
Board of Directors.
6. LIVING IN HARMONY WITH OTHER RESIDENTS
Every member and tenant, shall behave in such a way as not to cause damage, nuisance or annoyance to any other
resident, and shall ensure that their visitors do likewise. In particular this means that they will:
6.1

not aim or discharge any weapon of any kind, or store or set off any explosive material, including fireworks

6.2

not make a noise or play any instrument or sound reproduction equipment so as to produce sounds of such
a kind or at such a volume as to be objectionable to any other member or tenant

26.11.2013

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6.3

not hang out washing where it is visible to other members or tenants

6.4

drive any vehicle with caution and consideration, within the speed limit of 30 km/h and always bearing in mind
the special nature of the vehicular and pedestrian traffic in Forest Glade, particularly the presence of children

6.5

not park any boat, caravan or trailer anywhere in Forest Glade without the prior consent in writing, of the
Directors and then subject to such conditions as the Directors may impose

6.6

respect the sylvan natural environment of Forest Glade and maintain it by:
6.6.1

not damaging, destroying or removing any tree, shrub or flower

6.6.2

not setting any traps or snares

6.6.3

not attaching any sign, tree house or any object or structure to any tree or shrub

6.6.4

not polluting, damming or diverting any flow of water, except to canalize rain water, but then only in
such a way that other parties will not be inconvenienced

6.6.5

not making a fire except on a private erf, and then only in suitably designed equipment which will
contain the fire and ensure efficient combustion to minimize smoke.

7. USE OF PRIVATE ERF
7.1

A private erf shall be occupied only by the member, or his tenant.

7.2

Members are responsible for ensuring that their family, friends, employees, visitors and tenants abide by these
rules. In practice this requires that a member must:
7.2.1

ensure that the Lease Agreement contains a clause that the tenant is subject to the Rules of the
Association

7.2.2

use his discretion in the choice of tenant

7.2.3

ensure that the tenant has a copy of these rules

7.2.4

demand acceptable behavior from his tenants

7.2.5

evict tenants who persist in disregarding these rules.

7.3

Every member must ensure that the private erf is maintained in such a condition that it does not detract from the
general appearance of Forest Glade. A member who lets his house retains this responsibility and must ensure
that the house is so maintained.

7.4

All members and tenants must not allow any private erf to be used in a manner which is illegal, dangerous, or in
any way obnoxious or objectionable to other members and tenants.

7.5

Access
Members and tenants must allow reasonable access to the Directors or anybody authorized by the Directors or
its managers to carry out inspection or maintenance of the Association’s infrastructure, or to ensure that these
rules are being adhered to. In case of doubt the verbal authorization of a member of the Directors or managers
should be obtained.

7.6

Animals, Reptiles, Birds and other Pets
Members and tenants shall at all times comply with official municipal and other authorized bodies’ laws and
regulations pertaining to the keeping of pets.

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Page 3
With due regard to the small sizes of the properties in Forest Glade and the proximity of homes to each other,
members and tenants cannot keep any dog (maximum of 2 dogs per Unit) without the prior consent in writing of
the Directors, which body may impose special conditions relating thereto. It must not be assumed that
permission will be granted. The consent may be withdrawn by them at any time, without giving any reasons and
the conditions may be modified or withdrawn at the Director’s sole discretion. Residents must ensure that their
pets do not behave in a manner which is dangerous, noisy or in any other way objectionable.
Dogs in particular, must not be allowed to:
7.6.1

7.6.2

defecate on the common area and in the event of doing so, the owner of the animal shall personally
immediately remove the excrement and dispose of it in an acceptable manner

7.6.3

dogs should be kept on a lead while on the roads within Forest Glade

7.6.4

7.7

attack, worry or frighten any person or other animal or otherwise cause damage, nuisance or
disturbance

other than when accompanied by their owners, dogs should be kept confined within the fenced off
property of their owners

Businesses run from houses in Forest Glade
No private erf shall be used for any professional or business purpose in such a manner which causes nuisance
or disturbance. No auction or similar sales or exhibitions shall be held without the prior written consent of the
Directors. Houses for sale may however be put on show without requiring the Directors permission.

7.8

Structures, Signs, Dish Antennas
No structures, signs or other devices may be attached to a house in such a position as to be objectionable to
another resident. Dish antennas may be erected without permission provided they do not protrude above the
parapet. Where this is essential for good reception, approval must be obtained from the Directors. Dish
antennas may not be erected in a position where they project beyond the boundary of the erf. Open pipework
on the surface of the building is not allowed.

7.9

Planting of trees and shrubs
The planting of trees is not permitted without the prior approval of the Directors. Care must be exercised in the
selection and placing of shrubs, particularly because of possible damage to the sewerage system and the cost
of containing the eventual size.

7.10 Hedges, shrubs and trees on boundaries
Any hedges, shrubs and trees planted on the boundaries between properties shall not exceed a height of 3
meters. The planting of new hedges is not allowed without the permission of the Directors because of the high
cost of clipping.

8. REFUSE DISPOSAL
8.1

Domestic and garden refuse must be disposed of in the manner specified in newsletters from time to time.

8.2

Members and tenants or their building or other contractors shall not generate (e.g. during building operations),
deposit or dump refuse, trash, garbage or waste of any description whatsoever, including builders’ rubble, on
the common area, but shall retain such material in a hygienic and unobjectionable manner on his private erf,
prior to disposal in the following manner:
8.2.1

26.11.2013

Domestic refuse to be placed in black plastic bags in the bins in the local refuse enclosure in each
hamlet at any time or next to the footpath at the front door to each house only on the day before
collection by the local council and only between 7.30 and 8.30 in the morning.
Page 4
8.2.2

8.2.3

8.3

Garden refuse (vegetable matter only) to be placed in plastic bags at the boundary of the erf or directly
in the bins in the refuse enclosure or if more substantial in the garden refuse enclosure.
Recycling specially labelled bins have been provided in the enclosures for recycling plastic items, tins
and bottles (which must be washed prior to disposal), paper and newspapers. Kindly adhere strictly to
the content labels when using this facility.

All non-standard refuse
Packing cartons, large boxes, broken furniture, etc., and rubble must NOT be left in the refuse enclosures. Such
items must be disposed of by the member or tenant, at his/her own expense, either at the official municipal
dumping sites or at the recycling points provided by various organisations.

9. USE OF COMMON AREA
9.1

Extension / Enclosure of gardens
Members are permitted to extend their gardens on to the common area subject to the written approval of the
Directors, and the following conditions:
9.1.1 members shall not acquire any right to the ground or any existing items on it
9.1.2 all immovable improvements, including paving, and additions made by the member on the common area
automatically become the property of the Association
9.1.3 members shall not enclose such ground and thereby prevent access to any common ground area or
access to adjacent properties, particularly where those that are hemmed in by a boundary fence and shall
provide, for ready access through, a suitable gate in any fence on both sides of their properties and these
gates may not be locked
9.1.4 the member undertakes to maintain the area, at his own expense (including the cost of water), in a
condition acceptable to the Directors. If this is not done the Directors may, at their sole discretion, take
over the maintenance of the land and remove any plants and fittings, without any compensation to the
member, to reduce the maintenance cost to a level acceptable to the Directors
9.1.5 members and/or tenants shall store and keep all garden implements, hoses and garden refuse within the
areas thus enclosed and shall not store or keep or leave any garden implements, hoses and/or garden
refuse on common ground outside the enclosed area
9.1.6 the Association retains the right to any portion of the common area required for the upgrading or
relocating of services or for any other reason in connection with the achievement of its objectives and
responsibilities.

9.2

Parking
9.2.1 Parking Bays
To ensure the best utilisation of parking bays they are not allocated to individual units.
9.2.2 Personal parking areas
9.2.2.1

9.2.2.2

to be installed entirely at member’s expense. Becomes the property of the Association as
specified above

9.2.2.3
26.11.2013

may only be installed adjacent to member’s house e.g. a paved area to replace or increase the
size of the pathway between member’s house and road. Director’s permission must be
obtained. Where a neighbour could reasonably have an equal claim to the area his/her written
approval must also be obtained

no structures will be allowed unless unobtrusive to other residents.
Page 5
10. MAINTENANCE OF HOUSES AND SERVICES
10.1 Walls, roofs etc. common to more than one private erf
Where walls, roofs, pipes, gutters, wiring or any other items are common to more than one private erf the
member shall maintain his part of the installation in such a way as not to cause damage or inconvenience to his
neighbour.
10.2 Sewerage system
The removal of blockages in the sewerage system will be done by the Association at its expense, except where
the blockage occurs between the manhole in the unit’s yard and the interior of the house, in which case the
member will be liable for the cost of de-blocking and/or repairs. The Association is not responsible for cleaning
the slotted drain covers in courtyards.
10.3 Painting by the Association
10.3.1 the Directors are responsible for arranging for the repainting of all the exterior walls of all private
houses (excluding woodwork) and garages (including the woodwork providing it is maintained in good
condition by the member) to the Association’s specification in force at the time
10.3.2 the Directors will, from time to time, decide on the appropriate specification, depending, inter alia, on
the condition of the painted surfaces
10.3.3 the Directors, in consultation with the members, will decide on the method of payment by the members
e.g. by a one-off levy, a special levy, by building up a special fund in advance or by some other
approved procedure
10.3.4 the Directors may be prepared to approve any additional work requested by the member, but this will
be for his/her account. In the cases where additional work is considered by the Directors to be essential
for the acceptable appearance of the house, but the member is not prepared to accept responsibility for
the work, the Directors may, in their sole discretion, have the work done and charge the cost to the
member.
10.4 Painting by the member
To ensure a reasonable harmony in the general appearance of Forest Glade, members must ensure that:
10.4.1 for walls: In decorating their properties this is done in accordance with the rules then prescribed by the
Directors. The general rule is that all the units in a block (or Hamlet) shall conform with regard to wall
colour and wall bands (if any)
10.4.2 for timber: White.
10.5 Garage Doors
Should any garage door be replaced, such garage door shall match in appearance all the other doors in that
block of garages to maintain the harmony of appearance within Forest Glade. However, should all the members
who own garages in that block of garages agree to a new type of door and agree to replace all the doors in that
block within a reasonable period of time they shall so advise the Directors, requesting their approval, which
shall not unreasonably be withheld.
10.6 Paving
Subject to prior agreement with the Directors, any member may replace paving on the approach to his erf with
brick or other paving on condition that:
10.6.1 the individual member shall:
10.6.1.1 not thereby acquire any right to the ground on which the replacement paving is situated
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10.6.1.2 have no claim against the Association for any compensation in respect of any improvement of
the common area
10.6.1.3 maintain the replacement paving in a condition acceptable to the Directors.
10.6.2 the Directors have the right in their sole discretion to remove such replacement paving and shall be
obliged as soon as reasonably possible after removing such paving to replace it at its own cost to its
own design
10.6.3 when any material or structure on the common area is removed, whether by the member or the
Directors, for whatever reason, e.g. for upgrading of paving or because the Directors have other plans
for the area, the reclaimed material becomes the property of the Association. However, if the member
simply wants to move the material to a different (agreed) location, the Association will relinquish its
claim.
11. EXTERNAL ALTERATIONS AND / OR ADDITIONS TO HOUSES
(must be approved by the Directors)
Should a member of the Association wish to make any alterations and/or additions to his/her house including but not
limited to the following:



spa-gas installation - solar panels - solar geysers - electricity generators - well points
any item projecting above the level of the roof parapet

The member shall refer to, be guided by and comply with the Association’s Rules Governing External Alterations and /
or Additions to Houses in Forest Glade, which are appended to these rules as an “ANNEXURE A” together with
‘ANNEXURE B” which is the application form.
12. ERECTION OF FENCES AND WALLS
(must be approved by the Directors)
12.1 Fences
12.1.1 preferably on private property only, but in some cases this will mean cutting through an existing garden
or lawn. The exact specification will therefore depend on the local circumstances
12.1.2 fences must as far as possible be hidden by shrubs and flowers and painted dark green to blend in
with the surrounding foliage or white if up against a house
12.1.3 fence material must be as unobtrusive as possible. Maximum height 1.3 meters
12.1.4 no services will be provided by the Association within the fenced area unless a gate is provided and
kept unlocked
12.1.5 no ornamental (e.g. wrought-iron) gates will be allowed
12.1.6 unlocked gates in fences shall be obligatory to provide access to all adjacent properties and/or
common ground.
12.2 Walls
12.2.1 normally on private property only, between two private properties
12.2.2 maximum height 2.1 meters, except under special circumstnaces, e.g. if the wall is part of a roofed
structure
12.2.3 to match Forest Glade brick finish if in brick

26.11.2013

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12.2.4 types of construction may be specified by the Directors, depending on circumstances, e.g. staggered
timber slats if a less dense effect is required.
13. SALE OF PROPERTY
13.1 In terms of the Memorandum of Incorporation of the Association “no member shall transfer his private erven
until the Association has certified that the member has at the date of the transfer fulfilled all his financial
obligations to the Association”. Transfer to the new owner cannot be registered unless a clearance certificate
has been issued by the Association. This certificate will confirm that all levies and commitments due to the
Association, in respect of the property being sold, have been settled in full.
13.2 The member shall ensure that the Estate Agent’s potential purchaser shall be provided in advance with a copy
of these rules and the Rules Governing Alterations and/or Additions to Houses in Forest Glade (Annexure A).
14. UNBUDGETED EXPENSE UNDERTAKEN BY THE ASSOCIATION
From time to time the need may arise for the Association to incur expenditure of a nature that was either not budgeted
for or has arisen as an emergency issue requiring urgent attention.
In such cases the Directors may not exceed a total expenditure limit, for any one project of R50 000 without first
obtaining the approval of members at an Annual General Meeting or a General Meeting called for that (as well as any
other) purpose.
15. FAILURE TO COMPLY WITH THESE RULES
15.1 In accordance with the Association’s Memorandum of Incorporation any member who breaches or fails in the
observance of any of the provisions of these rules may, to the extent determined by a resolution passed by a
majority of the Directors:
15.1.1 be fined by the Directors and/or
15.1.2 be ordered to pay compensation to any other person aggrieved by this act or omission.
The member concerned shall be provided with a summary of the allegations brought against him and be invited
to attend such meeting of Directors, by notice in writing delivered to such member not less than 7 (seven) days
prior to the holding thereof. Such member shall be given the right to speak and to be represented thereat by any
other member of the Association, but not to be present at the voting or to take part in the proceedings, other
than as allowed by the Chairman of such meeting.
15.2 Should any member thereafter fail properly or timeously to observe any of his obligations in terms of these
Rules and persist in such failure for a period of seven days after receipt of notice from the Directors requiring
him to remedy the same, the Directors shall, without prejudice and in addition to all other rights available to
them, be entitled to:
15.2.1 enforce such obligation and recover the cost thereof together with interest reckoned thereon at the
prevailing overdraft rate at the Standard Bank from the defaulting member
15.2.2 instruct attorneys to institute such proceedings as may be necessary against the defaulting member
who shall be liable for all costs and charges of whatsoever nature incurred in such proceedings.
15.3 Members shall not be entitled to any of the privileges of membership unless and until they shall have paid every
levy or fine, interest thereon and other sum (if any) which shall be due to the Association. The full levy is
payable every month and no deductions may be made, regardless of any dispute a member may have with the
Association.

26.11.2013

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ANNEXURE A
RULES GOVERNING EXTERNAL ALTERATIONS AND/OR ADDITIONS
TO HOUSES IN FOREST GLADE
CONDITIONS
1. The Cape Town Municipality, in considering a request for building alterations and/or additions requires prior formal
approval, by the Directors, of any plans for external alterations and/or additions, to houses in Forest Glade including
windows and doors.
2. The approval of the Directors is for the general appearance of the proposed alterations and/or additions in terms of its
obligation to maintain a harmonious architectural appearance of the Forest Glade housing clusters in the interest of
other members. It is NOT approval to proceed with building operations. The technical aspects and legal requirements
pertaining to any alterations and/or additions are matters for the Cape Town Municipality and other appropriate bodies
to approve.
3. No building alterations and/or additions to the external walls of any property may be started without the written
permission of the Directors and, if applicable, in terms of the Cape Town Municipal by-laws.
4. The Directors shall be provided with a copy of the officially stamped and approved plans and written approval of the
Cape Town Municipality and any other relevant authority and a copy of any conditions pertaining to such approvals.
RULES
Should a member of the One Hundred and Three Homeowners Association NPC (“the Association”) wish to make any
external alterations and/or additions to his/her property including but not limited to the following:
 spa – gas installation - solar panels – solar geysers – electricity generators – well points – windows – doors – air
conditioners – heat exchanges
 any item projecting above the level of the roof parapet
The member shall:
1. Apply (in addition to the mandatory application to the Cape Town Municipality), on the official application form of
Directors of the Association (“the Directors”) for the approval of the Directors for the work to be done and shall lodge
with the Directors:
1.1

At least two sets of plans drawn to scale as required by the Cape Town Municipality for building plans
indicating clearly:
1.1.1

existing walls of the building including all windows and doors

1.1.2

the proposed new walls and the walls proposed for demolition, and all windows and doors
1.1.2.1 any proposed windows on East or West facing walls must be carefully positioned in the
interests of mutual neighbourly privacy. Bathroom windows must be opaque

1.1.3

the proposed service installation and any alterations to the plumbing, drainage and electrical
reticulation, in particular the plumbing for a spa backwash into the sewerage system
1.1.3.1 no solar panels, solar geysers, heat exchangers or air conditioners may be constructed/
installed on roofs without the consent of the Directors first having been obtained
1.1.3.2 no pipes, other than rainwater downpipes may be attached to the outside face of the building

26.11.2013

Page 9
1.1.3.3 should it be essential to have any outside pipes then on an exception basis, the Directors at
their discretion may approve such piping, subject to such qualification as the Directors may
impose
1.1.3.4 any external Liquid Petroleum Gas (LPG) facilities installed shall be suitably enclosed to
minimize the visual impact of such facility
1.1.3.5 gutters shall not protrude beyond or over external walls and shall be boxed in behind parapets
to preserve the line of the buildings
1.1.4

the exact dimensions of any additional building, structure, wall or fence it is proposed to erect and the
exact position thereof in relation to the buildings existing on the erf

1.1.5

in the case of a spa, the type of fence and/or spa covering to be installed

1.1.6

any proposed installation of solar geysers and/or other green and energy savings facilities shall be
subject to prior approval by the Directors
1.1.6.1 members proposing installation of such facility shall provide their neighbours and other
potentially affected parties with photographs of the exact product to be installed as well as
perspective drawings of the unit with the proposed facility for their scrutiny, consideration and
approval or objection
1.1.6.2 members shall lodge the relevant drawings and photographs, plus their neighbours and others
approvals or objections in writing with the Directors for consideration and decision
1.1.6.3 the Directors, in their deliberations shall give weight to the benefits and desirability of new
green technology in making their final decision.

1.1.7

1.2

a detailed proposed building time table (subject to approval or amendment by the Directors).

Written agreement to the alterations and/or additions from adjoining neighbours and any other member likely to
be affected. This agreement is not to be unreasonably withheld. Should the member be unable to obtain
another members’ approval the Directors may, in their sole discretion nevertheless accept the application
1.2.1

in the event of an objection by a neighbour or other member, such objection shall be submitted to the
Directors in writing

1.2.2

the Directors shall consider such submissions and shall be the final arbiter in the event of any dispute
on the proposed plans and their decision shall be conveyed in writing to the disputing parties.

1.3

The Directors may call for such further information or data as it, in its sole discretion, deems necessary or
expedient and the member shall be entitled to submit any comments he may wish in favour of his proposal

1.4

The Directors, in approving the application, may impose such conditions as they in their sole discretion deem
necessary, and the member must sign the application form to indicate his acceptance of the conditions.

1.5

If approved by the Directors, one set of plans is stamped and signed with the approval of the Directors and
returned to the applicant for submission to the Cape Town Municipality. The other set is retained by the
Directors.

GENERAL
1. No signs are to be displayed at the property being worked on or anywhere within Forest Glade.
2. All contract workers are to wear identity bibs when working in Forest Glade. Bibs are available from the Estate
Manager against a deposit of R50 per bib - refundable on return of the bib.
26.11.2013

Page 10
3. Contract workers may not use Forest Glade toilets. The contractor must either provide a portable loo or use the Unit’s
toilet.
4. Builders material may not be stored anywhere except on the private property of the owner. Where this is not
practicable the permission of the Estate Manager to deviate from this rule must be obtained beforehand. His decision
will be binding on all parties.
5. Rubble must be retained on site for removal at suitable intervals. It may not be dumped on Forest Glade property i.e.
on the roads, parking areas, common ground, refuse bin enclosures or open spaces.
6. Mixing of concrete may only take place on the private property of the owner where the work is being undertaken.
Under no circumstances may such mixing take place on common ground or anywhere else within Forest Glade.
7. Noisy building operations will not be allowed during the following times:
 Mondays to Fridays
 Saturdays
 Sundays and public holidays

before 8.30am and after 6.00pm
before 8.30am and after 5.00pm
not at all

The Estate Manager may authorise deviations from the above, but no noisy operations may be undertaken during
such extended hours.
8. Contractors vehicles are to be parked in designated areas.
9. No damage may be caused to a neighbour’s or Forest Glade property (including plants, shrubs and trees).
10. Members are fully responsible for their own projects and Forest Glade staff are not authorised to and will not negotiate
with contractors or Cape Town Municipal authorities on any matter.
11. Neither the Estate Manager nor the Directors will become involved in disputes between members and contractors and
Municipal officials.
12. The Estate Manager is empowered, by the Directors to issue a written instruction to the member in terms of these
Rules. If this instruction is not complied with, a penalty as defined in the Forest Glade rules may be imposed.
13. Members must provide contractors with copies of these rules.

26.11.2013

Page 11
ANNEXURE B
APPLICATION FORPROPOSED ALTERATIONS AND/OR ADDITIONS
Unit number:……..

Name of owner:………………………………...............................Tel no:………………………….

I hereby apply for permission to have the following work done: ......................................................................................
..........................................................................................................................................................................................
..........................................................................................................................................................................................
I enclose the appropriate sketch plans, diagrams and/or drawings, in accordance with clause 11 and Annexure A of the
Rules. Neighbours as well as any other person or persons who may be affected are required to fill in and sign paragraph
1, and sign the sketch plans, diagrams and/or drawings.
Please indicate the name and contact details of the person responsible for the supervision of all work related to the
proposed additions/modifications in order that action can be taken in case of non-compliance with any imposed conditions
of the Association`s rules.
Name: ………………………………………..........................................................................................................................
Capacity (i.e. owner, architect etc.): …………………………………………….....................................................................
Telephone number during working hours: …………………………………..........................................................................

1. NO OBJECTION / OBJECTION TO PROPOSED ADDITIONS / MODIFICATIONS BY IMMEDIATE
NEIGHBOURS AND ANY PERSON OR PERSONS LIKELY TO BE AFFECTED:
a.

Unit No....………………

Name (in block letters): ………………………...…...............................................................

No Objection – Object (encircle which is applicable)

Reason for Objection:............................................................................................................................................................
Signature: ……………................................................................

b.

Unit No....………………

Date: ...................................

Name (in block letters): ………………………...…..............................................................

No Objection – Object (encircle which is applicable)

Reason for Objection:...........................................................................................................................................................
Signature: ……………................................................................

Date: ...................................

Use a separate sheet of paper for additional neighbours, if applicable

26.11.2013

Page 12
_______________________________________________________________________________

2. APPROVAL / REJECTION OF PROPOSED ADDITIONS / MODIFICATIONS BY 103HOA BOARD
To: ………………………………………………………………………………. Unit No: ………………………………
2.1.

Approval is hereby given - not given (encircle which is applicable) for proposed additions/modifications to your
unit as requested in the above application section.

2.2.

Reasons for non-approval, if applicable:

………………………………......................…………………………………………………………………….
………………………………………………......................…………………………………………………….
2.3.

Approval is given subject to the acceptance of and adherence to the conditions set out below and in the attached
documents:
a. Approval from the local Municipality must be obtained for any additions/modifications as required by them.
b. Rule 7.6 of the 103HOA Rules is adhered to at all times during the additions/modifications.
c.

Commencement of work may only begin after proof of Municipal approval has been lodged with the 103HOA.

d. Inspection of the works during construction and on completion by the Estate Manager of the 103HOA to confirm
compliance with the requirements of the above-mentioned documents and the completion date.
e. The 103HOA is to be informed of the commencement and completion dates of the additions/ modifications. In the
event that the additions/modifications cannot be completed within the stated time frame the 103HOA is to be
informed in writing as to the reasons why.
f.

Other conditions……………………………………………………………..................………........................................
…………………………………………………………………………………………..................................................
…………………………………………………………………………………………..................................................
………………………………………………………………………………………………………………………………..

2.4. Approval by members of the Board:
Name of Board Member: ...................................................... Signature: ............................................... Date: ...................

Name of Board Member: ...................................................... Signature: ............................................... Date: ...................

Name of Estate Manager: ......................................................Signature: ............................................... Date: ...................

3. CONDITIONS AS PER 2.3.f. ACCEPTED BY OWNER
Name (in block letters): ……………………………….........……………….. Signature: ……………..............……………………
Date: ……………………………

26.11.2013

Page 13

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Rules

  • 1. RULES ONE HUNDRED AND THREE HOMEOWNERS ASSOCIATION NPC hereinafter referred to as “the Association” Pertaining to the ownership of erven and residence in the homes within the area known as “Forest Glade” comprising the subdivisions of Erf 6231 and 6232 to 6235 and Erf 7295 Constantia and any land leased by the Association and managed by the Association inclusive and to all visitors entering Forest Glade. NOTE: 1. These rules should be read in conjunction with the Association’s Memorandum of Incorporation. Copies of both documents are available on the website or from the Estate Manager. 2. This revised edition of the rules of the Association was adopted by members at the General Meeting of the Association held on 26 November 2013 and are effective from that date. BY ORDER OF THE BOARD OF DIRECTORS OF THE ASSOCIATION, hereinafter referred to as “the Directors”
  • 2. INDEX Page OBJECTIVES………………………………………………………………………………………............ 2 MEMBERS RESPONSIBILITY……………………………………………………………………........... 2 INDEMNITY ……………………………………………………………………………........... 2 LIVING IN HARMONY WITH OTHER RESIDENTS………………………………………….............. 2 USE OF PRIVATE ERF………………………………………………………………………….............. 3 Access……………………………………………………………………………………….......... 3 Animals, Reptiles, birds and other pets……………………………………………………....... 3 Businesses run from houses in Forest Glade................................................................... 4 Structures, signs and dish antennas………………………………………………………....... 4 Planting of trees and shrubs ………………………………………………………………….... 4 Hedges, shrubs and trees on boundaries…………………………………………………...... 4 REFUSE DISPOSAL……………………………………………………………………………….......... Domestic.......................................................................................................................... 4 4 Garden, Recycling and non-standard…………………………………………....................... 5 USE OF COMMON AREA………………………………………………………………………............ 5 Extension /enclosure of gardens……………………………………………………………..... 5 Parking bays…………………………………………………………………………………...... 5 Personal parking areas……………………………………………………………………….... 5 MAINTENANCE OF HOUSES AND SERVICES……………………………………………………... 6 Walls, roofs etc. common to more than one private erf................................................... 6 Sewerage system............................................................................................................ 6 Painting by the Association…………………………………………………………………..... 6 Painting by the member………………………………………………………………………... 6 Garage doors…………………………………………………………………………………..... 6 Paving…………………………………………………………………………………………..... 6 EXTERNAL ALTERATIONS AND/OR ADDITIONS TO HOUSES……………………………........ 7 ERECTION OF FENCES AND WALLS....................................................................................... 7 SALE OF PROPERTY ……………………………………………………………............................ 8 UNBUDGETED EXPENSE UNDERTAKEN BY THE ASSOCIATION……………………….......... 8 FAILURE TO COMPLY WITH THESE RULES………………………………………………….......... 8 ANNEXURE A – RULES GOVERNING EXTERNAL ALTERATIONS AND/OR ADDITIONS……………………….... 9 ANNEXURE B – APPLICATION FORM FOR EXTERNAL ALTERATIONS AND/OR ADDITIONS………………...... 12 26.11.2013 Page 1
  • 3. 1. On registration of transfer of a private erf in Forest Glade, the transferee shall ipso facto become a member of the Association. 2. These rules are applicable to members of the Association, to the tenants of their homes and to all others of whatsoever nature, entering Forest Glade. 3. THE OBJECTIVES OF THESE RULES ARE:  to maintain the pleasant ambience of Forest Glade  to protect members and tenants from objectionable behavior by other members and tenants  to set out the responsibilities of members and tenants towards the Association and towards other members and tenants  to set out procedures for obtaining the permission of the Directors for proposed actions by members and tenants where this is required  to obtain a uniform standard of external appearance of houses and garages  to set out the actions to be taken by the Directors in the case of breaches of these rules. 3.1 In terms of the Association’s Memorandum of Incorporation, the Directors may from time to time modify these Rules, which modifications shall be confirmed by members at a General Meeting called for such purpose. 3.2 The Directors shall be the final arbiter in each case where the meaning of a subjective term, e.g. objectionable, nuisance, damage, is in dispute. 3.3 Besides these Rules and the Association’s Rules Governing External Alterations and/or Additions to houses in Forest Glade, all members and tenants are subject to all local authority / municipal by-laws and all other relevant legislation pertaining to, but not limited to building alterations, the installation of Liquid Petroleum Gas (LPG) facilities, the installation of solar panels and geysers and the keeping of pets. THESE RULES DO NOT REPLACE SUCH LEGISLATION AND/OR BY-LAWS WHERE THEY ARE IN CONFLICT. 4. RULES – MEMBERS RESPONSIBILITY All members shall ensure that a copy of these rules (as amended from time to time) shall be made available in advance to any prospective purchaser of their property and/or to any tenant. 5. INDEMNITY All members, tenants and others entering Forest Glade do so entirely at their own risk and all residents, tenants and others shall indemnify the Directors and the Association against any and all claims for damages or hurt of whatsoever nature, including consequential damages and/or loss of profits, arising from but not limited to their presence on/ownership of and/or use of the Forest Glade property and facilities, the activities of the staff, employees and contractors of the Association and/or any other member and the bona fide conduct of the Associations activities by the Board of Directors. 6. LIVING IN HARMONY WITH OTHER RESIDENTS Every member and tenant, shall behave in such a way as not to cause damage, nuisance or annoyance to any other resident, and shall ensure that their visitors do likewise. In particular this means that they will: 6.1 not aim or discharge any weapon of any kind, or store or set off any explosive material, including fireworks 6.2 not make a noise or play any instrument or sound reproduction equipment so as to produce sounds of such a kind or at such a volume as to be objectionable to any other member or tenant 26.11.2013 Page 2
  • 4. 6.3 not hang out washing where it is visible to other members or tenants 6.4 drive any vehicle with caution and consideration, within the speed limit of 30 km/h and always bearing in mind the special nature of the vehicular and pedestrian traffic in Forest Glade, particularly the presence of children 6.5 not park any boat, caravan or trailer anywhere in Forest Glade without the prior consent in writing, of the Directors and then subject to such conditions as the Directors may impose 6.6 respect the sylvan natural environment of Forest Glade and maintain it by: 6.6.1 not damaging, destroying or removing any tree, shrub or flower 6.6.2 not setting any traps or snares 6.6.3 not attaching any sign, tree house or any object or structure to any tree or shrub 6.6.4 not polluting, damming or diverting any flow of water, except to canalize rain water, but then only in such a way that other parties will not be inconvenienced 6.6.5 not making a fire except on a private erf, and then only in suitably designed equipment which will contain the fire and ensure efficient combustion to minimize smoke. 7. USE OF PRIVATE ERF 7.1 A private erf shall be occupied only by the member, or his tenant. 7.2 Members are responsible for ensuring that their family, friends, employees, visitors and tenants abide by these rules. In practice this requires that a member must: 7.2.1 ensure that the Lease Agreement contains a clause that the tenant is subject to the Rules of the Association 7.2.2 use his discretion in the choice of tenant 7.2.3 ensure that the tenant has a copy of these rules 7.2.4 demand acceptable behavior from his tenants 7.2.5 evict tenants who persist in disregarding these rules. 7.3 Every member must ensure that the private erf is maintained in such a condition that it does not detract from the general appearance of Forest Glade. A member who lets his house retains this responsibility and must ensure that the house is so maintained. 7.4 All members and tenants must not allow any private erf to be used in a manner which is illegal, dangerous, or in any way obnoxious or objectionable to other members and tenants. 7.5 Access Members and tenants must allow reasonable access to the Directors or anybody authorized by the Directors or its managers to carry out inspection or maintenance of the Association’s infrastructure, or to ensure that these rules are being adhered to. In case of doubt the verbal authorization of a member of the Directors or managers should be obtained. 7.6 Animals, Reptiles, Birds and other Pets Members and tenants shall at all times comply with official municipal and other authorized bodies’ laws and regulations pertaining to the keeping of pets. 26.11.2013 Page 3
  • 5. With due regard to the small sizes of the properties in Forest Glade and the proximity of homes to each other, members and tenants cannot keep any dog (maximum of 2 dogs per Unit) without the prior consent in writing of the Directors, which body may impose special conditions relating thereto. It must not be assumed that permission will be granted. The consent may be withdrawn by them at any time, without giving any reasons and the conditions may be modified or withdrawn at the Director’s sole discretion. Residents must ensure that their pets do not behave in a manner which is dangerous, noisy or in any other way objectionable. Dogs in particular, must not be allowed to: 7.6.1 7.6.2 defecate on the common area and in the event of doing so, the owner of the animal shall personally immediately remove the excrement and dispose of it in an acceptable manner 7.6.3 dogs should be kept on a lead while on the roads within Forest Glade 7.6.4 7.7 attack, worry or frighten any person or other animal or otherwise cause damage, nuisance or disturbance other than when accompanied by their owners, dogs should be kept confined within the fenced off property of their owners Businesses run from houses in Forest Glade No private erf shall be used for any professional or business purpose in such a manner which causes nuisance or disturbance. No auction or similar sales or exhibitions shall be held without the prior written consent of the Directors. Houses for sale may however be put on show without requiring the Directors permission. 7.8 Structures, Signs, Dish Antennas No structures, signs or other devices may be attached to a house in such a position as to be objectionable to another resident. Dish antennas may be erected without permission provided they do not protrude above the parapet. Where this is essential for good reception, approval must be obtained from the Directors. Dish antennas may not be erected in a position where they project beyond the boundary of the erf. Open pipework on the surface of the building is not allowed. 7.9 Planting of trees and shrubs The planting of trees is not permitted without the prior approval of the Directors. Care must be exercised in the selection and placing of shrubs, particularly because of possible damage to the sewerage system and the cost of containing the eventual size. 7.10 Hedges, shrubs and trees on boundaries Any hedges, shrubs and trees planted on the boundaries between properties shall not exceed a height of 3 meters. The planting of new hedges is not allowed without the permission of the Directors because of the high cost of clipping. 8. REFUSE DISPOSAL 8.1 Domestic and garden refuse must be disposed of in the manner specified in newsletters from time to time. 8.2 Members and tenants or their building or other contractors shall not generate (e.g. during building operations), deposit or dump refuse, trash, garbage or waste of any description whatsoever, including builders’ rubble, on the common area, but shall retain such material in a hygienic and unobjectionable manner on his private erf, prior to disposal in the following manner: 8.2.1 26.11.2013 Domestic refuse to be placed in black plastic bags in the bins in the local refuse enclosure in each hamlet at any time or next to the footpath at the front door to each house only on the day before collection by the local council and only between 7.30 and 8.30 in the morning. Page 4
  • 6. 8.2.2 8.2.3 8.3 Garden refuse (vegetable matter only) to be placed in plastic bags at the boundary of the erf or directly in the bins in the refuse enclosure or if more substantial in the garden refuse enclosure. Recycling specially labelled bins have been provided in the enclosures for recycling plastic items, tins and bottles (which must be washed prior to disposal), paper and newspapers. Kindly adhere strictly to the content labels when using this facility. All non-standard refuse Packing cartons, large boxes, broken furniture, etc., and rubble must NOT be left in the refuse enclosures. Such items must be disposed of by the member or tenant, at his/her own expense, either at the official municipal dumping sites or at the recycling points provided by various organisations. 9. USE OF COMMON AREA 9.1 Extension / Enclosure of gardens Members are permitted to extend their gardens on to the common area subject to the written approval of the Directors, and the following conditions: 9.1.1 members shall not acquire any right to the ground or any existing items on it 9.1.2 all immovable improvements, including paving, and additions made by the member on the common area automatically become the property of the Association 9.1.3 members shall not enclose such ground and thereby prevent access to any common ground area or access to adjacent properties, particularly where those that are hemmed in by a boundary fence and shall provide, for ready access through, a suitable gate in any fence on both sides of their properties and these gates may not be locked 9.1.4 the member undertakes to maintain the area, at his own expense (including the cost of water), in a condition acceptable to the Directors. If this is not done the Directors may, at their sole discretion, take over the maintenance of the land and remove any plants and fittings, without any compensation to the member, to reduce the maintenance cost to a level acceptable to the Directors 9.1.5 members and/or tenants shall store and keep all garden implements, hoses and garden refuse within the areas thus enclosed and shall not store or keep or leave any garden implements, hoses and/or garden refuse on common ground outside the enclosed area 9.1.6 the Association retains the right to any portion of the common area required for the upgrading or relocating of services or for any other reason in connection with the achievement of its objectives and responsibilities. 9.2 Parking 9.2.1 Parking Bays To ensure the best utilisation of parking bays they are not allocated to individual units. 9.2.2 Personal parking areas 9.2.2.1 9.2.2.2 to be installed entirely at member’s expense. Becomes the property of the Association as specified above 9.2.2.3 26.11.2013 may only be installed adjacent to member’s house e.g. a paved area to replace or increase the size of the pathway between member’s house and road. Director’s permission must be obtained. Where a neighbour could reasonably have an equal claim to the area his/her written approval must also be obtained no structures will be allowed unless unobtrusive to other residents. Page 5
  • 7. 10. MAINTENANCE OF HOUSES AND SERVICES 10.1 Walls, roofs etc. common to more than one private erf Where walls, roofs, pipes, gutters, wiring or any other items are common to more than one private erf the member shall maintain his part of the installation in such a way as not to cause damage or inconvenience to his neighbour. 10.2 Sewerage system The removal of blockages in the sewerage system will be done by the Association at its expense, except where the blockage occurs between the manhole in the unit’s yard and the interior of the house, in which case the member will be liable for the cost of de-blocking and/or repairs. The Association is not responsible for cleaning the slotted drain covers in courtyards. 10.3 Painting by the Association 10.3.1 the Directors are responsible for arranging for the repainting of all the exterior walls of all private houses (excluding woodwork) and garages (including the woodwork providing it is maintained in good condition by the member) to the Association’s specification in force at the time 10.3.2 the Directors will, from time to time, decide on the appropriate specification, depending, inter alia, on the condition of the painted surfaces 10.3.3 the Directors, in consultation with the members, will decide on the method of payment by the members e.g. by a one-off levy, a special levy, by building up a special fund in advance or by some other approved procedure 10.3.4 the Directors may be prepared to approve any additional work requested by the member, but this will be for his/her account. In the cases where additional work is considered by the Directors to be essential for the acceptable appearance of the house, but the member is not prepared to accept responsibility for the work, the Directors may, in their sole discretion, have the work done and charge the cost to the member. 10.4 Painting by the member To ensure a reasonable harmony in the general appearance of Forest Glade, members must ensure that: 10.4.1 for walls: In decorating their properties this is done in accordance with the rules then prescribed by the Directors. The general rule is that all the units in a block (or Hamlet) shall conform with regard to wall colour and wall bands (if any) 10.4.2 for timber: White. 10.5 Garage Doors Should any garage door be replaced, such garage door shall match in appearance all the other doors in that block of garages to maintain the harmony of appearance within Forest Glade. However, should all the members who own garages in that block of garages agree to a new type of door and agree to replace all the doors in that block within a reasonable period of time they shall so advise the Directors, requesting their approval, which shall not unreasonably be withheld. 10.6 Paving Subject to prior agreement with the Directors, any member may replace paving on the approach to his erf with brick or other paving on condition that: 10.6.1 the individual member shall: 10.6.1.1 not thereby acquire any right to the ground on which the replacement paving is situated 26.11.2013 Page 6
  • 8. 10.6.1.2 have no claim against the Association for any compensation in respect of any improvement of the common area 10.6.1.3 maintain the replacement paving in a condition acceptable to the Directors. 10.6.2 the Directors have the right in their sole discretion to remove such replacement paving and shall be obliged as soon as reasonably possible after removing such paving to replace it at its own cost to its own design 10.6.3 when any material or structure on the common area is removed, whether by the member or the Directors, for whatever reason, e.g. for upgrading of paving or because the Directors have other plans for the area, the reclaimed material becomes the property of the Association. However, if the member simply wants to move the material to a different (agreed) location, the Association will relinquish its claim. 11. EXTERNAL ALTERATIONS AND / OR ADDITIONS TO HOUSES (must be approved by the Directors) Should a member of the Association wish to make any alterations and/or additions to his/her house including but not limited to the following:   spa-gas installation - solar panels - solar geysers - electricity generators - well points any item projecting above the level of the roof parapet The member shall refer to, be guided by and comply with the Association’s Rules Governing External Alterations and / or Additions to Houses in Forest Glade, which are appended to these rules as an “ANNEXURE A” together with ‘ANNEXURE B” which is the application form. 12. ERECTION OF FENCES AND WALLS (must be approved by the Directors) 12.1 Fences 12.1.1 preferably on private property only, but in some cases this will mean cutting through an existing garden or lawn. The exact specification will therefore depend on the local circumstances 12.1.2 fences must as far as possible be hidden by shrubs and flowers and painted dark green to blend in with the surrounding foliage or white if up against a house 12.1.3 fence material must be as unobtrusive as possible. Maximum height 1.3 meters 12.1.4 no services will be provided by the Association within the fenced area unless a gate is provided and kept unlocked 12.1.5 no ornamental (e.g. wrought-iron) gates will be allowed 12.1.6 unlocked gates in fences shall be obligatory to provide access to all adjacent properties and/or common ground. 12.2 Walls 12.2.1 normally on private property only, between two private properties 12.2.2 maximum height 2.1 meters, except under special circumstnaces, e.g. if the wall is part of a roofed structure 12.2.3 to match Forest Glade brick finish if in brick 26.11.2013 Page 7
  • 9. 12.2.4 types of construction may be specified by the Directors, depending on circumstances, e.g. staggered timber slats if a less dense effect is required. 13. SALE OF PROPERTY 13.1 In terms of the Memorandum of Incorporation of the Association “no member shall transfer his private erven until the Association has certified that the member has at the date of the transfer fulfilled all his financial obligations to the Association”. Transfer to the new owner cannot be registered unless a clearance certificate has been issued by the Association. This certificate will confirm that all levies and commitments due to the Association, in respect of the property being sold, have been settled in full. 13.2 The member shall ensure that the Estate Agent’s potential purchaser shall be provided in advance with a copy of these rules and the Rules Governing Alterations and/or Additions to Houses in Forest Glade (Annexure A). 14. UNBUDGETED EXPENSE UNDERTAKEN BY THE ASSOCIATION From time to time the need may arise for the Association to incur expenditure of a nature that was either not budgeted for or has arisen as an emergency issue requiring urgent attention. In such cases the Directors may not exceed a total expenditure limit, for any one project of R50 000 without first obtaining the approval of members at an Annual General Meeting or a General Meeting called for that (as well as any other) purpose. 15. FAILURE TO COMPLY WITH THESE RULES 15.1 In accordance with the Association’s Memorandum of Incorporation any member who breaches or fails in the observance of any of the provisions of these rules may, to the extent determined by a resolution passed by a majority of the Directors: 15.1.1 be fined by the Directors and/or 15.1.2 be ordered to pay compensation to any other person aggrieved by this act or omission. The member concerned shall be provided with a summary of the allegations brought against him and be invited to attend such meeting of Directors, by notice in writing delivered to such member not less than 7 (seven) days prior to the holding thereof. Such member shall be given the right to speak and to be represented thereat by any other member of the Association, but not to be present at the voting or to take part in the proceedings, other than as allowed by the Chairman of such meeting. 15.2 Should any member thereafter fail properly or timeously to observe any of his obligations in terms of these Rules and persist in such failure for a period of seven days after receipt of notice from the Directors requiring him to remedy the same, the Directors shall, without prejudice and in addition to all other rights available to them, be entitled to: 15.2.1 enforce such obligation and recover the cost thereof together with interest reckoned thereon at the prevailing overdraft rate at the Standard Bank from the defaulting member 15.2.2 instruct attorneys to institute such proceedings as may be necessary against the defaulting member who shall be liable for all costs and charges of whatsoever nature incurred in such proceedings. 15.3 Members shall not be entitled to any of the privileges of membership unless and until they shall have paid every levy or fine, interest thereon and other sum (if any) which shall be due to the Association. The full levy is payable every month and no deductions may be made, regardless of any dispute a member may have with the Association. 26.11.2013 Page 8
  • 10. ANNEXURE A RULES GOVERNING EXTERNAL ALTERATIONS AND/OR ADDITIONS TO HOUSES IN FOREST GLADE CONDITIONS 1. The Cape Town Municipality, in considering a request for building alterations and/or additions requires prior formal approval, by the Directors, of any plans for external alterations and/or additions, to houses in Forest Glade including windows and doors. 2. The approval of the Directors is for the general appearance of the proposed alterations and/or additions in terms of its obligation to maintain a harmonious architectural appearance of the Forest Glade housing clusters in the interest of other members. It is NOT approval to proceed with building operations. The technical aspects and legal requirements pertaining to any alterations and/or additions are matters for the Cape Town Municipality and other appropriate bodies to approve. 3. No building alterations and/or additions to the external walls of any property may be started without the written permission of the Directors and, if applicable, in terms of the Cape Town Municipal by-laws. 4. The Directors shall be provided with a copy of the officially stamped and approved plans and written approval of the Cape Town Municipality and any other relevant authority and a copy of any conditions pertaining to such approvals. RULES Should a member of the One Hundred and Three Homeowners Association NPC (“the Association”) wish to make any external alterations and/or additions to his/her property including but not limited to the following:  spa – gas installation - solar panels – solar geysers – electricity generators – well points – windows – doors – air conditioners – heat exchanges  any item projecting above the level of the roof parapet The member shall: 1. Apply (in addition to the mandatory application to the Cape Town Municipality), on the official application form of Directors of the Association (“the Directors”) for the approval of the Directors for the work to be done and shall lodge with the Directors: 1.1 At least two sets of plans drawn to scale as required by the Cape Town Municipality for building plans indicating clearly: 1.1.1 existing walls of the building including all windows and doors 1.1.2 the proposed new walls and the walls proposed for demolition, and all windows and doors 1.1.2.1 any proposed windows on East or West facing walls must be carefully positioned in the interests of mutual neighbourly privacy. Bathroom windows must be opaque 1.1.3 the proposed service installation and any alterations to the plumbing, drainage and electrical reticulation, in particular the plumbing for a spa backwash into the sewerage system 1.1.3.1 no solar panels, solar geysers, heat exchangers or air conditioners may be constructed/ installed on roofs without the consent of the Directors first having been obtained 1.1.3.2 no pipes, other than rainwater downpipes may be attached to the outside face of the building 26.11.2013 Page 9
  • 11. 1.1.3.3 should it be essential to have any outside pipes then on an exception basis, the Directors at their discretion may approve such piping, subject to such qualification as the Directors may impose 1.1.3.4 any external Liquid Petroleum Gas (LPG) facilities installed shall be suitably enclosed to minimize the visual impact of such facility 1.1.3.5 gutters shall not protrude beyond or over external walls and shall be boxed in behind parapets to preserve the line of the buildings 1.1.4 the exact dimensions of any additional building, structure, wall or fence it is proposed to erect and the exact position thereof in relation to the buildings existing on the erf 1.1.5 in the case of a spa, the type of fence and/or spa covering to be installed 1.1.6 any proposed installation of solar geysers and/or other green and energy savings facilities shall be subject to prior approval by the Directors 1.1.6.1 members proposing installation of such facility shall provide their neighbours and other potentially affected parties with photographs of the exact product to be installed as well as perspective drawings of the unit with the proposed facility for their scrutiny, consideration and approval or objection 1.1.6.2 members shall lodge the relevant drawings and photographs, plus their neighbours and others approvals or objections in writing with the Directors for consideration and decision 1.1.6.3 the Directors, in their deliberations shall give weight to the benefits and desirability of new green technology in making their final decision. 1.1.7 1.2 a detailed proposed building time table (subject to approval or amendment by the Directors). Written agreement to the alterations and/or additions from adjoining neighbours and any other member likely to be affected. This agreement is not to be unreasonably withheld. Should the member be unable to obtain another members’ approval the Directors may, in their sole discretion nevertheless accept the application 1.2.1 in the event of an objection by a neighbour or other member, such objection shall be submitted to the Directors in writing 1.2.2 the Directors shall consider such submissions and shall be the final arbiter in the event of any dispute on the proposed plans and their decision shall be conveyed in writing to the disputing parties. 1.3 The Directors may call for such further information or data as it, in its sole discretion, deems necessary or expedient and the member shall be entitled to submit any comments he may wish in favour of his proposal 1.4 The Directors, in approving the application, may impose such conditions as they in their sole discretion deem necessary, and the member must sign the application form to indicate his acceptance of the conditions. 1.5 If approved by the Directors, one set of plans is stamped and signed with the approval of the Directors and returned to the applicant for submission to the Cape Town Municipality. The other set is retained by the Directors. GENERAL 1. No signs are to be displayed at the property being worked on or anywhere within Forest Glade. 2. All contract workers are to wear identity bibs when working in Forest Glade. Bibs are available from the Estate Manager against a deposit of R50 per bib - refundable on return of the bib. 26.11.2013 Page 10
  • 12. 3. Contract workers may not use Forest Glade toilets. The contractor must either provide a portable loo or use the Unit’s toilet. 4. Builders material may not be stored anywhere except on the private property of the owner. Where this is not practicable the permission of the Estate Manager to deviate from this rule must be obtained beforehand. His decision will be binding on all parties. 5. Rubble must be retained on site for removal at suitable intervals. It may not be dumped on Forest Glade property i.e. on the roads, parking areas, common ground, refuse bin enclosures or open spaces. 6. Mixing of concrete may only take place on the private property of the owner where the work is being undertaken. Under no circumstances may such mixing take place on common ground or anywhere else within Forest Glade. 7. Noisy building operations will not be allowed during the following times:  Mondays to Fridays  Saturdays  Sundays and public holidays before 8.30am and after 6.00pm before 8.30am and after 5.00pm not at all The Estate Manager may authorise deviations from the above, but no noisy operations may be undertaken during such extended hours. 8. Contractors vehicles are to be parked in designated areas. 9. No damage may be caused to a neighbour’s or Forest Glade property (including plants, shrubs and trees). 10. Members are fully responsible for their own projects and Forest Glade staff are not authorised to and will not negotiate with contractors or Cape Town Municipal authorities on any matter. 11. Neither the Estate Manager nor the Directors will become involved in disputes between members and contractors and Municipal officials. 12. The Estate Manager is empowered, by the Directors to issue a written instruction to the member in terms of these Rules. If this instruction is not complied with, a penalty as defined in the Forest Glade rules may be imposed. 13. Members must provide contractors with copies of these rules. 26.11.2013 Page 11
  • 13. ANNEXURE B APPLICATION FORPROPOSED ALTERATIONS AND/OR ADDITIONS Unit number:…….. Name of owner:………………………………...............................Tel no:…………………………. I hereby apply for permission to have the following work done: ...................................................................................... .......................................................................................................................................................................................... .......................................................................................................................................................................................... I enclose the appropriate sketch plans, diagrams and/or drawings, in accordance with clause 11 and Annexure A of the Rules. Neighbours as well as any other person or persons who may be affected are required to fill in and sign paragraph 1, and sign the sketch plans, diagrams and/or drawings. Please indicate the name and contact details of the person responsible for the supervision of all work related to the proposed additions/modifications in order that action can be taken in case of non-compliance with any imposed conditions of the Association`s rules. Name: ……………………………………….......................................................................................................................... Capacity (i.e. owner, architect etc.): ……………………………………………..................................................................... Telephone number during working hours: ………………………………….......................................................................... 1. NO OBJECTION / OBJECTION TO PROPOSED ADDITIONS / MODIFICATIONS BY IMMEDIATE NEIGHBOURS AND ANY PERSON OR PERSONS LIKELY TO BE AFFECTED: a. Unit No....……………… Name (in block letters): ………………………...…............................................................... No Objection – Object (encircle which is applicable) Reason for Objection:............................................................................................................................................................ Signature: ……………................................................................ b. Unit No....……………… Date: ................................... Name (in block letters): ………………………...….............................................................. No Objection – Object (encircle which is applicable) Reason for Objection:........................................................................................................................................................... Signature: ……………................................................................ Date: ................................... Use a separate sheet of paper for additional neighbours, if applicable 26.11.2013 Page 12
  • 14. _______________________________________________________________________________ 2. APPROVAL / REJECTION OF PROPOSED ADDITIONS / MODIFICATIONS BY 103HOA BOARD To: ………………………………………………………………………………. Unit No: ……………………………… 2.1. Approval is hereby given - not given (encircle which is applicable) for proposed additions/modifications to your unit as requested in the above application section. 2.2. Reasons for non-approval, if applicable: ………………………………......................……………………………………………………………………. ………………………………………………......................……………………………………………………. 2.3. Approval is given subject to the acceptance of and adherence to the conditions set out below and in the attached documents: a. Approval from the local Municipality must be obtained for any additions/modifications as required by them. b. Rule 7.6 of the 103HOA Rules is adhered to at all times during the additions/modifications. c. Commencement of work may only begin after proof of Municipal approval has been lodged with the 103HOA. d. Inspection of the works during construction and on completion by the Estate Manager of the 103HOA to confirm compliance with the requirements of the above-mentioned documents and the completion date. e. The 103HOA is to be informed of the commencement and completion dates of the additions/ modifications. In the event that the additions/modifications cannot be completed within the stated time frame the 103HOA is to be informed in writing as to the reasons why. f. Other conditions……………………………………………………………..................………........................................ ………………………………………………………………………………………….................................................. ………………………………………………………………………………………….................................................. ……………………………………………………………………………………………………………………………….. 2.4. Approval by members of the Board: Name of Board Member: ...................................................... Signature: ............................................... Date: ................... Name of Board Member: ...................................................... Signature: ............................................... Date: ................... Name of Estate Manager: ......................................................Signature: ............................................... Date: ................... 3. CONDITIONS AS PER 2.3.f. ACCEPTED BY OWNER Name (in block letters): ……………………………….........……………….. Signature: ……………..............…………………… Date: …………………………… 26.11.2013 Page 13