Rules & Regulations
1. INTRODUCTION
Blouberg Hills & Sandown Estate has been designed to provide a comfortable and secure living environment and lifestyle for the residents of the Estate. The intention of these rules is that of protecting and enhancing this lifestyle and the environment of the Estate. These rules are binding upon all owners, residents, visitors and Contractors, as are decisions taken by the trustees in interpreting or enforcing these rules. The registered owners of properties are responsible for ensuring that members of their families, tenants, visitors, friends and all their employees are aware of, and abide by, these rules.
The trustees of Big Bay Residential Estate Home Owners Association (HOA) reserve the right to modify, amend, add to, or delete any of these rules from time to time. This document should be read in conjunction with the other documentation issued to purchasers that includes the design guidelines for the Big Bay Development Framework, the design guidelines for Big Bay Residential Estate, the Constitution of the Big Bay Master Home Owners Association, the Constitution of the Big Bay Residential Estate Property Owners Association, and the Contractors Agreement which stipulates the conditions under which construction may take place on the Estate.
Blouberg Hills & Sandown Estate is a private estate, which permits a higher degree of control of the living environment than would be the case in a normal suburb. Therefore these structures have been set up to manage this environment and to exercise certain objectives such as access control and general on site security.
2. USE OF THE STREETS
a) Description
(i) The speed limit is 20kph.
(ii) The use of motorcycles, quad bikes, scramblers, motorized scooters any vehicles with noisy exhaust systems and/or un-roadworthy vehicles is prohibited anywhere on the Estate.
(iii) Hooting at the entrance or anywhere within the estate is prohibited.
b) Breach
Should a resident or a resident’s visitor not comply with the above rules a fine of R 100.00 per transgression may be imposed by the HOA on the property owner without warning. A transgressing visitor may be escorted from the Estate.
3. LANDSCAPING & MAINTENANCE OF VERGES
The entrances, external road verges and private open spaces (POS) have been landscaped and children’s play equipment erected in certain areas.
The maintenance of these common landscaped areas is the responsibility of the HOA.
It is there to be enjoyed by all, however the play equipment is used at your own risk.
a) Description
It is a requirement that the homeowner landscape and maintain the verge(s) adjacent to his property.
b) Breach
The estate will appoint a Contractor to landscape and/or maintain the unacceptable verge for the resident’s account. In addition to this the resident may be fined R1000.00 per offence.
4. REFUSE REMOVAL & DUMPING
Refuse bins will need to be applied for from Blaauwberg Cleansing Department at contact number 0860 103 089.
Refuse bins must be placed on the verge on Monday mornings by 6am for collection by the municipality.
No cleaning of bins is permitted on the road or road verge. No dumping is permitted at our Estate tip.
a) Description
(i) Refuse removal is to be undertaken by the local authority on designated days (every Monday from 06h30). Only the standard municipal black bins will be collected. Should any other refuse be placed outside for collection and refused by the Municipality, this has to be removed by the resident on the same day.
(ii) No resident, resident’s agent and/or Contractor is allowed to dispose of any refuse, rubble, garden refuse and/or excess of any kind on any other private and or common property.
(iii) Refuse bins will need to be applied for from Blaauwberg Cleansing Department at contact number 0860 103 089. No cleaning of bins is permitted on the road or road verge.
b) Breach
(i) Should a resident not comply with the above rule a fine of R 100.00 per transgression per day may be imposed by the HOA.
(ii) In the case as described in paragraph 4.0 (ii) above, the Estate will appoint a Contractor to remove all such spoil for the resident’s account. In addition, the resident will be fined R1000.00 per offence.
5. DOGS AND OTHER ANIMALS
a) Description
All dogs must be kept on a leash at all times when on common property. No resident shall permit their dog(s) to cause a nuisance to other residents. This applies particularly to barking and defecating on common areas.
b) Breach
Should a resident not comply with the above rule a fine of R 500.00 per first transgression per day may be imposed by the HOA. If the offence re-occurs the fine amount will be doubled in price.
6. LETTING AND RE-SELLING OF PROPERTY OUTSIDE AGENTS AND SHOWING OF HOUSES
a) Description
(i) Re-sales and letting of property is permitted by agents who are accredited with the HOA.
(ii) No signage is permitted on any plot, house or on any of the common property, with the exception of 6.0 (iii) below.
(iii) Only on Sundays a resident or his/her agent may be permitted to erect “For Sale” or “On Show” signs from 10h00 to 18h00 on the applicable properties and to the discretion of the HOA. Show houses on Sundays are from 2-6pm only.
(iv) All Estate Agent representatives or “On Show house sitters” are to vacate the Estate by no later than 18h00 and all “For Sale” and “On Show” boards are to be removed from the Estate.
(v) All Estate Agents have to be in possession of a signed mandate from the Property Owner before being allowed access into the Estate to market the property and/or place the house on show.
(vi) For security reasons, no showing of houses are permitted daily after 18h00, irrespective of any reason given.
b) Breach
(i) Should a resident not comply with the above rule a fine of R 250.00 per transgression per day may be imposed by the HOA.
(ii) In addition, the offending agent may be prohibited from entering the Estate in the future.
7. PAYMENT OF LEVIES
a) Description
Levies are due and payable by debit order on the first day of each and every month.
The bank account details are as follows:
Bank: Nedbank – Heerengracht
Name of Account: Big Bay Residential Estate Home Owners Association
Branch Code: 103109
Current Account No: 1031387552
b) Breach
Interest of 4% above prime will be raised on all amounts in arrears.
8. SECURITY AND ACCESS CONTROL
a) Description
(i) A central feature to the quality of life at Big Bay Residential Estate is security. The Estate is fully protected by electrified fencing that is designed to prevent unauthorised access to the Estate.
(ii) An important element of a secure lifestyle is that of prevention and deterrence. Residents are requested to familiarize themselves with the procedures, which have been developed to manage the influx of people and vehicles with the minimum disruption whilst at the same time protecting the residents. From time to time certain changes may be made to some of these procedures, and residents will be advised accordingly. Residents are reminded that they have the responsibility for the conduct of their visitors and for ensuring that they adhere to the security procedures.
(iii) Only the Estate’s registered property owners, their immediate family and registered residents are permitted to use their access card/s to gain access to the Estate.
(iv) The use of an access cards/s to allow access to any Contractor or person not registered as the Estate’s resident is specifically prohibited.
(v) Should the access card/s be required for a longer-term visitor or house-sitter, this has to be recorded at the Security Office.
(vi) Any resident, when entering the Estate who is not in possession of an access card/s has to sign the security register at the Visitors entrance.
b. Breach
(i) Any Contractor or visitor not adhering to this regulation will be removed from Estate.
(ii) In addition the relevant property owner will be fined up to R 500.00 per transgression.
9. REMOVAL OF ALIEN VEGETATION
a) Description
(i) Property owners must ensure that properties are free of weeds and alien vegetation and that undeveloped Erven are neat and tidy at all times.
(ii) Property owners are required to take appropriate steps to ensure that any surface erosion does not result in the accumulation of soil on the roads and sidewalks.
b) Breach
(i) Should a property owner not comply with this regulation, an outside Contractor shall be appointed and the costs thereof claimed from the property owner.
(ii) In addition, the non-complying home owner may be fined R 500.00.
10. WORK ON THE ESTATE AND APPOINTMENT OF CONTRACTORS
a) Description
(i) For the purposes of this document, the following definitions apply:
“Contractor” is defined as any person performing any work of any kind anywhere on the Estate. This excludes “Handy-man” as described below. Building work of any kind is specifically defined as Contractor work.
”Handy-man” is defined as any resident or person directly employed by a resident (maximum 2 non-residents), for the purposes of a small, unobtrusive maintenance work within the boundaries of the resident’s property only.
(ii) All Contractor work is regulated and subject to the Estate Building Rules. When appointing a Contractor, all property owners are required to inform the Security.
(ii) Once appointed by the property owners, Contractors will be required to enter into a Contractors Agreement with the HOA. The agreement is designed to regulate the activities and conduct of Contractors within the estate.
(iii) Unless described otherwise elsewhere in this document, Handy-man work is regulated and subject to the Estate Building Rules.
(iv) By appointing a Handy-man, the Home Owner accepts full responsibility for the Handy-man’s adherence to both, the Estate Rules and the Building Rules.
(v) Only a Handy-man accompanied by a resident may enter, leave and/or move around the Estate on foot.
b) Breach
(i) No Contractorshall be permitted to enter the Estate without a signed Contractors Agreement.
(ii) Any property owner assisting and/or allowing a Contractor’s access to the Estate in breach of the Estate Rules will be fined up to R 1000.00 per transgression.
(iii) Any Home Owner in breach of paragraph (v) above shall be fined up to R 500.00 per transgression.
11.0 MAINTENANCE OF STRUCTURES INCLUDING BOUNDARY WALLS:
Homeowners are required to maintain all structures on their properties, including boundary walls, in good condition.
12.0 WENDY HOUSES, JUNGLE GYMS, USE OF SHADE CLOTH & NETTING
a) Description
(i) All Wendy Houses, Jungle Gyms and any other structures visible from any road and/or common area have to be approved by the HOA prior to erection.
(ii) All applications must be done in writing and they must clearly indicate the positioning of the structure and the degree of its visibility from the road and/or common areas.
(iii) The use of shade cloth, netting and any other material, which may, to the HOA’s discretion, be to the detriment of the Estate, in any areas visible from the roads and/or common areas, is prohibited.
b) Breach
The transgressing resident may be fined R 500.00 per week until full rectification.
13.0 BOATS, TRAILERS, CARAVANS & COMMERCIAL VEHICLES
a) Description
Boats, trailers, caravans, commercial vehicles and similar have to be stored and/or parked inside of the home owners property behind a closed gate, screened off from the view from all public places and roads.
b) Breach
The transgressing Home Owner may be fined R 500.00 per offence per week.
14.0 WORK HOURS
Any work performed anywhere on the Estate by any non-resident is restricted to the following times:
- Monday to Friday (working days) – 07h00 to 17h00 (Estate to be vacated by 17h30)
- Saturdays (excl. Public Holidays) – 08h00 to 13h30 (Estate to be vacated by 14h00)
- Sundays, Public Holidays: – No work permitted
- December/January holidays, as determined by the HOA from year to year:
No work permitted, other than regular garden service, which shall be permitted.
Exceptions:
a)
Life and/or property threatening emergencies, such as burst geysers or broken water pipes, only.
b)
Saturdays only (excluding December/January holidays and Public Holidays): Handy-men, as defined in paragraph 10.0 above, may, by arrangement with the Security, leave the Estate on or before 17h00, provided they are accompanied by a resident. This rule is concerned with the safety of children playing in the streets and it strictly applies regardless of whether the Handy-man is driving or on foot.
15.0 CONTACT TELEPHONE NUMBERS
Contact telephone numbers can be programmed into the communication system to enable security at the guardhouse to contact the homeowner / resident. Once resident on the Estate, landline numbers must be supplied, with cell phone numbers for emergency use only.
16.0 DOMESTICS & GARDENERS
Details of domestics and gardeners must be supplied to security who will issue an appropriate access tag for entry into the estate.
17.0 PAYMENT OF FINES
a) Description
All penalties and fines must be paid within 30 days of the date of issue.
b) Breach
Interest of 4% above prime will be raised on all amounts in arrears.
18.0 ENFORCEMENT OF RULES & INSTRUCTIONS
a) Description
(i) All Home Owners, Contractors, Sub Contractors, Agents, workers, delivery personnel and/or any personnel entering the Estate are obligated to cooperate with the Estate Manager, the Security and/or the HOA Trustees in their effort to enforce security and the rules as described in this document.
b) Breach
(i) Any property owner who does not comply with the above rule and/or any property owner whose visitors are not complying with the above rules, shall be fined up to R 5000.00 per transgression, in addition to any other fines that may be applicable as per this document.
19.0 BUILDING/RENOVATIONS/ALTERATIONS PROCEDURE
This is the procedure when contemplating home renovations/alterations on your property on the Estate, in order to eliminate any possible deviation from the Big Bay Residential Estate Design Guidelines.
19.1 A copy of a plan drawn by an architect/designer with details of all the intended building elements structure/s to be submitted to the Estate Management office at Blouberg Hills for approval by Big Bay Architectural Review Committee (BBARC).
19.2 A scrutiny fee of R 1200.00 for new plans and R600.00 for alterations payable to Big Bay Architectural Review Committee needs to accompany the plan.
19.3 A refundable Verge Deposit of R5000 and a non refundable monthly Builders Levy of R240.00 must be paid to the Home Owners Association before building commences.
19.4 After the plan has been approved by Big Bay Architectural Review Committee, the property owner needs to submit the plan to the City Council Town Planning, Milpark Centre, Milnerton.
19.5 After the plan has been approved, the Property Owner needs to pay a refundable verge deposit and a non refundable monthly builders levy payable to the Big Bay Homeowners Association.
19.6 The Property Owner will need to appoint a “RESPONSIBLE” person who will sign all the necessary documents with the Estate and will be introduced by the Estate Manager to all the building rules and regulations of the Estate. The RESPONSIBLE person is accountable to ensure all Council and/ or Estate Rules are complied to.
19.7 When all the above requirements are met, the contractor may proceed with building activities on that particular property. No building activities may commence without the above and also remember approved Council plans are only valid for 1 year from the date of approval.
19.8 At the end of the project an inspection will be carried out by Estate Management and the Architectural committee to ensure that the Contractor/Property Owner has fully complied with the approved plan. Finally, a HOA Completion Certificate will be issued. It is important that the Owner receives the HOA Completion Certificate as this is a requirement when selling your property.
N.B. At all times the Big Bay Building guidelines and BBHOA Estate Managers Building Rules & Regulations must be adhered to. Should anyone be unsure of anything they must consult with the Estate Manager and BBARC before embarking on any proposed building activity.
20. RULES REGARDING SOCIAL FUNCTIONS AT RESIDENTIAL PREMISES
20.1 Should you be planning a function at your home that might affect parking or your neighbours, you need to notify the Estate Manager at least a week before the time to ensure that the process can be managed properly in terms of the Estate Rules and Security Procedures. Notifying your neighbours is essential to avoid potential conflicts on the day.
20.2 Please provide the Estate Manager with a list of your invited guests and the registration numbers of the vehicles at least 24 hours before a function to facilitate access of your guests at the gate and to prevent uninvited guests being admitted – thus ensuring the safety of you and your family.
20.3 The Estate Management with the Board of Trustees reserve the right to reject the application should they be of the opinion such an occasion may cause a disruption to the residents or compromise security. When it is not possible to give 7 days notice or obtain the neighbours consent, Estate Management must be contacted as soon as possible to obtain approval.
A breach of the above rule will result in a fine of R1000.00
21. NOISE/DISTURBANCE/NUISANCE
21.1 The level of any music played should be limited so as not to cause a nuisance or disturbance to other residents.
21.2 No loud music or noise is permitted after 22H00. Abusive language of any type is not permitted at all. Failing to comply, security will request that you turn down the noise level and if not adhered to, the next step will be for security to contact the South African Police to assist them.
21.3 No fireworks/firearms/pellet guns/catapults/bow and arrows or any other weapons may be used on the Estate, unless being used for protection purposes.
A breach of the above rule will result in a fine of R1000.00
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