6.1. Amberfield Manor Estate is first and foremost a residential Estate and in the interests of protecting its residents from the nuisance or aggravation factors usually accompanying such business activities, anyone wishing to operate a business from their residential premises shall apply to the Board of Directors for permission to do so, which permission shall not be unreasonably withheld. The Board shall consider the rights applied for, against the impact on the other residents’ interests, and can grant permission, subject to applicable conditions, with the aim to protect its residents from any potential nuisance. The applicant may execute the right to operate the business activities applied for, for as long as he complies with the set conditions, instructions, directions or rulings made by the Board of Directors, with regard to such business activities.
6.2. The Tshwane Town Planning Scheme, 2008, as authorised by the Town Planning and Townships Ordinance, 1986, remain supreme in determining zoning rights. The Directorate shall not allow or grant any further use rights, and members shall not use the residential properties, to any further extent, as the municipal zoning allows for.
6.3. No person may conduct any business, professional or commercial activity from or on any property within the Estate in contravention of the Tshwane Town Planning Scheme, 2008, or disobey and non-comply to any rules, regulations and by-laws of the municipality.
6.4. Any property owner who allows the non-compliance of a municipal bylaw, or is guilty of a Town Planning Scheme contravention, may be held liable in terms of such Municipal Bylaw, or Town Planning Scheme. On receiving any municipal notice to either discontinue an activity or to legalise the non-compliance by way of an application, the members must comply with same. The member also have to inform the Directorate of the Estate of such notice and provide all relevant information, since one member’s liability in terms of a bylaw or scheme contravention may have an impact on the surrounding owners and the Estate. Additional zoning rights will impact on the municipal rates and taxes being charged, and may increase service capacity requirements.
6.5 Written complaints to the HOA regarding disturbance or nuisance caused by business, profession or commercial activity, hobby or other activity, shall be investigated and considered by the Board of Directors. The Board is authorised to direct that such business, profession, commercial activity, hobby or other activity cease, or may consider a conditional consent for such activity, and set limiting conditions, in order to protect the interests of the other members / property owners. Such conditions may include: soundproofing of the garage and limiting a noise activity to the garage, and only within certain hours; require additional fire fighting protection; visitor parking limitations; business visitors may be limited in number or in certain hours, certain activities may be limited to certain hours. The Board must be fair in the management of members rights and freedom of use of their properties, and set limitations only when necessary
for other member’s and their interests’ protection.
6.6 Guesthouses are not allowed on the Estate.