21.1. Members have to ensure that their prospective Estate Agent is properly registered with AMBERFIELD MANOR HOA, in order to manage the provision of accurate information about the Estate to the Agents and prospective purchasers, and encourage trustworthy and ethical marketing of estate properties to prospective buyers. An Estate Agent needs to present a copy of his/her Fidelity Fund Certificate at registry. It remains the duty of the member and the registered Estate Agent to ensure that prospective purchasers are accurately informed about the Estate, its Rules, Contractors Code of Conduct and any other administrative regulations applicable at the time of purchase. The registry of Estate Agents replaces the need for Estate Agents marketing signs on Estate properties.
21.2. The member must ensure that his/her tenants and Estate Agents adhere to these rules. The member will be held liable for any failure by such tenant or Estate Agent to comply, and the member will be responsible to address the consequences of their non-compliance.
21.3. AMBERFIELD MANOR HOA reserve the right to issue a document to Estate Agents containing Estate marketing information and internal rules applicable to selling and letting of Estate properties, and to publish and take any necessary measures in the letting and selling process to manage the service delivery needs of members in this regard.
21.4. A member leasing an estate property is encouraged to ensure that the Lease Agreement is subject to compliance to the Rules of Conduct of the Estate. For that purpose, such a clause is to be included in the Lease Agreement and a copy of the Rules of Conduct must be Annexed to the Lease as an Addendum. Notwithstanding compliance to this rule by the member, the member remains
responsible for his tenants’ compliance to the Rules of Conduct.
21.5. The buyer will only have recourse against the seller, if the seller provides inadequate or inaccurate information about the estate property and the HOA’s company management and membership obligations.
21.6. When entering into a lease agreement, a member shall notify the Estate Manager in writing giving details of:
21.6.1. The name and contact details of the member and the Lessee concerned;
21.6.2. The duration of the Lease;
21.6.3. The name and contact details of the Estate or Rental Agent managing the lease on behalf of such member.
21.7. The issuing of access devices to the tenant as resident and HOA authorised and security cleared persons, in terms of clause 20.2.2 after compliance to clause 21.6.
21.8. The HOA may not issue a clearance certificate or any other certificate required for purposes of the transfer of a property by a member (the seller), if-
21.8.1. the offer to purchase does not contain a clause binding the purchaser to the provisions of the Articles of Association and Statutes or Memorandum of Incorporation of Amberfield Manor HOA;
21.8.2. all moneys due to Amberfield Manor HOA have on the date of registration not been paid or provision has not been made to the satisfaction of the HOA for the payment thereof; or
21.8.3. there has been a breach by the seller of any of these Rules or of the Articles of Association or of the Memorandum of Incorporation that has not been remedied, or for the remedying of which provision has not been made, to the satisfaction of The Board.