A. ESTATE AGENTS
1. An agent who wishes to operate within the Estate must apply for access to the Estate by registering at the Estate Office and will receive a set of the MOI and the Rules of Conduct and other administrative regulations of the HOA from the Management.
2. An application will receive attention on:
2.1. presentation of his business credentials,
2.2. presentation of his Fidelity Fund Certificate,
2.3. presentation of a letter from the Estate Agency he represents confirming employment, and
2.4. has paid a non-refundable access fee.
3. No agent may commence to operate on the Estate unless approved by the Estate Office.
4. Agents’ access permission to the Estate will be valid for 6 or 12 months (as per application), after which a new application for access must be submitted.
5. Should an agent be in breach of the Estate Rules of Conduct, the HOA reserves the right to withdraw the authorisation to access the Estate.
6. The agent may only access the Estate by an ‘appointment-basis’ and shall at all times personally accompany a prospective buyer. If properties are to be on show over weekends, the agent must inform the Estate Office in writing of his intent and provide details of the property on offer by the Friday before 14:00pm, preceding the show-weekend. (Show-times: Saturdays and Sundays – 14:00 to 17:00).
7. The Estate Office will advise each agent of the number of pointer boards which may be erected on sidewalks on that weekend for each property on show. The Estate Agent shall abide by the Municipal by-laws governing advertising signage and shall furthermore abide by the Code of Conduct of the Institute of Estate Agents of South Africa.
8. Show signage can only be erected after 12:00 on Friday and must be removed by 18:00 on the subsequent Sunday.
9. Any show signage not removed after sundown on the subsequent Sunday will be removed by the Estate Office.
10. Once a deed of sale is concluded, all other sale advertising boards must be removed immediately.
11. ‘Sold’ signage must be removed within 2 weeks after transfer of new ownership.
B. Selling of Properties
1. Only Estate agents with valid access permits are permitted to access the Estate.
2. When a Member does not wish to utilize the services of a HOA-registered agent, he may select an agent of his choice; however, such agent must apply for access and follow the same procedure as in Rule 1 to 3 above.
3. Members and Estate agents are obligated to inform prospective buyers about the Estate’s MOI and Rules of Conduct.
4. On realization of a purchase, the selling Member must ensure that the purchase agreement includes a copy of the Estate MOI, Rules of Conduct and that the purchaser signs an acknowledgement of receipt for it and a declaration.
5. It remains the responsibility of the selling Member to ensure that not more than 3 (three) “For Sale” notice Boards are displayed on the property that is in the market.
6. In the event of private sales, the provisions of Annexure A 5 –12 must still be adhered to by the selling Member.
C. Letting of Properties
1. A Member leasing a property in the Estate must ensure that the Lease Agreement subjects the Tenant to compliance with the Estate MOI and Rules of Conduct, the Member remains responsible for his tenants’ compliance to the MOI and Rules of Conduct.
2. When entering into a lease agreement, the Member is obligated to provide the Estate Office with a copy of the signed agreement and provide relevant contact details of the tenant and leasing agent for record and communication purposes.
3. No tenants will be permitted to enter the Estate without a copy of such agreement having been registered at the Estate office. The Member/Letting Agent must ensure that a Tenant is registered for access at the Estate Office at no less than 48 hours before the start of the lease.
4. Members utilizing the services of a leasing agent must ensure that the agent is registered and mandated to access the Estate by the Estate Office.
5. Members shall be responsible for the behaviour of their tenants and is obligated to make good any nature of damage caused by his tenants, family and invitees to HOA property and or local authority installations.
6. Should a Member fail to make good such damage, the Directors reserve the right to repair the damage and debit the cost thereof to the levy account of the Member.
7. Should a Member fail to restrain his tenants, their family or invitees to the Estate, and enforces compliance to the Estate Rules of Conduct, any fines or penalties that may have been imposed by the HOA will be levied to the Members’ levy account. The Estate office may suspend the function of an access device of a tenant, with the permission of the Member/lessee, as a penalty, to enforce the tenant’s compliance to the Estate Rules of Conduct, if the tenant is in contravention of the HOA rules.
8. Tenants’ access is dependent on the provisions of the lease agreements registered with the Estate Office.