21.1 Members have to ensure that their prospective Estate Agent is properly registered with and has authorised right of access to the Premises, in order to manage the provision of accurate information about the Premises and HOA to the Estate Agents and prospective purchasers and encourage trustworthy and ethical marketing of HOA properties to prospective buyers.
21.2 An Estate Agent needs to present a copy of his ID Document, Fidelity Fund Certificate and a letter of confirmation from the Estate Agency that he represents when registering the right of access at the Estate Office.
21.3 It remains the duty of the Member (seller) and the registered Estate Agent to ensure that a prospective purchaser is accurately informed about the HOA, its Rules of Conduct together with its Annexures and any other administrative regulations applicable at the point of time when the agreement of sale is signed.
21.4 The Member must ensure that his tenants and Estate Agents adhere to the Rules of Conduct. 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.
21.5 The Management reserves the right to issue a document to Estate Agents containing HOA marketing information and internal rules applicable to selling and letting of Members’ 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.
21.6 A Member leasing his Property is encouraged to ensure that the lease agreement is subject to compliance to the Rules of Conduct. 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 clause by the Member remains responsible for his Tenants’ compliance to the Rules of Conduct.
21.7 When entering into a lease agreement, a Member shall notify the Estate Office in writing giving details of:
21.7.1 The name and contact details of the Member and the lessee concerned.
21.7.2 The duration of the Lease.
21.7.3 The name and contact details of the Estate Agent or rental agent managing the lease on behalf of such Member; and
21.7.4 A copy of the lease agreement to be provided to the Estate Office.
21.8 The issuing of right to access to the Tenant will only take place after compliance with clause 21.7.
21.9 The Management will not issue a clearance certificate or any other certificate required for purposes of the transfer of a property by a Member (the seller), if-
21.9.1 the signed 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
the HOA.
21.9.2 all moneys due to the HOA have on the date of registration not been paid or provision has not been made to the satisfaction of the HOA/Management for the payment thereof.
21.9.3 there has been a breach by the seller of any of the HOA Rules of Conduct and/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 Management.