HOA RULES
7. SECURITY RULES
It is of cardinal importance that all members adhere to the security measures and rules to ensure their personal safety and that of their private belongings as well as that of fellow residents.
7.1. Security protocol at the gates and inside the estate must be adhered to at all times. Under no circumstances may residents or any person/s other than the security personnel, Directors, members of the security committee, or maintenance personnel be allowed into the gatehouse.
7.2. Only one vehicle is permitted ingress or egress through the gate at any given time. (“Tail-gating” is an offense).
7.3. No pedestrian, motorbike or any other vehicle is allowed to by-pass the gate in any manner whatsoever.
7.4. Access disks are for the sole use of members and bonafide tenants. No contractor, family member, employees of residents or visitors whose identity is not known to the estate office is allowed to use access disks. The use of the access disk is a privilege and not a right. It is the prerogative of the Company to determine the rules for issuing and use of these disks by residents. Should a resident be guilty of violating the Rules regarding the use of the access disks, the Company reserves the right to charge additional levies against the relevant resident’s Company account, as well as de-activate the household’s access disks until the matter has been resolved to the satisfaction of the Security Committee. While the access disks are de-activated, such residents will be required to make use of the visitor’s access procedure through the visitor’s gate.
7.5. Domestic personnel and casual labourers must have a valid RSA ID document or valid temporary residence or valid asylum papers in order to be employed in the estate. The complete set of registration procedures will be available at the security registration office.
7.6. Residents are not allowed to bring unregistered workers into The Estate through the resident’s gate.
7.7. The Company security identification system for visitors, permanent workers, temporary workers and contractor representatives must be conscientiously enforced by every owner and tenant with respect to people in his / her employment.
7.8. All members and tenant must ensure that their visitors adhere to security protocol and Rules, and are requested to treat the security personnel in a co-operative and courteous manner.
7.9. All members must ensure that contractors in their employment adhere specifically to the security stipulations of the Building Regulations.
7.10 All attempts at burglary or instances of fence jumping observed by residents must immediately be reported to a member of the security staff.
7.11 As successful security depends on attitude, owners should be aware that they need to enforce and apply security to ensure its success and hence owners are encouraged to investigate and report possible security transgressions either to security personnel or the ELDOVIEW HOA.
7.12 The township will be manned 24 hours a day by such security personnel as the ELDOVIEW HOA may determine. Owners and residents, if issued with identification cards, should display these cards when entering and leaving the township, either by vehicle or by foot. Owners and other residents are obliged to show these identification cards to the security personnel upon entering and leaving the township through the main gate.
7.13 The township will be patrolled on a random basis by security guards.
7.14 The security guards must at all times be allowed by all owners and residents reasonable entry to their premises in order to patrol and/or investigate security breaches. Failure to do so will result in jeopardizing the safety and security of all residents of ELDOVIEW Estate.
7.15. Should residents wish to install burglar alarm systems for their residences, these may be linked to the security control room if they are compatible with the electronics of The Estate security system. Residents should however discuss the specifications of burglar alarm systems with Security prior to the purchase thereof.
7.16. New residents (members/tenants) must register at The Estate office to enable security to make telephone contact for permission to allow visitors to enter to go to the residence.
7.15 No property may be secured with razor wire or similar fencing.
7.16 Residents on the perimeter wall are responsible for keeping plant growth clear of the electrified fence (side and top). Residents must refrain from planting trees, etc. which may cause a hindrance to the security system.
7.17 Residents on the electrified perimeter fence must advise any visitor of the dangers pertaining thereto.
7.18 No resident may issue instructions to Security Personnel.
7.19 No resident is allowed to influence, fraternize, or curry favour with ANY personnel member or give gifts or money to them. Any such gestures need to be of a collective nature and must be discussed with the security manager who will then distribute the gifts accordingly. If not done in this manner the gesture may be seen as an act of bribery of the guard corps.
7.20 Violation of any of the security Rules is considered a serious offense by the Company.
7.21 Any damage whatsoever to any of the security equipment, knowingly or unknowingly, will be punishable by the imposing of severe penalties and the cost of the repair to the equipment will be recovered from the transgressor and/or the required legal action will be implemented against the transgressor. Severe penalties will also be imposed for the disabling of the security system currently in place.
7.22 Security protocol at the gate dictates that entry by any law enforcement or emergency agency may not be reasonably refused. Security will verify the credentials of the officials and will inform the resident as well as one of the HOA Directors of such agencies to avoid any unauthorised or illegal entry.
7.23 Residents shall always treat the security personnel in a co-operative and respectful manner. No abuse of any security personnel under any circumstances will be allowed.
7.24 The Company has the right to make any amendments to the above Rules as deemed necessary to improve security at The Estate, and fines will be issued at the discretion of the Company for contravention of any of the Rules.
8. TRAFFIC RULES
8.1. The streets of The Estate are for the use of all residents their visitors, contractors, and emergency vehicles, whether on foot, bicycle, motorcycle, in trucks, delivery vans, busses or cars. Vehicles are considered to be part of the street environment, but not necessarily the dominating factor.
8.2. All the streets in The Estate fall under the jurisdiction of the COMPANY including the area in front of the entrances to the estate.
8.3. The following Rules are applicable to the streets in the estate:
8.3.1. All traffic signs on the streets must be adhered to.
8.3.2. Parking on sidewalks for long periods is prohibited.
8.3.3. Pedestrians are advised to cross streets at crossings on the estate and they have the right of way at such crossings. Motorists are reminded to always approach crossings with caution.
8.3.5. Only licensed vehicles may be driven in the estate.
8.3.6. Engine-powered vehicles e.g., cars and motorcycles are permitted to drive only on the streets of the estate and not on the pavements.
8.4. Only licensed drivers may operate and drive engine-powered vehicles anywhere in the estate.
8.5. The excessive recreational use of vehicles, including motorcycles, within the estate, vehicles with noisy exhaust systems and the playing of loud music from car sound systems, are prohibited
8.6. Licence plates must be displayed on vehicles as prescribed by law.
8.7. The speed limit in the estate is 30km per hour.
8.8. Violation of any of the traffic Rules is considered by the Company to be a serious offense. Depending on the particular offense, suitable action, including a fine as determined by the Board, will be implemented.
8.9. Rules may be amended at the discretion of the Company as deemed necessary to ensure the safety of residents and their visitors.
8.10. Pedestrians have right of way but parents are responsible for educating their children with regard to Road Traffic Laws and the use of public roads. Parents are responsible for the safety of their children.
8.11. Quad bikes, battery-powered scooters and other unlicensed vehicles are not allowed on the roads inside or anywhere in the estate.
8.12. No articulated vehicles (i.e. vehicles with a payload exceeding 10m³) will be allowed to make deliveries within the estate. Members/building contractors must advise their suppliers of this rule in advance to avoid additional costs that may occur as a result of the security staff refusing them entry into the estate.
9. VISITORS, STAFF, CONTRACTORS AND TENANTS OF RESIDENTS AND HOMEOWNERS
9.1. Residents of The Estate who knowingly allow their visitors to break any of the House Rules will be held responsible as if they had themselves committed the offence. An appropriate fine will be payable by the homeowner or the visitor depending on the offence.
9.2. Visitors who deliberately break the Rules will be prohibited from entering The Estate again.
9.3. No resident may accommodate or entertain more than 20 people at one time without acquiring written permission, 7 days prior to the reception of the guests. This permission must be obtained from the Company office. Permission will only be granted if the adjacent neighbours indicate their approval in writing. The security manager reserves the right to reject the application should he be of the opinion that such an occasion may cause a disruption to other residents or compromise security. Where it is not possible to give 7 days’ notice or obtain the signatures of neighbours, the security manager must be contacted as soon as possible to obtain approval.
9.4. All residents must adhere to the Local Authority’s Rules and regulations regarding the occupation of residential property. The requirements as stipulated by the Department of Labour regarding the accommodation of domestic workers must be adhered to.
9.5. No deliveries will be allowed after 18h00 without the necessary prior arrangement having been made with security, except in the case of chemist, emergency and fast-food deliveries.
9.6. The Members shall be held liable for the behaviour and conduct of their family, visitors, tenants, contractors as well as their employees, their siblings/visitors and shall ensure that said persons adhere to these Rules.
10. ARCHITECTURAL AND AESTHETIC RULES
The board objectives of the ELDOVIEW HOA are the following:
10.1 To control the character and architectural standards of any new building and other structures to be erected in the township known as ELDOVIEW Estate.
10.2 To maintain the aesthetical upkeep of existing dwellings and to ensure that dwellings and boundary walls are properly maintained. (Regularly painted) The HOA may request owners of existing dwellings to improve the upkeep of these dwellings (painting of dwelling/boundary walls) within in a certain time limit (120 days). Failure to comply with this request may result in a fine to the imposed until such time that the request has been satisfactory met. This fine will be double the monthly levy.
10.3 To control the maintenance and upkeep of the residential gardens.
10.4 The ARCHITECTURAL AND AESTHETIC RULES relate to the control measures regarding access and building activities of contractors (and their suppliers). Owners of units are obliged to bring the House Rules and
Building Regulations to the attention of their building contractors (and their suppliers). Unit owners are to be held responsible for any contravention of the House Rules or Building Regulations by the unit owner and contractors
or their suppliers.
10.5. Measures defined in the Architectural and Aesthetic Rules comprise the following:
10.5.1. Access Control
a) Registration of main contractor and sub-contractors;
b) Registration of construction workers;
c) Limiting the hours of access.
10.5.2. Building Activities
a) Specifying construction times;
b) Times for delivery of building materials;
c) Provisions regarding toilet facilities for workers;
d) Provision regarding advertising signboards on building sites;
e) Arrangement regarding refuse removal.
f) Delivery vehicles.
10.5.3. Fees Payable
Building deposit, plan fees, agent fees, penalties payable as a result of breaching the rules, etc.
10.5.4 Conditions with regard to contractor’s activities.
The main purpose of the following rules is to ensure that all building activities in the township occur with the least possible disruption to residents. Owners are obliged to ensure that building and other contractors strictly adhere to the stipulations of these rules and regulations compiled by the ELDOVIEW HOA.
10.5.5 Legal status
The conditions governing building activity which are set out in this clause are rules adopted by the ELDOVIEW HOA and are therefore binding on all owners and other occupants and, through them, on their contractors and sub-contractors and other parties who are on the estate at their invitation. All owners are obliged to ensure that their building contractors and sub-contractors and other invitees are aware of these conditions and comply strictly with them. Owners are therefore obliged to include these conditions in their entirety in any building contracts concluded in respect of property in the estate (and to procure their inclusion in any sub-contract) and all such contracts may be required to be submitted to the ELDOVIEW HOA for prior approval. The ELDOVIEW HOA has the right to suspend any building activity in contravention of any of these provisions and the ELDOVIEW HOA accepts no liability whatsoever for any loss sustained by an owner as a result thereof.
10.5.6 General conditions
10.5.6.1 Contractor activity is only allowed during the following hours:
Monday to Fridays: 07h00 to 17h00
Saturdays: 07h00 to 13h00
(The above times are called public time).
10.5.6.2 No contractor activity is permitted on Sundays and Public Holidays as
these days are viewed as private time.
10.5.6.3 No contractor activity will be allowed without exceptions during a three-
week period in December/January, called the builders holiday.
10.5.6.4 The workmen of the contractors will enter and exit the estate by vehicle and not by foot.
10.5.6.5 All the contractor’s workers and/or the contractor’s sub-contractor workers must be in possession of a valid South African ID document or legal working permit – in case of foreign workers. The security personnel will strictly enforce this. The security personnel have the right to refuse entry to the premises to workers not complying with this rule. The security personnel have the right to request the ID document or work permit at any time from the contractor’s workers or sub-contractor.
10.5.6.6 The contractor shall provide facilities for rubbish disposal and ensure that the workers use the facility provided and that the rubbish is removed weekly and not burnt on site.
10.5.6.7 The site is to be kept as free as possible of building rubble.
10.5.6.8 Where materials are off-loaded by a supplier on or partly encroaching onto the pavement or roadway, the materials must be moved onto the site by the contractor as soon as possible. No material must be allowed to remain on the roadway or pavement and it is the contractor and owner’s responsibility to clear the roadway of all such materials. The same applies to sand or rubble – washed or moved onto the road during building operations.
10.5.6.9 Every day the contractor’s workers will clean the pavement and roadway during building operations.
10.5.6.10 Deliveries from suppliers must be scheduled in public times only.
10.5.6.11 All contractors will be required to provide screened ablution facilities for the workmen and sub-contractors under his control.
10.5.6.12 Building boards may only be erected if they comply with the ELDOVIEW HOA’s standards, details of that are available from the ELDOVIEW HOA. Such boards are not to be erected on the pavement landscaping. No sub-contractor’s boards are allowed. All boards must be removed upon completion of construction.
10.5.6.13 The owner and the contractor shall be held responsible for damage to kerbs, street lights, plants on the sidewalks and/or damage to private or estate property.
10.5.6.14 Should a contractor breach or allow the breach of any provision of these rules by his employees, workers, a sub-contractor or its workers, the ELDOVIEW HOA may itself rectify the breach as deemed necessary and claim any expense from the contractor and/or owner and/or suspend building activity until such breach is remedied. It may do so at any time and without notice and without recourse from the owner and/or contractor and/or subcontractor. Fines may be levied from time to time by the ELDOVIEW HOA for contractors/owners and delivery vehicles that that spill material en-route, damage roadways and kerbs, stain tarmac and generally create a nuisance within the estate.
10.5.6.15 The contractor and/or owner must ensure that his/her workers refrain from buying food or other material through or over the security fences. Further, no workers or contractors will be allowed to display clothing, washing or building material on security and/or other fences.
10.5.6.15 The contractor and owner undertake to comply with the above provisions in addition to any further provisions, which may be promulgated by the ELDOVIEW HOA from time to time in the form of a written notification, and to ensure compliance by any sub-contractor employed by the contractor and by all employees and/or other workers.