GOOSE VALLEY BODY CORPORATE RULES
These rules have been introduced by the board of Directors. These rules are essential. They set the tone in a scheme and define its character. They are designed to ensure that Residents co-exist harmoniously by knowing what to expect of their neighbours.
ESTATE RULES AND REGULATIONS
Introduction
- Harmonious community living is achieved when residents use and enjoy their private property and that of the estate, as well as the public areas of the Estate. General consideration of all residents by and for each other will assist greatly in assuring harmonious relations on the Estate.
- The prime objective of these Rules and Regulations is to preserve and enhance the security, aesthetics and environment.
- The Rules have been established in accordance with the Memorandum and Articles of Association of Goose Valley Home Owner’s Association (hereinafter referred to as GVHOA, a company incorporated in terms of Section 21 of the Companies Act 61 of 1973). These Rules are binding upon all occupants of the Estate, as is any decision taken by the Directors in interpreting these Rules.
- The registered owners of the properties at Goose Valley are responsible for ensuring that members of their families, their tenants, visitors, friends and employees abide by these Rules.
- These Rules are subject to change from time to time at the discretion of the Directors.
- The decision of the Directors is final and binding in respect of the interpretation of the Rules.
ESTATE RULES
- Rules of the Roadways and Pathways
The roadways and pathways of Goose Valley are for the use of all residents.
All roadways on the Estate are subject to the relevant road traffic ordinances or by-laws. The speed limit is restricted to 30 KM per hour through the estate.
- Parking is only permitted in the demarcated individual shaded parking bay allocated to each unit and open bays for visitors where applicable in and around some of the unit blocks that have visitors parking available. All other extra
vehicles are to be parked at the tennis courts or at the club house. No parking on grassed areas or roadways without the prior consent of Management.
- Offenders will be issued with a warning. Failure to comply will result in the vehicle being clamped. Release fee payable which will be decided by the Directors.
- Boats, trailers and caravans are to be parked in demarcated areas only. Vehicles contravening this rule will be towed to demarcated areas by Management. Management will not be held responsible for any damage caused in this process.
- No vehicle in excess of 5 tons may enter the estate grounds without prior consent of Management. A refundable deposit of R500.00 is payable prior to entry, to cover any possible damage that may occur.
- Parking around clubhouse in demarcated areas only. No parking in areas demarcated with yellow lines. Under no circumstances are bicycles to be placed at the front entrance or any other part of the clubhouse building.
- Motorized vehicles, scooters, scramblers, quads, golf carts, etc. may only be driven within the estate grounds by persons with a valid driver’s license. Please be aware of children and animals when driving on our roads. Roads are very narrow, so please drive carefully and not over our gardens.
- The golf cart paths are solely for use of golf carts of playing participants. No bicycles, skate boards, scooters, quad bikes etc. may be used on golf cart paths.
- The cart path past the 11th tee and green may only be used for pedestrian access to the Estuary when the course is not busy. The board walk from the pool area should preferably be used. Pedestrians must respect the rights of players, and those using the cart path do so entirely at their own risk and should proceed quickly and quietly. The Goose Valley HOA will not be held responsible for any injuries from golf balls, snake bites and/or any other causes whatsoever.
- The speed limit is restricted to 30km per hour throughout the Estate.
- Except for the above, the local Road Traffic Ordinance regarding road and street usage will apply.
- Parents are responsible for ensuring that their children are made aware of the dangers relating to the use of roads and must take responsibility for their children’s safety.
- Engine-powered vehicles, e.g. cars and motorcycles, are permitted to drive only on the roads of the Estate. Parks and pavements are off-limits. Only licensed drivers may operate and drive engine-powered vehicles in the roads or anywhere else on the Estate.
- The use of motorcycles or other vehicles with noisy exhaust systems is prohibited
- Advertisements or publicity material may not be exhibited or distributed unless the consent of the GVHOA has been obtained.
- In the event of annoyances or complaints, the parties involved should attempt, as far as possible, to settle the matter between themselves, exercising due tolerance, reasonableness and consideration. Where a dispute cannot be resolved and in particular a dispute between neighbours, the procedure shall be the following:
- Written submissions will be made by the parties involved in the dispute, to the Directors.
- The Directors may, at their sole discretion, decide as to whether the Directors will arbitrate in the matter or not;
- In the event that the Directors are of the view that they are not prepared to arbitrate in the matter, the Directors may either:-
- Inform the parties involved that the Directors are not prepared to arbitrate in the matter and the parties will have to resolve the dispute themselves either by legal action and/or arbitration.
- The Directors may refer the matter to an independent arbitrator, at the Directors discretion, in which event the arbitrator’s fees shall be paid in advance in equal shares by the parties to the dispute;
- In this regard, the arbitrator’s decision shall be final and binding and the arbitrator shall be entitled to make an award as regards legal costs.
- No party and/or resident shall have any claim of whatsoever nature for damages against the GVHOA as a result of a decision taken by the GVHOA regarding the interpretation of these rules.
- General Rules:
- No trees plants or sidewalk lawn may be damaged, removed or planted without the permission of the GVHOA.
- Do not interfere with irrigation systems – please report any malfunctioning. Anyone found damaging or breaking sprinklers or valves will be responsible for repairs. The cost thereof will be levied to the unit owner.
- All fynbos areas are strictly out of bounds.
- No additions to the gardens are permitted without the prior consent of Management. Only indigenous varieties of trees, shrubs or plants are allowed. Management reserves the right to remove any plants or trees that it deems to be in contravention of the Estate Policy.
- Wildlife must be protected at all times.
- All building plans should be in accordance with the Aesthetic Rules applicable to the Estate, and must be approved by the Aesthetic sub-committee. These requirements are also applicable to any additions and alterations to existing structures and dwellings.
- Under no circumstances are any alterations or additions allowed to be made to common property, or the interior or the exterior of any unit, without the prior written consent of the GVHOA.
- The position and size of TV antennae and satellite dishes must not be unsightly and must conform to the standard guidelines of the General Manager.
DSTV SATELLITE TELEVISION
The owner will only be responsibility for the costs of the cable from the multi-switch to the decoder in the unit, provided that when a member has a fault and has to call in a technician, the Body Corporate will only be responsible for the cost of the replacement of the faulty equipment, namely the Multi-switch, Dish and LNB.
It is in the interest of the homeowners that we have control of what is being done by contractors (technicians) to the TV equipment. No contractor (technician) may work on the TV installations without one of our Employees in attendance, otherwise the Homeowners Association will not be responsible for any costs.
Bearing in mind that no contractors (technicians) may work on a Saturday, Sunday or outside working hours, it is essential that your agents check the TV before you and your tenants’ arrival otherwise they might not have TV over the weekend.
Owners are requested to advise their agents of the procedure to be followed.
- Lean-tos and temporary carports are not permitted.
- Only standard pots are allowed on terraces or any other part of common property. Specifications are available from reception. Small plastic pots are not allowed on any of the exterior areas.
- All curtains of colour must be lined with an off-white lining.
- Blinds: The following types and colours have been approved.
- Types of blinds: Conventional Venetian, the Woven wooden, the Bamboo or of the Vertical variety. Approved colours: white, or in the following shades of off-white (Alabaster or Magnolia) or in the following browns (Natural, Teak, Redwood, Alum-Oak or English Oak) in colour as required under section 97.3 of the Articles of Association
- Terraces and entrances to units to be kept neat and tidy, void of fishing rods, buckets, mops etc. All braais and terrace furniture to be stored neatly on terrace when not in use. Strictly no washing is to be hung on any part of the buildings or over any balustrade. Washing can only be placed on a clotheshorse on patios, not on common ground.
- Braais. OWNERS/TENANTS. Reasonable and common sense must prevail when lighting a braai. Consider your neighbours when excessive smoke is created.
- Under no circumstances may fire hoses be used for any activity other than putting out fires.
- R20 rental levy per day will be charged against each unit that is occupied by any party that is not the owner or immediate family. This levy must be paid to the Goose Valley HOA office (reception).
- Holiday accommodation; 2 Bedroom units – max 6 persons that is 4 x adults plus two children under 12 years and 3 Bedroom units – max 8 person that is 6 x adults and 2 x children under the age of 12 years..
- Long term tenants; 2 Bedroom units – max 4 persons, 3 Bedroom units – max 6 persons.
- Noise must be kept to a minimum between 23h00 and 08h00.
- No demolition, hammering, drilling, sawing or use of power tools or other disturbing noise may be undertaken during peak holiday season (5th December to 1st February) and all public holidays.
- During the year excessive noise levels resulting from building alterations or any construction process involved in the interior of the unit, only permitted between 09h00 and 17h00 from Monday to Friday.
- Occupants and tenants must, at all times, supervise their children and are fully responsible for any damage to property, gardens, golf course etc.
- The feeding of all wild birds is prohibited (e.g. Pigeons, Seagulls & Guinea fowl).
- Strictly under no circumstances are pets of any kind allowed onto the estate grounds.
- No games or bicycles allowed on the golf course. Casual walking on the golf course is permitted outside normal golfing hours.
- No practicing or chipping of golf balls on any grassed areas around the units and Golf course is strictly prohibited and equipment and toys will be confiscated.
- Children under the age of 12 must be under adult supervision in and around the swimming pool and Trampoline area. Use of the swimming pool is entirely at own risk.
- No glass bottles are allowed in the swimming pool enclosure.
- For security reasons all owners/tenants are required to provide management with written confirmation of all household contents, which are moved from the Estate. Boats and trailers coming in and out of the estate must be in possession of a certificate pertaining to “Proof of Ownership”. These forms can be obtained from security or the office when entering the estate.
- The security office will stop you and request to see the certificate. If you are not in possession of such, they may not let you out. This is for the protection of all owners so that theft of boats and trailers can be prevented.
- Any faults or defects in the interior of the unit must be reported to the owner/agent and not to Management. Management will only handle common property related defects.
- A Unit Owner shall not do anything to his section or exclusive use area which is likely to prejudice the harmonious appearance of the building. This is the famous “Harmonious Appearance Rule”.
- Each Unit Owner shall maintain the hot water installation which serves his section.
- Should a Unit Owner fail to carry out essential maintenance to his section or exclusive use area, the Directors are allowed to arrange for the work to be done and to recover the costs from the Owner.
- Fax and photocopying service is available at reception at a fee to be confirmed.
- Reception hours: Mon to Fri 08h00 to 13h00 and 14h00 to 16h30, Saturday 08h30 to 12h00
- Please note that reception does not arrange for cleaners and is not a drop-off/collection point for keys, parcels or laundry. Please contact your letting agent for these services.
- Owners are responsible for advising their tenants/agents of these rules. They are requested to issue their guests with a letter of confirmation [owner and/or letting agent] that they have authorisation to visit the estate and occupy the unit.
- Slaughtering of animals for religious and cultural purposes ONLY, shall be permitted within the confines of a section (and not under any circumstances on common property) subject to the following conditions:
- At least two weeks written notice of the intended religious or cultural event requiring such ritual slaughter shall be given to the Trustees, specifying: the date and time of the proposed slaughter; the type of animal to be slaughtered; the name and qualifications of the person who will be carrying out the slaughter; confirmation that the animal will be brought on to the premises immediately prior to the ritual slaughter and that the carcass, and all remains of the animal, will be removed immediately from the premises after the act of ritual slaughter;
- A notice from the local authority shall accompany the above notice confirming that all by-laws with regard to the ritual slaughter have been/will be complied with;
- A notice from the health department shall accompany the above notice confirming that health department specifications with regard to the ritual slaughter have been complied with/ will be complied with;
- A certificate from the Society for the Prevention of Cruelty to Animals (SPCA) shall accompany the above notice, confirming that an official from the SPCA will be present at the proposed event to ensure that the animal to be slaughtered will not endure unnecessary pain and suffering during such slaughter;
- A notice shall be given to all adjacent units of the date and time of the proposed slaughter;
- The GVHO Directors and GM reserve the right to have the final say with regards to permission being granted or not, and this will be FINAL, without any further negotiation taking place, both verbally or in writing.
The swimming pool
The use of the swimming pool and enclosure shall be at the sole risk of each of the owners, occupiers or lessees, their visitors and family members.
- Children may use the pool with the consent of and at the risk of their parents or of the adult responsible for them, and the Body Corporate accepts no responsibility for them. Children under the age of 10 (ten) years may only user the swimming pool under the supervision of an adult who accepts responsibility for them.
- All persons using the pool are expected to refrain from any form of objectionable behaviour, rowdy-ism, use of bad language and they shall not deface any part of the premises in any way, including spitting
- or throwing into the pool any objects likely to be harmful to other bathers.
- No person is allowed to enter the enclosure and/or swim in the pool between 21h00 and 06h30. Any noise at the swimming pool and enclosure must be contained.
- None of the following items is allowed in the swimming pool or within the swimming pool enclosure, without the consent of Trustees:-
- radio, tape recorders, compact disc players, and other appliances emitting sound, including musical instruments;
- bicycles, skateboards, or similar items posing a threat & disturbance
- No person suffering an open wound is allowed in the swimming pool.
- Pool user must wear suitable swimming attire and are not permitted to swim in their clothes.
- None of the following activities are allowed in the swimming pool or within the swimming pool enclosure:
- running around the edge of the pool
- Pushing or jumping on others in the water
- Swimming while under the influence of alcohol
- Holding glass objects while in the water.
- Litter and refuse must be deposited in the containers reserved for this purpose.
- The Body Corporate will not accept any responsibility of liability for money, clothing or any other article that may be alleged to have been stolen or lost from the swimming pool enclosure.
- Upon the breach of, or non-compliance with these rules, the owner of the relevant section may become liable for a fine imposed in terms of Clause 46.1 of the Articles of Association. As an alternative, or in addition to the imposition of a fine, the Trustees may impose a period of suspension of usage of the swimming pool and enclosure for any such owner or occupier and/or their visitors.
- Environmental Managements
- No rubble or refuse should be dumped or discarded in any public area, including the roads / streets, sidewalks or any vacant bush and or area within the estate.
- Additional garbage must be put in a black refuse bag to facilitate removal.
Residents and their guests are urged to leave any open space they visit in a clean condition, and to develop the habit of picking up and disposing of any litter.
- Flora may not be damaged or removed from any public area.
- The resident’s use of any open space areas and streets is entirely at their own risk at all times. The GVHOA will entertain no claims for damages of whatsoever nature arising from whatsoever cause.
- Security
- The security guards are doing a difficult job. They may not under any circumstances be abused.
- Security protocol at the gate must be adhered to at all times. Under no circumstances may residents or any person other than the security personnel or Directors be allowed into the Gate House.
- The ID card system for permanent workers, temporary workers and contractor representatives must be conscientiously enforced by every owner with respect to people in his/her employ.
- All owners must request visitors to adhere to security protocol and residents are requested to always treat the security personnel in a co-operative manner.
- All owners must ensure that contractors in their employ, adhere specifically to the security stipulations of the contractor’s Code of Conduct.
- All attempts at burglary or instances of fence jumping must immediately be reported to a member of the security staff and/or Security sub-committee.
- Security is an attitude and it is the concern of each and everyone of us to practice not taking everything for granted – be aware of all things, all the time. Be aware that you need to enforce and apply security to make it work. Do not hesitate to question suspicious persons not displaying formal ID cards.
- The Estate is manned by security 24 hours a day & patrolled on a random basis.
- Residents on the perimeter fence must advise any visitors of the dangers pertaining to the electrified fencing.
- No residents may issue instructions to Security Personnel.
- Access tags may not be utilized by anyone other than the Home Owner and registered user, nor may they be loaned to other persons.
- Tenants, Visitors, contractors and employees
- Occupants of any property on the Estate are liable for the conduct of their visitors, contractors, employees, & must ensure that they abide by House Rules.
- All owners must ensure that contractors in their employ have signed the Contractor’s Code of Conduct prior to commencement of work, and that they adhere to the stipulations of the contract at all times.
- Letting and reselling property
- The accredited agent and the owner must ensure that the buyer and/or tenant is informed of and receives a copy of these House Rules. These rules must be an annexure to any deed of sale or lease agreement.
- A clearance certificate must be obtained from the HOA at a cost prior to any transfer of the property.
- No property may be let or utilized for the purposes of a commune.
- No “ For Sale “ advertisements or agents boards are to be placed anywhere on the estate and/or on windows of units or blocks.
H. Fireworks and Firearm use
- No fireworks may be set off within the boundaries of the estate.
- As the discharge of fireworks has been prohibited by Municipal by-law, criminal charges will be brought against any perpetrator.
- Discharging a firearm in a residential area has been outlawed and is, therefore, prohibited within the Estate. Criminal charges will be instituted in all cases of unlawful firearm discharges.
- Discharge of a firearm for recreational purposes, or reasons other than self-defence and emergencies, will be met with criminal charges.
I. Fines
- The Directors have the right to introduce and enforce payment of fines against transgressors of any of the Management Regulations.
- All directions not adhered to, whether indicated as carrying a fine or not, will be subject to a fine as determined by the general meeting. Persistent transgression of regulations and regulations may result in legal action being taken by the Directors to interdict an owner to refrain from further transgressions or to seek alternative legal relief.
- Where any of the Management Regulations have been broken and a fine levied, such fine will form part of the next monthly levy due and will be due and payable on the due dates of the payment of the levy.
J. Notices, Decisions and Appeals
- In the event of appeals or contesting of the facts relating to any fine imposed or decision made by the Estate Manager, written representation must be addressed to the Directors which appeal or defence will be dealt with at the first Directors’ meeting subsequent to receiving such written representation.
- The decision of the Directors is final and no further appeal is allowed thereafter.
K. Tennis & Squash Courts
- Tennis shoes must be worn on the tennis court. No boots, slops, roller blades etc. No other sport than tennis is to be played on the court
- Climbing of tennis court fence is not allowed.
- Maximum period of play on tennis court – 45 minutes.
- NO Black Soled shoes allowed on the squash court
- Children under the age of 14 to be supervised by an adult in squash court.
L. Golf Course
Please note that a Marshal patrols our course and may at any stage approach players and tenants should they be contravening any of the following rules.
- Players must report to the Pro Shop prior to commencing play. All players to familiarize themselves with local rules on the scorecard.
- An adult must supervise children under the age of 15, unless the child has an official handicap.
- Home owner membership’s queries must please be done through the main office. Office hours Mon – Fri (08h00 to 16h30) Sat (08h30 to 12h00)
- All fynbos areas are strictly out of bounds for non-playing persons. Under no circumstances will searching for golf balls in the fynbos be permitted. This forms part of our conservation program.
- Purchasing of golf balls from anyone other than the Pro Shop is strictly forbidden.
- Only standard golf attire is permitted on the course. No jeans, baggies, T-shirts, slops etc.
- Golf carts may only be driven by persons with a valid driver’s license. Under no circumstances are carts to be driven by children.
- Repair pitch marks on greens and rake bunkers.
- No sharing of clubs. One set per player. Please speed up play.
- Sand bags are compulsory.
- Place all rubbish in bins provided at every tee.
- Beware of snakes.
- Take careful note of hazards and out of bounds markers, especially around the units.
- Only soft spikes are permitted on the golf course. Trainers may also be worn.
- No pitching onto the greens from the units.
- Owners who fail to adhere to the above can have their golf club membership suspended and be issued with a fine.
- A tenant or visitor failing to adhere to the rules will be asked to leave Goose Valley immediately. Golfers who are not members of Goose Valley Golf Club will also be reported to their home club for disciplinary action.
- Owners who let units must please ensure that this information is passed on to tenants and letting agents. An owner is responsible for the conduct of any tenant and will be held responsible with regard to tenants who fail to comply with any rules of the club and or the HOA.
WARNING
Disregard and continuous breach of these rules will invoke clause 46.1 of the Articles of Association. A fine of up to R1 000 will be enforced. This will be a debt due by the member of the Association and will be recovered by the ordinary levy process.
Should anyone have any queries regarding these rules, please feel free to discuss them with Management.
BY ORDER OF THE DIRECTORS OF THE GOOSE VALLEY HOMEOWNERS ASSOCIATION.