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Home Owners' Association - HOA
  1. The HOA is a section 21 company incorporated in terms of Section 21 of the Companies Act No. 61 of 1973. The responsibilities of the HOA are to manage the affairs of the Estate including the landscaping, upkeep of the common areas, administration and any other matters that may be of communal interest to its members.
  2. All property owners are obliged to become members of the HOA and remain members for as long they own property in the estate. Any successors in title will also be obliged to become a member of the HOA. The title deeds to the property will incorporate a condition to this effect.
  3. All home owners are bound by the terms and conditions of the memorandum and articles of association of the HOA and any other rules and regulations that the directors of the HOA may decide to impose in accordance with the provisions of the memorandum and articles of association.
  4. All property owners will pay a levy to the HOA. This levy will not cover the consumption of electricity and water and the rates levied by the uMngeni Municipality. The levies for the year of commencement of the development (2005) have been set at R850 per month. The HOA has the power to revise these levies from time to time.
  5. Levies are only be payable in respect of residential sites to which all services have been provided. The developer will not be liable for levies in respect of any of the undeveloped erven, but will be responsible for paying any shortfall between the total levies collected and payable by the home owners and the cost of maintaining the estate during its development.
  6. The memorandum and articles of association of the HOA provide that during the development period the developer will be entitled to control the majority of the votes in the HOA and will be entitled to nominate the majority of the board of directors of the HOA. The board of the HOA will consist of 7 persons, 1 of which will be elected by the owners of the workers cottages.
  7. The developer or his agent will act as the managing agent for and on behalf of the HOA during the development period, or for a period of 10 years, whichever is the shorter. Once 75% of the properties have been sold the developer will be entitled to hand over the management of the estate to the HOA.
Dogs and cats will not be allowed on the estate except with the express consent of the HOA, the developer and the farmer. This consent will only be given in exceptional circumstances and upon such terms as may be imposed by the HOA, farmer and the developer. With regard to caged birds and other such pets, only those specifically permitted by the developer/HOA and the farmer will be allowed. Small caged birds which remain indoors (such as budgies) will generally be allowed. Larger birds which are likely to cause a nuisance to neighbours will generally not be allowed. In special circumstances, the purchaser may apply to the developer/HOA to have these regulations amended. If any pet causes a nuisance to other residents, then permission to keep the pet on the estate may be withdrawn. The developer/HOA will be entitled to impose any rules which they consider necessary regarding the keeping of pets on the estate.
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