Introduction

Harmonious community living is achieved when residents use and enjoy their private property as well as the common areas of Bendor Ridge in a manner that respects the rights of others and is conducive to a secure neighbourhood.

The prime objective of these Rules and Regulations is to create a safe living environment in Bendor Ridge and to protect and increase the value of each Member’s property.

1. These Company Rules are made in terms of clause 10 of the Memorandum of Incorporation of the Bendor Ridge Home Members Association (NPC) (hereinafter referred to as “the BRHOA”), and:

1.1 The Company Rules shall be binding between the BRHOA, its Members and the Board of Directors as provided for in section 15 of the Companies Act, upon ratification and approval thereof by the Members of the BRHOA by way of an ordinary resolution in a general meeting.

1.2 These rules may be amended from time to time, and amendments will be valid from the date of approval by the Board of Directors of the BRHOA until considered by Members of the BRHOA in a general meeting.

1.3 Even though Bendor Ridge is a private security estate, all relevant legislation remains in force. This includes road traffic legislation, local government legislation and municipal by-laws. This is particularly true in the case of:

1.3.1 National building regulations pertaining to all construction work;

1.3.2 Town planning legislation;

1.3.3 The use of roads;

1.3.4 The keeping of pets and other animals; and

1.3.5 Measures to avoid the disturbance of peace.

1.4 The BRHOA Rules are made in terms of clause 10 of the Memorandum of Incorporation of the BRHOA. All the definitions and terms of interpretation used in the Memorandum of Incorporation of the BRHOA shall apply in the interpretation of these rules. Where there is any conflict between the BRHOA Rules and the Memorandum of Incorporation, the provisions of the Memorandum of Incorporation shall prevail.

1.5 The Members of the properties in Bendor Ridge (“Members”) are responsible for ensuring that members of their families, their tenants, guests, visitors, contractors, agents, employees and any other person gaining access to Bendor Ridge with the consent or upon the authority of the Member abide by these rules, as set out in clause 10.3 of the Memorandum of Incorporation.

1.6 The decision of the Board is final and binding in respect of the interpretation and enforcement of these rules and is subject only to the dispute resolution process set out in rule 12 below.

Streets and Vehicles

All the streets in Bendor Ridge are the responsibility of the BRHOA and may only be used in strict compliance with these rules.

2.1 All roads in Bendor Ridge are subject to the relevant road traffic ordinances or by-laws.

2.2 The speed limit is restricted to 30 km per hour throughout Bendor Ridge. The BRHOA will take the necessary steps to enforce the speed limit.

2.3 Parents are responsible for ensuring that their children are made aware of the dangers relating to the use of streets and must take responsibility for their children’s safety.

2.4 Motorised vehicles, e.g. cars and motorcycles, are permitted to drive on the streets of Bendor Ridge only. Parks and pavements are off-limits. Only licensed drivers may operate and drive licensed vehicles or motorcycles in the streets. No vehicle of any nature that is not licensed to use a public road (such as golf carts and electrically powered scooters), or quad bikes, may be used on the streets of Bendor Ridge. Motorcyclists must wear crash helmets.

2.5 Parking in the streets is prohibited.

2.6 Pedestrians will have the right of way. Motorists are reminded always to approach crossings with caution.

2.7 The use of any motorised vehicle with a modified exhaust system is prohibited.

2.8 No heavy vehicles may, notwithstanding the provisions of any town planning scheme and/or conditions of establishment of the private township, be parked or left on an erf save for the duration of loading or offloading goods.

2.9 Heavy vehicles entering Bendor Ridge at the request or for the benefit of any Member will do so at the risk of the Member. Members will be held liable for any damage caused by any such heavy vehicle to any road in Bendor Ridge.

2.10 No vehicle may be parked on a pavement overnight.

Use of Properties

The properties in Bendor Ridge are all zoned for residential purposes, and the maintenance of a peaceful residential atmosphere is of paramount importance.

3.1 No business of any nature whatsoever may be conducted from a property in Bendor Ridge. This includes overnight accommodation, guest houses and business offices, with the exception of an Owner/Member working from home due to National Disasters. The Board must be notified of such activities, should it be warranted, in writing stating the nature of such activities.

3.2 Residents must always use their properties in such a way that it does not interfere with the rights of enjoyment or privacy of other residents. For this reason:

3.2.1 The volume of music or electronic instruments, partying and the activities of domestic helpers should be kept at a level that does not create a nuisance to neighbours.

3.2.2 Mechanical vehicle maintenance and the use of power tools, lawn mowers and the like should only be undertaken between 07:00 and 17:30 on weekdays, between 08:00 and 16:00 on Saturdays, and not at all on Sundays and public holidays.

3.2.3 Washing lines and other unsightly items must be suitably screened from streets and neighbouring properties.

3.2.4 Sports and hobbies practised from home may not cause any nuisance to others.

3.2.5 No noise or disturbance may be made or caused between 22:00 and 07:00 without the prior approval of the BRHOA as well as the neighbours of the erf in question. The Board must be informed of any party and/or gathering at least 14 days in advance to allow for consideration and possible conditions. Please note: No party or gathering will be considered where there will be more than 60 guests. Although parties may continue after 22:00, no nuisance or disturbance to other Members may be caused, and noise must be reduced to a minimum.

3.2.6 Rule 3.2.5 does not mean that residents may make an unacceptable noise during other hours or behave in any manner that is disturbing or creates an interference to others.

3.2.7 No fireworks of any description may be set off or used anywhere in Bendor Ridge.

3.3 Refuse bags and refuse containers may not be placed on the pavement area (outside the yard), except on the morning of official collection days from 05:00. Drums must not be overflowing.

3.4 Advertisements or publicity material may not be exhibited or distributed unless the prior written consent of the BRHOA has been obtained.

3.5 Members must ensure that domestic workers and other employees do not loiter in Bendor Ridge.

3.6 Members are obliged to allow security personnel, Directors of the BRHOA, or their consultants and/or agents access to their properties in cases of a security threat or breach or other emergency.

Pets

Residents who keep pets must do so with due consideration of the rights of others to enjoy a quiet, safe and peaceful neighbourhood. Where necessary, the local authority by-laws relating to pets will be strictly enforced, with the following domestic rules:

4.1 No dangerous animals, reptiles or birds, or livestock of any kind may be kept in Bendor Ridge as pets or otherwise.

4.2 No creature of whatever nature may be slaughtered in Bendor Ridge.

4.3 No pet that creates a nuisance to any other resident may be kept. If continuous complaints are received about a pet, the Member will be obliged to remove the pet.

4.4 Pets are not permitted to roam the streets, and dogs must be kept on a leash in all areas outside the boundary of the Member’s property at all times.

4.5 Should animal excrement be deposited in a public area, the pet-owning Member shall be responsible for its immediate removal. Pet-owning Members taking their animals for walks are advised to take the necessary equipment with them to remove the offending matter.

4.6 Only two (2) dogs and/or two (2) cats will be allowed per property.

4.7 Stray pets without identification tags will be captured and handed to the SPCA.

4.8 Pet-owning Members must make arrangements to ensure that a caretaker is available to attend to pets that create a nuisance in their absence.

Security

The main reason for people to move into a security complex is the safety it offers. The BRHOA has taken all reasonable and practical measures to ensure the safety of all residents. However, the most important threat to our security is the residents themselves who do not cooperate to uphold security measures. In the interests of all residents, the following security rules will be strictly enforced:

5.1 The security guards have strict orders to follow the rules for your safety. Under no circumstances may residents or their visitors try to persuade them to deviate from the rules or abuse the guards for doing their jobs. This will be regarded as a serious offence.

5.2 All residents must request visitors to adhere to security protocol, and residents are requested always to treat the security personnel in a cooperative manner. Any visitor or contractor who is found to abuse the security staff will be banned from future entrance to Bendor Ridge.

5.3 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 gatehouse.

5.4 All residents must ensure that all visitors and contractors (and their employees) adhere specifically to the security arrangements. Access to Bendor Ridge will be denied to any:

5.4.1 Temporary worker or contractor who refuses to leave their ID books or cards at the security gate; or

5.4.2 Visitors who refuse to sign the access register.

5.5 The security centre at the gatehouse must be advised in advance of the pending arrival of contractors or deliveries and, where possible, the particular details of vehicle registration numbers and the property to be visited must be provided.

5.6 All residents must conscientiously enforce the ID card system for permanent workers. Permanent workers without ID cards will be treated as temporary workers and will have to leave their ID books at the entrance.

5.7 Only Members with levies paid up to date will be allowed access through the automatic access system. Members with levies in arrears will have to use the visitors’ entrance and must sign the register, similar to visitors, each time they wish to enter.

5.8 All attempts at burglary or instances of fence jumping must immediately be reported to a member of the security staff. Do not hesitate to question suspicious persons or persons not displaying formal ID cards. If a resident is not prepared to confront the person, the resident must report their suspicions to a member of the security staff.

5.9 No person may be allowed to sleep over on building sites.

5.10 New occupants (Members/residents) must advise the security guard on duty of their home telephone or cellular phone numbers, stand number and address to enable security to make telephone contact for permission to allow visitors to the residence, and arrange for the capturing of access fingerprints.

5.11 Residents along the perimeter wall:

5.11.1 Are responsible for keeping any vegetation and any other structures clear of the electrified fence;

5.11.2 Must allow contractors of the BRHOA and security personnel access to their properties to perform maintenance and security checks on the perimeter fence;

5.11.3 Must immediately report any breach, attempted breach or breakdown in the perimeter fence to security;

5.11.4 Must not tamper with the electrified fence; and

5.11.5 Must warn any visitors of the dangers pertaining to the electrified fence.

The BRHOA shall be entitled to remove any structure from the vicinity of the electrified fence at the cost of the resident if such structure, in the discretion of the BRHOA, poses a security risk.

5.12 Residents may not issue instructions to security personnel. Report any incident to a Director of the BRHOA or the responsible Area Manager of the security company.

Security is an attitude. You need to enforce and apply security to make it work.

Residents, Visitors, Contractors and Employees

6.1 Members should take note that they are responsible for “…the conduct of any resident or visitor, guest, tenant, contractor employee, agent or any other person gaining access to the complex with the consent or upon the authority of a member…” in terms of the company’s Memorandum of Incorporation.

6.2 Members are cautioned to ensure that all such persons allowed into Bendor Ridge are aware of the rules and adhere to them, as the Member will be held liable for any damage caused.

Letting and Selling

7.1 When a Member wishes to let a property:

7.1.1 The BRHOA must be informed in writing in advance of the proposed rental, date of occupation, the name of the lessee, and the period of such lease. Copies of the identity documents of the proposed tenants must be provided to the BRHOA.

7.1.2 The BRHOA reserves the right to perform security checks on any proposed tenant and to refuse a tenant access to Bendor Ridge should a proposed tenant be deemed undesirable.

7.1.3 It is the duty of a Member to ensure that all tenants occupying the property are informed of the rules that apply. Members must attach a copy of the rules to any lease agreement.

7.1.4 Properties may not be sublet.

7.1.5 The total number of persons occupying a property may under no circumstances exceed two persons per bedroom indicated on the approved municipal plans.

7.2 Only registered estate agents may manage any lease or sale and must comply with the following (if the Member deals with the sale or lease of the property, the following rules also apply to such Member personally):

7.2.1 The viewing of properties may only take place on a “by appointment” basis, and agents must be allowed access on the same basis as visitors or contractors.

7.2.2 Agents will not be granted access if the Member is not at home to allow the agent in or if the Member has not made arrangements (as with contractors) to grant the agent access.

7.2.3 Agents must accompany the prospective lessee or buyer personally.

7.2.4 Agents are not permitted to erect any “for sale”, “show house” or “to let” signage boards without the prior written permission of the BRHOA. The BRHOA reserves the right to remove any unauthorised boards.

7.3 When selling a property, the selling Member must observe the following rules:

7.3.1 The buyer must be informed that they will automatically become a Member of the BRHOA and be subject to the Memorandum of Incorporation of the company and these rules. The deed of sale (or offer to purchase) must include wording that confirms this.

7.3.2 The Member will remain liable for the payment of levies until the date of transfer of the property into the name of the buyer, when the buyer will be liable for the payment of levies.

7.3.3 The Member must obtain a clearance certificate from the BRHOA prior to transfer to confirm that the levies and any other amounts due to the BRHOA have been paid up to date. The Member is advised to inform the transferring attorney of this to prevent any delays in the transfer.

7.4 Members of vacant stands that were transferred after 5 June 2012 must develop the property within two years from the date of transfer, in accordance with the building guidelines.

Streetscape and Gardens

The Members of the BRHOA have resolved to establish and maintain an aesthetically pleasing and well-kept complex. Dilapidated and neglected structures will not be allowed.

8.1 Sidewalks

8.1.1 Every Member is responsible for maintaining the area between the roadside kerb and the boundary of their property (“the sidewalk”) in a clean and aesthetically pleasing condition.

8.1.2 Sidewalks must be planted with grass or paved within six (6) months of the occupation of the property.

8.1.3 Plants on sidewalks should not interfere with pedestrian traffic or obscure the vision of motorists.

8.1.4 Building material may under no circumstances be dumped on the sidewalks or in the streets. The Member will be held liable for all damages and the costs of clearance.

8.1.5 The BRHOA shall assist in the beautification of Bendor Ridge by planting vegetation on sidewalks. Residents are required to maintain such trees and shrubs.

The failure of a Member to comply with these rules may lead to the BRHOA performing these tasks on behalf of and at the cost of the Member, apart from any fine that may be levied.

8.2 With regard to gardens and driveways forming part of the streetscape, Members are obliged to:

8.2.1 Pave the driveway into their stand within six (6) months from the date upon which the property is occupied and keep this driveway in a neat and tidy condition, free of weeds.

8.2.2 Refrain from using concrete to surface driveways and not change or damage the existing kerbs or any part of the road.

8.2.3 Keep the garden of the property neat and tidy, especially the part that can be seen from the road or is visible to neighbours.

8.2.4 Garden fences and/or walls and outbuildings forming part of the streetscape should be regularly maintained and painted where necessary.

8.2.5 No unsightly Wendy houses or tool sheds may be erected. If the Member fails to comply, the BRHOA may remove such structures at the cost of the Member. Any structures must be erected in accordance with the building rules.

8.2.6 Equipment, tools, engine and vehicle parts, building material and equipment, as well as accommodation for pets, must be located out of view and screened from neighbouring properties.

8.2.7 Vacant stands and the gardens of unoccupied houses must be kept clean and tidy.

8.2.8 Residents must ensure that declared noxious flora are not planted or allowed to grow in their gardens.

8.2.9 Steel-frame refuse, rubble or disposal-bag devices may not be placed in view of the street.

8.2.10 Household refuse must be collected in proper refuse disposal bags only and may only be placed on the sidewalks on the day that refuse removal takes place, and then not before 06:30 on the day. It should be noted that no garden refuse will be collected by the city council.

Should a Member fail to comply with the above, the BRHOA may take remedial action at the cost of the Member, apart from imposing a fine.

8.3 The BRHOA and its Members are responsible for the maintenance of the roads in Bendor Ridge. This is very costly, and all Members and residents must cooperate to protect the roads from damage to reduce maintenance costs.

8.3.1 All residents are required to keep the road surfaces clean of any rubble or matter that could in any way damage the road surface. The street adjacent to every resident’s property must be kept clean and clear of grass, sand, stone and weeds.

8.3.2 Excess water can damage the road surface, and all residents must take care to prevent water from flowing onto the road surface.

8.3.3 Swimming pool effluent may not be discharged into the streets and must be drained onto the Member’s property.

Contractors

Residents often require contractors to perform work at their properties. Such contractors are the responsibility of residents, and Members are liable for the actions of contractors who are allowed access to Bendor Ridge with their consent or that of their tenants. The following rules apply:

9.1 While contractors must be given every opportunity to complete their tasks without interference, they must at all times respect the rights of residents, the nature of Bendor Ridge as a security complex, and obey the rules.

9.2 Contractor activity is limited to the following hours:

07:00–17:30 on normal weekdays.

08:00–13:00 on Saturdays.

No contractor activity is permitted on Sundays and public holidays.

9.3 Contractor personnel are not permitted to remain on site between the hours of 17:30 and 07:00. No person may be allowed to sleep over on building sites.

9.4 All the contractor’s employees must enter Bendor Ridge in an approved vehicle with a temporary access token, or alternatively obtain a casual employee ID card at the security gate by lodging a valid ID document, which will be handed back on the return of the ID card.

9.5 The resident must provide toilet facilities and facilities for rubbish disposal to the contractor and their employees and ensure that they use the facilities provided. The security guards’ toilet may not be used by contractors. Rubbish and/or rubble shall be removed and may not be burnt or disposed of in Bendor Ridge.

9.6 The contract site is to be kept clean and properly screened. If the contractor fails to keep the site clean and tidy, such a contractor may be prohibited from entering Bendor Ridge until such time as the site is properly cleaned.

9.7 Materials offloaded by suppliers that encroach onto the sidewalk or roadway must be moved onto the site by the contractor or resident.

9.8 Building material and/or rubble may not be allowed to remain in the road or on the sidewalk, and it is the contractor’s and resident’s responsibility to clear these areas of all such materials and/or rubble. The same applies to sand or rubble washed or moved onto the road during building operations.

9.9 The Member shall be responsible for any damage to roads, kerbs, manholes and/or plants on the sidewalks and/or damage to any private Bendor Ridge property or infrastructure caused by the contractor, their employees or any supplier delivering material.

9.10 Should any contractor or any of their employees act contrary to the rules or commit any serious transgression hereof, the BRHOA will be entitled to:

9.10.1 Prevent that contractor from entering Bendor Ridge;

9.10.2 Suspend all building activity at the particular property; or

9.10.3 Take such other action as it may deem necessary to protect the rights of other residents,

until such conduct is rectified, without notice and free of recourse by the resident, Members and/or contractor.

9.11 The BRHOA shall be entitled to take any remedial action, recover damages and levy fines against Members to enforce these rules or address any contravention thereof.

9.12 No rubble or refuse may be dumped or discarded in any public area, including the park, streets or sidewalks, and may especially not be thrown over the fence or boundary wall.

Park and Open Space

The park and other open spaces in Bendor Ridge (“the park”) are for the use and enjoyment of all residents and their guests. Residents and their guests are urged to leave any open space they visit in a cleaner condition than that in which it was found.

10.1 Residents must remove any litter encountered or brought onto the park.

10.2 Plants must not be damaged or removed from the park.

10.3 Residents’ use of the park and any amenities installed there is entirely at their own risk at all times. The BRHOA will not be liable for any damages, injury or death of whatsoever nature from whatsoever cause arising.

10.4 No liquor will be allowed in the park except with the prior written consent of the BRHOA or at events organised by the BRHOA.

10.5 No fires may be lit or braais held except with the prior written consent of the BRHOA or at events organised by the BRHOA.

Administration and Levies

The affairs of the BRHOA are administered by the Board of Directors of the BRHOA on behalf of the Members and in terms of the budget approved by Members annually.

11.1 The Board of Directors shall prepare an annual budget of the expected expenses of the BRHOA for the coming year and present it to Members at the Annual General Meeting for approval. Upon approval of the budget by Members:

11.1.1 The budget shall be deemed to be the mandate of the Board of Directors of the BRHOA for the next year to manage the affairs of the BRHOA;

11.1.2 The annual levies payable by Members shall be calculated in accordance with the budget;

11.1.3 Members who fail to pay their levies shall be in breach of their obligations in terms of the BRHOA Memorandum of Incorporation and these rules and shall not, apart from any other sanctions, be entitled to any benefits enjoyed by Members or to vote as a Member at any meeting of Members.

11.2 Levies payable by Members are payable annually in advance. Members may make arrangements with the BRHOA to pay the annual levies on a bi-annual, quarterly or monthly basis. Any such arrangements must be confirmed in writing in accordance with the process of the BRHOA.

11.3 Where arrangements have been made to pay levies on a monthly basis, all monthly levies are due and payable in advance on or before the first day of each and every month by debit order.

11.4 Where a Member is in arrears with the payment of levies, the BRHOA shall be entitled to:

11.4.1 Levy interest on all arrear payments at a rate equal to the rate of interest prescribed from time to time in terms of section 1(2) of the Prescribed Rate of Interest Act, 1975 (Act No. 55 of 1975);

11.4.2 Recover any administrative fees payable in respect of arrear accounts in an amount as determined from time to time by the BRHOA;

11.4.3 Institute legal process against the Members in arrears in any competent court to claim the full annual amount of levies outstanding, with interest, and recover any legal costs expended by the BRHOA on a scale as between attorney and client.

11.5 As soon as a Member’s levies fall into arrears, the full amount of the balance of that Member’s levies payable for that particular year shall immediately become due and payable, without further notice.

11.6 Where any special levy has been approved by Members as part of the annual budget, such special levy shall be paid in one amount within the time period determined with the approval thereof.

11.7 The Board of Directors of the BRHOA shall be authorised to impose and collect fines on behalf of the BRHOA to enforce these rules or as a sanction for the transgression thereof.

11.7.1 All fines imposed upon any Member in terms of the rules will be deemed to be a debt due by the Member to the BRHOA and will be recoverable in the same manner as levies.

11.7.2 Any Member who is aggrieved by any fine or other sanction imposed or remedial action taken by the BRHOA shall be entitled to declare a dispute in respect thereof in terms of the dispute resolution process set out in clause 12 below.

11.8 The BRHOA may amend or add to these rules from time to time as may be deemed necessary to ensure harmonious coexistence of residents.

11.9 To enable the Directors of the BRHOA to administer the affairs of the BRHOA effectively and professionally, the BRHOA will be entitled to appoint such staff or managing agents as they may deem expedient, provided only that the costs of such staff or agents must form part of the approved annual budget.

11.10 The Directors shall not be liable for any damages of whatever nature as a result of any action, omission or resolution by them in the bona fide performance of their duties.

Dispute Resolution

12.1 As provided for in clause 10.2 of the MOI, the BRHOA is authorised to enforce the Company Rules and, for the enforcement thereof, may:

12.1.1 Take or cause to be taken such steps as the BRHOA may consider necessary or expedient in the interests of the company and all the Members as a group to remedy any breach of the Company Rules of which a Member may be guilty;

12.1.2 Recover the cost of any remedial action taken by the BRHOA as a result of the breach of the Company Rules by a Member from such Member in breach, which amount shall be deemed to be a debt owing by the Member concerned to the company;

12.1.3 Suspend or terminate any Member’s rights or benefits as a Member of the company, including such Member’s access to or use of the company property;

12.3.4 Gain access to a residential property and then and there perform such actions and take such steps as the BRHOA in its discretion may deem necessary in the interests of the company and its Members, at any time when it is regarded by the BRHOA in its discretion to be in the interest of the company, its Members, for security purposes or in the event of an emergency. The BRHOA shall be entitled and authorised to enter upon any residential property in terms hereof:

12.3.4.1 In person, as individual Members; or

12.3.4.2 Represented by a consultant, contractor, employee or agent.

12.3.5 Levy any fine or penalty upon any Member for the breach of any Company Rules or for any conduct by any Member or resident that may be, in the discretion of the BRHOA, contrary to the interests and objects of the company;

12.3.6 Issue any practical rules of conduct by the residents of Bendor Ridge of a temporary nature to regulate or deal with an occurrence, eventuality or event not regulated by or foreseen in the Company Rules.

12.4 Any fine or penalty imposed upon any Member in terms of the Company Rules or any amount due in terms thereof will be deemed to be a debt due by the Member to the BRHOA and will be recoverable by the BRHOA.

12.5 Whenever the BRHOA considers imposing a sanction upon a Member for the breach of the Company Rules, such sanction shall be determined by a resolution taken at a meeting of the BRHOA where at least three Directors are present.

12.6 Whenever a Member is dissatisfied with a sanction imposed by the BRHOA in terms of paragraph 12.5 and informs the BRHOA in writing of their dissatisfaction, the implementation of the sanction shall (except when the sanction includes, in the discretion of the BRHOA, urgent remedial action) be suspended to enable the Member to meet with the BRHOA and present their defence for consideration by the BRHOA.

12.7 Where urgent remedial action is required in the discretion of the BRHOA, the BRHOA may enforce the sanction, and the hearing of the Member’s case will follow and will include the consequences of the implementation of the remedial action.

12.8 Such meeting shall take place by invitation of the BRHOA to the Member on at least seven (7) days’ written notice to attend a meeting of the BRHOA to determine:

12.8.1 Whether any rule has been breached;

12.8.2 If a rule has, in the discretion of the BRHOA, been breached, the sanction imposed by the Board of Directors of the BRHOA;

12.8.3 Where applicable, the determination of any amount payable as compensation for any damages caused by the breach.

The aggrieved Member shall be entitled to speak at such meeting and to be represented by an attorney or an advocate, but shall not be entitled to be present at the deliberations or the voting of the BRHOA concerning the matter, except to such extent as the Chairperson may allow it.

12.9 Should a Member fail to attend a meeting envisaged in paragraph 12.8, the BRHOA will be entitled to proceed with the determination in the absence of the Member.

12.10 Any Member aggrieved by a decision of the BRHOA in terms of paragraph 12.8 above will be entitled to have the decision reviewed by an arbitrator by making use of the procedure set out in paragraph 12.12 below.

12.11 The BRHOA shall at all times be entitled to obtain a court order or other relief from any competent court to enforce any of the rules.

12.12 Any Member shall be entitled, after following the process set out in paragraph 12.8 above, to refer any dispute pertaining to any sanction imposed by the BRHOA or any resolution by the BRHOA affecting such Member to the process of arbitration set out below.

12.12.1 The aggrieved Member must give the BRHOA notice, in writing, of the circumstances and the fact that they regard it as a dispute to be resolved in terms of this clause.

12.12.2 The Member concerned and the BRHOA (hereinafter, “the parties”) shall by agreement appoint a suitable person to act as arbitrator. In default of such consensual appointment within three (3) days of the need for the appointment of an arbitrator, either party may, and the party declaring the dispute shall, request the President for the time being of the Law Society of the Northern Provinces to appoint an arbitrator who shall be:

12.12.2.1 If the dispute is primarily of a legal nature, an attorney or advocate with no less than ten (10) years’ experience;

12.12.2.2 If the dispute is primarily of a financial nature, a Chartered Accountant with no less than ten (10) years’ experience;

12.12.2.3 If the dispute is of a general nature or if the nature of the dispute is not immediately definable, an attorney or advocate with no less than ten (10) years’ experience, or any suitable person with suitable experience.

12.12.3 The arbitrator shall arbitrate the dispute in their discretion, taking the following guidelines agreed to by the parties into account:

12.12.3.1 The arbitrator shall follow the provisions of the Arbitration Act (No. 42 of 1965) as a guideline and shall entertain representations by the parties personally, with or without legal representation, as the arbitrator may decide.

12.12.3.2 The arbitrator shall also have the right, should they deem it appropriate, to appoint an expert or another person with applicable, to act as their assessor in determining the dispute by arbitration.

12.12.4 The arbitrator shall also, as part of their ruling, determine which party shall be responsible for the costs of the arbitration and make an award for the payment of costs according to a scale of any court.

12.12.5 In the event that any legal principles need to be considered, the law governing the Republic of South Africa shall apply.

12.12.6 The provisions of this clause shall not affect the rights of the parties to approach any court with competent jurisdiction for any urgent legal remedy following any problem that may arise as a result of this agreement which is not a dispute referred to for resolution in terms of this clause, whatsoever.

Building Guidelines and Aesthetics

A Member:

13.1 Shall, in the event of using galvanised iron or steel to construct any exterior doors, roof gutters, gates or carports, keep such galvanised iron and steel properly painted at all times;

13.2 Shall, in the event of using prefabricated panels or wire to fence the property, not allow such prefabricated panels and/or wire fencing to be visible from any street adjoining the property, unit or portion of the property, and no fence shall be erected before building plans for the erection of a dwelling house and outbuildings have not been approved and construction has not in fact begun;

13.3 Shall enclose washing lines and structures therefor, as well as any other unsightly structure such as kennels for dogs, in the courtyard or have them placed in such a fashion that they are not visible from any street adjoining the property, unit or portion of the property, and allow washing to be hung only on the abovementioned washing lines and structures therefor;

13.4 Shall plant grass, pave or landscape all sidewalks adjacent to the property, unit or portion of the property within six months after taking occupation of the dwelling and outbuilding and properly maintain the same.

13.5 Shall pave any vehicle entrance from any street to the property, unit or portion of the property within six months after the house and/or outbuildings have been occupied.

13.6 Shall, notwithstanding the provisions of the Town Planning Scheme and/or conditions of establishment of the township, not park or leave any heavy vehicle on the property, unit or portion of the property or any sidewalk save for the duration of loading or offloading goods.

13.7 Shall never allow more than 8 (eight) permanent residents on the property, unit or portion of the property.

13.8 Shall ensure, to the satisfaction of the association, that all improvements on the property, unit or portion of the property are in good repair at all times and that all structures and/or building work are completed within a period of 12 months after the commencement of such building work.

13.9 Shall ensure that a dwelling house is erected with an under-roof area of not less than 180 square metres, inclusive of garages and/or outbuildings. However, this condition shall not apply to erf 3454, 3455 and 3456, Bendor Extension 62.

13.10 No rezoning, densification, concessions and/or subdivision in terms of the Town Planning Scheme of properties within Bendor Ridge shall be allowed.

13.11 The Owner shall be responsible for the erection of a “shade net fence” around the construction