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Dainfern Homeowners Association NPC
Dainfern Country Club and Dainfern Golf
Club
REGULATIONS
approved by the members at a Special General meeting held
on 15 March 2018
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Contents
1. Definitions ................................................. Error! Bookmark not defined.
2. Club Name ................................................ Error! Bookmark not defined.
3. Financial year end ...................................... Error! Bookmark not defined.
4. Preliminary ............................................... Error! Bookmark not defined.
5. Objects of the Club. ................................... Error! Bookmark not defined.
6. Powers of the Club. .................................... Error! Bookmark not defined.
7. Membership .............................................. Error! Bookmark not defined.
8. CLASSES OF MEMBERSHIP .......................... Error! Bookmark not defined.
9. PRIVILEGES OF MEMBERSHIP ..................... Error! Bookmark not defined.
10. APPLICATION FOR MEMBERSHIP AS AN ASSOCIATE MEMBER .............. Error!
Bookmark not defined.
11. GUESTS .................................................... Error! Bookmark not defined.
12. CLUB RULES ............................................. Error! Bookmark not defined.
13. ADDRESS FOR NOTICES ............................. Error! Bookmark not defined.
14. ENTRANCE FEES, SUBSCRIPTIONS .............. Error! Bookmark not defined.
15. DATES FOR ENTRANCE FEES AND SUBSCRIPTIONS ..... Error! Bookmark not
defined.
16. VARIATION OF PAYMENT TERMS .................. Error! Bookmark not defined.
17. OVERDUE SUBSCRIPTIONS, DUES OR LEVIES etc ........ Error! Bookmark not
defined.
18. RESIGNATION OF MEMBERS ....................... Error! Bookmark not defined.
19. EVIDENCE OF ARREAR DEBTS DUE .............. Error! Bookmark not defined.
20. GENERAL COMMITTEE ................................ Error! Bookmark not defined.
21. POWERS OF THE GENERAL COMMITTEE........ Error! Bookmark not defined.
22. MEETINGS OF THE GENERAL COMMITTEE ..... Error! Bookmark not defined.
23. POWERS OF THE CEO AND THE MANAGEMENT ............ Error! Bookmark not
defined.
24. PAYMENT OF COMPENSATION ..................... Error! Bookmark not defined.
25. DISCIPLINE .............................................. Error! Bookmark not defined.
26. DISCIPLINARY PROCEDURE ........................ Error! Bookmark not defined.
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27. GENERAL COMMITTEE, QUORUM FOR EXPULSION ....... Error! Bookmark not
defined.
28. APPEAL AGAINST EXPULSION ...................... Error! Bookmark not defined.
29. FINANCIAL YEAR AND BUDGET .................... Error! Bookmark not defined.
30. GENERAL MEETINGS OF MEMBERS .............. Error! Bookmark not defined.
31. NOTICE OF MEMBERS MEETING ................... Error! Bookmark not defined.
32. MEETING QUORUM AND ADJOURNMENT ....... Error! Bookmark not defined.
33. MEMBERS RESOLUTIONS ............................ Error! Bookmark not defined.
34. FORMAT OF ANNUAL GENERAL MEETING ...... Error! Bookmark not defined.
35. SPECIAL GENERAL MEETING ....................... Error! Bookmark not defined.
36. VOTING .................................................... Error! Bookmark not defined.
37. BOOKS, ACCOUNTS AND RECORDS ............. Error! Bookmark not defined.
38. COMPLAINTS ............................................. Error! Bookmark not defined.
39. NOTICES .................................................. Error! Bookmark not defined.
40. LIMITATION OF LIABILITY AND LAW SUITS... Error! Bookmark not defined.
41. CONTROL OF AFFAIRS AND FUNDS .............. Error! Bookmark not defined.
42. CONSTITUTION ......................................... Error! Bookmark not defined.
43. DISSOLUTION ........................................... Error! Bookmark not defined.
44. INDEPENDENCE FROM PERSONAL INTEREST . Error! Bookmark not defined.
45. RIGHTS OF MEMBERS ................................ Error! Bookmark not defined.
46. LEASE AGREEMENT .................................... Error! Bookmark not defined.
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1. REGULATIONS:
1.1. Regulations are integral to and form an essential part of the Dainfern
Governing Deeds and MOI.
Should any clause in the Regulations conflict with the MOI the
MOI will take precedence.
1.2. The Regulations will be effective immediately following the Dainfern,
Dainfern Country Club and Dainfern Golf Club SGM approvals.
These Regulations, read with the Rules, Codes and Governing
Deeds replace all previous versions in their entirety, save that all
decisions made previously and based on the old versions of
these documents will remain valid.
1.3. Regulations relate to immovable property on the Estate as well as to
the outsourcing of specific aspects of management of the Estate and
may only be changed by Members Special Resolution at a Special
General Meeting.
1.4. The DHA, The DCC and DGC, the legally constituted bodies of the
Estate have adopted these Regulations that:
Impose certain contractual processes relating to the activities of
Contractors and Estate Agents on the Estate and
Dictate the manner in which certain management activities must
be realized.
1.5. The primary intention of these Regulations and processes is to ensure
that standards are kept at optimum level and that all building activity
and the management of nominated services on the Estate occur with
the least possible disruption to Residents.
1.6. In the event of any uncertainty, Residents and/or their contractors
should contact the Estate Manager for assistance and advice.
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2. ADMINISTRATIVE REGULATION:
2.1. Members understand and except that security and payment of levies
are of paramount importance to Dainfern and therefore agree that
the DHA may from time to time carry out background checks on
members, their family members and tenants.
This is including but is not limited to: -
2.1.1.1. Police reports
2.1.1.2. Credit bureaux reports
2.1.1.3. References
Information collected will be handled in the strictest of
confidence at all times.
3. OUTSOURCING AND TENDER REGULATIONS: -
3.1. Dainfern is an extremely complex environment to manage as it
covers a multitude of diverse disciplines. To ensure there is continuity
and that standards are maintained across all areas the main services
scheduled below must be outsourced as anticipated in the MOI. This
includes but is not limited to the following:
Accounting and Administration
Catering
Cleaning
Maintenance of the Golf Course and Golf Course equipment
Maintenance of the Estate Gardens
The Golf Proshop
Security including the maintenance of the security equipment,
electric fence, entry and exit gates, booms, camera’s and
analytical software.
3.2. Contracts to be awarded for a minimum of three and a maximum of
five years.
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At the end of the contract period the board may decide to renew
the contract for a further period of up to five years without a
tender, provided that the current service provider is providing
service that meets the boards documented standards.
3.3. Should the incumbent service provider NOT be meeting the required
standards and the board wish to appoint a new service provider then
the contract must be put to tender.
3.4. The judging of the tenders to be recorded and open to inspection by
members, after the final decision is made public.
This inspection excludes any members who were directly or
indirectly involved in tendering for the contract.
3.5. Members inspecting any such documents will at all times be
accompanied by a Director of the DHA.
3.6. Members who inspect the documentation may not make copies of the
documents by any means.
3.7. The winner of the tender may also be present at the inspection,
should he choose to be.
4. PROPERTY REGULATIONS
4.1. a) LEGAL STATUS
These Regulations govern all aspects of property in Dainfern
including Estate Agents, Architects, Builders and any other
construction related entities and are binding on all Owners.
Furthermore, each Owner is obliged to include these Property
Regulations, in their entirety, in any building contract concluded
in respect of property on the Estate and to ensure their building
contractor complies with them.
4.1.2.1. This applies to both new buildings and alterations.
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All Owners shall also ensure that their Building Contractor signs
a copy of the Dainfern Governing Deeds prior to the
commencement of construction.
4.1.3.1. The DHA has, and reserves the right to suspend any
building activity in contravention of any of the Governing
Deeds and the DHA accepts no liability whatsoever for any
losses, including consequential losses, sustained by an
Owner as a result thereof.
4.2. FINES
Penalties and/or Fines, in terms of these Regulations, will be
imposed by the Board of Directors at their discretion subject to
the following:
4.2.1.1. The schedule of Penalties and Fines must be tabled at the
AGM for ratification of the fines/penalties imposed in the
Financial Year and confirmation of the proposed Penalties
and Fines for the following year.
4.2.1.2. The Board may adjust the quantum of Penalties and Fines
during the year as the deem necessary, subject always to
ratification in AGM by ordinary resolution.
5. GENERAL REGULATIONS:
5.1. BOUNDARIES BETWEEN THE GOLF COURSE, PARKS, NATURAL
AREAS, WALKWAYS OR ANY OTHER COMMON AREA INCLUDING
STREET BOUNDARIES AND RESIDENTIAL ERVEN:
The aesthetics of the interface where erven front onto the golf
course, natural areas and parks (or walk-throughs) are
extremely sensitive and important and are to be maintained
subject to the directions of the DHA.
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No trees or other natural vegetation may be removed from any
part of a park, the golf course or any other public or common
area, nor may they be planted thereon, nor may Residents
extend their gardens beyond the boundary of their erf.
5.2. LANDSCAPING AND CULTIVATION OF COMMON NATURAL AREAS:
The Estate has some exceptional natural features including the
Jukskei River and clusters of indigenous highveld bush. It is the
policy of the DHA to preserve as much of these areas as
possible.
Damage to such areas, which occurs during building, or any
other time, is to be reinstated within thirty days by the owner
concerned at its cost. In not remedies DHA can at his cost.
Furthermore, no Member shall be permitted to erect any
improvements, extensions or any landscaping of an Owner's
garden beyond the boundaries of an Owner's erf, especially
where abutting on to natural veld.
5.3. MAINTENANCE AND USE OF SIDEWALKS:
All Owners and Residents shall: -
5.3.1.1. maintain the area between the road kerb and their property
boundary.
5.3.1.1.1. Exception: Where the property does not have direct
access to the pavement, the maintenance will be
attended to by the DHA, (Example: Houses that abut
Gateside Ave but access their dwelling from another
street.
5.3.1.1.2. Exception “The Glades” developed as an integrated
village with sidewalks and village gardens, excluding
residential property, being maintained by the DHA.
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5.3.1.2. maintain and paint, where necessary, all boundary walling.
5.3.1.3. ensure that no trees, plants or sidewalk lawn may be
planted or removed without the prior written permission of
the DHA or the ARC.
5.3.1.4. ensure that planting on sidewalks may not interfere with
pedestrian traffic, obscure vision of motorists or disturb the
view of neighbouring properties.
The DHA will, in the event of a breach of this Rule, and after
written notice to the Owner or resident concerned, remove any
offending planting or other improvements and debit the cost
thereof to the Owner’s account.
No bollards or other obstruction may be erected on a side walk
unless the specific written permission of the DHA has been
granted therefore.
Sidewalks may not be used for parking on a regular basis.
In exceptional circumstances, e.g. for parties, permission may
be granted by the DHA.
5.4. USE OF STREETS:
Normal Road Legislation, Regulations and Ordinances shall apply
on the Estate. In addition, the following shall apply:
The maximum speed limit is 40 km/h on Gateside and Hempton
and 25km/h on all other roads.
Golfers and other pedestrians frequently cross roads and have
right of way and motorists shall accordingly always drive and
approach any such crossings with caution;
No unlicensed drivers or vehicles will be permitted access to or
usage of Estate roads and the DHA will support the normal
policing of Estate roads by the Municipal and Statutory
authorities;
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In addition to any internal sanction, the DHA will seek that all
legal remedies available against transgressors of these Rules
(and any applicable traffic laws) are implemented including, but
not limited to, the institution of criminal proceedings.
5.5. WATER FEATURES, PONDS, SWIMMING POOLS AND SWIMMING
BATHS:
The Owner of any erf which contains a swimming pool or
swimming bath shall ensure by means of a wall or fence that no
person can have access to such pool or bath from any street or
public place or any adjoining site other than through a self-
closing and self-latching gate with provision for locking in such
wall or fence: Provided that where any building forms part of
such wall or fence, access may be through such building. Such
wall or fence and any such gate therein shall be not less than
1,2m high measured from the ground level and shall not contain
any opening which will permit the passage of a 100mm diameter
ball. The constructional requirements of such fence or gate shall
comply with the requirements contained in SABS1390.
The DHA is aware of the fact that pools, ponds and water
features may be aesthetically pleasing and/or decorative, but
the fact that they are located outside boundary walls or
physically about the sidewalk without any form of barrier,
creates a source of danger for which the DHA will not accept
liability. The DHA accordingly requires the installation of such
barriers and safety measures as may be reasonable in the
circumstances and records that neither it, nor any servant,
official, agent or appointee of the DHA can be held liable for any
incident or accident which might occur and which could have
serious consequences.
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All Homeowners are urged to take reasonable precautions by
inter alia, placing protective structures and/or netting over such
features.
Homeowners are to ensure that they are fully compliant with all
relevant by-laws in regard to the erection of such pools, ponds
and water features and that they are adequately insured.
5.6. ORNAMENTATION AND EMBELLISHMENTS ON EXTERIOR OF
BUILDINGS:
DHA has the power to regulate placing or fixing of
ornamentation or embellishments upon the outside of buildings.
Subject to due notice having been given the DHA may remove
any such objects.
5.7. STANDARDS AND GUIDELINES:
The Directors shall appoint an architectural review committee
which shall consist of:
5.7.1.1. An architect duly qualified to practice as such on his own
account in the Republic of South Africa;
5.7.1.2. Not less than 1 (one) Director; and
5.7.1.3. Such other Members as the Directors may determine.
5.7.1.4. Members of the architectural review committee, need not
be Members of the Association.
The Architectural Review Committee (“ARC”) has the authority
to enforce the following:
5.7.2.1. The standards and guidelines for the architectural design of
all buildings and outbuildings, structures of any nature, and
all additions and alterations to any such buildings,
outbuildings or structures erected in the Association Area,
and in particular to control the design of the exterior of
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such buildings, outbuildings or structure and the materials
and colours used on such exterior to ensure an attractive,
aesthetically pleasing character to all the buildings in the
Association Area.
5.7.2.2. The positioning of all buildings, outbuildings, structures of
any nature and of any additions and alterations thereof;
5.7.2.3. The standards and guidelines for the design of all site
works, buildings, structures, installations and projections
on the erven in the Association Area, including (without
limitation thereto) aerials, pergolas, side walls, swimming
pools, tennis courts, awnings, Jacuzzis, carports,
generators and paved pathways;
5.7.2.4. The preservation of the environment, including the right to
control vegetation and the right to prohibit and/or control
the erection of walls, fences and hedges, whether upon or
within the boundaries of any erf;
To ensure compliance with the guidelines set down by ARC
To require the submission for approval of such plans, drawings,
specifications and other information as they may deem
necessary to ensure compliance by Members with this
Memorandum and the Rules made in terms hereof.
That any work being constructed within the Association Area
shall be supervised to ensure that the provisions of this
Memorandum and the Rules are complied with and that all work
is performed in a proper and workmanlike manner.
All plans for all buildings, outbuildings, structures, walkways,
fences, additions, alterations and signage shall be submitted for
approval by the architectural review committee prior to
submission for municipal approval and prior to commencement
of any work thereon. The Directors may, if they deem fit,
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delegate to the architectural review committee their functions
and powers in terms of these Regulations.
Should any Regulation contained herein conflict with any
provision of the Dainfern Country Club (“DCC”) Constitution or
Rules of the DCC or the MOI of the DHA, the order of preference
of application shall be that the MOI shall prevail over these Rules
which shall prevail over the DCC Constitution;
Should any Resolution of the Directors of the DHA or a meeting
of the members of the DHA (whether a general or special
meeting), or the General Committee of the Dainfern Country
Club or of the Architectural Review Committee, conflict with any
of these Rules, the Resolution will take precedence; and
Should any Regulation contained herein conflict with any
provision of any Title Deed of any property on the Estate, such
provision in such Title Deed shall prevail.
6. GENERAL BUILDING REGULATIONS:
6.1. HOUSE DESIGN – New / Alterations and Additions
GENERAL REGULATIONS AND INFORMATION
6.1.1.1. VARIATIONS OF THESE REGULATIONS
6.1.1.2. The DHA may amend, supplement or vary the Estate
Regulations from time to time by passing a Special
Resolution.
6.1.1.3. The DHA and the Board reserve the right to take any action
they deem fit in the instance of contravention of a
Regulation.
HOUSE DESIGN REGULATIONS:
6.1.2.1. The Title Deeds to all of the erven in Dainfern include
conditions in favour of the Dainfern Homeowners
Association, (“DHA”) defined as the DHA, stating that no
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improvements whatsoever may be undertaken on erven in
the Estate without the prior written consent of the DHA
having being obtained.
6.1.2.2. One of the primary objectives of the DHA, as set out in its
MOI, is to control the nature and quality of any
improvements constructed on erven within the Estate. In
other words, the DHA is obliged to ensure that all
improvements constructed on properties within Dainfern
are in compliance with Estate Regulation and architectural
guidelines, which have been approved by the DHA.
6.1.2.3. As almost all the erven within Dainfern have been
developed owners of existing houses may wish to make
alterations to their properties. Any alteration to existing
houses constitutes an improvement, as defined in the Title
Deed and requires the consent of the DHA.
6.1.2.4. The Architectural Guidelines have, over the years, been
adapted and amended by the DHA to take into account the
changing circumstances within the Estate. The DHA
constantly reviews and updates these guidelines to ensure
that they are relevant.
6.1.2.5. The purpose of the Architectural Guidelines is to equip the
Owner with the essential regulations and standards
applicable to both the development of new houses and in
respect of alterations of any existing houses.
6.1.2.6. Alterations and additions in some instances are minor and
result in minimal disruption to neighbours and the Estate in
general. There are however alterations and additions that
are major, which involve demolishing, (jackhammers,
drilling, rubble removal etc.) and where structural changes
to existing dwellings are carried out. Contractors of any
sort engaged in alterations carrying out normal installations
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such as plumbing, electrical, kitchen cupboards, tiling,
carpets, swimming pools etc. create problems of access to
the properties, storage of sand, stone, bricks, cement etc.
and impact on security with the large numbers of
contractors on the Estate.
6.1.2.7. In the past a small minority of Homeowners have tended to
disregard the Regulations to the detriment of the Estate.
The Regulations and the adherence thereto will ensure a
well-controlled and managed Estate that is not only
aesthetically pleasing and safe but is also where the value
of property is enhanced.
6.1.2.8. The following issues are considered to be critical and the
guidelines should be read in this context: -
6.1.2.8.1. Height of any building, walls or structures.
6.1.2.8.2. Overall aesthetics and harmonious integration of
alterations to original structure.
6.1.2.8.3. No dwelling will be permitted to over bulk – 60% of
the stand area is the maximum FLOOR AREA RATIO
a dwelling can be constructed;
6.1.2.8.4. First floor area shall not exceed 50% of actual built
area of the ground floor;
6.1.2.8.5. No construction will be permitted over any building
lines; and
6.1.2.8.6. The maximum height above Natural Ground Level of
any basement shall not be more than 0.5m at any
point.
6.1.2.9. Homeowners considering major repairs, alterations or
additions are advised to contact the DHA or request their
designated Architect / Project Manager to arrange a
meeting to clarify the Regulations and procedures before
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unnecessary costs are incurred which will be for the
account of the homeowner.
6.1.2.9.1. This also includes limited construction work where
plans may not have to be approved. The following
must be complied with before any contractors will be
permitted to enter Dainfern: -
6.1.2.9.1.1. DHA to approve plans;
6.1.2.9.1.2. Plan approval is obtained from the Local
Authority;
6.1.2.9.1.3. The Contractors code of conduct document is
completed and signed;
6.1.2.9.1.4. Relevant fees and deposits are paid; and
6.1.2.9.1.5. Authorization documents are completed for
contractor access to the Estate.
6.1.2.9.1.6. The DHA reserves its rights to prevent any
contractor access to the Estate and to
prevent any work being done on the property
should the Regulations not be complied with
to the satisfaction of the DHA.
CONSULTATION WITH THE DHA:
6.1.3.1. In view of the Architectural Regulations prescribed for all
developments, it is a requirement that the Homeowner and
appointed architect consult with the Estate Office before
commencing with the design of the building and, in any
event, prior to submission of the Homeowner building plans
to the ARC
6.1.3.2. The ARC encourages preliminary sketch designs to be
submitted for comment prior to finalisation of plans
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whether for new buildings or alterations to existing
buildings.
6.2. CONTROLS
The general restrictions set out below are imposed in addition to
any restrictions in terms of Conditions of Title, Town Planning
Schemes or National or any other Building Regulations.
Notwithstanding compliance with any such other restrictions
imposed by third parties, the approval of any plans or
improvements within the Estate shall be at the sole discretion of
the DHA.
Similarly, compliance with restrictions imposed by the DHA shall
under no circumstances absolve the Owner from the need to
comply with restrictions imposed by third parties or Local
Authorities, nor shall DHA approval be construed as permitting
any contravention of restrictions imposed by any authority
having legal jurisdiction.
Property in Dainfern may not be used for the purposes of renting
rooms individually, nor may premises be rented via Air B and B
or any other similar arrangement.
Permanent occupants in Dainfern properties are limited to two
per bedroom and a maximum of eight people in total.
6.3. c) DENSITY:
Only one dwelling per erf will be permitted and shall not exceed
the maximum density permitted in terms of the applicable Town
Planning Scheme.
6.4. FLOOR AREA RATIO (FAR):
The FAR definition has been designed to suit the specific needs
of Dainfern, i.e. to control the impact of over- developed / over-
bulked properties within the residential environment
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“Floor Area” is the sum total of the floor space measured to the
extremities of each floor plate, i.e. outer side of walls of the
dwelling, expressed as a factor of the site area.
6.4.2.1. For example: A floor area of 0,6 implies a total built area
of 0,6 x site area, ie 60% of stand area.
6.4.2.2. ADDITIONAL NOTES OF “FLOOR AREA” (FAR)
6.4.2.2.1. Any internal double volume, stairwells, shafts, etc.
that extend over two storeys, will be included in the
‘Floor Area’ calculation at each Floor Level.
6.4.2.2.2. The area below any roofed structure, if one storey in
height, will be added to the Ground Floor Area.
6.4.2.2.3. The area below any roofed structure (e.g. Porte
Cochere or walkway), that exceeds 5,5m in height
will be included in the Ground and First Floor Area.
6.4.2.2.4. Any swimming pool, water feature, garden, braai
area, staircase, etc., elevated onto a terrace at First
Floor Level will be considered to be a room at Ground
Floor Level, and will be included in the calculation of
the Ground Floor Area. Any of these features
elevated to the second floor or above will be included
in the calculation of the second floor area
6.4.2.2.5. Any external area, enclosed, or partially enclosed, by
a screen wall exceeding 3m in height, measured
from the Floor Level of the nearest adjacent Ground
Floor room, will be included into the Ground Floor
Area.
6.4.2.2.6. Where, in the opinion of the Architectural Review
Committee (ARC), the shape and form of a dwelling
is such that it presents an excessively “bulky”
appearance to its immediate environment, whilst still
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complying technically with the FAR guidelines, may
be rejected on the grounds of it defeating the
intentions of the Floor Area restrictions.
6.4.2.2.7. The following areas do NOT form part of ‘Floor Area’:
6.4.2.2.8. A basement of 100 m² or less, which is used
exclusively for parking and storage, measured to the
extremity of the wall plates and does not project
more than 500mm above natural ground level.
6.4.2.2.9. Roof eave overhangs NOT exceeding 0,6m.
6.4.2.2.10. Areas beneath architectural features on the
perimeter of a dwelling – such as corbelling, beam
overhangs, etc. – provided these do NOT exceed
300mm in extent from the dominant exterior wall
face.
6.5. MINIMUM SIZE:
No dwellings will be permitted which have a total Bulk of less
than 200 m2 save that on erven zoned Residential 2" and used
for Cluster housing, the minimum permissible size shall be 150
m² per unit, calculated in the same manner.
6.6. COVERAGE:
Single Storey Dwellings
The ground floor coverage shall not exceed 60% (sixty
percentum) of the area of the erf.
Double Storey Dwellings
The ground floor coverage of double storey dwellings shall not
exceed 40% (forty percentum) of the area of the erf.
The area of the first floor shall not exceed 50% (fifty percentum)
of the actual built area of the ground floor. In order to
encourage the construction of a greater bulk at ground level the
ARC, within its sole discretion, may support plans for double
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storey dwellings with ground floor coverage greater than 40%,
provided that the area of the first floor is commensurately
reduced in order not to exceed the maximum FAR of 0,6.
6.6.5.1. For example, on an erf of 1000 m², a dwelling with 500 m²
on ground floor and 100 m² on the upper level is preferred
to a dwelling with 400 m² on ground floor and 200 m² on
the first floor.
The use of flat rooves for gardens and entertaining is not
permitted.
6.7. CONSOLIDATED STANDS:
Floor Area allowances on consolidated stands must not exceed
0,4 of the total site area, i.e. (40%) of stand area.
No erven on the Estate may be consolidated, notarially tied or
subdivided without the prior written approval of the DHA.
6.8. PRIVACY:
The privacy of surrounding properties must always be
considered.
The DHA or the ARC may, in their discretion, determine and
impose restrictions to enhance privacy. Notwithstanding this,
there is no duty on the DHA, howsoever arising, to safeguard
the privacy of Residents nor shall the DHA be liable to any
person for damages howsoever arising in this regard.
6.9. HEIGHT:
No dwelling shall be allowed or constructed, which will or does
exceed the height restrictions as set out below.
Overall height.
6.9.2.1. No more than two floors shall be erected vertically above
each other, nor shall the height of any part of any such
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structure exceed 8,5 (eight comma five) metres above the
Natural Ground Level below that point in double storey
structures, and 5.5 metres if a single storey structure.
The roof of the second floor may not be used for any other
purpose than a roof.
6.10. FLOOR SLABS:
No part of the ground floor slab shall, at any point, exceed 0,5
(nought comma five) metres above the Natural Ground Level
below that point.
The calculation of all heights above Natural Ground Level shall
extend to the highest surface or part of the structure being
measured at such point.
6.11. BUILDING LINES:
No buildings may be erected within three (3) metres from the
boundary between an erf and a road reserve or within one (1)
metre from side boundaries with neighbours and (5) metres
from golf course or nature areas. The first floor of a double
storey dwelling may not extend nearer than three (3) metres
from any boundary.
6.12. COLOURS:
All external finishes and colours shall be specified in the
drawings, and colour samples are required to be delivered to the
DHA on request and are to comply with the colour range
displayed in the Estate Office and approved by the ARC from
time to time.
In group housing schemes the choice is strictly controlled with a
limited choice of colours.
6.13. THATCH ROOFS:
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All members erecting thatch roofed dwellings or buildings are to
comply with all relevant Fire Laws and Local Authority rulings
and by-laws.
6.14. BASEMENTS:
Basements are limited to 100 m² net, for parking and storage
only, and are excluded when calculating FAR. However, should
the basement be used for any other purpose, the area thereof is
to be included in the calculation of FAR and specific consent is
required from the ARC for such use.
The maximum height above Natural Ground Level of any
basement shall be 0.5m at any point; and
There shall be limited access to a basement.
6.15. WALLING / FENCING:
The aesthetics of the interface between a stand and
neighbouring properties including roads, parks and the golf
course is of major concern.
Stand owners are reminded that they do not own or control
common areas including, but not limited to, nature trails,
pedestrian paths, pavement beyond the perimeter of their erf.
road reserves and golf course and may not landscape or remove
or alter any landscape on those common areas without the
written consent of the DHA.
It is the responsibility of owner to maintain boundary walls
failing which it is within the discretion of the DHA to compel
compliance at the cost of the homeowner.
The DHA reserves the right to landscape any area under its
control including the area outside an erf boundary and under the
control of the DHA.
6.16. STREET BOUNDARIES:
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In order to avoid a hostile canyon-like effect, boundary walls on
streets are strongly discouraged but, if necessary, for
preservation of privacy, walls must be meaningfully articulated
with panels being a maximum of three meters in length.
Walls will only be permitted where fully motivated including
height, design, articulation and colour. It must be demonstrated
how the wall will enhance privacy whilst not detracting from the
street scape.
The design of any steel fencing shall be to the approval of the
DHA including that of any pillars and fencing colours.
6.17. GOLF COURSE BOUNDARIES:
Any fencing on the Golf Course boundary shall be subject to the
approval of the ARC including as to design, materials, colour and
height and any other specification required by the DHA.
Solid boundary walling is not permitted.
6.18. BOUNDARY WALLS BERWEEN ERVEN:
All external walling is to be plastered (the minimum being a one
coat plaster on the external side) and painted to the same
standard on both sides to the DHA’s satisfaction.
On a common boundary between two erven, it shall be the
Owner of the erf for which building plans are approved first who
will be responsible for the finishing of that side of the common
wall facing the adjoining erf, irrespective of whether that
adjoining erf may at the time remain unimproved.
Wherever possible, electrical meter boxes are to be integrated
into the boundary wall design.
Boundary walls may not exceed 2 meters in height without the
express permission of the DHA and the affected neighbour,
6.19. SCREEN WALLS:
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Screen walls is defined as a moveable or fixed device especially
a framed construction designed to divide conceal or protect, but
not to support, may have the effect of adding to the visual
“bulk” of a dwelling and are not permitted save with the consent
of the DHA which will be granted provided it can be
demonstrated that screen walling is necessary and does not add
to the visual “bulk” of the dwelling.
The aesthetics of the interfaces is extremely sensitive and
important and shall always be subject to the control and
approval of the DHA
6.20. TREES AND VEGETATION:
No trees or other natural vegetation may be removed or added
to or from any part of a park, the golf course or any other
common area including road reserves.
No gardens may extend beyond the boundary of their erf
without the prior written consent of the DHA.
6.21. PARKING:
In order to provide space for cars and for visitors' parking,
garages fronting directly onto the street shall be set back 3
metres from the erf/street boundary.
6.22. CARPORTS:
Carports will be permitted provided these complement the
existing dwelling and do not contravene any building lines,
and provided they complement the existing architectural
aesthetics of the dwelling.
6.23. PROHIBITED BUILDING MATERIALS:
To allow for diversity and interest, a variety of individual
architectural designs will be encouraged.
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The following building materials or finishes will not be allowed:
Unfinished / raw plaster or unplastered stock brick walls;
Unpainted or reflective metal sheeting;
Reflective roofing materials.
Precast concrete walls;
Unapproved wood panel fencing;
Razor wire or security spikes or similar items; or
Non-conventional building materials or methods.
6.24. o) MANAGEMENT OF BUILDING CONTRACTORS:
Builders Boards
6.24.1.1. All builders' boards erected within the Estate shall be
purchased from the DHA. No other builders' boards are
permitted to be erected or displayed within the Estate.
6.25. PAVING:
The design and layout of all paving areas that extend to the road
reserve is subject to DHA approval.
6.26. STREET NUMBERS:
The erf number shall be displayed in a prominent position, when
viewed from the street front, by means of numbers no less than
200mm high.
All post boxes are to be visible and to the satisfaction to the
DHA.
6.27. EXTERNAL FIXTURES:
Awnings, blinds, air conditioner units and other items, which do
not form part of the basic structure, shall be clearly shown and
annotated on all drawings and plans relating to an erf.
All geysers, air conditioner units and related pipe work is to be
covered and fully concealed.
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6.28. GENERATORS:
The Johannesburg municipality has published by-laws with
regards to the installation and operation of generators.
By-laws pertaining to the operation of a generator are available
from the Estate Office.
Residents must familiarise themselves with the Johannesburg
City by-laws.
A written application must be made to the DHA to install a
generator.
Residents must inform a neighbours in writing regarding their
intention to install a generator.
A copy of the letter must be lodged with the Dainfern
Homeowners Association.
The letter must supply the following information:
6.28.7.1. Size of generator;
6.28.7.2. Location of the generator;
6.28.7.3. Details as to how noise levels will be acoustically screened
off in order not to create a noise nuisance or disturbance;
6.28.7.4. Detail as to how the exhaust system will be installed and
assurance that should there be complaints with respect to
noise and/or pollution that it will be addressed within 24
hours of such a complaint;
In the event that a generator is installed outside the home it
must to be screened from street and neighbours’ views.
Generators must be installed as close as legally possible to the
applicant’s residence;
The generator must be connected to the electrical wiring of the
house by a qualified electrician, and a copy of the certificate of
electrical compliance must be obtained by the owner and lodged
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with estate management. (Please consult Annexure B “Safe
guidelines for generators”)
Property owners should consult their household insurance
companies / broker for advice on the installation of a generator;
Generators may only be used in the case of scheduled power
outages and generators may not be operated before 06h00 and
after 22h00.
The noise generated must not cause disturbance to adjacent
residents, the noise level must not exceed 55 decibels during
day time and not exceed 45 decibels during night time (as per
the City Council By-laws) which states that “any person who
contravenes or fails to comply with the provision of these
regulations shall be guilty of an offence and liable for conviction
to a fine not exceeding R20 000, or to imprisonment for a period
not exceeding two years, or both such fine and imprisonment
and, in the event of a continuing contravention to a fine not
exceeding 20 days, or to both such fine and such imprisonment
for a period not exceeding 20 days, or to both such fine and
such imprisonment for each day on which such contravention
continues”.
Generators may not be installed or operated in such a fashion as
to constitute a fire hazard and residents are advised that
suitably sized fire extinguishers should be placed close by.
6.29. SOLAR HEATING AND GENERATING:
Solar heating panels are not permitted save with the consent of
the DHA.
There are two types of solar panels:
6.29.2.1. Thermal
6.29.2.1.1. Use the power of the sun to heat the water.
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6.29.2.2. Photo voltaic (PV)
6.29.2.2.1. Use light to generate electrical power.
PV panels have definite advantages:
6.29.3.1. They do not have to be inclined towards the sun, they can
lie flat.
6.29.3.2. They only require light and NOT direct sunshine to generate
electricity. Thus on cloudy days they are more efficient!
6.29.3.3. Because they do not require inclination, they are far less
obtrusive than thermal panels.
Dainfern encourages Homeowners to use PV panels to generate
electricity to heat the geyser. This can be achieved two ways:
6.29.4.1. Replace the existing element with a dual 220/12volt
element.
6.29.4.2. Alternatively run the PV generated power via an inverter
and connect to the existing Geyser.
Panels may not be installed above the highest point of the
dwelling/building, excluding chimneys.
Approval will only be given if the panels are fitted in such a way
that it least affects the external appearance of the property and
the surrounds.
Panels may not be visible from the driveway.
Panels may not protrude more than 200mm above the roof
surface.
On a flat roof the maximum inclination is 20 degrees and parallel
to the roof that is inclined.
Frame colour to match panels, typically black.
Panels may not reflect into neighbours’ properties or into
roadways.
ix. Solar application:
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6.29.11.1. Submit application to Estate Manager and request current
guidelines.
6.29.11.2. Ensure contractor compliance of to the following standards:
6.29.11.2.1. SANS-10142-1
6.29.11.2.2. NRS-097-2-1
6.29.11.2.3. NRS-052-2-1: 2012
6.29.11.2.4. International IEC 62446
6.29.11.3. Installer to submit proposal with diagrams with detailed
configuration and assumptions.
6.29.11.4. The DHA ARC will consider the detail and approve/decline
the application.
6.30. WATER STORAGE:
Jojo style or any other water storage tanks may not be visible
from street or from a neighbour’s property.
Application for approval for the installation of water storage
tanks must be submitted to the DHA together with detailed
drawings specifying how the tanks will be shielded from view.
Applications MUST be accompanied by written acceptances
signed by all neighbours who may be affected by the installation
of JoJo style tanks, or any similar storage tank of any sort.
6.31. BOREHOLES:
Boreholes are controlled by Central and Local Government and
no borehole may be drilled without the required permits and the
approval of the DHA.
6.32. OUTBUILDINGS:
Outbuildings shall compliment and be harmonious with the
original design and style of the dwelling in all respects.
6.33. OUTLET PIPE DISCHARGE:
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All swimming pool, Jacuzzi and other outlet pipes are to be
connected directly into a sewer, to the satisfaction of the Local
Authority and the DHA, and may not discharge onto the street,
the sidewalk or any other area. Any concentrated discharge of
water onto a sidewalk requires DHA approval.
No seepage, leakage or discharge of any nature, including
water, is to be discharged onto sidewalk or road surfaces or onto
any area outside or adjoining an erf.
6.34. EXPOSED PIPES:
All pipes, conduits or cables must be concealed and integrated
into the structure of any dwelling. Any extractor fans and/or air
conditioning units must be compliant with noise control levels as
set out in the National Building Regulations, SABS 0400 and be
approved by the DHA.
6.35. PUBLIC VIEW:
Any wash lines, kitchen and yard spaces, open storage, refuse
enclosures, Wendy houses and accommodation for pets and any
other similar items shall be fully screened from the street or
neighbouring properties.
The DHA shall have the right to instruct an Owner to remove any
caravan, trailer, boat, golf cart or any other item or mechanical
equipment that is stored within public view.
6.36. TELECOMMUNICATIONS:
6.37. A telecommunications entry pipe is to be installed underground,
connecting each dwelling to the relevant telecommunications junction
box. No surface or pole mounted telecommunications cabling is
allowed.
6.38. DSTV type satellite dishes and TV aerials must be discreetly
positioned and due consideration should be exercised not to obstruct
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a neighbours’ views where possible. CB radio, large satellite dishes
and Ham aerials may not be erected without the prior written consent
of the DHA.
6.39. SIDEWALK DEVELOPMENT:
Where appropriate, the DHA may require the submission of a
sidewalk rejuvenation plan indicating landscaping required of the
owner to restore the sidewalk after construction or the alteration
has been completed.
6.40. ARCHITECTUAL REGULATIONS:
Whenever the following specific Regulations are prescribed for a
particular extension or area within the Estate, such regulations
shall take precedence within that area over the General
Regulations applicable to the Estate.
6.40.1.1. Height – Ground floor - 5.5 metres
6.40.1.2. First floor - 8.5 metres
6.40.1.3. Basements – maximum 100 m²
6.40.1.4. (Usage strictly limited to garaging and storage)
6.40.1.5. Boundary distances.
6.40.1.6. 3 metres from road reserve
6.40.1.7. 2 metres on any 2 boundaries
6.40.1.8. 1 metre ground floor
6.40.1.9. 3 metres first floor
7. SPECIFIC ARCHITECTURAL REGULATIONS FOR VARIOUS ERVEN:
7.1. ERF 632 (CARMEL)
Construction on erf 632 shall be subject to all the REGULATIONS
and procedures set out in these REGULATIONS.
The design manual for Carmel (Erf 632), being part of the Estate
REGULATIONS, is available from the DHA offices.
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7.2. SAWGRASS (EXT 14)
Construction on Sawgrass shall be subject to all the
REGULATIONS and procedures set out in these REGULATIONS
and, in addition, no plans for Sawgrass will be approved by the
DHA until they have been approved by the project architect.
The design manual for Sawgrass, Schedule “G” being part of the
Estate REGULATIONS, is available from the DHA offices.
7.3. SPYGLASS HILL (EXT 15 and 17)
Construction on Spyglass Hill shall be subject to all the
REGULATIONS and procedures set out in these REGULATIONS
and, in addition, no plans for Spyglass Hill will be approved by
the DHA until they have been approved by the project architect,
Schedule “H”, being the full design manual for Spyglass Hill and
part of the Estate REGULATIONS, is available from the DHA
offices.
Any of the REGULATIONS and/or restrictions in any clause
herein may only be deviated from, varied, amended or relaxed
with the prior written approval and consent of the DHA and/or
the ARC (in regard to aspects falling under its area of
jurisdiction), which deviation, amendment, variation, relaxation
shall only be considered by the DHA and/or ARC on receipt of a
written motivated application dealing with:
7.3.2.1. Privacy considerations of adjacent or surrounding
dwellings;
7.3.2.2. Preservation of architectural integrity of the Estate;
7.3.2.3. The support of the neighbours;
7.3.2.4. The view of the golf course/green belt areas of both the
applicant and surrounding Residents; and
7.3.2.5. Any other aspects required to be dealt with by the DHA
and/or ARC.
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Such consent and approval shall be given at the sole and
absolute discretion of the DHA / ARC
7.4. d. ERF 637 WILLOWGROVE
ROOFS
7.4.1.1. Roof pitch: mono-pitch (i.e. of single slope, no “hip”
design) and flat mixed. Slope to taste. Tiles to be
terracotta Riviera (Coverland) or Monarch (Marley) but
Cordova (Corobrik) preferred.
WALLS
7.4.2.1. Finish: to be plastered and painted shades of lighter brown
and beige as per the samples provided by and, to the
satisfaction of the ARC.
7.4.2.2. Boundary wall: front wall to be plastered and match house
colour as per the sample provided by the Owner and to the
satisfaction of the ARC.
7.4.2.3. Retaining wall: to be constructed as a terrace on the front
boundary
WINDOW AND DOORS
7.4.3.1. Front doors: in accordance with the aesthetics of the
dwelling.
7.4.3.2. Window frames: to be in natural or dark bronze aluminium.
7.5. ERF 778 – THE GLADES
ROOFS
7.5.1.1. Roof pitch: 40 degrees to the horizontal.
7.5.1.2. Roof material: slate (blue grey).
7.5.1.3. No mono-pitches.
7.5.1.4. Flat roofs to be concrete.
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WALLS
7.5.2.1. Finish: fine scratch plaster.
7.5.2.2. Colours: to be chosen from a list approved by the ARC.
WINDOWS
7.5.3.1. Natural wood or dark bronze aluminium.
WINDOW SILLS
7.5.4.1. Plastered or clay tile.
7.6. SHERWOOD / RIVERWOOD (EXT 5 & 6
Golf course:
7.6.1.1. No improvements may be erected within five metres (5m)
from the golf course boundary.
7.6.1.2. Golf course/park boundary
7.6.1.2.1. Approved palisade. The detailed design of the
proposed fencing and walling (including that of the
proposed lateral fencing and walling within five
metres (5m) of the golf course or park boundary)
shall be submitted to the ARC, which shall be entitled
to approve or reject such design at its sole discretion
without incurring any liability to any person.
7.7. HAMPSTEAD (EXT 7)
Coverage:
7.7.1.1. Erven 1153 to 1164 (6th fairway)- two storeys – 40%.
7.7.1.2. All other erven, one storey – 60%.
Privacy consideration.
7.7.2.1. Notwithstanding the provisions of these REGULATIONS, and
in order to ensure that all Residents may obtain the best
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possible views from their dwellings, it is expressly recorded
that windows and balconies will be permitted on the south
facing side of the first floor of dwellings. The onus will be
on the Owner of each erf to design his dwelling in such a
way as to achieve whatever degree of privacy may be
desired.
The general character of this Village is to remain, which is mono
and flat roofs.
The pitch of the roofs are to be maintained at 30° and be of grey
slate.
Pyramidal roofs will be considered.
Wall textures can be cement washed or bagged brickwork, as
the existing textures. Banding around windows and doors,
shadow lines and jointing will be accepted. No serious
mouldings, Dorie columns, classical orders or over decorative
details.
Window materials can be changed but colours confined to “non
primary colours.”
Colours of wall finish to be Earthy tones - no more than
two/three colours per dwelling.
Sundry details such as chimneys, balustrade, garage doors, etc.
to be in sympathy with the existing Hampstead Village detailing.
8. PLAN APPROVAL AND CONSTRUCTION
8.1. PROCEDURE AND CHECKLIST: ANNEXURE A
8.2. DEPOSITS AND SITE CLEANING CHARGES:
A refundable deposit, in a sum determined by the DHA from
time to time, shall be paid by each applicant upon submission of
Stage 3 drawings to the ARC. Such deposit will be used, within
the DHA's sole discretion, to cover, inter alia:
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The costs of reinstating public sidewalks where necessary or
desirable in the DHA's opinion; and/or replanting grass and/or
trees damaged or destroyed during building operations; and/or
making good all damage done to any municipal installation
including, without limitation thereto, electrical supply apparatus,
street lights, sewer, storm water and water reticulation and
Telkom manholes; and/or ensuring that the Owner concerned
complies with any other rule or requirement whatsoever relating
to construction, design or any other provisions of these
REGULATIONS, and a portion (determined at the discretion of
the DHA) of the deposit may be refunded, provided the following
requirements have been met:
8.2.2.1. Toilet installed on site in an inconspicuous position and
connected to the sewer system; and
8.2.2.2. Green site hut erected; and
8.2.2.3. Shade screening cloth erected where applicable; and
8.2.2.4. Builder’s board erected; and
8.2.2.5. Payment of the builder’s deposit; and
8.2.2.6. Upon written proof that the required water and electrical
connections have been made.
Owners are required to ensure that building operations are
conducted in such a manner as to minimise any dumping of
material on the sidewalks.
A maximum of 80% of the deposit or unutilised portion thereof
may be refunded to the Owner on completion of the
construction; upon submission of the Local Authorities
Occupational Certificate confirming that the dwelling "as built"
has been erected in accordance with the plans approved by the
ARC.
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In addition to the deposit, each Owner will be required,
simultaneously with the submission of Stage 3 drawings, to pay
the compulsory rubble removal charge determined by the DHA,
from time to time. The DHA will, upon payment by the Owner of
the rubble removal charges, remove all building rubble from the
erf concerned.
8.3. SPECIFIC CHARGES:
Annexure B to the Regulations sets out the details of charges
that the DHA will levy for services relating to building or altering
houses on the Estate as well as penalties for transgressing these
Regulations.
The charges, although contained in the Regulations, are
alterable, on the same terms as the Rules and Codes, by
Directors with the changes being ratified by ordinary resolution
at the next AGM.
9. ESTATE AGENT REGULATIONS:
9.1. Every Estate Agent who wishes to operate in Dainfern is required to
sign acceptance, understanding and compliance with the Dainfern
Governing deeds.
9.2. ACCREDITATION OF ESTATE AGENTS
The Memorandum of Incorporation of the DHA entitles the
Directors of the DHA, inter alia, to bring into force accreditation
procedures for Estate Agents ("Agents") and to grant
accreditation to Agents to accept instructions from Members of
the DHA;
The Directors have determined this policy in furtherance thereof
and will require and have required the signature of an
Accreditation Agreement by all accredited Agents;
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Consequently, no Member of the DHA shall be entitled to appoint
an Agent to perform any mandate or render any services
governed by the Estate Agents Affairs Act No. 112 of 1976 on
such Owner’s behalf within the Dainfern Golf Estate and Country
Club Association area (“the Dainfern Estate”) unless or until such
Agent complies with all requirements of the DHA and is and
becomes duly accredited to operate within the Estate;
The DHA has limited and will limit the number of accredited
Agents at any particular time, such accreditation being afforded
to each Agent for 1 (one) year only. Notwithstanding the above,
the DHA reserves the right to withdraw from or grant to any
further Estate Agent(s) such accreditation as and when the DHA,
in its sole discretion shall decide, and upon such terms as the
DHA shall determine;
In deciding on the issue of accreditation, the DHA will consider,
inter alia, the following factors, none of which shall be decisive:
9.2.5.1. The period in which the agency has been active in the area;
9.2.5.2. The success or otherwise of the applicant's business
dealings on the Estate;
9.2.5.3. The applicant’s knowledge of DHA procedures and
requirements;
9.2.5.4. The applicant’s knowledge of market trends within the
area;
9.2.5.5. The applicant’s knowledge of estate development and the
complex nature of the environment within the Dainfern
Estate; and
9.2.5.6. The applicant’s knowledge of the Rules and requirements of
the DHA and its Members.
9.3. OBLIGATIONS OF ACCREDITED ESTATE AGENTS
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All accredited Agents shall, upon application for accreditation,
pay the annual accreditation fee referred to in 5 and sign the
Estate Agent’s Accreditation Agreement produced by the DHA
from time to time.
An accredited Agent shall observe the following basic rules:
9.3.2.1. No advertising, including without limitation thereto, signage
on walls, umbrellas, bunting or any other form of
advertising, shall be permitted outside or on show houses
or within the Estate.
9.3.2.2. Only one “A-Frame” sign measuring a maximum of 600mm
x 300mm may be used to indicate houses or vacant land
which is for sale and only on show days. No staked boards
and no show house pointer boards shall be allowed at all.
9.3.2.3. All such “for sale” boards shall be positioned at least 2
(two) metres back from the nearest curb, on show days.
9.3.2.4. One” Sold” sign may be displayed on a Sunday show day
between 14h00 and 17h00, on any property sold by the
Agent in the intervening period between the show day and
the advertising of the show house.
9.3.2.5. All viewing of houses or vacant land for sale shall be by
appointment only for all days other than show days (being
Sundays between 14h00 to 17h00) and subject to strict
compliance with all security Rules and protocols in place on
the Estate from time to time.
9.3.2.6. Agents shall endeavour to conduct "view by appointment"
viewing of properties on Sundays between 14h00 and
17h00, with the last entry to the Estate being no later than
16h45.
9.3.2.7. No flyers or promotional material may be distributed at or
outside the gates to the Estate, and no direct and/or
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house-to-house canvassing will be permitted under any
circumstances.
9.3.2.8. The DHA will be entitled to review all Agents' performance
on an annual basis or more frequently, should it so desire,
with a view to withdrawing or suspending accreditation,
should it so wish.
9.3.2.9. All accredited Agents shall, within 7 (seven) days of any
such transaction, notify the DHA of:
9.3.2.9.1. Any sale transaction within the Estate. The word
“sale” in this regard shall include a transfer of
member’s interest in a Close Corporation or a
transfer of shares in a Company or a change of
Trustees and/or beneficiaries of a Trust, whenever
such transfer or change shall result in an effective
change of control of such Close Corporation,
Company or Trust.
9.3.2.9.2. Any rental of a property within the Estate; and/or
9.3.2.9.3. The conclusion of a sale (as defined in 2.4.1), or
rental mandate in respect of a property within the
Estate.
9.3.2.10. The DHA may summarily cancel and withdraw an accredited
Agent’s accreditation, inter alia, in the event of:
9.3.2.10.1. Any transgression of DHA Rules and the policy;
9.3.2.10.2. Any failure to pay the annual fees due by accredited
Agents or the administration fees payable pursuant
to any transfer;
9.3.2.10.3. Any conduct which, in the opinion of the DHA, is not
in keeping with the interests of the DHA or its
membership;
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9.3.2.10.4. Any failure to pay any other amount due to the DHA;
or
9.3.2.10.5. Any failure to observe the Dainfern Homeowners
Association Rules or any direction or instruction of
the DHA Board of Trustees or the General Manager
or the Estate Administrator.
9.3.2.11. In the event that a withdrawal of accreditation is being
considered, the Agency will be notified that it will be
entitled to make written submissions to the DHA Directors
or General Manager. The reasons for any withdrawal of
accreditation will be communicated to the Estate Agent
concerned, in writing, at the discretion of the DHA.
9.4. FEES
All accredited Estate Agents shall pay to the DHA an annual
accreditation fee, in advance. The quantum of the fee to be
decided by the Directors on an annual basis and advised to
accredited Agents.
Ad hoc accreditation will be subject to a fee as determined by
the DHA.
9.5. DOCUMENTATION
All accredited Agents shall ensure that they have a thorough
understanding of the contractual documentation relevant to a
sale of a property on the Estate, with particular reference to the
conditions of title applicable to such properties, and the clauses
necessary to properly conclude a rental agreement.
All sales agreements and all lease agreements in respect of any
properties within the Dainfern Association area shall include
therein the standard Dainfern documentation, as annexures.
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All accredited Agents shall ensure that they verify,
independently, through the DHA’S Estate Office, the status of all
properties marketed by them, prior to marketing same, in
regard to build by dates, penalty levies and any other relevant
information which should be known to a purchaser of such
property.
9.6. PRIVATE AND OTHER SALES:
The provisions of this policy shall apply, mutatis mutandis, to:
9.6.1.1. Any private sale conducted by an owner, or
9.6.1.2. Any transfer of members interest in a Close Corporation, or
9.6.1.3. Any transfer of shares in a Company, or
9.6.1.4. Any change of Trustees and/or beneficiaries of a Trust.
(Where such transfer or change results in an effective
change of control and ownership of the property owned in
Dainfern held by the Close Corporation, Company or Trust,
as the case may be).
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10. ANNEXURE A
Description
STAGE 1
1. Preliminary discussions with Owner/Architect
Grid of Levels to be requested by the DHA.
Estate REGULATIONS and Regulations explained.
Builders’ Code of Conduct and Architect Documents issued.
STAGE 2
Submission of Stage 1 sketch plans showing: -
Elevations – including contours;
Floor Plans;
Boundaries;
Coverage Schedule;
Compliance with all Estate REGULATIONS.
Payment of Scrutiny Fee to DHA.
Colour samples for proposed dwelling.
Comments by ARC meeting faxed to Architect/Owner.
STAGE 3
Stage 2 Working drawings submission, checking previous ARC comments
added.
Review by ARC. If plans are passed: -
Sidewalk Deposit Fee;
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Builder’s Board Fee;
Rubble Removal Fee.
Builders’ Code of Conduct document, returned with all signatures,
including the DHA.
Application to the Local Authority for water and electrical connections.
Submission of plans to the Local Authority by Architect and approval for
DHA file.
SITE ESTABLISHMENT
Boundary pegs.
Building lines.
Toilet, huts and storage of materials as per the DHA.
Water, sewer and electrical connections –
confirmation required.
Shade cloth by the DHA, if applicable, at owners
cost.
Landscape proposal for site, including sidewalk, to
be forwarded to the DHA (to include any service boxes).
STAGE 4
1. Security procedures for contractors.
2. Approved plans with stamp, on site.
3. Inspections
* Excavation of Foundations
* Building lines
* Height of Ground floor slab
* Height of First floor slab before pouring
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* Setting out of First floor
* Height of Roof,
* Boundary Walls – Height, positioning, articulated.
4. Should the building change for any reason, deviation plans must be
submitted, as well as an additional scrutiny fee.
5. Ongoing inspections.
* Pool, Jacuzzi – water management;
* Plumbing and pipe work;
* Geysers, air conditioning units, satellite dishes;
* Water seepage;
* Telkom installation.
6. Cleanliness of site and surrounding areas.
7. Written consent from adjoining Owners of vacant erven, if storage to take
place on such erven.
8. Paint colour as per submitted samples.
Final inspection for cleanliness, erf number, post box, removal of
Builders’ Board and compliance with all REGULATIONS and schedules.
Presentation of Local Council Certificate of Occupation prior to release
of any deposits.
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11. ANNEXURE B
NEW HOUSE CONSTRUCTION
SAWGRASS / SPYGLASS HILL
REST OF DAINFERN VILLAGES
Plan Scrutiny Fees R 1 200 R1 800
Re-scrutinising and/or deviation plans,
per submission R 600 R 600
Administration R2 500 R2 500
Sidewalk Construction
Deposit
R3 000 R3 000
Builders Board R1 000 R1 000
ALTERATIONS AND ADDITIONS
All Villages
Up to 50 sq.m.
51 – 100 sq. m.
101 – 150 sq. m.
151 + Sq. m.
Plan Scrutiny Fees
R750 R750 R1 200 R1 800
Re-scrutinising and/or deviation plans,
per submission R600 R600 R600 R600
Administration R500 R1 000 R1 500 R2 500
Sidewalk Construction Deposit R2 000 R2 000 R2 500 R3 000
Builders Board R1 000 R1 000 R1 000
Totals R3 250 R4 750 R6 200 R8 300
Or, as amended by the DHA from time to time.
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12. ANNEXURE C:
DRAFT CONTRACTOR AGREEMENT:
12.1. Commencement Date:
The contractor may not commence any on-site activity and/or
building until the plans have been duly stamped and endorsed as
approved by the Architectural Review Committee (ARC), the Local
Council and until all fees and the deposit referred to hereunder has
been paid to the DHA.
12.2. Time Limits for Construction -
The construction of improvements should begin in terms of the
Regulations, and in order to reduce inconvenience to neighbours and
unsightliness, construction should proceed without lengthy
interruptions, and should in any event be completed within one year
from the signing of this document for new houses and six months for
alterations and additions.
12.3. Discipline and Control of Labour
The contractor is responsible, al all times, for the discipline and
control of any labour or sub-contract labour on the works and, in
addition, shall be liable for any loss or damage caused to any
person or property on the Estate by any supplier of materials or
any other person instructed or employed by the contractor in
respect of the works. The contractor undertakes to ensure that
any such supplier; contractor or labourer fully appreciates and
understands both the provisions of this agreement and any
further Rules and regulations that the DHA may impose from
time to time.
The contractor and employer acknowledge and undertake to
adhere to the Architectural, building, Security or other Rules, as
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formulated by the DHA from time to lime, or incorporated in this
document or any further controls or instructions which may be
implemented by the DHA, from time to time.
The Contractor will be responsible for all sub-contractors and
others attending on site. In particular, and without limitation
thereto, any damage caused by the Contractor's employees,
sub-contractors, delivery vehicles or any other person attending
site at the instance of the Contractor or the employer will be
made good by the Contractor. Such damage includes but is not
limited to damage to kerbs, roads, streetlights, distribution
boxes, plants, irrigation systems or any other private property in
the immediate vicinity of the erf.
12.4. Building Site Requirements
Prior to and at all times during the construction of the works, the
contractor shall: -
have a copy of the working drawings and plans of the works, as
approved by the DHA and the local authority, in the contractor's
possession, which plans must be available at site for inspection
by the DHA during normal working hours;
prior to the commencement of the construction of the works,
provide written proof to the DHA that the water connection has
been made by the Local Council (City Water);
Agree with the DHA the contracted waste removal company for
the removal, from the site, and the works, on a weekly basis, of
building rubble (excluding the removal of soil from the clearing
of sites or cuttings), the fee for which will be determined by the
DHA from time to time and paid prior to the plans being
approved;
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ensure that the site is neat and free of any litter or other
unsightly waste or rubble material al all times. The contractor
must ensure that a waste skip is brought on site and that all
rubble is placed in the waste skip which must be situated
adjacent to the road, to facilitate easy access by the rubble
removal contractor;
Provide a suitable and properly operational water-borne toilet on
the site and ensure Iha! the toilet is maintained in a neat,
hygienic and working condition at all times. If the DHA
determines that the installation of a water-borne toilet is not
feasible, the DHA may consent lo the installation of a chemical
toilet instead of a water-borne toilet. The toilet is to be
established and fully operational prior to the commencement of
construction of the works and shall be screened from public
view. If the toilet is not screened timeously and to the
satisfaction of the DHA, ii will be screened by the DHA and the
cost thereof will be debited against the Sidewalk Deposit.
Toilets may not carry any advertising;
not store any building material, rubble or soil on any adjacent
property unless the contractor has obtained the prior written
consent of the owner of such adjacent property and a copy
thereof has been delivered to the DHA. In addition, the
contractor shall be obliged tore-instate the adjacent property to
its previous condition, after removal of the materials, to the
reasonable satisfaction of the Estate Manager;
not load or off-load any material on or permit any persons
employed on the site lo interfere with the golf course in any
manner; or any DHA controlled areas
erect a standard size contractor's board supplied by the DHA on
the site, which board shall display the name and telephone
number of the contractor. Advertising of any kind i.e. For Sale,
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To Let, is not permissible on the contractor's board. Boards are
to be removed on completion of the building operations. No
other advertising may be erected on the site.
ensure, where the site borders on the golf course, that no
vehicles be allowed onto the golf course side of the site and that
a working space on the golf course side of the erf shall encroach
no further than 1 metre onto the golf course. The contractor will
further properly and correctly erect a green shade cloth screen,
of a minimum of 1.5 metres in height, in order lo screen off the
building activities from the golf course and other public areas;
to erect a builder's hut of a design and construction in dark
green approved by the DHA and which is as aesthetically
pleasing as possible. The hut may display one (1) only company
advertising board i.e. 'Rent-a-Shed" or similar. In addition, the
Contractor shall agree with the neighbours (i.e. adjoining
owners) the location of!he builder's hut and the position of the
toilet referred to in clause 3.5hereof.
General site requirements areas as follows: -
12.4.11.1. A closed off area or space where workers can change and
store clothes and food stuffs;
12.4.11.2. No smoke generating fires;
12.4.11.3. A screened toilet and wash up area.
12.4.11.4. No double stacking of bricks will be permitted on either;
12.4.11.4.1. the building site; and/or
12.4.11.4.2. the sidewalk, without first clearing with the Estate
Manager.
Variation of Approved Building Plans
The parties acknowledge that the DHA will enforce compliance
with the Architectural Rules and any other instructions and
regulations in respect of the construction of any works on the
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Estate. Should the contractor receive instructions from the
architect or the owner to deviate from the plans approved by the
DHA, the contractor shall be obliged to immediately advise the
DHA's Building Controller in writing, of the nature and detail of
the deviation so as to permit the DHA the opportunity to
consider the deviation or the deviated plan in the light of the
DHA's requirements. The contractor shall not commence
construction of any deviation in the works until the DHA has
consented thereto in writing or until a revised deviation plan is
approved in writing. Failure to remedy the above within seven
(7) days of notice of the deviation will result in stopping all
works, the suspension of access cards and the imposition of
fines until the works have been approved by ARC
12.5. Access Control and Hours of Work
The parties acknowledge that the control of access to and from
the Estate is critical to the proper functioning of the security
arrangements on the Estate. In the event that the DHA's Rules
and regulations and in regard to access and security are not
being adhered toby the contractor and after the contractor has
received written notice in terms of clause 6, to rectify its failure
to adhere to the Rules, the DHA shall be entitled to refuse the
contractor, its sub-contractors, employees or invitees access to
the Estate.
12.6. Access Control and Speed Restriction
The access control arrangements may be varied at the sole
discretion of the DHA, from time to time, and on reasonable
notice to the employer or contractor. No access cards will be
issued prior to the stipulated fees and deposits being paid
Contractors' attention is drawn to the strict adherence d
the40kph speed limit stops streets and pedestrian crossings.
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12.7. Hours of work and deliveries:
Hours of Work
12.7.1.1. Weekdays - 07h00 -17h00 Saturdays- 09h00-12h00
12.7.1.2. All labour is to be off the Estate 30 minutes after finishing
times.
12.7.1.3. Working hours for the Christmas recess will be set annually
by the DHA based on circumstances at the time.
12.8. Deliveries
No deliveries will be allowed onto the Estate 30 minutes or less
before finishing times on weekdays.
12.9. No noise generating activities on Saturdays i.e. Compressor/Kango,
heavy drilling or planning, the pouring of slabs that require pumps or
vibrators, construction equipment- TLB, Dozers, tippers etc.
12.10. The DHA will issue any labourer entering the Estate with a
"contractors labour access card once the prescribed fee and
completed documentation has been received. Contract labour are
required to any such access card at all times whilst on Estate
property and will be required to produce the card when asked by any
official of the DHA or Security. All contract labour are required to
adhere to all security procedures pertaining to the Dainfern
Homeowners Association which procedures may be amended from
time to time.
12.11. Where weekends start with a Public Holiday on a Friday it is deemed
to be a long weekend and the Saturday is included in the 'long
weekend". No building activities of any nature will be permitted on
the Estate on Sundays and Public holidays.
12.12. Nothing in this agreement shall be construed as a warrantee of the
security of any person or property on the Estate, the DHA making no
such warrantee whatsoever.
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12.13. Breach
In the event of the owner, architect, contractor or employees of
the contractor breaching any of the provisions of this agreement
or any other Rules, regulations, instructions or resolutions of the
DHA, the DHA shall give such party 7days notice in writing
delivered either by fax or by hand, to remedy the breach, failing
which the DHA shall be entitled to:
12.13.1.1. Deny such party, its contractors or sub-contractors,
employees or invitees access to the Estate; and/or “the
parties” in which case the owner shall not be entitled to
continue construction. In the event the DHA will endeavour
to meet with the relevant parties in an effort to obtain
undertakings to abide by the contract. terms and conditions
of this agreement, in which even the DHA may, in its
discretion, reinstate this agreement but only in respect of
12.13.1.2. the completion of the works. Until the agreement is
reinstated, the construction of the works may not continue
and shall cease.
In the event of the agreement being cancelled and reinstated in
terms of 6.2, the contractor shall be entitled to complete the
works but shall not automatically be permitted to construe any
further work on the Estate.
12.14. Rubble skips are required to be on all building sites
