Embed Size (px)
Citation preview
PINEHAVEN COUNTRY ESTATE FEBRUARY 2018
PAGE 1
NEWSLETTER
PINEHAVEN COUNTRY ESTATE FEBRUARY 2018 NEWSLETTER
CHAIRMAN’S REPORT Dear Residents, Greetings all, just a short note from all the Directors of the Board, we hope that you all had a well-deserved break over the festive season and travelled safely from your holidays and ready to tackle the 2018 with a Vengeance. Following the holiday season, we are happy to inform you that during the month of February the suppliers will be installing the park equipment and the project will be completed by month end. The equipment will be installed in all our parks as discussed at the AGM. We again urge you as residents to please make contact with the relevant Director or myself should you notice any problem within our estate.
Kind Regards [email protected] Mark Oosthuizen Chairman
SPECIAL POINTS OF INTEREST
Rules for Pets Applications for Estate Agents
INSIDE THIS ISSUE Chairman Report Page 1
Compliance Report Page 2
Legal Report Page 2
Electrical Report Page 4
Security Report Page 5
Infrastructure Report Page 5
Aesthetics Report Page 6
Communication Page 8
PINEHAVEN COUNTRY ESTATE FEBRUARY 2018
PAGE 2
We would like to request residents to forward any photographs they have of our beautiful country estate to Beverley or Ruth to publish on our Pinehaven website gallery.
We are also looking for a photographer inside the estate who will be willing to assist us
with taking some photos of our entrance to publish on our Pinehaven website cover page.
COMPLIANCE REPORT Dear Residents, The Board is currently reviewing the Code of Conduct. The next step will be to proceed and finalize the Roles and Responsibilities of all Directors. Kind Regards [email protected]
Sorita Coetzee Director: Compliance
LEGAL REPORT Dear Residents, There is not much to report on from the legal portfolio. I thought it could be useful to chat about the execution process against immoveable property as it happens from time to time in an estate. WARRANTS OF EXECUTION AGAINST IMMOVABLE PROPERTY When and how are these warrants issued? The warrants are issued at the Magistrates Court or High Court where a creditor has obtained a civil money judgement. Even though immovable property can be acquired by cash sale, most people acquire it by means of applying for a mortgage bond (loan) from a bank (or financial institution). For many people this is the most valuable asset they own, which as a result (whether mortgaged or not), is often the only or most feasible asset for creditors (or the bank) to attach in settling a debtor’s (home owner) outstanding debts.
PINEHAVEN COUNTRY ESTATE FEBRUARY 2018
PAGE 3
The constitutional right to housing The Constitution of South Africa (hereafter referred to as the “Constitution”), is the supreme law of our country thus, all laws must be in compliance therewith. In terms of section 26 of the Bill of rights, everyone has the right to housing. Accordingly, the enactment hereof has resulted in many changes in the law relating to housing (in general) and has affected the process of evictions, and the issuing (and execution) of warrants of execution against immovable property. Limiting the Constitutional right: warrants of execution against immovable property However, no constitutional right is absolute in terms of section 36 of the Constitution, which is often referred to as the limitation clause. This means that under certain circumstances a person’s right to adequate housing in terms of section 26 thereof, can be limited and a court may make any order in accordance therewith. In practice, a court can make an order limiting the provisions of section 26 by issuing a warrant of execution against immovable property. Thus, the process acquiring the above is as follows - the (judgement) creditor after obtaining the court’s judgement will enforce the said judgement by applying (first) for a warrant of execution against movable property (that authorises the sheriff to attach assets such as cars, household contents, electronics, etc) to be issued. In cases where the attached movable goods do not satisfy the debt (in total), the creditor may apply that A warrant of execution is usually issued once a court has reached / entered a judgement against a debtor and is essentially a document issued by the clerk (or registrar) of the court that authorises the sheriff to attach and remove certain assets to settle judgement debts. A warrant of execution against immovable property be issued (which authorises the sheriff to execute judgement against the debtor’s house).In Jaftha v Schoeman 2005 (2) SA 140 CC the constitutional court declared that: “the provisions of section 66(1) of the Magistrates Court Act 33 of 1944 was unconstitutional and ordered that the words be read into the section to the effect that a warrant of attachment of immovable property on receipt of a nulla bona return in respect of movable property could only be issued by a court after consideration of all the circumstances.” It was further held, in this case, that a relatively small debt does not justify a warrant of execution against immovable property to be issued by court. In the case of enforcing the bank’s rights to receive payment in terms of a mortgage bond, it was held in Standard Bank of South Africa v Saunderson and others 2006 (2) SA 264 SCA that unless, the mortgagor can show that his rights are infringed upon in terms of section 26 of the Constitution, the bank concerned does not have to justify the granting of an order to declare the property executable.
PINEHAVEN COUNTRY ESTATE FEBRUARY 2018
PAGE 4
However, where the amount outstanding on a bond can be settled by the sale of movable property the bank must inform the court hereof. Thus besides considering the restrictions abovementioned, warrants of execution against immovable property will only be issued, when the following elements have been considered by court:
1. the amount of the arrears, 2. whether or not the property was acquired by means of a state subsidy, 3. whether the property is occupied (or not) and whether it is used for residential or commercial
purposes,
4. whether the debt in question was incurred as a result of acquiring the property. Besides having to comply with the court rules, these applications must further contain a note regarding the debtor’s rights in terms of section 26 of the Constitution. Conclusion: The court will on application grant an order to sell a house even if there is a bond over it and after considering the owners constitutional rights.
Kind Regards [email protected] Alan van Quickelberger Director: Legal
ELECTRICAL REPORT Dear Residents, The year 2017 was the year in which the electrical infrastructure was brought up to standard and many thanks to Gerrit Bronkhorst for his contributions in this regard. Routine maintenance will be carried out over the next two months to ensure that all remains in tip top shape so that the probability of a major mishap occurring is kept as low as possible. The maintenance may require that the electricity supply to the estate is interrupted once or twice. As always, Beverley will inform residents timeously. Mogale City announced more than a year ago that a charge on reactive power would be levied on bulk consumers such as Pinehaven. This charge was implemented recently and the cost to the estate amounts to R10 -15K per month. The feasibility of installing power factor correction equipment which could vastly reduce these charges is under investigation.
PINEHAVEN COUNTRY ESTATE FEBRUARY 2018
PAGE 5
Finally, a request to residents: Please do not run electrical equipment such as swimming pool pumps, which may just as well be run at other times of the day, between 6pm and 8pm. The estate pays a penalty for high peak electricity demand and our maximum demand inevitably occurs between these hours. You do not see this on your monthly bill but we, the residents, pay for this anyway.
Kind Regards [email protected] Mark Goossens Director: Electrical
SECURITY REPORT Dear Residents, The Festive season went off very well and no security related incidents were reported. We are meeting regularly with our security companies to see where we can improve on security where possible. One of the key areas remains the entrance and the access especially for guests coming in to the estate. We welcome any recommendations and suggestions and request you to please forward these through to me.
Kind Regards [email protected] Diaan van Wyk Director: Security
INFRASTRUCTURE & IMPROVEMENTS REPORT Dear Residents, The Board of Directors would like to advise the residents that Gerrit Bronkhorst, Director of Infrastructure and Improvements has resigned from the Board. A subcommittee has been set up to take over this Portfolio, we have had our first meeting and we are busy planning the tasks for 2018.
PINEHAVEN COUNTRY ESTATE FEBRUARY 2018
PAGE 6
AESTHETICS REPORT Dear Residents, I would like to remind residents of the following; When planning to do alterations/additions to your property you need to get the plans approved by the Aesthetics Committee. All alterations/additions must be approved by neighbours. The Aesthetics Committee will not consider any plans without the signatures of neighbours on the plans for the proposed alterations. Alterations/additions may not commence until the plans are approved by Mogale City. Ensure you are aware of the Estate rules i.e.: Building lines. What you may and may not do e.g. If you would like to build a carport, what structures are allowed and what structures are not allowed. Approval process required by the State and Mogale City Ensure your contractor and his workers are registered in terms of the security rule to allow them to come onto the Estate.
All the best [email protected] Justin Campbell Director: Aesthetics
ESTATE AGENTS Please take note that all Estate Agents wishing to offer their services in Pinehaven Estate must apply to the Board for approval and ensure that they are fully aware and up to date with the rules of the estate.
PINEHAVEN COUNTRY ESTATE FEBRUARY 2018
PAGE 7
PET RULES The local authority by-laws, as may be amended from time to time relating to pets will be strictly enforced. Where a conflict exists between the provisions of such by-laws and these Rules, these Rules shall take precedence.
Residents may not keep more than two dogs and / or cats on their Property without the written approval of the Directors.
No poultry, pigeons, aviaries, wild animals or livestock may be kept on the Estate.
Residents shall ensure that their pets do not cause any nuisance or disturbance of the peace or roam the Common Property unless leashed and properly controlled when on the Common Property.
Should any excrement be deposited on the Common Property, the immediate removal thereof shall be the sole responsibility of the pet owner.
Every pet must wear a collar with a tag indicating contact details of its owner. Stray pets without tags will be captured and handed over to the relevant authorities.
Pets must be neutered, spayed or similar and must be regularly inoculated.
The Directors reserve the right to request an owner to remove his pet should it be a nuisance within the Estate.
MAINTENANCE OF PROPERTY AND STREETSCAPE
An owner must maintain the external appearance of his or her Property, including the buildings, outbuildings, boundary and/or retaining walls or fences and any other improvements on their Property forming part of the streetscape, to the satisfaction of The Board.
An owner must at all times maintain his or her undeveloped Property in a neat condition and cleared of growth, rubble, refuse and litter.
Domestic and garden refuse bags may not be placed on the pavement except on official collection days. Two standard sized refuse bags will be collected from each Unit on Mondays to Fridays.
PINEHAVEN COUNTRY ESTATE FEBRUARY 2018
PAGE 8
All domestic and garden refuse shall be placed in plastic bags, sealed and placed on the pavement outside the Unit on the morning of collection day.
The HOA has the right to effect repairs at the cost of the owner should it be considered necessary if the owner neglects to respond to a written request by the Board to do so.
An owner must maintain his or her garden and the sidewalk between the curb and the boundary of his or her Property.
Owners are required to keep the area surrounding the electric fencing clear of and on their Property free of any obstruction within a one-meter radius of the electric fencing.
No trees or plants may be removed, cut or damaged on the Common Property and parks.
Owners shall at all times ensure that any object which could, in the opinion of the Board, be considered unsightly or to the detriment of the appearance of the Estate, shall not be visible from the street, from common areas or from other properties. Objects which should be screened from view include washing lines, caravans, wendy houses, swimming pool pumps, TV aerials, satellite dishes, refuse and garden refuse.
The owner or occupier of a Unit shall not place or do anything on any part of that Unit, including balconies, patios and gardens which, in the discretion of the Board is aesthetically displeasing or undesirable when viewed from the outside of the Unit.
The occupants of a Unit shall ensure that all windows and entrances in view of other residents and passersby shall be adequately and appropriately covered to ensure and protect the privacy of all concerned.
No auctions or jumble sales may be held on the Common Property.
COMMUNICATION REPORT Dear Residents, We would like to update all photographs on the Pinehaven website and would like to request residents to please forward any photographs they have of our beautiful estate to Beverley or myself to publish on our website. We are would like to offer all our residents the opportunity to place a “Free Classified” in our Newsletter. Each advert will be limited to 2/3 lines. The Board of Directors and our Chairman strive to ensure open communication between ourselves and the residents. Residents of Pinehaven are encouraged to email any comments or suggestions through.
PINEHAVEN COUNTRY ESTATE FEBRUARY 2018
PAGE 9
Our official form of communication will be done via email as well as uploading all documentation on
our website. Kind regards [email protected] Ruth Blank Director: Communication A detailed voice clearance guide is available on the Pinehaven website to download.
FREE CLASSIFIEDS
“Adults or Kids offering tuition in the following subjects: English, Afrikaans, Maths to Gr 6 and Gr 7 learners, please WhatsApp 083 781 7580 and provide the tuition fees per subject if interested. Thank you.”
PINEHAVEN COUNTRY ESTATE FEBRUARY 2018
PAGE 10
PINEHAVEN COUNTRY ESTATE FEBRUARY 2018
PAGE 11
PINEHAVEN COUNTRY ESTATE FEBRUARY 2018
PAGE 12
