BUNDLE OF ANNEXURES H TO J

1 | P a g e

BUNDLE OF ANNEXURES H TO J OF THE DEED OF SALE

MONTE VISTA

The agent hereby certifies that this bundle of documents are the correct annexures to be read with and included in the deed of sale.

Annexure H Gateway Manor Home Owners Association Rules & Articles of Association

Annexure I Monte Vista Body Corporate Conduct Rules

Annexure J Monte Vista Body Corporate Management Rules & Parking/Garden Schedule

SITE DEVELOPMENT PLAN

ANNEXURE H

GATEWAY MANOR HOME OWNERS ASSOCIATION RULES & ARTICLES OF ASSOCIATION

2 | P a g e

GATEWAY MANOR HOUSE RULES

IT IS THE DUTY OF EVERY OWNER/RESIDENT/AGENT TO FAMILIARISE THEMSELVES WITH AND ABIDE BY THE RULES OF CONDUCT.

1 INTRODUCTION

These Rules, which the Directors may change from time to time, have been established in terms of the Articles of Association of the Homeowners Association (HOA). They are binding upon all residents in the Estate, as is any decision taken by the Directors in interpreting these rules. The registered owners of the properties are responsible for ensuring that members and their families, tenants, visitors, friends, contractors and all their employees abide by the Rules.

The purpose of the rules is to further a peaceful and pleasant community life for all residents while maintaining a high standard in the estate’s appearance thus adding value to all properties in the estate. Applications for deviations from these rules must be submitted in writing to the HOA, whose decision will be final and binding.

The inclusion or omission of reference to any other restrictions on behaviour or ownership does not in any way alter the responsibility of every Owner to comply with each and every law, ordinance or by-law which may apply.

Furthermore, while the Trustees and management will make every reasonable effort to enforce the provisions of the rules, any failure on their part to pursue matters to finality shall not give rise to any claim (whether legal or otherwise) by any person against the Trustees or management or any other functionary of the GMHOA, who shall not carry any liability in this regard whatsoever.

Any owner has the right to take action themselves, whether civilly or criminally, against any person who is in breach of these provisions where the GMHOA has declined, in writing, to do so.

No owner shall at any time instruct, reprimand, interfere with or distract any employee, contractor or sub-contractor retained by GMHOA to provide security or any other service to the Estate, nor shall any owner touch, handle, tamper with or move any vehicle, machinery, tool, radio, computer or any other item used by such providers of service, irrespective of whether such item belongs to the association or not.

2 USE OF STREETS

2.1 The speed limit on all streets is 30 km/h. 2.2 The use of vehicles and motorbikes with noisy exhaust systems or engines are prohibited. Normal statutory traffic

laws are applicable in the Estate. 2.3 The Trustees have the right to prohibit the use of an unlicensed vehicle within the Estate. 2.4 All users of the roads within the Estate must practice restraint insofar as excessive engine noise, hooting and/

slamming of doors is concerned, particularly between the hours of 22h00 and 06h00. 2.5 Motor vehicle sound systems must be turned down when driving within the Estate. 2.6 Motor vehicles parked on roads and designated parking areas, are parked at the sole risk of the owner of the vehicle.

3 MAINTENANCE AND SIDEWALKS

All owners have a responsibility to:- 3.1 Develop and maintain the area between the road curb and their property boundaries; and 3.2 Maintain and paint, where necessary, property boundary walling; and 3.3 Ensure that caravans, wash lines, “wendy houses”, tool sheds, mechanical equipment or parts thereof and

accommodation for pets are sighted out of public view and screened from the street, as well as from their neighbours.

3.4 No trees, plants or sidewalk lawn may be removed without the permission of the HOA. Planting should not interfere with pedestrian traffic or obscure the vision of motorists. Preference should be given to the propagation of indigenous trees and plants over exotic specimens. No large rooted-trees may be planted on the sidewalks, within 3 metres of the roads.

3.5 If owners neglect their sidewalks the HOA will have the right to rectify the neglect and recover the costs from the owner within 7 working days of notification by the HOA.

3.6 All households need sufficient “Wheely Bins”, as approved by and obtainable from the local authority, for their refuse requirements. Wheely Bins shall be stored so as not to be visible from Common areas, except on refuse collection days.

3.7 Numerous open areas have been provided to enhance the residents’ lifestyle. Residents and their visitors should leave parks as clean as or cleaner than they found them. Picnics are encouraged, but the lighting of fires or braais is prohibited.

3.8 Playground equipment is to be used with care and only by children under the age of 12 years. 3.9 Generators, external air conditioning units and equipment must be concealed from view and noise levels must not be

a disturbance to neighbouring residents.

ANNEXURE H


3 | P a g e

3.10 Small satellite dishes and T.V. aerials shall be discreetly positioned wherever possible to meet the approval of neighbours and the board.

3.11 Swimming pool backwash must be connected to the sewer system and NOT to storm water drainage pipes or discharged directly onto the roadways.

3.12 When painting the exterior of your home, management must first be consulted to confirm that the colour selected falls within the approved range.

3.13 Save for motor vehicles parked on the road, no motor vehicles, boats, trailers, golf carts, garden furniture or any other item shall at any time be parked in parks, walk-throughs or any other common area without prior written consent of the Managements.

3.14 No golf carts, caravans or trailers of any sort may be parked within the estate for longer than 48 hours. 3.15 Because of limited space on the size of stands, no caravans, boats and trailers will be permitted on the Estate, unless

they are housed within a garage.

4 DOGS AND OTHER ANIMALS

4.1 Residents may not keep more than 2 pets (dogs or cats) per housing unit and have a responsibility to ensure that their dogs and/or animals are not the cause of disturbances during reasonable night time sleeping hours.

4.2 Dogs will not be allowed into open areas without the use of a leash. 4.3 Defecation of pets must be removed by the owner immediately otherwise a removal fee of R150.00 will be charged. 4.4 Owners/residents should address complaints of disturbances caused by dogs to the owner or person who provide

accommodation to the dogs, the SPCA or SAPS and copy the HOA. 4.5 No live poultry, pigeons, wild animals, livestock or similar may be brought onto or kept on the Estate at any time,

unless the by-laws make provision for such activity. 4.6 Fireworks are not permitted on the Estate. 4.7 Every pet must have and wear a collar and tag indicating contact details of the owner and/or a SPCA tag.

5 ESTATE SECURITY

5.1 In the interest of providing an effective security system, the rules relating to security as laid down by the Directors from time to time shall be adhered to at all times, and residents shall at all times treat the security personnel in a co-operative and patient manner.

5.2 Experience has shown that when there is construction in an estate, the residents are more vulnerable. Together with the security company, the HOA has adopted a strict strategy to monitor builder access and activities to ensure the safety of residents and their property. In line with this strategy, the HOA has approved and accredited 3 registered building contractors who will conduct all construction in the Estate according to the Estate Rules and requirements. No owner/builder or owner/sub-contractor situation will be permitted by the HOA.

5.3 Estate security is designed to function as follows:- 5.3.1 to provide an access control system. (Residents are ultimately responsible for their own safety and protection

of their own private property); 5.3.2 access control will be manned 24 hours per day; 5.3.3 on application residents will be issued with access at a fee determined by the Directors from time to time –

the security guard will allow vehicles with residence sticker’s access to the Estate; 5.3.4 residents who are not in possession of a resident sticker must sign the Access Control Register every time

they wish to enter the Estate; 5.3.5 contractors having business in the Estate together with their permanent and temporary workers will be

issued with temporary contractor’s access permits and temporary contractor’s employee access permits. There are special conditions applicable to contractors, a copy of which is obtainable from the HOA. A fee determined by the Directors from time to time is payable in respect of these access permits;

5.3.6 where possible, the security access control at the gate should be advised in advance of the pending arrival of visitors, and particulars relating to vehicle registration numbers and property to be visited;

5.3.7 at night, the Estate will be patrolled by security guards; 5.3.8 all residents, tenants, night watchmen and other persons who reside in the Estate must register with the

security centre and complete the required data sheets; 5.3.9 the perimeter wall and electric fencing serve as a deterrent and detection function and are not guaranteed to

prevent a determined attempt at intrusion into the Estate. 5.3.10 No contractors or their staff will be allowed to stay on the Estate outside the allocated construction hours and

days. Workers must be transported in and out and supervised on site by the contractor. 5.4 Residents are strongly discouraged from employing unknown casuals, gardeners and/or other categories of casual

workers in the Estate. Identity documents are compulsory for entry into the Estate and a copy must be retained by the resident.

5.5 No firearm, pellet gun, catapult, bow and arrow or any other weapon may be used on the Estate, without the approval of the Board.

ANNEXURE H


4 | P a g e

5.6 For Security and control during the Estate’s development period, the HOA will only permit a maximum of 3 developers to actively build on the Estate at one time. One developer must exclusively build Res 3 apartments only and two developers may exclusively build on Res 1 and 2 stands only.

6 PRIVATE SECURITY

6.1 Residents/Owners are welcome to employ private security companies should they wish to do so; this however in no way excludes them from membership obligations as members of the HOA. Residents/Owners are reminded that personal security remains the responsibility of each Resident/Owner.

6.2 Residents/Owners must ensure that security board size may not exceed ISO A3 parameters. 6.3 No more than 1 (ONE) ISO A3 security board may to be placed on the perimeter walls of an Erf. The HOA will remove,

and dispose of any excess boards. 6.4 Should residents wish to install extra security measures on their property; these must not include a siren, as sirens

are not permitted on the estate. 6.5 The installation of burglar bars and trelli doors will be permitted on the inside of the windows/doors. The board

must be provided with the design, colour and details for approval. 6.6 Where trelli doors and security doors cannot be fitted on the inside as provided for in Rule 6.5, a request can be

made to the board to approve an outside fitted security door. Balconies may not be enclosed with security doors.

7 SELLING, RESELLING AND LETTING OF PROPERTY

The following rules shall be applicable to the selling, reselling and letting of property in the Estate:- 7.1 the SELLER/lessor of property must ensure that their estate agent registers with the Homeowners Association by

submitting the prescribed application form prior to commencing with any selling, reselling and letting activity; 7.2 the SELLER/lessor of property must ensure that his or her estate agent makes the Gateway Manor House Rules

available to any prospective buyer/tenant and provides the HOA with signed proof that a copy of these has been received by the buyer/tenant;

7.3 estate Agents must operate on an “On Appointment” basis and must personally accompany prospective buyers/tenants into the Estate;

7.4 properties are to be on show over weekends, agents must advise the Estate Supervisor of the details of the property before 12H00 AM on the Thursday preceding the show weekend. The onus will be on the agent to ensure that the information provided is correct. The Estate Supervisor will advise each agent of the number of pointer boards which may be erected on the sidewalk on that weekend in respect of each property. This signage can only be erected after 12H00 on a Friday and must be removed by 10H00 the following Monday. Failing to adhere to this the Estate Supervisor will remove and impound the boards and impose a penalty payable by the agent before the boards can be returned;

7.5 it is the responsibility of owners to ensure that NO “for sale” or “to let” board be erected on their property; 7.6 illegal boards will be removed by the HOA, and disposed of. 7.7 Should a tenant breach the Estate rules, the GMHOA or management may take such action as they deem necessary or

expedient at the cost of the offsite Owner concerned, to rectify the situation. 7.8 A clearance certificate must be obtained from GMHOA at a cost which will be advised by GMHOA on application and

which may change from time to time. 7.9 Any written approval in terms of the rules granted to the SELLER (in case of a re-sale) or lessor, prior to the time of

sale or lease must be communicated to the buyer or lessee at the time of purchasing or lease. Failing this approval, the buyer or lessee will have recourse against the SELLER or lessor and not against GMHOA.

7.10 Should any owner let their property they shall, in writing, advise GMHOA of the name, contact number of the lessee, and the lease period. The owner is obliged to inform the lessee of the Estate rules and regulations and bind the lessee to conform therewith. A copy signed by the lessee must be delivered to the Estate Office prior to occupation.

7.11 The exclusive developer of the residential 1 and 2 properties and building packages has been given permission by the HOA to employ a fulltime sales team on site with a sales office, show house and the relevant sales material and bill bards both outside and on the estate. The developers of the residential 3 properties have also been given permission to market their properties on a view and show basis as well as bill boards at the entrance.

7.12 The HOA will only permit one sales agent or one developer to have a sales office on the Estate.

8 GENERAL MATTERS

8.1 Levies

8.1.1 All levies are due and payable in advance on the first day of each calendar month. 8.1.2 Interest will be raised on all accounts in arrear at an interest rate determined by the Directors from time to

time. 8.1.3 The Directors may levy a penalty for the issuing of letters of demand at a rate determined by the Directors

from time to time.

ANNEXURE H


5 | P a g e

8.1.4 The Directors will hand over for collection all outstanding levies 45 (forty five) days and over, plus the defaulting owners current levies, interest and penalties. Costs will be for the account of the owner.

8.1.5 The Directors can approve the temporary disabling of access permission if the levies payable by an owner are in arrears. Such owner will only be allowed access to the Estate after completing and signing of the Access Control Register. Access will be enabled by the Estate Manager within 24 hours after proof has been provided that the full outstanding account has been settled.

8.1.6 No construction may take place or continue if and when levies are in arrears. 8.1.7 The board would like to encourage all members to pay their levies via debit order. This method will assist in

the smooth running of the collection of levies as well as creating harmony between the managing agents and the members.

8.2 Amendments to the Conduct Rules

The Directors may amend or add to the Estate Rules from time to time, which will be distributed to members.

8.3 Continued Contravention of a Rule

The Directors reserve the right to take any action they deem fit in the event of a continued contravention of a rule. Such action can include rectification by the HOA, the cost of which will be charged to the transgressor, or the imposition of a penalty and subsequent legal action or the withholding of clearance certificates. Legal costs incurred by the HOA in respect of any legal steps taken against an owner to remedy a breach will be for the account of that owner on an attorney and client scale. Penalties range between R100,00 to R5 000,00, to be determined by the board of trustees.

8.4 Interference with the Electric System or Perimeter Wall

No large trees, shrubs and/or any plant may be planted against or in close proximity of the perimeter wall so as to interfere with the proper functioning of the security and/or security system. Any plant which interferes with the security or security system can be removed by the HOA, or the HOA can order the removal thereof. No unauthorised person may interfere with the electric security fence which is located on the top of the perimeter wall. The security fence should be considered dangerous at all times. The perimeter wall and electric fence are the property of the HOA. The perimeter wall should be plastered and painted in line with the Estate colours. No resident or owner is entitled to damage or change the electric fence, notwithstanding the fact that they may be erected on his/her property, without the written permission of the HOA.

8.5 Disturbances

8.5.1 The volume of music, the playing of musical instruments, and of parties, by owner/residents must be limited to a level which will not cause a disturbance to neighbours, and must cease at 22:00 on Sunday – Thursday, and at 24:00 on Fridays and Saturdays. After these times noise must not be audible outside the residence.

8.5.2 Owners/members must address complaints of disturbances to the person causing such disturbances, the municipality or SAPS. Any noise above 6,5 decibels is considered a disturbance.

8.5.3 When planning a party at home, exercise courtesy and consideration and inform nearby neighbours and endeavour to cease activities by midnight, ensuring a quiet departure of guests. The frequency of parties should not affect fellow resident’s lifestyle.

8.6 Address

It is the responsibility of owners to ensure that the Homeowners Association have their correct residential and postal address as well as fax and e-mail address. The Homeowners Association must be informed immediately of any change to these addresses.

8.7 No residence is permitted to be used as a commune, as defined in the town planning by-laws. 8.8 Owners may not use or permit the use of his / her residence for any purpose which is injurious to the good

reputation of Gateway Manor Estate or indulge in or permit any immoral behaviour which is offensive to other Owners and / or damaging to the good reputation of the Estate and that does not comply with the law of the land.

8.9 use of noisy mechanical equipment, including but not limited to, power saws, angle grinders, lawn mowers etc, may only take place during the following times: 8.9.1 Monday – Friday 07h00 – 18h00 8.9.2 Saturday 08h00 – 18h00

8.10 While the Estate is still being developed, resident owners (i.e. Residential 1 and 2 owners living in their homes) will be entitled to 6 votes at any annual general meeting or special general meeting.

8.11 Owners/tenants are required to dispose of their boxes when moving into the estate offsite, and not at the refuse points provided.

8.12 Owners/tenants may not at anytime place refuse bags and boxes outside their homes in view of the public areas and other residents.

9 CONTROL OF BUILDING ACITIVITIES

ANNEXURE H


6 | P a g e

9.1 Legal Status

The rules governing building activities, some of which are set out below, are adopted by the HOA and are therefore binding on all owners. These rules should be read in conjunction with the Gateway Contractors Rules and the Gateway Architectural Guidelines. Furthermore, each owner is obliged to ensure that his contractor is made aware of the rules and complies with them. Owners should therefore include the rules in their entirety in any building contract concluded in respect of property on the Estate. The HOA has the right to suspend any building activity in contravention of any of the rules and accepts no liability whatsoever for any losses sustained by a resident or his contractors as a result thereof.

9.2 Building Rules

9.2.1 Building activity is only allowed during the following public time hours: Normal weekdays 07:00 – 18:00; Saturdays 08:00 – 15:00 Note: No building activity is permitted on Sundays and Public Holidays without special permission, as these days are viewed as private time. Applications for special permission for any building activity during private time should be lodged with the HOA, together with the written approval of all adjacent neighbours, two weeks prior to the required private time activity.

9.2.2 During private time, the Contractor will not be allowed any representatives on site. Private time is defined from 18:00 to 07:00 weekdays and 15:00 Saturdays to 07:00 the following Monday. Written application for any deviations must be lodged with the HOA on the prescribed form.

9.2.3 All Contractor workers and/or the sub-contractor workers must enter the Estate in an authorised vehicle and must be issued with an access permit. The contractor must complete the requisite Estate Access Control Register and lodge original identity documents with security, which is returned when leaving the site.

9.2.4 The Contractor shall provide facilities for rubbish disposal (rubble skip) and ensure that the workers use the facility provided and that the rubbish is removed weekly or when full and not burnt on site. Refuse not removed on a regular basis will be removed by the HOA and the costs thereof will be recovered at the discretion of the HOA from the owner or/and the contractor.

9.2.5 Where materials off-loaded by a supplier encroach onto the pavement or roadway, these materials must be moved onto the site by the Contractor. No materials must be allowed to remain on the roadway or pavement and it is the Contractor’s responsibility to clean the roadway of all such materials. The same applies to sand or rubble wasted or moved onto the road during building operations. Materials not removed will be removed by the HOA and the costs thereof recovered at the discretion of the HOA from the owner of the stand or/and the contractor.

9.2.6 The site is to be kept as clean as possible of building rubble, with regular cleaning taking place during building operations.

9.2.7 Owners will be held liable for any damages caused by contractors, their vehicles, building activity or suppliers to the roads, manholes, electricity boxes, landscaping, etc., including but not limited to sidewalks or any property of the HOA or Council.

9.2.8 Deliveries from suppliers must be scheduled in public times. Owners/Contractors or their representatives must be present on site to confirm access and receive the goods.

9.2.9 If construction takes place adjacent to existing dwellings, the Contractor should make every effort to respect the privacy of the neighbours, and generally to reduce inconvenience as far as possible.

9.2.10 Should the contractor contravene these rules and fail to remedy such contravention despite demand, the HOA reserves the right forthwith and without notice to suspend any building activity and restrict access until such contravention has been rectified.

9.2.11 The Contractor should undertake to comply with the above rules in addition to any further controls, which may be instituted by the HOA from time to time in the form of a written notification, and to ensure compliance by any sub-contractor employed by the Contractor.

9.2.12 The contractor shall at all times be responsible for the conduct and behaviour of his employees, sub-contractors and visitors and shall take immediate steps to stop any conduct and/or behaviour which the HOA may in its sole discretion deem undesirable.

9.2.13 No provision has been made for servant quarters or live in servants. The H.O.A. does not permit these facilities on the Estate.

9.2.14 No plans will be approved for houses without adequate off street parking for 1 (one) vehicle, nor (without the consent of the trustees) will plans for houses without one complete garage or carport be approved. Garages and carports must be constructed and finished to match the main house and must be attached to the main house (not free standing).

9.3 Building Deposits

A refundable, prescribed building deposit of R10, 000.00 shall be paid by each owner to the HOA before commencement of any building activity. A refundable deposit of R5 000.00 shall be paid to the H.O.A. for alterations/additions which includes boundary walls, swimming pools etc. The refundable deposit will be kept in trust for the duration of building operations to cover the costs should the owner or the building contractor or his employees or suppliers:

ANNEXURE H


7 | P a g e

9.3.1 damage the road, curb, sidewalk or any other portion of the property of the HOA or Council and/or; 9.3.2 fail to remove during building operations or on completion thereof, any rubble or building material left on

the site, sidewalks and adjoining vacant erven; 9.3.3 Only verifiable actual costs incurred by the HOA will be recovered from a deposit. A standard cash slip,

statement or receipt produced to ensure that building operations are organised so as to minimise the unsightly dumping of material on the sidewalk or the road.

9.3.4 The building deposit or unutilised portion thereof will be refunded, free of interest, within a reasonable time to the owner after receipt of a written request by the HOA on completion of the building construction and when not required to cover the items 9.3.1 , 9.3.2 and 9.3.3 above.

9.3.5 The H.O.A. reserves the right to waive any deposit fees mentioned in 9.3.

9.4 Architectural Standards and Guidelines 9.4.1 Introduction

The purpose of these guidelines is to define the architectural language and landscaping framework for Gateway Manor. A high quality lifestyle within the South African context will be provided for the residents in this beautiful natural African setting, cradled between the Magaliesberg Mountains and the Hartbeespoort Dam. It is the developer’s intention and aim that the Gateway Manor Development will consist of 3 Architectural styles. The styles are varied so as to accommodate each homeowner’s individuality, while at the same time fostering a unity of materials and finish to ensure that the overall development harmonizes to create a balanced lifestyle for all residents.

9.4.2 Architectural Styles: Traditional Tuscan has been maintained as a style in keeping with the existing house types in the development. Tuscan must be the style in Gateway West, or Portion 744, while the Residential 1 stands have the choice of Tuscan or Contemporary. Two Contemporary Styles - A more traditional version, which has a steeper double sided roof and a more modern version which has a shallow mono-pitch roof.

Traditional Contemporary

Modern Contemporary

ANNEXURE H


8 | P a g e

The above Architectural styles will be described in more detail in the Gateway Architectural Guideline schedules. All plans must be approved by the Gateway Manor Architectural Review Committee prior to Local Council Approval. The architectural guidelines define the intended character of the development. Individual creativity within a unity of materials and finishes is encouraged.

9.4.3 Treatment of Stand Boundaries In order to avoid the hostile and unsightly appearance of many residential areas, the following restrictions will apply: 9.4.3.1 Stand boundary Walling 9.4.3.2 No walling or fencing whatsoever may be erected on or parallel to the street boundaries of stands

without the prior written consent of the Trustees; 9.4.3.3 No walling or fencing other than a palisade fence of a design, height and finish approved by the

Trustees shall be permitted on or parallel to the boundary between stands and parks; 9.4.3.4 No walling shall, without the consent of the Trustees, exceed 1,8m in height. All walling shall be

plastered and painted on both sides, and shall be of a design and finish approved by the Trustees; 9.4.4 No security spikes, razor wire, electric shock wires or any similar devices shall be permitted except, with the

permission of the Trustees, on the perimeter of the Estate. 9.4.5 No person shall occupy (Whether temporarily or permanently), erect any improvements or make any

alterations whatsoever to the common areas within the Estate without the prior written approval of the Trustees. In particular, no vegetation shall be added to or removed from any park or landscaped area, nor may the contours of such areas be altered in any way. When considering granting permission for any alterations to the common areas, the Trustees shall be entitled to impose conditions relating, inter alia, to: the extent to which the proposed alterations will comply with the existing landscaping (e.g. indigenous

versus exotic); the extent to which the proposed alterations may prevent or discourage other owners from accessing

the area; the written acknowledgement by the owner concerned that no rights whatsoever will re acquired over

the area; and The obligation by the owner to remove the alterations immediately, at any time, and without

compensation, if so required by the Trustees. 9.4.6 Gutters, down pipes and any other item directed by the Trustees, in their sole discretion, shall be concealed

from view. 9.4.7 The installation of solar water heaters, solar power panels and evaporative air-cooling units on roofs is

permitted, subject to the following restrictions. 9.4.7.1 Such installations shall be considered to be building alterations, though no plan scrutiny fee or

sidewalk deposit will be required. 9.4.7.2 Plans or a sketch must be submitted as per 5.2 above. The scrutiny will relate to location and

ideally, the installation should not project above the highest point of the existing roof. 9.4.7.3 The color of the installation must not clash with the existing roof tile color(s), Terra cotta is the

commonly used roof tile color. 9.4.7.4 Installation shall only commence after written approval is granted. 9.4.7.5 As it is compulsory to have boundary walls, a new owner is obligated to share the cost of all

existing boundary walls that are applicable to his boundary with the existing neighbours. Palisade fences and walls parallel to the roads and parks are excluded. The new owner must pay a market related amount to be determined by the Board in consultation with the Estate Architect prior to taking up occupation of his/her home. The Board’s decision will be final.

9.4.7.6 If a stand is sub-divided it will be deemed to be two stands and the prescribed levy will then be applicable to each stand separately.

ANNEXURE H


9 | P a g e

9.5 GENERAL PROVISIONS

9.5.1 New house construction must commence within two (2) years from the date of registration of the first transfer of ownership or from the 1st August 2010, whichever is the later. This applies to stands bought and transferred before the 31st December 2010. All other land owners are obliged to follow the developer’s format of sale and construction agreements. Improvements must commence within one (1) year of approval of council drawings for additions. Penalties will be introduced by charging double monthly levies up to the date of practical completion. Building work must be completed within nine (9) months after commencement on new homes and three (3) months on alterations and additions.

9.5.2 The design of the dwelling unit and the entire stand must show sensitivity to the existing natural features, flora and topography. Permission must be obtained from the HOA before existing trees are removed and all existing trees, if any, are to be shown on the site plan. Surrounding structures and houses must be taken into account in the design process.

9.5.3 All drawings should be submitted to the HOA for approval before submission to Council or construction can commence. The HOA has appointed an estate architect to oversee all building activities and alterations to conform to estate requirements. All building plans must either be drawn up or passed by the estate architect with final approval from the HOA.

9.5.4 These rules are in addition to the standing National Building Regulations, Occupational Health and Safety Act and all other Local and National Authority Requirements, rules and laws.

9.5.5 Exception to the H.O.A rule 5.2 only applies to stands bought and transferred before 31st December 2010. In these cases the land owner has the option to consult with a registered NHBRC independent contractor. If one of the three Estate approved contractors can match the price of the outside registered contractor then the land owner will be obliged to use the Estate approved contractor. Confirmation of sufficient funds to complete the building must be provided to the board of trustees before approval and before construction can begin.

9.5.6 The HOA reserve the right to alter or amend these guidelines as the need arises.

9.6 GENERAL DESIGN GUIDELINES

9.6.1 The privacy of surrounding properties must be considered. As a general rule no windows or balconies on the upper storey should overlook the living space of the adjacent dwelling except from non-habitable rooms.

9.6.2 No dog kennels, caravans, boats or trailers are to be visible from the road and may not be placed in the restricted side space (buildings lines).

9.6.3 No pre-fabricated garden sheds or Wendy houses will be allowed on the Estate. Any additions to a property have to be approved by the HOA.

9.6.4 Awnings, air conditioning units, satellite dishes and other externally fitted equipment must be clearly shown and annotated on the drawings and approved by the HOA.

9.6.5 All plumbing and washing lines must be fully screened and not be visible from the street elevations and other elevations onto adjoining properties. In the case of flat roofs, all geysers must be installed inside the houses so that it is not visible from the outside.

9.6.6 No galvanized iron structures are permitted, including carports, except for the sectional title, Residential 3 areas where communal carports will be allowed providing they have a facia finish with an IBR roof. No shade cloth or any other covering will be allowed.

9.6.7 The minimum house size including a single garage may not be less than 107 square meters.

10 REFUSE REMOVAL

Refuse may only be placed on the sidewalk (in the council provided refuse bin) on the morning of the pickup day and the container must be removed within the same day after collection. If the refuse, for some reason, is not collected the container must be removed into the resident’s stand and be placed on the sidewalk when the next collection is expected.

11 ACCESS CONTROL

The entrance to the Estate has been equipped with an access control system for the safety of residents. The co-operation of all residents will ensure the successful operation of the system.

11.1 The Access System

11.1.1 Residents Residents currently gain access by registering their cell number with security and phoning a cell number to open the gate to their residence. Access is only authorised for residents. The system is currently under review and residents will be informed of any changes.

11.1.2 Contactors and Employees

ANNEXURE H


10 | P a g e

Contractors, gardeners and domestic workers are issued with an access permit to be shown at the security manned booms at the entrance to the estate. A clear photocopy of the applicant’s identity document must be provided to the Estate Manager for this purpose. The system is currently under review and residents will be informed of any changes.

11.1.3 Employees of Contractors Employees of contractors will only be allowed entry if accompanied by their employee or his duly appointed representative.

11.1.4 Visitors and Delivery Vehicles Visitors and delivery vehicles must complete and sign the access control Register before access to the Estate can be obtained. The driver of the vehicle will be issued with a “visitors permit” by the security officer. These permits must be returned to the security officer on leaving the Estate. Should a resident receive a visitor for a longer period than 24 hours security must be notified of the period at the time when the “visitors permit” is issued. Lost access permits must be reported to the Estate Supervisor immediately, so that they can be cancelled.

11.1.5 Issuing Of Access Permits Applications for access permits must be handed to the Estate Supervisor.

11.1.6 Costs of Access Permits An amount determined by the Directors from time to time will be charged for the issuing of access permits.

11.1.7 Permits No Longer in Use Permits, which become redundant, must be returned to the Estate Supervisor to be deactivated and/or destroyed. Please note that there is no refund for access cards and permits returned.

11.1.8 Arrivals at the Gate without an Access Permit Holders of access permits who arrive at the gate without a permit will not be allowed access, without completing the Access Control Register.

11.2 Application for Residents Access and Access Permits

Applications must be submitted in writing, the following forms are used for this purpose:-

11.2.1 Residents: Must complete the relevant form which is obtainable from the Estate Supervisor or Managing Agents indicating the cell numbers of residents requiring access. Regular non-residing workers must be in possession of an access permit.

11.2.2 Contractors: Must complete the relevant form which is obtainable from the Estate Supervisor or Managing Agents indicating the quantity of access permits required. In the event of a contractor also being the registered owner of a stand both the abovementioned forms must be complete.

11.3 Preconditions to be a Permit Holder

Access permits can only be issued to residents/contractors whose financial liabilities towards the HOA have been met in full. Levies and building deposits must be paid up to date before access permits will be issued. The access permits of persons who fall in arrear with these payments will be withdrawn until their accounts have been settled. The only alternative way that these persons can obtain access to the Estate is by completing and signing the Access Control Register. This rule is an instruction from the Board and the Security Officers at the entrance have no discretion on this. The identification documents of all applicants must be available for inspection by the Estate Supervisor. No access permit can be issued to a person without a valid identification document.

12 HOME BUSINESSES

12.1 GMHOA has the right to enforce the local by-laws relating to home businesses. These include activities, which would cause aggravation or nuisance to fellow residents, including but not limited to auctions, jumble sales and similar activities.

12.2 Not more than 20% of the floor area, including outbuildings of any house may be used for business purposes. 12.3 The number of people working therein, are restricted to the owner and not more than two employees, provided that

the owner is present and lives on the property. Should the owner be a juristic person, then a resolution authorizing an individual, who is a member, beneficiary or shareholder to present the juristic entity must be lodged with the GMHOA and the individual must reside on the property on a permanent basis.

12.4 The type of business is restricted. There may be no manufacturing or direct sales. 12.5 Restrictions in 12.3 above are designed to limit the flow of people and traffic, and for various other reasons, not the

least being security. 12.6 All businesses operating within the estate are required to register, and/or apply for renewal, with the GMHOA on the

appropriate form available from the GMHOA. Registration of a new business must be obtained before commencement, for administrative and monitoring purposes. Renewal should occur on 31st March each year. Where businesses are found to be operating without having been registered, a fine may be levied.

ANNEXURE H


11 | P a g e

12.7 Those application for business use which have been approved are subject to annual review by the trustees (presently on the 31st March each year) who shall be entitled to revoke such approval should the applicant not be in good standing. If an approval is revoked or not renewed, the applicant will receive advice thereof in writing, and the conduct of a business use of that property will thereafter be in contravention of the Estate Rules. The Trustees reserve the right to report such illegal activity to the Local Authority or take such other action as might be appropriate, including Court action or the imposition of fines and/or penalties in terms of the Constitution and the Estate Rules.

12.8 The employee(s) of any owner, who has been granted consent for a business, shall park their vehicles on the property concerned.

12.9 All employee(s), invitees or visitors to an approved business shall comply with the Gateway Manor Access Control Policy and Procedures, and any directions of the Trustees, management or security officers, in this regard.

12.10 The GMHOA reserves the right to determine a fee to be paid towards the operations of the access control systems which are in place.

13 ALTERNATIVE ENERGY SOURCES

13.1 SAFETY

13.1.1 Combustible materials such as petrol, diesel, paraffin and gas must be delivered, store and handled in a safe manner, the standard of which shall at least meet the by-laws.

13.1.2 Any equipment that might generate carbon monoxide must be used in an open, well ventilated area. (For example operation of a generator inside a garage is not permitted).

13.1.3 Where any installation is connected into the house’s electrical wiring, a certified electrician must be employed to do the tie in.

13.2 NOISE NUISANCE

Where a generator is used for domestic electricity supply within the estate; 13.2.1 The generator must be registered with the Association 13.2.2 The generator must be acoustically screened off 13.2.3 The exhaust system must be attenuated sufficiently so that the noise level will be below the maximum set in

the Provincial Noise Control Regulations. These outdoor levels are: Daytime 50 dBA Night-time 40 dBA

13.2.4 The generator must not be operated within a habitable room or in a room connected to such an area. 13.2.5 The generator may only be operated;

during periods when Eskom power is not available, or For short periods (less than 5 minutes) to service the unit or check its operability.

13.3 PERMANENT INSTALLATIONS

13.3.1 Installation of items which are of a permanent nature, such as, solar water heaters, solar panels, evaporative cooling units, fixed position generators, etc, shall only commence after written approval has been received from the Association.

14 SUGGESTIONS

The Board of Directors of Gateway Manor welcomes any suggestions to improve the quality of life within the estate.

ANNEXURE H


Gateway Manor Home Owners Association (NPC) - Registration Number: 2007/004631/08

Prepared by Domus Real Estate © OnlineMOI 2013

12 | P a g e

MEMORANDUM OF INCORPORATION

REPUBLIC OF SOUTH AFRICA

COMPANIES ACT, 2008

GATEWAY MANOR HOME OWNERS ASSOCIATION (NPC)

REGISTRATION NUMBER 2007/004631/08

(hereinafter referred to in the rest of the Memorandum of Incorporation as “the Company”)

HOME OWNERS ASSOCIATION NON-PROFIT COMPANY

INCORPORATED FOR A COMMUNAL OR GROUP INTEREST BENEFIT OR A PUBLIC BENEFIT

SECTION 10 – SCHEDULE 1 COMPANY

ANNEXURE H




13 | P a g e

DEFINITIONS

In the Memorandum of Incorporation, the following words and expressions shall, unless the context otherwise requires, have the meanings

assigned to them below and related expressions shall bear corresponding meanings:

“Act” or “the Act” – the Companies Act, Act 71 of 2008, as amended, consolidated or re-enacted from time to time, and includes all Schedules

to the Act (Companies Regulation 2(h) 2011);

“Alternate Director” – a person elected or appointed to serve, as the occasion requires, as a member of the Board of the Company in

substitution for a particular elected or appointed Director of that Company (section 1 of Act 71/2008);

“Architectural Sub-Committee” – means the panel of the Directors acting in this capacity, together with any other persons nominated by the

Directors to assist them in exercising the functions of an Architectural Sub-Committee.

“Audit” – has the meaning set out in the Auditing Profession Act, 2005 (Act 26 of 2005) but does not include an “independent review” of Annual

Financial Statements, as contemplated in section 30(2)(b)(ii)(bb) (section 1 of Act 71/2008);

“Consideration” – anything of value given and accepted in exchange for any property, service, act, omission or forbearance or any other thing

of value, including:

(a) any money, property, negotiable instrument, investment credit facility, token or ticket;

(b) any labour, barter or similar exchange of one thing for another; or

(c) any other thing, undertaking, promise, agreement or assurance, irrespective of its apparent or intrinsic value, or whether it is

transferred directly or indirectly (section 1 of Act 71/2008);

“Director” – a member of the Board as contemplated in section 66 or an alternate Director, from time to time, and includes any person

occupying the position of a Director or alternate Director, by whatever name designated. Director includes alternate Director and a Prescribed

Officer or a person who is a Member of a Committee of a Board of the Company or of the Audit Committee of the Company, if applicable,

irrespective of whether or not the person is also a Member of the Company’s Board (section 1 of Act 71/2008);

“Financial assistance” – is not defined in the Act but includes lending money, guaranteeing a loan or other obligation, and securing any debt

or obligation; but does not include: lending money in the ordinary course of business by the Company whose primary business is the lending of

money; an accountable advance to meet: legal expenses in relation to a matter concerning the Company; or anticipated expenses to be

incurred by the person on behalf of the Company; or an amount to defray the person’s expenses for removal at the Company’s request in terms

of section 45 of the Act;

“Financial Reporting Standards” – with respect to any particular Company’s financial statements, means the standards applicable to that

Company, as prescribed in terms of section 29(4) and (5) (section 1 of Act 71/2008);

“Financial statement” – includes: Annual Financial Statements and provisional Annual Financial Statements; interim or preliminary reports;

group and consolidated financial statements in the case of a group of Companies; and financial information in a circular, prospectus or

provisional announcement of results, that an actual or prospective creditor or the Commission, Panel or other regulatory authority, may

reasonably be expected to rely on (section 1 of Act 71/2008);

“Financial year end” – is not defined in the Act but means the end of the accounting period covering 12 (twelve) consecutive months over

which the Company determines earnings and profits. The financial year serves as a period of reference for the Company and does not

necessarily correspond to the calendar year;

“Holder” – includes a person who holds a Membership in the Company (section 117(1)(e) of Act 71/2008);

“Incorporator” – when used with respect to the Company incorporated in terms of the Act, means a person who incorporated that Company,

as contemplated in section 13; or with respect to a pre-existing Company, means a person who took the relevant actions comparable to those

contemplated in section 13 to bring about the incorporation of that Company (section 1(a)(b) of Act 71/2008);

“Independently compiled and reported” – means that the Annual Financial Statements are prepared:

(a) by an independent accounting professional;

(b) on the basis of financial records provided by the Company; and

(c) in accordance with any relevant financial reporting standards (Companies Regulation 26(1)(e)(i) to (iii) 2011);

ANNEXURE H




14 | P a g e

“Independent reviewer” – means a person referred to in Companies Regulation 29(4) and who has been appointed to perform an independent

review under this Regulation (Companies Regulation 29(1)(a) 2011);

“Member” – subject to the provisions of section 57, the holder of any Membership in the Company who is entered as such in the Company’s

Members’ register. Section 57(1) stipulates that Member also includes a person who is entitled to exercise any voting rights in relation to the

Company attached (section1 of Act 71/2008);

“Members’ meeting” – with respect to any particular matter concerning the Company, means a meeting of those Members of the Company

who are entitled to exercise voting rights in relation to that matter (section1 of Act 71/2008);

“MOI” – Memorandum of Incorporation

“Non-profit Company” – means a Company –

(a) incorporated for a public benefit or other object as required by Item 1(1) of Schedule 1, and

(b) the income and property of which are not distributable to its Incorporators, Members, Directors, Officers or persons related to any

of them except to the extent permitted by Item 1(3) of Schedule 1.

“Ordinary Resolution” – a resolution adopted with the support of more than 50% (fifty percent) of the voting rights exercised on the resolution,

or a higher percentage as contemplated in section 65(8): at a Members’ meeting; or by Members acting other than at a meeting, as

contemplated in section 60 (section 1 of Act 71/2008 as amended by section 1(1)(u) of Act 3/2011);

“Prescribed Officer” – a person who, within the Company, performs any function that has been designated by the Minister in terms of section

66(10) despite not being a Director of a particular Company. A person is a “prescribed officer” of the Company for all purposes of the Act if that

person exercises general executive control over and management of the whole, or a significant portion, of the business and activities of the

Company; or regularly participates to a material degree in the exercise of general executive control over and management of the whole, or a

significant portion, of the business and activities of the Company (section 1 of Act 71/2008 as amended by section 1(1)(x) of Act 3/2011);

“Quorum” – is not defined in the Act but means the minimum number of Members of the Company, who are entitled to vote, that must be

present to make a Members’ Meeting valid;

“Restrictive conditions” – is not defined in the Act but means conditions that limit, restrict or qualify the purposes, powers or activities of the

Company in terms of section 15(2), section 16 and section 19(1) of the Act;

“Ring-fenced provisions” – is not defined in the Act but mean provisions specified in the Company’s MOI that limit, restrict or qualify the

Company’s powers, capacity, purposes or activities in some way, provided for in terms of sections 15(2)(b) and (c) of the Act . The Act ensures

that the general public is alerted to a Company’s restricted powers or capacity by requiring that such a Company’s name be immediately

followed by the expression ‘(RF)’, an acronym for ‘ring-fenced’.

Specifically, section 11(3)(b) provides that, if a Company’s MOI includes any provision contemplated in sections 15(2)(b) and (c) restricting or

prohibiting the amendment of any particular provision of the MOI, its name must be immediately followed by the expression ‘(RF)’. There is a

further requirement in section 13(3) which provides that, if a Company’s MOI includes any provision contemplated in sections 15(2)(b) or (c), the

Notice of Incorporation: Ring-fencing Provisions filed by the Company must include a prominent statement drawing attention to each such

provision, and its location in the MOI;

“Solvency and Liquidity Test” – has the meaning attributed thereto in section 4; being the test the Company satisfies if at a particular time,

considering all reasonably foreseeable circumstances at that time:

(a) the Company’s assets, as fairly valued, equal or exceed its liabilities. It is the assets of the particular Company which must be

valued (including any investment in subsidiaries). The Company must have a positive net asset value at a specific point in time.

This is the solvency element of the test. It is also called the ‘Balance Sheet Solvency’ Test; and

(b) it appears that the Company will be able to pay its debts as they become due in the ordinary course of business for a period of 12

months after the date on which the test is considered or 12 months following the distribution. This is the liquidity element of the

test. It is also called the ‘Commercial Solvency Test’ (section1 of Act 71/2008);

“Special Resolution” – means:

(a) in the case of the Company, a resolution adopted with the support of at least 75% (seventy five percent) of the voting rights

exercised on the resolution in terms of section 65(8) or a different percentage as contemplated in section 65(10) at a Members’

Meeting, being any lower or higher percentage as provided for in section 65(9) read with section 65(10), provided that there must

at all times be a margin of at least 10% between the Ordinary and Special Resolution; or by Members acting other than at a

meeting, as contemplated in Section 60; or

ANNEXURE H




15 | P a g e

(b) in the case of any other juristic person, a decision by the owner or owners of that person, or by another authorised person, that

requires the highest level of support in order to be adopted, in terms of the relevant law under which that juristic person was

incorporated (section1 of Act 71/2008 and section 1(1)(cc) of Act 3/2011) ;

“Voting rights” – with respect to any matter to be decided by the Company, means: the rights of a Member to vote in connection with the

matter, in the case of a non-profit Company (section1 of Act 71/2008).

ANNEXURE H




16 | P a g e

CONTENTS:

1. Memorandum of Incorporation of a Home Owners Association Non-Profit Company

2. Table of Signatories

3. Special Resolution of Members

4. Article 1 – Incorporation and nature of the company

5. Article 2 – Members’ rights and meetings

6. Article 3 – Board, Directors and Prescribed officers

7. Article 4 – Transparency, Accountability and Integrity of the company

ANNEXURE H




17 | P a g e

MEMORANDUM OF INCORPORATION OF A HOME OWNERS ASSOCIATION NON-PROFIT COMPANY (NPC)

REPUBLIC OF SOUTH AFRICA

COMPANIES ACT, ACT NO 71 OF 2008

Gateway Manor Home Owners Association (NPC) which is a non-profit Company, Registration Number 2007/004631/08, and which is

hereinafter referred to as “the Company” in the rest of the MOI, has the prescribed minimum number of at least 3 Directors in terms of section

66(2)(b) and where the Incorporators may be its first Directors and its first Members.

In this MOI:

(a) a reference to a section by number refers to the corresponding section of the Companies Act, Act No 71 of 2008;

(b) words that are defined in the Companies Act, 2008 bear the same meaning in this Memorandum as in that Act;

(c) any reference to the Company is a reference to Gateway Manor Home Owners Association (NPC);

(d) the Schedules, Annexures and Forms attached to this Memorandum are part of the MOI.

Adoption of MOI

The former Memorandum of Association and Articles of Association adopted in terms of the repealed Companies Act, Act 61 of 1973, as amended, was repealed in its entirety and simultaneously replaced by this MOI in accordance with the Companies Act, Act 71 of 2008, as amended, and adopted by Special Resolution of Members of the Company on 1 April 2013. The MOI was signed by the Board of Directors of the Company in accordance with section 13(1) of the Companies Act, Act 71 of 2008, as

amended, as evidenced by the following signatures of each Director in the Table of Signatories, and as per the Special Resolution for the repeal

of the Memorandum of Association and Articles of Association and adoption of the MOI set out herein.

Default MOI not to apply

The standard form MOI for a non-profit Company referred to in Regulation 15(1)(a) shall not apply to the Company. The MOI is in a form

unique to the Company as contemplated in section 13(1)(a)(ii).

Registered office and objects for which Company is established

The registered office of the Company shall be situated at:

51 Ludorf street Brits 0250

Objects of the Company

Gateway Manor Home Owners Association (NPC) is deemed to be a Special Purpose Vehicle Company since it has the abbreviation “NPC”

after its name and therefore does not need the abbreviation “RF” next to it.

The primary object of the Company on its incorporation is:

1. The main object of the Company is to protect and advance the communal interest of Members, occupants and other users of any

of the properties (or any portion or sub-division thereof or any Unit thereof), comprising the Township, as are more fully defined in

this MOI, hereunder.

The “Township” means the property comprising the Gateway Manor Extension 28, Melodie. 2. It is the main business of the Company, ancillary to the main object, to:-

2.1 manage, control, and administer, on behalf of its Members, the Common Property which may include, and where

required and necessary, all electric, water, reticulation services, sewerage systems, storm water systems and roads within

the Township; and

2.2 formulate rules for the control of buildings, walling, fencing, exterior, lighting, signage, landscaping and to ensure

compliance of such rules by the Members;

2.3 ensure compliance by the Members of the Township Establishment Conditions, building restrictions and requirements

and, where necessary, to ensure that the Board of Directors and/or Local Authority enforces such conditions, restrictions

or requirements;

2.4 formulate and implement rules for the maintaining and promotion of any of the objects of the Company and/or for the

better management of the affairs of the Company and/or for the advancement of the interests of Members and/or

ANNEXURE H




18 | P a g e

residents in the Township and without limitation thereto, for inter alia relating to landscaping, vegetation, parking, road

use, signage and advertising, exterior finishes of buildings, fencing or walling;

2.5 make and enforce rules concerning design, landscaping, ecological planning and any building activities;

2.6 consent to consolidation, sub-division or re-zoning of any Unit(s) and to impose such conditions relating to any

landscaping and aesthetic appearance, as they may deem fit;

2.7 control access to and from the Township;

2.8 collect Levies and contributions towards funds of the Company for the attainment of the objects of the Company, to

promote and maintain any business or enterprise of the Company; and

2.9 creating rules and regulations concerning the rights and obligations of Members and the use of Common Property and

Units within the Township and to ensure that the terms, conditions and obligations as are imposed in this MOI, are

enforced equally upon all Members and are adhered to for the benefit of the Members as a whole and subject to such

restrictions and/or conditions, restrictions and/or powers as may be imposed by the Members upon the Directors, in

General Meetings, on the basis that all Members shall have equal rights and obligations;

ANNEXURE H




19 | P a g e

Table of Signatories

Names of all Directors

Certified ID of each Signatory to attach

with MOI on submission

Signature Date

`

ANNEXURE H




20 | P a g e

Special Resolution of Members Repeal of Memorandum of Association and Articles of Association and Adoption of Memorandum of Incorporation

Special Resolution No. 1 The former Memorandum of Association and Articles of Association adopted in terms of the repealed Companies Act, Act 61 of 1973, as amended, was repealed in its entirety and simultaneously replaced by this Memorandum of Incorporation in accordance with the Companies Act, Act 71 of 2008, as amended, and adopted by Special Resolution of Members of the Company on 1 April 2013. The Memorandum of Incorporation was signed by the Board of Directors of the Company, in accordance with section 13(1) of the Companies Act, Act 71 of 2008, as amended, as evidenced by the following signature of each Director:

Full Name of Director Identity Number Signature

ANNEXURE H




21 | P a g e

ARTICLE 1 – INCORPORATION AND NATURE OF THE COMPANY

Incorporation

(1) Gateway Manor Home Owners Association (NPC) is incorporated from 15th June 2007 as a non-profit Company, in terms of

Schedule 1 and section 10 of the Companies Act, Act 71 of 2008 and section 122 of the Companies Amendment Act, Act 3 of

2011.

(2) Gateway Manor Home Owners Association (NPC) is incorporated in accordance with and governed by the unalterable

provisions of the Companies Act, 2008, meaning a provision of the Companies Act that does not expressly contemplate that its

effect on any particular Company may be negated, restricted, limited, qualified, extended or otherwise altered in substance or

effect by this Company’s MOI or rules and the alterable provisions of the Companies Act, meaning a provision of the Companies

Act in which it is expressly contemplated that its effect on a particular Company may be negated, restricted, limited, qualified,

extended or otherwise altered in substance or effect by this Company’s MOI, subject to the limitation, extensions, variations or

substitutions set out in this Company’s MOI, and the provisions of this Company’s MOI, which forms the Constitution of the

Company.

(3) Gateway Manor Home Owners Association (NPC) shall apply all of its assets and income, however derived, to advance its

stated objects, as set out above in this MOI. The income and property of the Company shall not be distributable to its

Incorporators, Members, Directors, Officers or persons related to any of them except to the extent permitted by Item 1(3) of

Schedule 1.

(4) Gateway Manor Home Owners Association (NPC) shall not directly or indirectly, pay any portion of its income or transfer any of

its assets, regardless how the income or asset was derived, to any person, who is or was an Incorporator of the Company, or

who is a Member or Director, or person appointing a Director, of the Company, except –

(4.1) as reasonable remuneration for goods delivered or services rendered to, or at the direction of, the Company, or

payment of, or reimbursement for, expenses incurred to advance a stated object of the Company; (4.2) as a payment of an amount due and payable by the Company in terms of a bona fide agreement between the Company

and that person or other; (4.3) as a payment in respect of any rights of that person, to the extent that such rights are administered by the Company in

order to advance a stated object of the Company; or (4.4) in respect of any legal obligation binding on the Company.

1.2 MOI and Company Rules

(1) In terms of this MOI the Company is not limited from making, amending or appealing any Company Rules as contemplated in

section 15(3) of the Act, and the Board’s capacity to make such Rules is not hereby limited or restricted.

(2) The Board shall publish these Company Rules in terms of section 15(3), (4) and (5) by delivering a copy of the Rules to each

Director and Member by publishing a copy of those Rules in any manner required or permitted by the Company’s MOI, or the

Rules of the Company, and filing a copy of those Rules.

(3) Any Rules proposed by the Board will take effect 10 (ten) business days after the filing of that Rule, or on the later date

specified in the Rule. Any Rules proposed by the Board may not be filed if written objection by Members of 25% (twenty five

percent) or more of the voting rights are received by the Board within 20 (twenty) business days after publication.

This provision shall have the effect of limiting the authority of the Board and may be omitted or adjusted. Any Rule that takes effect as contemplated in this sub-article shall remain binding on an interim basis until put to a vote at the next General Meeting of the Company and shall become permanently binding if ratified by an Ordinary Members Resolution. In the event that a Rule may not be filed, the Board shall promptly inform each Director and Member of this result by ordinary or electronic mail.

1.3 Solvency and Liquidity Test

(1) Gateway Manor Home Owners Association (NPC) shall satisfy the Solvency and Liquidity Test at a particular time if, considering

all reasonably foreseeable financial circumstances of the Company at that time, the assets of the Company, as fairly valued,

equal or exceed the liabilities of the Company, as fairly valued, and it appears that the Company will be able to pay its debts as

they become due in the ordinary course of business for a period of 12 (twelve) months after the date on which the test is

considered.

1.4 Interpretation of the MOI

(1) When, in the MOI, a particular number of ‘business days’ is provided for between the happening of one event and another, the

number of days shall be calculated by excluding the day on which the first such event occurs, including the day on or by which

the second event is to occur, and excluding any public holiday, Saturday or Sunday that falls on or between the days.

ANNEXURE H




22 | P a g e

(2) If a provision of the MOI requires a document to be signed or initialled by or on behalf of a person, that signing or initialling may be effected in any manner provided for in the Electronic Communications and Transactions Act, or by two or more persons, it shall be sufficient if all of those persons sign a single original of the document, or each of those persons signs a separate duplicate original of the document, and in such case, the several signed duplicate originals, when combined, constitute the entire document.

1.5 Members Agreement and Company Rules

(1) Subject to the Board having the authority to make Company Rules, a rule in terms of clause 1 of this sub-article of the MOI shall

be consistent with the Act and the Company MOI. Within 10 (ten) business days after any rules of the Company have been put

to a ratification in accordance with the Act, the Company shall file a Notice in Form CoR 16.2 indicating whether the rules have

been ratified or rejected.

(2) Within 10 (ten) business days after any rules of the Company have been amended, altered or repealed the Company shall file a

Notice in Form CoR 16.1 indicating the extent and effect of the change.

(3) The Company’s MOI, and any rules of the Company, are binding between the Company and each Member, Director, or any

other person serving the Company as a Member of a committee of the Board.

1.6 Amending MOI

(1) the Company’s MOI may be amended subject to Article Incorporation – Powers of the Company:

(1.1) in compliance with a Court Order in the following manner: an amendment to a Company’s MOI required by any Court

Order must be effected by a resolution of the Company’s Board and does not require a Special Resolution as set out in

this clause; or

(1.2) at any other time if a Special Resolution to amend it:

(1.2.1) is proposed by the Board of the Company or Members entitled to exercise at least 10% (ten percent) of the

voting rights that may be exercised on such a Resolution and

(1.2.2) is adopted at a Members’ meeting or in accordance with section 60; and

(1.2.3) any resolution for the amendment of the MOI, must be approved by the Commissioner of the South African

Revenue Service in terms of the Income Tax Act.

A Notice of any such alteration must be sent to each Director and Member by ordinary or electronic mail at least 10 (ten) business days prior to the filing of the Notice of alteration with the Commission. This will allow the Directors and Members to approach the Tribunal in terms of section 17(2), only on the grounds if an alteration exceeds the authority to correct a patent error or defect.

(2) Within 10 (ten) business days after an amendment to the Company’s MOI has been effected in any manner contemplated in this

sub-article of the MOI, the Company shall file a Notice of Amendment in Form CoR 15.2, together with the relevant documents

required by this sub-article of the MOI, and the fee set out in Table CR 2B.

1.7 Legal status of the Company

(1) From the date and time that the incorporation of the Company is registered, as stated in its registration certificate, the Company

is a juristic person, which exists continuously until its name is removed from the Company’s register in accordance with this Act,

has all of the legal powers and capacity of an individual, except to the extent that a juristic person is incapable of exercising any

such power, or having any such capacity, or the Company’s MOI provides otherwise.

(2) In terms of the MOI, no persons shall solely by reason of being an Incorporator, Member or Director of the Company, be liable

for any liabilities and obligations of the Company.

1.8 Optional provisions of Companies Act, 2008 do not apply

The company elects to, in terms of sect 34 (2), appoint an auditor or Independent Reviewer, but will not appoint an Audit Committee or company secretary as contemplated in the Act.

ANNEXURE H




23 | P a g e

ARTICLE 2 – MEMBERS’ RIGHTS AND MEETINGS

2.1 Membership of the Company

As contemplated in Item 4(1) of Schedule 1 of the Act, the Company has Members, who are all in a single class, being voting Members, each of whom has an equal vote in any matter to be decided by the Members of the Company.

(1) Qualification for Membership of the Company

Membership of the Company shall be limited to:-

(1.1) The incorporators of the Company during the Development Period of the Township; and (1.2) Notwithstanding the provisions of Article 1.5(3), any other person (natural person or a juristic entity) who, at

incorporation or thereafter, is reflected, in terms of the Deeds Registries Act, No. 47 of 1937, in the records of the Deeds Office concerned, as the registered owner of a Unit in the Township and who will be bound by the provisions of the Companies Act, 2008, this MOI and any Rules made and incorporated hereunder;

(1.3) Where any Unit(s) in the Township is owned by more than one person, all the registered owners of that Unit(s) shall

together be deemed to be one Member of the Company and have the rights and obligations of one Member of the Company; provided however that all co-owners of a Unit(s) shall be jointly and severally liable for the due performance of any obligations towards the Company.

(2) Initial or periodic costs for membership

All Members shall be liable to payment of a monthly contribution, as may be determined by the Board or the Members, in

terms of this MOI from time to time, as may be required for the fulfilment of the objectives of the Company.

2.2 Members’ right to be represented by proxy

(1) At any time, a Member may appoint any individual, including an individual who is not a Member of the Company, as a proxy to participate in, and speak and vote at, a meeting of that class of Member, on behalf of the Member or give or withhold written consent on behalf of the Member to a decision to be taken by that class or by round-robin resolution, provided that the Member may not appoint more than one proxy to exercise voting rights on behalf of that Member.

(2) A proxy appointment shall be in writing, dated and signed by the Member and remains valid for 1 (one) meeting, the date of

which must be shown on the written proxy by the Member. If the meeting is postponed due to a quorum not being reach the proxy will also be considered to be valid for the postponed meeting.

(3) A Proxy appointment shall be handed in at the Company registered address, or the Managing Agent or Chairperson, before

the meeting that is nominated by date on the proxy form and the proxy/proxies will be filed together with the attendance register and minutes of the meeting. The appointment is revocable unless the proxy appointment expressly states otherwise, and may be revoked by cancelling it in writing, or making a later inconsistent appointment of a proxy, and delivering a copy of the revocation instrument to the proxy, and to the Company. The appointment is suspended at any time and to the extent that the holder entitled to vote chooses to act directly and in person in the exercise of any rights as a Member entitled to vote.

(4) Gateway Manor Home Owners Association (NPC) shall be entitled to disregard a proxy form or instrument appointing a

proxy, and to disregard the vote of any proxy or purported proxy, if:

(4.1) the proxy form or instrument of proxy does not comply with the requisite formalities, or with the requirements as to content, as prescribed in section 58 of the Act or is inconsistent with or contravenes this MOI; or

(4.2) the authority of the proxy has been revoked by the Member (if applicable, through its authorised representative or through its legal representative terms of section 58(4)(b) and (c).

2.3 Record date for determining Members’ rights

If, at any time, the Company’s Board of Directors fails to determine a record date, as contemplated in section 59, the record date for the relevant matter shall be 15 (fifteen) business days prior to the action, meeting or event as contemplated in accordance with section 59(3).

2.4 Rights and obligations of Members

(1) A Member of the Company shall remain a Member thereof until he ceases to be the registered owner, as reflected in the

relevant Deeds Office as an owner of a Unit in the Township and a Member shall therefore not be entitled to resign as a Member of the Company unless he ceases to be a Member of a Unit in the Township.

The rights and obligations of a Member shall not be transferable and every Member shall:

(1.1) further, to the best of his ability, the objects and interests of the Company;

ANNEXURE H




24 | P a g e

(1.2) observe all Rules made by the Company or the Directors;

(1.3) pay all Levies due by the Member, to the Company;

(1.4) comply with the Conditions of Establishment of the Township;

(1.5) comply with the Architectural Design Guidelines in force from time to time;

(1.6) obtain the prior written consent of the Board of any building plans, including plans for alterations to an existing building,

before submission thereof for approval to any local or other authority, prior to commencement with any building activity;

(1.7) not use his Unit or any part thereof, or any part of the common property or common services, or permit it to be used, in

such a manner and/or for such purposes as shall be injurious to the reputation of the Company;

(1.8) maintain his Unit in a clean and tidy condition and adhere to the Architectural Design Guidelines developed by the

Developer, specific to each Body Corporate. Any deviations from these design guidelines, alterations and/or extensions to a Unit must be approved by the Board;

(1.9) allow any person so authorized by the Board to enter onto his Unit for purposes of inspecting any structure to be erected

on his Unit. Members are responsible to allow entry to such persons for such purpose;

(1.10) abide by the MOI and adhere to the rules and regulations proclaimed by the Directors from time to time;

(1.11) obtain the consent of the Architectural Sub-Committee and/or the Directors to any building plans before submitting these for approval to the Local Authority and before commencing with any building, fencing and signage operations, exterior lighting, painting or repairing of exterior finishes. In the event of a member being aggrieved by a decision of the Architectural Sub-Committee and/or the Directors, such dispute shall be referred to the Architects who have been appointed to monitor architectural designs in the development. Their decision shall be final and binding on the parties.

provided that nothing contained in this MOI of the Company shall prevent a Member from ceding his rights in terms of this MOI as security to the mortgagee of the Member’s Unit;

(2) No Member shall let or otherwise part with occupation of his Unit, whether temporarily or otherwise, unless he has agreed in writing with the proposed occupier of such Unit, as a stipulatio alteri (benefit in favour of a third party) in favour of the Company that such occupier shall be bound by all the terms and conditions of this MOI and any Rules made thereunder, and such written agreement is lodged with the Company prior to the proposed occupier taking occupation of the Unit in question.

(3) Every Member shall, when he agrees to transfer ownership of his Unit in the Township, set it as a condition of the agreement of

sale and transfer, that the new owner shall become a Member of the Company, accepting his/her/its obligations towards the Company as Member.

(4) Every Member, if so required by the Company, shall sign all documents required to create a condition in the Title Deed of his Unit, which will ensure that the Unit may not be sold or transferred without the buyer or transferee binding himself to become a Member of the Company and without a certificate as contemplated in Article 1.5(5.6).

(4) No Member of a Unit in the Township shall be entitled to dispose thereof to any other person without the written consent of the

Company first having been obtained under the hand of the Board or the Managing Agent, which consent will not be withheld unless:

(4.1) such Member is in arrear with any Levies, penalties, fines or interest or other payment due to the Company in terms of

the MOI or the Rules or otherwise; (4.2) such Member is in breach with any of his obligations towards the Company in terms of the MOI or the Rules and has

failed to remedy such breach after having been called upon by the Company, in writing, to remedy such breach and remain in breach;

(4.3) the prospective transferee has not applied for membership of the Company, where such application is required, or has

not been accepted as Member of the Company.

(5) No Member of a Unit in the Township shall be entitled to pass transfer thereof to any other person until the Company, under the hand of the Board or the Managing Agent, has certified by way of a clearance certificate that such Member as at date of transfer has complied with all his/her/its financial and other obligations towards the Company. The principles applicable in terms of the Sectional Titles Act, Act 95 of 1986, with regard to the issuing of a clearance certificate shall apply mutatis mutandis to any clearance certificate required to be obtained in respect of the transfer of any Unit in the Township.

(6) The Directors of the Company or Managing Agent may impose an additional, reasonable fee upon the Members of the

Company for the issuing of the Clearance Certificate as referred to in Article 1.5(5.6). (7) Members shall have the rights prescribed by the Act, the MOI and any Rules made thereunder, which shall inter alia include the

following rights:

(7.1) the right to nominate and elect the Directors of the Company; (7.2) the right to receive access to the Company records in accordance with the provisions of Section 26 of the Act;

ANNEXURE H




25 | P a g e

(7.3) the right to receive notice of, attend, speak and vote at General Meetings of the Company; (7.4) the right to receive access to the Financial Statements or related information of the Company;

(8) A Member/(s) shall not have the right to attend, to vote or to speak at any General Meeting, or as contemplated in terms of the provisions of Section 60 of the Act, if:

(8.1) such Member is in arrear with any Levies, service costs, contributions, penalties, fines, legal costs or interest or any

other payment due to the Company in terms of this MOI or the Rules or otherwise; (8.2) such Member is in breach (other than payment of levies) with any of his obligations towards the Company in terms of

this MOI or the Rules and has failed to remedy such breach after having been called upon by the Company, in writing, to remedy such breach and he remains in breach, unless such breach is disputed by the Member.

2.5 Members' meetings

(1) In terms of the MOI, the Board of the Company or a minimum of 10% of the Members may call a Special General Meeting at any time.

(2) Notice of Members’ meetings shall be sent to each Member entitled to vote at such meeting and who has elected to receive

such notice by electronic mail or by ordinary mail if no electronic mail is available (3) Gateway Manor Home Owners Association (NPC) shall hold a Members’ meeting:

(3.1) annually within 60 days after the end of each financial year ( Annual General Meeting) (3.2) at any time that the Board is required by the Act or this MOI to refer a matter to Members for decision; (3.3) whenever required in terms of the Act to fill a vacancy on the Board; (3.4) when demanded by Members

(4) Gateway Manor Home Owners Association (NPC) shall, as determined by the Board either hold a Members’ meeting in order to

consider one or more resolutions, or as regards such resolution(s) that could be voted on at a Members’ meeting, other than an Annual General Meeting, instead require them to be dealt with by round robin resolution of Members entitled to vote. Within 10 (ten) business days after the Members entitled to vote by round robin resolution, the Company must deliver a statement describing the results of the vote, consent process, or election to every Member who was entitled to vote on or consent to the round robin resolution.

(5) The Chairman of the Board or in his absence, the lead independent non-executive Director, shall preside as Chairman at every

Members’ meeting. If there is no such Chairman present within 15 (fifteen) minutes after the time appointed for holding the Members’ meeting the Members entitled to vote which are present shall select a Director to be Chairman of the Members’ meeting.

(6) In the event that the Company elects to hold a Members’ meeting, the business of the Members’ Meeting shall be to receive and

consider the following:

(6.1) the presentation of the Directors’ report; (6.2) the election of Directors (6.3) the presentation of a summarised form of Audited Annual Financial Statements (6.4) the appointment of an auditors (6.5) any other matter or business determined by the Board; (6.6) all other business transacted at the Annual General Meeting and all business transacted at any other Members’ meeting

shall be deemed special.

(7) Within 7 days of the holding of each Annual General Meeting, the Board of Directors shall meet and shall elect from their own numbers, the Chairman and Vice-Chairman, who shall hold their respective offices until the Annual General Meeting held next after their said appointments.

2.6 Notices

Each Member (or the agent) shall notify the Company in writing of an electronic mail address, a fax number, and a physical or postal address, each of which shall be deemed to be the Members’ registered address within the meaning of the MOI, and if the Member has not notified the Company of at least one of the above, the Member shall be deemed to have waived his right to be served from any notice of the Company.

ANNEXURE H




26 | P a g e

2.7 Notice of Members’ meetings

(1) The minimum number of days for the Company to deliver a notice of a Members meeting to the Members, as required by section 62 is as provided for in section 62(1), being at least 15 (fifteen) Business Days.

(2) The notice convening each meeting of the Company shall specify the place, the date and hour of the meeting and shall

otherwise contain details of the business, including where relevant, special business, to be conducted at the meeting.

(3) Gateway Manor Home Owners Association (NPC) may call a meeting with less notice than required by this MOI, but such a meeting may proceed only if every person who is entitled to exercise voting rights in respect of any item on the meeting agenda is present at the meeting and votes to waive the required minimum notice of the meeting.

2.8 Conduct of meetings

Gateway Manor Home Owners Association (NPC) entitles a Members’ meeting to be conducted at a location indicated in the notice of the members meeting and must be attended in person by members or proxies for members.

A Member who in person or as represented participates in a meeting at any time electronically in terms of this article shall be deemed to be present at the meeting in question, and counted towards a quorum, while so participating.

2.9 Meeting Quorum and Postponement

(1) Subject to at least 3 (three) Members being present in person, the quorum requirement for a Members Meeting to begin, or for a matter to be considered, is 25% (twenty five percent) of the votes entitled to be exercised by the Members present in person or by proxy.

(2) The time periods allowed in section 64(4) and (5) apply to the Company, subject to the following variations :

(2.1) If, within 15 (fifteen) minutes after the appointed time for a meeting to begin, the requirements of sub-sections 64(1) or 64(3), if applicable, for that meeting to begin have not been satisfied, the meeting is postponed without motion, vote or further notice, for 1 (one) week, at the same place and time;

(2.2) If, within 15 (fifteen) minutes after the appointed time for a meeting to begin, the requirements of sub-sections 64(1) or

64(3), if applicable, for consideration of a particular matter to begin have not been satisfied –

(2.2.1) if there is other business on the Agenda of the meeting, consideration of that matter may be postponed to a later time in the meeting without motion or vote; or

(2.2.2) if there is no other business on the Agenda of the meeting, the meeting is adjourned for 1 (one) week, at the

same place and time, without motion or vote or further notice.

(2.3) The person intended to preside at a meeting that cannot begin due to the operation of sub-section 64(1)(a) or 64(3), where a quorum is not present, may extend the 15 (fifteen) minute limit for a reasonable period on the grounds as specified in sub-section 64(5).

2.10 Adjournment of Members’ meetings

(1) Gateway Manor Home Owners Association (NPC) shall not be required to give further notice of a meeting that is postponed or adjourned unless: (1.1) the location for the meeting is different from the location of the postponed or adjourned meeting (section 64(7)(a) of the

Act or (1.2) the meeting has been adjourned “until further notice” in terms of this Article of the MOI.

(2) In terms of the Act and this MOI subject to any requirements of the MOI, the quorum at any adjourned meeting shall be the Members present thereat personally or by proxy, who may transact the business for which the meeting was called.

If at any adjourned meeting a quorum is not present within 30 (thirty) minutes from the appointed time for such meeting to commence, the Members who are present or represented by proxy and entitled to vote shall constitute a quorum and may proceed to transact the business of the meeting.

(3) No business shall be transacted at any adjourned Members’ meeting of the Company other than business left unfinished at the

meeting from which the adjournment took place.

2.11 Votes of Members

(1) In terms of the Act and the MOI subject to any special rights or restrictions as to voting by or in accordance with the MOI, at a meeting of the Company:

(1.1) every person present, either personally or by proxy, and entitled to exercise voting rights shall be entitled to 1 (one) vote

on a show of hands, irrespective of the number of voting rights that person would otherwise be entitled to exercise or the size of the unit the Member owns;

ANNEXURE H




27 | P a g e

(1.2) every juristic person, represented by a chairperson or nominated person, and entitled to exercise voting rights shall be entitled to 1(one) vote on a show of hands, irrespective of the size of the unit or number of Members/Owners of the juristic person;

(1.3) on a poll any person who is present at the meeting, whether as a Member or as a proxy for a Member, has the number

of votes determined in accordance with voting rights held by that Member; and (1.4) voting shall be conducted by means of a polled vote in respect of any matter to be voted on at a meeting of Members if

a demand is made for such a vote by:

(1.4.1) at least 5 (five) persons having the right vote on that matter, either as Members or as proxies representing Members; or

(1.4.2) In the case of an equality of votes, whether on a show of hands or on a poll, the Chairman of the meeting at

which the show of hands takes place, or at which the poll is demanded, shall not be entitled to a second or casting vote.

(2) The passing of an Ordinary Resolution is to be subject to the approval of more than 50% (50.1% or more) of the vote cast by all

Members present in person or represented by proxy, at the General Meeting convened to approve such Resolution and shall be subject to a minimum notice period of 10 (ten) business days.

(3) The passing of a Special Resolution is to be subject to the approval of at least 75% (seventy five per cent) of the votes cast by

all Members present in person, or represented by proxy, at the General Meeting or the Annual General Meeting convened to approve such resolution and shall be subject to a minimum notice period of 10 (ten) business days.

(4) In terms of this Act and the MOI Round Robin Resolutions of Members entitled to vote, will be passed if signed by Members

entitled to exercise sufficient voting rights for it to have been adopted as an Ordinary or Special Resolution, as the case may be, at a properly constituted Members’ meeting.

If a Member entitled to vote is a Body Corporate, represented, at any Members’ meeting shall have only 1 (one) vote, A proxy shall only 1 (one) vote on a show of hands.

ANNEXURE H




28 | P a g e

ARTICLE 3 – BOARD, DIRECTORS AND PRESCRIBED OFFICERS

The Board of Gateway Manor Home Owners Association (NPC) must comprise of at least 3 (three) Directors and no more than 7 (seven) Directors

3.1 Election of Directors

(1) A person becomes entitled to serve as a Director of this Company when that person –

(1.1) Is a Member of the HOA in terms of Article 2 above but do not necessarily resides in the Gateway Manor Township;

(1.2) Is not in arrears with any amounts owed to the HOA for levies or penalties, or in breach of any of the rules of the MOI

and such breach have not yet been remedied;

(1.3) Is nominated as Director in writing at least 24 hours before a General meeting by members and no objection to the

nomination is made.

(1.4) Is not a member of the HOA in terms of Article 2 but is connected to Gateway Manor Township in a professional manner

and is nominated by a member in writing at least 24 hours before a General Meeting by members and no objection to

the nomination is made.

(2) The Board may appoint a person who satisfies the requirements for election as a Director to fill any vacancy and serve as a

Director of the Company on a temporary basis until the vacancy has been filled by election in terms of this MOI. During that

period, any person so appointed has all the powers, functions and duties and is subject to all of the liabilities of any other

Director of the Company.

(3) Board members may hold office for a period of no longer than 2 (two) consecutive years where after the Board member may

indicate whether he/she will be available for re-election after the 2 year period. No more than 50% of the board may resign at

any stage during the year or at an Annual General meeting to ensure continuity, this may mean that some Board members may

have to serve for a 3rd( third) consecutive year before resigning.

3.2 Governance of the Board

The Directors may at any time by power of attorney appoint any person to be the attorney or attorneys and agent(s) of the Company for

such purposes and with such powers, authorities and discretions (not exceeding those vested in or exercisable by the Directors in terms

of this MOI including the right of sub-delegation) and for such period and subject to such conditions as the Directors may from time to

time think fit.

3.3 Vacancies on Board

(1) In terms of this MOI, a person shall cease to be a Director and a vacancy arises on the Board of the Company:

(1.1) when the person’s term of office as Director expires, or (1.2) if the person ceases to be a member in terms of Article 2 above, (1.3) resigns or dies, (1.4) becomes incapacitated to the extent that the person is unable to perform the functions of a Director, (1.5) is removed by vote at a general meeting of members, (1.6) falls in arrears with levies or other payment owed to the HOA with more than 60 days.

3.4 Board Committees In terms of the Act and the MOI, the MOI does not limit, restrict or qualify the authority of the Board to appoint any number of committees of Directors; or to delegate to any such committee any of the authority of the Board. Such committees may consist of persons who are not Directors of the Company.

3.5 Board Meetings

(1) A Director authorised by the Board of the Company may call a meeting of the Board at any time

(2) Notice of a Board meeting must be sent to all directors electronically as soon as the date and time for the meeting is

established. Alternatively if a Director/s do not have access and cannot receive electronic notification the chairperson or

managing agent shall notify that Director/s by telephone to collect all relevant documentation at the registered office.

ANNEXURE H




29 | P a g e

(3) Minutes shall be kept of all meetings in a minute book and the minutes will be approved by the chairperson by signing of the minutes.

3.6 Register of Directors

Gateway Manor Home Owners Association (NPC) must establish and maintain a record of its directors, including all the details about each director (including that director’s email address) required in terms of and for the period stipulated in the Act and the Companies Regulations in a register of directors.

3.7 Directors’ Remuneration

(1) Gateway Manor Home Owners Association (NPC) shall not, directly or indirectly, pay any portion of its income or transfer any of

its assets, regardless how the income or asset was derived, to any person who is or was an incorporator of the Company, or

who is a member or director, or person appointing a director, of the Company, except –

(1.1) as reasonable remuneration for goods delivered or services rendered to, or at the direction of the Company; or payment

of, or reimbursement for, expenses incurred to advance a stated object of the Company

(1.2) as a payment of an amount due and payable by the Company in terms of a bona fide agreement between the Company

and that person or another;

3.8 Standards of Directors’ conduct

(1) In this clause, Director includes alternate Director and a Prescribed Officer or a person who is a Member of a committee of a

Board of the Company or of the Audit Committee of the Company, if applicable, irrespective of whether or not the person is also

a Member of the Company.

(2) A Director of the Company shall not use the position of Director, or any information obtained while acting in the capacity of a

Director to gain an advantage for the Director or for another person other than the Company or a wholly-owned subsidiary of the

Company or to knowingly cause harm to the Company or a subsidiary of the Company and communicate to the Board at the

earliest practicable opportunity any information that comes to the Director’s attention, unless the Director reasonably believes

that the information is immaterial to the Company or generally available to the public, or known to the other Directors; or is

bound not to disclose that information by a legal or ethical obligation of confidentiality.

(3) A Director of the Company shall exercise the powers and perform the functions of Director in good faith and for a proper

purpose, in the best interests of the Company and with the degree of care, skill and diligence that may reasonably be expected

of a person, carrying out the same functions in relation to the Company as those carried out by that Director, and having the

general knowledge, skill and experience of that Director.

(4) In respect of any particular matter arising in the exercise of the powers or the performance of the functions of Director in terms

of in the best interest of the Company and with the necessary degree of care, skill and diligence of that Director,

(4.1) the Director shall take reasonably diligent steps to become informed about the matter;

(4.2) the Director has no material personal financial interest in the subject matter of the decision, and has no reasonable

basis to know that any related person has a personal financial interest in the matter.

3.9 Liability of Directors and Prescribed Officers

(1) In this clause, Director includes alternate Director and a Prescribed Officer or a person who is a Member of a committee of a

Board of the Company or of the Audit Committee of the Company, if applicable, irrespective of whether or not the person is also

a Member of the Company.

(2) A Director of the Company shall be held liable for breach of a fiduciary duty, for any loss, damages or costs sustained by the

Company as a consequence of any breach by the Director of a duty in relation to:

(2.1) a Director’s personal financial interests in terms of section 75 of the Act;

(2.2) the use of the position of Director, or any information obtained to gain an advantage or to knowingly cause harm to the

Company in terms of section 76(2)(a) of the Act;

(2.3) communicate to the Board of the Company any material information to the Company in terms of section 76(2)(b) of the

Act; (2.4) perform the functions of Director in good faith and for a proper purpose in terms of section 76(3)(a) of the Act; (2.5) perform the functions of Director in the best interests of the Company in terms of clause section 76(3)(b) of the Act.

ANNEXURE H




30 | P a g e

3.10 Indemnification and Directors’ Insurance

(1) In terms of the Act and the MOI the authority of the Company to purchase market related insurance to protect the Company or a

Director, as contemplated in section 78(7) in the Act, is not limited, restricted or extended by the MOI, giving authority to the

Company to purchase insurance to protect a Director against any liability or expenses for which the Company is permitted to

indemnify a Director or the Company against any contingency including, but not limited to any expenses that the Company is

permitted to advance or for which the Company is permitted to indemnify a Director.

Gateway Manor Home Owners Association (NPC) may purchase insurance to protect the Company or a Director as set out in

section 78(7) of the Act, and the power of the Company in this regard is not limited, restricted or extended by the MOI.

(2) Gateway Manor Home Owners Association (NPC) shall be entitled to claim restitution from a Director of the Company or of a

related Company for any money paid directly or indirectly by the Company to or on behalf of that Director, in any manner

inconsistent with this clause of the MOI.

ANNEXURE H




31 | P a g e

ARTICLE 4 – TRANSPARENCY, ACCOUNTABILITY AND INTEGRITY OF THE COMPANY

4.1 Access to the Company’s Records and Financial Statements

The accounting records shall be kept at or be accessible from its Registered office. The accounting records shall be open to inspection by any of the Directors at any time. The Directors may from time to time determine whether and to what extent and at what times and places and under what conditions, the accounting records of the Company or any of them shall be open to inspection by Members, not being Directors, and subject to the rights granted to Members in terms of the Companies Act.

4.2 Financial Year End of the Company

The Company’s financial year which is its annual accounting period, ends on 28 February of each year.

The first financial year of the Company begins on the date that the incorporation of the Company is registered, as stated in its registration certificate, and ends on the date set out in the Notice of Incorporation, which may not be more than 15 (fifteen) months after the date that the Incorporation of the Company is registered.

The second and each subsequent financial year of the Company begins when the preceding financial year ends; and ends on the first anniversary of the date that the incorporation of the Company is registered.

4.3 Financial Statements and Financial Year

The MOI permits the Company only to have the records independently compiled and reported and it should be prepared by an independent accounting professional, on the basis of financial records provided by the Company, and in accordance with any relevant financial reporting standards.

If a Member requests a copy of the Annual Financial Statements, the Company shall make same available to such Member free of charge.

4.4 Insurance

At the first meeting of the directors or as soon thereafter as possible, and annually thereafter, the directors shall take steps to insure the buildings and all improvements on the access security stand belonging to the Home Owners Association, boundary walls and common property, above and under the ground, to the full replacement value thereof against any vis major damage caused by natural disaster or any other accident or incident unforeseeable by the directors. Before every Annual General Meeting, the directors shall cause to be prepared schedules reflecting their estimate of the replacement values of the buildings and all improvements to the common property.

4.5 Levies

1. The Directors may from time to time impose levies upon the members for the purpose of meeting all the expenses which the

association has incurred or which the Directors reasonably anticipate the Association will incur in the attainment of its objects or

the pursuit of its business.

2. The Directors shall not less than thirty (30) days prior to the end of each financial year, or so soon thereafter as reasonably

possible, prepare and serve upon every member at the address chosen by him, an estimate in reasonable detail of the amount

which shall be required by the association to meet the expenses during the following financial year and shall specify separately

such estimate deficit, if any, or surplus, as shall result from the preceding year. The Directors may include in such estimate an

amount to be held in reserve to meet anticipated expenditure not of an annual nature.

3. Each notice to each member shall specify the contribution payable by that member to such expense and reserve fund. Each levy

shall be payable in equal monthly instalments, due in advance on the first day of each and every month of each financial year.

4. In the event of the Directors for any reason whatsoever failing to prepare and serve the estimate referred to in Article 3. Above

timeously, every member shall upon service of such estimate as afore said continue to pay the levy previously imposed and shal

after such service pay such levy as may be specified in the notice referred to in Article 3.

5. The Directors may from time to time impose special levies upon the members in respect of all such expenses as are mentioned

in Article 1. Above which were not included in any estimate made in terms of Article 2. Above, and may in imposing such levies

further determine the terms of payment thereof.

6. The Directors shall be empowered to determine the rate of interest from time to time chargeable upon arrear levies provided that

such rate of interest shall not exceed the rate specified in the National Credit Act or any other legislation prohibiting interest

rates.

.

ANNEXURE I

MONTE VISTA BODY CORPORATE CONDUCT RULES

32 | P a g e

MONTE VISTA CONDUCT RULES

(SECTION 35 (2) OF THE SECTIONAL TITLES ACT NO 95 OF 1986) 1. INTRODUCTION These are the conduct rules of MONTE VISTA Body Corporate and accepted as same by every owner/occupier. These rules are subject to the GATEWAY MANOR constitution and house rules.

2. REFUSE DISPOSAL

An occupier shall: (1) Deposit all refuse in the designate area as prescribed by the trustees. (2) Ensure that, before refuse is placed in the skip/bin, it is securely wrapped in standard refuse bags and completely drained. (3) Unless a specific place has been designated for it, no rubbish or refuse may be left on any portion of the common property or

elsewhere where it will be visible from the common property whether in a container or not, except for collection on such days as collection is arranged.

(4) Rubbish may not be handled contrary to the regulations of the local authority, for example all glass must be wrapped in a double layer of newspaper, etcetera.

(5) Refuse taken directly to the refuse removal area, must be deposited in the container provided.

3. VEHICLES (1) No occupier shall park or allow any vehicle to stand upon the common property without the written consent of the

Trustees. Vehicles of occupiers and their visitors may only be parked on such areas as are specifically demarcated for that purpose.

(2) The Trustees may cause to be removed or towed away, at the risk and expense of the owner of the vehicle, any vehicle parked, standing or abandoned on the common property without the Trustees’ consent.

(3) Occupiers shall ensure that their vehicles, and the vehicles of their visitors and guests, do not drip oil or brake fluid onto the common property or in any way deface the common property.

(4) No occupier shall be permitted to dismantle or effect major repairs to any vehicle on any portion of the common property, an exclusive use area or in a section.

(5) Vehicles may not travel at speeds in excess of 20 kilometres per hour on any portion of the common property. (6) Motor vehicles of occupiers shall at all times be parked in the demarcated parking bays so as to leave adequate space for

access to neighbouring parking bays. Occupiers are responsible to ensure that their visitors park in the visitors parking bays and do not cause any obstruction either in relation to parking bays or otherwise.

(7) Caravans, boats, trailers and the like may not be parked on the common property without the permission of the Trustees. If permission is granted, caravans will only be permitted to be parked on the common property for a period not exceeding two days at any one time. However, the Trustees will not grant permission for any caravan to be parked on the common property for more than seven days in total in any 12 month period.

4. TOYS AND CYCLES (1) Toys, bicycles, tricycles, roller skates, skate boards etc., may not be left on any portion of the common property or on any

portion of the section where it is visible to any occupier. (2) The use of soap-box carts, skateboards, roller skates, small plastic motorbikes etc., on the common property is prohibited.

5. SILENCE / NUISANCE (1) Silence must be maintained between 21h00 and 07h00 daily and between 12h00 and 17h00 on Sundays. (2) Motor hooters may not be used on the common property or at the gate. (3) Radios, musical instruments, record players, television sets, etcetera must be used in such a manner as not to be heard in

adjoining sections or on the common property.

6. GARDENING AND PLANTS All gardening in respect of the property shall be done by persons authorised by the Trustees unless otherwise specifically agreed.

7. SOLE UTILIZATION ZONES (1) Each unit shall be allocated an area of sole utilization which shall expressly be utilised by the occupier of that specific unit.

These allocations shall be in accordance with the schedule attached to the Rules of Management. (2) Each owner shall be solely responsible for the maintenance and upkeep of their sole utilisation areas.

8. PARKING AREAS (1) Visitors shall only be permitted to use the parking bays specifically designated for visitors and no occupiers shall be

permitted to use these parking bays. (2) Nothing other than motor vehicles or motor cycles may be parked in the parking bays. (3) Parking areas are to be kept clean and free of oil marks.

9. CHILDREN (1) No games are permissible on areas other than those specifically designated for that purpose. (2) Occupiers must supervise their children and the children of their visitors so that no damage or nuisance is caused to the

common property or property of other occupiers. In particular children may not interfere with the post boxes, plants,

ANNEXURE I




33 | P a g e

decorations, name plates, fire fighting equipment, exterior lights, entrance gate, intercoms, swimming pool apparatus, etcetera (where applicable).

(3) Occupiers shall remain responsible and or liable for the welfare and safety of their children as well as the children of their visitors. The Body Corporate and or trustees shall not be responsible and or liable for any injuries suffered by any child whilst on communal property, and the Body Corporate and or trustees are indemnified against any claims for injury to any children whilst on communal property.

(4) Any damage done by any child to any private or communal property shall be the responsibility of the occupier responsible for that child.

10. ACTIVITIES ON COMMON PROPERTY (1) No hobbies or other activities may be conducted on the common property if they would cause a nuisance to other occupiers. (2) Hobbies and other activities which cause noise are not permitted. (3) No braais or use of alcohol is allowed on the common property except in designated areas. (4) Occupiers are not allowed to appear in the common area if not fully clothed. (5) Common courtesy and regard for the rights of others are essential. Occupiers are responsible for the behaviour of their

guests. (6) Undue noise, including radios and music players, and use of profane language in the common area is not permitted. (7) Except for the designated areas, no occupier is allowed to entertain guests in or on any area of the common property

including but not limited to the parking bays, the parking areas, the balconies or the stairs.

11. SERVANTS (1) Occupiers must ensure that their servants do not loiter on the common property. (2) Occupiers must ensure that their servants do not cause undue noise on the common property or elsewhere.

12. SUNDRY PROVISIONS (1) Occupiers shall not litter on the common property and garden areas. Any personal items found discarded on any area of the

common property will be thrown away immediately. (2) The gardeners and cleaners employed by the Body Corporate may not be employed to do any private work for owners

during their normal working hours unless specifically authorised by the Trustees. (3) No stones or other solid objects may be thrown on the property. (4) Should any damage of whatsoever nature be caused to the common property by a occupier, his family, his tenants, his

visitors, his employees, or his pets or those of his family, his tenants or his visitors, the occupier shall be liable to reimburse the Body Corporate for the cost of repairing such damage. If an occupier residing on the property is not the owner of the unit occupied by him, the owner of the property shall be liable to reimburse the Body Corporate for the cost of repairing such damage.

13. PETS No animals, birds or other pets may be kept at MONTE VISTA either temporarily or permanently without the written consent of the Body Corporate and application for this must be done on the prescribed form.

14. VISITORS AND TENANTS Occupiers are responsible for the conduct of their visitors and tenants and they must ensure that the rules, whether in terms of the Sectional Titles Act or these rules are properly adhered to.

15. BUSINESS ACTIVITIES (1) No business professions or trades may be conducted on the common property or in a section. (2) No auctions or jumble sales may be held on the common property or in a section.

16. EXTERIOR (1) Nothing may, without the written approval of the trustees, be attached or installed on the outside of any section/unit. These

include but are not limited to air-conditioning units, decorations, awnings, exterior burglar proofing, additional external television aerials, communication antennas etc.

(2) The exterior of a section/unit may not be painted or otherwise treated, unless specifically authorised by the Trustees in writing.

17. DAMAGE ALTERATIONS OR ADDITIONS TO THE COMMON PROPERTY. (1) An owner or occupier shall not mark, paint, drive nails or screws or the like into, or otherwise damage or alter any part of

the common property without first obtaining the written consent of the Trustees. (2) Should any damage of whatsoever nature be caused to the common property by an owner, his family, his tenants, his

servants, his visitors, private contractors employed by him, or his agents, then the owner shall be liable to reimburse the Body Corporate for the cost of repairing such damage.

18. APPEARANCE FROM THE OUTSIDE No owner or occupier shall install or display anything at or on any part of a unit, the common property, balconies, patios, corridors or gardens which in the discretion of the Trustees are aesthetically displeasing or undesirable when viewed from the outside.

19. SIGNS AND NOTICES

ANNEXURE I




34 | P a g e

(1) No owner or occupier or their agents of a section/unit shall place or distribute any sign, notice, billboard or advertisement of any kind whatsoever on any part of the common property or section/unit, so as to be visible from the outside without the written consent of the Trustees.

(2) Any boards advertising the sale of a section/unit shall only be permitted on the common property over weekends while the section is on show for sale.

20. LITTERING No occupier shall deposit, throw, or permit or allow to be deposited or thrown on the common property any rubbish, including dirt, cigarette butts, builders rubble, food scraps or any other litter whatsoever.

21. LAUNDRY (1) No occupier shall erect his own washing lines nor hang any washing or laundry or any other items on any part of the

buildings or common property so as to be visible from outside the buildings or from other sections/units. Any clothing so hung shall be removed immediately.

(2) Washing hung out to dry in designated areas is at the sole risk of the person doing so.

22. STORAGE OF INFLAMMABLE MATERIAL AND OTHER DANGEROUS ACTS No occupier shall store any material, or do or permit or allow to be done, any other act, in his section or in any of the buildings or on the common property which will or may increase the rate of the premium payable by the Body Corporate on any insurance policy.

23. LETTING OF UNITS All tenants of units and other persons granted rights of occupancy by any owner of the relevant unit are obliged to comply with these conduct rules, notwithstanding any provision to the contrary contained in any lease or any grant of rights of occupancy. The onus shall be upon the owner to ensure that a tenant or occupant is aware of and complies with these rules. The owner of the unit shall be liable for any damage caused by the tenant or occupant of his unit.

24. ERADICATION OF PESTS (1) An owner or occupier shall keep his section free of cockroaches, sugar ants, white ants, borer and other wood destroying

insects and to this end shall permit the Trustees, the managing agent, and their duly authorised agents or employees, to enter his section from time to time for the purpose of inspecting the section and taking such action as may be reasonable necessary to eradicate any such pests.

(2) The costs of the inspection, eradicating any such pests as may be found within the section, replacement of any woodwork or other material forming part of such section which may be damaged by any such pests shall be borne by the owner of the section concerned.

25. IMMORAL BEHAVIOUR (1) An owner or occupier shall not enter the buildings or his section severely intoxicated or under the influence of drugs or with

an illegal or immoral intent. (2) No owner or occupier shall enter the premises of another owner or occupier uninvited.

26. COMPENSATION FOR IMPROVEMENTS An owner shall not be entitled to claim or receive any refund or compensation whatsoever from the Body Corporate for any additions or improvements effected by him to any of the common property unless with the express written consent of the Body Corporate.

27. LANGUAGE Any owner or occupant, who does not speak, read or understand the English language, undertakes to get a translation of all the relevant documentation and rules at his own cost and expense.

28. ALTERATION OF SECTIONS (1) No owner of a section shall, except with the prior written consent of the Trustees and in accordance with section 24 of The

Sectional Titles Act No 95 of 1986, alter or add to, or permit to be added to or altered, structurally or decoratively, externally or internally, the whole or any portion of such section.

(2) An application for permission to carry out any work contemplated in (1) shall be submitted to the Trustees in writing together with plans and shall: (a) state the date of commencement and completion of such work (b) contain details of the manner in which the building materials will be conveyed up from, and down to ground level

and the volumes of such materials. If outside building hoists, or block and tackle gear are to be used, details of the intended equipment are to be submitted to the Trustees and consent obtained prior to installation.

(3) Before the Trustees approve any plans for any work contemplated in (1), the applicant will deposit a sum of money with the managing agent which will not exceed R5 000.00. The Trustees shall at their discretion allocate funds from this deposit to repair damage caused to the common property by the applicants’ building operations. Where a deposit becomes

ANNEXURE I




35 | P a g e

insufficient the Trustees shall require a further deposit. When the works are completed, the deposit, without interest, less deductions, if any, will be returned to the owner. The rights of the Trustees in terms of this clause shall not derogate from any other legal rights which the Trustees may have.

(4) Before any work commences, the owner will ensure that he is in possession of newly approved municipal plans containing the alterations envisaged as well as a newly approved site development plan.

(5) The Trustees will nominate an agent (“the nominated Trustee”) who will be responsible for day to day dealing with an owner engaged in any work contemplated in (1).

(6) If this rule is infringed in any respect whatsoever and by any persons whosoever, the nominated Trustee is empowered to order the suspension of work until the nominated Trustee is satisfied and assured by the owner that there will be no reoccurrence failing which the Trustees are empowered to apply for a court interdict to stop building work in progress and the cost of such action shall be born by the owner.

(7) The owner shall ensure that: (a) the building contractor employs a full-time, responsible foreman on the site during all the permissible times and

that no work may proceed if he absents himself even temporarily. (b) PVC dust sheets are fitted to any exposed part of the section being altered so that no dust escapes from the section.

Any dirt or dust that may dirty common property in spite of these protective measures must be cleaned up immediately.

(8) No building materials may remain on any part of the common property after the end of the day and all dust and rubble must be completely removed at the end of each working day. During the day building materials may only be stored in areas designated by the nominated Trustee.

(9) Any damage to neighbouring sections or to the common property must be made good immediately and, failing this, the nominated Trustee may require that all building operations cease until he is satisfied that the damage has been repaired.

(10) It shall be the applicant’s responsibility to note and bring to the attention of the nominated Trustee any damage existing before commencing operations and for which he accordingly will not be responsible.

(11) Any alterations, construction or any other such like work may not be carried out except during the hours from Monday to Friday 08h00 to 17h00 and all such activities are prohibited on Saturdays, Sundays, and public holidays. Emergency repairs may be effected outside these hours if sanctioned by the Trustees.

(12) All work, but particularly plumbing and electrical work done by an owner or occupier on any section shall be done only by suitably licensed or registered workman and contractors.

(13) If there is any deviation between the final building and the approved municipal plan, the owner must submit “As Built” drawings (including an “As Built” Site Development Plan) to the municipality for approval within two weeks from completion of the building work.

29. GENERAL (1) An owner shall not:

(a) use his section or permit his section to be used for any purpose which is injurious to the reputation of the Body Corporate or the Sectional Title Scheme.

(b) allow his unit to be occupied by more occupiers than the total amount of people equalling the amount of bedrooms in his unit times 2 (4 people in a two bedroom apartment, and 6 people in a three bedroom apartment).

(c) keep or do anything on the common property after having been served with notice in that regard by the Trustees. (d) deny the Trustees access to any section for the purpose of inspection.

(2) When the purpose for which a section is intended to be used, is shown expressly or by necessary implication on or by the registered sectional plan, an owner shall not use or permit his section to be used for any other purpose.

(3) No duty shall be placed upon any owner in regard to the provision of any improvement on or to the common property unless a proposal to make such improvement has been approved by a special resolution at a general meeting of the Body Corporate.

(4) Should the caretaker or manager be requested to give access to any section by any owner or occupier such instruction shall be at their sole risk.

(5) Under no circumstances may owners or occupiers tamper with or have work done on the electrical apparatus which serves the common property (this includes the PV Solar Panels and water heating systems installed at the units). Any electrical faults detected on the common property must be reported to the manager / caretaker.

30. ENFORCEMENT OF RULES (1) Any breach of these rules shall be dealt with in the manner provided in Annexure “A” of these rules. (2) Any breach by a tenant or occupier shall be deemed to be a breach by an owner of the unit occupied by that tenant or

occupier.

ANNEXURE I




36 | P a g e

ANNEXURE “A”

A. Any breach of the conduct rules, or any conduct detrimental or prejudicial to the interest of the Body Corporate or unbefitting a member thereof shall be notified to the Trustees in writing, which notification shall contain full details of the alleged breach of conduct and be signed by the person making same.

B. On receipt of the aforesaid notification the Trustees shall forthwith dispatch a copy thereof to the person against whom the complaint has been made (the alleged offender hereinafter) and advise him of a time, date and place at which the complaint shall be adjudicated upon. The Trustees shall similarly notify the complainant of such time, date and place.

C. At the appointed time and place a quorum of not less that 3 Trustees or 70% of the Trustees, whichever is the lesser shall inquire into and investigate the complaint, and shall have the power to call before them and examine any member of the Body Corporate, any occupier, guest, invitee or any other person who may be able to give evidence of assistance to the Trustees in arriving at a decision. The Trustees shall also have the power and be entitled to appoint an attorney to act on behalf of the Body Corporate.

D. If after due delivery and providing that an application for an adjournment or remand has not been submitted by the alleged offender in writing and duly served upon the Trustees, the alleged offender fails or refuses to attend the adjudication, the Trustees shall be empowered to adjudicate in the alleged offender’s absence, and such findings as may be made shall then have the due force and effect of a finding made in his presence and with his participation.

E. The alleged offender shall have the right to call evidence in support of his contentions and in defence to the complaint against him and he, the complainant, and any person giving evidence at the inquiry shall have the right to be legally represented, providing only that this shall be done at their cost and not that of the Body Corporate or the Trustees.

F. After hearing all the evidence considered necessary by them, the Trustees shall give such decision/s as appears to the majority of them to be just and equitable and may decide to take no action or to caution or reprimand the alleged offender or to impose a pecuniary penalty in the sum not exceeding R10 000.00 (Ten thousand rand). Such pecuniary penalty shall be paid into the coffers of the Body Corporate. Notwithstanding the above, the Trustees may suspend such pecuniary penalty in total or in part, may require the alleged offender to lodge a pecuniary bond or pledge which shall be repayable without interest after a period specified by the Trustees, which pledge shall be considered to be a “binding over to keep the peace” as practiced in South African Criminal Law. Nothing shall prevent the Trustees, should the facts so warrant it, from binding both alleged offender and complainant over to keep the peace.

G. If the Trustees decided to impose a pecuniary penalty the fact thereof and the amount of the penalty shall be certified in writing by the Chairman of the Trustees and delivered to the alleged offender who shall, subject to the right of appeal hereinafter set out, be obliged to pay to the Body Corporate the amount of the penalty therein prescribed within a period of 28 (twenty eight) days of receipt of such certificate.

H. The Trustees may forthwith inform all members of the Body Corporate in writing of the outcome of the inquiry and the amount of the penalty imposed, if any.

I. The alleged offender and any other member of the Body Corporate shall have the right to appeal to an extraordinary general meeting of the Body Corporate. Such appeal shall be lodged in writing with the Chairman of the Board of Trustees within 21 (twenty one) days of the date of the decision, failing which the right of appeal shall lapse. The notice of appeal shall be signed by the appellant and specify the grounds of appeal. Until expiry of the period of 21 (twenty one) days aforesaid any consequences arising from the verdict and sentence shall be deemed to be suspended.

J. Upon timeous receipt of a duly completed notice of appeal, such consequences shall likewise be suspended until the determination of the appeal and the Chairman of the Trustees shall, within 21 (twenty one) days after receipt of the notice of appeal convene an extraordinary general meeting of the Body Corporate for the purpose of hearing the appeal. The provisions contained in Annexure 8 of the Sectional Titles Act No 95 of 1986, relating to the convening and conduct of meetings shall prevail.

K. At the extraordinary general meeting the provision of C; D; E; F; G above, shall apply mutatis mutandis. An appeal shall be decided by an ordinary majority of the members present at the extraordinary general meeting who shall have absolute discretion and whose decision shall be binding on the alleged offender and all members of the Body Corporate.

L. On appeal the decision of the Trustees may be confirmed, set aside or otherwise varied as the Body Corporate may determine. If the appeal is dismissed any penalty imposed by the Trustees and or Body Corporate shall be paid to the appellant within 7 (seven) days of the date of such dismissal.

M. No member of the Body Corporate or a Trustee shall be entitled to adjudicate or vote on any matter in which he was the initial “alleged offender”.

N. Nothing in the Rules or in Annexure “A” shall be considered as removing the rights of the Trustees to remand or adjourn an inquiry, provided that it is in the interest of justice and equity.

O. A written record of the initial inquiry and appeal may be kept by the Chairman of the Trustees or his delegated deputy. Should such written record be kept it shall be deemed absolutely to be a correct and accurate transcript of all proceedings.

ANNEXURE J

MONTE VISTA BODY CORPORATE MANAGEMENT RULES & PARKING/GARDEN SCHEDULE



37 | P a g e

MONTE VISTA MANAGEMENT RULES Preliminary 1. The Rules contained in this Annexure shall not be added to, amended or repealed except in accordance

with section 35 (2) (a) of this Act, and subject to the provisions of section 35 (3) and (5) of the Act. Interpretation 2. In the interpretation of these rules, unless the context otherwise indicates-

(a) 'Act' means the Sectional Titles Act, 1986 (Act 95 of 1986), as amended from time to time, and any regulations made and in force there under;

(b) 'accounting officer' means a person who in terms of section 60 (2) of the Close Corporation Act, 1984 (Act 69 of 1984), is qualified to perform the duties of an accounting officer;

(c) 'auditor' means an auditor qualified to act as such under the Public Accountants' And Auditors' Act, 1951 (Act 51 of 1951);

(d) 'registered mortgagee' means any mortgagee of whom the body corporate has been notified in writing as contemplated in section 44 (1) (f)of the Act;

(e) 'trustee' includes an alternate trustee. (f) words and expressions to which a meaning has been assigned in the Act, shall bear the meanings so

assigned to them; (g) words importing-

(i) the singular number only shall include the plural, and the converse shall also apply; (ii) the masculine gender shall include the feminine, and neuter genders; and the neuter gender shall

include the masculine and feminine genders; (h) the headings to the respective rules are provided for convenience of reference only and are not to

be taken into account in the interpretation of the rules. Domicilium citandi et executandi 3(1) The trustees shall from time to time determine the address constituting the domicilium citandi et

executandi of the body corporate as required by section 37(1) (m) of the Act, subject to the following- (a) Such address shall be situated in the magisterial district in which the scheme is situated and shall

be the address of the chairman or other resident trustee duly appointed in general meeting or in the magisterial district in which the offices of any duly appointed managing agent are situated being the address of such managing agent;

(b) no change of such address shall be effective until written notification thereof has been received by the registrar;

(c) the trustees shall give notice to all owners of any change of such address. (2) The domicilium citandi et executandi of each owner shall be the address of the section registered in his

name: Provided that such owner shall be entitled from time to time to change the said domicilium but that any new domicilium selected shall be situate in the Republic, and that the change shall only be effective on receipt of written notice thereof by the body corporate at its domicilium.

TRUSTEES OF THE BODY CORPORATE Qualifications; appointment and election; tenure of office; remuneration; indemnity 4(1) The number of trustees shall be determined from time to time by the members of the body corporate in

general meeting, provided that there shall be not less than two trustees. (2) With effect from the date of the establishment of the body corporate, all owners shall be trustees who

shall hold office until the first general meeting of the members of the body corporate as contemplated in rule 50 (1) whereupon they shall retire but shall be eligible for re-election.

(3) The chairman of the trustees referred to in rule 4 (2) shall by the developer concerned or his nominee, who shall hold office until the general meeting referred to in the said rule, when he shall retire as a trustee and as chairman, but shall be eligible for re-election in terms of rule 18.

Qualifications 5. Save for the provisions of rule 4 (2), a trustee or alternate trustee shall not be required to be an owner or

the nominee of an owner who is a juristic person, in order to qualify for office as a trustee: Provided that- (a) the majority of the trustees are owners, or spouses of owners; and (b) the managing agent or any of his or her employees or employee of the body corporate may not be a

trustee unless he or she is an owner. Election of trustees 6. Save for the provisions of rule 4 (2), the trustees shall be elected at the first annual general meeting and

thereafter at each subsequent annual general meeting, and shall hold office until the next succeeding annual general meeting, but they shall be eligible for re-election, if so nominated. (Rule 6 substituted by GN R1422 of 1997)

Nominations 7. Nominations by owners for the election of trustees at any annual general meeting shall be given in writing,

accompanied by the written consent of the person nominated, so as to be received at the domicilium of the body corporate not later than 48 hours before the meeting: Provided that trustees are also capable of being

ANNEXURE J




38 | P a g e

elected by way of nominations with the consent of the nominee given at the meeting itself should insufficient written nominations be received to comply with rule 4 (1).

Vacancy in number of trustees 8. The trustees may fill any vacancy in their number. Any trustee so appointed shall hold office until the next

annual general meeting when he shall retire and be eligible for re-election as though he had been elected at the previous annual general meeting.

Alternate Trustees 9(1) The trustees may appoint another person, whether or not he be the owner of a unit, to act as an

alternate trustee during the absence or inability to act of a trustee. (2) An alternate trustee shall have the powers and be subject to the duties of a trustee. (3) An alternate trustee shall cease to hold office if the trustee whom he replaces, ceases to be a trustee, or

if the alternate's appointment is revoked by the trustees. Remuneration 10(1) Unless otherwise determined by a special resolution of the owners trustees who are owners shall not

be entitled to any remuneration in respect of their services as such: provided that the body corporate shall reimburse to the trustees all disbursements and expenses actually and reasonably incurred by them in carrying out their duties and exercising their powers.

(2) The body corporate may remunerate trustees who are not owners at such rate as may be agreed upon between the body corporate and such trustees, and such trustees shall further be entitled to have refunded to them any disbursements and expenses incurred by them in the circumstances envisaged in the proviso to sub-rule (1) of this rule, provided always that an alternative trustee appointed by a trustees, who is not an owner, shall claim his remuneration, if any, from the trustee whom he replaced and not from the body corporate, unless the body corporate has been instructed in writing by such trustee to pay any portion of his remuneration to such alternate trustee.

Validity of acts of trustees 11. Any act performed by the trustees shall, notwithstanding that it is after the performance of the act

discovered that there was some defect in the appointment or continuance in office of any trustee, be as valid as if such trustee had been duly appointed or had duly continued in office.

Indemnity 12(1)(a) Subject to the provisions of sub-rule (2), every trustee, agent or other officer or servant of the

body corporate shall be indemnified by the body corporate against all costs, losses, expenses and claims which he may incur or become liable to by reason of any act done by him in the discharge of his duties, unless such costs, losses, expenses or claims are caused by the mala fide or grossly negligent act or omission of such person.

(b) It shall be the duty of the trustees to pay such indemnity out of the funds of the body corporate. (2) The indemnity referred to in sub-rule (1) shall not apply in favour of any managing agent appointed in

terms of rule 46. DISQUALIFICATION OF TRUSTEES Removal from office 13. A trustee shall cease to hold office as such-

(a) if by notice in writing to the body corporate, he resigns his office; (b) if he is or becomes of unsound mind; (c) if he surrenders his estate as insolvent, or if his estate is sequestrated; (d) if he is convicted of an offence which involves dishonesty; (e) if by resolution of a general meeting of the body corporate, he is removed from his office, provided

that the intention to vote upon the removal from office has been specified in the notice convening the meeting;

(f) if he is or becomes disqualified in terms of section 218 or 219 of the Companies Act, 1973, from being appointed or acting as a director of a company.

Replacement 14. The body corporate may at a general meeting appoint another trustee in the place of any trustee who

has ceased to hold office in terms of rule 13, for the unexpired part of the term of office of the trustee so replaced.

MEETING OF TRUSTEES QUORUM; CHAIRMAN; VOTING When to be held and notice 15(1) Subject to the provisions of sub-rule (2) and (3) hereof, the trustees may give notice convening

meetings, meet together for the despatch of business, adjourn and otherwise regulate their meetings as they think fit. It shall not be necessary to give notice of a meeting of trustees to any trustee for the time being absent from the Republic, but notice of any such meeting shall be given to his alternate, if he has appointed one, where such an alternate is in the Republic.

ANNEXURE J




39 | P a g e

(2) A trustee may at any time convene a meeting of the trustees by giving to the other trustees and all first mortgagees in the circumstances referred to in subrule(3) hereof, not less than seven days' written notice of a meeting proposed by him, which notice shall specify the reason for calling such a meeting: Provided that in cases of urgency such shorter notice as is reasonable in the circumstances may be given.

(3) Any mortgagee holding first mortgage bonds over units shall, if he so requires the trustees in writing be entitled to receive reasonable notice of all meetings of the trustees.

(4) The nominee of any such first mortgagee shall be entitled to attend and speak at all meetings of the trustees but shall not, in his capacity as such, be entitled to vote thereat.

(5) An owner shall be entitled to attend and speak at any meeting of the trustees, but shall not in his or her capacity as such, be entitled to vote thereat.

Quorum 16(1) At a meeting of the trustees, 50 percent of the number of trustees but not less than two, shall form a

quorum. (2) If the number of trustees falls below the number necessary to form a quorum, the remaining trustee or

trustees may continue to act, but only for the purpose of appointing or co-opting additional trustees to make up a quorum or for the purpose of convening a general meeting of owners.

17. If at any meeting of trustees a quorum is not present within thirty minutes of the appointed time of the meeting, such meeting shall stand adjourned to the next business day at the same time, and the trustees then present, who shall not be less than two, shall form a quorum.

Chairman 18. At the commencement of the first meeting of trustees after an annual general meeting, at which trustees

have been elected, the trustees shall elect a chairman from among their number, who shall hold office as such until the end of the next annual general meeting of the members of the body corporate and who shall have a casting as well as a deliberative vote, save where there are only two trustees.

19. The trustees at a trustees' meeting or the body corporate at a special meeting, in respect of either of which notice of the intended removal from office of the chairperson has been given, may remove the chairperson from his or her office.

20. If any chairman elected in terms of rule 18 vacates his office as chairman or no longer continues in office by virtue of the provisions of rule 19, the trustees shall elect another chairman who shall hold office as such for the remainder of the period of office of the first-mentioned chairman, and who shall have the same rights to voting.

21. If any chairman vacates the chair during the course of a meeting or is not present or is for any other reason unable to preside at any meeting, the trustees present at such meeting shall choose another chairman for such meeting who shall have the same rights of voting as the chairman.

Voting 22. All matters at any meeting of the trustees shall be determined by a majority of the votes of the trustees

present and voting. 23. A trustee shall be disqualified from voting in respect of any contract, or any litigation or proposed

litigation, with the body corporate, by virtue of any interes the may have therein. 24. A resolution in writing signed by all the trustees for the time being present in the Republic and being not

less than are sufficient to form a quorum, shall be as valid and effective as if it had been passed at a meeting of the trustees duly convened and held.

THE FUNCTIONS, POWERS AND DUTIES OF TRUSTEES General 25. The duties and powers of the body corporate shall, subject to the provisions of the Act and these rules

and to any restriction imposed or direction given at a general meeting of the owners of sections, be performed or exercised by the trustees of the body corporate holding office in terms of these rules.

Powers 26(1) Subject to any restriction imposed or direction given at a general meeting of the body corporate, the

powers of the trustees shall include the following: (a) to appoint for and on behalf of the body corporate such agents and employees as they deem fit

in connection with- (i) the control, management and administration of the common property; and (ii) the exercise and performance of any or all of the powers and duties of the body corporate;

(b) to delegate to one or more of the trustees such of their powers and duties as they deem fit, and at any time to revoke such delegation.

(2) The trustees may not make loans on behalf of the body corporate to owners of units or to themselves. Signing of Instruments

ANNEXURE J




40 | P a g e

27. No document signed on behalf of the body corporate, shall be valid and binding unless it is signed by a trustee and the managing agent, referred to in rule 46 or by two trustees or, in the case of a certificate issued in terms of section15B (3) (i) (aa) of the Act, by two trustees or the managing agent.

DUTIES OF TRUSTEES Statutory and General Duties 28(1) Without detracting from the scope of the additional duties specified in rules 29 to 45, inclusive, and

subject to the provisions of such rules, the trustees shall perform the functions entrusted to them by sections 37 and 39 of the Act.

(2) The trustees shall do all things reasonably necessary for the control, management and administration of the common property in terms of the powers conferred upon the body corporate by section 38 of the Act.

(3) The trustees shall do all things reasonably necessary for the enforcement of the rules in force. Insurance 29(1)(a) At the first meeting of the trustees or as soon thereafter as is

possible, and annually thereafter, the trustees shall take steps to insure the buildings, and all improvements to the common property, to the full replacement value thereof, subject to negotiation of such excess, premiums and insurance rates as in the opinion of the trustees are most beneficial to the owners, against- (i) fire, lightning and explosion; (ii) riot, civil commotion, strikes, lock-outs, labour disturbances or malicious persons acting on

behalf of or in connection with any political organization; (ii) storm, tempest and flood; (iv) earthquake; (v) aircraft and other aerial devices or articles dropped there from; (vi) bursting or overflowing of water tanks, apparatus or pipes; (vii) impact with any of the said buildings or improvements by any road vehicle, horses or cattle; (viii) housebreaking or any attempt thereat; (ix) loss of occupation or loss of rent in respect of any of the above risks; (x) such other perils or dangers as the trustees or any holder of first mortgage bonds over not

less than 25% in number of the units in the scheme, may deem appropriate. (b) The trustees shall at all times ensure that in the policy of insurance referred to in paragraph (a)

above- (i) there is specified the replacement value of each unit(excluding the owner's interest in the

land)- (aa) initially [but subject to the provisions of subparagraph (cc)] in accordance with the

trustees' estimate of such value; (bb) after the first annual general meeting [but subject to the provisions of subparagraph

(cc)] in accordance with the schedule of values as approved in terms of paragraph (c); or

(cc) as required at any time by any owner in terms of paragraph (d); (ii) any 'average' clause is restricted in its effect to individual units and does not apply to the

building as a whole. (iii) there is included a clause in terms of which the policy is valid and enforceable by any

mortgagee against the insurer notwithstanding any circumstances whatsoever which would otherwise entitle the insurer to refuse to make payment of the amount insured unless and until the insurer on not less than 30 days' notice to the mortgagee shall have terminated such insurance.

(c) Before every annual general meeting, the trustees shall cause to be prepared schedules reflecting their estimate of- (i) the replacement value of the buildings and all improvements to the common property; and (ii) the replacement value of each unit (excluding the owner's interest in the land), the aggregate

of such values of all units being equal to the value referred to in subparagraph (i)above, and such schedules shall be laid before the annual general meeting or consideration and approval in terms of rule 56.

(d) Any owner may at any time increase the replacement value as specified in the insurance policy in respect of his unit: Provided that such owner shall be liable for payment of the additional insurance premium and shall forthwith furnish the body corporate with proof thereof from the insurer.

(e) The trustees shall, on the written request of a mortgagee and satisfactory proof thereof, record the cession by any owner to such mortgagee of the owner's interest in the application of the proceeds of the policies of insurance effected in terms of rule 29 (1) (a).

ANNEXURE J




41 | P a g e

(2) At the first meeting of the trustees or as soon thereafter as is possible, the trustees shall take all reasonable steps- (a) to insure the owners and the trustees and to keep them insured against liability in respect of-

(i) death, bodily injury or illness; or (ii) loss of, or damage to, property, occurring in connection with the common property, for a sum of

liability of not less than one hundred thousand rand, which sum may be increased from time to time as directed by the owners in general meeting; and

(b) to procure to the extent, if any, as determined by the members of the body corporate in a general meeting, a fidelity guarantee in terms of which shall be refunded any loss of moneys belonging to he body corporate or for which it is responsible, sustained as a result of any act of fraud or dishonesty committed by any insured person being any person in the service of the body corporate and all trustees and persons acting in the capacity of managing agents of the body corporate; and

(3) The owners may by special resolution direct the trustees to insure against such other risks as the owners may determine.

(4) The owner of a section is responsible for any excess payment in respect of his or her section payable in terms of a contract of insurance entered into by the body corporate: provided that owners may by special resolution determine that the body corporate is responsible for excess payments in respect of specified damage.

Contributions and liability in terms of sections 37(1) and 47 of the Act 30. It shall be the duty of the trustees to levy and collect contributions from the owners in accordance with the

provisions and in the proportions set forth in rule 31. 31(1) The liability of owners to make contributions, and the proportions in which the owners shall make

contributions for the purposes of section 37 (1) of the Act, or may in terms of section 47 of the Act be held liable for the payment of a judgment debt of the body corporate, shall with effect from the date upon which the body corporate comes into being, be borne by the owners in accordance with a determination made in terms of section 32 (4) of the Act, or in the absence of such determination, in accordance with the participation quotas attaching to their respective sections.

(2) At every annual general meeting the body corporate shall approve, with or without amendment, the estimate of income and expenditure referred to in rule36, and shall determine the amount estimated to be required to be levied upon the owners during the ensuing financial year.

(2A)Where the financial year-end and the annual general meeting of a body corporate do not coincide, the budget shall coincide with the financial year of the scheme.

(3) Within fourteen days after each annual general meeting the trustees shall advise each owner in writing of the amount payable by him or her in respect of the estimate referred to in subrule (2), whereupon such amount shall become payable in instalments, as determined by the trustees.

(4) (Subrule (4) deleted by GNR 805 of 2011) (4A) After the expiry of a financial year and until they become liable for contributions in respect of the

ensuing financial year, owners are liable for contributions in the same amounts and payable in the same instalments as were due and payable by them during the expired financial year: provided that the trustees may, if they consider it necessary and by written notice to the owners, increase the contributions due by the owners by a maximum of 10 per cent to take account of the anticipated increased liabilities of the body corporate.

(5) An owner shall be liable for and pay all legal costs, including costs as between attorney and client, collection commission, expenses and charges incurred by the body corporate in obtaining the recovery of arrear levies, or any other arrear amounts due and owing by such owner to the body corporate, or in enforcing compliance with these rules, the conduct rules or the Act.

(6) The trustees shall be entitled to charge interest on arrear amounts at such rate as they may from time to time determine.

Record of Rules and their Availability 32(1) The trustees shall keep a complete record of all rules in force from time to time and shall ensure that

any amendment, substitution, addition or repeal of such rules (as contemplated in section 35 (5) of the Act) is submitted forthwith to the Registrar of Deeds for filing as contemplated in section 35 (5) (c) of the Act.

(2) The trustees shall on the application of- (a) an owner of a unit; (b) an occupant of a unit; (c) the prospective purchaser of a unit; (d) the holder of any registered sectional mortgage bond; (e) the managing agent; and (f) the auditor or the accounting officer,

ANNEXURE J




42 | P a g e

supply to any such person a copy of all rules in force, and may require them to pay a reasonable charge therefor.

Improvements Luxurious improvements 33(1) The trustees may, if the owners by unanimous resolution so decide, effect or remove improvements of

a luxurious nature on the common property. Non-luxurious improvements

(2)(a) Should the trustees wish to effect or remove any improvements to the common property, other than luxurious improvements referred to in subrule(1), they shall first give written notice of such intention to all owners and such notice shall- (i) indicate the intention of the trustees to proceed with the improvement or removal thereof

upon the expiry of a period of not less than thirty days reckoned from the date of posting such notice; and

(ii) provide details of the improvements or removal thereof as to- (aa) the costs thereof; and (bb) the manner in which it is to be financed and the effect upon levies paid by owners;

and (cc) the need, desirability and effect thereof.

(b) The trustees shall at the written request of any owner convene a special general meeting in order to discuss and to deliberate upon the proposals contained in the notice referred to in paragraph (a), at which meeting the owners may approve, with or without amendments, such proposals by way of special resolution.

(c) In the event of such a special general meeting being called, the trustees shall not proceed with their proposals until the holding of such meeting, whereupon they shall be bound by any special resolution ensuing therefrom.

(3) Notwithstanding the provisions of subrules (1) and (2), the trustees shall, if so required in writing by a majority of owners, procure the installation and maintenance in good working order, at the body corporate's cost, of separate meters to record the consumption of electricity, water and gas in respect of each individual section and the common property.

(4) If and for so long as no separate meters have been installed in terms of subrule(3) the contribution payable by each owner in respect of electricity, water and gas shall be calculated in accordance with the provisions of rule 31.

Minutes 34(1) The trustees shall-

(a) keep minutes of their proceedings; (b) cause minutes to be kept of all meetings of the body corporate in a minute book of the body

corporate kept for the purpose; (c) include in the minute book of the body corporate a record of every unanimous resolution, special

resolution and any other resolution of the body corporate. (2) The trustees shall keep all minute books in perpetuity. (3) On the written application of any owner or registered mortgagee of a unit, the trustees shall make all

minutes of their proceedings and the minutes of the body corporate available for inspection by such owner or mortgagee.

Books of Account and Records 35(1) The trustees shall cause proper books of account and records to be kept so as fairly to explain the

transactions and financial position of the body corporate, including- (a) a record of the assets and liabilities of the body corporate; (b) a record of all sums of money received and expended by the body corporate and the matters in

respect of which such receipt and expenditure occur; (c) a register of owners and of registered mortgagees of units and of all other persons having real

rights in such units (insofar as written notice shall have been given to the trustee by such owners, mortgagees or other persons) showing in each case their addresses; and

(d) individual ledger accounts in respect of each owner. (2) On the application of any owner, registered mortgagee or of the managing agent the trustees shall

make all or any of the books of account and records available for inspection by such owner, mortgagee or managing agent.

(3) The trustees shall cause all books of account and records to be retained for a period of six years after completion of the transactions, acts or operations to which they relate: Provided that minute books shall be retained for so long as the scheme remains registered.

Annual financial estimate, financial statements and report

ANNEXURE J




43 | P a g e

36(1) Prior to the commencement of every financial year of the body corporate, the trustees shall cause to be prepared an itemised estimate of the anticipated income and expenses of the body corporate for the ensuing financial year, which estimate shall be laid before the annual general meeting for consideration in terms of rule 56 hereof.

(2) The estimate of expenses referred to in sub-rule (1) shall include a reasonable provision for contingencies and the maintenance of the common property.

37(1) The trustees shall cause to be prepared, and shall lay before every annual general meeting, for consideration in terms of rule 56 (a), a financial statement in conformity with generally accepted accounting practice, which statement shall fairly present the state of affairs of the body corporate and its finances and transactions as at the end of the financial year concerned.

(2) The financial statement shall include information and notes pertaining to the proper financial management by the body corporate, including: (a) an analysis of the periods of debts and the amounts due in respect of levies, special levies and

other contributions; (b) an analysis of the periods and the amounts due, owing by the body corporate to the creditors and

in particular to any public or local authority in respect of rates, taxes and charges for consumption or services, including but not limited to, water, electricity, gas, sewerage and refuse removal;

(c) the expiry dates of all insurance policies. 38.The trustees shall further cause to be prepared and shall lay before every annual general meeting a report

signed by the chairman reviewing the affairs of the body corporate during the past year, for consideration in terms of rule 56 (a).

39(1) The trustees shall cause copies of the schedules, estimate, audited statement and report referred to in rules 29 (1) (c), 36, 37 and 38 to be delivered to each owner, and to any mortgagee which has advised the body corporate of its interest, at least fourteen days before the date of the annual general meeting at which they are to be considered.

(2) Delivery for purpose of subrule (1) shall be deemed to have been effected if the documents referred to are sent to the owner at the address referred to in rule 3(2), and to any mortgagee as aforesaid at the address of such mortgagee as reflected in the records of the body corporate: Provided that delivery for purposes of subrule (1) shall also be deemed to have been effected on the owner if the said documents are transmitted by facsimile or electronic mail to a facsimile number or electronic mail address specified by such owner in writing for the purposes of receiving such documentation which specification shall only be effective on receipt thereof by the body corporate at its domicilium.

Audit 40. At the first general meeting and thereafter at every ensuing annual general meeting, the body corporate

shall appoint an auditor to hold office from the conclusion of that meeting until the conclusion of the next annual general meeting: Provided that where a scheme comprises less than 10 units, an accounting officer may be appointed for that purpose and the auditor or accounting officer, as the case may be, must sign the financial statements.

Deposit and investment of funds 41.The trustees shall cause all moneys received by the body corporate to be deposited to the credit of an

account or accounts with a registered commercial bank or building society in the name of the body corporate and, subject to any direction given or restriction imposed at a general meeting of the body corporate, such moneys shall only be withdrawn for the purpose of payment of the expenses of the body corporate or investment in terms of rule 43.

42.The trustees may authorize the managing agent to administer and operate the accounts referred to in rule 41 and 43: Provided that where the managing agent is an estate agent as defined in the Estate Agents' Act, 1976 (Act 112 of 1976), the trustees may authorize such managing agent to deposit moneys contemplated in rule 41 in a trust account as contemplated in section 32 (3) of the Estate Agents' Act, 1976, which moneys shall only be withdrawn for the purposes contemplated in rule 41.

43. Any funds not immediately required for disbursement may be invested in a savings or similar account with any registered building society or bank approved by the trustees from time to time.

44.Interest on moneys invested shall be used by the body corporate for any lawful purpose. No refunds or distribution of profits or assets 45(1) The owners shall not be entitled to a refund of contributions lawfully levied upon them and duly paid

by them. (2) No portion of the profits or gains of the body corporate shall be distributed to any owner or any other

person except upon destruction or deemed destruction of the building, or where such profit or gain is of a capital nature.

The appointment, powers and duties of a managing agent 46(1)(a) Notwithstanding anything to the contrary contained in rule 28, and subject to the provisions of

section 39 (1) of the Act, the trustees may from time to time, and shall if required by a registered mortgagee of 25 per cent of the units or by the members of the body corporate in a general meeting,

ANNEXURE J




44 | P a g e

appoint in terms of a written contract a managing agent to control, manage and administer the common property and the obligations to any public or local authority by the body corporate on behalf of the unit owners, and to exercise such powers and duties as may be entrusted to the managing agent, including the power to collect levies and to appoint a supervisor or caretaker.

(b) A managing agent is appointed for an initial period of one year and thereafter such appointment shall automatically be renewed from year to year unless the body corporate notifies the managing agent to the contrary: provided that notice of termination of the contract may be given by the trustees in accordance with a resolution taken at a trustee meeting or an ordinary resolution taken at a general meeting.

(2)(a) The trustees shall ensure that there is included in the contract of appointment of all managing agents a provision to the effect that if he is in breach of any of the provisions of his contract, or if he is guilty of conduct which at common law would justify the termination of a contract between master and servant, the trustees may, without notice, cancel such contract of appointment, and that the managing agent shall have no claim whatsoever against the body corporate or any of the owners as a result of such cancellation.

(b) Any one or more of the owners or mortgagees of sections in the buildings may, if the managing agent is in breach of the provisions of his contract or if he is guilty of any conduct which at common law would justify the termination of a contract between master and servant, require the trustees to cancel the managing agent's contract in terms of paragraph (a). The a foregoing provisions shall in no way detract from the trustees' rights to cancel the managing agent's contract.

(c) Any owner or mortgagee who required the trustees to cancel the managing agent's contract in terms of paragraph (b) shall furnish the trustees with such security as they in their discretion may determine for the payment of and shall indemnify the trustees and the body corporate against- (i) all litigation costs reasonably incurred by the trustees in enforcing such cancellation against the

managing agent; and (ii) all other costs and damages arising out of such cancellation, purported cancellation or litigation

for which the trustees or the body corporate might be liable up to the time such owner or mortgagee formally notifies the trustees that he no longer requires them to pursue the action.

(d) The trustees shall not be required to cancel the contract of appointment of the managing agent unless and until the owner or mortgagee requiring cancellation in terms of paragraph (b) has furnished them with the security and indemnity as specified in rule 46, paragraph (2)(c).

47. The contract with the managing agent shall further provide for the appointment to be revoked, and such managing agent shall cease to hold office if:

(i) where the managing agent is a juristic person, an order is made for its provisional or final liquidation or, where the managing agent is a natural person, he applies for the surrender of his estate as insolvent or his estate is sequestrated either provisionally or finally or, where the managing agent is a company, it is placed under judicial management; or

(ii) the managing agent is convicted of an offence involving an element of fraud or an element of dishonesty or, where the managing agent is a company or a close corporation, any of its directors or members is convicted of an offence involving an element of fraud or an element of dishonesty; or

(iii) a special resolution of the members of the body corporate is passed to that effect: Provided that in such event the managing agent so removed from office shall not be deprived of any right he may have to claim compensation or damages for breach of contract.

48. The managing agent shall keep full records of his or her administration and shall report to the body corporate and to all holders of registered sectional mortgage bonds who have notified the body corporate of their interest in terms of rule 54 (1) (b) of all matters which in his or her opinion detrimentally affect the value or amenity of the common property and any of the sections.

49(1) The trustees shall give reasonable prior notice to the managing agent of all meetings of the trustees and he may with the consent of the trustees be present thereat.

(2) The trustees shall from time to time furnish to the managing agent copies of all minutes of the trustees and of the body corporate.

MEETING OF OWNERS

GENERAL MEETINGS When to be held 50(1) The first meeting of owners shall be held within sixty days of the establishment of the body

corporate, at least seven days' notice of which shall be given in writing, and which notice shall be accompanied by a copy of the agenda of such meeting and details of the items referred to in sub-rule 2.

(2) The agenda for the meeting convened under subrule (1), shall comprise at least the following:

ANNEXURE J




45 | P a g e

(i) The consideration, confirmation or variation of the insurances effected by the developer or the body corporate;

(ii) the consideration, confirmation or variation of an itemised estimate of the anticipated income and expenses of the body corporate for the ensuing financial year;

(iii) the consideration and approval, with or without amendment, of the financial statements relating to the management, control and administration of the building from date of establishment of the body corporate to the date of notice of the meeting referred to in subrule (1);

(iv) subject to section 47 (2) of the Act, the taking of cession of such contracts relating to the management, control and administration of the building as may have been entered into by the developer for the continual management, control and administration of the building and the common property and in respect of which the developer shall be obliged to submit such contracts to the meeting;

(v) the appointment of an auditor, or where applicable, an accounting officer; (vi) the election of trustees; (vii)any restrictions imposed or directions given in terms of section 39 (1) of the Act; and (viii)determination of the domicilium citandi et executandi of the body corporate.

51(1) An annual general meeting shall be held within four months of the end of each financial year.

(2) Unless otherwise decided at a general meeting or by the trustees, the financial year of the body corporate shall run from the first day of March in each year to the last day of February in the following year.

52. All general meetings other than the annual general meeting shall be called special general meetings. 53. The trustees may whenever they think fit and shall upon a request in writing made either by owners

entitled to 25 per cent of the total of the quotas of all sections or by any mortgagee holding mortgage bonds over not less than 25 per cent in number of the units, convene a special general meeting. If the trustees fail to call a meeting so requested within fourteen days of the request, the owners or mortgagee concerned shall be entitled themselves to call the meeting.

Notice of general meetings 54(1) Unless otherwise provided for in the Act, at least fourteen days' notice of every general meeting

specifying the place, within the magisterial district where the scheme is situated, or such other place determined by special resolution of members of the body corporate, the date and the hour of the meeting and, in the case of special business, the general nature of such business, shall be given- (a) to all owners; (b) to all holders of registered mortgage bonds over units who have advised the body corporate of

their interests; and (c) to the managing agent.

(2) The holders of registered mortgage bonds and the managing agent referred to in sub-rule (1), shall have the right to attend the meeting herein referred to and to speak at such meetings, but shall not, in their respective capacities as such, be entitled to vote thereat.

(3) The notice referred to in sub-rule (1) (a) shall be deemed to have been sufficiently given and delivered if delivered in accordance with rule 39 (2).

(4) The notice referred to in sub-rule (1) shall be accompanied by the documents referred to in rule 39 (1), except in the case of a meeting contemplated in rule 50(1) or a special general meeting.

(5) Inadvertent omission to give the notice referred to in sub-rule (1), or failure to deliver the documentation referred to in rule 39(1), to any person entitled to such notice or documentation, or the non-receipt of such notice or documentation by such person shall, save in the case of the persons contemplated in subrule (1)(b), not invalidate any proceedings at any such meeting.

(6) A general meeting of the body corporate may be called on shorter notice than that specified in sub-rule (1) hereof, provided it is so agreed by all persons entitled to attend.

(7) A special general meeting for the purposes of passing a unanimous or special resolution may be convened for a date 30 days or less after notice has been given to all the members of the body corporate if, in the opinion of the trustees, it is necessary due to the urgency of a matter or due to the specific nature of a matter to convene the meeting with such shorter period of notice.

PROCEEDINGS AT GENERAL MEETINGS Ordinary and special business 55. All business at any general meeting other than business referred to in rule 56(a), (b), (c), and (d) shall be

special business. Annual general meeting 56. The following business shall be transacted at an annual general meeting:

(a) The consideration of the financial statement and report referred to in rules 37 and 38;

ANNEXURE J




46 | P a g e

(b) the approval with or without amendment of- (i) the schedules of replacement values referred to in rule 29 (1) (c); and (ii) the estimate of income and expenditure referred to in rule 36;

(c) the appointment of an auditor or an accounting officer; (d) the determination of the number of trustees for the ensuing year; (e) the election of trustees for the ensuing year; (f) any special business of which due notice has been given in terms of rule 54; (g) the giving of directions or the imposing of restrictions referred to in section 39 (1) of the Act; (h) the determination of the domicilium citandi et executandi of the body

corporate; and (i) the confirmation by the auditor or accounting officer that any amendment, substitution, addition

or repeal of the rules (as contemplated in section 35 (5) of the Act) have been submitted to the Registrar of Deeds for filing as contemplated in section 35 (5) (c) of the Act.

Quorum 57(1) No business shall be transacted at any general meeting unless a quorum of persons is present in

person or by proxy at the time when the meeting proceeds to business. (2) A quorum at a general meeting shall be-

(a) the number of owners holding at least 50 percent of the votes, present in person or by proxy or by representative recognised by law and entitled to vote, in schemes where there are ten units or less;

(b) the number of owners holding at least 35 percent of the votes, present in person or by proxy or by representative recognised by law and entitled to vote in the case of schemes with less than 50 but more than 10 units; and

(c) the number of owners holding at least 20 percent of the votes present in person or by proxy or by representative recognised by law and entitled to vote, in the case of schemes with 50 or more units.

58. If within half-an-hour from the time appointed for a general meeting a quorum is not present, the meeting shall stand adjourned to the same day in the next week at the same place and time, and if at the adjourned meeting a quorum is not present within half-an-hour of the time appointed for the meeting, the owners present in person or by proxy and entitled to vote shall form a quorum.

Chairman 59(1) The chairman, if any, of the trustees shall preside as chairman at every general meeting of the body

corporate, unless otherwise resolved by members of the body corporate at such meeting. (2) If there is no such chairman or if, at any meeting, the chairman of the trustees is not present within

fifteen minutes after the time appointed for the holding of the meeting, or if he is unwilling or unable to act as chairman, the members present shall elect a chairman for such meeting.

VOTING AT GENERAL MEETINGS Poll 60(1) At any general meeting a resolution put to the vote of the meeting shall be decided on a show of hands,

unless either prior to or on the declaration by the chairman of the result of the show of hands, a poll is demanded by any person entitled to vote at such meeting.

(2) Unless a poll be so demanded, a declaration by the chairman that a resolution has on the show of hands been carried, shall be conclusive evidence of that fact without proof of the number or proportion of votes recorded in favour of or against such resolution.

(3) A demand for a poll may be withdrawn. 61. A poll, if demanded, shall be taken in such a manner as the chairman thinks fit, and the result of the poll

shall be deemed to be the resolution of the meeting at which such poll was demanded. Votes 62. On a show of hands the owner or owners of a section, or if the owner is a juristic person, its proxy, shall

have one vote for each section owned: Provided that the chairman shall be entitled, in his discretion, to change the manner of voting to one by poll and not by show of hands. (Rule 62 substituted by GNR 438 of 2005)

63. For the purpose of a unanimous or special resolution (with or without a ballot), or on a poll the value of the vote of the owner or owners of a section shall be reckoned in accordance with a determination made in terms of section 32 (4) of the Act or, in the absence of this determination, in accordance with participation quotas.

No vote in certain circumstances 64. Except in cases where a special resolution or unanimous resolution is required under the Act, an owner

shall not be entitled to vote at any general meeting if- (a) any contributions payable by him in respect of his section and his undivided share in the common

property have not been duly paid; or

ANNEXURE J




47 | P a g e

(b) he persisted in breach of any of the conduct rules referred to in section 35(2)(b) of the Act, notwithstanding written warning by the trustees or managing agent to refrain from breaching such rule: Provided that any mortgagee shall be entitled to vote as such owner's proxy at any general meeting, even though paragraph (a) or the a foregoing provisions of this paragraph may apply to such owner.

Voting by trustee for beneficiary 65. Where an owner of a section is as such a trustee for a beneficiary, he shall exercise the voting rights in

respect of the section to the exclusion of persons beneficially interested in the trust and such persons shall not be entitled to vote.

Joint voters 66(1) When two or more persons are entitled to exercise one vote jointly, that vote shall be exercised only

by a person (who may or may not be one of them) jointly appointed by them as their proxy. (2) Notwithstanding sub-rule (1), where two or more persons are entitled to exercise one vote jointly, any

one of them may demand a poll. Proxies 67(1) Votes at a general meeting may be cast either personally or by proxy, whether on a poll or on a show

of hands. (2) A proxy shall be appointed in writing under the hand of the appointer, or his agent duly appointed in

writing, and shall be handed to the Chairman prior to the commencement of the meeting: Provided that the a foregoing provisions shall not apply in the case of any proxy created and contained in any registered mortgage bond, if such mortgage bond is produced at the meeting.

(3) A proxy need not be an owner, but shall not be the managing agent or any of his or her employees, or an employee of the body corporate.

DUTIES OF OWNERS AND OCCUPIERS OF SECTIONS

Statutory and general 68(1) In addition to his obligations in terms of section 44 of the Act, an owner-

(i) shall not use his section, exclusive use area or any part of the common property, or permit it to be used, in such a manner or for such purpose as shall be injurious to the reputation of the building;

(ii) shall not contravene, or permit the contravention, of any law, bylaw, ordinance, proclamation or statutory regulation, or the conditions of any licence, relating to or affecting the occupation of the building or the common property, or the carrying on of business in the building, or so contravene or permit the contravention of the conditions of title applicable to his section or any other section or to his exclusive use area or any other exclusive use area;

(iii) shall not make alterations which are likely to impair the stability of the building or the use and enjoyment of other sections, the common property or any exclusive use area;

(iv) shall not do anything to his section or exclusive use area which is likely to prejudice the harmonious appearance of the building;

(v) shall, when the purpose for which a section and exclusive use area is intended to be used, - a) is shown expressly or by implication on a registered sectional plan; b) is shown expressly or by implication on the original approved building plan thereof; c) can be inferred from the provisions of the rules; or d) is obvious from its construction, layout and available amenities, not use, nor permit such

section or exclusive use area to be used, for any other purpose; Provided that with the written consent of all owners such section or exclusive use area may be used for another purpose

(vi) shall not construct or place any structure or building improvement on his or her exclusive use area, without the prior written consent of the trustees, which shall not be unreasonably withheld and that the provisions of section 24 and section 25 or other relevant provisions of the Act or the rules, will not be contravened;

(vii) shall maintain the hot water installation which serves his section, or, where such installation serves more than one section, the owners concerned shall maintain such installation pro-rata, notwithstanding that such appliance is situated in part of the common property and is insured in terms of the policy taken out by the body corporate. If the Body Corporate has contracted with a service provider to provide hot water to the Scheme, the owner will not have any responsibility for maintenance of the hot water installation

(2) An owner who exercises his rights in terms of section 60 (3) of the Act shall bear all costs to give effect thereto.

Binding nature 69. The provisions of these rules and of the conduct rules, and the duties of the owner in relation to the use and

occupation of sections and common property shall be binding on the owner of any section and any lessee or other occupant of any section, and it shall be the duty of the owner to ensure compliance with the rules

ANNEXURE J




48 | P a g e

by his lessee or occupant, including employees, guests and any member of his family, his lessee or his occupant.

Owner's failure to maintain 70. If an owner-

(a) fails to repair or maintain his section in a state of good repair as required by section 44 (1) (c) of the Act; or

(b) fails to maintain adequately any area of the common property allocated for his exclusive use and enjoyment, and any such failure persists for a period of thirty days after the giving of written notice to repair or maintain given by the trustees or the managing agent on their behalf, the body corporate shall be entitled to remedy the owner's failure and to recover the reasonable cost of doing so from such owner.

Determination of disputes by arbitration 71(1) Any dispute between the body corporate and an owner or between owners arising out of or in

connection with or related to the Act, these rules or the conduct rules, save where an interdict or any form of urgent or other relief may be required or obtained from a Court having jurisdiction, shall be determined in terms of these rules.

(2) If such a dispute or complaint arises, the aggrieved party shall notify the other affected party or parties in writing and copies of such notification shall be served on the trustees and the managing agents, if any, and should the dispute or complaint not be resolved within 14 days of such notice, either of the parties may demand that the dispute or complaint be referred to arbitration: Provided that, if an owner declares a dispute with the body corporate, it shall be sufficient notice if notification is served on the trustees and managing agents, if any, and such owner will not be required to serve notice on each of the other owners.

(3) Having regard to the nature and complexity of the dispute or complaint and to the costs which may be involved in the adjudication thereof, the parties appoint an arbitrator who shall be an independent and suitably experienced and qualified person as may be agreed upon between the parties to the dispute.

(4) If the parties cannot agree as to the arbitrator to be appointed in terms of sub-rule(3) within three days after the arbitration has been demanded, the chief registrar of deeds or his or her nominee shall upon written application and subject to payment of the prescribed fee, in writing appoint an arbitrator within 7 days after he or she has been required to make the appointment so that the arbitration can be held and concluded without delay

(5) Arbitration shall be held informally or otherwise as the arbitrator may determine. The arbitrator shall have the right to demand that the party demanding the arbitration furnish the arbitrator with security for payment of the costs of the arbitration in such amount and form as the arbitrator may determine, failing which the arbitration shall not be proceeded with. Where possible, the arbitration shall be concluded within 21 days after the matter has been referred to arbitration in terms of subrule (2) or security for costs has been furnished.

(6) The arbitrator shall make his or her award within 7 days from the date of the completion of the arbitration and shall, in making his or her award, have regard to the principles laid down in terms of these rules. The arbitrator may determine that the costs of the arbitration be paid by any one of the disputing parties or any of them jointly or in such shares as he or she may determine, and as he or she, in his or her discretion, may deem appropriate having regard to the outcome of the arbitration.

(7) The decision of the arbitrator shall be final and binding and may be made an order of the High Court upon application of any party to or affected by the arbitration.

(8) Notwithstanding that the Arbitration Act, No. 42 of 1965, makes no provision for joinder of parties to an arbitration without their consent thereto, should a dispute arise between the body corporate and more than one owner or between a number of owners arising out of the same or substantially the same cause of action, or where substantially the same order would be sought against all the parties against whom the dispute has been declared, such parties shall be automatically joined in the arbitration by notice thereof in the original notice of dispute given in terms of sub-rule (2).

ADDITIONAL CLAUSES

SOLE UTILIZATION AREAS 72(1) Each unit shall be allocated an area of sole utilization which shall expressly be utilised by the owner of

that specific unit. Each unit’s sole utilisation areas are indicated on the attached Site Plan and Parking Schedule.

(2) Each owner shall be solely responsible for the maintenance and upkeep of their sole utilisation areas. (3) Owners shall only be entitled to utilize the area for parking purposes and private gardens respectively. (4) Owners will be permitted to erect carports on their parking areas and ipso facto erect garden walls on

condition that it is done in accordance with these rules.

ANNEXURE J




49 | P a g e

(4) Notwithstanding anything to the contrary contained herein, the sole utilization area shall remain part of the common property, and the owner shall not obtain sole ownership of this area, nor shall it form part of the owner’s unit.

CARPORTS AND GARDEN WALLS 73(1) All garden walls and carports must be approved in writing by the Body Corporate or the Architectural

subcommittee (if applicable) with regards to both material and dimensions prior to erection. Application for approval of garden walls and carports must be submitted in writing. Erection of garden walls and carports must be in accordance with any architectural guidelines of the Body Corporate.

SMART ENERGY TRADING (PTY) LTD 74 (1) The body corporate shall enter into an agreement with Smart Energy Trading (Pty) Ltd. (hereinafter

referred to as “S.E.T (Pty) Ltd.”) in terms of which S.E.T. (Pty) Ltd shall be appointed as managing agent on behalf of the body corporate.

(2) This agreement with S.E.T. (Pty) Ltd shall entail that S.E.T. (Pty) Ltd shall, apart from the regular tasks associated with such management, also act as service provider with regards to certain maintenance and energy requirements, which shall include but not be limited to water heating, maintenance services, garden services and cleaning services. To enable S.E.T. (Pty) Ltd to fulfil these requirements, it shall contribute certain infrastructure and or equipment (i.e Smart meters, PV solar panels, heat pumps and boilers etc) to the Body Corporate, which shall allow for energy and maintenance savings to the Body Corporate. This infrastructure and or equipment shall at no stage form part of the common property or part of any separate unit and shall remain the property of S.E.T. Neither the Owner nor the Body corporates shall obtain any rights in and to this infrastructure and or equipment.

(3) The Body Corporate shall only be allowed to cancel the agreement with S.E.T. (Pty) Ltd by unanimous vote.

MORTGAGE CONDITIONS 75 (1) No loan agreements may be entered into by the Body Corporate unless notification is given to and

consent is provided by the respective Mortgagees. (2) No application may be made to the High Court for the appointment of an administrator of the Body

Corporate unless notification is given and noted by the respective Mortgagees. (3) The trustees shall cause copies of the schedules, estimate, audited statements and reports to be

delivered to the respective mortgagees, at no cost to the mortgagee and at least fourteen days before the date of the annual general meeting at which they are to be considered.

(4) All Mortgagees must be notified within 30 days from the date of any change to the managing agent together with a copy of the agreement between the Body Corporate and the potential managing agent.

(5) The Body Corporate shall insure their debtor’s book against default debtors .

ANNEXURE J




50 | P a g e

MONTE VISTA: PARKING SCHEDULE (72)

Door no. Parking 1 Parking 2

Door no. Parking 1 Parking 2 1 103 104

31 19 -

2 109 110

31-1 18 - 3 105 106

32 15 -

4 107 108

32-1 16 - 5 116 117

33 64 -

6 122 123

33-1 63 - 7 118 119

34 65 -

8 120 121

34-1 66 - 9 91 92

35 56 61

10 89 90

35-1 72 - 11 2 8

36 71 -

12 3 9

36-1 70 - 13 83 -

37 45 -

13-1 84 -

37-1 68 - 14 82 -

38 42 -

14-1 81 -

38-1 67 - 15 86 -

39 46 -

15-1 85 -

39-1 47 - 16 73 -

40 44 -

16-1 74 -

40-1 43 - 17 55 60

41 41 -

18 54 59

41-1 40 - 19 77 78

42 34 -

20 75 76

42-1 35 - 21 53 58

43 38 -

22 87 88

43-1 39 - 23 79 80

44 37 -

24 4 10

44-1 36 - 25 13 14

45 33 -

26 6 12

45-1 32 - 27 5 11

46 27 -

28 1 7

46-1 26 - 29 20 -

47 30 -

29-1 21 -

47-1 31 - 30 52 57

48 29 -

30-1 17 -

48-1 28 -

****** Monte Vista SDP 2013.pdf must be attached after this page

BUNDLE OF ANNEXURES H TO J

Documents

Transcript of BUNDLE OF ANNEXURES H TO J