ANNEXURE “I”

PETRA PLACE HOMEOWNERS ASSOCIATION INITIAL RULES

Section A INTRODUCTION 1.

The main objective of the development of Petra Place by the Developer, has been the provision of a high quality lifestyle for residents and the intention of these rules, and the powers given thereunder to the Board of Directors, is the protection of this lifestyle and the architectural standards of the complex.

2.

Happy and harmonious community living is achieved when all residents use and enjoy their private properties as well as the public areas of the complex in such manner as to enable other residents also to use and enjoy the facilities. General consideration of all residents for each other will greatly assist in achieving a happy community.

3.

In the event of disputes between residents arising from annoyance or nuisance, the involved parties should attempt to settle the matter between themselves, exercising tolerance and consideration. Where the dispute cannot be resolved, the matter should be brought to the attention of the Directors for arbitration or settlement.

Section B HOUSE RULES 1.

Use of the streets 1.1

The speed limit in the complex is 15 km per hour.

1.2

Save where inconsistent with these rules, the Road Traffic Act, No. 29 of 1989, applies.

1.3 Children may not play in the streets unless under supervision. Parents shall ensure compliance with this rule by their children. 1.4 The use of vehicles, including motor cycles, which create excessive noise, is prohibited. 1.5 Roller skates/blades, skateboards and similar devices may not be used in the streets. 1.6 No trucks, caravans, trailers, boats or other heavy vehicles shall be parked in the streets or any other area of the common property without the consent of the Directors.

2.

1.7

Day guests may park their cars on a temporary basis on the common ground in front of the erven visited by them, provided that they do not park in the street. Permanent parking in these areas is strictly prohibited.

1.8

Hooters shall not be sounded within the common property.

Good neighbourliness 2.1

No business activity or hobby which could cause aggravation or nuisance of residents, including auction and jumble sales, may be conducted in the complex.

2.2

The volume of sound in and arising from a unit, from whatever sources, including radios, television sets, musical instruments, human voices, tools or telephones shall be on such a level so as not to annoy the occupants of neigh- bouring properties.

2.3

Fireworks are strictly prohibited.

2.4

Mechanical maintenance work, including the use of power tools, lawn mowers and similar tools, is permitted only between the following hours: June - August September - May

3.

08:00 to 18:00 07:30 to 19:00

2.5

Washing may only be hung on lines screened from the streets and neighbours.

2.6

All domestic refuse shall be deposited in plastic bags and placed on the sidewalk of each unit before 08:00 on collection days from where it will be collected by the appointed Janitor.

2.7

No advertisements or publicity material of any person, including maintenance contractors, may be exhibited or distributed without the consent of the Directors. The Directors shall have the right to remove any material exhibited or distributed in contravention of this rule.

2.8

No resident shall cause a nuisance, disturbance, inconvenience or annoyance to any other resident. If the Directors are of the opinion that there has been an infringement of this rule, they shall be empowered to enforce their rights in terms of Article of the Articles of Association.

Ensuring a Pleasing Streetscape 3.1

Residents are encouraged to integrate the landscaping of the sidewalk with that of their property. It is therefore the responsibility of the owner to maintain the sidewalk associated with his house. 2

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3.2

Garage doors, gates and walls forming part of the streetscape, shall be treated and maintained by owners where and when necessary, failing which the Directors may exercise their rights provided for in Article of the Articles of Association.

3.3

Caravans, trailers, boats, equipment, tools as well as accommodation for pets, must be sited out of view and screened from neighbouring properties.

3.4

Lean-to’s and temporary carports will not be allowed.

3.5

Building material and garden refuse sidewalks under any circumstances.

3.6

External gardens shall be kept neat and tidy at all times and no plants shall interfere with pedestrians or obscure the vision of motorists.

3.7

Garage doors shall be kept closed, except insofar as it is necessary to provide egress or ingress.

3.8

No motor vehicle or equipment in a wrecked or dilapidated condition or otherwise inoperable or immobile under its own power shall be permitted on any property except in the instance of emergency repair. Temporary or ordinary repair periods shall not exceed 7 (seven) days.

3.9

Unit numbers must be of a brass type and the number must be in accordance with the stand number allocated by the Developer.

shall not be dumped on

the

Environmental Management 4.1

All building and garden rubble should be removed by owners at their own cost.

4.2

Littering in the streets and open spaces is prohibited.

4.3

Residents shall ensure that declared noxious flora are not planted or growing in their gardens.

4.4

Swimming pool water may not be channelled onto the streets, but shall be channelled into the drainage systems.

4.5

Fires may not be lit in private erven or common areas other than in properly constructed braai/fireplaces designed for that purpose.

4.6

No trees on any erf or on the common property shall be cut down without the permission of the Directors. 3

5.

6.

4.7

In order to effectively manage water resources, no borehole may be sunk on the complex without the prior written consent of the Directors.

4.8

No person shall discharge any firearm, air-rifle, crossbow or similar weapon or any other device on the complex other than in self-defence.

4.9

All undeveloped erven, whether owned by the Developer or individual Members of the Association, are private properties and no authorised person shall enter these erven or attempt to remove trees, shrubs or rocks, or use these erven for recreational purposes.

Security 5.1

It is prohibited to interfere with the performance by security guards of their duties. They may under no circumstances be abused and residents and visitors shall treat the security guards courteously and co-operate to ensure the performance of their duties.

5.2

Security protocol at the gate shall be adhered to at all times: Visitors and maintenance personnel are required to communicate with the guard via an intercom system. The guard will obtain permission from the resident before they are allowed access to the complex. Residents with remote transmitters, who operate the gate themselves, will not be required to communicate with the guard.

5.3

The ID card system for permanent and temporary domestic staff shall be adhere to by all residents.

5.4

Residents shall ensure that their visitors adhere to security protocol and, where possible, the security guard shall be advised in advance of the pending arrival of visitors.

5.5

Identity stickers shall be attached to the windscreens of motorcars of residents.

5.6

Burglar alarm systems installed in units should not interfere with the electronics of the security system of the complex.

Occupants, Tenants, Visitors, Contractors and Domestic Staff 6.1

No unit may be used as a commune. A unit shall not be occupied permanently by more than one family, subject to a maximum occupancy of 3 persons for every bathroom in the unit.

6.2

The occupiers of units are liable for the conduct of their visitors, domestic staff and contractors employed by them, and shall procure that such persons adhere to these rules. 4

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6.3

No unit shall be used for any unlawful purpose or for any purpose that would injure the reputation of the neighbourhood.

6.4

Only one full time resident domestic employee shall be allowed per property and no overnight adult visitors shall be allowed for them.

6.5

No unauthorised person may enter any erf where building operations are under progress.

Additions, Alterations and Aesthetics 7.1

No person shall commence with the construction of any building or structure or any additions or alterations or any works of whatsoever nature without the prior written approval of plans by the Directors.

7.2

The Directors shall be entitled to direct any owner to effect maintenance work on his home should they deem such maintenance necessary.

7.3

Members shall be obliged to arrange for additions/alterations to be completed within a reasonable period after the date on which activities started.

7.4

The positioning of satellite dishes must be carefully considered. The diameter of the dish shall not exceed 90 cm and the colour of the dish must be white.

7.5

All fencing shall be uniform and subjected to the approval of the Developer/Directors. Only pole fences used with mesh may be erected as perimeter fences and will be limited to a maximum height of 1.5 (one point five) meters. No fence may consist of concrete or brick walls.

7.6

The erection of wendyhouses or zozo huts will not be allowed.

7.7

Solar units on the roof shall be within the wall line of the structure and shall not be visible from any street affronting the property.

Pets 8.1

The local authority by-laws relating to pets will be strictly enforced.

8.2

Without the written approval of the Directors, no person may keep more than two dogs on the property.

8.3

The complex is situated in a bird rich environment and to protect and encourage this, no cats may be kept or allowed on the complex.

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8.4

No poultry, pigeons, aviaries, wild animals or livestock may be kept within the complex.

8.5

No dogs shall roam the streets.

8.6

Dogs must be leashed and properly controlled when on the common property.

8.7

The owner of any dog shall procure the immediate removal of any excrement deposited by such dog on the common property.

8.8

Every dog shall wear a collar with a tag indicating the telephone and unit number of its owner. The Directors are empowered to apprehend and hand over to the SPCA any dog found roaming the streets.

8.9

The Directors are empowered to require an owner to dispose of his dog should it in the discretion of the Directors, become a nuisance in the complex.

8.10

Residents who have guests with dogs must inform them of the established pet rules.

Administration 9.1

All contributions and charges towards the administration of the complex are due and payable on the first business day of each month, and shall be payable to the Managing Agent.

9.2

Interest at the legally prescribed rate will be raised on all accounts in arrears.

9.3

The Directors shall be empowered to impose such further penalties as may be determined from time to time on any accounts unpaid after 60 days and to take such further action, including proceedings in court, as they may deem fit.

9.4

The Directors may amend or add to these rules as may be deemed necessary to ensure the happy and orderly coexistence of residents in the complex.

9.5

The Directors shall have the right to fine transgressors for contravention of these rules in terms of Article of the Articles of Association. Such fines shall be regarded as income to the Homeowners Association.

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Section C LETTING AND SELLING 1.

2.

No owner shall let or otherwise part with occupation of his unit, whether temporarily or otherwise, unless: 1.1

He has concluded an agreement for the benefit of the Homeowners Association with the proposed occupier of the unit that such occupier undertakes to adhere to these rules and undertakes to ensure that his family, invitees and staff adhere to these rules; and

1.2

He has provided the tenant with a copy of these rules.

Should an owner wish to sell his unit through an estate agent, he shall be obliged to: 2.1 2.2

Give his agent a written mandate; Procure that such written mandate contains the following term: “The agent acknowledges that he has in his possession a copy of the Rules of Petra Place Homeowners Association and, for the benefit of the Homeowner Association, undertakes to execute the mandate according to the provisions of the said rules”.

3.

4.

No owner shall be entitled to transfer ownership of or any other interest in his unit without a clearance certificate issued by the Managing Agent on behalf of the Directors by which it is certified that: 3.1

The owner is not indebted to the Homeowners Association in any way in respect of contributions and charges or other amounts which the Association may, in terms of these rules or the Articles of Association, be entitled to claim from him;

3.2

The written agreement between the owner and the buyer has been submitted to the Board of Directors which has satisfied itself that the required clauses referred to below are contained in the said agreement.

The owner selling a unit in the complex, or an interest in such unit, shall ensure that the written agreement of sale contains the following clauses: 4.1

The purchaser acknowledges that he is required upon registration of the property into his name, to become a member of the Homeowners Association and agrees to do so subject to the Memorandum and Articles of Association of the Petra Place Homeowners Association.

4.2

The purchaser acknowledges that he has received from the seller a copy of the Community Participation Rules of the Petra Place Homeowners Association and, for the benefit of the Association, agrees to be bound by such rules from the date of his occupation of the unit. 7

4.3

This agreement is subject to the suspensive condition that the seller receives a clearance certificate in terms of Rule 3 of Section C of the these Rules.

4.4

The seller shall be entitled to procure that, in addition to all other conditions of title, the following conditions of title be inserted in the Deed of Transfer, in terms of which the purchaser takes title of the property: “Every owner of the erf, or owner of any subdivision thereof, or owner of any unit thereon, shall become and shall remain a member of the Petra Place Homeowners Association and be subject to its Constitution until he ceases to be an owner as aforesaid”. “Neither the erf, nor subdivision thereof, nor any unit thereon, shall be transferred to any person who has not bound himself to the satisfaction of such Association to become a member of the Petra Place Homeowers Association”. “The owner of the erf, or owner of any subdivision thereof, or any unit thereon shall not be entitled to transfer the erf or any subdivision thereof, or any interest therein, or any unit thereon, without a clearance certificate from the Homeowners Association that the provisions of the Articles of Association of the Petra Place Homeowners Association have been complied with”.

4.5

In the event of the Registrar of Deeds requiring the amendment of such conditions, in any manner, in order to effect registration of same, the purchaser hereby agree to such amendment.

Section D GENERAL 1.

In the interpretation of these rules, unless the context otherwise indicates: 1.1

“Articles of Association” means the Petra Place Articles of Association.

1.2

“Board of Directors” or “Directors” means the Board of Directors of the Homeowners Association as envisaged in Article of the Articles of Association.

1.3

“Family” means a man or woman or both, with or without their parents and with or without the children of one or the other or both of them, living together as one household.

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1.4

“Homeowners Association” means the Petra Place Homeowners Association incorporated under Section 21 of the Companies Act, 1973, company registration number 2005/ 040881/08, registered on 18 November 2005. 1.5

“Owner” means the registered owner of a unit in the complex.

1.6

Words importing the masculine gender shall include the feminine gender and vice versa.

2.

These rules have been established in terms of the Articles of Association. They are applicable to every person in the complex, as is any decision of the Directors in interpreting these rules.

3.

The owners shall ensure that all occupants of their units, their invitees, tenants, visitors and employees abide by these rules. A breach of these rules by any person falling into any of the aforesaid categories shall be deemed to be a breach committed by the owner.

4.

Any interpretation of these rules by the Directors is final and binding.

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DESIGN GUIDELINES

1. BUILDING DESIGN STANDARDS These requirements are in addition to the Local Authority’s Building Regulations. The Developer / Home Owners Association reserve the right to make any additions or alterations to these standards that, in their opinion, are necessary to achieve the architectural style and harmony of the development. 2. BUILDINGS Two copies of building plans in respect of any building or structure shall be submitted to the Developer and PETRA PLACE HOME OWNERS ASSOCIATION for approval. One copy will then be retained by the HOME OWNERS ASSOCIATION for their records and the other copy will be returned with a stamped approval thereon and / or appropriate comments, to the stand owner. After the building plans have been approved DEVELOPER AND HOME OWNERS ASSOCIATION, the stand owner

by

shall

the submit

the plan to the MBOMBELA LOCAL MUNICIPALITY for approval.

2. ARCHITECTURAL REQUIERMENTS 2.1

The floor area of the main dwelling on each stand, including garages, storerooms and staff accommodation, shall not exceed 30% of the ERF area.

2.2

Only uniform building materials shall be used

2.3

Roofs pitches must be a minimum of 24o and a maximum of 26o

2.4

The architectural style of the proposed house structure will be considered in relation to that of the houses on other stands, as well as the aesthetic appearance and the proposed siting of the building and any other factors, as the appointed Developer, in his sole discretion may deem suitable It is recorded the all buildings to be constructed on the township property will be in accordance with a central theme to be determined by the Developer, and whose decision shall be final.

2.5

The perspective views of the proposed houses will be requested.

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2.6

All external finishes and colors must be shown on the plan. Color samples may be requested.

2.7

Awnings, TV aerials, Blinds and other items which do not form part of the basic structure must be clearly shown on the plan annotated.

2.8

Solar heating panels, if used, should be incorporated into the building to form part of the basic structure and should be clearly shown and annotated on the plan.

2.9

Outbuildings and additions should match the original design and style, both in elevation and material usage.

2.10 With the exception of the building on the perimeter of the property, all buildings erected on the property shall not exceed 1 storey or a height of 5,5 meters to the top of the roof, without prior written consent of the DEVELOPER / PETRA PLACE HOME OWNERS ASSOCIATION or its nominee.

2.11 Only Developer / PETRA PLACE HOME OWNERS ASSOCIATION approved builders may be used 2.12 Pool fencing must be clearly shown on plans and must be as unobstructive as possible.

2.13 Yard walls and screen walls must compliment the basic materials used in the construction of the buildings. Lean-to’s and temporary carports will not be allowed.

2.14 No staff accommodation may be constructed nearer the street than the main dwelling, unless contained under the same roof or integrated into the total design of any main house.

2.15 Washing lines shall be fully screened from the street elevation, or any other elevation from which it will be visible.

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2.16 All fencing shall be uniform and subjected to the approval of the Developer / PETRA PLACE HOME OWNERS ASSOCIATION. Pole fences, used with mesh, may be erected as perimeter fences and will be limited to a maximum height of 1.5 (one comma five) meters. No fences may consist of concrete or brick walls.

2.17 The construction of all houses and structures shall be completed within a period of 6 (six) moths from date of commencement.

2.18 All house and structures shall be properly maintained and shall be kept in a good and sound state of repair and appearance.

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