ERF 10633 LAGUNA

Er! 10633 LagunaHome Owners Association

Constitution&

Development Control Parameters

ERF 10633 LAGUNA1. NAME 22. DEFINITIONS 23. INCORPORATION 44. OBJECTSOFASSOCIATION 55. MASTER OWNERS ASSOCIATION 66. MEMBERS 67. MANAGEMENT B8. MEETINGS 99. POWERS 1010. STATUS OF THE DEVELOPER 1111.MANAGING AGENT 1312.AESTHETIC AND ENVIROMENTAL REQUIREMENTS 1313.GENERAL DESIGN GUIDELINES 1413,1 Building lines for Dwelling Houses in General 1413.3 Height control 1513.4 House Size 1514. Architectural Control 1514.1 Roofs and roof finishes 1514.2 External Finishes 1614.3 Doors and Windows’ 1614.4 Verandahs, Balconies and Pergolas’ 1614.5 Outbuildings 1714.6 Pavings and Ddveways 1714.7 Boundary Walls’ 1714.8 Houses Names / Street Numbers 1714.9 Antennae, Pipes and Cables 1714.10 Service facilities’ 1814.11 Landscaping 1814.12 Approved guidelines 1815. GENERAL 1816. RULES WITH REGARD TO BUILDING ACTIVITY 1916.1 Introduction 1916.2 Legal Status 1916.3 Contractors code of Conduct 1916.4 Contractor and Ownees Building Deposit 1917.CONCLUSION 2018. STATUS OF THE ASSOCIATION’ 2019. SPECIAL RULE RELATING TO PETS 2120. AMENDMENTS TO CONSTITUTION 2121. OWNERS ASSOCIATION THAT CEASE TO FUNCTION 2122. PERSONAL LIABILITY OF MEMBERS 21

ABBREVIATIONSADG — Architectural Design Guideline

The name of the Association is ERF 10633 LAGUNA HOME OWNERS ASSOCIATION, which is a

statutory body corporate established in terms of Section 29 Saldanha Bay Municipality:By-law on

Municipal Land Use Planning 2015.

2. DEFINITIONS

In this constitution, unless the context indicates the contrary:

Architectural Design Guidelines

means the general and specific architectural guidelines for one of the Development Ewen

as incorporated in this Constitution.

Association

Audtitors

means ERF 10633 LAGUNA HOME OWNERS ASSOCIATION

means the Auditors of the Association as appointed from time to time

Business Day

means

Chairman

weekdays other than Saturdays, Sundays and Public Holidays

means the Chairman of the Committee

Commiftee

Means the members elected in terms of paragraph 7.3 or appointed in terms of paragraph

10.1.1.

Common Area

Means The private open space with any improvements or cultivation thereon situated within

Ed 10633 Laguna.

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1. NAME

ERF 10633 LAGUNA HOME OWNERS ASSOCIATION

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Design Manual

Means the LAGUNA DEVELOPMENT ARCHITECTURAL DESIGN MANUAL datedOctober 2006, which was approved by the Local Authority on 6 November 2006,established with the subdivision as approved by the Local Authority of Erf 3671 Langebaan,of which Erf 10633 Laguna derives from.

Completion of the scheme

means the date when the Local Authority issues an occupational certificate for the last

dwelling to be erected in Erf 10633 Laguna and in the event that the occupational certificate

is issued prior to the transfer date of the last erf to a member, then it means the date of

transfer of registration of the last erf.

Developer

means Prime Growth Properties of Property Group (Pty) Ltd, registration number

1998/002728107

Development

means the Erven resulting from the subdivision of Ert 10633, Langebaan

General Plans

means such plan/s registered or to be registered with the Surveyor General depicting the

subdivision of the Original Erf 10633, Langebaan

Erf 10633 Laguna

means the area subdivided from erf 10633, Langebaan for purposes of a Residential

development

Financial Year-end

means the financial year-end of the Association which is the last day of the second month

after the coming into existence of the Association or such other month end as determined

by the members at a general meeting

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In writing

means written, printed or lithographed or partly one and partly other modes of representing

or producing words in a visible form

Local Authority

means the Saldanha Bay Municipality or any other local authority established or to be

established to succeed in whole or in part such Council in exercising control of the local

areas of which Erf 10633 Laguna forms part

Master Home Owners Association

means the LAGUNA MASTER PROPERTY OWNERS ASSOCIATION a body corporate

established in terms of section 29 of the Land use Planning Ordinance 15 of 1985.

Member

means a member as defined in Clause 6 hereof.

Person

shall include a Company, Close Corporation, Partnership or other Association of persons

entitled by law to hold tiDe to movable property,

Servitude Use Area

means the extended use rights over neighbouring properties, as reflected in the respective

title deeds of each property within Erf 10633 Laguna.

3. INCORPORATION

The Association shall come into existence on approval of this Constitution by the Local Authority.

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4. OBJECTS OF ASSOCIATION

4.1 To promote and enforce standards, not the least of which should be the congenialatmosphere in this Residential development in such a way that members may derive themaximum collective benefit there from;

4.2 To promote and enforce acceptable aesthetic, environmental and architectural styles anddesign criteria for the Residential development in order to achieve harmoniousdevelopment thereof;

4.3 To formally represent the collective mutual interests of the area, suburb or neighbourhoodset out in accordance with the conditions of development approval issued by the LocalAuthority

4.4 To take transfer of the Common Areas and to control and maintain such common areasand possible certain aspects of individual erven;

4.5 To register notadal servitude for the use of municipal electrical services and access, ifrequired;

4.6 To maintain and repair all services in the Common Areas;

4.7 To maintain all seMtudes in its individual and collective favour

4.8 To ensure proper security and living standards within the Development and CommonAreas;

4.9 The Association is responsible to take control over and maintenance of buildings. Servicesor amenities arising from the subdivision of Ed 10633 Laguna as well as for the runningcost of street lighting and the maintenance of all internal services, including the PrivateRoad and bulk water reticulation up to the individual meters within the Development.

4.10 To have control over the design guidelines of the buildings and erven arising from thesubdivision.

4.11 In particular it is the responsibility of the Association to ensure that there is compliance withthe Environmental Management Plan which plan was established as a result of one of thesubdivision approval requirements by the Local Authority of Ed 3671 Langebaan, of whichEd 10633 Lagune derives from.

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4.12 The Association shall have the powers to do such acts as are necessary to accomplishthese objects.

5. MASTER OWNERS ASSOCIATION

It is recorded that the Master Home Owners Association already governs the Development with itsown constitution, rules and guidelines to which the constitution of the Association and each Memberis subject to. In the event that the constitution of the Association is in contravention of theconstitution, rules and guidelines of the Master Home Owners Association) the constitution, rulesand guidelines of the Master Home Owners Association shall prevail.

6. MEMBERS

6.1 Membership for the Association shall be evidenced by registered ownership in the DeedsRegistry in Cape Town of one or more erven in the Development.

6.2 Upon registration of ownership of the ert in the name of a purchaser of one of theDevelopment Ewen, membership of the Association by such purchaser shall be automaticand obligatory and members shall be obliged to comply with the provision of thisconstitution.

6.3 No person shall be entitled to cease to be a member of the Association while remaining theregistered owner of one of the Development Erven.

6.4 Each member shall be entWed to 1 (one) vote for each erf owned in the Development.

6.5 Ownership of an erf on a share block basis shall constitute only one membership) whichmembership shall be represented by one individual in terms of the provisions of Clause 7hereof.

6.6 Membership shall be transferred by the registration of a Deed of Transfer in the DeedsRegistry at Cape Town, passing transfer of one or more erven in the Development from theprevious member to the new member.

6.7 A member shall not be entitled to sell his property or share unless it is a condition of thesale that:

6.7.1 the Purchaser becomes a Member of the Association and acknowledges that acondition having the following (or similar wording) will be inserted in the SaleAgreement of the property “The owner of each unit shall upon registration of the

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Property in its name ipso facto become a member of the ERF 10633 LACUNAHOME OWNERS ASSOCIATION and remain so while owing the property. Theproperty may not be sold or transferred save with the written consent of theAssociation, which consent will not be unreasonably withheld.

6.7.2 the registration or transfer of an erf in the Development into the name of thatPurchaser shall ipso facto constitute the transferee as a Member of theAssociation;

6.7.3 The Purchaser, by his signature to the Deed of Sale undertakes to abide by theRules of the Constitution of the Association;

6.8 Every member of the Association shall be:

6.8.1 Enthled to enjoy the Common Areas but shall be obliged to pay such levy asdetermined from time to time by the Association for the maintenance and up keepof the servftude areas, private road, signage, fumiture (benches & playgroundequipment), gardens, water and light in the Common Area and payment ofexpenses necessary or reasonably incurred in managing the Association’s affairs.

6.8.2 Responsible for the payment of a levy imposed by the association from time totime, which shall commence on the member taking possession of his I her erf andshall be payable monthly in advance.

6,9 No member shall be entitled to lease his erf in the Development unless it is a specificcondition of such lease that the Lessee be handed a copy of the Constitution of theAssociation and that such Lessee undertakes to abide by the conditions thereof as far asthey may affect such Lessee.

6.10 All building plans within the Development are to be approved by the Developer orAssociation or nominee prior to the submission thereof to the Saldanha Bay Municipality.

6.11 Members acknowledge that they are aware of residential- and / or other developments onneighbouring properties by the Developer and as such they accept and agree to theestablishment of any improvement on any neighbouring property by the Developer or itssuccessor in TiUe and shall as a result of their membership of the Association not be able toobject in any way to such developments.

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7. MANAGEMENT

The affairs of the Association shalt be managed and controlled initiaLly by a Committee consisting ofthe appointments by the Developer as provide in paragraph 10,1.1 hereunder and thereafter interms of paragraph 7.3 hereunder.

7.1 That the approval of the Constitution of the Association be regarded as adopted onapproval thereof by the Saldanha Bay Council in terms of Section 29 of the Saldanhay SayMunicipality: By-law on Municipal Land Use Planning.

7.2 All decisions of the initial committee established in terms of Clause 10.1.1 hereunder andthereafter in terms of clause 7.3 hereunder shall be passed by majority of members,

7.3 As soon as a minimum of 90% (ninety five percent) of the units in the Development havebeen sold and registered in the name of the purchasers, a General Meeting of membersshall be called for electing a committee as herein envisaged. The affairs of the Associationshall be managed and controlled by a committee of 3 (three) registered owners in theDevelopment elected by majority vote and to remain in office for 1 (one) year.

7.4 The members of the committee as envisaged under Clause 7.3 and subsequentcommittees shall, after proposal and seconding, be elected by ballot or show of hands (ifthe meeting so determines) of those members who attend the general meeting of theAssociation and successive committees shall be elected likewise at each successiveAnnual General Meeting of the Association, provided that no member shall be eligible forelection unless he has been duly proposed and seconded in writing by members and suchwritten proposal endorsed by the candidate has been handed to the secretary not later thanthe day preceding the meeting and provided his levy for the current year has been paid,

7.5 The Committee shall consist of a Chairman, Vice Chairman, a Secretary I Treasurer. Four(4) members present shall constitute a quorum. All matters at any meeting shall bedetermined by a majority of those present and voting. In the event of an equality of votes,the Chairman of any meeting shall have a casting as well as a deliberative vote.

7.6 Committee members shall cease to hold office, except the membership of the Developer asprovided for, at every Annual General meeting, but if he ceases to be member of theAssociation or if he is absent from 3 (three) consecutive meetings of the committee withoutleave of absence, he shall also cease to hold office.

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7.7 Committee members shall be liable for any act or omission by himself to the Association or

its servants or agents.

7.8 Committee meetings shall be held at least once every three months or as otherwise

decided by the Committee and minutes shall be kept of all meetings and decisions.

7.9 Proper books of account of the administration and finance of the Association shall be keptand financial accounts shall be drawn and audited annually.

8. MEETINGS

8.1 The Committee shall conduct an annually General Meeting of the Association. The

Annual General Meeting shall be held on a date fixed by the Committee to be held within

two months of the financial year-end of the AssociaUon, each year, in respect of which theCommittee shall give at least 21 (twenty one) days’ notice in writing to each Member,accompanied by an Agenda. A full annual report of the Committee shall be tabled at

every Annual General Meeting. Each said meeting shall also deal with the adoption of

financial reports and the determination of the levy for the forthcoming year

8.2 Special General Meetings may be called by the Committee whenever they consider it

desirable and shall be called upon the requisition thereto in writing of 1 (one) member in

either event on 7 (seven) days’ notice by the Secretary specifying the business to bediscussed.

8.3 At all meetings the chair shall be taken by the Chairman or, in his absence, by the Vice-

Chairman. In the absence of both, the Members present shall elect a Chairman.

8.4 The Chairman shall not have a casting vote and a quorum at all General-or specialmeeting shall consist of at least 20% (twenty percent) of the owners or its representatives

of the number of erven owned in the Development.

8.5 At all meetings votes on any matter shall be by shown of hands of those present, the

majority vote to count, unless the meeting decides otherwise.

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9. POWERS

9.1 To impose a levy in order to meet the objects of the Association.

9.2 The management and administration of the Association shall vest in the Committee whichmay exercise all such powers of the Association and do, on behalf of the Association, allsuch acts as may be exercised and done by the Association itself.

9.3 Without in any way limiting the generality of the aforegoing, such powers shall include, butnot be limited to, the following:

9.3.1 the amendment of the ARCHITECTURAL DESIGN GUIDELINES (ADG) from timeto time insofar it is not a contravention of the Design Manual.

9.3.2 the determination from time to time of what constitutes environmental andbehavioral standards, including rules relating to the keeping of pets;

9.3.3 the performance of such acts as are necessary to accomplish the objectsexpressed or implied herein, including the maintenance of the Common Area,Servitude Use Areas and internal roads, services and infrastructure;

9.3.4 the investment and re-investment of monies of the Association not immediatelyrequired, in such manner as may from time to time be determined;

9.3.5 the operation of banking and savings accounts with all powers required by suchoperations.;

9.3.6 the making of entering into and carrying out of contracts on behalf of theAssociation;

9.3.7 the employment and payment of agents, servants and any other parties forservices rendered;

9.3.8 the performance of such acts as are required to ensure the secuHty of persons andproperty as well as protecting the trees in the Common Area;

9.3.9 the making, amendment and repeal of rules which shall be binding upon membersas if they form part of this Constituon provided these have been passed at aspecial meeting of members called for that purpose.

9.3.10 To sue and to defend actions in the name of the Association and to appoint legalrepresentatives for this purpose.

9.3.11 The levying of a charge payable by members as provided in Clause 9.1 hereof andsubject to the said clause, the determination from time to time and as frequently asthey may in their sole and absolute discretion, consider necessary or expedient, ofthe amount of the levy (if any) to be paid to the Association by its members.

9.3.12 To take ownership of all common properties arising in the Development, including-

9.3.12.1 Private open spaces;9.3.12.2 private roads; and9.3.12.3 area required for services to be provided by Ed 10633 Laguna

9.3.13 To enforce the conditions of approval- and management plans.

9.3.14 To implement and enforce the provisions of this constitution by imposing a penaltyon a member in an amount of the Committee’s sole discretion.

10. STATUS OF THE DEVELOPER

Until such time as to 90% (ninety percent) of the completion of the scheme, the following provisionsshall apply in addition to the conditions in these presents:

10.1 the Developer shall be entitled:

10.1.1 to nominate a Committee (consisting of any number of members) and/orchairman of the Association until 90% completion of the scheme, with theDeveloper always having the majority of Committee Members. After 90%completion of the scheme the Members are free to elect new trustees as providedfor in this constitution.

10.1.2 to a number of votes equal to the number of unsold erven at any time at anymeeting of members or the trustees of the Association;

10.1.3 to require that the Association enforces the rights granted to it in terms of thesepresents against any member who in the opinion of the Developer is not complyingwith his obligations as a member, and in particular, without restricting the generalityof the aforegoing, has failed to maintain all buildings and other improvements onhis ed by giving such member written notice in which his failure to comply with theparticular provisions of these presents is detailed and calling upon him to remedysuch failure within a prescribed period of not more than 30 days, failing which, theDeveloper shall be entitled at the sole cost to that member to carrvou all such

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work as may be required to maintain such building(s) and other improvements onhis erf

10.1.4 to erect such signage, flagpoles, messages and/or other forms of notices oradvertising in the Development including the common areas, the private road areaand/or the exterior walls (if any) of the Development, subject to the regulations andby-laws of the Council appertaining to signage from time to time;

10.1.5 to scrutinize, approve and submit all building plans relating to the development andits common areas to the relevant authodty to obtain the relevant approvals in orderto achieve the completion of the scheme;

10.1.6 Until the Completion Date, no member may appoint an estate agent to sell / markethis property, without the whilen consent of the Developer.

10.2 neither the trustee of the Association nor any member of the Association shall prevent orhinder in any way the Developerfrom:

10.2.1 gaining access to the development;

10.2.2 continuing any building operations in the Development; and/or

10.2.3 marketing and selling any of its unsold erven, including the advertisement of thesale of such erven on the common areas and/or at the Development;

10.2.4 in general to carry on with its business activities. On condition that theinterpretation of this clause shall be done in such a way that the Developer will notbe refused access to any erf already transferred to a member should theDeveloper give such member 3 (three) days written notice. The Developer will beresponsible for any damage caused on the property of such a member.

10.3 No member will be entitled to refuse the Developer access on condition that Proper noticewas given and on condition that:

10.3.1 The Developer exercise his rights in a reasonable way:

10.3.2 The Notice to a member in order to gain access contains the nature and extent ofthe work to be carded out;

10.3.3 The relevant work to be carried out is limited to the border of the membersProperty.

10.4 Until 90% (ninety five percent) of the total erven in the Development being sold andtransferred by the Developer, it will in addition to its other dghts be entitled to in accordancewith the architectural character of the existing structures to Veto any decisions of theAssociation, which decisions the Developer may be of the opinion, in his sole discretion,

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have the direct or indirect result to influence his ability to sell the remainder erven in theDevelopment, negatively;

10.5 Until the Developer have sold and/or transferred all the erven in the Development it shallhave a right of first refusal of any unimproved erf which a member wants to sell. TheDeveloper will exercise his right of first refusal within 14 (fourteen), days after he received awritten notice from the member, with a copy of the Offer to Purchase; should the Developernot exercise his right with the said 14 days, the member may proceed to sell the erf basedon the relevant offer.

10.6 The Association empowered by its members in the General-or other meeting is not entitledto change any terms or conditions of this clause 10 without the written consent of theDeveloper.

10.7 The Developer is absolved from payment of a levy or any other contribution until the date ofCompletion of the scheme.

10.8 With the transfer of the last erf from the Developer to a member, the Develope?s rights interms of this paragraph 10 will ipso facto terminates,

10.9 The Developer, with power of substitution, is empowered to accept the benefits containedin this constituon, on behalf of the Association, if so required by the Cape Town DeedsRegistry, in order to insert the condition in the members title deed as provided for in theSale Agreement of an erf in the Development.

11 MANAGING AGENT

11.1 The Trustees shall be entitled to appoint a managing agent from time to time to control,manage and administer the common property and to exercise such power and duties asmay be entrusted to the managing agent, including the power to collect levies and toappoint a supervisor.

11.2 However, the Developer has the right to appoint the first Managing Agent for the first 3years calculated from the date of establishment of the Association in consideration forwhich the Association shall pay a market related fee.

12. AESTHETIC AND ENVIRONMENTAL REQUIREMENTS

12.1 The Committee shall have the power to:

12.1.1 Do such acts and to frame and enforce conditions on members as are necessary toaccomplish the purposes expressed or implied herein, which acts shall include interalia, to submit all the building plans to the Association to be referred to the Developerprior to the completion of the Scheme for the approval or rejection of such building

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plans relating to construction of the dwellings, external renovations, alterations and /or additions. The approval or rejection of such plans by the Developer shall be at thesole discretion of the Developer.

12.1.2 Compel members to comply with requirements, and failing compliance therewith, tofine the particular party an amount of at least RiO 000-00 or take steps to remedysuch non-compliance at the cost of such members,

12.1.3 To ensure that all members maintain their properties in a clean and tidy conditionand to ensure that control of the security, vegetation, parking signage andadvertising within the Development and Common Area.

12.2 Members shall be obliged to submit all building plans to the Committee to be referred to theDeveloper or appointed review committee for hisltheir approval prior to the submission of suchplan to the Local Authority for final approval and pay a scrutiny fee imposed by the Developeror Association.

12.3 No member shall be entitled to dump material or goods on any erf not registered in the nameof the member and shall be liable for payment of the cost of rectifying the damage or removalof the material or goods if so dumped.

12.4 No member shall be entitled without the prior written consent of the committee, to have morethan 2 (two) pets per household and this shall be subject to such pets not being a nuisance toother members. Pets to be under owner’s control at all times. No damage to fauna, avi1aunaand flora, will be allowed.

12.5 Every member shall observe all laws, ordinances, by-laws and regulations or rules imposed byany statutory or other authority and, without detracting from the generality of the foregoingshall observe and comply with the provisions of the Cape Provincial Road Traffic OrdinanceNo, 1 21/1966 as amended or any ordinance or Act substituting therefore as fully andeffectually as though the private road were a public road as defined in terms of Sections 1 ofthe Ordinance.

13. GENERAL DESIGN GUIDELINES

13.1 Building lines for Dwelling Houses in General

13.1.1 Street building lines on internal private roads shall be a minimum of 1.5 metresfor dwellings and 4.5 metres for garages from the street boundary.

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13.1.2 Side building lines shall be a minimum of 1 metre for dwellings and 0 metres forgarages to any lateral boundary

13.1.3 Rear building lines bordering a public open space shall be shall be 1 metre andthose bordering the Laguna Sands road shall be 1.5 metres, all other rearboundary lines shall be 1 metre to any rear boundary.

13.2 Height control

13.2.1 All buildings are restricted to a single storey building as per the approved un types.

13.2.2 Chimneys may not proiect higher than 1Dm above the ridge.

13.3 House Size

13.3.1 The minimum house size shall be 8Dm2.

13.3.2 Extemal finishes and colours must be shown on sketch plans, but in general,colours are to remain consistent within the Development.

13.3.3 Lean to carports are allowed.

13.3.4 All exposed plumbing should adequately be screened from the street elevation.

14 Architectural Control

The aim of the Developer is to create a compatibility of architecture and the Development will offervarious designs for units, which in turn are adapted to suit the orientation and topography ofindividual erven and all within the following parameters:

14.1 Roofs and roof finishes

14.1.1 A combination of Flat and Pitched roofs will be used throughout the Developmentwith the angle of the pitch on flat roofs not more than 5° and pitched roofs, not

more than 35’

14.1.2 Roofs will be only charcoal corrugated chromadeck pitched

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14.2 External Finishes:

14.2.1 Walls will be plastered and painted with natural stone FOCUS AREAS to beapproved by the Association.

14.2.2 Colours to be equal to the range of colours specified by the Developer initially andafter completion of the Scheme by the Association.

14.3 Doors and Windows:

14.3.1 Proportion• External doors and windows shall have vertical or square proportions.• Sliding doors are permitted provided they are no wider than 2.lm, if set

back under pergola or roof cover.• Arched openings for doors and windows are not permitted.

14.3.2 Material- Windows will be WHITE aluminium with large panes and the doors will be

white painted timber.Entry doors may be Umber (natural or painted) and may be solid, panelledor glazed.

14.3.3 Colour• Timber must be painted white, except for the external ballustrades as

provided for in paragraph 14.4.4 below.• External door and window colour must remain consistent for an entire

house.• No other colours are permitted without the approval of the Association.

14.3.4 Garage Doors• Garage doors may not exceed 2,4m in height.

14.4 Verandahs, Balconies and Pergolas:

14.4.1 These items are to be designed in keeping with the main structure.

14.4.2 All cover over pergolas to be recessed behind an elevational covering beam(plaster and painted, or timber).

14.4.3 No perspex of polycarbonate may be visible from the street.

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14.4.4 External Balustrading• Stainless Steel• Timber (natural or painted)- No paneling or other thin solid paneling

14.5 Outbuildings

14.5.1 No outbuildings are permitted

14.6 Pavings and Driveways:

14.6.1 Driveways will be:a Brick paving• Cobbles• or a combination of the above

14.6.2 Alternative materials must have prior consent from the Association

14.7 Boundary Walls:

Boundary walls must be brick, plaster and painted both sides to match the house notexceeding 1.8 metres in height.

14.8 Houses Names I Street Numbers

• Maximum size of teller — 150 mm• All Letter and numbering to be placed horizontally in line• Preferable to be black• Any variation must have the approval of the Association.

14.9 Antennae, Pipes and Cables

14.9.1 Projecting television or radio antennae should be limited and the locations thereof,if potentially in view of any member, must be approved by the Association. Alltelephone and electrical reticulation on the properties is to be by means ofunderground cables.

14.9.2 No flagpoles, masts or any other overhead wires are permitted.

14.9.3 Gutters (if present) must match the roof finish and be continuous

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14.10 Service facilities:

14.10.1 Service facilities like gas cylinders, refuse bins, compost piles and clothes lines,should be screened within service yards so as not to be visible from the internalstreet or neighbouring dwellings.

14.11 Landscaping

14.11,1 The planting of the indigenous trees and shrubs of theencouraged.

14.11.2 Deciduous planting on pergolas will create shaded protectionsun, while allowing the winter sun through.

14.11.3 The use of hedges & creepers on boundaries are encouraged.

14.11.4 No built garden and water features would be permitted.

area is strongly

from the summer

14.11.5 Wendy houses, garden sheds and tubular metal and shade cloth carports arespecifically excluded from the Development.

14.12 Approved Guidelines

Notwithstanding the guidelines contained herein, there must always be compliance with theDesign Manual.

All buildings or extensions and or improvements thereto must conform to the cteda set out in thismanual in addition to all the requirements of the current National Building Regulations, as well asany condition required by the Local Authority.

15. GENERAL

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16. RULES WITH REGARD TO ANY BUILDING ACTIVITY, INCULSIVE OF NEW DWELLINGS ANDEXTENTIONS AND I OR IMPROVEMENTS

16.1 Introduction

The Association has adopted certain rules relating to building contractor activity, of whichthe Developer or its appointed contractor is exempted from, the primary intention of theprovisions hereunder is to ensure that all building activity occurs with the least possibledisruption to residents.

16.2 Legal Status

These conditions governing building activity as set out in this document are rules adoptedby the Association and are therefore binding on all members. Furthermore, all mernbersare obliged to ensure that their building contractors are made aware of the conditions andcomply strictly with them. Members are therefore required to include the conditions of thisAssociation and with specific reference to the EMP in their entirety in any building contractconcluded in respect of property in the Residential, and all such contract may be requiredto be submitted to the Association for prior approval.

16.3 Contractors code of Conduct

Contractor activity is only allowed between 06h00 — lBhOO on normal weekdays andbetween 07h00 — 17h00 on Saturdays, unless prior consent has been given by theAssociation for extended hours of work.

Contractors will inter alia, ensure that:• Erven are appropriately screened to a height of minimum 1 ,6m so as to:• Only one (1) night watchman and no building team, are allowed on the premises,

outside the specified work hours.• Demarcate the building site — no materials will be allowed outside of this

development envelope (erf boundaries)• Limit the visual impact of the initial activities,• Contain any potential dust/sand pollution,• And protect the integrity of the sensitive environment

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16.4 Contractor and Owner’s Building Deposit

A refundable deposit of an amount imposed by the Association, will be deposited into theaccount of the Association or a similar account directed at controlling the building fees, byboth the Contractor and the Owner(s) (members) of the subject property, before writtenconsent will be given for the construction of the structure. The Developer or its appointedcontractor and for the contractor for the initial establishment of Ed 10633 Laguna on theplot and plan basis is exempted from paying this deposit.

This deposit is to ensure that the building activity is conducted in accordance with the rulesof this Association. This deposit will be used towards claims from the Association thatmight adse as a result of the building acflvity.

17. CONCLUSION

The advantages and pleasures of living in a well-designed built environment are not easilyachieved. Many elements need to work together for a strong sense of community and harmony toexist. The guidelines laid out in this document are intended to positively contribute to the creationof a wonderful neighborhood at Ed 10633 Laguna, one that capitalizes on a wonderful setting anddraws on the influence of a well-established and much loved architectural language of the WesternCape.

18. STATUS OF THE ASSOCIATION:

The Association shall be an Association

18.1 with legal personality, capable of suing and being sued in its own name; and

18.2 none of whose members in their personal capacities shall have any right, title or interest toor in the property, funds or assets of the Association, which shall best in and be controlledby the Committee in terms hereof; and

18.3 not for profit, but for the benefit of the owners and occupants of immovable propertysituated in the Development; and

18.4 with the dghtto acquire, lease and alienate property, both movable and immovable.

19. SPECIAL RULE RELATING TO PETS

A member may keep pets only with the wdtten consent of the Association.

20. AMENDMENTS TO CONSTITUTION

This Constitution shall not be altered or amended in any way save with the unanimous consent ofthe members of the Association in general meeting, andin the event that it effects the Local Authority or in the event that the amendment relates to theprovisions of section 29(3) of the Saldanha Bay Municipality; By-law on Municipal Land UsePlanning, also the consent of the Saldanha Bay Municipality as the Local Authority.

21. OWNERS ASSOCIATION THAT CEASE TO FUNCTION

21.1 In the event that 25% of the members confirmed in writing that the association is dormantand ceased to function any member, by giving notice as provided for in paragraph 8.1above may schedule a special meeting in order to get the association to function again andfor this purpose a new committee may be elected as provided for in paragraph 7.4 above.

21.2 any consent to be obtained from the Association in the event that the association ceased tofunction can only be issued once the association functions again, after implementation ofthe procedures provided for in paragraph 21.1 above.

22. PERSONAL LIABILITY OF MEMBERS

No member of the Association shall incur any personal liability in respect of acts done or liabilitiesincurred by, or on behalf of the Association.