HOME OWNERS ASSOCIATION. The Purchaser acknowledges that a Home Owners Association (“HOA”) will be established to regulate, control and manage the common interests of the owners of properties in the development. The Seller will appoint and delegate any or all of its powers and duties in the management of the development to a Managing Agent of its choice. On registration of transfer the Purchaser will become a member of the HOA and be bound by its constitution. The Purchaser specifically acknowledges that he will be liable for levies plus VAT thereon, an estimate of which is detailed in Schedule “A”.
HOME OWNERS ASSOCIATION. 9.1 It is recorded that a home owners’ association is being established for the benefit of all owners of property in the development and to control and maintain roads, services and amenities within the development.
9.2 The Purchaser shall become a member of the home owners’ association against transfer of the property and agrees to remain a member for as long as the Purchaser is the registered owner thereof.
9.3 The Purchaser confirms that he/she has been furnished with copies of the memorandum and articles of association and rules of the home owners’ association, the design manual and the architectural guidelines, and has acquainted himself/herself with the provisions thereof.
9.4 The Purchaser acknowledges furthermore that he/she is aware of the following provisions and hereby agrees to be bound thereby.
9.4.1 In terms of the articles of association and the rules of the home owners’ association, there are standards and guidelines for the design of buildings and no person shall be entitled to construct any building or other structure on the property until the plans and specifications relating thereto have been approved in terms of the articles of association;
9.4.2 In terms of the articles of association of the home owners’ association the members of the association are required to pay levies to meet the expenses of the association, including the costs of maintaining the services and all other amenities within the development; and
9.4.3 The Purchaser will be allowed to use his own architect for the drawing of his building plans. All building plans will however have to be approved in terms of Clause 9.4.1.
9.5 It is a term of this agreement that a title deed condition shall be registered against the property in terms of which the property shall not be transferred without the written consent of the home owners’ association in accordance with the provisions of its articles of association and that all successors in title shall be bound to the constitution of the home owners’ association.
HOME OWNERS ASSOCIATION. 11.1 The Purchaser acknowledges that the Estate is managed and controlled by the Homeowners’ Association, which will also be the registered owner of certain communal land and facilities within the Estate.
11.2 The Purchaser acknowledges, by his signature on this agreement, that he shall be obliged to become, and to remain, for the duration of his ownership of the Property, a member of the Homeowners’ Association (the Homeowners’ Association within the meaning of and subject to the conditions set out in the Homeowners’ Association’s Memorandum of Incorporation), and undertakes that he and all persons deriving use of the Estate or any part thereof through him will, from the date of occupation/transfer (whichever occurs sooner), duly comply with all the obligations imposed upon members under the Homeowners’ Association’s Memorandum of Incorporation including the obligation to pay a monthly levy to the Homeowners’ Association, the amount of which is to be determined, from time to time, by the directors of the Homeowners’ Association . The estimated monthly levy is/will be R .
11.3 The levy referred to in clause 11.2 shall not cover any rates and taxes, the consumption of water and electricity, sewerage, or the maintenance of the improvements on the properties. The said expenses shall be for the account of the purchaser.
11.4 The parties record that no Homeowners’ Association levies, as referred to in 11.2 above, will be raised on the Property prior to 31 December 2015. The Purchaser, however, acknowledges that he will still be liable for the homeowners’ insurance premium on the Property, once a dwelling has been constructed on the Property, and acknowledges further that he will endeavour to insure the property with an insurance company nominated by the Seller.
11.5 The Purchaser shall pay a once-off, non-refundable levy stabilisation fee, in an amount equivalent to 1% (One Percent) of the purchase price of the Property, to a levy stabilisation fund, which amount shall be payable by the Purchaser, to the Conveyancers, within 7 (Seven) days of written request therefore, who in turn will pay same over to the Homeowners’ Association on registration of transfer into the Purchasers name. All subsequent purchasers of any property shall be obliged to pay this amount to the fund or such amount as the Directors of the Homeowners’ Association may determine from time to time. In the event that the property being developed to accommodate multiple units, either in terms of ...
HOME OWNERS ASSOCIATION. 8.1. The Purchaser acknowledges that he is required, upon the date of occupation, to become a Member of the Home Owners Association and irrevocably agrees to conduct himself strictly in accordance with and to be bound by the Memorandum of Incorporation and Rules of the aforesaid association, copies of which are available for inspection at the offices of the Seller.
8.2. The Purchaser is hereby expressly informed and accordingly acknowledges that he is aware that he will be liable, from the date of occupation, for payment of all contributions (levies) to the fund to be established by the Home Owners Association.
8.3. The Purchaser shall become and remain a member of the Home Owners Association as long as he remains the owner of the property.
8.4. The Purchaser shall not cede, assign or transfer the property to any person who has not bound himself to become a member of the Home Owners Association with effect from date of transfer of the property in that person’s name and the Purchaser is obliged to and undertakes to notice the prospective new owner regarding the compulsory membership of the Home Owners Association.
8.5. The Purchaser declares himself to be aware of the following provisions, in its current or any amended form, to be included in the founding documents of the Home Owners Association:
8.5.1. the developer shall have 100 votes in addition to the votes conferred upon it below, provided however that this provision shall apply during the development period only;
8.5.2. every member, including the developer, in person or by proxy and entitled to vote, shall have 1 (one) vote for each erf registered in his name or in that of a juristic persona that he controls, as the case may be.
8.6. The conditions in clauses 8.3 and 8.4 above, in its current or any amended form, shall be registered as conditions of title of the property and the Purchaser undertakes to sign any documents that may be required for that purpose.
HOME OWNERS ASSOCIATION. 13.1 The Purchaser hereby agrees that the conditions imposed in terms of this clause shall be deemed to have been imposed for the benefit of the STADSIG ESTATE Home Owners' Association and which conditions may be enforced by the Home Owners' Association on behalf of any or all members at any time or from time to time.
13.2 The Purchaser hereby acknowledges that he is aware of the fact that a title deed condition is imposed and he (and his successors-in-title) is obliged to become and remain a member of the Home Owners' Association for as long as he is an owner of the Property and that by virtue of his membership of the Home owners' Association, he will be obliged to make payment of a contribution to enable the Home Owners' Association to provide for the care, maintenance and upkeep of all common areas including all services therein. The Purchaser is aware that the Local Authority will not take responsibility for the private roads or services therein.
13.3 The Purchaser shall be liable from the date of registration of transfer for contributions to the Home Owners' Association and such contributions shall be paid monthly in advance on the first day of each and every calendar month, and pro rata part thereof.
13.4 The rules of the Home Owners' Association include the provision that any changes to the exterior of the property including (but not limited to) changes in paint colour and fencing must have prior written approval from the Home Owners' Association.
13.5 The rules of the Home Owners' Association are available for scrutiny at the offices of XXX XXXXXXX PROPERTIES - Wellington.
HOME OWNERS ASSOCIATION. If your home is governed by a home owner’s association or similar community organization, you agree to obtain all approvals and authorizations for the System required by that organization and advise us of any requirements of that organization that will otherwise impact the System, its installation or operation.
HOME OWNERS ASSOCIATION. 13.1 The Purchaser hereby agrees that the conditions imposed in terms of this clause shall be deemed to have been imposed for the benefit of the STADSIG COUNTRY ESTATE Home Owners' Association and which conditions may be enforced by the Home Owners' Association on behalf of any or all members at any time or from time to time. Refer to Annexure 4 for the Stadsig Estate Home Owners Association Constitution.
13.2 The Purchaser hereby acknowledges that he is aware of the fact that a title deed condition is imposed and he (and his successors-in-title) is obliged to become and remain a member of the Home Owners' Association for as long as he is an owner of the Property and that by virtue of his membership of the Home owners' Association, he will be obliged to make payment of a contribution to enable the Home Owners' Association to provide for the care, maintenance and upkeep of all common areas including all services therein. The Purchaser is aware that the Local Authority will not take responsibility for the private roads or services therein.
13.3 The Purchaser shall be liable from the date of registration of transfer for contributions to the Home Owners' Association and such contributions shall be paid monthly in advance on the first day of each and every calendar month, and pro rata part thereof.
13.4 The rules of the Home Owners' Association include the provision that any changes to the exterior of the property including (but not limited to) changes in paint colour and fencing must have prior written approval from the Home Owners' Association.
HOME OWNERS ASSOCIATION. 26.1 The SELLER intends to form a HOME OWNERS ASSOCIATION under the name and style of FINKENSTEIN VILLAGE HOME OWNERS ASSOCIATION to inter alia regulate, control and manage the common interest of the owners of property within the development, and which will initially comprise of a single member, namely the SELLER.
26.2 The PURCHASER hereby records and acknowledges that the PROPERTY will be subject to the authority of the Finkenstein Village Home Owners Association. Against transfer of the PROPERTY into his name the PURCHASER shall ipso facto become a member of the said Finkenstein Village Home Owners Association. By adding his signature to this agreement the PURCHASER accepts the terms and conditions of the constitution and rules of the Finkenstein Village Home Owners Association annexed hereto as Annexure “C” the contents, force and effect of which he hereby declares himself to be fully acquainted with.
26.3 The PURCHASER irrevocably and unconditionally undertakes to enter into a notarial deed of imposition of conditions essentially in the form of and with the terms and conditions contained in Annexure “D” hereto.
26.4 The PURCHASER may enter into an agreement with the Moltkeblick Game Farm (Pty) Ltd, in its sole discretion of the Moltkeblick Game Farm (Pty) Ltd, for access to the game farm, in accordance with an agreement still to be finalized
HOME OWNERS ASSOCIATION. The HOA has been established for the benefit of, inter alia, all of owners of xxxxx in the Pearl Valley Development and to control and maintain roads, services and amenities within the Pearl Valley Development.
HOME OWNERS ASSOCIATION. 18.1.1 The PURCHASER confirms that on registration of the property into his name he shall automatically become a member of the KORO CREEK HOME OWNERS’ ASSOCIATION NPC (referred to in this agreement as the HOA) and confirms that he shall obtain membership and become subject to the Memorandum of Incorporation and Rules of the HOA from time to time. Copies of these documents are available for inspection with the HOA. The PURCHASER confirms being aware of the provisions thereof. The PURCHASER shall remain a member of the HOA and bound to its provisions for as long as he remains the registered owner of the property.
18.1.2 Should the PURCHASER sell the property he will be obliged to inform the new PURCHASER of the HOA and the new purchaser’s obligations in terms of its provisions.
18.1.3 As from date of this agreement the PURCHASER shall require the prior written consent of the HOA to sell the property which consent will not be unreasonably withheld.
18.1.4 Prior written consent from the HOA is required for any improvements or alterations thereto, to be erected on the property. Building plans for such improvements must be submitted and approved by the HOA before the commencement of any work. A copy of the HOA’s architectural guidelines is available for inspection with the SELLER, the PURCHASER confirms being aware of the provisions thereof.
18.1.5 The property is sold subject to the following provisions, which provisions will be taken up in the Title Deed of the property:
18.1.5.1 The owner of the property or any sub-division thereof or any interest therein or any unit thereon as defined in the Sectional Titles Act, shall not be entitled to transfer it without the prior written consent of the HOA which consent shall not be unreasonably withheld;
18.1.5.2 The owner of the property or any sub-division thereof or of any interest therein or of any unit thereon as described in the Sectional Titles Act, shall automatically become and shall remain a member of the HOA and be subject to its Memorandum of Incorporation until he ceases to be an owner as aforesaid. Neither the erf nor any sub- division thereof nor any unit thereon shall be transferred to any subsequent purchaser who has not bound himself in writing and otherwise to the satisfaction of the HOA to become a member of the HOA.
18.1.6 As from date of transfer the PURCHASER shall be liable for payment to the HOA of a monthly levy as determined by the HOA from time to time, which levy shall be utilized entirely t...
