HOMEOWNERS ASSOCIATION. 22.1. The Purchaser will become a member of the ADWHOA as from the Transfer Date and become obliged to comply with all the obligations imposed upon him by the Constitution and the Conduct Rules, including the payment of Levies. 22.2. The ADWHOA will be or has been established for the benefit of all owners of xxxxx or units within the Development as provided for in the Constitution and the Estate Rules. 22.3. The Seller shall, on the Transfer Date, register a title deed condition against the Property, in terms of which the Property shall not be transferred without the written consent of ADWHOA. 22.4. Any buildings erected in the Development (including any improvements or alterations thereto) shall be subject to the written approval thereof by the ARC, ADWHOA and the Local Authority before commencement of any relating construction work. 22.5. The Purchaser acknowledges and agrees that he may not alienate or pass transfer of the Subject Matter unless he obtains a Clearance Certificate from the Association (against payment of such fee as the Association may charge) that all amounts owing by the Purchaser to the Association have been paid or satisfactorily secured and that the Purchaser has complied with all his obligations in terms of the Association's Constitution and the Estate Rules. The Purchaser acknowledges and agrees that he shall not be entitled to the consent and such Clearance Certificate as may be required for purpose of transfer unless he has complied with all such obligations as aforementioned. 22.6. It is an express and material term of this agreement that the Purchaser shall not be entitled in any manner to alienate his property unless: 22.6.1. the provisions as provided for in clause 22 have been complied with; 22.6.2. the proposed alienee has bound himself to the satisfaction of the Association to become a member of the Association upon transfer of the property to him and that upon registration of the transfer of the property into the name of the alienee, the alienee shall automatically become a member of the Association; 22.6.3. the alienee has acknowledged in writing being aware of, and agreeing to be bound by, the provisions of this clause 22.
Appears in 1 contract
Samples: Agreement of Sale
HOMEOWNERS ASSOCIATION. 22.1(a) The Manager may at its sole discretion at any time as it deems fit assist the purchasers within the Project to established a homeowners association to take over the functions of the Manager set out in this Deed upon fifty one percent (51%) of the lots comprised in the Project being transferred to the respective purchasers in accordance with their respective sale and purchase agreements with the Proprietor.
(b) The Purchaser acknowledges that the Homeowners Association, if established and comprising the purchasers within the Project, constitutes the medium through which the purchasers including the Purchaser can actively participate or contribute towards the upkeep and maintenance of the Project as an exclusive community style residential estate.
(c) The homeowners association if established herein shall be a mutual benefit society established under the Societies Act, 1966. The constitution or rules of the homeowners association shall contain provisions for all matters set out in Schedule II of the Societies Act 1966 and shall be in such form as approved by the Registrar of Society. The Purchaser will become a member of the ADWHOA as from the Transfer Date and become obliged to comply together with all the obligations imposed upon him Other Purchasers shall become members of the homeowners association.
(d) Upon the formation of the homeowners association:
(i) except for any rights and benefits accrued or herein specifically reserved to the Manager, the functions of the Manager set out in this Deed, particularly in relation to the provision of the Services, shall be taken over and assumed by the Constitution homeowners association;
(ii) the Manager shall deliver to the homeowners association all correspondence and contracts in respect of any assets purchased by the Conduct RulesManager, if any, for the enjoyment in common of all the other owners and occupiers residing within the Project;
(iii) the homeowners association may if it deems necessary collect from its members such charges or contributions for managing and maintaining the homeowners association, the provision of the Services including but not limited to the payment setting up of Leviesa maintenance and/or sinking fund for the Project; and
(iv) the homeowners association may if it deems fit engage the Manager as independent contractors to provide the Services or other additional services and to upkeep and maintain the Project.
22.2. The ADWHOA will be (e) Upon the expiry of the Maintenance Period, the Manager is entitled at its sole discretion to revise, amend, vary, substitute or has been established for delete providing any part or all of the benefit of all owners of xxxxx or units within the Development as provided for in the Constitution and the Estate RulesServices, Community Area and/or Facilities.
22.3. The Seller shall, on (f) If the Transfer Date, register a title deed condition against the Property, in terms of which the Property shall Homeowners Association is not be transferred without the written consent of ADWHOA.
22.4. Any buildings erected in the Development (including any improvements or alterations thereto) shall be subject to the written approval thereof by the ARC, ADWHOA and the Local Authority before commencement of any relating construction work.
22.5. The Purchaser acknowledges and agrees that he may not alienate or pass transfer of the Subject Matter unless he obtains a Clearance Certificate from the Association (against payment of such fee as the Association may charge) that all amounts owing formed by the Purchaser and the Other Purchasers upon the expiry of the Maintenance Period, and the Manager declines to continue managing the Project at its sole discretion, the Purchaser acknowledges that the residential estate will be maintained solely by the Public Authorities according to the Association have been paid or satisfactorily secured authorities’ general duties and that the Purchaser has complied with all his obligations in terms standards of the Association's Constitution and the Estate Rules. The Purchaser acknowledges and agrees that he shall not be entitled to the consent and such Clearance Certificate as may be required for purpose of transfer unless he has complied with all such obligations as aforementionedmaintenance.
22.6. It is an express and material term of this agreement that the Purchaser shall not be entitled in any manner to alienate his property unless:
22.6.1. the provisions as provided for in clause 22 have been complied with;
22.6.2. the proposed alienee has bound himself to the satisfaction of the Association to become a member of the Association upon transfer of the property to him and that upon registration of the transfer of the property into the name of the alienee, the alienee shall automatically become a member of the Association;
22.6.3. the alienee has acknowledged in writing being aware of, and agreeing to be bound by, the provisions of this clause 22.
Appears in 1 contract
Samples: Deed of Mutual Covenants
HOMEOWNERS ASSOCIATION. 22.1. Conditions in title
9.1 The Purchaser seller, as registered owner of Erf 2671 Eye of Africa Extension 1 Township is a member of the Eye of Africa Homeowners Association NPC, (an association incorporated under Section 21) ("the association").
9.2 The seller hereby agrees that, upon registration of transfer of the property to the purchaser, the purchaser will become a member of the ADWHOA as from the Transfer Date association and become obliged agrees to comply with all the obligations imposed upon him be bound by the Constitution terms and conditions of the Conduct RulesMemorandum of Incorporation thereof and will, including from date of transfer, become liable for the payment of Levieslevies due and payable to the association in accordance therewith.
22.2. 9.3 The ADWHOA seller acknowledges that the following existing conditions in title will appear in the title deed of the property and will be or has been established for carried forward into the benefit title deeds of all owners of xxxxx or units within the Development as provided for in the Constitution and the Estate Rules.
22.3. The Seller shall, property on the Transfer Date, register a title deed condition against the Property, in terms of which the Property shall not be transferred without the written consent of ADWHOA.
22.4. Any buildings erected in the Development (including any improvements or alterations thereto) shall be subject transfer thereof to the written approval thereof purchaser:
9.3.1 Subject to the following conditions imposed by the ARC, ADWHOA and the Local Authority before commencement of any relating construction work.
22.5. The Purchaser acknowledges and agrees that he may not alienate or pass transfer of the Subject Matter unless he obtains a Clearance Certificate from the Association (against payment of such fee as the Association may charge) that all amounts owing by the Purchaser to the Association have been paid or satisfactorily secured and that the Purchaser has complied with all his obligations Township Developer in terms of the establishment conditions of Eye of Africa Extension 1 Township –
(a) Immediately on becoming the registered owner of the property, the owner will automatically become a member of EYE OF AFRICA HOMEOWNERS ASSOCIATION (an Association Incorporated under Section 21) and will be bound by the Memorandum and Articles of Association of the Association's Constitution ;
(b) For as long as the owner is the registered owner of the property he will remain a member of the Association and be bound by its Memorandum and Articles of Association;
(c) The owner of the Estate Rules. The Purchaser acknowledges and agrees that he erf, or any subdivision thereof, or of any unit erected thereon shall not be entitled to transfer the consent and such Clearance Certificate as may be required for purpose of transfer unless he has complied with all such obligations as aforementioned.
22.6. It is an express and material term of this agreement that erf, or any portion thereof, or any unit, without the Purchaser shall not be entitled in any manner to alienate his property unless:
22.6.1. the provisions as provided for in clause 22 have been complied with;
22.6.2. the proposed alienee has bound himself to the satisfaction prior written confirmation of the Association that all amounts due to become a member the Association by the owner have been paid;
(d) The owner of the Association upon transfer erf shall not alter the access of the property to him and that upon registration of erf without the transfer of the property into the name of the alienee, the alienee shall automatically become a member prior written consent of the Association;
22.6.3(e) In the abovementioned conditions the expression "EYE OF AFRICA HOMEOWNERS ASSOCIATION" shall mean EYE OF AFRICA HOMEOWNERS ASSOCIATION (Association incorporated under Section 21)(No. 2007/030516/08).
9.4 No improvements may be erected on the alienee property save with the prior written consent of the seller who shall grant such consent provided an agreement has acknowledged been concluded with Xxxx Build Builders CC for the construction of improvements on the property. A condition in writing being aware of, and agreeing a format acceptable to the Registrar of Deeds shall be bound by, incorporated into the provisions title deeds of this clause 22the property on transfer thereof to the purchaser.
Appears in 1 contract
Samples: Sale of Fixed Property Agreement
HOMEOWNERS ASSOCIATION. 22.1The Hyde Park Terrace Homeowners Association, LES ROSHERS HOME OWNERS ASSOCIATION, NPC, Registration No. The Purchaser will become a member 2004/00710/08 (“the ASSOCIATION”) was formed for the purposes of the ADWHOA as from control and maintenance of any access roads within the Transfer Date township, to control security and become obliged generally to comply with all manage and administer the obligations imposed upon him by the Constitution and the Conduct Rules, including the payment communal interests of Levies.
22.2. The ADWHOA will be or has been established for the benefit of all owners of xxxxx or units within the Development as provided for in the Constitution and the Estate Rulestownship.
22.3. 6.1 The Seller shall, PURCHASER accepts and acknowledged that:
6.1.1 immediately on becoming the Transfer Date, register a title deed condition against the Property, in terms of which the Property shall not be transferred without the written consent of ADWHOA.
22.4. Any buildings erected in the Development (including any improvements or alterations thereto) shall be subject to the written approval thereof by the ARC, ADWHOA and the Local Authority before commencement of any relating construction work.
22.5. The Purchaser acknowledges and agrees that he may not alienate or pass transfer registered owner of the Subject Matter unless he obtains a Clearance Certificate from the Association (against payment of such fee as the Association may charge) that all amounts owing by the Purchaser to the Association have been paid or satisfactorily secured and that the Purchaser has complied with all his obligations in terms of the Association's Constitution and the Estate Rules. The Purchaser acknowledges and agrees that he shall not be entitled to the consent and such Clearance Certificate as may be required for purpose of transfer unless he has complied with all such obligations as aforementioned.
22.6. It is an express and material term of this agreement that the Purchaser shall not be entitled in any manner to alienate his property unless:
22.6.1. the provisions as provided for in clause 22 have been complied with;
22.6.2. the proposed alienee has bound himself to the satisfaction of the Association to become a member of the Association upon transfer of the property to him and that upon registration of the transfer of the property into the name of the alienee, the alienee shall PROPERTY it will automatically become a member of the AssociationASSOCIATION and will be bound by the constitution of the ASSOCIATION, the terms of which it acknowledges being fully acquainted with;
22.6.3. 6.1.2 For as long as it is the alienee has acknowledged registered owner of the PROPERTY it will remain a member of the ASSOCIATION and be bound by its constitution;
6.1.3 Should it sell the PROPERTY it will ensure that its purchaser is made fully aware of the ASSOCIATION;
6.1.4 It will not be entitled to sell, donate, grant any option or pre- emptive right in writing being aware respect of, and agreeing alienate or transfer or in any way deal with the PROPERTY without the prior written consent of the ASSOCIATION which shall not be unreasonably withheld;
6.1.5 the following provisions are to be inserted in the title deed to the PROPERTY in this form or in such form as may be determined by the Registrar of Deeds and are imposed as conditions in favour of the ASSOCIATION;
6.1.5.1 The owner of the PROPERTY, or of any subdivision thereof, or of any interest therein shall not be entitled to transfer the PROPERTY, or any subdivision thereof, or any interest therein, without the prior written consent of the ASSOCIATION which shall not be withheld if all monies owing to the ASSOCIATION by the owner to date of transfer have been paid;
6.1.5.2 Every owner of the PROPERTY, or of any subdivision thereof, or of any interest therein, shall automatically become and shall remain a member of the ASSOCIATION and be subject to its constitution until it ceases to be an owner as aforesaid. Neither the PROPERTY nor any subdivision thereof, nor any interest therein, shall be transferred to any person who has not bound by, itself to the satisfaction of such ASSOCIATION to become a member thereof.
6.1.5.3 Any building plans in respect of any improvements to be erected on the PROPERTY as well as any improvements themselves shall be subject to the prior written approval of the ASSOCIATION;
6.1.5.4 The owner of the PROPERTY shall not alter the access to the PROPERTY without the prior written consent of the ASSOCIATION;
6.1.5.5 The owner of the PROPERTY shall not be entitled to alter the boundary wall of the PROPERTY without the prior written consent of the ASSOCIATION;
6.1.5.6 The owner of the PROPERTY shall not be entitled to change the colour of the boundary walls and outside walls of the PROPERTY without the prior written consent of the ASSOCIATION.
6.2 The above provisions are for the benefit of this clause 22the ASSOCIATION and constitute a stipulatio xxxxxx which it may accept at any time before transfer of the PROPERTY.
6.3 No improvements may be effected to the PROPERTY by the PURCHASER prior to transfer without the SELLER’S and ASSOCIATION’S prior written consent.
Appears in 1 contract
Samples: Sale Agreement
HOMEOWNERS ASSOCIATION. 22.1. The Purchaser will become a member of 8.1 It is recorded that the ADWHOA as from the Transfer Date and become obliged to comply with all the obligations imposed upon him by the Constitution and the Conduct Rules, including the payment of Levies.
22.2. The ADWHOA will be or homeowners association has been established for the benefit of all owners of xxxxx or units within at the Development estate to provide for the orderly control and management of the estate and the maintenance of the common services and infrastructure comprised therein.
8.2 The purchaser shall become a member of the Village HOA (The Village at Hoedspruit Wildlife Estate Homeowners Association NPC) and Hoedspruit Wildlife Estate NPC against transfer of the property and shall be bound to remain a member for as provided for long as the purchaser is the registered owner thereof.
8.3 The seller shall be entitled to procure that the following conditions of title are inserted in the Constitution and the Estate Rules.
22.3. The Seller shall, on the Transfer Date, register a title deed condition against the Property, of transfer in terms of which the Property shall not be transferred without purchaser takes title to the written consent property:
8.3.1 EVERY owner of ADWHOA.
22.4. Any buildings erected the erf or any subdivision thereof or any interest therein or any unit thereon as defined in the Development (including any improvements or alterations thereto) sectional titles act shall become and shall remain a member of the homeowners association and be subject to its constitution and Rules and Regulations until he ceases to be an owner as aforesaid. Neither the written approval erf nor any subdivision thereof by the ARC, ADWHOA and the Local Authority before commencement of no any relating construction work.
22.5. The Purchaser acknowledges and agrees that he may interest therein shall be transferred to a person who has not alienate or pass transfer of the Subject Matter unless he obtains a Clearance Certificate from the Association (against payment of such fee as the Association may charge) that all amounts owing by the Purchaser to the Association have been paid or satisfactorily secured and that the Purchaser has complied with all his obligations in terms of the Association's Constitution and the Estate Rules. The Purchaser acknowledges and agrees that he shall not be entitled to the consent and such Clearance Certificate as may be required for purpose of transfer unless he has complied with all such obligations as aforementioned.
22.6. It is an express and material term of this agreement that the Purchaser shall not be entitled in any manner to alienate his property unless:
22.6.1. the provisions as provided for in clause 22 have been complied with;
22.6.2. the proposed alienee has bound himself to the satisfaction of the Association such association to become a member of the Association upon transfer homeowners association
8.3.2 The owner of the property erf or any subdivision thereof, or any interest therein, shall not be entitled to him and transfer the erf or any subdivision thereof or any interest therein without a clearance certificate from the homeowners associations that upon registration of the transfer of the property into the name of the alienee, the alienee shall automatically become a member of the Association;
22.6.3. the alienee owner has acknowledged in writing being aware of, and agreeing to be bound by, complied with the provisions of this clause 22the Memoranda of Incorporation of the said homeowners associations.
8.4 The Seller confirms that copies off the following documentation are available for inspection by the Purchaser at the relevant estate agent’s offices:
8.4.1 The Village Memorandum of Incorporation;
8.4.2 The Village Conduct Rules;
8.4.3 The Village Architectural Guidelines;
Appears in 1 contract
Samples: Agreement of Sale
HOMEOWNERS ASSOCIATION. 22.1Developer has caused to be formed a nonprofit community association known as "Vizcaya Neighborhood Property Owners Association, Inc., a Florida not-for-profit corporation ("POA"). The Purchaser will become a member In connection therewith, Developer has also caused to be prepared and filed the declaration of covenants, conditions and restrictions ("DECLARATION"), articles of incorporation ("ARTICLES") and bylaws ("BYLAWS") of the ADWHOA as from POA (collectively, the Transfer Date "DOCUMENTATION"). Owner acknowledges and become obliged approves the formation, preparation and filing of the POA and its respective Documents. Any and all additional non-profit community associations "ASSOCIATIONS") shall be formed by Developer subject to comply with all the obligations imposed upon him by the Constitution and the Conduct Rules, including the payment of Levies.
22.2. The ADWHOA will be or has been established for the benefit of all owners of xxxxx or units within the Development as provided for in the Constitution and the Estate Rules.
22.3. The Seller shall, on the Transfer Date, register a title deed condition against the Property, in terms of which the Property shall not be transferred without the prior written consent of ADWHOA.
22.4Owner. Any buildings erected The documentation in the Development (connection with any and all Associations, including any improvements or alterations thereto) declarations, articles of incorporation and bylaws shall be subject to the prior written approval thereof of Owner and no recording or filing shall be made with respect to the same in any public records or with any governmental agency, nor will such documentation be disseminated to the public, until Owner's approval is obtained. Owner acknowledges that Developer has provided Owner with a budget for the Association prepared by a qualified analyst. All costs incurred in connection with the ARCforegoing shall be Project Expenses. Owner and Developer shall actively participate on the board of directors for the POA and all other Associations and Developer shall submit to Owner all meeting agendas, ADWHOA and within five (5) days from availability, the minutes of the meetings for a period commencing from the formation of the POA and any and all other Associations through one (1) year following the closing of the sale of the last Residential Unit that is part of the respective POA and Association. Owner shall appoint the maximum number of individuals permitted by law to serve as directors for the POA and all other Associations during the aforementioned time period. Of the total number of directors that Owner appoints, all but one (1) shall be named by Developer and the Local Authority before commencement of any relating construction work.
22.5remaining one (1) shall be named by Owner. The Purchaser acknowledges and agrees that he may Owner shall nevertheless have the right to approve all directors named by Developer with such approval not alienate or pass transfer of the Subject Matter unless he obtains a Clearance Certificate from the Association to be unreasonably withheld. If Owner elects however, to name more than one (against payment of such fee as the Association may charge1) that all amounts owing by the Purchaser director to the POA or any other Association have been paid or satisfactorily secured after the execution of this Agreement, then Developer shall cause the applicable number of those directors selected by Developer to be appointed as a director to tender resignations within thirty (30) days after receiving written notice from Owner that Owner seeks to appoint additional directors, and that the Purchaser has complied with all his obligations in terms of the Association's Constitution and the Estate Rules. The Purchaser acknowledges and agrees that he upon said resignation, Owner shall not be entitled to appoint the consent and such Clearance Certificate as may be required for purpose applicable number of transfer unless he has complied with all such obligations as aforementioned.
22.6replacement directors. It is an express and material term of this agreement that the Purchaser Developer shall not be entitled in make any manner to alienate his property unless:
22.6.1. the provisions as provided for in clause 22 have been complied with;
22.6.2. the proposed alienee has bound himself commitments to the satisfaction POA or any other Associations on behalf of the Association to become a member of the Association upon transfer of the property to him and that upon registration of the transfer of the property into the name of the alienee, the alienee shall automatically become a member of the Association;
22.6.3. the alienee has acknowledged in writing being aware of, and agreeing to be bound by, the provisions of this clause 22Owner without Owner's prior written approval.
Appears in 1 contract
HOMEOWNERS ASSOCIATION. 22.1. 22.1 It is an express condition of this agreement that:-
22.1.1 The Purchaser will PURCHASER on becoming the registered owner of the PROPERTY, or a sub-division or consolidation thereof, or the holder of any surface right herein, or the owner of any sectional title unit or member of a shareblock scheme on the PROPERTY shall become and shall remain a member of the ADWHOA ROYAL VICTORIA HOMEOWNERS ASSOCIATION (a Section 21 Company) ("the Home Owners Association") or such name as from the Transfer Date Registrar of Companies may approve and become obliged be subject to comply with all its Memorandum and Articles of Association, until he ceases to be such registered owner.
22.1.2 The PURCHASER acknowledges that in addition to the obligations conditions referred to above or imposed upon him by the Constitution and local authority, it may be required that the Conduct Rules, including the payment of Levies.
22.2. The ADWHOA will be or has been established for the benefit of all owners of xxxxx or units within the Development as provided for following condition is inserted in the Constitution and Deed of Transfer of the Estate Rules.
22.3. The Seller shall, on the Transfer Date, register a title deed condition against the Property, in terms of which the Property shall not PROPERTY to be transferred without the written consent of ADWHOA.
22.4. Any buildings erected registered in the Development (including any improvements PURCHASER’S name:- “Every owner of the erf or alterations thereto) sectional title unit shall become and remain a member of the Home Owners’ Association and be subject to the written approval thereof by Home Owners’ Association’s Memorandum and Articles of Association, until he/she ceases to be an owner of an erf or sectional title unit. Neither the ARC, ADWHOA and the Local Authority before commencement of erf or sectional title unit or any relating construction work.
22.5. The Purchaser acknowledges and agrees that he may interest therein shall be transferred to any person who has not alienate or pass transfer of the Subject Matter unless he obtains a Clearance Certificate from the Association (against payment of such fee as the Association may charge) that all amounts owing by the Purchaser to the Association have been paid or satisfactorily secured and that the Purchaser has complied with all his obligations in terms of the Association's Constitution and the Estate Rules. The Purchaser acknowledges and agrees that he shall not be entitled to the consent and such Clearance Certificate as may be required for purpose of transfer unless he has complied with all such obligations as aforementioned.
22.6. It is an express and material term of this agreement that the Purchaser shall not be entitled in any manner to alienate his property unless:
22.6.1. the provisions as provided for in clause 22 have been complied with;
22.6.2. the proposed alienee has bound himself him/herself to the satisfaction of the Home Owners Association to become a member of the Association upon transfer Home Owners’ Association.” “The owner of the property erf or sectional title unit or any person having an interest therein shall not be entitled to him and dispose or transfer the erf, sectional title unit or any interest therein without consent from the Home Owners’ Association that upon registration the provisions of the transfer Memorandum and Articles of Association of the property Home Owners’ Association have been complied with. The term ‘Home Owners’ Association’ in the aforesaid condition of title shall mean the Royal Victoria Home Owners Association or any such name approved by the Registrar of Companies, being a Section 21 Company."
22.1.3 The PURCHASER hereby undertakes to sign all such documents and to do all things necessary as the SELLER may reasonably require for the purpose of imposing the aforementioned conditions on the title deeds of the PROPERTY.
22.2 The SELLER shall remain and retain membership in the Home Owners Association in the number of memberships representing the unsold stands in the TOWNSHIP i.e. (one membership per unsold stand/erf and per unsold sectional title unit) provided that the SELLER shall during the PROJECT PERIOD, in addition have one vote for each erf and each sectional title unit which has been sold or transferred into the name of third parties.
22.3 Notwithstanding the alieneeSELLER retaining ownership of the unsold stands, as described in 22.2, the alienee SELLER shall automatically at no stage pay or become liable for the payment of any fees, charges or membership levies otherwise payable to the Home Owners Association.
22.4 As and when the SELLER no longer owns any xxxxx or sectional title units, the SELLER shall resign from being a member of the Home Owners Association.
22.5 The PURCHASER acknowledges that he/she has been advised that the Home Owners’ Association will acquire from the SELLER certain xxxxx which will be utilized for private open spaces, roads for the purpose of erecting a gate/guard house and controlling entrances for ingress and egress and any other purposes as stipulated from time to and time and that the Home Owners Association shall be and remain responsible for all costs relating to the same including but not limited to the upkeep, payment of municipal charges levied against such properties, the maintenance thereof and the care of the fauna and flora, the upkeep and maintenance of the town which forms part of the DEVELOPMENT and all charges relating to the same as well as the costs of all staff and/or security services to be provided, without exception.
22.6 If the PURCHASER is by Law prohibited from becoming a member of the Home Owners Association, the PURCHASER shall, irrespective of such prohibition in all its aspects comply with, conform and act according to the rules of the Home Owners Association as if being a formal member thereof.
22.7 With regards the compulsory membership of the Home Owners Association, the PURCHASER specifically agrees:-
22.7.1 To conform to and comply with the Memorandum and Articles of Association of the Home Owners Association;
22.6.3. 22.7.2 Not to sell the alienee has acknowledged PROPERTY to any person unless a provision is incorporated in writing being such agreement of sale that the new purchaser of the PROPERTY acknowledges that he/she is aware ofof the Home Owners Association and that such purchaser shall be obliged, on receiving transfer of the PROPERTY, to become and agreeing be a compulsory member of the Home Owners Association and be subject to all the obligations, rules and the Memorandum and Articles of Association of the Home Owners Association required from each member.
22.8 As from the date of transfer the PURCHASER shall be bound byliable for payment to the Home Owners Association of a monthly levy as determined by the Home Owners Association through its board of Directors and which levy shall be utilised, the provisions of this clause 22.inter alia towards payment of:-
Appears in 1 contract
Samples: Sale Agreement
HOMEOWNERS ASSOCIATION. 22.1. Conditions in title
9.1 The Purchaser seller, as registered owner of Erf 2671 Eye of Africa Extension 1 Township is a member of the Eye of Africa Homeowners Association NPC, (an association incorporated under Section 21) ("the association").
9.2 The seller hereby agrees that, upon registration of transfer of the property to the purchaser, the purchaser will become a member of the ADWHOA as from the Transfer Date association and become obliged agrees to comply with all the obligations imposed upon him be bound by the Constitution terms and conditions of the Conduct RulesMemorandum of Incorporation thereof and will, including from date of transfer, become liable for the payment of Levieslevies due and payable to the association in accordance therewith.
22.2. 9.3 The ADWHOA seller acknowledges that the following existing conditions in title will appear in the title deed of the property and will be or has been established for carried forward into the benefit title deeds of all owners of xxxxx or units within the Development as provided for in the Constitution and the Estate Rules.
22.3. The Seller shall, property on the Transfer Date, register a title deed condition against the Property, in terms of which the Property shall not be transferred without the written consent of ADWHOA.
22.4. Any buildings erected in the Development (including any improvements or alterations thereto) shall be subject transfer thereof to the written approval thereof purchaser:
9.3.1 Subject to the following conditions imposed by the ARC, ADWHOA and the Local Authority before commencement of any relating construction work.
22.5. The Purchaser acknowledges and agrees that he may not alienate or pass transfer of the Subject Matter unless he obtains a Clearance Certificate from the Association (against payment of such fee as the Association may charge) that all amounts owing by the Purchaser to the Association have been paid or satisfactorily secured and that the Purchaser has complied with all his obligations Township Developer in terms of the establishment conditions of Eye of Africa Extension 1 Township –
(a) Immediately on becoming the registered owner of the property, the owner will automatically become a member of EYE OF AFRICA HOMEOWNERS ASSOCIATION (an Association Incorporated under Section 21) and will be bound by the Memorandum and Articles of Association of the Association's Constitution ;
(b) For as long as the owner is the registered owner of the property he will remain a member of the Association and be bound by its Memorandum and Articles of Association;
(c) The owner of the Estate Rules. The Purchaser acknowledges and agrees that he erf, or any subdivision thereof, or of any unit erected thereon shall not be entitled to transfer the consent and such Clearance Certificate as may be required for purpose of transfer unless he has complied with all such obligations as aforementioned.
22.6. It is an express and material term of this agreement that erf, or any portion thereof, or any unit, without the Purchaser shall not be entitled in any manner to alienate his property unless:
22.6.1. the provisions as provided for in clause 22 have been complied with;
22.6.2. the proposed alienee has bound himself to the satisfaction prior written confirmation of the Association that all amounts due to become a member the Association by the owner have been paid;
(d) The owner of the Association upon transfer erf shall not alter the access of the property to him and that upon registration of erf without the transfer of the property into the name of the alienee, the alienee shall automatically become a member prior written consent of the Association;
22.6.3(e) In the abovementioned conditions the expression "EYE OF AFRICA HOMEOWNERS ASSOCIATION" shall mean EYE OF AFRICA HOMEOWNERS ASSOCIATION (Association incorporated under Section 21)(No. 2007/030516/08).
9.4 No improvements may be erected on the alienee property save with the prior written consent of the seller who shall grant such consent provided an agreement has acknowledged been concluded with IPI Development Construction CC for the construction of improvements on the property. A condition in writing being aware of, and agreeing a format acceptable to the Registrar of Deeds shall be bound by, incorporated into the provisions title deeds of this clause 22the property on transfer thereof to the purchaser.
Appears in 1 contract
Samples: Sale of Fixed Property Agreement
HOMEOWNERS ASSOCIATION. 22.1. The Purchaser will become a member of 8.1 It is recorded that the ADWHOA as from the Transfer Date and become obliged to comply with all the obligations imposed upon him by the Constitution and the Conduct Rules, including the payment of Levies.
22.2. The ADWHOA will be or homeowners association has been established for the benefit of all owners of xxxxx or units within at the Development estate to provide for the orderly control and management of the estate and the maintenance of the common services and infrastructure comprised therein.
8.2 The purchaser shall become a member of the Village HOA (The Village at Hoedspruit Wildlife Estate Homeowners Association NPC) and Hoedspruit Wildlife Estate NPC against transfer of the property and shall be bound to remain a member for as provided for long as the purchaser is the registered owner thereof. The seller shall be entitled to procure that the following conditions of title are inserted in the Constitution and the Estate Rules.
22.3. The Seller shall, on the Transfer Date, register a title deed condition against the Property, of transfer in terms of which the Property shall not be transferred without purchaser takes title to the written consent property:
8.2.1 EVERY owner of ADWHOA.
22.4. Any buildings erected the erf or any subdivision thereof or any interest therein or any unit thereon as defined in the Development (including any improvements or alterations thereto) sectional titles act shall become and shall remain a member of the homeowners association and be subject to its constitution and Rules and Regulations until he ceases to be an owner as aforesaid. Neither the written approval erf nor any subdivision thereof by the ARC, ADWHOA and the Local Authority before commencement of no any relating construction work.
22.5. The Purchaser acknowledges and agrees that he may interest therein shall be transferred to a person who has not alienate or pass transfer of the Subject Matter unless he obtains a Clearance Certificate from the Association (against payment of such fee as the Association may charge) that all amounts owing by the Purchaser to the Association have been paid or satisfactorily secured and that the Purchaser has complied with all his obligations in terms of the Association's Constitution and the Estate Rules. The Purchaser acknowledges and agrees that he shall not be entitled to the consent and such Clearance Certificate as may be required for purpose of transfer unless he has complied with all such obligations as aforementioned.
22.6. It is an express and material term of this agreement that the Purchaser shall not be entitled in any manner to alienate his property unless:
22.6.1. the provisions as provided for in clause 22 have been complied with;
22.6.2. the proposed alienee has bound himself to the satisfaction of the Association such association to become a member of the Association upon transfer homeowners association
8.2.2 The owner of the property erf or any subdivision thereof, or any interest therein, shall not be entitled to him and transfer the erf or any subdivision thereof or any interest therein without a clearance certificate from the homeowners associations that upon registration of the transfer of the property into the name of the alienee, the alienee shall automatically become a member of the Association;
22.6.3. the alienee owner has acknowledged in writing being aware of, and agreeing to be bound by, complied with the provisions of this clause 22the Memoranda of Incorporation of the said homeowners associations.
8.3 The Seller confirms that copies off the following documentation are available for inspection by the Purchaser at the relevant estate agent’s offices:
8.3.1 The Village Memorandum of Incorporation;
8.3.2 The Village Conduct Rules;
8.3.3 The Village Architectural Guidelines;
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Samples: Agreement of Sale