Common use of HOMEOWNERS ASSOCIATION Clause in Contracts

HOMEOWNERS ASSOCIATION. 8.1 It is recorded that the homeowners association has been established for the benefit of all owners of xxxxx at the 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 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 deed of transfer in terms of which the purchaser takes title to the property: 8.2.1 EVERY owner of the erf or any subdivision thereof or any interest therein or any unit thereon as defined in the 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 erf nor any subdivision thereof no any interest therein shall be transferred to a person who has not bound himself to the satisfaction of such association to become a member of the homeowners association 8.2.2 The owner of the erf or any subdivision thereof, or any interest therein, shall not be entitled to transfer the erf or any subdivision thereof or any interest therein without a clearance certificate from the homeowners associations that the owner has complied with the provisions of the 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;

HOMEOWNERS ASSOCIATION. 8.1 It is recorded that 22.1. The Purchaser will become a member of the homeowners association 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 at or units within the estate to provide Development as provided for in the orderly control and management of the estate Constitution and the maintenance of the common services and infrastructure comprised thereinEstate Rules. 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 long as the purchaser is the registered owner thereof22.3. The seller shall be entitled to procure that Seller shall, on the following conditions of Transfer Date, register a title are inserted in deed condition against the deed of transfer Property, in terms of which the purchaser takes title to Property shall not be transferred without the property:written consent of ADWHOA. 8.2.1 EVERY owner of the erf or any subdivision thereof or any interest therein or any unit thereon as defined 22.4. Any buildings erected in the sectional titles act Development (including any improvements or alterations thereto) shall become and shall remain a member of the homeowners association and be subject to its constitution the written approval thereof by the ARC, ADWHOA and Rules the Local Authority before commencement of any relating construction work. 22.5. The Purchaser acknowledges and Regulations until agrees that he ceases 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 owner 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 aforesaidprovided for in clause 22 have been complied with; 22.6.2. Neither the erf nor any subdivision thereof no any interest therein shall be transferred to a person who proposed alienee has not bound himself to the satisfaction of such association the Association to become a member of the homeowners association 8.2.2 The owner Association upon transfer of the erf or any subdivision thereofproperty to him and that upon registration of the transfer of the property into the name of the alienee, or any interest thereinthe alienee shall automatically become a member of the Association; 22.6.3. the alienee has acknowledged in writing being aware of, shall not and agreeing to be entitled to transfer the erf or any subdivision thereof or any interest therein without a clearance certificate from the homeowners associations that the owner has complied with bound by, the provisions of the Memoranda of Incorporation of the said homeowners associationsthis clause 22. 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;

HOMEOWNERS ASSOCIATION. 8.1 It Developer has caused to be formed a nonprofit community association known as "Vizcaya Neighborhood Property Owners Association, Inc., a Florida not-for-profit corporation ("POA"). 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 POA (collectively, the "DOCUMENTATION"). Owner acknowledges and 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 the prior written consent of Owner. The documentation in connection with any and all Associations, including declarations, articles of incorporation and bylaws shall be subject to the prior written approval 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 recorded obtained. Owner acknowledges that the homeowners association Developer has been established provided Owner with a budget for the benefit Association prepared by a qualified analyst. All costs incurred in connection with the foregoing shall be Project Expenses. Owner and Developer shall actively participate on the board of all owners of xxxxx at the estate to provide directors for the orderly control POA and management all other Associations and Developer shall submit to Owner all meeting agendas, and within five (5) days from availability, the minutes of the estate 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 maintenance of the common services and infrastructure comprised therein. 8.2 The purchaser shall become a member of the Village HOA remaining one (The Village at Hoedspruit Wildlife Estate Homeowners Association NPC1) and Hoedspruit Wildlife Estate NPC against transfer of the property and shall be bound named by Owner. Owner shall nevertheless have the right to remain approve all directors named by Developer with such approval not to be unreasonably withheld. If Owner elects however, to name more than one (1) director to the POA or any other Association after the execution of this Agreement, then Developer shall cause the applicable number of those directors selected by Developer to be appointed as a member for as long as the purchaser is the registered owner thereof. The seller director to tender resignations within thirty (30) days after receiving written notice from Owner that Owner seeks to appoint additional directors, and upon said resignation, Owner shall be entitled to procure that appoint the following conditions applicable number of title are inserted in the deed of transfer in terms of which the purchaser takes title replacement directors. Developer shall not make any commitments to the property: 8.2.1 EVERY owner of the erf POA or any subdivision thereof or any interest therein or any unit thereon as defined in the sectional titles act shall become and shall remain a member other Associations on behalf 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 erf nor any subdivision thereof no any interest therein shall be transferred to a person who has not bound himself to the satisfaction of such association to become a member of the homeowners association 8.2.2 The owner of the erf or any subdivision thereof, or any interest therein, shall not be entitled to transfer the erf or any subdivision thereof or any interest therein Owner without a clearance certificate from the homeowners associations that the owner has complied with the provisions of the Memoranda of Incorporation of the said homeowners associationsOwner's prior written approval. 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;

HOMEOWNERS ASSOCIATION. 8.1 It is recorded that the homeowners association has been established for the benefit of all owners of xxxxx at the 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 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 deed of transfer in terms of which the purchaser takes title to the property: 8.2.1 8.3.1 EVERY owner of the erf or any subdivision thereof or any interest therein or any unit thereon as defined in the 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 erf nor any subdivision thereof no any interest therein shall be transferred to a person who has not bound himself to the satisfaction of such association to become a member of the homeowners association 8.2.2 8.3.2 The owner of the erf or any subdivision thereof, or any interest therein, shall not be entitled to transfer the erf or any subdivision thereof or any interest therein without a clearance certificate from the homeowners associations that the owner has complied with the provisions of the Memoranda of Incorporation of the said homeowners associations. 8.3 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: 8.3.1 8.4.1 The Village Memorandum of Incorporation; 8.3.2 8.4.2 The Village Conduct Rules; 8.3.3 8.4.3 The Village Architectural Guidelines;

HOMEOWNERS ASSOCIATION. 8.1 It Conditions in title 9.1 The seller, as registered owner of Erf 2671 Eye of Africa Extension 1 Township is recorded that the homeowners association has been established for the benefit of all owners of xxxxx at the estate to provide for the orderly control and management a member of the estate and Eye of Africa Homeowners Association NPC, (an association incorporated under Section 21) ("the maintenance association"). 9.2 The seller hereby agrees that, upon registration of transfer of the common services and infrastructure comprised therein. 8.2 The property to the purchaser, the purchaser shall will become a member of the Village HOA (association and agrees to be bound by the terms and conditions of the Memorandum of Incorporation thereof and will, from date of transfer, become liable for the payment of levies due and payable to the association in accordance therewith. 9.3 The Village at Hoedspruit Wildlife Estate Homeowners Association NPC) and Hoedspruit Wildlife Estate NPC against transfer seller acknowledges that the following existing conditions in title will appear in the title deed of the property and shall will be carried forward into the title deeds of the property on transfer thereof to the purchaser: 9.3.1 Subject to the following conditions imposed by the 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 to remain a member for by the Memorandum and Articles of Association of the Association; (b) For as long as the purchaser owner is the registered owner thereof. The seller shall be entitled to procure that the following conditions of title are inserted in the deed of transfer in terms of which the purchaser takes title to the property: 8.2.1 EVERY owner of the erf or any subdivision thereof or any interest therein or any unit thereon as defined in the sectional titles act shall become and shall property he will remain a member of the homeowners association Association and be subject to bound by its constitution Memorandum and Rules and Regulations until he ceases to be an owner as aforesaid. Neither the erf nor any subdivision thereof no any interest therein shall be transferred to a person who has not bound himself to the satisfaction Articles of such association to become a member of the homeowners associationAssociation; 8.2.2 (c) The owner of the erf erf, or any subdivision thereof, or of any interest therein, unit erected thereon shall not be entitled to transfer the erf erf, or any subdivision thereof portion thereof, or any interest therein unit, without a clearance certificate from the homeowners associations prior written confirmation of the Association that all amounts due to the Association by the owner has complied have been paid; (d) The owner of the erf shall not alter the access of the erf without the prior written consent of the Association; (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 property save with the provisions prior written consent of the Memoranda seller who shall grant such consent provided an agreement has been concluded with IPI Development Construction CC for the construction of Incorporation improvements on the property. A condition in a format acceptable to the Registrar of Deeds shall be incorporated into the title deeds of the said homeowners associationsproperty on transfer thereof to the purchaser. 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;

HOMEOWNERS ASSOCIATION. 8.1 It is recorded that ‌ 15.1 The Purchaser will become a member of the homeowners association has been AHOA 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. 15.2 The AHOA will be established for the benefit of all owners of xxxxx at within the estate to provide Development as provided for in the orderly control and management of the estate Constitution and the maintenance of the common services and infrastructure comprised thereinConduct Rules. 8.2 15.3 The purchaser shall become Seller shall, on the Transfer Date, register a member of title deed condition against 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 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 deed of transfer Property, in terms of which the purchaser takes Property shall not be transferred without the written consent of the AHOA. The Purchaser and his/her/its successors in title will be bound by the Architectural Guidelines.Any buildings erected on the Property (including any improvements thereto) shall conform to the property: 8.2.1 EVERY owner of the erf or any subdivision thereof or any interest therein or any unit thereon as defined in the sectional titles act shall become Architectural Guidelines and shall remain a member of the homeowners association and be subject to its constitution the approval thereof by the ARC. 15.4 The Purchaser acknowledges and Rules and Regulations until he ceases to be an owner as aforesaid. Neither agrees that the erf nor any subdivision thereof no any interest therein shall be transferred to a person who has not bound himself Purchaser is liable for the payment of the Exit Levy to the satisfaction AHOA on the date of such association to become a member transfer of the homeowners association 8.2.2 Property to the other person or entity. The owner of Purchaser furthermore acknowledges that the erf or any subdivision thereof, or any interest therein, shall not AHOA will be entitled to transfer withhold its consent as referred to in Clause 15.3 of this Agreement, until the erf or any subdivision thereof or any interest therein without a clearance certificate from the homeowners associations AHOA is satisfied that the owner has complied with the provisions amount of the Memoranda Exit Levy will be paid to the AHOA on the date of Incorporation transfer of the said homeowners associationsProperty. 8.3 The Seller confirms that copies off 16.1 After the following documentation are available for inspection by Transfer Date, the Purchaser at shall be liable to pay the relevant estate agent’s offices:Levies to the AHOA. 8.3.1 The Village Memorandum 16.2 It is estimated that the Levy payable in terms of Incorporation; 8.3.2 The Village Conduct Rules; 8.3.3 The Village Architectural Guidelines;Clause 16.1 will approximately be equal to the amount described in Clause 5 of the Covering Schedule.

HOMEOWNERS ASSOCIATION. 8.1 It is recorded that The Hyde Park Terrace Homeowners Association, LES ROSHERS HOME OWNERS ASSOCIATION, NPC, Registration No. 2004/00710/08 (“the homeowners association has been established ASSOCIATION”) was formed for the benefit purposes of all the control and maintenance of any access roads within the township, to control security and generally to manage and administer the communal interests of owners of xxxxx at in the estate to provide for township. 6.1 The PURCHASER accepts and acknowledged that: 6.1.1 immediately on becoming the orderly control and management registered owner of the estate and the maintenance of the common services and infrastructure comprised therein. 8.2 The purchaser shall PROPERTY it will automatically become a member of the Village HOA (The Village at Hoedspruit Wildlife Estate Homeowners Association NPC) ASSOCIATION and Hoedspruit Wildlife Estate NPC against transfer will be bound by the constitution of the property and shall be bound to remain a member for ASSOCIATION, the terms of which it acknowledges being fully acquainted with; 6.1.2 For as long as the purchaser it is the registered owner thereof. The seller shall 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 procure that sell, donate, grant any option or pre- emptive right in respect of, 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 conditions of title provisions are to be inserted in the title deed of transfer in terms of which the purchaser takes title to the property: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; 8.2.1 EVERY 6.1.5.1 The owner of the erf PROPERTY, or of any subdivision thereof, or of any interest therein shall not be entitled to transfer the PROPERTY, or any subdivision thereof thereof, or any interest therein 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 unit thereon as defined in the sectional titles act subdivision thereof, or of any interest therein, shall automatically become and shall remain a member of the homeowners association ASSOCIATION and be subject to its constitution and Rules and Regulations until he it ceases to be an owner as aforesaid. Neither the erf PROPERTY nor any subdivision thereof no thereof, nor any interest therein therein, shall be transferred to a any person who has not bound himself itself to the satisfaction of such association 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 homeowners associationASSOCIATION; 8.2.2 6.1.5.4 The owner of the erf or any subdivision thereof, or any interest therein, 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 transfer alter the erf or any subdivision thereof or any interest therein without a clearance certificate from the homeowners associations that the owner has complied with the provisions boundary wall of the Memoranda of Incorporation PROPERTY without the prior written consent of the said homeowners associationsASSOCIATION; 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. 8.3 6.2 The Seller confirms that copies off above provisions are for the following documentation are available for inspection benefit of the 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 at PURCHASER prior to transfer without 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;SELLER’S and ASSOCIATION’S prior written consent.

HOMEOWNERS ASSOCIATION. 8.1 It Conditions in title 9.1 The seller, as registered owner of Erf 2671 Eye of Africa Extension 1 Township is recorded that the homeowners association has been established for the benefit of all owners of xxxxx at the estate to provide for the orderly control and management a member of the estate and Eye of Africa Homeowners Association NPC, (an association incorporated under Section 21) ("the maintenance association"). 9.2 The seller hereby agrees that, upon registration of transfer of the common services and infrastructure comprised therein. 8.2 The property to the purchaser, the purchaser shall will become a member of the Village HOA (association and agrees to be bound by the terms and conditions of the Memorandum of Incorporation thereof and will, from date of transfer, become liable for the payment of levies due and payable to the association in accordance therewith. 9.3 The Village at Hoedspruit Wildlife Estate Homeowners Association NPC) and Hoedspruit Wildlife Estate NPC against transfer seller acknowledges that the following existing conditions in title will appear in the title deed of the property and shall will be carried forward into the title deeds of the property on transfer thereof to the purchaser: 9.3.1 Subject to the following conditions imposed by the 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 to remain a member for by the Memorandum and Articles of Association of the Association; (b) For as long as the purchaser owner is the registered owner thereof. The seller shall be entitled to procure that the following conditions of title are inserted in the deed of transfer in terms of which the purchaser takes title to the property: 8.2.1 EVERY owner of the erf or any subdivision thereof or any interest therein or any unit thereon as defined in the sectional titles act shall become and shall property he will remain a member of the homeowners association Association and be subject to bound by its constitution Memorandum and Rules and Regulations until he ceases to be an owner as aforesaid. Neither the erf nor any subdivision thereof no any interest therein shall be transferred to a person who has not bound himself to the satisfaction Articles of such association to become a member of the homeowners associationAssociation; 8.2.2 (c) The owner of the erf erf, or any subdivision thereof, or of any interest therein, unit erected thereon shall not be entitled to transfer the erf erf, or any subdivision thereof portion thereof, or any interest therein unit, without a clearance certificate from the homeowners associations prior written confirmation of the Association that all amounts due to the Association by the owner has complied have been paid; (d) The owner of the erf shall not alter the access of the erf without the prior written consent of the Association; (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 property save with the provisions prior written consent of the Memoranda seller who shall grant such consent provided an agreement has been concluded with Xxxx Build Builders CC for the construction of Incorporation improvements on the property. A condition in a format acceptable to the Registrar of Deeds shall be incorporated into the title deeds of the said homeowners associationsproperty on transfer thereof to the purchaser. 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;