elephant rock eco estate

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The Developer and a panel of Controlling Professionals will be referred to as Elephant Rock Eco Estate (E.R.E.E.) Home Owners Association (H.O.A.), Architectural Review Committee (A.R.C.) and their decisions will be final. The A.R.C. is required to develop the architectural language for E.R.E.E., prepare Architectural guidelines and monitor it. They will be formed with a mandate, controlling and implementation of the Architectural guidelines. E.R.E.E. – A.R.C. will comprise representatives of the Developer as well as representatives of the controlling Review Committee. No person shall develop a vacant property at E.R.E.E., nor extend or alter any development there on in a manner or style inconsistent with the prevailing architectural theme that is more fully described below. Additional controls are also derailed herein. The registered owners of the properties are responsible to ensure that members of their families, tenants, guests/visitors, friends and all their employees abide by these rules. The purpose of these design guidelines is to safeguard the Developer’s as well as the PURCHASER’s rights. The guidelines are to encourage creativity whilst ensuring a harmonious degree of uniformity of materials and finishes. The guidelines will be implemented to ensure a sensitively constructed, eco-friendly environment with high quality aesthetics, practical design principles and attention to individual privacy, while combining the earth natural aspects of nature. It is not the intention to unreasonably restrict building design. The Architectural Guidelines are a condition of the Agreement of Sale and will be enforced by the EREE-H.O.A. The EREE-H.O.A. shall in addition to any other remedy, be entitled to impose fines in respect of approved building plan deviations.

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The Developer and a panel of Controlling Professionals will be referred to as Elephant Rock Eco Estate (E.R.E.E.) Home

Owners Association (H.O.A.), Architectural Review Committee (A.R.C.) and their decisions will be final.

The A.R.C. is required to develop the architectural language for E.R.E.E., prepare Architectural guidelines and monitor it.

They will be formed with a mandate, controlling and implementation of the Architectural guidelines.

E.R.E.E. – A.R.C. will comprise representatives of the Developer as well as representatives of the controlling Review

Committee.

No person shall develop a vacant property at E.R.E.E., nor extend or alter any development there on in a manner or

style inconsistent with the prevailing architectural theme that is more fully described below. Additional controls are also

derailed herein.

The registered owners of the properties are responsible to ensure that members of their families, tenants, guests/visitors,

friends and all their employees abide by these rules.

The purpose of these design guidelines is to safeguard the Developer’s as well as the PURCHASER’s rights.

The guidelines are to encourage creativity whilst ensuring a harmonious degree of uniformity of materials and

finishes.

The guidelines will be implemented to ensure a sensitively constructed, eco-friendly environment with high

quality aesthetics, practical design principles and attention to individual privacy, while combining the earth

natural aspects of nature.

It is not the intention to unreasonably restrict building design. The Architectural Guidelines are a condition of the

Agreement of Sale and will be enforced by the EREE-H.O.A. The EREE-H.O.A. shall in addition to any other

remedy, be entitled to impose fines in respect of approved building plan deviations.

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The Developer and a panel of Controlling Professionals of Elephant Rock Eco Estate, at their sole discretion,

reserve the right to amend these architectural guidelines for the benefit and protecting the value of individual

homes of the owners and in the interests of the development as well as the environment. This will be done

without consultation with the PURCHASER, but with the input from the Professional team associated with the

project, and will be uploaded on the website. A notification to all Purchasers will be sent out each time there is

an amendment to the Architectural Guidelines. No amendment may be made retrospectively.

Should there be a conflict between the terms of these Architectural Guidelines and the terms of the Articles of

Association of Elephant Rock Eco Estate, Home Owners Association, and Articles of Association shall prevail.

The architectural style of the buildings will have to merge into the natural backdrop, good proportions, colors

and massing with a balance of natural materials, forms and shapes, these design elements will connect the

structures to nature and create harmony rather than contrast.

The architectural intention is to embrace, adapt, interpret and incorporate the natural environment in a

manner, which not only protects the natural environment, but also enhances it.

True architecture reflects an unpretentious style in buildings, and utilizes a simple yet clear visual language that

will communicate strongly with the people who use them and fulfill the essential purpose they are designed for,

always responding to the environment in which they are built.

The architectural style of the building will be considered in conjunction with that of other houses in the area, as

well as aesthetic appearance and the proposed placing of the building, and such other factors as the Elephant

Rock Eco Estate Home Owners' Association in its entire discretion may deem appropriate.

Every effort will be made to ensure that high standards are observed by all stand owners. However, the right to

final approval of building plans ultimately vests in the Local Authority and no assurance can be given to

individual owners that such standards will be adopted throughout the development.

The construction or improvements should be concluded within 5 (five) years from date of registration of transfer

of ownership to the first purchaser (owner). In order to reduce inconvenience to neighbors and to prevent

unsightliness, construction should proceed without lengthy interruptions, and should in any event be completed

within one year from commencement.

Phased design should be handled in such a way that the end of each phase should be aesthetically

acceptable to the Elephant Rock Eco Estate Home Owners' Association. Any deviation from the above time

limits will be subject to penalties calculated on a daily basis according to tariffs determined by the Directors of

the Elephant Rock Eco Estate Home Owners' Association

The general style prescribed TRADITIONAL & MODERN FARM STYLE with natural look and natural outside finishing’s

and colours:

TYPICAL HOUSE FORMS & MATERIALS: - see annexure

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1 The magnificence in Topography, some sites are particularly steep and create beautiful views over natural

features. The conservation area is such beautiful hills overlooking the river and wildlife. The natural views lend it

to creative designs and lookout areas. The emphasis should be on the utilization of natural and eco materials,

textures and colors.

2 The design of the dwelling unit or any development on the stand should show a special sensitivity to the existing

natural features, flora and topography.

3 To create this architectural language that responds to the environment determining factor to consider would

be: Climate; Views; Orientation; Topography; Functionality; Durability; Eco-Materials; Natural Elements.

4 With the facts take into consideration, most of these stands on the E.R.E.E. do have Northern; Eastern; Southern,

and Western views, and with the climate in this area, it’s recommended that the Northern and Western sun be

avoid. This will make that it will not be the normal North orientation designs.

5 It’s recommended that Cavity walls with approved Insulation or Structurally Insulated Panels, or SIPs as they are

commonly referenced be used.

6 Covered verandas and covered patios, with shading shutters will be advised.

7 The living areas of surrounding structures must still be taken into account in the design process due to above

mentioned facts. Screening to protect Neighbours privacy must form part of the design.

8 The dwelling should be designed around existing trees to avoid having to remove them. It’s been

recommended to make use of wooden decking or natural stone (slate) to create cozy areas under the trees.

See Landscape.

9 It is the client’s responsibility to appoint a Professional Land Surveyor – to plot trees all contours of the stand,

before the Design Professional can continue with the design. Seeing that most of the stands are gradient stands,

it’s of Highly Importance for the Designer to have the correct contours to design the building in the envelope

(height restriction of 10m – following the contours on site) and to keep most of the existing trees.

10 The Professional Land Surveyor has to set out the building after council approval, before the builder

commenced with the building work.

1 No Fencing of the boundaries of a stand will be allowed;

2 The natural environment will be left untouched except for that area designated by the Home Owners'

Association for the erection of the buildings on the stand and garden purposes not exceeding 2 000 square

meters. Even on this area the environment must be disturbed as little as possible. The purpose hereof is to impose

as little as possible on the natural habitat of the game and create the feeling of "being in the bush" as opposed

to city living.

3 Therefore no trees, bush, grass or any natural growth will be disturbed or removed without written approval of

the Home Owners' Association as this also serves as natural screening of buildings from the roads and buildings

on adjacent stands.

4 If solid walling is required to enhance the privacy of certain parts of the property (for example, to screen the

swimming pool from the road or adjacent stands), then such walling should be as low as possible, and should

not extend for more than 50 % of its length as a continuous line parallel to the road boundary. If a solid wall is

unavoidable, a stepped-back or articulated wall is considered more acceptable. This will however only be

allowed on the area designated by the Home Owners' Association for the erection of buildings not exceeding 2

000 square meters.

5 The Directors must approve all garden walls and fencing with regard to both material and dimensions.

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6 All TV aerials should be concealed and not externally visible. The position, size and siting of satellite dishes must

be approved by the Home Owners' Association.

7 Lean-to and temporary carports will not be allowed.

8 Roofing materials for patio's, carports and outbuildings must be approved by the Home Owners' Association.

9 No Wendy houses or other temporary structures may be erected.

10 Waste bins will be stored and concealed in a structure inaccessible to rodents, baboons, monkeys and other

animals or birds. Such structure to be built in accordance with prescription issued by the Home Owners'

Association.

11 SWIMMING POOLS:

11.1 No swimming pool larger than 40 (Forty) Square meters will be allowed.

11.2 The design of the swimming pool will be such that any wild animal falling into the pool will be able to easily

climb out of the pool.

11.3 Detailed design of the swimming pool must be lodged with the Home Owners' Association for approval.

11.4 No swimming pool water may be pumped or backwashed onto the surface but must be deposited in a

drainage system prescribed by the Home Owners' Association.

These guidelines and standards are subordinate to the National Building Regulations.

All buildings in Elephant Rock Eco Estate will need to comply fully with the National Building Regulations

The use of all materials, needs to carry the SABS or been Agreement certified.

To honor and enhance the spirit of the estate, earthy colour paints – approved by A.R.C. – To blend in with roofs &

walls colours. Colour swatches to be supplied with 1st submission.

A 1 x 1m block to be painted for Final approval by the A.R.C, before the final paint be applied.

All paint colours to blended with above dry-packed claddings, and be described on building plans, to be

approved by the sole discretion of A.R.C.

1 The privacy and views of surrounding properties should be taken into consideration, this adds as a premium. As a

general rule no decks or patios should overlook the living space of the adjacent dwelling.

2 Staff accommodation and Kitchen areas should open onto screened yard max 4m x 4m with minimum 1.8m high

walls as mentioned above, for drying yard.

3 Outbuildings and additions should match the original building, design in style, elevation and material usage. All

plans must indicate at least one single enclosed garage and this must be built in conjunction with the original

dwelling. Carports should be specifically designed to blend in with the house (not as after fixes)

4 Solar geysers will be advice – the heating panels will be on the roofs (not visible from streets)–but the unit needs to

be hidden inside the roof void. It needs to be clearly indicated on the 3d drawings and roof plan layout, not to be

visible from the streets.

5 TV aerials, satellite dishes and other items must form part of the basic structure and their position to be clearly shown

on Roof plan layout and 3d Perspective, that’s been submitted to the E.R.E.E.

Satellite dishes should be painted to match walls when it’s been installed against a wall – on a low level, out of sight

and should be concealed as well.

6 Splash pools are permitted. The maximum permissible surface of a pool area will be 16 square meters.

Interior finishes: - Charcoal or dark blue in color.

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Exterior finishes: - Cement/Natural rock/Corrugated sheeting. (See picture ideas)

The Shape of pools: - Old cement farm dam, or Water manger (krip)

See annexure

7 1m high 100mm c/c - pool fence around pool to form part of the house design – according to N.B.R. This fence

needs to blend in with the design of the house and the landscape Fence can be combined with steel as shown in

these photo’s – steel bars according to NBR specifications 100mm apart (covered with plants for privacy – Or

Wooden Screening – Or Gabion walls. See annexure

All these must be clearly indicated on all plans, elevations, etc.

8 Natural materials and vegetation are to be used to control and eliminated reflective surfaces which could be

harmful to the environment?

9 The use of electrical lighting throughout the development would be addressed very carefully to reduce hazardous

and excessive spillage of light. No spot lights; flood lights or garden lights. If any – it must reflect the light downwards

and not to neighboring properties or into the field. External lighting plan: to be submitted.

10 Horizontal & Vertical proportion, chromadek/wooden/corrugated sliding/rollup - garage doors; or to cover patios

from wind or sun.

11 Mechanical equipment such as wall mounted air-conditioner compressors (and grillers) hidden in ducts where

possible, pool pumps, water tanks etc. to be hidden. All this must be shown clearly on the 3d Perspective and Roof

plan:

12 Plumbing pipes must be concealed in internal ducts or behind feature walls that form part of the building design

with access openings covered with lids over the access opening of the ducts. Sewer connection point to be shown.

13 2m maximum paving or gravel around the dwelling – rest to be natural landscape.

14 For driveways, Casted concrete blocks/strips with small pebbles/broken rocks casted in between will be preferred.

15 Layout of driveway, type of material & colour to be shown. Pavers must match the style and colour of house.

See annexure

16 Positions of all aprons and driveways to be shown on SDP plan for splash pool, pool pump, gas bottles etc.

17 Waste & Recycle bins will be stored and concealed in a structure inaccessible to rodents, baboons, monkeys and

other animals or birds. Structure to form part of the building design (like a vented store room)

18 No boundaries or perimeter fencing or walling will be permitted.

19 Hedges with Indigenous scrubs can be used as screening, and or combined with different wall types – as shown in

pictures.

20 Where a small drying yard or other concealed area need to be fenced a maximum length of 4m x 4m 16square

meter with a lockable gate that blend in with the entire design. Gabion focus walls can be used.

Roof shapes

Hipped- and Fly Roofs - combined with moderately scale Concrete slabs (waterproofed with an approved heat

reflective colour, to melt in with the main roof colour) and Lean to roofs, to suit the particular contours of the site, which

facilitates view corridors between roof elements and creates interesting and undulating roof space.

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Chromadek Roof sheeting will be Highly Recommended –seeing that’s it been heat Reflective (Eco)

Pre coated -GUTTERS & DOWN PIPES (to lead to water tanks/water mangers):

Chromadek Roof Sheeting with heat Reflective. See Annexure

Roof Pitch: - up to 45 degree

Colours: - Dark Dolphin; Buffalo Brown; Charcoal Grey; Aloe Green.

IBR and Corrugated Long span roof sheeting will also be allowed. IT MUST BE TREATED - NOT TO BE SHINY.

Modern Marley roof tiles. See Annexure

Roof pitch: - Min 26 & Max 45 Degree

Colours: - Standard Slate (MDSTSL); Antique Slate (MDANSL);

Standard Brown (MDSTBR); Rustic Brown (MDANRB)

The Designer & Engineer needs to make provision for Drips underneath slab overhangs & Full-bore outlets in slabs for

gutter leading to water tank/water manger. See Annexure

Also allowed contributing of flat or pitched covered terrace/verandah (carports) or timber pergola elements which

help significantly for shading. (to compliment roof)

Roof lines will be monitored and enforced.

All exposed aluminum gutters and rainwater goods, must be pre-coated to match roof colours.

Aluminum Gutters will be advice, to help retaining rain water into water tanks/water mangers

Verandas, Porches and Pergolas:

Supports shall be masonry (face brick or plastered and painted) piers, timber, natural wooden or metal posts.

Timber lattice enclosure to verandas painted to colour guidelines will be permitted. Other materials to be

approved by the Home Owners' Association.

WINDOWS & DOORS: Anodized Aluminum – colours as specified. Any other colours up for discussion.

Other Elements to be incorporated into designs:- see annexure

Water tanks, Splash Pools, Boma fire places, Water manger (krip) and Windmill’s.

Finishes thereof:-

Cement/Corrugated sheeting/Treated timber/Red stock bricks/Bricks with bagged plaster/Natural Dry-packed stones.

Plants to be used

21 Compulsory. Only indigenous Lowveld plants including trees, shrubs and ground covers may be used by property

owners.

22 The use and rehabilitation of natural habitat, grass is encouraged.

23 All driveways, areas cleared of natural vegetation; trees to be removed, pools, court yard, walls, water-features,

decks, patio and any other such features should be clearly indicated on all plans.

24 The undisturbed natural habitat will be maintained at all times.

25 Existing trees must be preserved as far as possible. Building design must take existing trees into consideration Trees

may not be removed from the property without authorization. EXISTING TREES THAT HAVE TO BE REMOVED WILL BE

RELOCATED TO A POSITION ALLOWCATED BY THE HOA. All trees remain the property of E.R.E.E. Proposed trees to be

removed must be clearly indicated on the SDP plan.

26 A limited area, not exceeding 5 meter x 5 meter, at the entertaining area may be cleared for a lawn terrace, but

the larger portion of each stand must be retained in its natural state to welcome wildlife.

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27 Within the style and outside finishing prescribed by the Home Owners' Association in principle no limitations are

placed on building materials other than the following items, the use of which is not allowed: Owners' Association);

28 Unpainted plaster (except where the plaster is coloured naturally – to be approved by the HOA

29 Unpainted or reflective metal sheeting;

30 Reflective or false roofing materials;

31 Pre-cast concrete walls;

32 Razor wire, swimming pool type mesh fencing, security spikes, Electrical fencing or similar features;

33 Approval of the Home Owners' Association should be obtained for the use of any materials other than conventional

bricks and mortar, cast slabs, rib and block floors, roofs and tiles.

34 No steel window frames

35 Externally fitted burglar bars will not be permitted unless they specifically form part of the design. A picture needs to

be submitted for approval by the A.R.C.

36 No palm trees or exotic species may be planted.

37 No Ornate pre-cast concrete building elements.

38 No Face brick

39 No garden shed or Wendy house are allowed. Incorporate store space into the building structure

40 No fiberglass, roof covering will be permitted.

41 No mottled, speckled roof tiles will be permitted.

42 No “Spanish” plaster will be tolerated.

Maximum dwellings per stand: One – Min 120 Square meter.

Maximum granny flat: One - Max 100 Square meter.

Coverage:

The bulk of the dwelling footprint must fall within a 17meter radius of the building peg.

Single Story Dwelling – Max 50% on stand

Double Story Dwelling – Max 40% on stand.

First floor/Ground floor ratio – Max 50%

Maximum height :

Height must be clearly indicated on a section over the complete fall of the stand at the center peg, and on all

elevations.

SINGLE STOREY: - Four and a half meters (4.5 meters) above natural ground level at the building peg position.

DOUBLE STOREY: - Nine meters (9 meters) above natural ground level at the building peg position.

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There are a small number of stands that due to the steep gradient of these sites the A.R.C. will allow a “stepped

“design at their discretion.

The following must be adhered to before building plans and approval of building operation will be considered for

inspection:

All review and inspection procedures imposed are intended to assure compliance with aesthetic and architectural

consideration to the standard of E.R.E.E.

All Scrutiny fees, will escalate by 10% per annum with effect from 1st JANUARY 2018.

PURCHASERS are encouraged to use one of the appointed Estate Design Professionals, but remain free to use a

Professional (PrArch/PrArchT), Registered at The South African Council for the Architectural Profession (Act 44 of 200)

–of their choice from outside the panel. (Purchaser will pay a scrutiny fee penalty, when they will not using the Estate

Design Professionals)

When a client or developer appointed one of the Estates Design Professionals (PrArch/PrArchT), for the project, the

E.R.E.E. plan scrutiny and approval fee will be R2 000.00 payable to E.R.E.E. - H.O.A.

When the chosen Design Professional (PrArch/PrArchT), is not one of the Estate Design Professionals, they will be

required to submit a portfolio with references of work to the A. R. C. PRIOR TO ACCEPTING THE COMMISION.

If and when accepted by the A. R. C., they will be allowed to submit ONE commission (drawing)

Where a client or developer choose to appoint their OWN Design Professional (approved by die panel of the A. R.

C. after submission of their portfolio with references and approval thereof) plan scrutiny and approval fee will be

R6 000.00 payable to the E.R.E.E. – H.O.A. (When the Estates Design Professional, is not the appointed Design

Professional)

Once their final drawing has been approved by the A. R. C. they will be placed on the “approved panel”. Further

commissions may then proceed, one at a time without the need for portfolio submission.

No deviations from the approved drawings will be permitted. Building process will be stopped - Deviation will be

discussed with the appointed Design Professional, amended drawings will be drawn up, re-submitted and approved

by the A.R.C. with approved stamp and Maruleng Town Council approval to be obtained - prior to continue with

construction of the deviation.

An additional scrutiny fee of R1 500.00 will be payable to the E.R.E.E. – H.O.A.

Any Deviations from approved plan; Addition or Alteration submissions for Review and approval, an amount of

R1 500.00 will be payable to the E.R.E.E. – H.O.A. for review by die A.R.C

.It is the PURCHASER’S responsibility to ensure that all plans (New; Deviation plans; Addition or Alterations) are re-

submitted and approved by both the A.R.C. and Maruleng Town Council prior to construction.

Plan approval fees at Maruleng Town Council, will be for the PURCHASER’S account.

The approved Design Professional must be engaged for a minimum service of Design and all approval drawings. It is

recommended that Design Professionals be appointed for a full service. NO SUB-CONTRACTING WILL BE ALLOWED.

If and when the Design Professional has not been appointed for full service, the client needs to appoint a

Professional Project Manager who will be on site every day, to manage the project according to the approved

drawings and precision building.

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When the Design Professional has not been appointed for a full service, the site inspections will be done by the

Estates Design Professional at an additional fee of R1 200.00 per inspection.

Arrangement must be made with the A.R.C. for these Site Inspections. When arrangements are not made with the

A.R.C. and work continue without inspections, a fine of R1 200.00 will be issued.

1 A.R.C. will review every second week – after which feedback will be given via email.

2 1st One full colour set of plans must be submitted to HOA office at the Entrance gate of E.R.E.E., before the

Tuesday to be enrolled for the review meeting on the Thursday, together with the proof of payment as

stipulated in this document.

3 Provide a copy of the Land Surveyor LG Diagram with Contours and Existing Trees with a diameter of 75mm and

larger.

4 Colour swatches.

5 Proof of SACAP membership and number.

After 1st approval….

6 2nd after corrections – if any. All sets of the building plan, necessary for Town Council approval must be

submitted together with an extra coloured paper set, to be kept for record purposes by the E.R.E.E.-H.O.A.

7 Please provide a CD with the latest plan in pdf format.

8 Please provide a copy of the guidelines signed by the Purchaser, together with the building plans submission to

H.O.A.

9 After council approval, a COUNCIL APPROVED copy must be handed in at the A. R. C. together with the proof of

payment for the building deposit, one laminated copy must remain on site at all times.

Plan approval fees, at Maruleng Town Council; Land Surveyor; Engineer and Project Management Fees are for the

Purchaser’s account.

1 THE PROFESSIONAL’S - SACAP REGISTRATION NO – and Contact detail. To accompany every application for

plan approval

2 Area of stand

3 Covered area of dwelling on stand including patio & outbuildings.

4 On SDP plan - Dwelling footprint within the 17 meter build radius and height above original natural ground level;

clearly shown on section over the slope of the stand, at Peg position.

5 Please show each division clearly on a SDP plan – Grass; Patio; Decks; Court yard – max 4 x 4 =16 square m; LM

grass max 25 Square m – for kids; Splash Pool – Max size 16 square meter, etc.

6 % First Floor/Ground floor Ratio when applicable (Max 50% First Floor/Ground floor Ratio allow)

7 % FAR

8 Water tank – position, type & how it will be enclosed.

9 Baboon free - Waist bin & Recycle bin areas (Area – preferable incorporate into the design as a store room with

ventilation – NO free standing cages)

10 BUILDING LINES:

For stands UP to 1500m² - 5m street; 5m sides; 5m rear.

For stands UP to 3000m² - 10m street; 10m sides; 10m rear.

11 Sewer connection point

12 Sidewalk, with driveway clearly shown and description of material.

13 Electrical connection point

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14 Water connection point

15 SG Diagram with contours of site, with position of existing tree, shrubs with a stem diameter of more than 75mm

to be measured and plotted by a Professional Land Surveyor. This must be submitted together with the building

plan.

The Professional Land Surveyor must set out the building before commencing with the building work.

Adjacent dwellings to be shown, especially the entertaining areas. (The positions of adjacent dwellings (if any)

can be obtained at the A.R.C.)

Height must be clearly indicated on a section over the complete fall of the stand at the center peg, and on all

elevations.

16 All details normally required by Local Authority in terms of the National Building Regulations:

All materials must carry the SABS approval mark or Agreement Approval.

1 A panel of approved contractors will be submitted by the Developer prior to the commencement of building

activities at ELEPHANT ROCK ECO ESTATE (E.R.E.E.)

2 PURCHASERS are invited to utilize the services of this panel, but are free to select a contractor of their choice

who does not necessarily need to be a member of the panel of approved contractors that’s been NHBRC

registered?

3 The non-approved contractor will be required to submit a portfolio and references of works and NHBRC

registration certificate to the A.R.C., PRIOR TO ACCEPTING THE COMMISSION.

If accepted by the A.R.C. They will be allowed to accept ONE commission.

4 Contractor activity is only allowed during the following public hours:

06h00 – 18h00 Normal weekdays

Note:

No contractor activity is permitted on weekends and Public Holidays without special permission, as these days

are viewed as private time. Special applications for contractor activity during private time must be lodged with

the Elephant Rock Eco, Estate Home Owners' Association, together with the approval of all adjacent neighbours

one week prior to the required private time activity.

5 Before construction work commences, the PURCHASER’s Contractor is required to pay a footway deposit of

R 10 000.00 to E.R.E.E.-H.O.A, which will be held in trust (free of interest) and will be used in the event of non-

performance to remove site rubble or make good any damages caused by the Contractor or his sub-

contractors and suppliers for any outstanding spot fines.

6 Occupancy certificates will only be issued on final inspection and Approval by the A. R. C.

7 This footway deposit shall be released subject to the submission of the following, handed to the Developer:

A. Local Authority’s certificate of completion and occupancy.

B. Practical Completion Certificate from the controlling Professional.

C. Developer’s appointment agent’s certificate of completion.

D. Outstanding spot fines – proof of payment.

8 The deposit shall be refunded within 14 days of all the above documents being correctly completed and

submitted.

9 All contractors as well as subcontractors, shall be approved by ELEPHANT ROCK ECO ESTATE Home Owners

Association, and shall abide by their Rules and Regulations which included:

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10 All persons entering E.R.E.E. shall be registered with the entrance authorities, with a valid ID document and will

be bound by the terms of E.R.E.E., security policy and procedures. ID cards will be issued and are to be worn on

each person at all times.

11 All the contractor's workers and/or the contractors' sub-contractor workers must comply with security

arrangements and is subject to these rules. The owner must ensure that this is done.

12 The site is to be kept as clean and neat as possible, the contractor shall provide facilities for rubbish disposal,

ensure that the workers use the facility provided and ensure that the rubbish is removed weekly and not burnt on

site. During the construction period the area designated by the Home Owners' Association for building purposes

must be screened on all boundaries thereof by hessian cloth or other screening material approved by the Home

Owners' Association.

13 All material should be off-loaded within the screened area and the contractor will ensure that this is done

.

14 Deliveries from suppliers must be scheduled during the times in Clause 1 above.

15 The contractor must provide toilet facilities for the workers.

16 No building boards may be erected.

17 Access from the road to the building area will be gained only along the route that will finally serve as the access

road to the dwelling so as to cause as little as possible damage to the environment. The contractor and owner

will ensure that this is adhered to.

18 The owner and the contractor shall be responsible for damage to roads and plants and/or damage to private or

Estate property.

19 If the conduct of the Contractor and/or sub-contractor causes any concern to the Elephant Rock Eco Estate,

Home Owners' Association, the Elephant Rock Eco Estate Home Owners' Association may rectify as deemed

necessary and/or reserve the right to suspend building activity until such undesirable conduct is rectified. The

Elephant Rock Eco Estate Home Owners' Association is empowered to act at any time and without notice, and

without recourse from the owner and/or contractor and/or subcontractor.

20 The above document is fully understood and the contractor and owner undertake to comply with the above

points, in addition to any further controls which may be instituted by the Elephant Rock Eco Estate Home

Owners' Association from time to time in the form of a written notification, and ensure compliance by any

subcontractor employed by the contractor.

21 Any professional or Contractor of whatever nature will have to be approved by the Elephant Rock Eco Estate,

Home Owners' Association.

22 All Professional people involved in the individual home owners developing the properties e.g. Architects,

Engineers, Landscaping Architects or Land Surveyors but not limited to the aforementioned categories all have

to be approved by the Elephant Rock Eco Estate, Home Owners Association.

23 No fauna or flora may be damaged or removed.

24 The contractor and his sub-contractors and his suppliers will follow the route to the stand prescribed by the

Elephant Rock Eco Estate, Home Owners' Association, keep to the speed limit and not disturb or harm the fauna

or flora on the farm in any way. If any contractor or supplier or any person in his employ is noticed or found on

any other part of the farm not required for the fulfillment of his duties it will be deemed that he is in breach of this

clause and the Home Owners' Association will be entitled to invoke the prescribed penalties.

25 No wood may be collected on the property.

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26 No open fires are allowed and cooking should only be done on gas or paraffin stoves on a save position under

supervision of the contractor.

27 A building envelope for each stand will be determined, and this area must be firmly screened off with shading

cloth (at least 80% factor) to the height of 1800mm during construction activities, and keep it maintained at all

times. This will apply to all properties as far as possible.

28 All activities need’s to take place inside the screened area.

29 Temporary chemical toilet facilities for the contractors must be contained within the development site.

30 All sites shall be kept neat and tidy during construction and all rubbish and building refuse shall be cleaned up

immediately and removed from site on n weekly basis on Fridays.

31 No excessive noise or playing of radios or loud music will be permitted.

1 The Home Owners' Association will be entitled to claim penalties from the owner of contractor in their absolute and

sole discretion if any breach of these rules caused damage to or jeopardizes the fauna and flora or security of the

farm.

2 No a jointing stands will be used for any materials or rubble or litter of any kind. A fine will be issued upon any

violation – of R8 000.00

3 NO CUTTING OR BRAKING OF TREES OR OPEN FIRES will be allowed on sites. A fine will be issued upon any violation –

of R8 000.00

4 No collecting of ANY DRY WOOD will be allowed. A fine will be issued upon any violation – of R 8 000.00

5 No catching or shooting of any wild life in Estate. A fine will be issued upon any violation - of R 16 000.00.

1 All contributions are due and payable in advance on the first day of each and every month.

2 Interest will be levied on arrear accounts at 18% per annum.

3 A further penalty of R75, 00 per month will be imposed on any account unpaid after 60 days, until such time that

the account has been paid in full.

4 The Members (owners) may amend or add to the rules from time to time, as may be deemed necessary to

ensure the happy and orderly co-existence of occupants.

5 The Directors have the right to fine transgressors where any of the rules as stipulated by Elephant Rock Eco

Estate Home Owners' Association have been broken. Such fine will form part of the contribution and be due

and payable on due date of payment of the contribution. This will however not jeopardize or exclude any

other right of the Home Owners' Association or any other person or instance to institute action against the

transgressor in terms of the Law.

6 A penalty, to be determined by the Directors of the EREE – H.O.A. and calculated on a daily basis according to

tariffs determined by the said Directors, will be imposed on an owner should the construction of the

improvements (house) on his erf not be concluded within 5 years from the date of registration of the transfer of

ownership to the first owner (purchaser) of the specific erf. If the construction is not completed within 1 year

from commencement thereof, the owner will also be subject to the payment of a penalty, calculated as

aforementioned.

If anything is unclear, please be in contact with the A.R.C. at [email protected] or 079 200 3344

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1. No rubble or refuse should be dumped or discarded in any public area.

2. A particular appeal is made to residents to leave open spaces they visit spotless. Residents are requested to

develop the habit of picking up and disposing of any litter in the open places.

3. Flora may not be damaged or removed from any public area.

4. Fauna of any nature may not be hunted, teased, disturbed, chased or trapped be it by people or by animals.

5. No trees or plants may be removed from any stand without the permission of the EREE-H.O.A.

6. Residents must ensure that there is no declared noxious flora in their gardens.

7. Residents are recommended to plant indigenous flora and can approach specialists from the area for advice.

8. Swimming pool water may not be emptied onto the grass veldt areas but must be channelled into an

underground drainage system prescribed by the Home Owners' Association.

9. Vacant stands must be kept clean on a regular basis to the satisfaction of the EREE-H.O.A., and if not

maintained, the EREE-H.O.A. reserves the right to clean the stand at the owner's expense.

10. The residents' use of open areas is entirely at their own risk at all times.

11. Feeding and luring of game and birds:

11.1. Residents may install birdfeeders and birdbaths which are ecologically and aesthetically acceptable.

The Home Owners' decision on any dispute in this regard will however be final.

11.2. Feeding of any other wild animal or game, whether on the general or private areas, is absolutely forbidden as

this will make proper game management impossible or extremely difficult and could be dangerous to residents

and visitors. This clause is also applicable to creation of waterholes and drinking places for game. Positioning of

these and feeding places is totally within the discretion of the Home Owners' Association.

Dams and streams:

12.1. No motorized boat, wet bike, Jet Ski or other floating object is allowed on any dams, river or stream.

12.2. Canoes and rowing boats and swimming will only be allowed in areas designated for that activity by the H.O.A.

The main purpose of this is to preserve the privacy and peace and quiet of stands on the dams, river and streams.

12.3. The same will apply to fishing. Fishing will only be allowed on a catch and release basis.

The roads within the Development are for the movements of all occupants, whether by foot or mechanical means.

1. The speed limit is 20 km per hour.

2. Only roads designated by the Home Owners' Association may be travelled on by motor vehicles.

Other roads may be travelled on by bicycle or by foot.

3. Only motor vehicles and golf carts, but no motor cycles or quad bikes will be allowed.

4. Each owner will be allowed to travel on the roads, for game viewing and leisure purposes in one (1) vehicle per

household at a time.

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1. No business activity or hobby, which would cause aggravation or nuisance to fellow residents, may be

conducted, including, but not restricted, to auctions and jumble sales.

2. No activity causing noise which is disturbing to neighbours will be allowed.

3. Washing should be hung on lines screened from the roads and neighbouring properties.

4. Refuse and garden refuse must be contained in approved bins on designated positions and must be secured

against damaging by rodents or wild life.

All building plans should be in accordance with the Architectural Guidelines applicable to the development, and must

be approved by the Architectural Sub-committee. This includes any additions and alterations to existing structures.

Architectural Guidelines are attached as "Annexure A". Only building plans drawn by a Professional registered designer

that’s been registered with a professional institute will be allowed.

1. Security protocol at the gate must be adhered to at all times.

2. Every owner must conscientiously enforce the security protocol for permanent workers, temporary workers,

contract representatives and his employees.

3. Every owner must ensure that all contractors in his/her employ adhere specifically to the security stipulations

and the conditions with regard to contractor activity.

4. Perimeter walling and fencing serve as a deterrent and are not guaranteed. All attempts of burglary or

instances of fence crawling must be reported to a member of the security staff, and/or subcommittee.

5. Security is an attitude, all owners and residents need to enforce and apply security to make it work.

Do not hesitate to question suspicious persons.

6. Should residents install burglar alarm systems to their residences, they are required to be compatible with the

security system.

1. The occupiers of any property within the township are liable for the conduct of their visitors, contractors and

employees, and must ensure that such parties adhere to the rules. Every owner must ensure that contractors in

his employ adhere to the stipulations of the conditions with regard to contractor activity.

2. The owner may not allow more than 14 (fourteen) people overnight on his stand exclusive of staff.

3. Any servant or staff member will only overnight on the property when the owner or other residents authorized by

the owner, overnight in the dwelling on the stand.

1. Horses will be allowed if and when the Home Owners' Association has provided stabling on the general area.

No stables may be built on a stand and horses will not be allowed to graze on the farm.

1. Should any owner want to let or resell the property, he shall advise the Home Owners' Association in writing in

advance.

2. Only the owner or an accredited Estate Agent approved by the Elephant Rock Eco Estate Home Owners'

Association may be selected to manage the sale or lease. Agents may only operate on a "by appointment"

basis, and must personally accompany a prospective buyer or Lessee and are not allowed to erect any "For

Sale" or "To Let" signage boards, except for show houses at weekends and on public holidays.

3. The accredited agent must ensure that the Buyer/Lessee is informed about and receives a copy of the Rules,

Building and Architectural Guidelines and any other administrative regulations and conditions applicable at the

time with regard to Building Contractor activity.

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4. A clearance certificate must be obtained from the Elephant Rock Estate Home Owners' Association certifying

that all levies have been paid and no other monies are owing to the Home Owners' Association.

5. Any approval granted to the seller (in case of resale) or Lessor, prior to the time of sale or lease must be

communicated to the buyer or Lessee at the time of purchase or lease. Failing this, the buyer or Lessee will have

recourse against the seller or Lessor.

6. The seller or Lessor of a property in the estate shall ensure that the sale agreement contains the following

clauses:

1 HOME OWNERS' ASSOCIATION

1.1 The purchaser acknowledges that he/she, upon registration of the property into his/her name automatically

becomes a member of the Elephant Rock Eco Estate Home Owners' Association and agrees to do so subject to the

Memorandum and Articles of Association."

2 ARCHITECTURAL GUIDELINES

2.1 The seller must personally ensure that when he sells his property the buyer is informed about and receives a

copy of the Rules, Architectural Guidelines and any other administrative regulations applicable at the time.

3. LEASE

"The Lessee acknowledges that upon occupation of the premises, him /her and his /her family, his/her visitors and

servants shall adhere to the rules and regulations as contained in the Rules and Regulations of the Elephant Rock Eco

Estate Home Owners' Association. The Lessor must personally ensure that the Lessee receives a copy of these Rules, and

any other administrative regulation applicable at the time and binds the Lessee to the rules and regulations in the

lease."

The residents' use of the open space areas is entirely at their own risk at all times. Every member of the Association

hereby waives any right he may obtain against the Association to claim any damage incurred by virtue of damage to

or loss of property or the personal injury of the member occasioned while anywhere in the development. Every member

indemnifies the Association against any such claim made by the member's spouse, child, parent, servant, guest or

invitee.

Any written notice addressed to an owner or occupant of the property occupied or owner will be deemed to have

been received and its contents to have come to the addressee's notice if it is (at the volition of the Association) either

delivered at the property to any person seemingly in occupation of the property and seemingly fourteen years of age or

older or if it is attached to or slotted under what appears to be the main entrance door to the premises. If it is posted by

prepaid registered mail to any postal address of which the owner may have advised the Association in writing, then ten

days after posting thereof.