EUPHORIA HOME OWNERS ASSOCIATION RULES - Euphoria Estate
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EUPHORIA HOME OWNERS ASSOCIATION
NON PROFIT COMPANY
Company Reg No: 2005/031867/08
Registered Office: 220 Church Street, Modimolle, 0510
Postal address: PO Box 2820, Mookgophong, 0560
Phone No: +27(0)14 743 0937 Fax No: +27(0)86 6939 812
Website: www.euphoriaestate.co.za
_________________________________________________________________________________
Procedure GEN 001
Original 20050517
VERSION 6
APPROVED BY THE BOARD: 20190126.
EUPHORIA HOME OWNERS
ASSOCIATION RULES
Euphoria Home Owners Association Rules.
Approved 26 January 2019Contents
1. INTRODUCTION...............................................................................................................3
2. DEFINITIONS ...................................................................................................................3
4. PROMULGATION OF RULES..........................................................................................8
5 ARCHITECTURAL GUIDELINES.....................................................................................9
6 UPKEEP AND MAINTENANCE OF RESIDENCES .........................................................9
7 UPKEEP AND MAINTENCE OF GARDENS....................................................................9
8 THE RIGHT TO KEEP AND CONTROL OF PETS/ANIMALS ....................................... 10
9 SECURITY ...................................................................................................................... 10
10 USE OF ROADS.......................................................................................................... 10
11 SPORTING, RECREATION AND COMMUNITY FACILITIES .................................... 13
12 HEALTH ASPECTS .................................................................................................... 14
13 INSURANCE ............................................................................................................... 15
14 LETTING OF UNITS .................................................................................................... 15
15 GENERAL ................................................................................................................... 15
16 LEVY AND SERVICE PAYMENTS ............................................................................. 18
17 THE LEASE / SALE OF A UNIT ................................................................................. 19
18 FAILURE TO COMPLY WITH THE RULES ................................................................ 20
Euphoria Home Owners Association Rules.
Approved 14 July 2018.
21. INTRODUCTION
Being a Member of the Euphoria Golf and Lifestyle Estate entails being part of a community of
people who share the same aspirations for a secure and high quality lifestyle. Rules for the
community provide a means to achieve this lifestyle through an acceptable code by which
Members may live together, reasonably and harmoniously, to the benefit of all, without
interfering with others’ enjoyment. Genuine respect and consideration by all Members for one
another will obviously assure accord on the Estate. In the event of differences or annoyances,
the parties involved should attempt as far as possible to settle the matter between themselves,
exercising respect, tolerance and consideration. The Board of the EHOA, in terms of clause
11 of the Memorandum of Incorporation, is given the power to make rules for the management,
control, administration, use and enjoyment of the Estate. The Board has the power to
substitute, add to, amend or repeal any Rule. The Memorandum of Incorporation requires the
Rules to be reasonable, binding, and to apply equally to all Members. Based upon this
rationale, the Rules should be seen as a judicious framework to safeguard and promote
appropriate, sensible and fair interaction. The Board also has the right to impose financial
penalties (fines) to be paid by those Members who fail to comply with the Rules. Fines, where
imposed, shall be deemed to be a part of the levy due by the Member. Further, the Board may
enforce provisions of any Rule by application to the courts.
2. DEFINITIONS
“Aesthetics Committee” means the Architectural Review Committee, a Board sub-committee
appointed in terms of the Memorandum of Incorporation responsible for maintaining and
updating the Landscaping Guidelines and for monitoring compliance therewith and
recommending corrective or preventative action as appropriate;
“Architectural Guidelines” means the guidelines as approved by the Board and issued by the
Architectural Review Committee from time to time;
“Architectural Review Committee” or “ARC” means a Board sub-committee appointed in terms
of the Memorandum of Incorporation and responsible for ensuring that development on the
Estate is in accordance with the required architectural controls and aesthetic standards
including; maintaining and updating the Landscaping Guidelines and for monitoring
compliance therewith and recommending corrective or preventative action as appropriate;
Euphoria Home Owners Association Rules.
Approved 14 July 2018.
3“Administration Manager” means the person appointed by the Board to manage all
administrative matters, serve as a conduit between Members and the Board, ensure liaison
between staff members and manage cash flow;
“Association” or “EHOA” means the Euphoria Home Owners Association NPC, registration
number 2005/031867/08;
“Board” means the board of directors of the EHOA as elected from time to time in terms of its
Memorandum of Incorporation;
“Body Corporate” means a body corporate as defined in Section 1 of the Sectional Titles
Schemes Management Act No. 59 of 1980 or a Share Block company as defined in Section 1
of the Share Blocks Control Act No. 59 of 1980;
“Contractors” means any person/company appointed to construct buildings, do alterations to
residences or property and installations of any kind related to property and equipment but
excludes temporary personnel employed by a Member to execute minor do-it-yourself and
maintenance activities;
“Day Visitor/s” mean/s visitor/s entering and exiting the Estate during the course of one
calendar day.
“Domestic Employee/s” mean/s any person paid by the Member to perform normal household
tasks such as cleaning, dusting, sweeping, washing, ironing, cooking, gardening, and like
chores.
“EHOA” means the Euphoria Home Owners Association NPC, registration number
2005/031867/08;
“EIA” means the Environmental Impact Assessment;
“Estate” means Euphoria Golf and Lifestyle Estate;
-
Euphoria Home Owners Association Rules.
Approved 14 July 2018.
4“Estate Security Control Room” means the office from where the security of the Estate is
controlled;
“Extended Stay Visitor/s” mean/s visitor/s who are not Members who will be staying over on
the Estate for 1 night or more, whether for the purposes of house sitting or other;
“Garden Service Contractors” means any person/company appointed by a Member or Body
Corporate to layout, create and/or maintain gardens and pavements for the Member or Body
Corporate;
“Golf Club” means the Euphoria Golf Club, a voluntary association formed by the Members;
“Member” means the “Owner” and the “Developer” as defined in the Memorandum of
Incorporation and includes the purchaser or purchasers in the case of individual or joint
ownership and the corporate owner, and any director, member, liquidator, curator or trustee of
such corporate owner and any lessee of any Residential Stand and any member of the family
of any of these;
“Landscaping Guidelines” means the landscaping and gardening guidelines as determined by
the ARC from time to time;
“Local Authority” means the Mookgophong Municipality;
“Member” means a member of the EHOA as set out in its Memorandum of Incorporation;
“Mookgophong Local Municipality Town Planning Scheme” means the town planning scheme
as approved by the Local Authority from time to time;
“Others” shall mean any invitee, guest or any person who gains access to the Estate under the
authorization of a Member;
“Outside Golf Club Members” means those members of the Golf Club who are not Members;
Euphoria Home Owners Association Rules.
Approved 14 July 2018.
5“Residents” are Members or others who rent Members’ properties and who are resident on the
Estate;
“Rules” and “Conduct Rules” means these rules as originally issued on 17 May 2005 and
subsequently revised from time to time;
“Rules Committee” means the Board or a sub-committee created by the Board from time to
time to review the Rules;
“Security Committee” means the Board sub-committee appointed from time to time to advise
on and monitor the security status of the Estate;
“Stand” has the meaning as defined in the Memorandum of Incorporation;
“Town Planning Controls” means those controls implemented by the Local Authority to monitor
town planning development;
“Visitors” means Day Visitors and Extended Stay Visitors.
3. THE PURPOSE OF THE EHOA
As background information, in determining the purpose of the EHOA, the Board has been
guided by the following:
3.1 The Articles of Association of December 2008 state:
The EHOA shall provide such security in the Estate as it deems appropriate, from time to time.
Maintenance of Open spaces, Private Roads and Municipal Services
The Association shall be responsible for the maintenance, upkeep and repair of any private
open spaces, private nature reserve, private roads or other common landscaped area within
the Estate. Further, in the event of the Local Authority, or any other service provider, not
having the means or being unwilling to maintain or not maintaining the services normally
provided by a local authority to a standard acceptable to the EHOA, then in that event, the
Association shall provide and maintain such services
Euphoria Home Owners Association Rules.
Approved 14 July 2018.
63.2 The Memorandum of Incorporation states:
Object of the EHOA
The main object of the EHOA is to develop, promote, advance and protect communal interests
and the safety and welfare of the Members of the EHOA, including, but not limited to, by
maintaining the infrastructure and open spaces, monitoring that the aesthetic appearance
including landscaping, buildings and improvements on the property is maintained,
implementing security measures for the controlled access to the property, supplying services
where required and ensuring that the development standards are maintained.
3.3 The Purchase agreement states:
The purchase agreement states, inter alia, that the EHOA shall provide the following services,
the cost of which shall be covered by the levies:
Security
Refuse removal
Landscaping of common areas
Administration of the HOA
Water and electricity supplied to common areas
Maintenance of sidewalks, roads, verges and other common areas
Maintenance of perimeter fence and entrance gates
Maintenance of waste water treatment works
Maintenance of the landing strip, if applicable
One member’s subscription to the Euphoria Golf Club
Based on the above, the Board has articulated the following:
The purpose of the Euphoria Home Owners Association (EHOA) is to develop,
promote, advance and protect communal interests and the safety and welfare of the
Members of the EHOA by:
• Supplying all utility services such as water, electricity, refuse removal, waste
water and sewage treatment;
• Maintaining all common areas, roads, verges, sidewalks, the cable way,
servitudes, drainage and the like;
Euphoria Home Owners Association Rules.
Approved 14 July 2018.
7• Operating and maintaining an effective security system aimed at the protection
of persons and property;
• Supporting the Euphoria Golf Club;
• Maintaining architectural and aesthetic standards so as to guard against value
deterioration while being sensitive to the economic realities confronting both the
EHOA and its Members;
• Facilitating, as far as it is able, co-operation between all stakeholders to
maintain and raise the standards of those facilities which act as draw cards and
upon which perceptions are based, namely the cable car, golf course, the club
house, the lodges and the hydro.
Pursuit of the above purpose must be balanced with the EHOA’s and its Members’ capability
of providing the resources required.
4. PROMULGATION OF RULES
4.1 Regular revision and publication of Rules.
As from the date of promulgation of these Rules they shall apply forthwith and all Members,
Bodies Corporate, Visitors and Others, where appropriate, shall be required to abide thereby.
These Rules will be re-issued as and when required following any changes or amendments.
The date of the approval of any revision will be printed at the foot of each page.
4.2 Conflict of existing practice with new Rules
Any existing practice in conflict with revised Rules shall cease immediately. Should the
promulgation of revised Rules create a conflict between such revised Rules and an existing
practice of long standing and a Member feels legitimately aggrieved, the Member should
approach the Board requesting that the grievance be heard. If the Board finds, in its absolute
discretion, that the grievance is legitimate, the Board shall amend or repeal the cause of the
conflict. Any decision resulting from such consideration shall be entirely at the Board’s
discretion and shall be binding on all parties.
4.3 Contravention of Rules by Visitors and Others.
Any contravention of the Rules by Visitors and Others shall be deemed to be a contravention
by the corresponding Member.
Euphoria Home Owners Association Rules.
Approved 14 July 2018.
85 ARCHITECTURAL GUIDELINES
All houses/dwellings/buildings on the Estate are to be designed, built, completed and occupied
in accordance with the Architectural Guidelines as approved by the Board from time to time.
All gardens are to be maintained in accordance with Landscaping Guidelines as approved by
the Board from time to time.
6 UPKEEP AND MAINTENANCE OF RESIDENCES
6.1 General Building Maintenance
The exterior of every building together with fences, driveways, etc., must be maintained in a
clean, tidy, neat and befittingly repaired, painted and properly kept condition by the Member at
all times. The maintenance of the exterior of Sectional Title units is the responsibility of the
relevant Body Corporate.
6.2 Standards of Building Maintenance
Where in the opinion of the EHOA the condition of a building has not been maintained at the
required standards of the Estate, the EHOA shall give written notice to the Member, or Body
Corporate, to carry out the necessary improvements within a reasonable, specified time.
Failure to comply with such notice within the time specified shall entitle the EHOA to carry out
that work and to recover the reasonable cost thereof from the Member or Body Corporate,
which amount shall be deemed to be part of the levy due by the Member or Body Corporate.
7 UPKEEP AND MAINTENCE OF GARDENS
7.1 General Garden Maintenance
The EHOA requires an acceptable standard of garden design and garden maintenance
including pavement areas. Garden Service Contractors may not offer less than the minimum
standard, nor may the Member accept less. Members are to negotiate their own contracts with
Garden Service Contractors.
7.2 Garden Standards.
Where in the opinion of the EHOA the condition of a garden has not been maintained at the
required standards of the Estate, the EHOA shall give written notice to the Member or Body
Corporate, to carry out the necessary improvements within a reasonable, specified time.
Failure to comply with such notice within the time specified shall entitle the EHOA to carry out
Euphoria Home Owners Association Rules.
Approved 14 July 2018.
9that work and to recover the reasonable cost thereof from the Member or Body Corporate,
which amount shall be deemed to be part of the levy due by the Member or Body Corporate.
8 THE RIGHT TO KEEP AND CONTROL OF PETS/ANIMALS
Absolutely no pets of any description are allowed to be kept on the Estate.
9 SECURITY
All Security procedures in force from time to time shall be strictly adhered to by all persons
inside the Estate. These are contained in the EHOA’s Security Protocol and Standard
Operating Procedures as approved by the Board from time to time.
9.1 General Security Procedures
All Members are required to install only such alarm systems as have been approved by the
EHOA. This is to ensure that the alarm systems may be connected into the overall security
system for monitoring.
9.2 Messenger of Court, Sheriff of the Court and Police
Access to the Estate for such persons will be granted subject to their being able to provide
suitable identification and authorisation such as valid court orders, warrants and the like.
Security will escort such persons to the premises and ensure all relevant laws and ordinances
are followed, and the minimum publicity occurs. Note that the approval of Members or Bodies
Corporate will not be sought.
9.3 Reporting to Security
Security is a shared responsibility. Members are requested to report any suspicious or unlawful
occurrence to the EHOA immediately it is seen or perceived.
9.4 Access and Exit control
All persons shall comply with the access and exit control measures as imposed by the EHOA
and as are fully stipulated in the Security Operating Procedure as amended from time to time.
10 USE OF ROADS
The roads on the Estate, in spite of being ‘private’, are in fact used by the public. Because of
this, and for the safety of all Residents and road users, it is necessary to apply the provisions
of the Road Traffic Act 29 of 1989 (as amended). The roads are for the use of all, whether on
Euphoria Home Owners Association Rules.
Approved 14 July 2018.
10foot, skates, cycles, golf carts, cars, buses or trucks and, in the Estate’s exclusive environment,
this places extra responsibility and awareness on all who use these roads, but more particularly
on all adults and especially parents who need to educate and control their children.
10.1 Speed Limit
The speed limit throughout the lower portion of the Estate is 40 kilometers per hour and in the
upper area at the Bushveld stands it is 60 kilometers per hour. Any person found driving in
excess of the speed limit, or in a dangerous manner, will be subject to a warning for the first
offence; R200 fine for the 2nd offence; R500 fine for the 3rd offence. 4th and subsequent
offences will be referred to the Disciplinary Committee and may result in those vehicles being
prohibited from entering the Estate.
10.2 Pedestrians and Golfers
Pedestrians must be given the right of way. Golfers at their applicable crossings also have
right of way. Golf carts shall have the right of way over other vehicles within the Estate.
10.3 Operating Restrictions for Vehicles
No person shall operate any vehicle upon any place within the Estate, including golf carts,
unless she/he is the holder of a valid driver’s license. Engine powered vehicles, cars and
motorcycles may be operated only on surfaced roads. (Pavements, open lawn areas and cart
paths are out of bounds to such vehicles). Golf carts and bicycles may use cart paths, provided
no golf is in progress and disrupted by such activity. (Jogging along paths is also permitted
outside of normal golfing hours). Operating any kind of vehicle on the Estate while under the
influence of alcohol or drugs, which may impede the driver’s ability to control the vehicle, is
prohibited. Operating any vehicle in such a manner as to constitute a danger or a nuisance to
any other person or property within the Estate is prohibited.
10.4 Service Road to Bushveld Stands
The service road to the Bushveld Stands is restricted for use by employees, and Board
members as required, of the EHOA. Other persons employed on the Estate such as at the
Club House or Golf Club may apply to the EHOA to use the service road for official purposes.
Permission shall only be granted on condition that the person and his/her employer indemnify
the EHOA against any and all claims of whatsoever nature which may arise as a result of the
person using the service road. In addition, Members owning Bushveld Stands may be granted
access on condition that the person/s using the road indemnifies/y the EHOA against any and
Euphoria Home Owners Association Rules.
Approved 14 July 2018.
11all claims of whatsoever nature which may arise as a result of the person/s using the service
road.
10.5 Parking
Parking on pavements and open lawn areas, or in front of driveways to residences is
prohibited, and parking may only be done in areas so designated for that purpose. Parking in
no-parking zones may result in clamping of the vehicle, which shall only be released upon
payment of a fine of R200 for the first occurrence and doubling to R400 and then R800 for the
second and third occurrence.
10.6 Scooter Bikes/Dune Buggies/ Off-road Bikes / Quads/Petrol and diesel powered
golf carts
None of these types of vehicles will be permitted to be used on the Estate, except for those
authorised for Estate management in the execution of their duties.
10.7 Caravans and Boats
All caravans, boats and trailers shall be parked only in areas set aside for this purpose, if
available. Should such areas be fully occupied or unavailable, caravans, boats and trailers
may be parked inside the Estate only with the written permission of the EHOA and only in
areas designated by the EHOA, if provision has not been made to accommodate them at
residences.
10.8 Golf Carts
Only electric powered golf carts will be allowed on the Estate. Golf carts may be driven by
persons having valid drivers or learners licenses. The latter if accompanied by a licensed
driver. They may not be driven across lawns, on common property or around parking areas
and must stay strictly on the internal Estate roads or on cart paths or on the golf course when
playing a legitimate round of golf. Players must always check with the pro-shop that carts are
permitted. (NB. It is illegal to drive golf carts on public roads outside the Estate and the Traffic
Authorities are empowered to fine any transgressor and to confiscate the cart). The Golf Club
and the EHOA may require the registration of all golf carts. All golf carts are required to be
painted in the approved colour and be numbered as required by the EHOA. Only Members will
be permitted the use of private carts.
Euphoria Home Owners Association Rules.
Approved 14 July 2018.
1210.9 Skateboards, In-line Skates, Roller Skates
Skates are a matter of concern to drivers when encountered on roads. While no-one wishes
to turn the Estate into a sterile “non-playing area”, in the cause of safety Members are kindly
requested to ensure that those under their control exercise the utmost caution when using
such equipment and do not cause a hazard to themselves or other road users.
11 SPORTING, RECREATION AND COMMUNITY FACILITIES
11.1 Golf Club Membership
One Member per stand, excluding the Developer, shall nominate a member of the Euphoria
Golf Club in accordance with the conditions of purchase and the Constitution of the Golf Club.
Additional persons may apply for Golf Club membership in terms of the Euphoria Golf Club
constitution.
11.2 Owner privilege and Preferential Fees
Members of the Association and Golf Club members are granted privilege regarding access
and EHOA negotiated special discounts when using the facilities offered by the Developer
being the Lodges, the Club House, Food and beverage, the golf club and the cable car. The
Developer has granted these discounts in good faith. However, should a Golf Club member
not be in good standing or a Member of the Association be in arrears by 180 days or more the
preferential fees will no longer be available to such persons and their access cards will be
withdrawn.
11.3 Community Facilities
Community facilities are for the use of Members and their guests only. The facilities may be
booked for special communal functions or occasions for Estate residents through the EHOA’s
office. Under no circumstances may community furniture or equipment be removed from the
facility. It is the duty of whoever uses the facility to clear away all rubbish, stack away the
cushions and chairs, and leave the place in a clean and tidy condition. Any damage to facilities
is to be reported to the EHOA and if any such damage is due to the actions of a Member, any
repairs will be for their account.
11.4 Dams / Lakes / streams and rivers
Lakes /streams/dams/rivers, etc. where they are part of the Estate, have certain areas of
“common property” around them. Residents are required to exercise respect and not intrude
Euphoria Home Owners Association Rules.
Approved 14 July 2018.
13on the privacy of residents whose properties front onto the lakes/dams/rivers. Swimming,
boating, floating or sailing in any of the dams, lakes, streams or rivers is prohibited.
11.5 Camping
Private camping is not permitted anywhere within the Estate. Commercial tented camps may
be established on designated areas which will be accessible to residents by booking through
the appropriate channels.
11.6 Picnicking
Picnicking is not permitted on any common property under the jurisdiction of the EHOA, other
than in areas specifically demarcated for such use.
11.7 Boating
Boating is not permitted on any dam/lake/stream under the jurisdiction of the EHOA.
11.8 Fishing
Fishing is permitted in some of the designated dams, rock pools and rivers under the
jurisdiction of the EHOA, using light dam or river rods. The use of large rods and any form of
net is prohibited. These dams will be clearly demarcated as available for fishing. Fishing is
only allowed on a catch and release basis.
11.9 Firearms
Discharging of any firearm, air-gun or other lethal weapon is strictly prohibited, save in self-
defence, or where authorised in special circumstances by the EHOA.
12 HEALTH ASPECTS
12.1 Household and Garden Refuse
Members/ Occupiers of residences are responsible to put out the refuse bins for collection by
the EHOA. All household refuse is to be placed in black bags inside the bins. All garden
refuse must be placed in green bags inside the bins. Club House refuse is to be placed in
black bags inside the bins at the refuse room at the Clubhouse.
The bins are to be collected from the front of each stand on the same day the refuse has been
removed and after removal of refuse, to be placed within the boundary walls of each property.
Euphoria Home Owners Association Rules.
Approved 14 July 2018.
1412.2 The storing of dangerous and inflammable materials.
Storage hereof in bulk quantities is strictly prohibited. The storage of such material could
invalidate building insurance and could result in a substantial loss on the Estate for which the
responsible person shall be liable.
13 INSURANCE
The EHOA has no responsibility whatsoever for the Insurance of the contents or structure of
any particular dwelling, which is the sole responsibility of the Member or occupier. No Member
shall do or permit to be done in his/her section or on the common property, anything which
will or may increase the rate of premium payable by the EHOA on any insurance policy or
which may tend to vitiate any such insurance policy.
14 LETTING OF UNITS
All persons granted rights of occupancy by any Member are obliged to comply with all the
relevant Rules and the MOI. The Member shall make this a condition of the lease and is
required to furnish the lessee with a copy of the Rules. By lessee is meant all lessees, be they
leasing for short duration of one or two nights or for longer periods.
Members take full responsibility for the actions of their visitors and tenants. The EHOA will only
work through Members and not the visitors or tenants. Should visitors/ tenants be in breach of
any rules the Members will be held responsible. This includes but is not limited to any fines
being issued for breaching of rules and damages to communal areas. Any repair costs caused
by the actions of visitors/ tenants will be for the Member’s account.
15 GENERAL
15.1 General Conduct
Respect and general consideration by all members and residents for all other members and
all users of the Estate should be exercised at all times. Unreasonable disturbance,
inconvenience, annoyance, being a nuisance to, or interference with any other members or
residents, or their rights, in any manner is deemed by the EHOA to be unacceptable to
harmonious living, and is strictly prohibited. No Member or Lessee shall permit anything to be
done in a dwelling or on common property which constitutes a nuisance or an unreasonable
invasion of the privacy of other occupiers or units or permit or make any disturbance or allow
their children, guests, or other persons for whom they are responsible, to make any disturbance
Euphoria Home Owners Association Rules.
Approved 14 July 2018.
15or noise which in the opinion of the EHOA, in its sole and absolute discretion, would constitute
an invasion of the Right of Privacy of the others. Children must be warned to observe road
rules and undue invasion of the privacy of other occupiers or homes at all times.
15.2 Helicopters
No Helicopter or other aerial conveyance may be landed at any place on the Estate without
the prior written consent of the EHOA. (This rule shall not apply to legitimate Emergency
Services performing special duties or rescue operations).
15.3 Curing of Meat, Fish or Fowl.
No meat, skin, fish or carcass may be hung up to dry or to cure within the Estate.
15.4 Signs
No signs may be displayed on the Estate (giving the name of builders, decorators, furnishers,
alarm companies, garden installers, garden maintenance contractors, Estate Agents and the
like). This rule shall not apply to the regulation notice board required by the Guidelines for the
erection of new buildings, nor to Security signs depicting zones on the perimeter fence nor to
Estate directional signage. All decorative house name boards must conform as to size, colour
and position, within the requirements of the EHOA.
15.5 Adverts/publicity Material
No private, religious or commercial advertising notices or brochures are permitted to be
distributed around the Estate. This does not include letters or notices to Members from the
EHOA.
15.6 Auctions/Jumble Sales/Garage Sales
Any form of public auction or sale on any property within the Estate is prohibited (other than
with the prior written permission from the EHOA).
15.7 Use of and Conduct in Open Spaces
The lighting of fires in any open space on the Estate is prohibited unless for the express
purpose of braaiing or in a lapa at an authorized function, or as an ordinary residential activity,
and provided the fire is in a proper receptacle/burner/area specifically built for that purpose.
Disturbing, collecting or destroying of plant material is prohibited except by authorization from
the EHOA. Disturbing, harming or destroying any wild animal or bird is prohibited. (Should wild
Euphoria Home Owners Association Rules.
Approved 14 July 2018.
16animals become a nuisance; the problem should be brought to the attention of the EHOA). The
use of any open space in a manner or through conduct which may unreasonably interfere with
the use and enjoyment thereof by other persons, or in such a way as to cause a nuisance
which may detrimentally affect the amenity of such space, is prohibited. Littering or discarding
of any item whatsoever on the Estate is prohibited except in receptacles specially provided.
The pollution of any river, rock pool, lake, dam, pond or stream is prohibited.
15.8 Fire Wood
No wood may be collected from anywhere on the Estate for any purpose without approval of
the EHOA. Dead wood forms an integral part of the natural eco system and may not be
removed or disturbed.
15.9 Fireworks
The lighting or letting off of fireworks within the Estate is strictly prohibited at all times unless
prior approval has been obtained from the EHOA.
15.10 Parties and functions on the Estate
Ordinary dinner parties and other social gatherings of reasonable proportions are part of
normal living and of good social interaction. They pose few, if any problems. However, the
holding of large celebratory functions within the Estate is discouraged for reasons of disruption
to security, parking and the general disturbance of and inconvenience to other residents.
Special permission for a function to be held within the Estate, where more than 20 people may
be attending, must be timeously sought, at least 14 days prior to the proposed date of such
function. Such permission will not be lightly given and, in the unlikely event of permission being
granted, cognizance shall be taken by the EHOA of the position where the event will take place
in relation to gates and to neighbours, parking availability, times of function, type of music to
be provided, size and position of any proposed marquee, arrangements at gates, requirements
for security and additional guards, as well as other matters of importance to the situation, all
of which may result in the possible imposition of restrictions and/or special conditions as may
be deemed fit by the Board. In any event, if permission is granted, it is required that such
functions will terminate by 22:30 at residences and 23:00 at the Club House after which no
noise will be tolerated. In special cases the Board may extend this to 24:00 after consultation
with the neighbours. Restrictions imposed on any function shall be strictly adhered to. For the
purpose of these clauses “functions” shall mean any celebratory function, party, ceremony,
reception, event, or gathering etc. where more than 20 people may be attending.
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17Gatherings of persons, irrespective of the numbers, shall abide by the requirement of 22:30
regarding noise pollution.
15.11 General Aesthetics/Standards
Veranda/garden furniture or any other external appurtenances, decorations, decorative lights,
drapes, buntings, umbrellas, signs symbols or whatever which, in the opinion of the Board, are
aesthetically unpleasing or uncomplimentary to the general amenity and ambience of the
Estate may not be displayed to view in any part of the Estate. Garage doors must be kept
closed at all times, other than when legitimate ingress or egress is taking place.
16 LEVY AND SERVICE PAYMENTS
16.1 Members must pay levies in full and in advance by the 1st day of each and every month,
preferably via bank debit order.
16.2 Members in arrears at the 14th of the month shall pay interest, (at an interest rate
determined by the Board from time to time), and such interest shall be applied to the full
amount overdue, from the 1st of the month up until the date of payment.
16.3 Members still in arrears after 30 days must pay immediately on being billed pay the full
amount overdue including interest by the 14th of the following month.
16.4 Legal action, including Section 345 demands in terms of the Companies Act 61 of 1973,
shall be invoked against Members in arrears after 60 days Any costs incurred by these
proceedings and all additional interest up to the date of final settlement shall be for the
Member’s account. (Any interest on, or collection fees for overdue levies or service
charges, shall be considered to be part of the levy and treated as such).
16.5 Levy amounts may not be reduced to offset against real, perceived, partial or non-
provision of services or for any other reason unless previously discussed with and
sanctioned by the EHOA.
16.6 Members who are “away” at month-end must make arrangements to ensure the Levies
are paid by due date. (Being “on “holiday”, “away overseas” or “away on business” and
like excuses are not acceptable reasons for late payment of Levies). Members are
Euphoria Home Owners Association Rules.
Approved 14 July 2018.
18encouraged to effect payment by way of debit orders which can be signed for at the
offices of the EHOA.
16.7 Services shall be supplied after receipt of a deposit as determined by the Board from time
to time. Services provided by the EHOA shall be invoiced at month end and are payable
by 1st day of the second month following month end. Should payment not be received by
the 14th of the month all services shall be discontinued. A disconnection and reconnection
fee as determined by the Board from time to time shall be levied. Reconnection shall only
take place on receipt of all outstanding amounts, interest thereon, the disconnection and
the reconnection fees and a full deposit as applicable at the time of reconnection.
17 THE LEASE / SALE OF A UNIT
17.1 The consent in writing of the EHOA must be obtained prior to the renting/leasing of a
Stand, or a portion of a Stand, which consent, subject to all levies, service charges and
other amounts being fully paid and all other conditions of the EHOA being met, will not
be unreasonably withheld.
17.2 Lessees must be of suitable standing befitting the Estate, and the names of such lessees
must be provided to the EHOA along with the request for permission to lease, and a
statement as to the duration of the lease. (The names are required for entering in the
register of residents and for security identification and issue of access cards).
17.3 The Member must inform the lessees of the rules of the Estate, and must be aware that
any contravention of the rules by any lessee shall be deemed to be a contravention by
the Member.
17.4 All leases are to be governed by lease agreements in accordance with those approved
by or provided by the EHOA.
17.5 No Member shall transfer a stand unless it is a condition of such transfer that the
transferee, in a manner acceptable to the EHOA, agrees to become a Member of the
EHOA and is admitted as a Member, and that the MOI and Rules are included in the
purchase agreement and signed by the purchaser.
Euphoria Home Owners Association Rules.
Approved 14 July 2018.
1917.6 The transferee must agree to become a member of the EHOA and abide by all the rights,
duties and obligations of such a member.
17.7 It the transferee is a corporate entity (company, CC, Trust and the like, Details of all
directors, members, trustees, shareholders and members’ interest or shareholding must
be provided and all must sign adherence to the Rules and MOI.
17.8 For reasons of security, the nature of the development of the Estate, and various matters
about which any purchaser should become aware when buying into the Estate, if a
Member wishes to dispose of his property, he shall, to the extent that he requires the
services of an estate agent in regard to such disposal, do so in accordance with this Rule
14.
17.9 A Member who wishes to dispose of his property shall:
17.9.1 If he requires the services of an Estate Agent do so exclusively through an Estate
Agency accredited by the EHOA;
17.9.2 Send the signed Contract of Sale to the EHOA to be checked prior to forwarding
to a conveyancer;
17.10 Clause 15 of these Rules deals with the failure to comply with the Rules, but set out
hereunder in clause 14.10 is a specific breach clause, which will apply in the event of a
Member failing to comply with Rule 14.
17.11 Prior to the transfer of a Stand it is required that the EHOA issue a clearance certificate
indicating the amount due prior to transfer being able to be effected. If a Member fails to
comply with this Rule 13, the EHOA shall have the absolute right to withhold its consent
to the Member transferring his property.
18 FAILURE TO COMPLY WITH THE RULES
18.1 Failure by a Member to comply with any provisions of any Rules may result in:
• a call for an explanation and/or an apology; and/or
• a reprimand and a request to comply, and/or
Euphoria Home Owners Association Rules.
Approved 14 July 2018.
20• the imposition of a fine (which shall be deemed to be a part of the Levy due by the
Member); and/or
• the withdrawal of any previously given consent applicable to the particular matter;
and/or
• an order to pay for damages resulting from non-compliance with any rule; and/or
• application to the Courts for the enforcement of the Rule/s.
18.2 The actions to be taken and the penalties to be imposed for breaches or contraventions
of the Rules shall be entirely at the discretion of the Rules Committee, who shall take due
regard of the nature, circumstances and severity of each misdemeanor, breach or non-
compliance.
18.3 Should any Member be aggrieved by any decision made by the Rules Committee they
may, within 7 days of the finding, lodge an appeal to the Board of Directors, giving their
reasons for such an appeal.
18.4 As a guide only, the amount of the fines which might be imposed will, at the Board’s
discretion, vary broadly between the general scale listed below:
Offence First Offence Second Offence
Technical breach of R250 – R10 000. R1 500 – R15 000
rule without malice or
premeditated intent or
due consideration
Blatant disregard of R2 500 – R25 000 R 5 000 – R50 000
Rules or of legitimate
instructions:
The amount of fines is subject to amendment or review by the EHOA in its discretion.
18.5 Fines imposed shall be deemed to be part of the levy due by the Member.
Euphoria Home Owners Association Rules.
Approved 14 July 2018.
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