RESORT RULES OF SKUITBAAI GHOLFPARK INWONERSVEREINGING NPC(SILVERLEAF HOMEOWNERS ASSOCIATION NPC) a NON-PROFIT COMPANY WITH MEMBERS  REGISTRATION NUMBER:  2004/028367/08          

1.1 In these Resort Rules, unless the context clearly indicates a contrary intention, the following words and expressions have the meaning assigned to them and related expressions have corresponding meanings:  

1.1.1 “Deed of Incorporation” means the deed of incorporation of the Company, as amended from time to time;

1.1.2 “Architectural Guidelines” means the general and specific architectural guidelines of the Resort, as amended from time to time by the Board in consultation with the Consulting Architects;

1.1.3 "Services" means such services and amenities, including, but not limited to, water, electricity, sewage and garbage removal, as are provided to Residents by or on behalf of the Company;

1.1.4 "Service providers" means service providers, including house staff, labourers, contractors and/or sub-contractors employed by, or appointed by, a Resident and/or the Company;

1.1.5 "Board" means the board of Directors from time to time of the Company and "Director" means a member of the Board;

1.1.6 "Facilities" means any facilities or amenities of whatever nature that are erected on the Common Property;

1.1.7 "Common Property" means those parts of the Resort which are registered in the name of the Company and which are not subject to an exclusive right of use by a Resident;

1.1.8 “Residents” means the persons living in or at a Premises and consequently includes Members, their households and family members living in or at a Member's Premises and Permanent Tenants, and “Resident” means, as appropriate of the coherence, any of them;

1.1.9 “Consulting Architects” means the architects recommended by the Board and appointed as such by the Company from time to time;

1.1.10 "Member" means any natural person or legal entity, admitted as a member of the Company in terms of the provisions of the Deed of Incorporation and which Member is the registered owner of a Premises; and "Membership" has a corresponding meaning;

1.1.11 "Company" means Silverleaf Homeowners Association NPC, being a non-profit company as mentioned in the Deed of Incorporation, duly incorporated under registration number 2004/028367/08;

1.1.12 "Resort" means all the Premises and the Common Property which form part of the land and area consisting of various parts of Portion 224 of the farm Eerste Rivier No. 626, Kou-Kamma Municipality, Humansdorp Division, Eastern Cape Province and known as the Silverleaf Holiday Resort;

1.1.13 "Rules" means the rules contemplated in clause 38 of the Deed of Incorporation and contained in this document and as amended from time to time;

1.1.14 "Permanent Tenant" means a tenant who rents a Premises with the consent of the Member and Board of Directors for a period of 6 (six) months or longer;

1.1.15 "Premises" means immovable property of whatever nature in the Resort, including an erf, site, stand or portion registered in the Deeds Office in the name of a Member and specifically excludes the Common Property; and "Premises" has a corresponding meaning;

1.1.16 "Local Authority" means the Kou-Kamma Municipality or any other statutory local authority having jurisdiction in respect of the Resort;

1.1.17 "Vehicle" means any means of transport, whether self-propelled or powered by a machine, electricity or otherwise and includes a trailer, boat and caravan;

1.1.18 “Act” means the Companies Act, No. 71 of 2008, as amended from time to time and includes all appendices and regulations to such Act.1.2 In these Resort Rules, unless the context clearly indicates otherwise:

1.2.1 words and expressions defined in the Deed of Incorporation and which are not defined herein have the meanings given to them in the Deed of Incorporation;

1.2.2 headings are inserted for convenience and are not used in the layout of the Resort Rules;1.2.3 includes an expression that:1.2.3.1 indicates one gender, including the other genders;

1.2.3.2 indicates a natural person, including a legal person, and vice versa;

1.2.3.3 indicates the singular, also the plural, and vice versa.

1.2.4 if the date for compliance with any obligation in terms of these Resort Rules is a day that is not a business day, then (unless otherwise determined), the date for compliance with the obligation is the immediately following business day;

1.2.5 any words or expressions defined in any clause, unless the use of any such word or expression is limited to that clause, have that meaning throughout these Resort Rules; and

1.2.6 any reference to a notice is construed as a reference to a written notice, and includes a notice transmitted electronically in the manner and format permitted in terms of the Act.

1.3 Any reference in these Resort Rules to:

1.3.1 “days”, shall be construed as a reference to calendar days unless qualified by the word “business”, in which case a “business day” shall be construed as any day other than a Saturday, Sunday or public holiday as published by the government of the Republic of South Africa from time to time;

1.3.2 "writing" and related words, is interpreted as a reference to legible writing in Afrikaans or English, and includes printing, typewriting, lithography or any other mechanical process, as well as any electronic communication in a manner and format permitted in terms of the Act;1.3.3 "voting right", in respect of a matter on which the Company must decide, is interpreted as the right of a Member to vote in relation to the matter;

1.3.4 "person", is interpreted as a reference to a natural person, a legal person, a trust and a partnership; and

1.3.5 “law”, is construed as a reference to any law of general application and includes the common law and any statute, constitution, order, treaty, regulation, guideline, ordinance, regulation, or any other legislative measure of the government (including local and provincial government) or statutory or regulatory body having the force of law; and a reference to any statutory by-law shall be construed as a reference to that by-law as amended or replaced from time to time.

1.4 The words "include" and "including" mean "include without limitation" and "including without limitation". The use of the words "includes" and "including" followed by a specific example or examples shall not be construed to limit the meaning of the wording that precedes it.

1.5 Unless specifically stated otherwise herein, any number of days prescribed is determined by excluding the first day and including the last day, or where the last day falls on a day that is not a business day, the first subsequent business day.

1.6 Where amounts and/or quantities are referred to in both numbers and in words, and there is a difference between the two, the words take precedence, unless the context indicates a contrary intention.

1.7 Any reference herein to "these Resort Rules" shall be construed as a reference to these Resort Rules as amended from time to time.

1.8 These Resort Rules shall be governed, construed and enforced in accordance with the laws of the Republic of South Africa from time to time. 

2.1 The purpose of these Resort Rules is to regulate the use of the Resort and in particular, the Common Property for the benefit of all the Residents and for the protection and conservation of the fauna and flora in the Resort.

2.2 The Bylaws are not intended to limit the lifestyle of the Residents, but rather to protect the Residents, and bind all the Residents equally.

2.3 Only Members and persons who have the authorization of a Member will have access to the Resort. Each Member is responsible for ensuring, in respect of his Premises and the Common Property, that his household, family members, Service Providers, guests and/or tenants authorized by the Member to live in or at a Member's Premises, follow the rules.

2.4 The Directors enforce these Bylaws on behalf of the Company.

3.1 No action that disturbs or endangers the peace and tranquillity of the Resort, the fauna, flora and landscape of the Resort as well as the Residents is permitted.

3.2 A Resident will not do or cause anything that is disturbing or noisy and will not do or allow anything that may cause a disturbance to other Residents or the wild animals in the Resort. The Directors will determine in their sole discretion whether something is a disturbance or not. In particular, and without limiting the foregoing:

3.2.1 loud music and unnecessary noise are not allowed;

3.2.2 security alarms and exterior lights must comply with applicable regulations and/or guidelines as determined by the Board from time to time;

3.2.3 the use of noisy machinery and power implements in the open (i.e. outside a workshop set up for that purpose) must be avoided as well as outside normal working hours, and such use may only take place occasionally and under exceptional circumstances; and

3.2.4 all repair and construction work, whether carried out by a Service Provider or by the Member, must be done during the hours laid down by the Board, unless prior written permission is given by the Board for repair and construction work to take place outside such hours.

3.3 Noise from vehicles, accessories, implements, domestic animals and/or noise from people, as well as from any other sources that the Board has determined to be excessive and unnecessary, will constitute a disturbance of the peace for the purposes of these Bylaws.

4.1 All waste must be kept in appropriate containers and in areas designated by the Board for removal by the Local Authority, the Company or removal contractors.

4.2 Each Resident is responsible for storing his waste and for placing such waste for removal:

4.2.1 on the days prescribed by the Board or the Local Authority; and

4.2.2 at such areas designated for waste removal by the Board or the Local Authority.4.3 The Board may, from time to time, by way of written notice to all Residents:

4.3.1 prescribe the type and size of the waste containers to be used;

4.3.2 provide guidelines in respect of any place designated for waste removal.

4.4 If the Board is of the opinion that any waste is of such a nature and quantity that it cannot be quickly removed by the Local Authority, the Company or waste removal contractors, then the Board may for the Resident who wishes to dispose of such waste,  lay down such guidelines for removal as the Board may deem fit

5.1 Unless the Board gives prior written permission, only a maximum of 2 (two) domestic animals, which pose no danger, may be kept on a Premises, subject to the following provisions:

5.1.1 the Resident of the Premises where any domestic animal is kept shall at all times, and at his own expense:

5.1.1.1 ensure that the relevant Premises are kept clean and tidy;

5.1.1.2 ensure that such domestic animal poses no danger to, or is treated in a way that causes them to pose a danger to, any other Resident or other person in the Resort;

5.1.1.3 ensure that each such domestic animal, so long as it is kept in, at or on such Premises:

5.1.1.3.1 be properly conducted; and

5.1.1.3.2 be kept in a clean and healthy condition,provided further that the Board shall have the power, but not the obligation, to look after any of the foregoing matters on behalf of the relevant Resident, and to recover the costs incurred by the Company in this connection, from such Resident.

5.2 All domestic animals kept at a Premises must at all times wear a collar showing the name and telephone number of the relevant Resident.

5.3 No wild animals, reptiles or similar animals may be kept by a Resident on a Premises.

5.4 If any animals are brought to the Resort or found in the Resort contrary to these Resort Rules, or if any animal causes a nuisance, the Board will be entitled (without limiting the foregoing) to:

5.4.1 require the Resident concerned or owner to remove the animal from the Resort; and/or

5.4.2 remove the relevant animal from the Resort himself and recover the costs thus incurred from the Resident or owner.

5.5 All domestic animals kept on a Premises must be kept in suitable, fenced areas, and must be prevented from wandering away from the relevant Resident's Premises.

5.6 Pets will not be allowed on the Common Property unless under strict control and on a leash. If any domestic animal digs holes and/or otherwise damages the Common Property, the Member will be liable for the damage. The Board shall be entitled to repair such damage and to recover from the Resident and/or Member all costs and expenses incurred by the Company in respect of such repair, including the costs of any Service Provider contracted by the Company for this purpose. 

6.1 A resident:

6.1.1 may not do anything that may harm the safety of any other Resident; and

6.1.2 must report all incidents affecting safety to a Director.

6.2 Vehicles and persons may only enter or leave the Resort at the entrance gates.

6.3 Visitors to the Resort must sign the prescribed entry document and disclaimer and declare that they will abide by all rules applicable to the Resort, including these Resort Rules, to the extent that they apply to them.

6.4 Vehicles may only enter the Resort if they have been permitted by the guard on duty, except in cases where the Company has issued to Members, at the Members' expense, an access control implement and/or code which enables the Resident to open and close the gate himself. Only the person to whom the implement and/or code was issued and his household may use it and may not share it with, or transfer it to, another person.

6.5 All Residents, as the case may be, will inform the guard on duty at the entrance gate of the identity and expected time of arrival of any person who must be admitted to the Resort as an invitee of the Resident concerned. If the relevant guard has not been informed in this way, the guard is entitled (but not obliged) to try to obtain the consent of the relevant Resident in order to allow the relevant person into the Resort. If the guard has not been so informed or has thus obtained permission, the guard may refuse the person concerned access to the Resort.

6.6 Visitors or guests of a Resident who do not report to  the entrance gate and/or guard on duty will be considered trespassers and dealt with accordingly.

6.7 Residents who are visited are responsible for the actions and behaviour of their visitors and will ensure that such visitors comply with the Visitor Rules.

6.8 The Board reserves the right of access to the Resort and may on reasonable grounds refuse any person, except a Member, access to the Resort.

6.9 Hawkers, collectors and agents must obtain written permission from the Board before gaining access to the Resort.

6.10 If any guest, tenant, Service Provider or other invitee of any Resident fails to comply with the Resort Rules, the Board may refuse access for that guest, tenant, Service Provider or other invitee to the Resort or order such person to leave the Resort immediately.

6.11 The Board may at any time, in addition to the rules contained herein, lay down further Rules regarding the safety of the Resort and the Residents.

7.1 Service providers must comply with these Resort Rules and the Deed of Incorporation to the extent that it applies to them.

7.2 Unless prior permission has been obtained from the Board, Service Providers may not be allowed in the Resort at the following times:

7.2.1 Sundays and public holidays;

7.2.2 Before 07h00 and after 18h00 on weekdays; or

7.2.3 Before 07h00 and after 15h00 on Saturdays.7.3 Residents must apply to the Board for permission to allow a Service Provider to sleep or live on the Resort.

7.4 Service providers who do not live in the Resort must sign the prescribed access document at the service desk at the entrance gate. Residents must inform the guards about the identity and expected time of arrival and departure of any of their Service Providers who must be allowed onto a Resident's Premises.

7.5 If the relevant guard has not been so informed, the guard is entitled (but not obliged) to try to obtain the consent of the relevant Resident in order to allow the relevant Service Provider into the Resort. If such consent is not obtained, the guard may deny the Service Provider access to the Resort. 

8.1 The movement and control of traffic and pedestrians is subject to these Bylaws and such further guidelines as the Board may lay down in relation thereto

.8.2 Vehicles may only be driven on roads and driveways and may only be driven by a person who holds a valid driver's license for such vehicle.

8.3 The maximum speed of 30 km/h within the Resort must be maintained and the Board may introduce lower speed restrictions in areas where it is deemed necessary.

8.4 Persons and animals will at all times have the right of way in the Resort.

8.5 No person may drive a vehicle within the Resort in such a way that it constitutes a breach of a traffic ordinance. All vehicles in the Resort must be in good and roadworthy condition.

8.6 The Board reserves the right to introduce, at its discretion, any measures that control the flow of traffic from time to time, including (without limitation) speed bumps and pedestrian crossings.

8.7 Vehicles may only be parked or left unattended in parking areas on the Common Property designated for such purpose by the Board from time to time. No Vehicle may be stored on the Common Property or left unattended overnight.

8.8 Vehicles at a Premises may only be parked or left unattended in the driveway, parking area or garage of such Premises and must be stored in the garage of such Premises if the Resident is absent from the Premises.

8.9 Caravans may only be brought into the Resort with the permission of the Board and subject to such conditions as the Board may lay down. However, no person may spend the night in a caravan or tent.

9.1 The Board controls all aspects regarding the environment in and at the Resort, including (without limitation) the management and control of the fauna and flora on the Common Property.

9.2 No one may do or permit anything which, in the opinion of the Board, may have a detrimental effect on the environment or may interfere with the use and enjoyment of the Common Property by the Residents.

9.3 Littering and camping in the Resort are prohibited.

9.4 Fires may not be lit:

9.4.1 not in, on or at the Common Property, except in such areas and fire places designated or installed for that purpose by the Board; or

9.4.2 not in, on or at a Premises, except in a fire place built for this purpose, or in a manufactured braai including (without limitation) a Weber braai.

9.5 Persons may not:

9.5.1 undertake gardening or landscaping work on the Common Property;

9.5.2 without the prior written consent of the Board, plant any plants on the Common Property; or

9.5.3  plant alien plants in the Resort and must strive for plants that are planted to fit in with the environment.

9.6 Persons may not operate a business from a Premises.

9.7 The Board may prohibit or restrict access to any part of the Common Property in order to protect the natural fauna and flora.

9.8 Persons may not fire any firearm, air rifle, crossbow or other similar weapon or device in the Resort, unless it is in self-defence.

9.9 Hunting, setting traps and fireworks are prohibited.

9.10 Persons may not disturb, injure or kill any animal anywhere in the Resort. 

The Company controls access to and use of the Facilities. The Board may charge fees to Residents for the use of the Facilities by such Residents, guests, tenants or other invitees who are authorized to use the Facilities, subject to the provision that no Service Provider shall be authorized to use the Facilities. 

12.1 A premises may only be rented out with the prior written consent of the Board of Directors, which permission the Board of Directors may refuse or grant in its sole and unlimited discretion.

12.2 A Member may only sell or dispose of his Premises, or his right, title and interest therein, in accordance with the Deed of Incorporation.

12.3 If the Board of Directors consents to the letting of a Premises, or the Member wishes to sell his Premises, then the following provisions apply:

12.3.1 A Member who intends to rent out his Premises, or his agent, must provide the tenant with a copy of these Resort Rules;

12.3.2 all the Resort Rules that apply to a Member will automatically apply to any tenant of such Member and/or the buyer of the relevant Premises.

12.4 Members may only sell or rent out a Premises through a real estate agent approved by the Board of Directors, which real estate agent will be required to comply with the Resort Rules and guidelines relating to advertising, access to the Resort, the holding of show houses and similar matters which the Board of Directors may reasonably establish from time to time. Any agent who fails to comply with such Rules or guidelines may be refused entry to the Resort.

13.1 Laundry of any kind (including and without limitation clothes and household linen) may only be hung to dry in places on a Premises that specifically provide for it.

13.2 Swimming in, fishing at, and any other form of access to, any pond located in the Resort is prohibited.

 14.1 The Board regulates all commercial activity in the Resort.  No application for any trade or similar license may be made for any commercial activity of any kind on or from any Premises.

14.2 No advertising boards or signs, including business signs of any kind, may be exhibited in or at the Resort without the Board's prior written consent.

14.3 Door-to-door recruitment and/or sales is prohibited.

15.1 The Deed of Establishment, Architectural Guidelines and Bylaws, which relates to the construction and/or improvements of buildings and structures on a Premises, must be strictly observed.

15.2 Without prejudice to the general purpose of

15.1, a building or structure may only be erected in the Resort if:

15.2.1 the sketch plan submission requirements established from time to time by the Board in consultation with the Consulting Architects have been met; and

15.2.2 its plans, specifications and construction conform to the Architectural Guidelines.

15.3 The Board may order a Member to maintain a Premises if the Board deems such maintenance necessary.

15.4 If a dispute arises in respect of the Architectural Guidelines, including (without limitation) their application and/or interpretation, the Consulting Architects' decision in respect of such dispute shall be final and binding on the parties to the dispute, and , if necessary, the Consulting Architects may, where such guidelines, in the sole discretion of the Consulting Architects, fall short or are vague, make the necessary modifications.

15.5 Every building contractor must comply with the Bylaws, the Architectural Guidelines and any other guidelines laid down by the Board from time to time regulating the conduct of building contractors, and must sign such written undertakings as determined by the Board in relation thereto if so required by the Board of Directors. Building contractors may only undertake building work in the Resort when the undertakings referred to in this clause have been given.

15.6 Any building contractor who fails to sign any such prescribed undertaking and/or fails to comply with its provisions may be refused entry to the Resort.

15.7 Residents may only make changes, additions or extensions to the outside of a Premises if they comply with 15.2.

15.8 Persons may only occupy a Premises or part of it if they have obtained prior written approval and confirmation from the Board that it is substantially completed and capable of final completion within 30 (thirty) days from the date of occupation. In order to obtain such approval, at least the following must be met:

15.8.1 all structures, including all external work, must be completed in full accordance with the building plans approved by the Local Authority;

15.8.2 all structures must be painted to the satisfaction of the Board;

15.8.3 the construction debris and waste must be removed from the construction site.

15.9 No unauthorized persons are allowed on any Premises where construction is in progress. 

16.1 No one may bring or store in the Resort any substances that pose a threat to the health of any Resident, fauna or flora, or that may contaminate the Resort.

16.2 Fireworks are strictly prohibited. 

17.1 The Company will take all reasonable steps to establish and maintain an adequate supply of electricity to the Premises, but does not guarantee that it will always be maintained.

17.2 The Company is not liable for any damage, expense or cost that Residents may incur as a result of any interruption, change in load, change in frequency, or any stoppage of the electricity supply in the Resort.

17.3 No refund will be made in respect of the wastage of electricity as a result of a leak or other fault in the electrical installation.

17.4 No one may for any reason or in any manner whatsoever tamper with or interfere with any meter, service connection, mechanisms for service protection, or mains supply.

17.5 Only a qualified electrician with specific, written authorization from the Board may, directly or indirectly, connect an electrical installation to, or attempt to connect an electrical installation to, the main supply or service connection.

17.6 The Board may, without notice, temporarily release any Premises to carry out tests or repairs, or for any other legitimate purpose.

17.7 Members pay for electricity on a "pay-as-you-use" basis. Electric meters are therefore installed in each Premises at a cost determined from time to time by the Board. The Board will determine from time to time the procedure, costs and all other aspects of the electrical system used in the Resort and make it known to Residents.

18.1 Rainwater may be collected, provided the design of the method is permitted by the Architectural Guidelines, and has been approved by the Board.

18.2 The Company will take all reasonable steps to achieve and maintain an adequate supply of water to Residents, but does not guarantee that such supply will always be maintained.

18.3 The Company is not liable for any damage, expense or cost that Residents may incur as a result of:

18.3.1 any interruption or any cessation of the water supply to Residents; or

18.3.2 floods or a surplus of storm water.

19.1 The Board:

19.1.1 will, at its discretion, investigate written complaints received from Residents regarding the actions and/or behaviour of other Residents as well as other persons in the Resort, including Service Providers, guests and tenants and other invitees;

19.1.2 may, on its own initiative, investigate the actions of any person or persons, regardless of whether a complaint has been received or not; and

19.1.3 shall, at its discretion, take action in relation to such investigations.

19.2 The Board may by enforcing any of the Bylaws:

19.2.1 give notice to the relevant Resident, Service Provider and/or person and require him to rectify any infringement immediately or within a period as determined by the Board;

19.2.2 take such steps as it deems necessary to rectify the breach of the  Resort Rule of which the Resident, Service Provider and/or person is guilty, and recover the costs associated with such steps from, and debit against the account of the relevant Resident, Service Provider and/or person which amount will be deemed to be an amount owed by the relevant Resident, Service Provider and/or person to the Company;19.2.3 introduce a system of fines or other penalties; and

19.2.4 take such steps, including legal steps, as the Board deems fit.

19.3 In the event that the Company institutes any legal proceedings against any Resident, Service Provider and/or person of the Resort for the enforcement of the Rules, the Company shall be entitled to recover any legal costs incurred from the Resident, Service Provider and/or person involved on the scale of attorney-and-client.

19.4 If any of the Resort Rules are breached by any Resident, Service Provider and/or person or for whom a Resident, Service Provider and/or person has given access to the Resort, such breach will be considered by the relevant Resident, Service Provider and/or person personally committed, without prejudice to the Board's right to take such steps against the person who actually committed the offense as they may see fit in their sole discretion.

19.5 If a Resident, Service Provider and/or person disputes that he has breached a Bylaw, the Board may appoint a committee or person to deal with the matter at such time and in such manner and according to such procedure (provided that natural justice  is followed) as determined by the Board, will settle.

19.6 Any fine imposed on a Resident, Service Provider and/or person will be deemed to be owed by the Resident, Service Provider and/or person to the Company and will be enforceable through the usual civil process.

19.7 Notwithstanding anything to the contrary contained in these Bylaws, the Board of Directors may, in the name of the Company, enforce any Bylaws by civil application or action in a court of competent jurisdiction, and for this purpose appoint such legal professionals as they may deem fit. 

The Board or the Members in a Members' Meeting may authorize the Company to, by means of a written agreement, employ a person or persons to manage the Resort and to exercise such powers and obligations as the Board delegates to such person /persons. 

21.1 A site may only be used as a residential dwelling.

21.2 The Member must ensure that all persons who, from time to time, live in or at such Member's Premises, and such Member's Service Providers, tenants, guests and/or invitees are aware of the provisions of the Deed of Incorporation and all rules relating to the Resort, including these Resort Rules, to the extent that such provisions apply to them.

21.3 The Company may, in a Members' Meeting, revoke or amend any Rules of Procedure laid down by the Board of Directors.

21.4 If there is any inconsistency between the Deed of Incorporation and these Resort Rules, the Deed of Incorporation will prevail.