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Page 1 of 24 HOME OWNERS HANDBOOK & ESTATE RULES Issue No. Seventh Edition – October 2011 Reference No: Erf No: Owner Signature: Date:
Page 1 of 24
HOME OWNERS HANDBOOK
&
ESTATE RULES
Issue No. Seventh Edition – October 2011
Reference No: Erf No:
Owner Signature:
Date:
Page 2 of 24
INTRODUCTION:
One of the main objectives of the development of Diemersfontein Wine and Country Estate is
the provision and maintenance of a high quality lifestyle for Owners, based upon the
preservation of the natural beauty and resources of the Estate.
The intention of the Trustees in drafting the Owners handbook is to protect this lifestyle and
environment. The Estate rules have been established in terms of the Constitution of the
Diemersfontein Homeowners Association and are annexed thereto. They are binding upon all
Estate owners as is any decision taken by the Trustees in interpreting these rules.
The registered owners of properties are responsible for ensuring that members of their families,
tenants, visitors, friends and all their employees abide by these rules.
IT IS IMPORTANT FOR A BASIC UNDERSTANDING OF THE OPERATION OF THE ESTATE, THAT EVERY
OWNER IS THOROUGHLY FAMILIAR WITH ALL THE INFORMATION CONTAINED IN THIS HANDBOOK
This HANDBOOK is issued by the Diemersfontein Home Owners Association [DHOA] to each
registered Owner.
In the first instance it is issued free. Additional copies of this handbook may be obtained from the
DHOA for the payment of a fee.
Page 3 of 24
CONTACT NUMBERS
CONTACT TELEPHONE FAX EMAIL ADDRESS
DIEMERSFONTEIN WINE & COUNTRY
ESTATE
P O BOX 41,
WELLINGTON 7654.
SOUTH AFRICA
+2721864
5050
+2721864
2095
www.diemersfontein.co.za
WINEMAKER –Brett Rightford +2721864
5050
+2721864
2095
MARKETING MANAGER – +2721864
5050
+2721864
2095
WINE SHOP SALES +2721864
5050
+2721864
2095
GUESTHOUSE MANAGER +2721873
2671
+2721873
4526
PROPERTY SALES CENTRE
Dawn Arendse
+2721864
5050
083 316 0858
+2721864
5092
HORSERIDING – KATRIN STEYTLER 021 873 1241
082 335 8132
+2721864
2095
FISHING CLUB O21 872 0516
BIRDWATCHING 021 872 4972
WATER DEPARTMENT 021 873 1121
ELECTRICITY 021 873 1121
ESKOM 021 873 1121
SEWERAGE DEPARTMENT 021 873 1121
ESTATE SECURITY 021 864 5050
S A POLICE
FLYING SQUAD
FIRE
AMBULANCE
DRAKENSTEIN MUNICIPALITY
BERG RIVER BOULEVARD
PAARL, SOUTH AFRICA
P O BOX 1, PAARL 7622
+2721
8074500
+27218728054 [email protected]
ESTATE MANAGER Freddie Steytler +27218645050
084 458 7701
+27218642095 [email protected]
Page 4 of 24
The Diemersfontein Wine and Country Estate consists of:-
• The Farm [Vineyards] }
}Assets of Diemersfontein Wines
• The Winery and Wine Court }
• The Guest House and Conference Facility and amenity areas.
The Residential Estate - The Hills, The Valley, The Village
• The Equestrian Centre
The entire property is secured by electrified perimeter fencing with 24 hour controlled
access/egress and guard patrols. The complete security system and controls has been installed
and is operational.
All facilities within the Estate are accessible for the enjoyment of Estate owners subject to the
compliance with the operating procedures of each business entity and/or the Estate and local
municipality rules.
The structure of the entities within the Estate is illustrated on the opposite page.
THE DEVELOPER
The developer comprises two companies, namely Diemersfontein Properties (Pty) Ltd and
Diemersfontein Village (Pty) Ltd. Diemersfontein Properties is the property subsidiary of
Diemersfontein Investments, which is the developer of all the sites with the exclusion of The
Village, which is being developed by Diemersfontein Village (Pty) Ltd, a consortium, which
includes two UK investors and Diemersfontein Properties (Pty) Ltd.
The farm Diemersfontein is owned by David and Susan Sonnenberg whose family have lived on
the farm for three generations. The farm has been cultivated since the 1700’s but initially it was a
dairy farm. In the mid 1900’s export fruit and grapes for cooperative production became an
integral part of the agricultural activity. The completion of the cellar in 2001 saw nearly 300
years of farming coming to fruition with the establishment of Diemersfontein’s own wine label,
which has won awards each year since its 1st vintage.
Page 5 of 24
The developer is entirely responsible for the design, infrastructural development, [roads, fencing
services etc.] the sale of land and the aesthetic theme of properties constructed and sold on
the Estate. The development of a residential element within the Estate completes the realisation
of their vision. In developing Diemersfontein Wine and Country Estate, the Developer’s objective
is to create both a secure living environment of enduring quality and excellence, and a
development which residents and all stakeholders will continuously aspire to be a part of.
The developer controls all the buildings and gardens and has appointed control panels of
selected contractors [architects, building contractors and landscapers] approved as suitable to
work on the estate. Assistance with all aspects of design, building, choice of materials is
available. It should be noted that owners agree to comply with these design controls when they
sign their contract of sale. Diemersfontein Village has its own design controls which are in
sympathy with these controls.
A Sales Centre, situated next to the Wine Court is maintained to serve the sales service needs of
all clients. The Developer is responsible for mandating the estate agency who will sell properties
within the estate. The nominated agency is required to provide professional sales consultant/s
who are exclusively dedicated to selling the estate properties. The sales consultants are
required to assist the owner not only with his property purchase but to provide an on-going client
service whenever it is required. The Developer practises and encourages full cooperation with
the DHOA and all other business operations which function inside the estate.
DIEMERSFONTEIN FARMS (Pty) Ltd is the owner of all the agricultural land. It also leases back the
vineyard component on the wine vineyard smallholdings for a [renewable] period of 25 years. It
is therefore responsible for all costs in relation to the agricultural activity on the site.
DIEMERSFONTEIN WINES (Pty) Ltd controls the wine cellar operation, the wine tasting area, wine
shop and the restaurant.
DIEMERSFONTEIN COUNTRY HOUSE (Pty) Ltd operates the guest house, conference/function
facility, and the restaurant.
THE EQUESTRIAN CENTRE
The superb on site horse riding and trail facilities are privately operated by Fynbos Trails.
Page 6 of 24
RULES OF THE ASSOCIATION
HOUSE RULES MADE IN TERMS OF THE CONSTITUTION OF
THE DIEMERSFONTEIN HOMEOWNERS ASSOCIATION
INTRODUCTION
Living on our Estate is being part of an exclusive community of families who share a secure and
special lifestyle. The objective of the House Rules is to protect this harmonious lifestyle for the
community through an acceptable code by which members may live together without
interfering with others’ enjoyment, to the benefit of us all.
In the event of differences or annoyances, the parties involved should attempt as far as possible
to settle the matter between themselves with respect, tolerance and consideration.
The Trustees of your Association, elected in terms of the Constitution, are given the task of
making rules for the management, control, administration, use and enjoyment on the Estate.
The Trustees have the power to substitute, add to, amend or repeal any rules.
Please see these rules as neither restrictive nor punitive, but rather as a judicious framework to
safeguard and promote appropriate, sensible and fair interaction between everyone.
The Trustees do have the right to impose financial penalties to be paid by those members who
fail to comply with the rules. Fines, if reluctantly they have to be imposed, shall be deemed to
be part of the levy due by the Member. Whilst it is hoped that it will never be necessary, the
Trustees may enforce the provisions of any rule by application to the courts.
The Trustees are very willing to consider any constructive suggestions for reasonable additions,
omissions or amendments to these house rules. Such suggestions should be submitted in writing
to the Estate Manager.
DEFINITIONS, INTERPRETATIONS AND DELEGATION
In these House Rules, unless it appears to the contrary, either expressly or by necessary
implication, the words and expressions shall have the same meaning as those defined in the
Diemersfontein Homeowners Constitution. Any person who breaches or fails to comply with any
provision of these House Rules or any conditions imposed or directions given in terms thereof,
shall be liable for the payment of the relevant penalties which may be instituted by the
Association. The Association’s Trustees may delegate their powers to the Estate Manager or to a
nominated Managing Agent.
Page 7 of 24
FOR EASE OF REFERENCE THESE CONDUCT RULES
ARE LISTED IN ALPHABETICAL ORDER
1 ABUSE
1.1 Should a member believe he has been the recipient of unreasonable behaviour from any
person employed in the Estate operation they are requested to report the matter to the
Association in order that this matter can be resolved correctly.
1.2 Whilst it may be frustrating for a member to have to wait at the entrance gate whilst the
security guard is carrying out his duties with a visitor in the car in front of you, PLEASE BE
PATIENT and remain polite to the guards. The guards are given procedures to follow and
are not allowed to deviate from their instructions.
1.3 Any member who causes damage to the vineyards, open areas or estate facilities will be
required to pay for the repair of such abuse or damage together with a fine of no less
than R100 to a maximum of R10 000 or such amount as determined by the Board from
time to time dependent upon the severity of the offence.
2 ACCESS CARDS
2.1 All members and their families who permanently reside within the property, are required to
each have a security access card.
2.2 Members are eligible for an access card from the date on which the property is
transferred into their name.
2.3 Guests of owners and tenants are required to have temporary access cards
2.4 Access cards are issued at the Estate Management Office.
2.5 The first issue of the member’s cards is free, but guests and tenants will be levied a charge.
2.6 A charge will be made for the subsequent issue of cards in the event that these are lost or
damaged.
2.7 PLEASE REPORT A LOST OR STOLEN CARD immediately to the Estate Management office in
order that such card may be cancelled from the computer records.
2.8 A domestic employee working on the Member’s property must also be in possession of a
security access card. Refer DOMESTIC EMPLOYEES for further details.
3 AESTHETICS-General
3.1 The spatial arrangement of the dwellings at Diemersfontein will reflect the traditional
concepts of Cape Venacular. All buildings will be designed and positioned in such a way
that they become an integral part of the natural landscape and vineyards of the Estate.
3.2 The Estate is enhanced by common property consisting of open areas, dams, ponds,
water features, community facilities, roads and infrastructural services.
Page 8 of 24
3.3 The perimeter of the farm is enclosed with electrified perimeter fencing with controlled
access.
3.4 The development site plan which is signed with the sale documentation illustrates both the
current and planned future property development areas of the estate.
3.5 The residential estate is run by the Diemersfontein Wine and Country Estate Homeowners
Association [DHOA]. Purchasers [property owners] are obligatory members of the
Association.
4 AESTHETICS-Architectural language
4.1 In order to procure compliance with the general nature and amenity of the Estate
obviously some form of pattern and order, based upon the overall plan, has to be
observed in order to maintain the desired style and ambience of our unique Estate.
4.2 The Architectural Design, Garden Landscaping controls and Environmental Management
plan [which are signed by the member as an annexure to the contract of sale] are used
to ensure that the Estate is developed in the best possible way by ensuring certain
parameters within which all members must conform.
4.3 It is the members’ responsibility to check with the Association they are in possession of the
current edition of these controls before commencing with any development and/ or
extension within the boundaries of their property.
4.4 To this end, approved control schedules are published covering the following:-
5 AESTHETICS-Dwellings
5.1 Prior to the commencement of house design, the Project/Estate Manager should be
consulted for advice regarding the various required procedures.
5.2 Prior to the commencement of any earthworks or construction work, proposed plans are
required to be submitted to the Association’s Architectural Review committee. Thereafter,
[subject to the plan approval] the plans have to be submitted for official approval to the
local authority.
5.3 Every alteration to a building, attachment to a building [plaques, awnings, air conditioning
units etc] erection of or alteration to fencing/garden walls etc, must also have prior written
permission from the DHOA.
5.4 These controls are necessary to ensure that the amenity of the Estate is maintained at all
times and that neighbours and others are not inconvenienced or compromised.
5.5 These controls ensure all owners “Safety of Investment”
6 AESTHETICS-Approval of plans
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6.1 All house design and garden layout plans are to be submitted to and approved by the
Association’s Architectural Review Committee before being forwarded to the Drakenstein
Municipality for approval. No member may commence the primary construction of their
home or further additions/extensions until all the relevant permissions have been granted.
7 ADVERTISING
7.1 Posters or promotional material of any nature may not be erected either within the
boundaries of the members property or the Estate.
8 AERIALS
8.1 Includes television, satellite, radio and any other type of aerial to be erected within the
boundaries of the property. Refer ADG for further details.
9 AIRCONDITIONERS AND PLANT
9.1 Noise level must be controlled within specified limits.
10 ASSOCIATION
10.1 The Diemersfontein Home Owners [Estate Management] Association [DHOA] is an
association of all purchasers [i.e. estate homeowners] to which is assigned the job of
managing and running the Estate to the benefit of all. It is YOUR association. It is a legally
registered association having no share capital – i.e. it is a body corporate established in
terms of Section 29 the Land Use Planning Ordinance No. 15 of 1985 more fully described
in Clause 2 of the Constitution.
10.2 The Association is legally bound by the registered Articles of Association [its constitution]
which lays down all definitions, procedures and regulations. The full Articles of Association
are available for viewing at the management offices and copies are available at a
nominal charge.
11 ASSOCIATION-Membership
11.1 With the purchase of a property [i.e. an unimproved or improved property] goes
obligatory membership of the Association which in turn confers one voting right. (It should
be noted that it is the initial “membership” that bestows the single vote and not the
number of properties purchased).
11.2 Multiple ownerships [joint ownership, trusts, close corporations, companies, syndicates, etc]
are required to nominate one party only as ‘the member’.
11.3 Owners may NOT resign their membership for the duration of their ownership of property
on the Diemersfontein Wine and Country Estate.
12 ASSOCIATION-Management
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12.1 The Associations is run by the members.
12.2 Being a registered company, the Trustees are elected by the members at the annual
general meeting.
12.3 The prescribed business of the Association, through the Trustees, is to:
12.4 Control, manage and administer the Estate and to maintain the common property.
12.5 In furtherance of this the Board may:
12.5.1 Hire, contract or assign officials or firms to carry out services
12.5.2 Raise funds, to accomplish their duties, by way of levies.
12.5.3 Appoint individuals or committees as required for advice and assistance.
12.5.4 Make rules to regulate the conduct of members to the benefit of all and impose
financial penalties for non-compliance.
12.6 The Board’s aim is to establish, nurture and maintain a culture of a cooperative, happy
and unique quality lifestyle on the Estate, whilst properly and efficiently running the day to
day functions and maintaining and improving the value of the property as a whole.
12.7 To support these objectives the Board appoints Committees, normally with residents as
members to facilitate on matters regarding the running of the Estate and to receive and
recommend on suggestions, requests or any potential or perceived problems.
12.8 The Board sets the policy and appoints staff to carry out that policy and to directly attend
to the day to day running of the Estate in conjunction with the Wine Company and
Hospitality operations.
12.9 During the formative years of the Estate [ie: the Development Period] the Constitution
requires the Trustees to consist of not more than five members, which will consist of three
persons appointed by the Developer and two members by the Estate Owners.
12.10 The two Trustees appointed by the Developer to the Board shall be Chairman and Vice
Chairman of the Board. The Development Period is defined in clause 1.1.14 of the
Constitution.
12.11 Subsequent to the Development Period the number of Directors and election thereof shall
be decided by the members at the Annual General Meeting. In addition to this, the
retiring board shall be entitled, at its discretion, to nominate two of its members to serve as
continuity directors on the incoming board for the ensuing year. Subsequent to the
Development Period the Developer shall be entitled, at his discretion, to annually appoint
one Director of his choice to the Board.
13 AWNINGS
13.1 Refer to the ADG for guidance.
14 BICYCLES
14.1 Non motorised bicycles may be ridden on the Estate roads and marked cycle trails. It is
not permitted to ride any form of private vehicle through the vineyards.
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15 BIRDS
15.1 Written Permission must be obtained from the Association for the keeping of caged and
non-caged birds on the members’ property. [This is applicable to birds which would not
be kept inside the members dwelling].
16 BOATS
16.1 To be stored within the members’ residential area of their property must not be visible to
either adjoining neighbour’s property or roads.
17 BOATING
17.1 Only non-motorised boats may be used on the Estate lower dams with permission of the
Estate Manager.
18 BOOMS
18.1 It is an offence to tailgate at the gatehouse or internal security booms.
19 BRAAIS
19.1 No braais may be undertaken in any public area within the Estate unless in an area
signposted as specifically designated for this facility.
20 BUSINESS OPERATIONS
20.1 Unless written permission has been granted by the Association, a member’s property may
not be used for business purposes. The Association will consider all business operation
applications based upon criteria of what is in “the best interests of the Estate.”
21 CATS
21.1 Cats are animals which cannot be controlled and contained within the member’s
property and they are not permitted as pets on the Estate, except with prior approval.
22 CAMPING
22.1 Is not permitted anywhere on the Estate.
23 COMPLETION [OCCUPATION] CERTIFICATES
23.1 Prior to occupation and as required by the Association and Drakenstein Municipality a
certificate of completion must be issued by the members Architect/Builder for all
completed dwellings within the Estate.
24 COMPLIANCE WITH HOUSE RULES
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24.1 All members are responsible to ensure that in addition to themselves, all their family
members, visitors [including service providers and others employed by the member]
comply with these rules.
25 CONTRAVENTION OF HOUSE RULES
25.1 The DHOA has the capacity to warn, discipline and or fine any member who is in
contravention of these House Rules.
26 GUEST HOUSE
26.1 Estate owners will be accorded a discounted accommodation rate [subject to room
availability] should they require to accommodate their visitors in the Guest House.
26.2 The Guest House management [subject to availability] will be pleased to arrange
functions for Estate Owners, the cost of which would be individually negotiated between
the parties.
26.3 The facilities of the Guest House, private garden and swimming pool are private.
27 DAMS
27.1 Fishing is only allowed in the Estate dams in conjunction with the rules of the
Diemersfontein Fishing Club.
27.2 Diemersfontein Wines is responsible for all maintenance and repairs to the Estate dams.
28 WENDY HOUSES & SHEDS
28.1 WENDY HOUSES & SHEDS - Permanent structures on members’ property are not permitted.
29 DOGS
29.1 Each residence is permitted to have 2 dogs only after they have installed an induction
cable system around the perimeter of their property or building platform and the dogs
wear the required sensor collar at all times.
29.2 Owners must register their dogs with the Association.
29.3 A numbered disc for each dog will be issued and must be attached to the dog’s collar at
all times.
29.4 The dog/s must be contained within the owner’s property at all times.
29.5 When outside the owner’s property the dog/s must be on a leash at all times.
29.6 In the spirit of good neighbourliness it is desirable for the dog’s owner to remove any
fouling made by the dog on both their property and within the boundaries of the Estate.
29.7 The Association is empowered to institute penalties in the form of fines against owners who
repeatedly transgress these conditions.
30 DOMESTIC REFUSE
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30.1 Each household is required to provide a standard rubbish bin/s placed in a suitable
position, not visible from the street or by adjoining neighbours.
30.2 Refuse is to placed in a wheely bin and will be collected weekly.
30.3 The estate management office will advise the refuse collection day.
30.4 It is not permitted to burn household or garden refuse either within the owner’s property or
on any area of the Estate.
30.5 Where any item of refuse is of such size or nature that it cannot be removed by the Refuse
Removal Service the member must contact the Association who will advise the method by
which such refuse may be removed. All costs incurred for the removal of such refuse will
be for the member’s account.
31 DOMESTIC STAFF
31.1 No domestic employee is permitted to be resident at any time on the members’ property
or on any other area within the Estate.
31.2 Every domestic employee, prior to being engaged to work on the Estate, must be
registered by the member with the Security company at the estate management office
and issued with a proximity disc for access and with an identity card.
31.3 All employees have to be registered for daily access to the Estate and it is the responsibility
of the member to complete the “Domestic & Gardener Registration Form” (available on
the Intranet) and to return this form together with a copy of the relevant ID to the security
manager, otherwise the employee will not be allowed to enter the estate.
31.4 Full details regarding the employee and their ID document will be required in order that
they can be registered for daily access and egress.
31.5 When a domestic worker leaves or is discharged the owner must PLEASE immediately
inform the Association’s office to allow cancellation of the access disc and card.
31.6 Should an owner require to employ the services of a resident nurse for serious medical
reasons either on a temporary or permanent basis, an application must be made to the
Association where this permission will not be unreasonably withheld.
31.7 No domestic worker is allowed to walk on the Estate as of 1 January 2012 and it is the
responsibility of the member to provide transport for the domestic worker to and from the
access gate.
32 OFF ROAD VEHICLES
32.1 Written permission must be obtained from the Association prior to the use of these vehicles
anywhere within the Estate.
33 EQUESTRIAN CENTRE:
33.1 Excellent horse riding and horse trail activities are currently available on the Estate.
33.2 Members are not permitted to undertake any activity with the horses on the property
without the authorisation of the Estate Manager.
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34 ESTATE AGENTS
34.1 During the development period of the Estate, the Developer in consultation with the
Association will nominate the estate agency/ies to sell both first sale and resale properties.
34.2 The resale procedure details are contained in the RESALE clause in Clause 122.2 off the
Constitution.
35 FARM
35.1 The working areas of the farm – which include all the vineyards - are under the control of
Diemersfontein Wines. A Map is available defining these working areas.
36 FARMING PROGRAMME
36.1 Members are not permitted to prevent any farm activity from being implemented at any
time. A copy of the annual farming programme which schedules when specific tasks will
be performed is available at the Estate Management office.
37 FARM ACTIVITIES
37.1 Members may not interfere with any farm activity or give instructions to any farm worker.
37.2 Should a member have a problem with any activity or worker this should be discussed with
the Estate Manager.
38 FENCES
38.1 Refer to the Architectural Design Controls for conditions and types of fencing which may
be constructed.
39 FINES
39.1 The Association has the power to decide upon and impose fines against members who
contravene the House Rules.
40 FIREARMS
40.1 Members who are in possession of firearms which will be housed within their property must
ensure that a licence for such firearms can be produced upon request. The Association
insists that if firearms are left on the Estate, they should be locked in firearm safes.
40.2 It is an offence for a member to discharge a firearm on the Estate other than if this act was
performed in self defence and for the protection of person and/or property.
41 FIRES
41.1 The lighting of open fires anywhere on the Estate is prohibited.
42 FIREWORKS
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42.1 Under no circumstances must fireworks of any nature be let off anywhere on the Estate
unless permission has been granted by the Association.
43 FISHING
43.1 If more than six residents express interest, a Fishing Club will be established to determine
the conditions under which this activity may take place.
44 FLAG POLES
44.1 Written permission for the erection of a flagpole is required.
45 FUNCTIONS
45.1 Whilst members are at liberty to hold private functions at their home these should not
cause nuisance or inconvenience to other residents.
45.2 The Estate Management office must be advised with details of all transient visitors
attending a members function in order that the correct security and parking procedures
are followed
45.3 Members are encouraged to negotiate with the Guest House Manager for the use of the
Guest House conference room for large functions.
46 GARDENS – INSTALLATION
46.1 In order to procure compliance with the amenity of the Estate, approved LANDSCAPING
DESIGN CONTROLS and PLANT LISTS are in place.
46.2 Members must submit a garden landscape layout plan to the Association for approval no
later than three months from date of occupation.
46.3 Weather permitting, new gardens must have been installed within six months of their plan
having been approved.
46.4 Gardens may only be designed and installed by the approved garden landscaper/s.
46.5 The approved contractor installing the member’s garden must maintain same for a six
month growing in period. Members are reminded to ensure that this cost is either included
in their quotation or the monthly amount payable is negotiated and agreed by both
parties prior to the garden being installed.
47 GARDEN MAINTENANCE;
47.1 The Estate is laid out to an environmentally planned and horticulturally designed theme.
47.2 All common area gardens at open spaces, around the gate house,Village front gardens
islands in roadways, sidewalks, water features, dams and at any community facilities are
maintained by the garden contractor at a cost which is included in the levy and paid on
a pro rata basis by estate owners, the vineyard, the wine court and the country house.
Page 16 of 24
47.3 Maintenance by the Association’s garden contractor is obligatory immediately after the
completion of a six month growing-in maintenance period which is carried out by the
garden installation contractor.
47.4 Standard garden maintenance DOES NOT include garden watering. This is extremely
labour intensive and owners [especially if not permanent residents] are encouraged to
install an automatic irrigation system.
47.5 Residents requiring additional services such as pruning and replanting are at liberty to
negotiate and to deal directly with the main contractor [or one of the approved panel of
landscapers] for any once-off or ongoing extras required.
47.6 Estate management will meet daily with the garden contractor’s representative and any
problems or complaints regarding the garden maintenance service should be written on
the form available at the office. This ensures that problems are noted and communicated
promptly for action and resolution.
47.7 Plant lists are attached to the Environmental Management Plan which is signed by all
owners with the sale documents. Copies of this list are available at the office.
47.8 It is NOT PERMITTED to burn garden refuse.
47.9 Soft gardening off cuts/lawn cuttings and other compost-able items should be placed in
plastic bags and collected from the member's property by arrangement with the Estate
Manager. Where possible these will be used on the farms compost heaps.
47.10 Under no circumstances may garden [or household] refuse be put out and left overnight
or over weekends.
48 GARDEN SHEDS
48.1 Members should accommodate storage of garden implements and equipment within the
confines of the permanent structure of their dwelling.
49 GAZEBOS
49.1 Approved Gazebos may be erected, but the positioning requires written approval of the
Trustees.
50 GUESTS and TENANTS
50.1 House guests are defined as non-paying persons who occupy the home of the member
who is also resident during their guests stay or persons who are invited to stay as non-
paying guests in a members home whilst the member is not in residence.
50.2 A tenant is defined as a person who has hired the home, but weekend letting is not
permitted.
50.3 Members are responsible for the conduct of their guests at all times even though the
member may not be in residence during their guests stay.
50.4 It is the responsibility of the member to ensure:
a) The suitability of their prospective tenants
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b) That the Diemersfontein Resident Information Sheet (available on the Intranet) is
completed and returned to the Security Manager, and
c) That the tenant is introduced to the security manager prior to tenancy.
51 GUEST ACCOMMODATION:
51.1 The Diemersfontein Guest House has 18 rooms in which to accommodate overnight guests
on either a bed and breakfast or bed, breakfast and dinner basis.
51.2 The Guest House also handles functions, weddings and conferences. Refer clause 29 for
reservation details.
52 HOUSEHOLD / APPLIANCE REPAIRS:
52.1 General repair of appliances as well as plumbing and electrical installations in a home is
the responsibility of the resident.
52.2 In an effort to assist owners, the Association’s office keeps a list of available repair firms
and contractors who have indicated their willingness to carry out repairs.
52.3 This list is maintained as a service but without obligation or guarantee from the Association.
53 HOUSE NAME AND NUMBER SIGNS
53.1 These must compliment the Estate signage and it is requested that members receive
approval from the Estate Management office prior to erecting any signage on the exterior
of their property.
54 HARMFUL SUBSTANCES
54.1 No harmful substances may be stored on the member’s property. If for some reason it is
necessary for such storage, the Estate management office must be advised in order to
ensure that the conditions of the Estate insurance covers such risk.
55 HELICOPTERS
55.1 There is no formal helipad on the Estate. Please contact the Estate Management office if
this facility is required in exceptional circumstances.
56 HOUSEHOLD REFUSE:
56.1 Information on the specified day/s for refuse collection is available from the Association’s
office. The disposal of garden refuse is dealt with in the rules section of this handbook.
57 INSURANCE:
57.1 Owners are responsible for the insurance of their houses and its contents.
57.2 The Association insures all the common buildings and distributes a schedule to members at
each Annual General Meeting for approval.
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58 LEVIES -The Budget
58.1 The budget of the Association is estimated in advance for each year.
58.2 The Association’s financial year commences on the first day of November of each year
and ends on the last day of October in the subsequent year.
58.3 The budget consists of all items of expenditure likely to be incurred in the control,
management, administration, use and enjoyment of the Estate in general and in particular
of its common property, as well as income other than levies.
58.4 The levy covers the shortfall estimated in clause 58.3.
59 LEVIES -Payment:
59.1 Levies are invoiced in twelve monthly instalments and PAYMENT IS DUE IN ADVANCE by the
1st of the month. Your Board does however allow a period of grace for the receipt of full
payment until the 7th of the month.
59.2 Late payment of levies is surcharged with interest at prime overdraft rate plus 2% [two] or
any other such interest rate as determined by the DHOA from time to time.
59.3 Levy payments are to be made by monthly debit order.
59.4 Owners should note that they remain responsible for the payment of levies even if their
home is occupied by a guest or a tenant.
59.5 Non payment of the invoiced levy amount and any deductions therefrom may not, under
any circumstances be made by members to offset so-called or perceived partial or non
provision of services.
60 LEVIES -RESERVES:
60.1 In all residential community developments there is the ongoing requirement for
maintenance and renewal, as it becomes necessary, of common property [security
fence, gate houses, etc] and of general utilities [roads, storm water drainage etc.]
60.2 In terms of clause 11.3 of the DHOA constitution each member shall pay 1% of the sale
price of his home, excluding VAT to the DHOA against transfer, such funds shall be added
to a reserve fund to cover capital improvements to the Estate and not to subsidise running
expenses.
60.3 Reserves shall be set aside by the Association for future planned maintenance and
renewal items, based upon a planned schedule covering up to ten years or more.
60.4 PLEASE NOTE: The Association is NOT responsible for the maintenance and repair of any
dams within the Estate which will be maintained in perpetuity by Diemersfontein Wines.
61 LEVY STABILISATION FUND
61.1 The Levy Stabilisation fund is established via a once-off obligatory payment of R5 000 by
each owner at the time of purchase and by the funds paid to the DHOA in terms of clause
62 herof. The Board may review the R5 000 contribution from time to time.
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61.2 The Levy Stabilisation Fund is specifically defined “for the purpose of meeting any
extraordinary expenditure or expenditure of a capital nature” – this provides a buffer for
the annual levy.
61.3 The Trustees will invest the total annual interest earned on the capital sum in order to
provide an increasing capital fund for possible future expenditure for items not covered by
reserves and/or insurance.
61.4 A Levy Stabilisation Fund contribution must be paid every time there is a change in
ownership of an erf [improved or unimproved], the change of members in a close
corporation, shares in a company and in a trust
62 LOCAL AUTHORITIES
62.1 The Drakenstein Municipality is responsible in our area for the provision of water [bulk to the
Estate], submission of accounts and infrastructure and commodities as well as for the
reticulation and disposal of sewerage.
62.2 Eskom is responsible for the provision of electricity and the Association for the submission of
accounts to the members.
62.3 Interruptions and/or faults in water and electricity supplies are reportable to Estate
Management
62.4 Public amenities fall under the local municipality – roads, parks, libraries, building control,
rubbish collection, protection services etc. You pay assessment rates to the local
municipality to cover costs of these services.
62.5 Building plans are required to be submitted to and passed by this Authority after approval
by the DHOA.
63 OCCUPATION
63.1 Not more than a total of 2 [two] persons times the number of bedrooms in the owner’s
dwelling shall be allowed to stay or reside on the property.
64 PARKING
64.1 All members’ vehicles must be parked within their property and not on the common
property areas.
65 POST:
65.1 A physical street address in Diemersfontein is NOT a valid postal address as no deliveries
are made.
65.2 Each owner will be responsible to obtain his/her own postbox at the local Post Office.
66 PROPERTY MAINTENANCE-Common Property
66.1 The gate house, gates, perimeter fence and community facility buildings are all
maintained by the Association and the cost is part of everyone’s levy. Diemersfontein
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Wines who manage the farm operation will be responsible for the maintenance of all
dams within the Estate.
67 PROPERTY MAINTENANCE-FREEHOLD DWELLINGS
67.1 The maintenance of a freehold house internally and externally including all railings, werf
walls, fencing and roof is the responsibility of the owner and is therefore not taken into
account in the levy.
67.2 Owners of freehold houses are required to maintain the exteriors of their houses to the high
standard expected in the Estate. In the case of default, the Association at its discretion,
may order a contractor to carry out essential maintenance and charge the owner
accordingly.
67.3 It is to be noted that the same standards of interior and exterior maintenance are to be
adhered to by the owners of the Guest House, Winery, Wine Court, and any other
buildings erected on the Estate.
68 QUERIES/SUGGESTIONS/COMPLAINTS
68.1 Owners should feel free at all times, through the Association’s office, to make suggestions
or raise any queries regarding anything to do with the Estate. The office is always willing to
assist with reasonable enquiries. Requests will be dealt with as expeditiously as possible or,
where necessary, referred to a higher authority.
69 RADIO AERIALS
69.1 No aerial may be erected on the member’s property without written consent from the
Association.
70 LETTING – MEMBERS PROPERTY
70.1 To ensure that the security and lifestyle are protected for all members it is necessary that a
member who wishes to let out their property advises the Association and completes the
Diemersfontein Wine and Country Estate lease agreement.
70.2 The Guest House Manager will gladly assist members to find suitable transient visitors
and/or longer term tenants for their property.
70.3 Security procedures for tenants are dealt with under Clause 50 of this handbook.
71 REPORTING
71.1 Should any member have reason to report an incident of any nature whatsoever, this must
be done directly with the Estate Manager who will take the appropriate action.
72 RESALE OF PROPERTY
72.1 A member shall not in any manner alienate any property [either unimproved erf or
constructed dwelling] unless he has complied with clause 98 of the DHOA Constitution
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and shall first, in writing, have offered it for sale to the Developer in terms of clauses 121
and 122 of the DHOA Constitution [or in the event of the Developer no longer being a
member of the DHOA] the Association who, for a period of 7 [seven] days calculated from
the date of receipt of the offer, shall have the right to purchase the unit upon the terms
and conditions offered to it.
72.2 In the event of the DEV/DHOA failing to exercise its right within the 7 [seven] days or
waiving its rights before the expiry of the said period, the member may either:-
72.3 Accept any written offer which he may have received for the property, the terms and
conditions whereof he had conveyed to the DEV/DHOA provided that the price and/or
terms are no different to the purchaser than those offered to the DEV/DHOA, any
variations of the price and/or terms and conditions being regarded as a fresh offer which
the member shall again be obliged to convey to the DEV/DHOA and to which the
provisions of Clause 76.1 shall apply; or
72.4 If there is no offer in existence at that time which the member can accept and he wishes
to use the services of an estate agency, he is required to appoint the Estate Agency
nominated by the DEV/DHOA with a sole mandate for a period of six months to sell the
property to a third party under the terms and conditions negotiated by the DEV/DHOA
with the appointed estate agency.
72.5 The Member and the approved estate agent [if applicable] shall be responsible to ensure
that the resale documentation and annexures prescribed by the DEV/DHOA are signed
when concluding the sale of the member’s property.
72.6 Upon transfer of any property whether the sale is concluded privately, through the agency
of an approved estate agent, by donation, upon the death of a member, or other
alienation by a member an amount equal to 1% [one percent] of the current purchase
price of the property [or, if there is no purchase price, then of the fair market value of the
property] shall be paid to the DHOA.
72.7 For the purposes of Clauses 76.1 to 76.2 inclusive, the alienation by a shareholder of his
shares in a company owning a property or the alienation by a member of his member’s
interest in a close corporation owning a property or the alienation by a beneficiary of his
interest in a trust owning a property shall be deemed to be the alienation of a property.
72.8 The DHOA shall be responsible for investing such funds received into an interest bearing
account with a bank or other financial institution approved by its members.
72.9 In the event that the DEV/DHOA is presented with an offer to purchase a member’s
property as required in clauses 72.1 to 72.2 whereby there are suspensive or special
conditions which they consider not in the ‘best interests of the Estate” and/or onerous to
any party involved in the transaction, then they will have the responsibility to advise all
parties concerned regarding such conditions.
73 SECURITY:
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73.1 The residential areas, the vineyard, wine court, guest house and all facilities within the
boundaries of the Estate are covered by contracts with a single security company. A joint
security committee covering all estate entities oversees the overall operation of this
service.
73.2 Access by card/disc to the Estate is limited to residents, to registered domestic staff and to
other authorised and security-cleared persons.
73.3 All access to and exit from the Estate MUST be by access card/disc or by a signed
standard entry slip.
73.4 Special application for temporary access cards [for a limited and specified period] for
guests legitimately staying with residents may be made by the owner to the Association
office and a refundable deposit will be required against the issue of these cards.
73.5 There are many persons other than residents who, of necessity, have to be on the Estate at
any one time – contract garden workers, building contractors’ staff, delivery people,
repair service companies and others.
73.6 The Association is responsible for ensuring that the contracted Security company adheres
to the controlled access/exit security procedures for all persons.
73.7 Security consciousness should be maintained at all times.
73.8 Security is a shared responsibility and security starts at your home.
73.9 Owners are requested to report to security any suspicious or unlawful occurrence
immediately it is seen or perceived.
73.10 Security procedures for daily domestic staff are dealt with in a different section of this
handbook.
73.11 When owners are away from their homes for a period longer than 48 hours, as an added
precaution they should notify Estate Management of the departure and return dates in
order that their property can be put under additional surveillance.
73.12 All visitors to the Estate are required to sign in at the gatehouse. Whenever possible,
residents should notify security in advance of pending visitors and then they will be
allowed onto the Estate without any problem. Should visitors arrive unannounced the
guard is under instruction to telephone the resident being visited in order to seek
permission to allow the visitor access to the Estate. If the resident is unavailable and
cannot be contacted, the visitor cannot be allowed into the Estate.
73.13 Security reserves the right to check all vehicles arriving and leaving the estate.
74 SERVICES / FACILITIES-:General:
74.1 Utility services are provided in good faith and in the belief that they will be adequate.
Every effort is made by the different authorities and departments to provide their services
on a continuous non-stop basis. However, as with any house in any suburb of any town in
the country, no guarantee is nor can be given that all services will operate fully throughout
every 24 hours year in year out.
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74.2 Disputes do occur and such temporary inconveniences do not empower members to
reduce required payments to the local authorities nor to reduce the payment of levies to
the Association.
75 SPEED LIMIT
75.1 The Estate speed limit of 30km for all vehicles must be adhered to at all times.
75.2 Those found to be driving recklessly or dangerously will receive a warning. The nesxt
occurrence will result in a fine of R500. Members have the responsibility to notify security of
any such incidences, providing them with the registration number of the offending vehicle.
If the driver is a member of the HOA, then the fine will be added to their levy account. If
the driver is a non-resident, they will not be allowed back onto the estate until the fine is
paid.
76 SWIMMING POOLS
76.1 The enclosure thereof must comply with all Estate and Municipality regulations.
77 TELEVISION-AERIALS
77.1 The installation and connection of terrestrial and satellite television is the responsibility of
each owner.
77.2 Positioning of satellite dishes and television aerials is subject to specific rules regarding non
visibility from roads and unsightly to neighbours. Permission for the positioning must be
obtained from the Estate Manager prior to installation.
78 VEHICLES – FARM
78.1 Members are not allowed to drive any farm vehicles unless they have received permission
from the Estate Manager.
79 WASHING LINES
79.1 Adequate provision must be made by the member’s architect to ensure these are not
visible to adjoining neighbour’s properties and/or roads.
79.2 No garments, household linen or washing of any nature may be hung out or placed
anywhere to dry, except in a drying area designated within the member’s property for
such purpose.
80 WINE COURT
80.1 The restaurant, wine tasting and wine sales shop are facilities which can be enjoyed by the
Members subject to complying with the Wine Court’s business hours and operation.
81 WINERY
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81.1 Visits to the Winery cellar by both Estate owners and transient visitors will only be permitted
by prior arrangement with the Wine Maker.
81.2 It must be appreciated that the wine cellar is the engine room of the wine making process
and therefore there will only be specific times when it is convenient to open the cellar to
visitors.
PLEASE REMEMBER:
The DEVELOPER: determines, designs, develops, sets and controls the theme
and sells the properties within the Estate.
The HOME OWNERS ASSOCIATION: controls, manages and administers the day to day running
of the Residential Estate and maintains it for the future.
THE HOMEOWNERS HANDBOOK: From time to time it may be in the interests of the Estate to
make amendments to the handbook. Members are
requested to check periodically that they have the current
edition of this document.
DIEMERSFONTEIN WINE AND COUNTRY ESTATE
IS YOUR ESTATE
A WONDERFUL PLACE TO LIVE
A WONDERFUL LIFESTYLE
