SECTIONAL TITLE SCHEME OF HIGHLANDS WILDERNESS
MADE BY THE BODY CORPORATE OF THE HIGHLANDS WILDERNESS SCHEME, SS1237/2005, AS AUTHORISED BY A SPECIAL RESOLUTION BY THE MEMBERS OF THE BODY CORPORATE IN THE AFORESAID SECTIONAL TITLE SCHEME
A) The Conduct rules prescribed in terms of Section 35(2)(b) of the said Sectional Titles Act No. 95 of 1986 (namely the Conduct Rules as per Annexure 9 to the Regulations of the Sectional Titles Act No. 95 of 1986) are applicable to the sectional title scheme known as Highlands Wilderness.
B) CONDUCT RULES IN ADDITION TO THE CONDUCT RULES REFERRED TO IN PARAGRAPH A ABOVE:
These Conduct Rules will be in addition to the existing Rules as prescribed by the Regulations to the Sectional Titles Act 95 of 1986. Where a rule in terms of Annexure 9 to the Regulations of the Sectional Titles Act is in direct conflict with any of the Rules as set out below, the rule in the said Annexure to the Regulations of the Act will deemed to be substituted by the concurrent Rule as indicated in this document. The Regulations and Architectural Specifications which is currently filed at the Deeds Registry, in the Sectional
Title Register of Highlands Wilderness, are hereby withdrawn and replaced by these rules.
For the purposes of this document the Common Property and all sections on the common property in the sectional title scheme of Highlands Wilderness (situated at the Farm Highlands Wilderness No. 771, Registration Division K.R., Limpopo Province, Bela Bela Local Municipality) will collectively be referred to as the “Estate”.
These rules will be applicable to all Sectional Title Unit Owners (“owners”) and registered holders of a real right of extension, in terms of Section 25 of the Act (“real right holders”), in Highlands and which owners and real right holders will also be responsible and liable for the actions of their guests, visitors, family, workers, building contractors or any other person entering Highlands with the permission or on the authority of an owner or real right holder in Highlands. The owners and real right holders shall ensure that all the aforementioned persons are aware that they are bound by these rules.
Notwithstanding any other rule to the contrary, these Rules shall equally apply to such natural and legal persons who may have acquired a real right of extension of the scheme pursuant to the provisions of section 25 of the Act.
To the extent that the context allows, and in as much as it shall be reconcilable with the tenor and meaning of such Rule, every reference to “owner”, “owners” or “residents” in these Rules shall include a holder of a real right of extension.
Words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include females, partnerships, trusts, companies, close corporations and vice versa, except where indicated otherwise.
1 Interpretation, Enforcement Procedure and Complaints
a) The Trustees’ interpretation of these rules shall be final and binding on all owners and real right holders. No owners, real right holders or any other person shall have any claim of any nature, including a claim for damages, against the Body Corporate or the Trustees of the Body Corporate as a result of a decision taken by the Body Corporate or its Trustees regarding the interpretation and enforcement of these rules. In circumstances that the Trustees deem exceptional, the Trustees may allow for deviations from the rules.
b) Should any of these rules be breached in any way, the Trustees will be entitled to impose and collect a fine or impose and enforce other reasonable sanctions against the perpetrator or owner or real right holder who allowed the perpetrator to enter Highlands, as part of the administration and management of Highlands.
c) Except where otherwise stated, the Trustees will first issue a warning letter to the owner of a section, or the holder of a real right of extension, where transgression of the conduct rules takes place by the aforesaid owner or real right holder or any of their representatives, friends, family, guests, employees, appointed building contractors or any other person entering Highlands with the permission or on the authority of the owner or real right holder in Highlands.
d) The Trustees will then impose a fine on the above said owner or real right holder if the transgression of the rules does not come to an end within the time specified by the Trustees.
e) The warning letter can be delivered by hand, sent by e-mail or faxed to the relevant owner or real right holder and will be deemed to have been received on delivery or at successful transmission of the e-mail or fax.
f) The fine will be directly in relation to the nature of the violation of the rules and the amount of the fine will be in the discretion of the Trustees. The amount of the fine may however not be exceeding an amount equal to two times the ruling monthly levy.
g) The fine will be debited to the monthly levy account of the owner or real right holder.
h) In addition to the above mentioned fine, if the breaching of the conduct rules causes any damages to the common property, or cause the Body Corporate or any other person to suffer any form of damages to their person or property whatsoever and the owner or real right holder refuses to immediately compensate for these damages, legal action can be taken against the owner or real right holder by the person who suffered the damages, it being hereby stipulated that the owner or real right holder (if not personally responsible for the breaching of the conduct rules and subsequent damages) is to be directly responsible and liable for the conduct of any of their representatives, friends, family, guests, employees, appointed building contractors or any other person entering Highlands with the permission or on the authority of the owner or real right holder, and who caused the said damages.
i) All complaints or applications or ideas and suggestions must be forwarded to the Board of Trustees in writing or per e-mail. The aforesaid will however not be entertained if anonymous.
2 Access Control
All persons entering or exiting Highlands are required to comply with the security procedures implemented or to be implemented by the Board of Trustees.
Camping, meaning tents, caravans or shacks as accommodation, is not normally allowed anywhere on Highlands. However, approval can be obtained to allow camping subject to the following conditions:
a) Written approval must be sought at least seven days in advance from the Trustees of the Body Corporate, the Farm Manager or another representative appointed by the Trustees;
b) Such approval may be withdrawn at any time if the conditions are not complied with;
c) The owner or real right holder, and/or his/her immediate family members must be present;
d) Camping may only take place within the borders of the owner’s or real right holder’s stand;
e) Levy payments must be up-to-date;
f) All other rules must be complied with, especially those dealing with fire prevention and refuse removal.
a) Management, The Body Corporate and Trustees do not accept any responsibility whatsoever for any loss of life or theft of any kind or damages or loss of any vehicle or any injury to any person in Highlands.
b) The Body Corporate and Trustees do not accept any responsibility whatsoever for any damage to common property or privately owned property occasioned by any act or omission of any person entering Highlands, nor for any damage whatsoever caused by any act or omission by Management, or any of the members, homeowners, guests, servants, workers, building contractors, agents or Trustees.
c) Management, The Body Corporate and Trustees do not accept any responsibility whatsoever for safekeeping of any property or goods brought onto Highlands by any person.
d) All persons enter Highlands at their own risk and the owners and real right holders will be responsible to bring this information to the attention of all persons entering Highlands with the permission or on the authority of an owner or real right holder.
5 Environmental Protection, Management and Ensuring A Pleasing Environment
a) The design and management of Highlands is intended to cause minimal disruption to the natural bushveld environment.
b) Protection of this natural environment includes all plant life, wild animals, birds, fish, insects, water and air.
c) No activities will be permitted on Highlands that cause harm or disruption to the environment.
d) All terms and conditions as set out in the Environmental Authorisation of 22 November 2001 and any future amendments or newly issued terms by the relevant authority will be applicable to and binding on all owners and real right
holders. The Environmental Authorisation will be loaded onto the website of Highlands Wilderness as to be accessible to all owners and real right holders.
e) Owners and real right holders must ensure effective waste management as more fully described in section 19.
f) No temporary wendy houses or tool sheds may be used once construction is completed. Small structures for the storage of tools and implements may be built provided that they blend into the natural environment. If the owner refuses to remove any unapproved structures, the Trustees of the Body Corporate may remove such structures at the cost of the owner.
g) All water tanks, equipment, tools, trailers or vehicle parts should be located out of view and appropriately screened from neighbouring properties and the road.
6 Feeding of animals
a) Controlled feeding of animals using approved specially formulated mixtures suitable for wild animals in specific feeding spots is permitted as part of the game management plan.
b) No scraps or other food items may be placed or left outside where animals may gain access to it.
c) No potentially harmful substances, including plastic bags, may be kept in the open.
The use of any firearm, air rifle, pistol, gas-propelled or powered arm, bow and arrow, slingshot, fireworks or any other potentially hazardous or dangerous weapon is strictly prohibited. Firearms may only be used in life threatening situations or as part of the game management program. The Body Corporate is not responsible for the consequences of the unlawful use of any arms.
a) Fire protection on Highlands is critical.
b) Open, unprotected fires may not be lit anywhere on Highlands. Fires may only be lit in a braai area, built specifically for that purpose, and must be adequately supervised. [See clause o) below]. No open fire may be left alone. This implies that all fires be properly extinguished after use. Extreme care must be taken as especially hard wood can absorb so much heat energy that a fire which may at first inspection appear to be dead, can still be smouldering at the bottom or inside and can naturally be kindled and blown up during the night.
c) Areas surrounding braais must be kept clear of grass or other combustible material at all times and fires must be properly extinguished after use. Grass in areas further from the braai area, and which falls within an owner’s exclusive use area registered in his name or allocated to him, or that specific part of the common property on which a real right holder can exercise his Section 25 real right of extension (hereinafter called a “stand”) has to be kept short. Dry leaves and especially Mexican Marigold (kakiebos) occurring within the aforementioned areas have to be removed on a regular basis as same burns vigorously. Low branches of trees within these areas also have to be trimmed.
d) Braai covers are required to be used on all open fires when not being directly supervised.
e) No flammable materials should be stored within a 10 (ten) meter radius from a section (house).
f) Care should be taken at all times to avoid veldt fires and in particular burning cigarettes should never be thrown from cars or dropped anywhere in Highlands. All owners and real right holders need to take care not to start an unwanted fire or allow a fire to burn out of control.
g) Any Owner or real right holder found to be responsible for causing an unwanted fire, or allowing a fire to burn out of control, or failing to make the necessary fire breaks as provided for in the management rules, will personally be responsible for any damages caused by the fire to any building, section or exclusive use area in the scheme to any neighbouring farms or properties. The owner or real right holder (if not personally responsible for causing the fire) is to be directly and personally responsible and liable for damages caused by a fire which ignites as a result of an act or omission (negligence) by his representatives, friends, family, guests, employees, appointed building contractors or any other person entering Highlands with the permission or on the authority of the said owner or real right holder.
h) The Fire Act No. 101 of 1998 is applicable to the scheme. The Trustees of the Body Corporate will see to it that the Body Corporate obtains effective and sufficient fire fighting equipment with funds obtained from the levy fund, but all owners and real right holders are obliged to obtain their own fire fighting equipment as well, at their own cost. Provision has to be made by owners and real right holders for conveniently placed and clearly marked fire fighting equipment, which will include fire extinguishers, sand and fire swats.
i) All owners and real right holders are obliged to help when a fire ignites in any area within Highlands as well as on neighbouring properties, as fires which are not stopped in time can burn out of control and raze whole districts.
j) Each owner and real right holder is responsible for fire prevention on his exclusive use area or own stand and will personally be held legally liable for any fire originating on his exclusive use area, stand or section (house), be that from cooking fires from his builders or himself, as well as any other fire which originates on his exclusive use area, stand or section.
k) Owners and real right holders are expected to prove reasonable preventative measures.
l) Owners and real right holders should familiarise themselves with the location of the closest fire hydrant. The intent is not for the fire hose to directly reach his home or stand, but rather to fill the tanks of high pressure fire fighting pumps. Obviously time wasted by those driving around in order to reach a hydrant is not ideal.
m) Owners and real right holders are obliged to attend to the making of fire breaks as indicated in the management rules and at such time as notified by the Trustees of the Body Corporate. Failure of the Trustees to send out the necessary notice will however not exempt the owner or real right holder from making the fire breaks or from being liable if the fire breaks have not timorously been made. The Owners and real right holders will furthermore be responsible to provide notification to the Trustees and adjacent section- and land owners before commencing with a planned fire break if such fire break is made by burning (as opposed to cutting).
n) Owners and real right holders should strictly follow any fire management plan issued by the Trustees of the Body Corporate at any time, which fire management plan does not have to be filed at the Deeds Registry to be enforceable.
o) At all times, but especially during the dry months (usually from beginning of June up to the end of October) owners and real right holders should ensure that neither themselves nor any of those persons making use of their property, shall make an open fire on any other place other than that specifically prepared for this purpose.
As a guideline, such a place should:
(1) Have a diameter of at least 4 metres which is cleared of any flammable material;
(2) On the direct perimeter of the fireplace itself, have a border which is either masoned or packed with stone. This border acts as a wind screen. Therefore the height of the fire packed should be in reasonable relation to the height of the said border.
(3) Have a form of first line fire extinguishing equipment in close proximity. This can be something like a purpose made fire extinguisher, a sand bucket, a tap equipped with a suitable hose or fire swats.
9 Fishing, Boats and Swimming
a) Fishing and angling are permitted on Highlands but only on a catch and release basis at designated dams. Children under 12 years must be supervised. Bird life must be protected and any signs in this regard must be obeyed.
b) Exotic fish species may not be stocked in any water bodies.
c) The use of boats of any description on any dams or rivers in Highlands is strictly prohibited.
10 Flora and Fauna
a) All flora and fauna is protected and may not be tampered with or harmed in any way and no feeding- or drinking place may be erected to entice animals or birds, except if so decided by the Body Corporate at a General Meeting.
b) No plants or trees or any other flora may be removed unless these interfere with the positioning of a house.
c) No dead wood may be collected or removed from the property by owners, real right owners, visitors, staff, contractors etc. Dead wood forms part of the eco system and may not be disturbed. Management however have the right and responsibility to maintain the property in good order and may remove dead trees within reason at their discretion.
d) No animals, birds, reptiles, or insects may be brought onto Highlands or removed from Highlands. No animal of any species (including fish or any form if wildlife) may be sold, hunted, culled, captured or shot in Highlands, except in the sole discretion of the Trustees of the Body Corporate as part of a management plan.
e) Owners are not allowed to introduce any flora onto Highlands or cultivate any flora anywhere in Highlands, except if the flora to be introduced to Highlands is indigenous and appears on the list of approved flora, as compiled by the Trustees of the Body Corporate. No noxious flora are to be planted.
f) Where applicable, trees have to be planted, fertilized and watered by an owner within his exclusive use area, or by a real right holder within his stand, in accordance with stipulations as to be contained in the Environmental Management Plan whilst remaining within the daily water quota per stand.
g) All owners and real right holders are obliged to control alien weeds and invasive exotic plants, existing or establishing due to disturbance from the development, within their exclusive use areas or stands.
11 Maintenance of Exterior
a) The Body Corporate or its trustees may compel the owner to improve the aesthetic appearance of his buildings when deemed necessary, at the cost of the owner. The maintenance of the owner’s property stays the owner’s responsibility.
b) The Body Corporate and its trustees have the right to effect repairs, at the cost of the owner, should it be considered