Dear Owners and Tenants of the Aan de Weber Estate,
Introduction
As the new chairman of the Board of Trustees, I would just like to take the opportunity to properly introduce your new board and chat a little about our collective view of the way forward for our beautiful estate.
Some of us are more inclined toward the “fine print” than others, although most would probably agree that it is nonetheless very important. So, with that in mind, a short summary about some of the “legal stuff” that is important to be aware of and understand.
- The Home Owners’ Association (HOA) is a legal entity established in accordance with the CONSTITUTION OF THE AAN DE WEBER HOME OWNERS ASSOCIATION, a copy of which is signed by and lodged with the Stellenbosch Municipality.
- The HOA has rights and duties independent from its members and does not operate for the acquisition of profit for itself or its members.
- The Trustees are not entitled to remuneration, salary, or fees in respect of their services and performance of their duties.
At the understandably belated Annual General Meeting held at Weltevreden Hills Historic Estate on 17 September 2020, a properly constituted quorum of members (members present or by proxy who together represent at least 25% of the total votes of all members entitled to vote) voted the following individuals in as Trustees
- Billy Evans (subsequently nominated as the Chairman)
- Gavin Osborne
- Willem Boshoff
- Ters Conradie
- Minette du Preez-Joubert
On behalf of myself and the members of our estate, I would personally like to thank the Trustees and Jaen Boje who remains an invaluable extension to the team, in advance for the time and effort that they dedicate in service of the smooth running of our estate. Those of you who have served on committees of this nature know that as much as it can be rewarding, it is often times a thankless task.
Setting the scene
The objectives of the HOA are very clear, as is the trustees’ responsibility to uphold and achieve them. In summary they are
- To manage and maintain the estate
- To promote, advance and protect the interests of the members
- To administer and enforce the building manual
- To take transfer of, maintain and control the “common areas” of the estate
- To make regulations in order to achieve or promote the objectives.
In keeping with this, Section 20 of the constitution sets out extensively the functions and powers of your committee (circa. 32 items, therefore not listed), and section 6 succinctly sets out the duties of the HOA members, namely yourselves
- To the best of “your” ability further the objectives and interests of the Association.
- Observe all regulations (including conduct rules) made by the trustee committee.
Your committees’ approach
Guided by our responsibilities as set out in the HOA Constitution, and by the Estate Rules that are amended from time to time, as a board of trustees our approach is simple:
- We aim to create a harmonious environment where all members and residents treat each other with courtesy and respect, and as such allow all to enjoy the multiple benefits of the estate, and capitalise on the investment they have made in their homes and the estate.
- We recognize that as a committee our success is directly correlated to our collective efforts and abilities, and crucially the support and cooperation of our members.
I cannot emphasize the last part of the above statement enough; members and the trustees have a symbiotic relationship which fundamentally determines our collective success or failure.
Challenges and immediate areas of focus
Security
With the aid of Trafalgar, we are pleased to report that a comprehensive audit of the security access cards has been completed. As such we are in control of exactly how many active access cards are in circulation and exactly who they have been issued to. Maintaining this discipline is vital to ensuring the integrity of the digital audit trail and overall security of our estate. It follows that any practice that bypasses these controls fundamentally undermines the security of the estate and the continued investments therein.
We appeal to all residents to ensure they use their access cards whenever necessary, communicate immediately with Trafalgar if the cards are damaged or lost, and adhere to the visitor protocols that have been established. With immediate effect, Security has been instructed to
- Albeit it with courteous intent, desist the practice of swiping their Security card to allow residents to enter or exit the estate.
- Disallow any visitors onto the estate unless they have received the express consent of the resident, preferably via the At-the-Gate mobile application or, until all transition issues have been resolved, telephonically.
Vehicles and Parking
In general, parking and specifically the inappropriate use of the visitor-parking bays, is creating heightened tension in the estate, not to mention creating damage (oil stains) in some areas that will have to be remedied from the common purse. The width of roads of the estate were also not designed to allow for curb side parking. To address the matter the committee has agreed the following:
- With immediate effect, all visitor bays will be clearly demarcated with aesthetically blending parking / no parking signs.
- Trafalgar will be tasked with completing an audit of all vehicles that “sleep on the estate”, with a view to issuing Resident Parking Discs that are to be displayed in the vehicles at all times.
- Amending the estate rules and fines schedule accordingly.
These measures represent a first stage, and we will communicate further in this regard to ensure all residents are kept abreast of developments.
Pets
Although the rules of the estate are quite clear with regard to the number of pets allowed per household, and the responsibilities associated with those pets, over time adherence to these rules has been allowed to slide, and is similarly creating tension on the estate. In particular, the estate has signage that clearly states “Clean-up, Leash-up or Pay-up” – personally, I do not think this could be any clearer. That said, there are residents that unfortunately choose to disregard this, which not only poses a health and safety risk to residents, children, and pets on the estate, it is simply disrespectful to fellow residents.
In the interest of harmony, we therefore appeal to all pet owners to “up-your-game”, and constructively hold yourself and others to account. Although it is something we would prefer to avoid, going forward the committee will not hesitate to impose the fines schedule should it be necessary to do so.
In terms of the number of pets, similarly Trafalgar will be tasked with completing an audit of all pets per household, and in parallel the committee will apply its mind with a view to developing practical and sensible measures to address the challenge over time.
We will communicate further in this regard to ensure all residents are kept abreast of developments.
Building code
As with the history of most estates, now that the vast majority of development is complete, at this stage it is natural for owners to consider making improvements to their homes for investment or aesthetic purposes or, as is often the case in smaller estates such as Aan de Weber, to improve and enhance privacy. The committee is broadly supportive of this, and there are clear protocols in place to execute improvements in line with the building code (which trustees are duty bound to “enforce” – direct quote from the constitution) and ensure the committee is in position to be supportive. Our appeal is therefore that owners make themselves familiar with and follow the appropriate channels to obtain authorisation in advance of construction, and thereby avoid putting your HOA in a position whereby they are compelled to address violations.
Future communication
Going forward, the committee has undertaken to issue quarterly updates on the range of activities designed to maintain and improve the estate, and as an owner and resident your proactive and constructive feedback and suggestions are encouraged and welcomed.
Specifically, with regard to owners who have tenant’s resident on the estate. As it is currently, it remains your responsibility to ensure your tenants have received a copy of and are familiar with the estate rules. That said, we would like draw your attention to the fact that, in the future, in addition to communicating with the owner on all matters,
Trafalgar has also been instructed to communicate directly with tenants on general matters, and specific matters should the need arise.
Thank you for taking the time to read this communication, and I look forward to working with the trustees and residents to move our estate forward.
Yours sincerely
Billy Evans
Chairman
