ESTATE AGENTS IN ELDO MEADOWS ESTATE.

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ESTATE AGENTS IN ELDO MEADOWS ESTATE.
ESTATE AGENTS IN
               ELDO MEADOWS ESTATE.

Applications can be submitted to:
THE BOARD OF DIRECTORS,
HOA OFFICE, 16 LORENTZ STREET, ELDORAIGNE.

Office hours: Monday to Thursday: 07:00 – 14:00; Friday: 07:00 – 14:00
e-mail: office@eldomeadows.co.za

           Amended October 2010

           CONTENTS:
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1. Approval

2. Registration Fee

3. Rules for Estate Agents

4. Sale/rental agreements

5. Cancellation of approval

6. Show houses

7. Transfer/Clearance certificates

8. Acceptance of Approved Estate Agents

9. Undertaking: Approved Estate Agent

10. Non-approved estate agents

11. Undertaking: non-approved estate agent

12. Resident Information Sheet

13. Addendum to Purchase/Selling contract

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Eldo Meadows, administered by the Board of Directors (HOA) is an upmarket and exclusive residential
estate with specific needs and attributes, particularly relating to security of the estate.

       The residents of Eldo Meadows are regarded as elite cliental and we strive to ensure the best professional
       service to them on all levels.
       The HOA wishes to regulate the conduct of business within the Estate by estate agents. The HOA is given
       the power to make rules, through its directors, in regards to various matters.
       The Estate Agents will be expected to serve and render services of a high level.
       Rules must be strictly adhered to in order to achieve the objectives of the HOA. The HOA has the right to
       fine transgressors, in such amounts as the HOA may in its sole discretion determine where any of the rules
       stipulated by the HOA from time to time have been broke. Such fines will be additional to the approved fee
       and be payable on demand is any such fines are levied.
       A number of estate agencies and their agents have been approved by the Eldo Meadows Homeowners
       Association (HOA) to market, sell or rent properties in the Estate. These may change from time to time. The
       names of the agencies and agents at present approved may be obtained from the HOA office at the main
       gate.
       No estate agents shall be entitled to perform any services (Sale or Rental Agreement) unless or until such
       Agency comply with all requirements of the HOA and is duly approved to operate within the Estate.

1. APPROVAL:
           a.    All estate agencies and/or agents must at all times comply with the Estate Agent Policy and
                 Approval Document.
           b.    Agents must familiarize themselves with the rules and regulations of Eldo Meadows and adhere
                 thereto.
           c.    A certified copy of the Fidelity Fund certificate for both the agency and the agent must be handed
                 in at the HOA office before marketing may commence.
           d.    The annual fee for approved estate agents, as determined from time to time, is payable in advance
                 to the Eldo Meadows Homeowners Association.

2. REGISTRATION FEE:
       All approved agencies/agents will pay to the BOD an annual fee, in advance. Such amount may be subject
       to change from time to time at the sole discretion of the BOD. The approval afforded to any applicant will
       not take effect until such time as the annual fee is paid in full.
       A maximum of 4 (four) estate agents per agency will be allowed to market property on the estate.

3. RULES FOR ESTATE AGENTS:
   o   Estate Agents will meet their clients at the security entrance and at all times escort the client through the
       estate – Clients may only enter the estate accompanied by an approved agent.
   o   No cold canvassing, door-to-door or at the entrance of the estate are allowed under any circumstances.

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o    No advertising, door to door pamphlets, signage on walls, umbrellas, bunting flags or any other form of
         advertising, shall be permitted outside show houses or within the Estate.
    o    The distribution of leaflets, brochure or any marketing material is not permissible in Eldo Meadows Estate or
         at the guard house.
    o    ‘Sold’ signs may only be shown for 30 days.
    o    Non-approved agents, appointed by owners, must hand in an appointment letter from the owners to the
         office of the HOA, before start marketing property.

4. SALE/RENTAL AGREEMENTS:
All approved agents shall within 30 (thirty) days of the conclusion of any sale agreement, OR on the conclusion of a
lease agreement within 7 (seven) days:
    •    Forward the contact particulars of any new purchaser/tenant, including their full names, telephone numbers
         and occupation date as well as similar details of the transferring attorney/s.
    •    An Eldo Meadows’ Addendum, signed by the purchaser that he/she/they confirm that they acknowledge that
         it will be required from them to become a member of the Eldo Meadows Homeowners Association and that
         the necessary conditions will be incorporated in the Title Deed of the Purchaser as part of the transfer
         documents in terms of which they will acquire membership to Eldo Meadows Home Owners Association
         which will bring with it the benefits of the Estate and will confer the obligations associated with the Estate’s
         governance documents with it, with specific reference to the payment of monthly fees.
    •    The purchaser shall be required to pay monthly levy and any special levy which may from time to time be
         levied against their levy account, and all payments must be made on/or before the 7th day of every month in
         advance.
    •    An updated Rules and Regulations booklet, compiled by the HOA, have to be given to buyers/tenants, in
         order to get acquainted with it and before they sign the Addendum. Agents to provide an acknowledgement
         of receipt by the new owner of Rules and Regulations of Eldo Meadows Estate.
    •    In case of any rental/sale agreement, approved agents must inform the HOA office when tenants taking
         occupation of any property in Eldo Meadows. No removal vehicles will be allowed access to the estate
         without such notice.

5. CANCELLATION OF APPROVAL:
In the event that any Approved Agent do not conform to the guidelines laid down in this procedures, the BOD will
decide whether or not to
    •    Withdrew approval to market at once;
    •    Withdrew approval at the end of the year;
    •    Withhold further approval.
The decision of the BOD will be final and will not be open to discussion.

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The following will be reasons for withdrawal of approval:
           Failure to pay the annual fee due by the approved agent(s);
           Any conduct in the opinion of the BOD, which is not in keeping with the interest of the BOD or its
           membership, which may include manipulation or avoidance of paying stipulated sales fee to the BOD.
           Introducing buyers or rental tenants without complying with the Board of Directors’ code of conduct for
           estate agents.
           Failing to provide new rental tenants and or buyers with the requisite information regarding rules and
           regulations.
           Failing to inform the office at Eldo Meadows Estate of new rental tenant details prior taking occupation of
           any property in Eldo Meadows Estate.
In the event that a withdrawal of approval is being considered, the Agency will be notified in writing and the agency
will be entitled to make written submissions to the BOD. The reasons for any withdrawal of approval will be
communicated to the agent(s) concerned, in writing at the discretion of the BOD.
There will be no refund of any portion of the registration fee under any circumstances whatsoever.

6. SHOW HOUSES:
    a. Clients visiting a show house will only be allowed entry to the estate after they completed the visitors’
           register.
    b. Clients need to present a legal Identity document to the guards.
    c. An estate agent, who wishes to show a property on a weekend, must notify the HOA office before 14:00 on
       the Wednesday prior to the show which houses will be on show.
    d. Show house boards will be supplied by the HOA.
    e. A pamphlet listing all the show houses and a map of the Estate, on which the properties on show are
       indicated, will be distributed at the main gate by Security guards on Sundays only.
    f.     Agents are only allowed to use their own "For Sale" boards at the entrance of the estate. No "For Sale"
           boards will be allowed on a property.
    g. Agents are allowed to display “SOLD” boards for 1 month after the offer has been accepted by the seller.

7. TRANSFER/ CLEARANCE CERTIFICATES:
    a. Clearance certificates required for lodgement with each transfer can be obtained at the office of the HOA at
       a cost of R300-00 (incl. VAT) to the seller which amount may be increased from time to time.
    b. Clearance certificates will only be issued if:
          I. Levies have been paid for 3 (three) months in advance;
         II. Full details of the new purchaser, including transfer of membership of Trusts if applicable, have been
             furnished to the office of the HOA (a standard form will be submit to agents by the Estate Manager)
         III. The specific addendum, dealing with the Eldo Meadows HOA requirements, must be signed and
              attached to all sale/rental agreements.
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IV. In the case of a Company, a copy of the resolution appointing an authorized person to act on behalf of the
      company, should be furnished to the HOA, together with the registration document of the said company,
   V. The house plans should be up to date and copies of the house plan and occupation certificate, approved
      by the municipality, should be handed to the Eldo Meadows HOA office, before a clearance certificate will
      be issued.
c. Agents are requested to encourage buyers to sign debit orders for levies.
d. If owners make use of any non-approved agent to sell his house, the owner undertakes to ensure that the
   agent pays an once off fee of R1,000-00 for the privilege to market that specific property only. The owner
   agree to disclose the selling agent / agency details at the time final figures are obtained by the transferring
   attorney. Should the agent/agency not being approved or have not paid the once off fee, a fine of R500-00 to
   the Seller and R1,500-00 to the agency will be levied and included in the clearance figures provided by the
   BOD.

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8. ACCEPTANCE OF ESTATE AGENTS AGENCY OF RULES FOR APPROVAL:

We/I ______________________________________________________________ (name of Authorised Agent
Representative) on behalf of ____________________________________________ (Estate Agency) who by signing
hereunder acknowledges and agrees that the Agency will procure the compliance by its agents to the contents of this
agreement, failing which the entity will be liable., and wishes to be an Approved Estate agency within Eldo Meadows.
The estate agency furthermore acknowledge that neither the Board of Directors nor the HOA will be held responsible
for any damages of whatsoever nature that might result of any contract for the sale of property.

Signed at _____________________ on this ___ day of _______________201__.

Agent’s signature: _________________________

Witness 1: ________________________________
Witness 2: ______________________________

Registration fee paid: ______________________________ (Please attach proof of payment)

HOA OFFICE USE ONLY:
Acceptance date: __________________________________

Authorised by: _______________________________________

Estate Manager: ____________________________

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9.    APPROVAL DOCUMENT FOR ESTATE AGENTS
I, the undersigned,
............................................................................................................................ (name of estate agent in block
letters)

of ………………………………………………………………………….. (estate agency)
Estate agent's telephone No.                     (work) …………………………..
                                                 (cell) …………………………..
hereby confirm that:
            I undertake to abide by the Eldo Meadows Homeowners Association (HOA) Estate Agent Policy.
            I am in possession of the HOA Rules and Regulations and undertake to attach a copy of the these Rules
            and Regulations to each document of sale concluded by me, together with a special condition to the sale
            agreement relating to the Title Deeds requirements. I further undertake to draw the purchaser's attention to
            the fact that in terms of the Title Deed, every homeowner on the Estate automatically becomes a member of
            the HOA and as such is bound by their rules.
            I am aware that a clearance certificate is required for lodgement with each transfer, which certificate can be
            obtained from the HOA at a cost as determined from time to time.
            I am aware that should I fail to comply with these rules, and not with standing any mandate I may have from
            the owner of a property to sell their property, the HOA reserves the right to immediately revoke my approval
            to work in the estate.

I CONFIRM THE ACCEPTANCE OF THE ABOVE TERMS AND CONDITIONS

…………………………………..
(Signature of Estate Agent)

…………………………………..
(Signature of Principal)

Signed at ……………………………………….. on ……… day of ……………………… 2010.
ON BEHALF OF THE ELDO MEADOWS HOMEOWNERS ASSOCIATION,

…………………………………..
(Estate Manager)

Signed on ………………………... at ………………………………………..

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10. NON-APPROVED ESTATE AGENT POLICY
   a.   A number of estate agencies have been approved by the Eldo Meadows Homeowners Association
        (HOA), but homeowners who want to sell their property are free to use any other agent or agency if they
        so wish.
   b.   Homeowners, who make use of a non-approved agent/agency, must send a letter with all relevant
        details (name, address and telephone number of homeowner; name, estate agency and telephone
        number of the estate agent) to the HOA Office.
   c.   A non-approved estate agent may only commence marketing a property on the Estate after he/she has
        signed the Agreement for Non-Approved Estate Agents, and for which all applicable fees, including a
        registration fee, fees for boards to be erected and show house fees, as determined from time to time,
        have been paid to the HOA. Cheques must be made out to: Eldo Meadows Homeowners Association.
   d.   Agents must at all times comply with the Estate Agent Policy and Agreement for Non-Approved Estate
        Agents.
   e.   An estate agent, who wishes to show a property on a weekend, must notify the HOA office before
        14:00 on the Wednesday prior to the show which house will be on show.
   f.   Show house boards will be supplied by the HOA.
   g.   A pamphlet listing all the show houses and a map of the Estate, on which the properties on show are
        indicated, will be distributed at the main gate by Security on Sundays only.
   h.   Clearance certificates will only be issued if:
        a. Levies have been paid for 3 (three) months in advance;
        a. Full details of the new purchaser, including transfer of membership of Trusts if applicable, have
           been furnished to the office of the HOA (a standard form will be submit to agents by the Estate
           Manager)
        b. The specific addendum, dealing with the Eldo Meadows HOA requirements, must be signed and
            attach to all sale/rental agreements.
        c. In the case of a Company, a copy of the resolution appointing an authorized person to act on
           behalf of the company, should be furnished to the HOA, together with the registration document of
           the company,
        d. The house plans should be up to date and copies of the house plan and occupation certificate,
           approved by the municipality, should be handed to the Eldo Meadows HOA office, before a
           clearance certificate will be issued.
   i.   Agents are requested to encourage buyers to sign debit orders for levies.

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11. NON-APPROVED ESTATE AGENTS AGREEMENT

I, the undersigned,
............................................................................................................................ (name of estate agent in block
letters)
of ………………………………………………………………………….. (estate agency)

Estate agent's telephone No.                                           (work) ……………………………
                                                                       (cell) ……………………………
hereby confirm that:
           a.         I undertake to abide by the Eldo Meadows Homeowners Association (HOA) Non-Approved Estate
                      Agent Policy.
           b.         I am in possession of the HOA Rules and Regulations and undertake to attach a copy of these Rules
                      and Regulations to each document of sale concluded by me, together with a special condition to the
                      sale agreement relating to the Title Deeds requirements. I further undertake to draw the purchaser's
                      attention to the fact that in terms of the Title Deed, every homeowner on the Estate automatically
                      becomes a member of the HOA and as such is bound by their rules.
           c.         I am aware that a clearance certificate is required for lodgement with each transfer, which certificate
                      can be obtained from the HOA at a cost as determined from time to time.
           d.         A registration fee, as determined from time to time by the HOA, is payable in advance for each
                      property being marketed, to the Eldo Meadows Homeowners Association.
           e.         A certified copy of the Fidelity Fund certificate for both the agency and the agent must be handed in at
                      the HOA office before marketing may commence.
           f.         I am aware that should I fail to comply with these rules, and not withstanding any mandate I may have
                      from the owner of a property to sell their property, the HOA reserves the right to immediately revoke
                      my accreditation.

I CONFIRM THE ACCEPTANCE OF THE ABOVE TERMS AND CONDITIONS FOR NON-APPROVED ESTATE
AGENTS:

…………………………………………………….                                                                               ……………………………………..
(Signature of Estate Agent)                                                                         (Signature of Principal)

Signed at ……………………………….. on the ………… day of …………………………….. 201…..

ON BEHALF OF THE ELDO MEADOWS HOMEOWNERS ASSOCIATION:

........................................................................
(Estate Management)
Signed on ………………………………… at ……………………………………

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