ESTATE AGENTS IN ELDO MEADOWS ESTATE.
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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: 1
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 2
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. 3
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. 4
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. 5
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. 6
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: ____________________________ 7
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 ……………………………………….. 8
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. 9
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 …………………………………… 10
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