The concept of Essenwood imposes certain restrictions on the manner in which Estate Agents may operate in Essenwood. In order to ensure that the rules that are particular to Essenwood and that regulate ownership and occupations in Essenwood are known to new residents, the following rules relating to the re-selling or letting of property shall apply:

12.1 Should an owner want to sell or lease his/her property, he/she must abide by the rules as laid down in clause C below.

12.2 A clearance certificate must be obtained from the EHOA prior to any transfer.

12.3 The Seller or Lessor of a property in Essenwood shall ensure that the sale/lease agreement contains the following clauses:

A. SALE

1. Homeowners’ Association

The Purchaser acknowledges that he/she/it is required upon registration of the property into his/her/its name, to become a member of the Essenwood Homeowners’ Association and agrees to do so subject to the Memorandum and Articles of Association of such Association.

2. Conditions of Title

The seller or lessor shall be obligated to procure that, in addition to all other conditions of title and/or subdivision referred to above, the following conditions of title be inserted in the Deed of Transfer, in terms of which the purchaser takes title to the property:

“Subject to the following conditions imposed and enforceable by and in favour of ESSENWOOD HOMEOWNERS’ ASSOCIATION (hereinafter referred to as “the Association”):

1. The owner of this erf or of any subdivision thereof shall not be entitled to transfer the erf or any subdivision thereof or any interest therein without the prior written consent of the Association which shall not be withheld if all monies due to the Association, to date of transfer, by the owner, have been paid.

2. Every owner of an erf or of any subdivision thereof or of any interest therein shall automatically become and shall remain a member of the Association and be subject to its constitution until he/she/it ceases to be owner as aforesaid. Neither the erf nor any subdivision thereof nor any interest therein nor any unit thereon shall be transferred to any person who has not bound himself/ herself/itself to the satisfaction of such Association to become a member of the Association.

The term “Association” on the aforesaid conditions of title shall mean ESSENWOOD HOMEOWNERS’ ASSOCIATION (Association incorporated under Section 21 of Act 61 of 1973, (No. 97/09502/08).

3. The seller must personally ensure that the purchaser is informed about and receives a copy of the Conduct Rules and any other applicable rules at the time.

B. LEASE

1. The Lessee acknowledges that occupation of his/her premises, he/ she and his/her family, his/her visitors and domestic staff shall adhere to the Conduct Rules and regulations as contained in this document.

2. The Lessor must personally ensure that the Lessee receives a copy of the Conduct Rules and any other applicable rules at the time and binds his/her Lessee to the Conduct Rules and regulations in the lease.

3. Any owner who lets his/her property must ensure that a proper security / reference check is conducted on the prospective lessee so as to ascertain the historic behavioural record of the lessee, and only once assured of proper conduct, enter into a lease agreement.

4. In the case of a unit being sub-let the onus will remain with the owner to ensure that the above rules are complied with.

5. Any lease agreement must include a clause entitled “Limitation of Occupants” in the following form:

“The premises shall be used and occupied by ………and no other person shall reside in the premises during the currency of this lease.”

It is the responsibility of the owner to ensure that the names of all persons entitled to reside in the property are clearly enumerated in this clause and that the number of persons so indicated does not exceed that laid down in section 13 of these Rules.

6. The owner of the property is required to provide a copy of the signed lease to the Trustees, on demand, in the event of any dispute.

C. ACCREDITION OF ESTATE AGENTS

1. Should an owner want to sell or lease his/her property, only an accredited Estate Agent, registered with the Estate Agency Affairs Board, may be selected to manage the sale or lease.

2. Proof of Accreditation of Estate Agents may be requested by the Association from time to time.

3. Only standard “For Sale” boards approved by the Local Authority will be allowed outside the complex.

4. No Real Estate signage is allowed within the complex.