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Provincial Gazette for Limpopo No. 3126, 09 December 2020, Vol 27, Page 6

20201209 - Provincial Gazette for Limpopo No 3126 of 09-December-2020, Volume 27, page 6

Page	6 of 12
Gazette	Provincial Gazettes (Limpopo), No 3126, from 09 December, 2020
Notice	Page No. 4 of 10, Notice No. 146, Maruleng Local Municipality Spatial Planning and Land use Management By-Law, 2016 » Declaration of Hoedspruit Extension 15 as approved township

6    No. 3126        PROVINCIAL GAZETTE, EXTRAORDINARY, 9 DECEMBER 2020

1.15     LAND TO BE TRANSFERRED TO THE NON PROFIT COMPANY (HOMEOWNERS'
                              ASSOCIATION)

Erf 1512 in the township shall be transferred to the non-profit Company (Homeowner’s
                              Association) as the first transfer after proclamation of the township, by and at the expense
                              of the township owner.

The erven may not be transferred by the non-profit Company.

2.     CONDITIONS TO BE COMPLIED WITH BEFORE THE ERVEN IN THE TOWNSHIP BECOME
                      REGISTRABLE WHICH SHALL BE READ WITH THE CONDITIONS OF ESTABLISHMENT

2.1     INSTALLATION OF INTERNAL AND EXTERNAL SERVICES

A certificate issued in terms of the provisions of the Maruleng Local Municipality Spatial
                              Planning and Land Use Management By-Law, 2016 must be lodged with the first transfer
                              or with any other act of registration such as the issuing of a Certificate of Title.

The township owner shall install and provide internal engineering services in the township
                              as provided for in the services agreement.

The  services  agreement  shall  determine  which  external  engineering  services  for  the
                              township shall be install and provided by the Local Authority.

2.2     RESTRICTIONS ON THE ALIENATION OF LAND:

No transfer or registration transaction of any Erf, Portion or Unit shall be done without the
                              consent  of  the  local  authority,  which  consent  shall  certify  that  all  conditions  of
                              establishment,  endowments  have  been  paid,  engineering  contributions  or  any  other
                              obligations in terms of any agreement or imposed on the township owner including those
                              contained under condition 3.3 herein have been complied with.

2.3     THE TOWNSHIP OWNER’S/DEVELOPER’S OBLIGATIONS

2.3.1   MEMORANDUM OF INCORPORATION

The  township  owner  must  at  his  own  cost  establish  a  Non  Profit  Company
                                     (Homeowners’ Association) in terms of the provisions of the Companies Act,
                                     2008 (Act 71 of 2008).  All the owners of erven and/or units in the township
                                     must become members of the Non Profit Company.  A copy of the registered
                                     Memorandum  of  Incorporation  must  be  submitted  to  the  Maruleng  Local
                                     Municipality.

The Memorandum of Incorporation must clearly state that the main objective of
                                     the Homeowners’ Association is the maintenance of the Non-Profit Company’s
                                     property  and  the  internal  engineering  services  of  the  township  (i.e.  water,
                                     sewerage, electricity, roads and stormwater) and the aesthetical evaluation of
                                     building plans.  The township owner is deemed to be a member of the Non
                                     Profit Company, with all the rights and obligations of an ordinary member, until
                                     the last erf has been transferred.

2.3.2   PROVISION OF ENGINEERING DRAWINGS

The township owner shall submit to the Maruleng Local Municipality complete
                                     engineering drawings in respect of internal sewers and sewer connection points
                                     and complete detail design engineering drawings in respect of the internal road
                                     and storm water sewers as well as water and electricity services, prior to the
                                     commencement of the construction of the said services.

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