home owners handbook & estate rules - Pam Golding Properties

HOME OWNERS HANDBOOK&ESTATE RULESIssue No. Seventh Edition – October 2011Reference No: Erf No:Owner Signature:Date:Page 1 of 24

INTRODUCTION:One of the main objectives of the development of Diemersfontein Wine and Country Estate isthe provision and maintenance of a high quality lifestyle for Owners, based upon thepreservation of the natural beauty and resources of the Estate.The intention of the Trustees in drafting the Owners handbook is to protect this lifestyle andenvironment. The Estate rules have been established in terms of the Constitution of theDiemersfontein Homeowners Association and are annexed thereto. They are binding upon allEstate owners as is any decision taken by the Trustees in interpreting these rules.The registered owners of properties are responsible for ensuring that members of their families,tenants, visitors, friends and all their employees abide by these rules.IT IS IMPORTANT FOR A BASIC UNDERSTANDING OF THE OPERATION OF THE ESTATE, THAT EVERYOWNER IS THOROUGHLY FAMILIAR WITH ALL THE INFORMATION CONTAINED IN THIS HANDBOOKThis HANDBOOK is issued by the Diemersfontein Home Owners Association [DHOA] to eachregistered Owner.In the first instance it is issued free. Additional copies of this handbook may be obtained from theDHOA for the payment of a fee.Page 2 of 24

CONTACT NUMBERSCONTACT TELEPHONE FAX EMAIL ADDRESSDIEMERSFONTEIN WINE & COUNTRY +2721864ESTATE5050P O BOX 41,WELLINGTON 7654.SOUTH AFRICAWINEMAKER –Brett Rightford +27218645050MARKETING MANAGER – +27218645050WINE SHOP SALES +27218645050GUESTHOUSE MANAGER +27218732671PROPERTY SALES CENTRE+2721864Dawn Arendse5050083 316 0858HORSERIDING – KATRIN STEYTLER 021 873 1241082 335 8132FISHING CLUB O21 872 0516BIRDWATCHING 021 872 4972WATER DEPARTMENT 021 873 1121ELECTRICITY 021 873 1121ESKOM 021 873 1121SEWERAGE DEPARTMENT 021 873 1121ESTATE SECURITY 021 864 5050S A POLICEFLYING SQUADFIREAMBULANCEDRAKENSTEIN MUNICIPALITY+2721BERG RIVER BOULEVARD8074500PAARL, SOUTH AFRICAP O BOX 1, PAARL 7622ESTATE MANAGER Freddie Steytler +27218645050084 458 7701+2721864 wine@diemersfontein.co.za2095hospitality@diemersfontein.co.zaproperty@diemersfontein.co.zawww.diemersfontein.co.za+2721864 winemaker@diemerstontein.co.za2095+2721864 wine@diemersfontein.co.za2095+2721864 tastingroom@diemersfontein.co.za2095+2721873 hospitality@diemersfontein.co.za4526+2721864 property@diemersfontein.co.za5092+2721864 steytlers@mweb.co.za2095+27218728054 ceo@drakenstein.co.za+27218642095 steytlers@mweb.co.zaPage 3 of 24

The Diemersfontein Wine and Country Estate consists of:-• The Farm [Vineyards] }• The Winery and Wine Court }}Assets of Diemersfontein Wines• The Guest House and Conference Facility and amenity areas.The Residential Estate - The Hills, The Valley, The Village• The Equestrian CentreThe entire property is secured by electrified perimeter fencing with 24 hour controlledaccess/egress and guard patrols. The complete security system and controls has been installedand is operational.All facilities within the Estate are accessible for the enjoyment of Estate owners subject to thecompliance with the operating procedures of each business entity and/or the Estate and localmunicipality rules.The structure of the entities within the Estate is illustrated on the opposite page.THE DEVELOPERThe developer comprises two companies, namely Diemersfontein Properties (Pty) Ltd andDiemersfontein Village (Pty) Ltd. Diemersfontein Properties is the property subsidiary ofDiemersfontein Investments, which is the developer of all the sites with the exclusion of TheVillage, which is being developed by Diemersfontein Village (Pty) Ltd, a consortium, whichincludes two UK investors and Diemersfontein Properties (Pty) Ltd.The farm Diemersfontein is owned by David and Susan Sonnenberg whose family have lived onthe farm for three generations. The farm has been cultivated since the 1700’s but initially it was adairy farm. In the mid 1900’s export fruit and grapes for cooperative production became anintegral part of the agricultural activity. The completion of the cellar in 2001 saw nearly 300years of farming coming to fruition with the establishment of Diemersfontein’s own wine label,which has won awards each year since its 1 st vintage.Page 4 of 24

The developer is entirely responsible for the design, infrastructural development, [roads, fencingservices etc.] the sale of land and the aesthetic theme of properties constructed and sold onthe Estate. The development of a residential element within the Estate completes the realisationof their vision. In developing Diemersfontein Wine and Country Estate, the Developer’s objectiveis to create both a secure living environment of enduring quality and excellence, and adevelopment which residents and all stakeholders will continuously aspire to be a part of.The developer controls all the buildings and gardens and has appointed control panels ofselected contractors [architects, building contractors and landscapers] approved as suitable towork on the estate. Assistance with all aspects of design, building, choice of materials isavailable. It should be noted that owners agree to comply with these design controls when theysign their contract of sale. Diemersfontein Village has its own design controls which are insympathy with these controls.A Sales Centre, situated next to the Wine Court is maintained to serve the sales service needs ofall clients. The Developer is responsible for mandating the estate agency who will sell propertieswithin the estate. The nominated agency is required to provide professional sales consultant/swho are exclusively dedicated to selling the estate properties. The sales consultants arerequired to assist the owner not only with his property purchase but to provide an on-going clientservice whenever it is required. The Developer practises and encourages full cooperation withthe DHOA and all other business operations which function inside the estate.DIEMERSFONTEIN FARMS (Pty) Ltd is the owner of all the agricultural land. It also leases back thevineyard component on the wine vineyard smallholdings for a [renewable] period of 25 years. Itis therefore responsible for all costs in relation to the agricultural activity on the site.DIEMERSFONTEIN WINES (Pty) Ltd controls the wine cellar operation, the wine tasting area, wineshop and the restaurant.DIEMERSFONTEIN COUNTRY HOUSE (Pty) Ltd operates the guest house, conference/functionfacility, and the restaurant.THE EQUESTRIAN CENTREThe superb on site horse riding and trail facilities are privately operated by Fynbos Trails.Page 5 of 24

RULES OF THE ASSOCIATIONHOUSE RULES MADE IN TERMS OF THE CONSTITUTION OFTHE DIEMERSFONTEIN HOMEOWNERS ASSOCIATIONINTRODUCTIONLiving on our Estate is being part of an exclusive community of families who share a secure andspecial lifestyle. The objective of the House Rules is to protect this harmonious lifestyle for thecommunity through an acceptable code by which members may live together withoutinterfering with others’ enjoyment, to the benefit of us all.In the event of differences or annoyances, the parties involved should attempt as far as possibleto settle the matter between themselves with respect, tolerance and consideration.The Trustees of your Association, elected in terms of the Constitution, are given the task ofmaking rules for the management, control, administration, use and enjoyment on the Estate.The Trustees have the power to substitute, add to, amend or repeal any rules.Please see these rules as neither restrictive nor punitive, but rather as a judicious framework tosafeguard and promote appropriate, sensible and fair interaction between everyone.The Trustees do have the right to impose financial penalties to be paid by those members whofail to comply with the rules. Fines, if reluctantly they have to be imposed, shall be deemed tobe part of the levy due by the Member. Whilst it is hoped that it will never be necessary, theTrustees may enforce the provisions of any rule by application to the courts.The Trustees are very willing to consider any constructive suggestions for reasonable additions,omissions or amendments to these house rules. Such suggestions should be submitted in writingto the Estate Manager.DEFINITIONS, INTERPRETATIONS AND DELEGATIONIn these House Rules, unless it appears to the contrary, either expressly or by necessaryimplication, the words and expressions shall have the same meaning as those defined in theDiemersfontein Homeowners Constitution. Any person who breaches or fails to comply with anyprovision of these House Rules or any conditions imposed or directions given in terms thereof,shall be liable for the payment of the relevant penalties which may be instituted by theAssociation. The Association’s Trustees may delegate their powers to the Estate Manager or to anominated Managing Agent.Page 6 of 24

FOR EASE OF REFERENCE THESE CONDUCT RULESARE LISTED IN ALPHABETICAL ORDER1 ABUSE1.1 Should a member believe he has been the recipient of unreasonable behaviour from anyperson employed in the Estate operation they are requested to report the matter to theAssociation in order that this matter can be resolved correctly.1.2 Whilst it may be frustrating for a member to have to wait at the entrance gate whilst thesecurity guard is carrying out his duties with a visitor in the car in front of you, PLEASE BEPATIENT and remain polite to the guards. The guards are given procedures to follow andare not allowed to deviate from their instructions.1.3 Any member who causes damage to the vineyards, open areas or estate facilities will berequired to pay for the repair of such abuse or damage together with a fine of no lessthan R100 to a maximum of R10 000 or such amount as determined by the Board fromtime to time dependent upon the severity of the offence.2 ACCESS CARDS2.1 All members and their families who permanently reside within the property, are required toeach have a security access card.2.2 Members are eligible for an access card from the date on which the property istransferred into their name.2.3 Guests of owners and tenants are required to have temporary access cards2.4 Access cards are issued at the Estate Management Office.2.5 The first issue of the member’s cards is free, but guests and tenants will be levied a charge.2.6 A charge will be made for the subsequent issue of cards in the event that these are lost ordamaged.2.7 PLEASE REPORT A LOST OR STOLEN CARD immediately to the Estate Management office inorder that such card may be cancelled from the computer records.2.8 A domestic employee working on the Member’s property must also be in possession of asecurity access card. Refer DOMESTIC EMPLOYEES for further details.3 AESTHETICS-General3.1 The spatial arrangement of the dwellings at Diemersfontein will reflect the traditionalconcepts of Cape Venacular. All buildings will be designed and positioned in such a waythat they become an integral part of the natural landscape and vineyards of the Estate.3.2 The Estate is enhanced by common property consisting of open areas, dams, ponds,water features, community facilities, roads and infrastructural services.Page 7 of 24

3.3 The perimeter of the farm is enclosed with electrified perimeter fencing with controlledaccess.3.4 The development site plan which is signed with the sale documentation illustrates both thecurrent and planned future property development areas of the estate.3.5 The residential estate is run by the Diemersfontein Wine and Country Estate HomeownersAssociation [DHOA]. Purchasers [property owners] are obligatory members of theAssociation.4 AESTHETICS-Architectural language4.1 In order to procure compliance with the general nature and amenity of the Estateobviously some form of pattern and order, based upon the overall plan, has to beobserved in order to maintain the desired style and ambience of our unique Estate.4.2 The Architectural Design, Garden Landscaping controls and Environmental Managementplan [which are signed by the member as an annexure to the contract of sale] are usedto ensure that the Estate is developed in the best possible way by ensuring certainparameters within which all members must conform.4.3 It is the members’ responsibility to check with the Association they are in possession of thecurrent edition of these controls before commencing with any development and/ orextension within the boundaries of their property.4.4 To this end, approved control schedules are published covering the following:-5 AESTHETICS-Dwellings5.1 Prior to the commencement of house design, the Project/Estate Manager should beconsulted for advice regarding the various required procedures.5.2 Prior to the commencement of any earthworks or construction work, proposed plans arerequired to be submitted to the Association’s Architectural Review committee. Thereafter,[subject to the plan approval] the plans have to be submitted for official approval to thelocal authority.5.3 Every alteration to a building, attachment to a building [plaques, awnings, air conditioningunits etc] erection of or alteration to fencing/garden walls etc, must also have prior writtenpermission from the DHOA.5.4 These controls are necessary to ensure that the amenity of the Estate is maintained at alltimes and that neighbours and others are not inconvenienced or compromised.5.5 These controls ensure all owners “Safety of Investment”6 AESTHETICS-Approval of plansPage 8 of 24

6.1 All house design and garden layout plans are to be submitted to and approved by theAssociation’s Architectural Review Committee before being forwarded to the DrakensteinMunicipality for approval. No member may commence the primary construction of theirhome or further additions/extensions until all the relevant permissions have been granted.7 ADVERTISING7.1 Posters or promotional material of any nature may not be erected either within theboundaries of the members property or the Estate.8 AERIALS8.1 Includes television, satellite, radio and any other type of aerial to be erected within theboundaries of the property. Refer ADG for further details.9 AIRCONDITIONERS AND PLANT9.1 Noise level must be controlled within specified limits.10 ASSOCIATION10.1 The Diemersfontein Home Owners [Estate Management] Association [DHOA] is anassociation of all purchasers [i.e. estate homeowners] to which is assigned the job ofmanaging and running the Estate to the benefit of all. It is YOUR association. It is a legallyregistered association having no share capital – i.e. it is a body corporate established interms of Section 29 the Land Use Planning Ordinance No. 15 of 1985 more fully describedin Clause 2 of the Constitution.10.2 The Association is legally bound by the registered Articles of Association [its constitution]which lays down all definitions, procedures and regulations. The full Articles of Associationare available for viewing at the management offices and copies are available at anominal charge.11 ASSOCIATION-Membership11.1 With the purchase of a property [i.e. an unimproved or improved property] goesobligatory membership of the Association which in turn confers one voting right. (It shouldbe noted that it is the initial “membership” that bestows the single vote and not thenumber of properties purchased).11.2 Multiple ownerships [joint ownership, trusts, close corporations, companies, syndicates, etc]are required to nominate one party only as ‘the member’.11.3 Owners may NOT resign their membership for the duration of their ownership of propertyon the Diemersfontein Wine and Country Estate.12 ASSOCIATION-ManagementPage 9 of 24

12.1 The Associations is run by the members.12.2 Being a registered company, the Trustees are elected by the members at the annualgeneral meeting.12.3 The prescribed business of the Association, through the Trustees, is to:12.4 Control, manage and administer the Estate and to maintain the common property.12.5 In furtherance of this the Board may:12.5.1 Hire, contract or assign officials or firms to carry out services12.5.2 Raise funds, to accomplish their duties, by way of levies.12.5.3 Appoint individuals or committees as required for advice and assistance.12.5.4 Make rules to regulate the conduct of members to the benefit of all and imposefinancial penalties for non-compliance.12.6 The Board’s aim is to establish, nurture and maintain a culture of a cooperative, happyand unique quality lifestyle on the Estate, whilst properly and efficiently running the day today functions and maintaining and improving the value of the property as a whole.12.7 To support these objectives the Board appoints Committees, normally with residents asmembers to facilitate on matters regarding the running of the Estate and to receive andrecommend on suggestions, requests or any potential or perceived problems.12.8 The Board sets the policy and appoints staff to carry out that policy and to directly attendto the day to day running of the Estate in conjunction with the Wine Company andHospitality operations.12.9 During the formative years of the Estate [ie: the Development Period] the Constitutionrequires the Trustees to consist of not more than five members, which will consist of threepersons appointed by the Developer and two members by the Estate Owners.12.10 The two Trustees appointed by the Developer to the Board shall be Chairman and ViceChairman of the Board. The Development Period is defined in clause 1.1.14 of theConstitution.12.11 Subsequent to the Development Period the number of Directors and election thereof shallbe decided by the members at the Annual General Meeting. In addition to this, theretiring board shall be entitled, at its discretion, to nominate two of its members to serve ascontinuity directors on the incoming board for the ensuing year. Subsequent to theDevelopment Period the Developer shall be entitled, at his discretion, to annually appointone Director of his choice to the Board.13 AWNINGS13.1 Refer to the ADG for guidance.14 BICYCLES14.1 Non motorised bicycles may be ridden on the Estate roads and marked cycle trails. It isnot permitted to ride any form of private vehicle through the vineyards.Page 10 of 24

15 BIRDS15.1 Written Permission must be obtained from the Association for the keeping of caged andnon-caged birds on the members’ property. [This is applicable to birds which would notbe kept inside the members dwelling].16 BOATS16.1 To be stored within the members’ residential area of their property must not be visible toeither adjoining neighbour’s property or roads.17 BOATING17.1 Only non-motorised boats may be used on the Estate lower dams with permission of theEstate Manager.18 BOOMS18.1 It is an offence to tailgate at the gatehouse or internal security booms.19 BRAAIS19.1 No braais may be undertaken in any public area within the Estate unless in an areasignposted as specifically designated for this facility.20 BUSINESS OPERATIONS20.1 Unless written permission has been granted by the Association, a member’s property maynot be used for business purposes. The Association will consider all business operationapplications based upon criteria of what is in “the best interests of the Estate.”21 CATS21.1 Cats are animals which cannot be controlled and contained within the member’sproperty and they are not permitted as pets on the Estate, except with prior approval.22 CAMPING22.1 Is not permitted anywhere on the Estate.23 COMPLETION [OCCUPATION] CERTIFICATES23.1 Prior to occupation and as required by the Association and Drakenstein Municipality acertificate of completion must be issued by the members Architect/Builder for allcompleted dwellings within the Estate.24 COMPLIANCE WITH HOUSE RULESPage 11 of 24

24.1 All members are responsible to ensure that in addition to themselves, all their familymembers, visitors [including service providers and others employed by the member]comply with these rules.25 CONTRAVENTION OF HOUSE RULES25.1 The DHOA has the capacity to warn, discipline and or fine any member who is incontravention of these House Rules.26 GUEST HOUSE26.1 Estate owners will be accorded a discounted accommodation rate [subject to roomavailability] should they require to accommodate their visitors in the Guest House.26.2 The Guest House management [subject to availability] will be pleased to arrangefunctions for Estate Owners, the cost of which would be individually negotiated betweenthe parties.26.3 The facilities of the Guest House, private garden and swimming pool are private.27 DAMS27.1 Fishing is only allowed in the Estate dams in conjunction with the rules of theDiemersfontein Fishing Club.27.2 Diemersfontein Wines is responsible for all maintenance and repairs to the Estate dams.28 WENDY HOUSES & SHEDS28.1 WENDY HOUSES & SHEDS - Permanent structures on members’ property are not permitted.29 DOGS29.1 Each residence is permitted to have 2 dogs only after they have installed an inductioncable system around the perimeter of their property or building platform and the dogswear the required sensor collar at all times.29.2 Owners must register their dogs with the Association.29.3 A numbered disc for each dog will be issued and must be attached to the dog’s collar atall times.29.4 The dog/s must be contained within the owner’s property at all times.29.5 When outside the owner’s property the dog/s must be on a leash at all times.29.6 In the spirit of good neighbourliness it is desirable for the dog’s owner to remove anyfouling made by the dog on both their property and within the boundaries of the Estate.29.7 The Association is empowered to institute penalties in the form of fines against owners whorepeatedly transgress these conditions.30 DOMESTIC REFUSEPage 12 of 24

30.1 Each household is required to provide a standard rubbish bin/s placed in a suitableposition, not visible from the street or by adjoining neighbours.30.2 Refuse is to placed in a wheely bin and will be collected weekly.30.3 The estate management office will advise the refuse collection day.30.4 It is not permitted to burn household or garden refuse either within the owner’s property oron any area of the Estate.30.5 Where any item of refuse is of such size or nature that it cannot be removed by the RefuseRemoval Service the member must contact the Association who will advise the method bywhich such refuse may be removed. All costs incurred for the removal of such refuse willbe for the member’s account.31 DOMESTIC STAFF31.1 No domestic employee is permitted to be resident at any time on the members’ propertyor on any other area within the Estate.31.2 Every domestic employee, prior to being engaged to work on the Estate, must beregistered by the member with the Security company at the estate management officeand issued with a proximity disc for access and with an identity card.31.3 All employees have to be registered for daily access to the Estate and it is the responsibilityof the member to complete the “Domestic & Gardener Registration Form” (available onthe Intranet) and to return this form together with a copy of the relevant ID to the securitymanager, otherwise the employee will not be allowed to enter the estate.31.4 Full details regarding the employee and their ID document will be required in order thatthey can be registered for daily access and egress.31.5 When a domestic worker leaves or is discharged the owner must PLEASE immediatelyinform the Association’s office to allow cancellation of the access disc and card.31.6 Should an owner require to employ the services of a resident nurse for serious medicalreasons either on a temporary or permanent basis, an application must be made to theAssociation where this permission will not be unreasonably withheld.31.7 No domestic worker is allowed to walk on the Estate as of 1 January 2012 and it is theresponsibility of the member to provide transport for the domestic worker to and from theaccess gate.32 OFF ROAD VEHICLES32.1 Written permission must be obtained from the Association prior to the use of these vehiclesanywhere within the Estate.33 EQUESTRIAN CENTRE:33.1 Excellent horse riding and horse trail activities are currently available on the Estate.33.2 Members are not permitted to undertake any activity with the horses on the propertywithout the authorisation of the Estate Manager.Page 13 of 24

34 ESTATE AGENTS34.1 During the development period of the Estate, the Developer in consultation with theAssociation will nominate the estate agency/ies to sell both first sale and resale properties.34.2 The resale procedure details are contained in the RESALE clause in Clause 122.2 off theConstitution.35 FARM35.1 The working areas of the farm – which include all the vineyards - are under the control ofDiemersfontein Wines. A Map is available defining these working areas.36 FARMING PROGRAMME36.1 Members are not permitted to prevent any farm activity from being implemented at anytime. A copy of the annual farming programme which schedules when specific tasks willbe performed is available at the Estate Management office.37 FARM ACTIVITIES37.1 Members may not interfere with any farm activity or give instructions to any farm worker.37.2 Should a member have a problem with any activity or worker this should be discussed withthe Estate Manager.38 FENCES38.1 Refer to the Architectural Design Controls for conditions and types of fencing which maybe constructed.39 FINES39.1 The Association has the power to decide upon and impose fines against members whocontravene the House Rules.40 FIREARMS40.1 Members who are in possession of firearms which will be housed within their property mustensure that a licence for such firearms can be produced upon request. The Associationinsists that if firearms are left on the Estate, they should be locked in firearm safes.40.2 It is an offence for a member to discharge a firearm on the Estate other than if this act wasperformed in self defence and for the protection of person and/or property.41 FIRES41.1 The lighting of open fires anywhere on the Estate is prohibited.42 FIREWORKSPage 14 of 24

42.1 Under no circumstances must fireworks of any nature be let off anywhere on the Estateunless permission has been granted by the Association.43 FISHING43.1 If more than six residents express interest, a Fishing Club will be established to determinethe conditions under which this activity may take place.44 FLAG POLES44.1 Written permission for the erection of a flagpole is required.45 FUNCTIONS45.1 Whilst members are at liberty to hold private functions at their home these should notcause nuisance or inconvenience to other residents.45.2 The Estate Management office must be advised with details of all transient visitorsattending a members function in order that the correct security and parking proceduresare followed45.3 Members are encouraged to negotiate with the Guest House Manager for the use of theGuest House conference room for large functions.46 GARDENS – INSTALLATION46.1 In order to procure compliance with the amenity of the Estate, approved LANDSCAPINGDESIGN CONTROLS and PLANT LISTS are in place.46.2 Members must submit a garden landscape layout plan to the Association for approval nolater than three months from date of occupation.46.3 Weather permitting, new gardens must have been installed within six months of their planhaving been approved.46.4 Gardens may only be designed and installed by the approved garden landscaper/s.46.5 The approved contractor installing the member’s garden must maintain same for a sixmonth growing in period. Members are reminded to ensure that this cost is either includedin their quotation or the monthly amount payable is negotiated and agreed by bothparties prior to the garden being installed.47 GARDEN MAINTENANCE;47.1 The Estate is laid out to an environmentally planned and horticulturally designed theme.47.2 All common area gardens at open spaces, around the gate house,Village front gardensislands in roadways, sidewalks, water features, dams and at any community facilities aremaintained by the garden contractor at a cost which is included in the levy and paid ona pro rata basis by estate owners, the vineyard, the wine court and the country house.Page 15 of 24

47.3 Maintenance by the Association’s garden contractor is obligatory immediately after thecompletion of a six month growing-in maintenance period which is carried out by thegarden installation contractor.47.4 Standard garden maintenance DOES NOT include garden watering. This is extremelylabour intensive and owners [especially if not permanent residents] are encouraged toinstall an automatic irrigation system.47.5 Residents requiring additional services such as pruning and replanting are at liberty tonegotiate and to deal directly with the main contractor [or one of the approved panel oflandscapers] for any once-off or ongoing extras required.47.6 Estate management will meet daily with the garden contractor’s representative and anyproblems or complaints regarding the garden maintenance service should be written onthe form available at the office. This ensures that problems are noted and communicatedpromptly for action and resolution.47.7 Plant lists are attached to the Environmental Management Plan which is signed by allowners with the sale documents. Copies of this list are available at the office.47.8 It is NOT PERMITTED to burn garden refuse.47.9 Soft gardening off cuts/lawn cuttings and other compost-able items should be placed inplastic bags and collected from the member's property by arrangement with the EstateManager. Where possible these will be used on the farms compost heaps.47.10 Under no circumstances may garden [or household] refuse be put out and left overnightor over weekends.48 GARDEN SHEDS48.1 Members should accommodate storage of garden implements and equipment within theconfines of the permanent structure of their dwelling.49 GAZEBOS49.1 Approved Gazebos may be erected, but the positioning requires written approval of theTrustees.50 GUESTS and TENANTS50.1 House guests are defined as non-paying persons who occupy the home of the memberwho is also resident during their guests stay or persons who are invited to stay as nonpayingguests in a members home whilst the member is not in residence.50.2 A tenant is defined as a person who has hired the home, but weekend letting is notpermitted.50.3 Members are responsible for the conduct of their guests at all times even though themember may not be in residence during their guests stay.50.4 It is the responsibility of the member to ensure:a) The suitability of their prospective tenantsPage 16 of 24

) That the Diemersfontein Resident Information Sheet (available on the Intranet) iscompleted and returned to the Security Manager, andc) That the tenant is introduced to the security manager prior to tenancy.51 GUEST ACCOMMODATION:51.1 The Diemersfontein Guest House has 18 rooms in which to accommodate overnight guestson either a bed and breakfast or bed, breakfast and dinner basis.51.2 The Guest House also handles functions, weddings and conferences. Refer clause 29 forreservation details.52 HOUSEHOLD / APPLIANCE REPAIRS:52.1 General repair of appliances as well as plumbing and electrical installations in a home isthe responsibility of the resident.52.2 In an effort to assist owners, the Association’s office keeps a list of available repair firmsand contractors who have indicated their willingness to carry out repairs.52.3 This list is maintained as a service but without obligation or guarantee from the Association.53 HOUSE NAME AND NUMBER SIGNS53.1 These must compliment the Estate signage and it is requested that members receiveapproval from the Estate Management office prior to erecting any signage on the exteriorof their property.54 HARMFUL SUBSTANCES54.1 No harmful substances may be stored on the member’s property. If for some reason it isnecessary for such storage, the Estate management office must be advised in order toensure that the conditions of the Estate insurance covers such risk.55 HELICOPTERS55.1 There is no formal helipad on the Estate. Please contact the Estate Management office ifthis facility is required in exceptional circumstances.56 HOUSEHOLD REFUSE:56.1 Information on the specified day/s for refuse collection is available from the Association’soffice. The disposal of garden refuse is dealt with in the rules section of this handbook.57 INSURANCE:57.1 Owners are responsible for the insurance of their houses and its contents.57.2 The Association insures all the common buildings and distributes a schedule to members ateach Annual General Meeting for approval.Page 17 of 24

58 LEVIES -The Budget58.1 The budget of the Association is estimated in advance for each year.58.2 The Association’s financial year commences on the first day of November of each yearand ends on the last day of October in the subsequent year.58.3 The budget consists of all items of expenditure likely to be incurred in the control,management, administration, use and enjoyment of the Estate in general and in particularof its common property, as well as income other than levies.58.4 The levy covers the shortfall estimated in clause 58.3.59 LEVIES -Payment:59.1 Levies are invoiced in twelve monthly instalments and PAYMENT IS DUE IN ADVANCE by the1 st of the month. Your Board does however allow a period of grace for the receipt of fullpayment until the 7 th of the month.59.2 Late payment of levies is surcharged with interest at prime overdraft rate plus 2% [two] orany other such interest rate as determined by the DHOA from time to time.59.3 Levy payments are to be made by monthly debit order.59.4 Owners should note that they remain responsible for the payment of levies even if theirhome is occupied by a guest or a tenant.59.5 Non payment of the invoiced levy amount and any deductions therefrom may not, underany circumstances be made by members to offset so-called or perceived partial or nonprovision of services.60 LEVIES -RESERVES:60.1 In all residential community developments there is the ongoing requirement formaintenance and renewal, as it becomes necessary, of common property [securityfence, gate houses, etc] and of general utilities [roads, storm water drainage etc.]60.2 In terms of clause 11.3 of the DHOA constitution each member shall pay 1% of the saleprice of his home, excluding VAT to the DHOA against transfer, such funds shall be addedto a reserve fund to cover capital improvements to the Estate and not to subsidise runningexpenses.60.3 Reserves shall be set aside by the Association for future planned maintenance andrenewal items, based upon a planned schedule covering up to ten years or more.60.4 PLEASE NOTE: The Association is NOT responsible for the maintenance and repair of anydams within the Estate which will be maintained in perpetuity by Diemersfontein Wines.61 LEVY STABILISATION FUND61.1 The Levy Stabilisation fund is established via a once-off obligatory payment of R5 000 byeach owner at the time of purchase and by the funds paid to the DHOA in terms of clause62 herof. The Board may review the R5 000 contribution from time to time.Page 18 of 24

61.2 The Levy Stabilisation Fund is specifically defined “for the purpose of meeting anyextraordinary expenditure or expenditure of a capital nature” – this provides a buffer forthe annual levy.61.3 The Trustees will invest the total annual interest earned on the capital sum in order toprovide an increasing capital fund for possible future expenditure for items not covered byreserves and/or insurance.61.4 A Levy Stabilisation Fund contribution must be paid every time there is a change inownership of an erf [improved or unimproved], the change of members in a closecorporation, shares in a company and in a trust62 LOCAL AUTHORITIES62.1 The Drakenstein Municipality is responsible in our area for the provision of water [bulk to theEstate], submission of accounts and infrastructure and commodities as well as for thereticulation and disposal of sewerage.62.2 Eskom is responsible for the provision of electricity and the Association for the submission ofaccounts to the members.62.3 Interruptions and/or faults in water and electricity supplies are reportable to EstateManagement62.4 Public amenities fall under the local municipality – roads, parks, libraries, building control,rubbish collection, protection services etc. You pay assessment rates to the localmunicipality to cover costs of these services.62.5 Building plans are required to be submitted to and passed by this Authority after approvalby the DHOA.63 OCCUPATION63.1 Not more than a total of 2 [two] persons times the number of bedrooms in the owner’sdwelling shall be allowed to stay or reside on the property.64 PARKING64.1 All members’ vehicles must be parked within their property and not on the commonproperty areas.65 POST:65.1 A physical street address in Diemersfontein is NOT a valid postal address as no deliveriesare made.65.2 Each owner will be responsible to obtain his/her own postbox at the local Post Office.66 PROPERTY MAINTENANCE-Common Property66.1 The gate house, gates, perimeter fence and community facility buildings are allmaintained by the Association and the cost is part of everyone’s levy. DiemersfonteinPage 19 of 24

Wines who manage the farm operation will be responsible for the maintenance of alldams within the Estate.67 PROPERTY MAINTENANCE-FREEHOLD DWELLINGS67.1 The maintenance of a freehold house internally and externally including all railings, werfwalls, fencing and roof is the responsibility of the owner and is therefore not taken intoaccount in the levy.67.2 Owners of freehold houses are required to maintain the exteriors of their houses to the highstandard expected in the Estate. In the case of default, the Association at its discretion,may order a contractor to carry out essential maintenance and charge the owneraccordingly.67.3 It is to be noted that the same standards of interior and exterior maintenance are to beadhered to by the owners of the Guest House, Winery, Wine Court, and any otherbuildings erected on the Estate.68 QUERIES/SUGGESTIONS/COMPLAINTS68.1 Owners should feel free at all times, through the Association’s office, to make suggestionsor raise any queries regarding anything to do with the Estate. The office is always willing toassist with reasonable enquiries. Requests will be dealt with as expeditiously as possible or,where necessary, referred to a higher authority.69 RADIO AERIALS69.1 No aerial may be erected on the member’s property without written consent from theAssociation.70 LETTING – MEMBERS PROPERTY70.1 To ensure that the security and lifestyle are protected for all members it is necessary that amember who wishes to let out their property advises the Association and completes theDiemersfontein Wine and Country Estate lease agreement.70.2 The Guest House Manager will gladly assist members to find suitable transient visitorsand/or longer term tenants for their property.70.3 Security procedures for tenants are dealt with under Clause 50 of this handbook.71 REPORTING71.1 Should any member have reason to report an incident of any nature whatsoever, this mustbe done directly with the Estate Manager who will take the appropriate action.72 RESALE OF PROPERTY72.1 A member shall not in any manner alienate any property [either unimproved erf orconstructed dwelling] unless he has complied with clause 98 of the DHOA ConstitutionPage 20 of 24

and shall first, in writing, have offered it for sale to the Developer in terms of clauses 121and 122 of the DHOA Constitution [or in the event of the Developer no longer being amember of the DHOA] the Association who, for a period of 7 [seven] days calculated fromthe date of receipt of the offer, shall have the right to purchase the unit upon the termsand conditions offered to it.72.2 In the event of the DEV/DHOA failing to exercise its right within the 7 [seven] days orwaiving its rights before the expiry of the said period, the member may either:-72.3 Accept any written offer which he may have received for the property, the terms andconditions whereof he had conveyed to the DEV/DHOA provided that the price and/orterms are no different to the purchaser than those offered to the DEV/DHOA, anyvariations of the price and/or terms and conditions being regarded as a fresh offer whichthe member shall again be obliged to convey to the DEV/DHOA and to which theprovisions of Clause 76.1 shall apply; or72.4 If there is no offer in existence at that time which the member can accept and he wishesto use the services of an estate agency, he is required to appoint the Estate Agencynominated by the DEV/DHOA with a sole mandate for a period of six months to sell theproperty to a third party under the terms and conditions negotiated by the DEV/DHOAwith the appointed estate agency.72.5 The Member and the approved estate agent [if applicable] shall be responsible to ensurethat the resale documentation and annexures prescribed by the DEV/DHOA are signedwhen concluding the sale of the member’s property.72.6 Upon transfer of any property whether the sale is concluded privately, through the agencyof an approved estate agent, by donation, upon the death of a member, or otheralienation by a member an amount equal to 1% [one percent] of the current purchaseprice of the property [or, if there is no purchase price, then of the fair market value of theproperty] shall be paid to the DHOA.72.7 For the purposes of Clauses 76.1 to 76.2 inclusive, the alienation by a shareholder of hisshares in a company owning a property or the alienation by a member of his member’sinterest in a close corporation owning a property or the alienation by a beneficiary of hisinterest in a trust owning a property shall be deemed to be the alienation of a property.72.8 The DHOA shall be responsible for investing such funds received into an interest bearingaccount with a bank or other financial institution approved by its members.72.9 In the event that the DEV/DHOA is presented with an offer to purchase a member’sproperty as required in clauses 72.1 to 72.2 whereby there are suspensive or specialconditions which they consider not in the ‘best interests of the Estate” and/or onerous toany party involved in the transaction, then they will have the responsibility to advise allparties concerned regarding such conditions.73 SECURITY:Page 21 of 24

73.1 The residential areas, the vineyard, wine court, guest house and all facilities within theboundaries of the Estate are covered by contracts with a single security company. A jointsecurity committee covering all estate entities oversees the overall operation of thisservice.73.2 Access by card/disc to the Estate is limited to residents, to registered domestic staff and toother authorised and security-cleared persons.73.3 All access to and exit from the Estate MUST be by access card/disc or by a signedstandard entry slip.73.4 Special application for temporary access cards [for a limited and specified period] forguests legitimately staying with residents may be made by the owner to the Associationoffice and a refundable deposit will be required against the issue of these cards.73.5 There are many persons other than residents who, of necessity, have to be on the Estate atany one time – contract garden workers, building contractors’ staff, delivery people,repair service companies and others.73.6 The Association is responsible for ensuring that the contracted Security company adheresto the controlled access/exit security procedures for all persons.73.7 Security consciousness should be maintained at all times.73.8 Security is a shared responsibility and security starts at your home.73.9 Owners are requested to report to security any suspicious or unlawful occurrenceimmediately it is seen or perceived.73.10 Security procedures for daily domestic staff are dealt with in a different section of thishandbook.73.11 When owners are away from their homes for a period longer than 48 hours, as an addedprecaution they should notify Estate Management of the departure and return dates inorder that their property can be put under additional surveillance.73.12 All visitors to the Estate are required to sign in at the gatehouse. Whenever possible,residents should notify security in advance of pending visitors and then they will beallowed onto the Estate without any problem. Should visitors arrive unannounced theguard is under instruction to telephone the resident being visited in order to seekpermission to allow the visitor access to the Estate. If the resident is unavailable andcannot be contacted, the visitor cannot be allowed into the Estate.73.13 Security reserves the right to check all vehicles arriving and leaving the estate.74 SERVICES / FACILITIES-:General:74.1 Utility services are provided in good faith and in the belief that they will be adequate.Every effort is made by the different authorities and departments to provide their serviceson a continuous non-stop basis. However, as with any house in any suburb of any town inthe country, no guarantee is nor can be given that all services will operate fully throughoutevery 24 hours year in year out.Page 22 of 24

74.2 Disputes do occur and such temporary inconveniences do not empower members toreduce required payments to the local authorities nor to reduce the payment of levies tothe Association.75 SPEED LIMIT75.1 The Estate speed limit of 30km for all vehicles must be adhered to at all times.75.2 Those found to be driving recklessly or dangerously will receive a warning. The nesxtoccurrence will result in a fine of R500. Members have the responsibility to notify security ofany such incidences, providing them with the registration number of the offending vehicle.If the driver is a member of the HOA, then the fine will be added to their levy account. Ifthe driver is a non-resident, they will not be allowed back onto the estate until the fine ispaid.76 SWIMMING POOLS76.1 The enclosure thereof must comply with all Estate and Municipality regulations.77 TELEVISION-AERIALS77.1 The installation and connection of terrestrial and satellite television is the responsibility ofeach owner.77.2 Positioning of satellite dishes and television aerials is subject to specific rules regarding nonvisibility from roads and unsightly to neighbours. Permission for the positioning must beobtained from the Estate Manager prior to installation.78 VEHICLES – FARM78.1 Members are not allowed to drive any farm vehicles unless they have received permissionfrom the Estate Manager.79 WASHING LINES79.1 Adequate provision must be made by the member’s architect to ensure these are notvisible to adjoining neighbour’s properties and/or roads.79.2 No garments, household linen or washing of any nature may be hung out or placedanywhere to dry, except in a drying area designated within the member’s property forsuch purpose.80 WINE COURT80.1 The restaurant, wine tasting and wine sales shop are facilities which can be enjoyed by theMembers subject to complying with the Wine Court’s business hours and operation.81 WINERYPage 23 of 24

81.1 Visits to the Winery cellar by both Estate owners and transient visitors will only be permittedby prior arrangement with the Wine Maker.81.2 It must be appreciated that the wine cellar is the engine room of the wine making processand therefore there will only be specific times when it is convenient to open the cellar tovisitors.PLEASE REMEMBER:The DEVELOPER:The HOME OWNERS ASSOCIATION:THE HOMEOWNERS HANDBOOK:determines, designs, develops, sets and controls the themeand sells the properties within the Estate.controls, manages and administers the day to day runningof the Residential Estate and maintains it for the future.From time to time it may be in the interests of the Estate tomake amendments to the handbook. Members arerequested to check periodically that they have the currentedition of this document.DIEMERSFONTEIN WINE AND COUNTRY ESTATEIS YOUR ESTATEA WONDERFUL PLACE TO LIVEA WONDERFUL LIFESTYLEPage 24 of 24