Estate Agents Accreditation Policy

1 Pre-Amble

Residents choose to reside in Fourways Gardens Residential Estate due to its peaceful and secure surroundings. It is the duty of the Board of Trustees to ensure that residents’ privacy is protected.

It is however, also the right of each owner/member to dispose of his/her property in Fourways Gardens Residential Estate and the Board of Trustees must ensure that such right can be executed with as little as possible disturbance to other members.

In order to curtail any disturbances and to comply with the Articles of Association of Fourways Gardens Homeowners Association, this policy is formulated. Agreements would be concluded with each individual Estate Agency to ensure compliance with the conditions. The Conduct Rules of Fourways Gardens Homeowners Association will thereafter be brought in line with this policy and agreement.

2 Permissible Transactions

A property transaction in Fourways Gardens Residential Estate, be it the sale, purchase or letting of a property, may only be executed by:

• (a) an Accredited Estate Agent.
• (b) the owner of the property and/or its legal representative.

3 Estate Agents Transaction

• 3.1 Accreditation

All Estate Agencies and Agents who are employed to conclude property transactions in the Fourways Gardens Residential Estate shall obtain prior accreditation from the Fourways Gardens Homeowners Association. Such accreditation shall include the signing of an agreement with the Fourways Gardens Homeowners Association and the payment of the required fees. An Estate Agent applying for

accreditation shall also provide the Fourways Gardens Homeowners Association with proof of registration with the Estate Agency Affairs Board or any other statutory or mandatory authority, prior to signing of an agreement.

• 3.2 Number of Accredited Estate Agencies

The number of accredited estate agencies will not be limited.

• 3.3 Accreditation Duration

The accreditation agreements with estate agencies will be valid for a period of 12 (twelve) months, expiring the last day of February each year and shall be renewable annually on the 1st (first) day of March, by written application in the prescribed manner by the Agent concerned. Any accreditation granted at any other time shall be for such portion of that year as remains and that agreement shall also expire at the end of February that year.

• 3.4 Accreditation Fee

An annual accreditation fee for estate agencies shall be determined from time to time by the Board of Trustees and shall become payable on the date of signing the accreditation agreement. No pro rata fee will be accepted and the full annual fee, irrespective of the date of the agreement and the accreditation, will become payable prior to such accreditation.

• 3.5 Accreditation Adjudication

The Fourways Gardens Homeowners Association reserves the right to approve and/or not to approve an application for accreditation. The non-approval of an application could inter alia be a result of non-compliance with the accreditation criteria, previous continuous breach of the agreement and/or any other related matter.

4 Fourways Gardens Homeowners Association Commitments

The Fourways Gardens Homeowners Association commits itself to take reasonable steps to provide the following service to accredited estate agents:

• 4.1 The provision of all Fourways Gardens Homeowners Association’s required forms for the conclusion of a property transaction, upon request.
  
  
• 4.2 The provision of showhouse lists and showhouse maps on Sundays.
  
  
• 4.3 Assurance that the Fourways Gardens Homeowners Association will endeavour to issue clearance certificates within 10 (ten) working days, provided all information/documents and payments are on hand.

5 Estate Agents Conditions

By signing the accreditation agreement, estate agencies accept the following conditions:

• 5.1 The Fourways Gardens Homeowners Association’s Articles of Association and Conduct Rules will be adhered to.
  
  
• 5.2 All procedures prescribed by the Fourways Gardens Homeowners Association for the conclusion of a property transaction will be followed.
  
  
• 5.3 Specific attention will be paid by estate agents in respect of the access control policy of Fourways Gardens Homeowners Association and due notification will be given to Fourways Gardens Homeowners Association of property transactions, including, without limitation thereto, the letting of property.
  
  
• 5.4 All estate agents shall apply individually for access to Fourways Gardens Residential Estate in terms of Fourways Gardens Homeowners Association access control policy and shall adhere to such policy at all times
  
  
• 5.5 The estate agency will inspect each property prior to the marketing of such property and should any contravention to the Conduct Rules occur on the property, such contravention shall be reported to the Homeowners Association and be recorded in the written memorandum of sale or lease.

6 Advertisements / Signboards

Estate agencies will be required to adhere to all conditions relating to the erection of advertisements/sign boards, which will be embodied in detail in the agreement, and will, inter alia, include the following:

• 6.1 No electronic and/or written and/or other advertisement/signboard may claim to represent the Fourways Gardens Homeowners Association and/or ignore and/or attach their own interpretation of the Fourways Gardens Homeowners Association’s Conduct Rules.
  
  
• 6.2 Ignorance of the by-laws/rules of the Greater Johannesburg Metropolitan Council in respect of signboards on public roads, be it within Fourways Gardens Residential Estate or outside, will jeopardise the existence of the agreement. Copies of such by-laws/rules can be obtained from either the Greater Johannesburg Metropolitan Council or the Estate Office.
  
  
• 6.3 No showhouse boards and/or for sale and/or to let boards may be erected in Fourways Gardens Residential Estate, except as permitted in the agreement.
  
  
• 6.4 No door- to door canvassing, advertisements, flyers or similar material for property transactions may be delivered to properties within Fourways Gardens Residential Estate.
  
  
• 6.5 Door-to-door canvassing for property transactions is not permitted and estate agents may only operate on a "by appointment” basis.

7 Owner Transactions

Should the owner execute his/her own property transaction, the following conditions shall apply:

• 7.1 A deposit, as determined from time to time by the Board of Trustees shall be paid by the owner to Fourways Gardens Homeowners Association prior to commencement (marketing) of the property transaction, which deposit will be refunded after the transfer of the property, less the cost of the clearance certificate and any other costs/fines/charges which may be due to the Fourways Gardens Homeowners Association, notwithstanding any other payments required in terms of the Articles of Association and/or Conduct Rules of Fourways Gardens Homeowners Association.
  
  
• 7.2 The owner shall notify the Estate Office and sign for the acceptance of all the conditions relating to a property transaction as embodied in this policy and the Estate Agency Accreditation Agreement and shall undertake to adhere to such conditions, free from the required fee levied on Estate Agencies. The said conditions shall apply to the homeowner mutatis mutandis.
  
  
• 7.3 Nothing in this policy shall preclude the Trustees of the Fourways Gardens Homeowners Association from granting an exception to any owner from compliance with this policy, upon application and on good cause shown.

8 Breach of Conditions

Provision will be made in the agreement that Fourways Gardens Homeowners Association will reserve its rights to take steps against any accredited estate agent that breaches any condition of the contract, this policy, the estate rules or any other direction, rule or law applicable to such estate agent or such transaction. It is therefore accepted that should any accredited estate agent breach a condition of the contract, such agent/agency may:

• 8.1 Be penalised by the Board of Trustees according to the penalties determined from time to time.
  
  
• 8.2 Have their accreditation summarily cancelled and/or not renewed;

9. Amendment

The Trustees of the Fourways Gardens Homeowners Association shall be entitled, at any time, and on written notice, to all accredited agents, to vary this policy or any agreement concluded hereunder at any time.

10 Adoption

It is hereby confirmed that the abovementioned policy was adopted in terms of a Resolution dated 31 January 2002 by the Board of Trustees of Fourways Gardens Homeowners Association.

Fourways Gardens Administration