Buying your own cottage on a Game Reserve – Equestrian – Country Estate in South Africa

1. How many cottages are for sale? 
   There are nine ‘plots’ for sale on which you can build your own cottage, but these are not ‘plots’ as you know them. This is an unusual and rare opportunity and is only possible because Kweekkraal has both Resort and Agricultural zoning. However, since Agricultural land cannot be subdivided, instead of buying a plot, you become a joint owner with nine other people of the whole 400 ha (900 acres) Estate with the right to build in a certain place. Just over half of the Estate is zoned as a private Game Reserve (see attached plan), with a herd of rare bontebok, and this area is being increased by removal of fences and so incorporating much of the Agricultural land into the Game Reserve. There are paddocks and stables for horses, and equestrian activities on the Estate are actively encouraged.

2. Is this a Share Block or Fractional Title scheme?
   No, although there are some similarities. Legally, the most appropriate structure for the Estate is a Close Corporation, and a Close Corporation can only have ten ‘Members’. A company cannot be a Member, some Trusts can, and you cannot have joint ownership. What you buy and sell is a ‘Member’s Interest’. Your attorney will explain to you the special way in which a Close Corporation works – it is particularly important that everybody is willing to get on with each other!

3. Can I get a bond?
   No, if you need a Bond you will have to raise this against the security of another property you own.

4. Who gets the money?
   Each of the ten members subscribes R825,000 for their Member’s Interest  in the Close Corporation that has been set up, called Tekoa Kweekkraal CC (“the CC”), and the R8,250,000 is used to purchase the Estate with certain improvements, such as additional water storage, a relocated electricity line, and so on, all as set out in (19) below. These improvements will be carried out by the existing owner of the Estate, Kweekkraal Management (Pty) Ltd (“KM”), either before or after transfer of title.

5. What do I get for my exclusive use?
   The Estate has been divided into two types of areas: Common Areas, which are about 370 of the 400 ha, and ten ‘Sections’ which are areas that are allocated exclusively to the ten Members. Within each Section or sub-Section is a designated Disturbance Area which is the area within which Members may build a cottage, grow approved plants, and keep pets.
   
   Each member pays 10% of the Levies and will have voting rights of 10% in the CC. The Member with the use rights for Section 1 is the First Member and is defined in the Agreement as the ‘Founding Member’.
   
   After much discussion, the advice is that the existing buildings should be in the Founding Member’s Section 1, so that the nine new Members do not have to contribute to the cost of maintaining them. Although the Founding Member only pays 10% of the Levies, he has to pay the cost of maintenance of these buildings (barns, stables, prayer hut), so overall the costs balance out. If the Founding Member fails to maintain the buildings, the CC can do this and recover the cost from him.
   
   There are five existing farm cottages on two of the Sections, but at least four of these (including the one in Section 2) will be demolished and the right to build relocated to another Section. The cost of demolition will be paid for by KM.

6. Tell me a bit more about these ‘Member’s Interests’:
   Here are some more details:

1. There will be ten ‘Sections’: Sections 2-10 for nine of the ten cottage plots, and Section 1 which comprises three sub-Sections: sub-Section 1A for the tenth cottage plot, sub-Section 1B for the Main House and cottages around the swimming pool, the two barns, the Prayer Hut, the stables, ancillary buildings, paddocks and field, and sub-Section 1C for the Stone Cottage, Ramstal and Game Reserve Cottage plot. See the Plans attached.
   
   
2. The Members with the interests in Sections 2-10 each pay 10% of the Levies, sub-Section 1A pays 4%, Section 1B pays 5% and sub-Section 1C pays 1%. The Founding Member will have the interest in Section 1, with its three sub-Sections and will pay 10% of the Levies and have 10% of the votes, although he does have a right of veto during his lifetime or ownership of his Section.
   
   
3. The dams, tree plantations, roads, paths, main gate, fences and the whole of the Game Reserve and remaining Agricultural land, will be Common Areas, and these will be maintained by the CC and the costs charged out through the Levies, or Service Charges.
   
   
4. The CC will have the right to approve any transfers (sales) of Members’ Interests with their accompanying right to the use of the cottage, and all of this is set out in the formal Association Agreement.
   
   
5. You are not allowed to transfer (sell) your Member’s Interest until all the Interests have been sold for the first time.
   
   
6. The Members may decide to appoint a Management Committee to look after the day-to-day management of the estate, particularly if there are a number of Members resident overseas. The Founding Member or his proxy will have the right to be a member of any such committee, and will have management control of the Estate until the final Member of the Close Corporation is accepted.
   
   
7. Those who want to use the equestrian facilities in sub-Section 1B may also form an Equestrian Management Committee to decide policies and look after the day-to-day management of these activities.
   
   
8. KM’s Auditors Mazars Moores Rowland of Cape Town are advising on the financial aspects of the scheme, and Herold Gie of Cape Town are attorneys for the CC and have drawn up the Association Agreement, the Subscription Agreement, and approved the House Rules.

7. Why is the farm being sold in this way?
   Kweekkraal has been farmed by the van Wyk family since the mid-nineteenth century, and has seen six generations of the family. In recent years Charles and Esme van Wyk have run Kweekkraal as a Guest Farm and countless people from many nations as well as South Africa have found it to be a place of special peace and rest. Many have come to the farm to spend time away from pressures that were proving too much for them, and have found in Charles and Esme a sympathetic ear, and words of encouragement and understanding. So for many people, Kweekkraal has been a place for restoration and healing.
   
   In 2001 as part of a restructuring exercise, the farm was sold to Kweekkraal Management (Pty) Ltd, and the Beulah Charitable Trust was formed and was granted a ten year lease of a barn, the silo that has become the Prayer Hut, and the Stone Cottage in the veldt. The Trust restored the nineteenth century barn as a Meeting room. The barn has been thatched and provided with a small kitchen, and is used occasionally for a wide variety of Church and Community events. The old silo has been thatched and converted into a Prayer Hut, where visitors can spend time in quiet meditation and reflection. The Trust also added new facilities to the Stone Cottage in the Game Camp, and this has been used by groups and individuals as a place away from it all, surrounded by the veldt and visited by the bontebok. In one of the blue gum plantations is a team building course, and several times a year multi-racial weekend youth camps have been held on the Estate.
   
   In 2006 Charles and Esme decided to retire, and their youngest son Charles Jnr has been running the Estate since then. He now wants to build up his growing architectural practice, and various options have been considered for maintaining Kweekkraal as a viable place for peace, recreation and refreshment.  The cottages all need some refurbishment work, but most of all the main house is in need of restoration. Under the existing roof sheeting is still the nineteenth century thatch, and it would be an exciting project to re-thatch the roof, form additional rooms in the roof space, and perhaps open up the view of the restored house from the N2 or for visitors to the Estate.
   
   In June 2007, planning permission was obtained for five additional plots, and with the existing five cottages (at least four of which will be demolished and the plots relocated into the new Sections) these will provide the nine new cottages needed to support the scheme and the restoration programme. Some of the funds released from the sale of Members’ Interests will fund the restoration of the main house, and through the Beulah Charitable Trust, make available holiday or rest accommodation on an occasional basis for those involved in Christian ministry and voluntary work.

8. Who is the Founding Member?
   Kweekkraal Management (Pty) Limited (“KM”), is ultimately owned by a family in the United Kingdom. Jim and Viv Thornton and their three children Catherine, James and Nick became involved as a result of the re-structuring in 2001. Jim will become the Founding Member of the CC, and Charles van Wyk Snr is willing to act as the first Estate Manager. Both Jim and Charles are committed to keeping Kweekkraal as a place where people of all nations come for rest, recreation and restoration.
   
   Jim Thornton is a Chartered Civil Engineer and Chartered Builder, with a first degree in Building Technology and Management, and a Masters degree in Econometrics. He was trained as a Civil Engineer in Zambia by Murray & Roberts of South Africa, but now specialises in Property Management in London. His main operating company manages nearly 3,000 flats in 120 blocks, and manages a further 500 flats for individual and portfolio investors. Other group companies are involved in Building Maintenance, property development, investment, and insurance, and there are currently 65 employees. Jim was for eight years an elected member for Hertford Castle Ward on East Hertfordshire District Council, but was thrown out of the Conservative Party in 2006 when he started his own party to oppose unacceptable behaviour by some of his colleagues. Although the fifteen candidates in the May 2007 election beat the Labour and Liberal Democrat candidates, coming second in an election is no success. Jim is a Reader (lay preacher) in the Church of England, and a Governor of Haileybury College, a well-known English Public School, and also Richard Hale School. He is on the Board of Tyndale House Research Library in Cambridge, and a Trustee of several charitable trusts.
   
   Viv is a nurse, specialising in palliative and hospice care. Although she has taken early retirement, she still works in the hospice occasionally, but her current enthusiasm is a B&B she has started, welcoming all sorts of people from around the country and all over the world. She has recently been Church Warden at St Andrews Church in Hertford. Catherine is a professional photographer, specialising in the needs of the developing world, James is a Chartered Accountant with PriceWaterhouseCoopers, and Nick is training as a Chartered Surveyor with a housing developer.

9. What will the main house be used for?
   There are no specific plans for the house, other than the intention that this should remain a family home. It might be let out, but the preferred option is that a family should occupy the house who would take responsibility for the cottages around the pool, the Stone Cottage and the barns. The hope is that this family would act as ‘hosts’ in the way that Charles and Esme van Wyk used to do, but it would be self-funded through external employment of a family member in Riversdale. There is no intention to run the reduced number of cottages, or the bedrooms in the house, as a B&B, nor to convert the house into a restaurant or retail use. The Founding Member is subject to the same House Rules on usage as the owners of any other Section. However, some latitude has been given to sub-Section 1B to ensure that uses can be found for the existing buildings on the farm that will generate income to finance their ongoing maintenance.

10. Are we allowed to build anything we like?
    It is important that each cottage fits into the landscape, and so for this reason a Design Manual giving architectural and landscaping guidelines has been drawn up and adherence to this will be mandatory. Charles van Wyk Jnr will approve all proposals on behalf of the CC, and is available to design and Project Manage construction of your own cottage, if you would like him to do so. Each cottage is limited to 120m² but attached is a design by Charles van Wyk Jnr showing how the use of a mezzanine and covered external space can make your cottage much larger. Each cottage will have views towards the Langeberg, and will be spread at about 80M intervals along an eco-friendly rural access road from the main security gate. The Design Manual provides for low energy use, natural materials, and timber from renewable sources, and the aim is to be eco-friendly in use, and if possible carbon neutral.
    
    
11. Financing the Construction of the Cottage on your SectIon:
    Since you own a Members’ Interest in the CC, and the CC owns the Estate, there are two things to note. As we have already pointed out, you cannot get a Bond secured on your Section or Interest, so any Bond you need will have to be secured on another property. Secondly, when you come to build, you will lend the CC the money, and the CC will pay your builder. This will be in the books of the CC as a loan due to you, and when you sell your Member’s Interest to somebody else, the loan goes with it. It is hoped to be able to register the CC for VAT, in which case you may be able to have refunded to you the VAT in your construction costs. However, the CC may put the recovered VAT on deposit (with interest accruing to you) until the auditors are satisfied that there are no issues with the tax authorities that need to be resolved.
    
    
12. So is my cottage my own?
    Your cottage is exclusively for your own use , and you can sell it, or buy your neighbour’s cottage through the mechanism of the Member’s Interest.  You therefore sell your ‘Member’s Interest’ in the CC, together with any loan account of monies owed to you.
    
    
13. Can I have a stable for my horse?
    Charles van Wyk Jnr has drawn up plans showing the refurbishment of the existing stables and piggery into 13 stables, two tack rooms and three feed stores. Since these stables are in one of the Founding Member’s sub-Sections, they will be ‘rented’ out on a first-come-first served basis. The ‘rent’ will cover the cost of ongoing repair and maintenance, and at October 2007 we believe a fair market contribution is about R400per stable per month including use of the surrounding paddock. In doing things this way, those who do not have horses or do not want the use of a stable will not have to contribute through the Levies to the repair costs of a facility they will not use. There is a non-Member who has expressed interest in renting stables as well, but priority will be given to Members. The Founding Member has the right to ensure that the Stables and Paddocks are fully utilised, and it is hoped that by opening up the Stables to outside use, there could be a facility for riding lessons and organised trekking for the benefit of Members and their guests.
    
    
14. Will there be a full-time groom on site?
    There are no plans to provide a full-time groom through the Levies, as this would be unfair to those who will not be keeping a horse on the Estate. However, if there is sufficient interest, some Members could agree to share costs, and the Founding Member may be able to provide on-site residential accommodation, although a rent will have to be paid as a contribution towards ongoing maintenance.
    
    
15. Can we use any paddock we want?
    The new paddocks between the road serving the cottages and the N2 are Common Area, and anybody can keep a horse there subject to the stipulations in the rules. There are three paddock areas in the Founding Member’s sub-Section 1B and one field. One of the paddock areas includes the Arena and Ring. This has been done as a way of ensuring fair use between Members, and also ensuring that the maintenance costs of these facilities are paid for only by those who use them. The Estate Manager will manage these facilities, and set the ‘rents’ at current market values, which we believe in October 2007 to be about R150per horse per month. Again, Members have first call on these facilities, but if there is low demand then the Founding Member has the right to allow non-Members to use them. The House Rules limit the number of Horses that a Member may keep on the Estate to two each, but this does not stop a Member negotiating to use the unused allocation of another Member or paying for stabling or paddock use in sub-Section 1B.
    
    
16. Can I store a horse-box on my Section?
    The House Rules try to keep the Sections as part of the rural atmosphere, and there are restrictions that are made for the benefit of all. The large barn is part of sub-Section 1B, but you are welcome to use this to store your horse box, boat or trailer, subject to space and subject to payment of a contribution to the barn maintenance costs. There is also an indoor badminton court marked out inside this barn for wet weather!
    
    
17. What other facilities are available in the locality?
    Riversdale is nine kilometres (five miles) drive, and is a good local shopping centre with a range of community facilities including a golf course, tennis and squash courts, a bowling green, airfield and museum. Kweekkraal is an excellent base for visits to places like historic Swellandam, Oudtshorn and its ostrich farms, Mossel Bay, and Witsand. Whales can be seen along the coast from August to November. Stillbaai (40 minutes drive) with its long white beaches and meandering river is ideal for sailing and water-skiing, as is the Korente Poort Dam (20 minutes drive).
    
    
18. Would we really be living in a Game Reserve?
    Most of the internal fences, other than around the paddocks, have already been removed so that game can begin to approach the cottages. Staying in a cottage at Kweekkraal will be living in an open, malaria free Game Reserve, where you can stable your horse, or go fishing for wide-mouthed bass in two of the dams, bird watching (71 species have been logged on the Estate and a list is available), whale watching, or visiting a range of interesting places in the neighbourhood. There are currently only two main fences remaining, but they will be removed when appropriate. One of these fences encloses a field of lucerne, and the Founding Member will retain the right until December 2010 to have exclusive use of this field, following which he will at his own cost remove the fence and the field will be incorporated into the Game Reserve. The other fence along the valley will be removed by KM on completion of construction works.
    
    
19. Who pays for the Roads and Utilities?
    In order for the new cottages to be built as self-contained units, there is a need for certain Estate works to be carried out, and this will be paid for by KM:

1. There is an existing overhead power line on timber poles that needs to be relocated so that it runs along the new access road, and does not spoil the views from the cottages. A contract has been signed with Eskom for this work, which will be paid for by KM, and a copy is attached. Members will be responsible for the cost of their own meter and connection to the mains electricity supply.
   
   
2. The attached Landscape Plan shows the design prepared by Kobus Geldenhuys for the new roads and paths. KM has formed the new access road and drives, compacted the subgrade, and surfaced the road from the main gate to the top of the hill with a sub-base of Grade 6 material. Following completion of construction, KM will make good any damage, but the intention is to leave the road as far as possible in a natural ‘farm’ condition providing it can be used by ordinary motor cars. Any further surfacing will be a charge on the Levies if the Members decide that something more is needed. Members will be responsible for the finishing and upkeep of any driveways on their Section and the road feeding it, and will share the cost with the neighbours if there is shared use.
   
   
3. KM will form the paths shown on the drawing, and these will be simple rustic tracks. KM will provide the 4.8M x 2.4M Viewing Deck and the 10M x 1.5M Jetty.
   
   
4. KM will provide the fencing for the paddocks in sub-Section 1B, including the fence and gate between the two main dams that forms the future boundary of the Game Reserve area.
   
   
5. Solar powered lights will be provided by KM along the main roadway to the main gate, fixed to the split-pole fencing of the paddocks.
   
   
6. The water distribution and filtering system will need to be extended and upgraded. Each cottage owner will be responsible for their connection to the main distribution line along the access road, together with the installation of a water meter, but KM will pay for the new filtration plant, an electric pump, the 50mm feed to the high level tank, the construction of this tank, and the 75mm main gravity feed line. Note that Sections 7-10 will probably need to install booster pumps to ensure good water pressure in their cottage.
   
   
7. KM will pay for the electric motor for the main entrance gate and the installation of a suitable entryphone system to which each cottage owner can make connection by means of a cell phone.
   
   
8. KM will install and pay for a high bounox fence along the N2 frontage of the Estate.
   
   
9. Each cottage builder will be responsible for providing its own septic tank, and for separating out grey water to be used for irrigation of permitted planted areas around each cottage.
   
   
10. KM will provide another Bontebok ram, and a pair of Red Hartebeest. Any ongoing care of these and the existing animals will be a charge on the Levies.
    
    
11. KM will provide an initial stock of wide-mouthed bass for the two main dams.
    
    
12. KM will contribute R100,000 to the supply and planting of indigenous trees, shrubs and plants as selected and planted by Kobus Geldenhuys.
    
    
13. The Polo Cross field shown on the landscape drawing will not be provided by KM nor will it be built at the present time. It is shown on land which is part of sub-Section 1B. However the Founding Member agrees that if the Members or some of the Members wish to construct this at a later date, or construct instead a level area for jumps, then permission to do so will be given subject to appropriate agreements on use, cost and maintenance.
    
    
14. In the event that the CC is able to recover input tax in respect of the acquisition of the property and construction costs, a proportionate repayment of loan account may be made to the relevant Member, subject to the CC’s funding requirements and administration costs. It is a condition of the transfer of the Estate from KM to the CC that any recovered input tax on the acquisition of the property will be repaid to the Founding Member by means of an entry on the Founding Member's loan account.

20. What restrictions will the CC put on the design of my cottage?
    Each Member will agree to construct their cottage according to the Design Standards set out in the Planning Permission and in the CC Design Manual attached. In summary, the Design Manual provides as follows:

1. The cottage must be built within the defined ‘Disturbance Area’ which is shown on the drawing and marked out on site. This is an area of 1200M2, 30M by 40M, within which you can build, keep pets, and plant a garden, subject to the House Rules.
   
   
2. Where possible natural materials are to be used, such as stone, or timber from renewable sources, and roofs are to be tiled with slate.
   
   
3. Although the internal space of each cottage is limited to 120M2, each cottage should have substantial areas of covered or open external living space and can incorporate a mezzanine due to the sloping nature of the site.
   
   
4. Water features, either swimming pools, plunge pools or garden elements are to be encouraged.
   
   
5. Members will be encouraged to specify solar heating systems and wind generators, natural ventilation systems, and have provision for open fire places.
   
   
6. Boundary treatment of the Disturbance Area to retain pets is carefully defined.
   
   
7. Cottages on Sections 2-10 have to be built within the two year currency of the Planning Approval.
   
   
8. Charles van Wyk Jnr will approve designs on behalf of the CC and is available to design cottages and manage their construction for Members.

21. What is included in the Levies, and how much will they be?
    An initial estimate of the annual Levies, or Service Charges, is attached, and these will probably be about R1,150 per month including insurance, and R200 per month Reserve Fund Collections, but excluding water and electricity consumed by each cottage. The Levies will include the following costs:

1. Maintenance of the Common Parts: each Member will be responsible for the maintenance of their Section, but the CC will maintain the Common Areas which include the Game Reserve land, the fences around the Estate, the roadways, the N2 paddocks, the animals and the dams.
   
   
2. Game Park Maintenance: there will be a need every five years or so to carry out burning of the fynbos to ensure good growth for pasture, and a Reserve Fund will be collected each year to build up funds for this task.
   
   
3. Fences: the Levies will include the cost of regular inspections of the perimeter fence and the paddock enclosures, and the cost of any maintenance, repair or replacement as required. A Reserve Fund will be collected each year for the future replacement of the perimeter fence, perhaps with a higher fence that would allow some other species of animals to be purchased.
   
   
4. Roads: the Levies will include the annual cost of maintaining the access roads in the Common Areas, including the internal tracks in the Game Reserve serving sub-Section 1C.
   
   
5. Rubbish Collection: the cost of regular removal of rubbish from the designated storage site on the estate. This site is likely to be at the south side of the access road where sub-Section 1A meets sub-Section 1B, so that Members can drop off rubbish easily on their way out of the Estate.
   
   
6. Security:  it is not intended that there will be an on-site resident estate manager.  The Members of the CC may at a later date decide that this is desirable, but initially it is proposed that an Estate Manager (Charles van Wyk Snr) and an Assistant, based in Riversdale, are employed on a part-time basis to carry out regular inspections and maintenance work.  The costs of this and any contractors who carry out maintenance work will be included in the Levies. A proposed Job Description for the Estate Manager is attached.
   
   
7. Maintenance Office:  initially an on-site office and store will be made available somewhere in sub-Section 1B. This will be free of charge until December 2009 when this will be reviewed.
   
   
8. Entryphone: the cost of the maintenance and ultimate replacement of the entryphone system at the main gate; the repair and maintenance as required of the electric motor and gate.
   
   
9. Alarm system: the cost of maintaining any common alarm system that is installed by the CC.
   
   
10. Water Scheme: the estate shares with six other farms a water supply scheme, and contributes to the inspection and maintenance costs of the scheme, as well as the cost of water usage.  The Levy will include the inspection and maintenance costs, but water charges will be billed out to cottage owners on the basis of water meter readings. The on-site filters and distribution system also need regular inspection, topping up with chemicals, and maintenance, and the costs of this are also part of the Levies.
    
    
11. Electricity: the cost of electricity for the pumps, filtration plant, gate motor, lights and entryphone.
    
    
12. Insurance: the farm buildings will be covered on one insurance policy, and the premium apportioned by value as determined by an independent valuer. Contents insurance must be taken out by each cottage owner, as only Buildings Insurance will be covered.
    
    
13. Audit: the cost of an annual audit of expenditure by the CC’s auditor.
    
    
14. Management Fees:  No provision is made in the current Budget for Management Fees, as it is believed that the Founding Member and Charles van Wyk can handle what needs to be done. However, this needs to be reviewed on an annual basis.
    
    
15. Reserve Funds:  it is prudent management to build up Reserve Funds each year for major non-recurring items of work. In this way, any Member who sells their interest will have contributed to the depreciation of the fabric of the Estate during the period of their Membership, and not leave these future costs to be picked up by a new Member who has only had partial enjoyment of the facilities that have depreciated.
    
    
16. Contingency and Sundries: such other costs of maintaining and repairing the shared facilities that the Members of the CC may from time to time determine. Budgets are inevitably an inexact science, and some Contingency needs to be made for omissions or the unexpected.
    
    
17. Levies are payable monthly in advance by Standing Order, together with such Reserve Fund collections for future non-recurring expenditure as the Members may decide.

22. Can I rent out my cottage?
    Yes, you can. It may be possible for the CC to consider initiatives to promote and manage holiday lettings.

23. Are there any controls on people who misbehave or cause a nuisance?
    Good relationships between Members are important on these schemes. Many things can go wrong, and on the advice of attorneys Herold Gie, Jim Thornton and Charles van Wyk Jnr have drawn up a list of House Rules, and these are attached. Everybody must abide by these rules, or they face sanctions, and changes can only be made if 80% agree.

24. Are we allowed to invite visitors?
    Of course you can, this is your home, and your visitors can access the shared facilities just as you can. You are responsible for making sure that they know the House Rules. KM is keen that the estate is used by people of all races and nationalities. It is keen that South African youngsters should have the opportunity several times a year to camp in the Game Reserve; it is also keen that the Conference Barn should be used for Christian and Community meetings on a regular basis. The Founding Member intends that Christian and Charity workers on low incomes should be able to have free holidays in the Stone Cottage and the cottages around the swimming pool.
    
    However, the Founding Member and his guests are subject to exactly the same House Rules as everybody else. The sole exceptions are (a) the right for sub-Section 1C users and the Estate Manager to takes vehicles into the Game Reserve and (b) the right for the Member with the interest in sub-Section 1B to use the Section for certain non-residential activities, subject to safeguards. For example, if the Members do not need all the stables, the Founding Member will look for somebody to rent any remaining stables and paddock space for the purposes of running an equestrian centre open to the public, offering for example riding lessons and trekking. This would have the advantage that those staying in the cottages would have easy access to horse riding.

25. Can I have a say in the Management of the Estate?
    Yes you can, and the Association Agreement sets out how you can be involved in decision making. The Agreement says that there are to be Quarterly meetings each year for Members or their representatives or proxies, so that issues can be sorted out before they become problems, and improvements and new facilities can be made available for the benefit of all. You can also get involved in any management committees set up, either for the general estate management or for the equestrian activities.

26. Yes, I want to be a Member: so what do I do now and what happens next?
    You choose which Section you want, and Pam Golding Properties will complete the Subscription Agreement with you. If necessary documents are then submitted to attorneys for perusal prior to signing. On signature, this becomes a binding Agreement and a 10% deposit is paid. The completed document and deposit is then forwarded by Pam Golding Properties to Herold Gie Attorneys who process the registration and issue the Membership certificate. A fixed fee of R7,000 is payable to Herold Gie, of which R2,000 is the cost of registration and R5,000 are the legal and accounting set-up costs of the CC.
    
    When you have completed your designs, obtained approval from Charles van Wyk Jnr on behalf of the CC, and obtained a price from a builder, you can start building when you have agreed with the CC the programme of loan instalments so that the CC can pay your builder and design team. 

Documents available:

Clause 1:         Zoning of the Estate
Clause 6(a):    Plans showing the Sections
Clause 10:       a possible Cottage Design, by Charles van Wyk Jnr
Clause 13:       Plans for the Stable Refurbishment
Clause 19 (a): Contract with Eskom to relocate Power Lines
Clause 19 (b): the Landscape Plan
Clause 20 :      Design Manual
Clause 21 :      the proposed Levy Budget
Clause 21 (f):  the Job Description for the Estate Manager
Clause 24 :      House Rules 

It should be appreciated that this document is intended to provide general guidance to prospective buyers/Members. The precise implementation of the arrangements in question will be reflectedin agreements to be prepared by the CC’s attorneys or in the Rules of the Estate.

Each Member is advised to seek independent advice in relation to his or her investment.

No prospective Member will, merely by virtue of an expression of interest enlisted on the basis of this document, be committed to proceed.

Version 9– dated 01 November 2007 

Estate Manager: Job Description 

1. The Estate Manager reports to the Managing Member of Tekoa Kweekkraal Close Corporation, who is defined in the CC Association Agreement. 
   
   
2. The Estate Manager is responsible for proposing an Annual Levies Budget for the approval by the CC, for collecting the Levies, and for reporting to the CC on expenditure against Budget quarterly. 
   
   
3. The Estate Manager is responsible for ensuring that the Common Areas are maintained in good condition. This will mean preparing a Maintenance Programme over a period of years and ensuring either that the costs are included in the Levies Budget, or that a Reserve Fund is collected each year to meet the future cost of large non-recurring items. 
   
   
4. In particular, this will mean the repair and maintenance of the roads, paths, fences and water supply scheme, together with such non-recurring items as burning the fynbos in the Game Reserve. 
   
   
5. On a weekly basis, the Estate Manager will ensure that the water supply system is monitored and topped up with chemicals as required, ensure that the rubbish collections are being made, and that the security systems (including the main gate and entryphone) are working properly. 
   
   
6. The Estate Manager will also check on a weekly basis the health of the animals in the Game Reserve, the state of the dams, and on a monthly basis check the fences around the Estate. 
   
   
7. The Estate Manager will respond to any call-outs from residents on the Estate, and decide how best to deal with each situation. 
   
   
8. The Estate Manager has authority to instruct contractors to carry out works and will normally only refer issues to the CC if a Budget is likely to be exceeded or if the works are of a major nature. 
   
   
9. The Estate Manager is responsible for monitoring compliance with the House Rules. If residents do not respond to polite reminders of the Rules, then the Project Manager will report this to the CC. 
   
   
10. If the Estate Manager is not available for work as a result of, for example, holiday, then it is his responsibility to ensure an Assistant Estate Manager is available to do the work and has possession of the Estate cellphone for call-outs. 
    
    
11. It is anticipated that the work will require about 40 hours per month. 
    
    
12. The Estate Manager may, at his discretion, carry out private work for Members, but is not obliged to do so, and Members must pay the Estate Manager for any private services rendered.