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    FAQs
    What is the name of the association mentioned in the document?

    The name of the association is The Beverley Hills Estate Homeowners Association.

    Where is the domicilium citandi et executandi of the association located?

    It is located at Ballito Estates (Proprietary) Limited, Shop 20, Ballito Boulevard, Jack Powell Road, Ballito 4420.

    What is the definition of “The Estate” as per the document?

    “The Estate” refers to the private township to be established on Portion 646 (of 32) of the Farm Lot 56 No. 931 and known as Beverley Hills Estate.

    Who are the Founder Members of the association?

    The Founder Members are Kevin John Byrne and John Alexander Cole.

    What are the main objects of the association?

    The main objects include promoting environmental principles, maintaining common property and erven, prescribing standards for buildings, representing members’ interests, collecting levies, and maintaining aesthetic standards.

    What powers does the association have?

    The association has powers to enforce compliance with environmental principles, purchase property, maintain and control property, enforce laws, raise levies, manage finances, and employ agents, among others.

    Who can be a member of the association?

    Membership is limited to the owners of erven in the estate and the founder members. If an erf is owned by more than one person, all owners are deemed jointly and severally to be one member.

    What happens when a member ceases to be the owner of an erf?

    They automatically cease to be a member of the association, but the association retains the right to recover any unpaid amounts.

    What are the conditions for the sale or transfer of an erf?

    The acquirer/transferee must bind themselves to become a member of the association, and this must be a condition in the title deed.

    What are the responsibilities of members regarding levies and contributions?

    Members are required to pay levies and contributions as determined by the committee to cover the expenses of the association, including maintenance, repairs, and salaries.

    How are annual general meetings conducted?

    Annual general meetings are held once a year, with a quorum of 30 members. If a quorum is not present, the meeting is adjourned and reconvened with the members present forming a quorum.

    What are the functions and powers of the committee?

    The committee manages and controls the business and affairs of the association, engages professional services, makes regulations and by-laws, and co-opts members to fill vacancies.

    What is the process for amending the constitution?

    Any alteration or addition to the constitution requires a special resolution passed by a 75% majority of those present or represented by proxy at a general meeting.

    What happens in the event of winding up the association?

    The association can be wound up by a special resolution with 90% of members’ approval. The assets are converted to cash, liabilities are paid, and the residue is distributed to members.

    What are the regulations regarding alterations and maintenance of properties?

    Members must obtain prior written consent for any alterations affecting the external appearance of their erf. They are also required to maintain their garden areas and ensure their pets do not cause disturbances.

    What is the procedure for the recovery of any arrear levy or other debt due by a member?

    Any amount due by a member by way of a levy, special levy, or other charge due to the association shall be a debt recoverable by the association. The obligation to pay levies ceases upon ceasing to be a member, but the association retains the right to recover arrears. Unpaid sums bear interest at the maximum rate permissible under the Usury Act, and legal costs incurred by the association in enforcing its claim are payable by the member.

    How are meetings of the association convened?

    Annual general meetings are held once a year, and extraordinary general meetings can be called by the committee or upon the written request of owners of at least 5% of the total number of erven. Notice of meetings must be given 21 days in advance for annual general meetings and 14 days for extraordinary general meetings.

    What constitutes a quorum for general meetings?

    A quorum for general meetings is 30 members. If a quorum is not present within half an hour of the appointed time, the meeting is adjourned and reconvened with the members present forming a quorum.

    What are the responsibilities of the chairman at general meetings?

    The chairman presides over all general meetings. If the chairman is not present within five minutes of the appointed time, the vice-chairman or another committee member appointed by the members present will preside.

    How are proxies handled at general meetings?

    A member may be represented by a proxy, who need not be a member of the association. The instrument appointing a proxy must be in writing and deposited at the office of the association before the meeting. A person cannot act as a proxy for more than 15 members.

    What is the voting procedure at general meetings?

    Each member has one vote for each erf owned. Voting is typically by show of hands unless the chairman directs otherwise. Resolutions are passed by a simple majority, except for special resolutions, which require a 75% majority.

    What are the functions and powers of the committee?

    The committee manages and controls the business and affairs of the association, engages professional services, makes regulations and by-laws, and co-opts members to fill vacancies. The committee can also vary, cancel, or modify its decisions and resolutions.

    How are committee members elected and what is their term of office?

    Committee members are elected at the annual general meeting and hold office until the conclusion of the next annual general meeting. If there is a delay in appointing new committee members, the existing members remain in office for three months or until successors are elected.

    What happens if a committee member vacates their office?

    A committee member vacates their office upon sequestration, making arrangements with creditors, conviction of an offence involving dishonesty, becoming of unsound mind, resignation, death, removal by the association in general meeting, or absence from three consecutive meetings without special leave.

    How are vacancies on the committee filled?

    Vacancies on the committee are filled by a person nominated by the remaining committee members until the next annual general meeting.

    What are the indemnity provisions for committee members?

    Committee members are indemnified out of the association’s funds against liabilities incurred in their capacities, provided their actions are in good faith. This includes indemnity against costs, losses, and expenses incurred in the discharge of their duties.

    What is the process for arbitration in case of disputes?

    Disputes between members or between a member and the committee are initially resolved by the committee. If disputed, the matter is resolved by arbitration, with the arbitrator being an independent person agreed upon by the parties or nominated by the Chairman of the Law Society of Natal.

    How can the constitution be altered?

    Alterations to the constitution can only be made by a special resolution passed by a 75% majority of those present or represented by proxy at a general meeting.

    What are the regulations regarding the maintenance of garden areas?

    Members must maintain their garden areas and dispose of garden refuse and garbage properly. Washing lines or windy driers can only be erected outside the back door.

    What are the rules regarding pets in the estate?

    Members must ensure their pets do not cause any nuisance or disturbance. The association has the right to take necessary action if a member fails to comply with this requirement.

    What are the conditions for the use of facilities by lessees or other occupants?

    The committee may permit the use and enjoyment of the association’s facilities and amenities by lessees or other occupants through written application by the owner, provided the owner remains fully paid-up in respect of all obligations to the association.

    How are special levies handled?

    The committee may make special levies for expenses not included in the annual estimate. Members must be given at least 30 days’ notice with details of the proposed alterations or improvements, the estimated cost, and the motivation for the proposal. If no objections are raised within 30 days, the committee may proceed with the levy. If objections are received, a general meeting is called to discuss and approve the levy.

    What is the process for the recovery of arrear levies?

    Any sums due that are not paid by the due date bear interest at the maximum rate permissible under the Usury Act. Legal costs incurred by the association in enforcing its claim are payable by the member. A certificate signed by the chairman or authorized representative serves as prima facie evidence of the member’s indebtedness.

    How are levies charged?

    Levies are charged in equal proportions on all erven in the estate and are paid by members in proportion to the number of erven they own. Additional levies may be raised for common property pertaining to a sectional title scheme and charged directly to the body corporate of the scheme.

    What are the requirements for the alienation or transfer of common property?

    The common property of the association cannot be alienated without the consent of the Minister of Local Government and Housing.

    What are the responsibilities of the committee regarding accounts?

    The committee must keep proper books of account, open to inspection by members during normal business hours. They must prepare and present books of account, balance sheets, and reports at the annual general meeting. The books must be audited at least once a year.

    What are the indemnity provisions for committee members and employees?

    Committee members and employees are indemnified against liabilities incurred in their capacities, provided their actions are in good faith. This includes indemnity against costs, losses, and expenses incurred in the discharge of their duties.

    How are disputes between members or between a member and the committee resolved?

    Disputes are initially resolved by the committee. If disputed, the matter is resolved by arbitration, with the arbitrator being an independent person agreed upon by the parties or nominated by the Chairman of the Law Society of Natal.

    What is the process for winding up the association?

    The association can be wound up by a special resolution with 90% of members’ approval. The assets are converted to cash, liabilities are paid, and the residue is distributed to members. If any member cannot be located, their share is paid to the Guardians Fund.

    What are the regulations regarding the maintenance of erven?

    Members must maintain their erven in a good and clean state of repair. The association has the right to decide whether a building is adequately maintained and can take necessary action at the member’s cost if they fail to do so within a reasonable period.

    What are the rules regarding estate agents and the sale of property?

    No estate agent can attend to the sale, lease, alienation, or disposal of any unit without a valid Certificate of Authorisation to Sell issued by the trustees. The association has agreed to only allow authorized licensed estate agencies to sell within the estate, and these agencies must comply with the criteria set by the homeowners association.

    What are the conditions for the erection of washing lines or windy driers?

    Washing lines or windy driers can only be erected outside the back door.

    What are the conditions for the maintenance of garden areas?

    Members must maintain their garden areas and dispose of garden refuse and garbage properly. They must ensure their gardens do not impair the safety, appearance, or amenity of other garden areas or public areas.

    What are the conditions for alterations and additions to properties?

    Members must obtain prior written consent from the association for any alterations affecting the external appearance of their erf. This includes structural alterations, enclosure of carports, erection of walls, fences, and gates, construction of swimming pools, fountains, pergolas, and driveways, and exterior paintwork (except where there is no change in color).

    What are the conditions for the erection of walls, fences, and gates?

    Members must obtain prior written consent from the association for the erection of walls, fences, and gates. This is considered an alteration affecting the external appearance of the erf.

    What are the responsibilities of members regarding the maintenance of their properties?

    Members must maintain their properties in a good and clean state of repair at all times. The association has the right to decide whether a building is adequately maintained and can take necessary action at the member’s cost if they fail to do so within a reasonable period.

    What are the rules regarding the construction of swimming pools, fountains, pergolas, and driveways?

    Members must obtain prior written consent from the association for the construction of swimming pools, fountains, pergolas, and driveways. These are considered alterations affecting the external appearance of the erf.

    What are the conditions for exterior paintwork on properties?

    Members must obtain prior written consent from the association for any exterior paintwork, except where there is no change in the existing color.

    What are the rules regarding the disposal of garden refuse and garbage?

    Members must dispose of garden refuse and garbage off the premises of the estate or in a manner that does not impair the appearance of garden areas or public places.

    What are the conditions for the maintenance of garden areas?

    Members must maintain their garden areas and ensure they do not impair the safety, appearance, or amenity of other garden areas or public areas.

    What are the rules regarding pets in the estate?

    Members must ensure their pets do not cause any nuisance or disturbance. The association has the right to take necessary action if a member fails to comply with this requirement.

    What are the conditions for the sale or transfer of an erf?

    The acquirer/transferee must bind themselves to become a member of the association, and this must be a condition in the title deed. The association’s consent is required for the sale or transfer.

    What are the responsibilities of the committee regarding the management of the association’s affairs?

    The committee manages and controls the business and affairs of the association, engages professional services, makes regulations and by-laws, and co-opts members to fill vacancies.

    How are committee members elected and what is their term of office?

    Committee members are elected at the annual general meeting and hold office until the conclusion of the next annual general meeting. If there is a delay in appointing new committee members, the existing members remain in office for three months or until successors are elected.

    What happens if a committee member vacates their office?

    A committee member vacates their office upon sequestration, making arrangements with creditors, conviction of an offence involving dishonesty, becoming of unsound mind, resignation, death, removal by the association in general meeting, or absence from three consecutive meetings without special leave.

    How are vacancies on the committee filled?

    Vacancies on the committee are filled by a person nominated by the remaining committee members until the next annual general meeting.

    What are the indemnity provisions for committee members and employees?

    Committee members and employees are indemnified against liabilities incurred in their capacities, provided their actions are in good faith. This includes indemnity against costs, losses, and expenses incurred in the discharge of their duties.

    How are disputes between members or between a member and the committee resolved?

    Disputes are initially resolved by the committee. If disputed, the matter is resolved by arbitration, with the arbitrator being an independent person agreed upon by the parties or nominated by the Chairman of the Law Society of Natal.

    What is the process for winding up the association?

    The association can be wound up by a special resolution with 90% of members’ approval. The assets are converted to cash, liabilities are paid, and the residue is distributed to members. If any member cannot be located, their share is paid to the Guardians Fund.

    What are the regulations regarding estate agents and the sale of property?

    No estate agent can attend to the sale, lease, alienation, or disposal of any unit without a valid Certificate of Authorisation to Sell issued by the trustees. The association has agreed to only allow authorized licensed estate agencies to sell within the estate, and these agencies must comply with the criteria set by the homeowners association.

    What are the conditions for the maintenance of common property?

    The association is responsible for maintaining the common property, including gardens, open spaces, and recreational amenities. Members must comply with the rules and regulations governing the use of these areas.

    What are the rules regarding the use of facilities and amenities by members?

    Members must apply in writing to the committee for permission to use the facilities and amenities. Permission is granted under certain conditions, such as the owner being fully paid-up in respect of all obligations to the association.

    How are levies and contributions determined?

    The committee estimates the amount required to meet the association’s expenses for the financial year and makes a levy upon the members. The levy is payable in equal monthly installments in advance.

    What is the process for approving the budget and levies?

    The budget is submitted to the members at the annual general meeting for approval or amendment. Any amendments approved by a simple majority at the AGM will apply from the month following the AGM.

    What are the conditions for imposing special levies?

    Special levies can be imposed for expenses not included in the annual estimate. Members must be given at least 30 days’ notice with details of the proposed alterations or improvements, the estimated cost, and the motivation for the proposal. If no objections are raised within 30 days, the committee may proceed with the levy. If objections are received, a general meeting is called to discuss and approve the levy.

    What are the rules regarding the transfer of membership rights and obligations?

    Membership rights and obligations are not transferable. However, a member can cede their rights as security to the mortgagee of their erf.

    What are the privileges of membership?

    Members are entitled to the privileges of membership only if they have paid all levies, subscriptions, and other sums due to the association.

    What are the conditions for the use of proxies at general meetings?

    A member may be represented by a proxy, who need not be a member of the association. The instrument appointing a proxy must be in writing and deposited at the office of the association before the meeting. A person cannot act as a proxy for more than 15 members.

    What are the voting rights of members at general meetings?

    Each member has one vote for each erf owned. Voting is typically by show of hands unless the chairman directs otherwise. Resolutions are passed by a simple majority, except for special resolutions, which require a 75% majority.

    What are the responsibilities of the committee regarding the management of the association’s affairs?

    The committee manages and controls the business and affairs of the association, engages professional services, makes regulations and by-laws, and co-opts members to fill vacancies.

    How are committee members elected and what is their term of office?

    Committee members are elected at the annual general meeting and hold office until the conclusion of the next annual general meeting. If there is a delay in appointing new committee members, the existing members remain in office for three months or until successors are elected.

    What happens if a committee member vacates their office?

    A committee member vacates their office upon sequestration, making arrangements with creditors, conviction of an offence involving dishonesty, becoming of unsound mind, resignation, death, removal by the association in general meeting, or absence from three consecutive meetings without special leave.

    How are vacancies on the committee filled?

    Vacancies on the committee are filled by a person nominated by the remaining committee members until the next annual general meeting.

    What are the indemnity provisions for committee members and employees?

    Committee members and employees are indemnified against liabilities incurred in their capacities, provided their actions are in good faith. This includes indemnity against costs, losses, and expenses incurred in the discharge of their duties.

    How are disputes between members or between a member and the committee resolved?

    Disputes are initially resolved by the committee. If disputed, the matter is resolved by arbitration, with the arbitrator being an independent person agreed upon by the parties or nominated by the Chairman of the Law Society of Natal.

    What is the process for winding up the association?

    The association can be wound up by a special resolution with 90% of members’ approval. The assets are converted to cash, liabilities are paid, and the residue is distributed to members. If any member cannot be located, their share is paid to the Guardians Fund.

    What are the regulations regarding estate agents and the sale of property?

    No estate agent can attend to the sale, lease, alienation, or disposal of any unit without a valid Certificate of Authorisation to Sell issued by the trustees. The association has agreed to only allow authorized licensed estate agencies to sell within the estate, and these agencies must comply with the criteria set by the homeowners association.

    What are the conditions for the erection of washing lines or windy driers?

    Washing lines or windy driers can only be erected outside the back door.

    What are the conditions for the maintenance of garden areas?

    Members must maintain their garden areas and ensure they do not impair the safety, appearance, or amenity of other garden areas or public areas.

    What are the conditions for alterations and additions to properties?

    Members must obtain prior written consent from the association for any alterations affecting the external appearance of their erf. This includes structural alterations, enclosure of carports, erection of walls, fences, and gates, construction of swimming pools, fountains, pergolas, and driveways, and exterior paintwork (except where there is no change in color).

    What is the vision statement of the Beverley Hills Estate?

    The vision statement is to offer a secure, relaxed, and spacious lifestyle, with a concept of lush indigenous sub-tropical rehabilitation to restore the natural ambience and provide a sustainable environment for the future.

    What was the purpose of the Environmental Management Plan?

    The Environmental Management Plan was prepared to rehabilitate the land of Beverley Hills Estate, which was previously zoned for agricultural cultivation and used for growing sugar cane. The plan aimed to restore the land for residential development.

    What are the conditions of approval for the land zoning of Beverley Hills Estate?

    The re-zoning of the land was subject to conditions of approval contained within the Record of Decision dated 29th May 2002 from the Department of Agriculture and Environmental Affairs. Homeowners and sectional title owners are legally bound to comply with these conditions.

    How is the land resource of Beverley Hills Estate categorized?

    The land resource is categorized as Category No 1 - “High Sensitivity” due to its relationship to the shoreline, poor residuary sandy soils, hilly rear dune topography, and sub-tropical climatic conditions.

    What are the principles for top soil conservation and upgrading?

    Top soil conservation involves maintaining the top layer of organic surface soil (10-30cm) which sustains plant growth. The addition of good quality organic composts, dolomitic lime, and selected fertilizers is essential for horticultural re-establishment. Top-dressing lawns and mulching bedding sections are also important.

    What is the importance of boundary pegs for homeowners?

    Establishing boundary pegs and lines helps homeowners determine where their 1.5 - 2.0 meter perimeter planting should commence, ensuring proper planting within their property boundaries.

    What are the benefits of compulsory perimeter planting?

    Benefits include wind break, increased privacy, dust and noise reduction, shade and shelter, soak-away zones, and enhanced real estate value. Perimeter planting helps stabilize the soil and anchor deeper sub-soils.

    What are the landscaping principles and design guidelines for Beverley Hills Estate?

    Homeowners or their landscapers must adhere to the estate’s endemic indigenous flora lists. Indigenous plants require minimal maintenance and watering, and they support the environmental food chain, encouraging wildlife to return.

    What is the recommended planting procedure?

    Holes should be at least twice the size of the plant’s root system and square in shape. Add two-thirds compost to one-third soil, plus bone meal and 2:3:2 fertilizer. Water well with at least 20 liters of water and continue watering for the next few weeks.

    How should tree maintenance be handled?

    Keep lawn grass and other ground cover away from newly planted trees to reduce competition for water and soil resources. Prune lower branches to allow light in.

    What are the guidelines for maintaining banks, slopes, berms, and platform surrounds?

    Maintain indigenous ground cover to prevent erosion. Ensure platform edges are slightly sloped upwards to prevent storm water from cascading down and causing erosion. Check for blocked drains, gutters, and down pipes regularly.

    What types of grasses are allowed for lawns?

    Allowed grasses include Buffalo Grass (Stenotaphrum secundatum), Berea (Dactyloctenium australe), Royal Blue Lawn Grass, and Royal Emerald Lawn Grass. Common Cynodon and Kikuyu are considered invasive and not allowed.

    What are the restrictions on exotic plants?

    Exotic plants are not allowed to exceed 5% of the private garden surface area and must not be incorporated within the 2-3 meter perimeter planting zone.

    What should homeowners do if they identify alien and invasive plants and weeds?

    Homeowners should immediately report any identified alien and invasive plants and weeds to the estate manager for eradication.

    What are the rules regarding common area trees and plants?

    Homeowners and tenants must not damage, deface, or destroy common area trees and plants. Violations result in a minimum fine of R1000.00, plus costs for re-establishing the plant life.

    What are the requirements for external fencing and dog management?

    Small picket fencing painted green is required to contain dogs within the property. Only small and medium-sized dogs are allowed, and they must be on leashes when walked. Dog faeces must be picked up and taken home.

    What approvals are needed for rock features, retaining walls, individual pools, and water features?

    These require submission and approval by the Home Owners Architectural Review Committee and may also require municipal planning permission.

    What are the guidelines for using common area water taps?

    Common area water taps are only for use by the Home Owners Association workers. Leaks should be reported to the estate manager.

    What type of garden lights are recommended?

    Garden lights should be waist-height pillar type that reflects light outwards and downwards to prevent disturbing residents in homes above.

    What should homeowners do if they need help or advice regarding the environmental management and planting plan?

    Homeowners should contact the estate manager during office hours for assistance.

    Please provide a list of plants that are declared weeds, alien, and invasive plants according to BHE:

    Declared Weeds, Alien and Invasive Plants

    1. Ageratum conyzoides - Blue Powder-puff
    2. Anredera cordifolia - Madeira vine
    3. Bidens pilosa - Common Black-jack
    4. Callisia repens - Dwarf-striped inch plant
    5. Canna indica - Wild Canna
    6. Cestrum laevigatum
    7. Chromolaena odorata - Triffid Weed
    8. Cinnamomum camphora - Camphor tree
    9. Duranta erecta - Forget-me-not-tree
    10. Lantana camara - Lantana
    11. Melia azedarach - Syringa Tree
    12. Morus alba - Mulberry
    13. Montonoa hibiscifolia - Tree daisy
    14. Nephrolepis exaltata - Sword fern
    15. Pennisetum purpureum - Napier fodder
    16. Pereskia aculeata - Barbados gooseberry
    17. Psidium guajava - Guava
    18. Ricinus communis - Castor Oil Bush
    19. Schefflera actinophylla - Queensland umbrella tree
    20. Schinus terebinthifolius - Brazilian Pepper Tree
    21. Senna didymobotrya - Peanut butter Cassia
    22. Solanum mauritianum - Bugweed
    23. Tecoma stans - Yellow bells
    24. Thelech
    Where is Beverley Hills Estate located?

    Beverley Hills Estate is located in the heart of Ballito in KwaZulu Natal, South Africa.

    What type of lifestyle does Beverley Hills Estate offer?

    Beverley Hills Estate offers a secure, relaxed, and spacious lifestyle within a lush indigenous sub-tropical environment.

    What types of housing are available at Beverley Hills Estate?

    The estate has various free-standing houses and two sectional title apartment blocks, namely Belair and Malibu.

    What facilities are available at Beverley Hills Estate?

    Facilities include a clubhouse, gym, playground with a jungle gym for children, sauna, pool table, table tennis, braai facilities, lounge and kitchen, tennis courts, and a swimming pool.

    What security measures are in place at Beverley Hills Estate?

    Beverley Hills Estate has partnered with Fidelity ADT Security to provide 24-hour monitoring and armed response, manned guarding at the main entrance, and foot patrol security officers.

    How close is Beverley Hills Estate to the beach?

    Beverley Hills Estate is conveniently located within a ten-minute walk to the beach.

    What amenities are available in the surrounding area of Beverley Hills Estate?

    The surrounding area includes social entertainment establishments, shopping malls, prestigious primary and high schools, churches, petrol stations, and medical facilities including a hospital in the Ballito and Salt Rock area.

    What is the focus of the Beverley Hills Estate lifestyle?

    The estate focuses on a family-oriented lifestyle, promoting health, fitness, and enjoyment. It also aims to maintain the existing environmental habitat.

    What is the role of the Beverley Hills Estate Environmental Committee?

    The Environmental Committee ensures that the estate has lush, indigenous, disease-free vegetation on common property and in private gardens, which must be devoid of any alien invasive species. The committee also has a program of planting trees annually.

    What percentage of exotic plants is allowed in private gardens at Beverley Hills Estate?

    Private gardens may have some exotic plants, but they must not take up more than 5% of the garden space.

    What are some of the recreational activities available at Beverley Hills Estate?

    Recreational activities include swimming, tennis, gym workouts, sauna sessions, table tennis, and enjoying the braai facilities.

    What is the main goal of the Beverley Hills Estate in terms of environmental management?

    The main goal is to rehabilitate and restore the natural beauty of the North Coast, ensuring a sustainable and lush indigenous sub-tropical environment.

    Who are the conduct rules binding on?

    The conduct rules are binding on all owners and all persons occupying any erf, who are responsible for ensuring that members of their families, tenants, invitees, and servants comply with them.

    What should be done in case of annoyance or complaints between owners or occupants?

    An attempt should be made by the parties concerned to settle the matter between them with consideration and tolerance. If the problem cannot be resolved, it should be brought to the notice of the Estate Manager in writing.

    What is the rule regarding the accreditation of estate agents?

    Only accredited estate agents are allowed to sell property within the estate, as agreed at the AGM in December 2006.

    Are hobbies or activities allowed on common property?

    No hobbies or activities that cause a nuisance to other owners/residents are allowed on common property. The Trustees are the final adjudicators in resolving complaints of this nature.

    What are the rules regarding business activities on the estate?

    No business activity, profession, or trade that may cause a disturbance is allowed on the common property or in a home. No auctions or jumble sales may be held on the common property, and no advertisements or publicity material may be exhibited without prior written consent from the Architectural Review Committee.

    What are the rules regarding children on the estate?

    Children are not allowed to run or play on the banks within the estate. Ball games are not permissible against walls of common buildings or where damage can be caused. Parents are responsible for their children’s behavior, and any damage will be added to the parent’s monthly levy.

    What are the rules for the clubhouse, pool, braai area, and communal area?

    No activities that create a nuisance are allowed. Radios and other audio devices must not play at a noise level that causes a disturbance. Rowdy behavior and excessive noise are not permitted. The area is closed between 21h00 and 05h00, and no liquor or smoking is allowed without prior consent.

    What are the responsibilities of owners regarding domestic staff?

    Owners are responsible for the activities and conduct of their servants, ensuring they do not breach any rules or laws. Servants must not loiter on common property or cause undue noise. Permanent servants may not reside within the resort without written approval from the Trustees.

    Are drones allowed on the property?

    The use of drones or any remotely piloted aircraft systems is prohibited unless approved by the HOA for a specific purpose. Non-compliance carries a penalty of R500 per incident.

    What are the rules for eradicating pests?

    Owners must keep their dwellings free of pests like white ants and borer. Trustees, managing agents, and authorized agents can inspect dwellings and take necessary action to eradicate pests, with costs borne by the owner.

    Can alterations be made to the exterior of buildings?

    Alterations, additions, or decorations to the exterior of dwellings or common property require prior written consent from the Trustees. Requests must include plans and specifications. Owners must maintain any alterations in good order and repair.

    What are the rules for gardening and improvement control?

    The common property, including all banks, is controlled by the Home Owners Association. Picking or vandalizing plant life is prohibited. Owners must maintain their exclusive use areas in a neat condition and comply with the approved environmental management principles and plant list.

    What general rules must owners comply with?

    Owners must not conduct business or trade on common property, discharge firearms or pellet guns, throw solid objects, or use their homes for purposes injurious to the Association’s reputation. Complaints must be submitted in writing to the Chairman of the Association.

    What are the rules for installing generators?

    Generators are allowed with approval, provided noise levels do not exceed 65 dBA, exhaust emissions comply with regulations, and they are installed out of view. Permission must be obtained from immediate neighbors and the HOA.

    What are the rules for installing JoJo tanks?

    JoJo tanks should be placed to harvest rainwater or receive borehole water, with overflow directed to storm water drainage. Tanks must be screened if visible from main roads and installed on a solid level platform. The color should blend with surroundings.

    What are the rules for the interior of sections?

    Structural alterations affecting more than one dwelling or common property require prior written consent from the Architectural Review Committee. Interior repairs and maintenance are the responsibility of the owner or occupier.

    What are the rules for laundry?

    Washing lines must be erected in dedicated drying areas and not visible from outside the buildings. Washing hung out to dry is at the owner’s risk.

    What are the rules for levy payments?

    Levies are due monthly in advance on the first day of each month. Payments must be made through the Managing Agent. Interest and administration charges apply to late payments. Services may be terminated for non-payment.

    What is the Levy Stabilisation Fund payment?

    When a property is sold, the new purchaser must pay R12,000.00 to the Levy Stabilisation Fund before transfer can take place.

    What are the rules for littering?

    Owners must not deposit or throw rubbish on common property. This includes dirt, cigarette butts, food scraps, or any other litter.

    What are the rules for motor vehicles, use of roadways, and parking areas?

    Owners and their visitors must observe road signs, not drive in a manner that creates a nuisance, and not allow unlicensed persons to drive. Vehicles must be parked in designated areas, and damaged or non-roadworthy vehicles are not allowed on common property.

    What are the rules for noise?

    Owners and their visitors must not create undue noise. Motor hooters may only be sounded in emergencies, and the revving of engines is not permitted. Radios and other audio devices must not be heard in adjoining homes or on common property.

    What is the penalty system for rule violations?

    Fines and penalties are imposed for rule violations, such as exceeding speed limits, reckless driving, damaging common property, and non-compliance with environmental policies. The amount of the fine is at the discretion of the Estate Manager or Home Owners Association.

    What are the rules for keeping pets?

    Owners may keep a maximum of 2 small/medium pets with written consent from the Trustees. Pets must not cause a disturbance, and owners are responsible for removing their pets’ excrements. Pets must be leashed when on common property.

    What are the rules for recreation and clubhouse facilities?

    No liquor or food is allowed in the clubhouse area without prior consent. Large gatherings or parties require prior consent. Notices pertaining to the use of facilities must be observed.

    What are the rules for refuse disposal?

    Owners must maintain a hygienic receptacle for refuse, ensure it is securely wrapped, and place it in designated areas for collection. Household garbage must not be visible from common property and must comply with Town Council regulations.

    What are the rules for constructing private swimming pools?

    Owners must comply with local authority requirements and submit plans to the Home Owners Architectural Review Committee for approval before submitting to the local authority.

    What are the rules for signs and notices?

    No signs, notices, billboards, or advertisements are allowed on common property or sections without prior written consent from the Trustees.

    What are the rules for storing inflammatory material and other dangerous acts?

    Owners must not store any material or permit any dangerous acts that may increase the insurance premium. Infringements render the owner liable for any ensuing damage.

    What are the responsibilities of owners regarding visitors?

    Owners are liable for the conduct of their family, visitors, and tenants, ensuring all rules are adhered to at all times.

    How many medium-sized animals are allowed per property in the HOA (Free standing and Duets)?

    Up to two medium-sized animals are allowed per property at any one time. Medium-sized is defined as 45 cm measured from the shoulder to the ground when fully grown and not more than 18 kg.

    Are animals allowed in the Belair Body Corporate?

    No, animals are not allowed in the Belair Body Corporate.

    Are cats allowed in the Malibu Body Corporate?

    No, cats are not allowed in the Malibu Body Corporate.

    What must owners and tenants do before bringing animals into Beverley Hills Estate?

    Owners and tenants must formally apply to the Estate Manager’s office (either via Estate Agent or Managing Agent office) and obtain approval before bringing animals into Beverley Hills Estate. Animals must be declared at the Security Gate Entrance using the signed approval by the Estate Manager as access.

    What is the penalty for dogs not kept within the owner’s property or on a leash while out walking?

    The penalty is R150.00 per incident.

    What is the penalty for dogs fouling the roads and/or common areas?

    The penalty is R150.00 per incident.

    What is the penalty for causing a disturbance of the peace with pets?

    The penalty is R250.00 per incident.

    What is the penalty for having an animal within Beverley Hills Estate without prior permission?

    The penalty is the cost of removal as well as a fine of R1000 per pet.

    What is the penalty for having more than two animals on the same property?

    The penalty is R1000 per additional pet.

    What are members required to ensure regarding their pets?

    Members are required to ensure that their pets do not cause any nuisance or disturbance in the Estate, which in the opinion of the Association constitutes an interference with the rights of other residents to peaceful enjoyment of their environment.

    How many small/medium pets are owners allowed to keep with written consent from the Trustees?

    Owners may keep a maximum of two small/medium pets with written consent from the Trustees.

    What must owners or occupiers do regarding their pets’ excrements?

    Owners or occupiers are responsible for the removal of their pets’ excrements within the common property or the individual sections.

    What are the rules for dogs on common property?

    Dogs must be leashed or properly controlled when on common property.

    Are bitches on heat allowed on common property?

    No, bitches on heat are not allowed anywhere on the common property at any time.

    What is the rule regarding cats on the property?

    Cats that have not been spayed or neutered may not be kept on the property.

    Are vicious animals allowed on the property?

    No, vicious animals of any nature are not allowed on the property.

    Are aviaries permitted on the property?

    Aviaries are not permitted without the prior written consent of the Trustees.

    What happens if a pet is found unaccompanied or unidentified on the common property?

    The pet may be removed by the Trustees, and costs incurred as a result of such removal, such as capture and pound fees, shall be borne by the owner or occupier of the section where the pet was accommodated or by the owner of the pet concerned.

    Where can aviaries, kennels, or other pet accommodations be sited?

    Aviaries, kennels, or other pet accommodations may not be sited at any place where they can be seen from any portion of the common property.

    What must properties housing pets comply with?

    Properties housing pets must be completely fenced in compliance with the Architectural Guidelines Committee’s prior written approval regarding the type and placement of fencing.

    Who is responsible for any injury or damage caused by a pet?

    The financial and other responsibility for any injury caused by a pet or any damage to personal property or any resident, guest, employee, or member of the public shall be that of the pet owner. The Trustees are not liable for damages or injuries caused by pets.

    What is the purpose of the Site Development and Architectural Guidelines?

    The purpose of the Site Development and Architectural Guidelines is to outline procedural, planning, and aesthetic considerations for all areas of Beverley Hills Estate. It aims to ensure harmonious and orderly architectural development and improvement of the property.

    What must homeowners do before making alterations to their properties?

    Homeowners must obtain consent from the Architectural Review Committee (ARC) and the Beverley Hills Estate Home Owners Association (BHEHOA), and where applicable, the relevant Sectional Title Body Corporate.

    What is the submission procedure for building plans?

    The submission procedure is a two-stage process:

    • Stage One: Submit sketch plans to the ARC for design approval.
    • Stage Two: Submit final building plans to the Kwa-Dukuza Local Authority after ARC approval.
    What documents must be included in the sketch plan submission?

    The sketch plan submission must include:

    • Fully completed BHEHOA Application Form.
    • Letters of consent from surrounding neighbors.
    • Plans at all levels, elevations, and typical sections through the building and site at a minimum of 1:100 scale.
    • A site plan showing footprint, FAR, and coverage.
    • Identification of all external materials on elevations.
    What is the development deposit, and when is it refunded?

    A refundable non-interest bearing “Development and Street Light Deposit” of R3,000 must be paid upon submission of development plans. It is refunded upon completion of building activities and compliance with specific requirements, such as planting grass, removing rubble, and repairing any damage caused by building activities.

    What are the height restrictions for buildings in Beverley Hills Estate?

    Not more than two storeys shall be erected vertically above each other. The current height of all free-standing homes, duets, and sectional titles (Bel-Air and Malibu) must remain the same.

    What are the building line restrictions?

    No structures shall be erected outside the building lines imposed by the town planning scheme. There is a 3-meter security servitude on the perimeter fence where no structures or gardening, other than planting grass, are permitted.

    What are the requirements for exterior treatment and paint colors?

    All finishing materials, color combinations, and combinations of finishing materials must be approved by the BHEHOA. The approved color palette includes specific colors from the Dulux and Plascon ranges for external walls, picket fencing, and roofs.

    What are the guidelines for roofs?

    Roofs may be gabled or hipped, with double-pitched roofs constituting no less than 80% of the roofed area. Flat roofs must be constructed as a concrete slab surrounded by parapet walls with a non-reflective finish. No mono pitches are allowed.

    What are the rules for verandas and balustrades?

    Verandas must complement the main structure and be constructed with concrete slabs. Balustrades on balconies must be white and made of molded concrete aggregate, PVC, or aluminum. Awnings and temporary structures are not permitted.

    What are the requirements for driveways and footpaths?

    All driveways must be tarred, and footpaths must have a stable and permanent surface. Allowed materials for footpaths include brickwork pavers, cement cobbles, or simulated stone cobbles.

    What are the rules for garages?

    Garage doors must be painted white, and the following types are allowed: wood painted white, powder-coated white metal imprints, Chromadek roll-up, and aluminum frames with painted fiberglass panels. No carports are permitted.

    What are the guidelines for air-conditioning units and generators?

    Air-conditioning units and generators must be positioned out of sight from any boundary or road or screened appropriately. Only silent type generators are permitted, and they must be installed by a qualified electrician. Generators should not exceed 60 to 80 dB at 5 meters and must be switched off between 22h00 and 06h00.

    What are the rules for TV antennae, satellite dishes, and reception devices?

    These devices must be hidden wherever possible, and their positions must be clearly indicated on application drawings and approved by the ARC. Advertising signage is not permitted on these devices.

    What are the requirements for swimming pools and Jacuzzis?

    Construction of swimming pools requires an application and an engineer’s report. Pools must be fenced with a maximum 1.2-meter high approved fence, and the gate must have self-closing hinges and a self-latching/locking device. Portable or temporary swimming pools are not permitted.

    What are the guidelines for garden fencing?

    Fencing is generally discouraged but may be approved for protecting pets and young children. Approved fencing includes “Pet Safe” green wooden picket fences or PVC fences in “Leaf Green” up to 1 meter high. Boundary walls may not exceed 1.8 meters in height and must reduce to 1.2 meters towards the front of the property.

    What are the rules for solar energy installations?

    Solar energy harnessing for lighting and water heating is encouraged. Photovoltaic panels must be flush with the slope of the roof and discreetly positioned. Applications for solar energy systems must be submitted to the BHEHOA.

    What are the requirements for laundry lines, drying yards, and refuse bin areas?

    Every dwelling must have a suitable laundry drying yard and refuse bin area screened by walls of brick and mortar and plastered. These areas must not be visible from any of the estate’s roads or boundaries.

    What are the landscaping and garden maintenance requirements?

    Changes to landscaping must be approved by the ARC. Private gardens must be maintained in an aesthetically pleasing condition. Indigenous trees and shrubs are encouraged, and pruning or removal of trees requires approval from the Environmental Committee and the Estate Manager.

    What is the minimum floor area for a dwelling on a stand?

    The minimum floor area for a dwelling on a stand is 160 square meters on the ground floor.

    Are granny flat additions permitted?

    Yes, granny flat additions are permitted provided they adhere to the Architectural Guidelines and are approved by the Local Authority.

    What is the Floor Area Ratio (F.A.R.) and coverage factor for each individual erf?

    The F.A.R. is 0.45 and the coverage factor is 30% for each individual erf, with a minimum building area of 160 square meters.

    What areas are excluded from the F.A.R. calculations?

    The following areas are excluded from the F.A.R. calculations:

    • Garages
    • Verandas and patios
    • Decks
    • Private swimming pools
    What is the maximum height for boundary walls between properties?

    The maximum height for boundary walls between properties is 1.8 meters, reducing to 1.2 meters towards the front of the property and 1 meter at the back of the property.

    What are the requirements for water supply on the property?

    Water for household use is supplied by the Local Authority. Application must be made for a water connection on each individual stand at the water department of the Local Authority.

    What are the requirements for sewerage connections on the property?

    Sewerage connections are supplied by the Local Authority, and all proclaimed stands are already serviced.

    What are the requirements for electricity supply on the property?

    All proclaimed stands are reticulated by the Local Authority for electrical supply. Application and payment of the prescribed fee are required for the installation of an electricity meter for each stand.

    What materials and colors are allowed for external walls?

    External walls can be finished with plaster and paint, face brick band around the bottom of the house, clay brick plastered and painted, concrete brick smooth plastered, or stonework. The approved colors for external walls are from the Dulux and Plascon ranges.

    What are the guidelines for windows and doors?

    Windows and doors must be white powder-coated aluminum unless frameless. Sliding doors, sliding folding doors, side-hung doors, and pivot doors are permitted. No sash windows are allowed.

    What are the requirements for roof maintenance?

    Roofs must be cleaned regularly to maintain the aesthetics of the estate and property values. The approved roof color is “Nuroof” Cool Low Sheen - ATMOSPHERE GREY TRP 200.

    What are the guidelines for verandas and temporary structures?

    Verandas must complement the main structure and be constructed with concrete slabs. Temporary structures, such as Gemini huts, garden sheds, or Wendy houses, are not permitted.

    What materials are allowed for driveways and footpaths?

    Driveways must be tarred, and footpaths can be made of brickwork pavers, cement cobbles, or simulated stone cobbles.

    What are the requirements for garage doors?

    Garage doors must be painted white and can be made of wood, powder-coated white metal imprints, Chromadek roll-up, or aluminum frames with painted fiberglass panels.

    What are the guidelines for air-conditioning units and generators?

    Air-conditioning units and generators must be positioned out of sight or screened appropriately. Only silent type generators are permitted, and they must be installed by a qualified electrician. Generators should not exceed 60 to 80 dB at 5 meters and must be switched off between 22h00 and 06h00.

    What are the requirements for TV antennae, satellite dishes, and reception devices?

    These devices must be hidden wherever possible, and their positions must be clearly indicated on application drawings and approved by the ARC. Advertising signage is not permitted on these devices.

    What are the requirements for swimming pools and Jacuzzis?

    Construction of swimming pools requires an application and an engineer’s report. Pools must be fenced with a maximum 1.2-meter high approved fence, and the gate must have self-closing hinges and a self-latching/locking device. Portable or temporary swimming pools are not permitted.

    What are the guidelines for garden fencing?

    Approved fencing includes “Pet Safe” green wooden picket fences or PVC fences in “Leaf Green” up to 1 meter high. Boundary walls may not exceed 1.8 meters in height and must reduce to 1.2 meters towards the front of the property.

    What are the rules for solar energy installations?

    Solar energy harnessing for lighting and water heating is encouraged. Photovoltaic panels must be flush with the slope of the roof and discreetly positioned. Applications for solar energy systems must be submitted to the BHEHOA.

    What are the requirements for laundry lines, drying yards, and refuse bin areas?

    Every dwelling must have a suitable laundry drying yard and refuse bin area screened by walls of brick and mortar and plastered. These areas must not be visible from any of the estate’s roads or boundaries.

    What are the landscaping and garden maintenance requirements?

    Changes to landscaping must be approved by the ARC. Private gardens must be maintained in an aesthetically pleasing condition. Indigenous trees and shrubs are encouraged, and pruning or removal of trees requires approval from the Environmental Committee and the Estate Manager.

    What is the purpose of the Contractors Policy and Procedure document?

    The purpose of the Contractors Policy and Procedure document is to provide and regulate a framework governing the rules, regulations, and policies under which access will be afforded to contractors undertaking and engaging in contracting and related activities on the premises of Beverley Hills Estate.

    What must contractors do before being afforded access to the estate?

    Contractors must announce their arrival to the Estate Manager, sign their acceptance of the terms and conditions of the policy, advise in writing the number of employees or sub-contractors accompanying them, and complete and sign all required documentation.

    What is required for the registration of contractors?

    Contractors and each person accompanying them must leave their ID book with security on a daily basis and collect them upon completion of the day’s work.

    Who is responsible for the actions and omissions of laborers or individuals working on the estate?

    The contractor assumes full and ultimate responsibility for the actions and omissions of any laborer, artisan, or individual working on the estate at the contractor’s request.

    What are the requirements for transporting laborers to and from the work site?

    Laborers must be transported by the contractor or their authorized agent to and from the unit or site where work is being undertaken.

    What must contractors ensure regarding the work site and noise levels?

    Contractors must ensure that a screen wall in the form of a shade cloth is placed around the entire building site, supervise and monitor individuals working on the site, prevent pollution and nuisance, and confine noise levels to a minimum. Work is only permitted from Monday to Friday between 07h30 and 16h00.

    What is the maximum vehicle weight allowed for access to the estate?

    Vehicles accessing the estate for contractor duties must not exceed 4 tons.

    Who is responsible for any damage to common property caused by contractors?

    The contractor is responsible for any damage to common property caused by their actions or omissions, or those of their invitees or agents. The contractor must pay for any damage, and failure to do so may result in being denied further access to the estate.

    What are the requirements for maintaining the work site?

    Contractors must ensure the work site is left in an orderly, neat, and satisfactory condition at the end of each working day. Building materials must not be placed on roads or verges, and waste must not be disposed of into storm water drains.

    What are the requirements for site refuse and hygienic facilities?

    Contractors must provide adequate hygienic toilet facilities for their laborers and ensure the removal of site refuse, litter, and additional materials upon contract termination. Arrangements for water and electricity use must be made with the unit owner.

    What speed limit must contractors adhere to within the estate?

    Contractors and their agents, laborers, or invitees must adhere to a speed limit of 25 kilometers per hour within the estate.

    Are contractors allowed to light fires on the estate?

    No, contractors and their employees, laborers, or agents are not permitted to light any fires on the estate.

    What must contractors comply with regarding statutory, environmental, social, and safety requirements?

    Contractors and their personnel must comply with all statutory, environmental, social, and safety requirements in accordance with applicable legislation, by-laws, or regulations.

    Who is ultimately responsible for ensuring compliance with the contractors’ policy?

    The owner of the property who has engaged the contractor is ultimately responsible for ensuring compliance with the contractors’ policy.

    What are the consequences for contractors not adhering to the policy?

    Contractors may be subjected to a fine not exceeding R5,000.00 for each contravention, and further access to the estate may be denied if it is deemed that their presence jeopardizes the security, safety, and well-being of the estate or its residents.

    What happens if fines remain unpaid by contractors?

    If fines remain unpaid, the Trustees of the Homeowners Association reserve the right to recover the entire amount from the property owner, who assumes joint responsibility for the contractor’s actions and omissions.

    Does the Homeowners Association assume liability for contractors’ well-being and safety?

    No, the Homeowners Association assumes no liability or responsibility for the well-being, safety, and protection of any contractor, worker, employee, sub-contractor, or individual executing work on the estate.

    Where would I find the link to the various application documents?

    https://beverleyhillsestate.co.za/downloads/

    What must owners do if they are letting their property?

    Owners must inform the Estate Manager by email that they are letting their property and whether more than one rental agency will be involved.

    What must rental agents do on the 1st of each month?

    Rental agents must inform the Estate Manager via email which units are being rented out on a permanent basis. For holiday letting, they must provide a minimum of 48 hours’ notice prior to occupation, along with a letter of consent from the owner.

    What must rental agents be familiar with?

    Rental agents must be familiar with all the conduct rules of Beverley Hills Estate and the Body Corporations of Belair and Malibu and inform the tenants accordingly when completing the letting/rentals procedure form.

    What documentation must rental agents submit to the Estate Manager?

    Rental agents must submit the prescribed letter of consent from owners and a notification form with the tenants’ particulars to the Estate Manager prior to their arrival. The tenant must hand a duplicate copy to the Security Gate before entry will be granted.

    What rules must all rentals and holiday letting tenants adhere to?

    All rentals and holiday letting tenants must adhere to the Beverley Hills Home Owners Association conduct rules, the Body Corporate conduct rules, and their respective constitutions. Fines and penalties for infringements arising from their actions will be debited to the owners’ levy account without written notification.

    Can persons under the age of 18 occupy a residence as a tenant?

    No, persons under the age of 18 are not allowed to occupy any residence as a tenant within Beverley Hills Estate without their parents being present and responsible for their actions at all times.

    What is the maximum number of persons allowed per bedroom?

    No more than two persons per bedroom are allowed.

    What rights do the Beverley Hills Estate Home Owners Association and the Body Corporations of Belair and Malibu have regarding rental agents and tenants?

    They have the right to take necessary action to enforce the provisions of the rules against rental agents and tenants. This includes taking legal steps and measures to evict any person occupying one or more units on the estate in instances of violation.

    Can keys for units be left and collected from the Security Guards?

    Yes, keys for units can be left and collected from the Security Guards, provided they are sealed in addressed envelopes. However, no responsibility will be taken by the Estate or the Security Company for the loss of such keys.

    Where can the Notification for Rentals form be found?

    The Notification for Rentals form can be found under “Applications” on the website www.beverleyhillsestate.co.za.

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