Useful information and important notices for owners and residents
Stellenbosch Municipality Zoning Scheme By-Law 2019
3 February 2021
1. The Stellenbosch Municipality Zoning Scheme By-Law 2019 was implemented on 1 November 2019 (“the By-Law”).
2. The Welgevonden Home Owners’ Association (WHOA) Constitution and Estate Rules expressly provide that Members and Occupants (and in fact any person who enters Welgevonden Estate) are bound by the provisions of this By-Law (refer clause 77 of the Constitution and Rules 4 and 21 of the Estate Rules).
3. In terms of the By-Law all residential properties within the Estate are zoned as Conventional Residential zone.
4. The primary permitted land use within a Conventional Residential zone is that of a dwelling house (“house”).
5. Subject to what is set out hereinafter, a house may only be occupied by a family as defined in the By-Law.
6. A family is defined in the By-Law as:
“family (gesin) means:
(i) One person maintaining a common household, with or without dependent family members who are either parents and/or children and who are financially and otherwise supported by such person; or
(ii) Two or more persons who are married in one civil union, maintaining one common household, with or without dependent family members who are either parents and/or children and who are financially and otherwise supported by such persons; or
(iii) No more than two unrelated and independent persons (with no dependents) who earn or receive independent income and who maintain a common household.”
7. In the circumstances, houses may only be occupied by (and consequently may only be rented to) one person maintaining a common household with his/her dependent family members or two or more persons who are married in one civil union, maintaining one common household with their dependent family members, or no more than two unrelated and independent persons, with no dependents.
8. Members and Occupants are obliged to comply with the By-Law and the Association has a right to enforce the By-Law.
9. Whilst it has been practice (both prior to the implementation of the By-Law and post its implementation) to rent properties to more than two unrelated and independent persons, such actions will no longer be allowed or condoned by the Association.
10. The Association is, however, mindful of the fact that there are existing/current agreements of lease that have been concluded with more than two unrelated and independent persons and that certain Members have committed to leasing their properties to more than two unrelated and independent persons for the period ending 31 December 2021.
11. Taking the aforementioned into account, the Association has decided to afford all Members a period of grace until 31 December 2021 to ensure that they comply with the By-Law.
12. In the circumstances, the Association has decided that:
12.1 No Member may, as from the date of this Notification, conclude an agreement of lease which will have the effect that such Member’s property will be leased to more than two unrelated and independent persons for any period of time after 31 December 2021.
12.2 Members who conclude agreements of lease in contravention of 12.1 will be in breach of the Estate Rules and will be sanctioned in accordance with the breach provisions of the Estate Rules.
12.3 Any person occupying a property in contravention of the By-Law as from 1 January 2022 will not only be in breach of the Estate Rules and, as such, subject to the breach provisions as set out in the Estate Rule, but will also be refused biometric access into the Estate.
Flying of drones not allowed
31 January 2020
The operating or flying of drones on and above Welgevonden Estate is prohibited. This is in accordance with Rule 22.4 of the Welgevonden Estate Rules which reads as follows:
No remotely piloted aircraft systems (or drones), as regulated by Part 101 of the South African Civil Aviation Regulations, is allowed to be operated within and surrounding the Estate.
Transgression may lead to a fine of R500.
Civil aviation regulations prohibit, amongst others, the following:
The flying of a remotely piloted aircraft (RPA) directly overhead any person or group of people, or within a lateral distance of 50 metres from any person, structure or building.
An RPA may not be flown into any property without the permission of the property owner.
Estate security and short-term rental
17 May 2019
The security of Welgevonden Estate is one of the executive committee's foremost priorities.
While we remain vigilant, we pause to acknowledge that, due to the stellar efforts of our estate manager, our security contractors and members of the executive committee, we enjoy perhaps one of the safest living environments available in the area and beyond, boasting a remarkable record.
The executive committee has, however, recently noted a sudden, alarming spike in the prevalence of short-term letting (i.e. Airbnb-type rentals) and complaints made against owners who engage in this practice.
Stellenbosch Municipality classifies short-term letting as a business in terms of the zoning applicable to Welgevonden Estate and in fact prohibits the short-term letting of an entire property with such zoning in the Stellenbosch municipal area.
The Welgevonden Homeowners’ (WHOA) constitution provides that anyone wanting to operate any type of business in the estate – short-term rental or otherwise – must first seek the approval of the executive committee. At present, the estate has no record of a single application for short-term letting having been received, nor approved.
Almost all security estates do not permit short-term letting for obvious reasons. Permitting complete strangers (and their guests) to frequent an estate exposes all of its residents to risk. This risk is imposed on the whole estate for the commercial benefit of a few owners, whom often do not even live on the estate.
Having properly considered the issue, the executive committee unanimously resolved that:
The position is confirmed that short-term letting constitutes a business, which requires prior approval;
Due to the unacceptable risk to the estate, the executive committee will not consider or approve any application for letting for a period of shorter than six (6) months; and
The estate manager is to act against unlawful short-term letting with effect from 1 July 2019.
Health and safety risks: Welgevonden dam
27 March 2019
Owners and residents will notice that new warning notices had been erected at the Welgevonden dam.
Based on the available facts, Excom maintains its earlier decision that swimming in or recreational activities on the dam is not advised. At the same time it acknowledges the fact that individual opinions might differ and accepts that anyone who decides to swim in the dam, or use it for recreational purposes, do so entirely at their own risk.
Excom will not entertain any claims that may arise as result of such actions.