NOTICE BOARD

Conduct and safety at the Welgevonden dam

19 January 2023

Swimming in the Welgevonden dam is not advised, and using the dam for swimming, rowing, and any other recreational activity will be at own risk.

The Welgevonden dam is not a swimming pool, but a farm dam. From the edge of the water, the floor of the dam has a sharp angle towards the bottom which leaves very little level area to be able to stand in the water. When full, the dam can be up to 7 m deep. (Please see the photograph below which gives perspective of the depth and the shape of the dam floor.)

Of concern is unsupervised children often seen floating on lilos and similar swimming pool gizmos far away from the edge of the water. With no lifeguards on duty, it could prove fatal if a child, or anyone else, gets in trouble on the water unnoticed, or cannot be reached in time.

The following rules, amongst others, apply for the dam and surrounding area:

Minors must always be under adult supervision.
Liquor and other intoxicating substances are not allowed and is against the law.
Dogs must be on leash and are not allowed to swim in the dam.
Dog owners must at all times pick up their dogs’ stool and always remove it from the area.

Please see Rule 19 of the WHOA Estate Rules for more detail on the use of communal facilities on Welgevonden Estate, including the dam area.

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.

Additional information:

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.

More information available on The South African Civil Aviation Authority (SACAA) website: http://bit.ly/38RFlWK.

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.