The Common Property gardens are managed and maintained by the Body Corporate for the benefit of all owners.
INDIVIDUAL “EXCLUSIVE USE” ENCLOSED GARDENS
All gardens are common property, but you have exclusive use of your walled garden, within certain limitations as defined in the sectional titles act. It is not included in your title deeds, so it belongs to the body corporate.
The developer planted grass and some shrubs/trees in each “Exclusive Use” garden. Owners are encouraged to upgrade and improve their individual exclusive use gardens by planting additional shrubs and plants and generally beautifying their enclosed garden areas.
Owners should check the status of any intended plantings or upgrades/removals with the Trustees. We do encourage the planting of water-wise and indigenous plants where possible. The removal or trimming of trees is not permitted without specific body corporate approval.
Residents are discouraged from planting alien plants.
Visit these websites for lists of invasive plants
SANBI: http://www.sanbi.org/information/infobases/invasive-alien-plant-alert
Environment: http://www.environment.co.za/weeds-invaders-alien-vegetation/alien-invasive-plants-list-for-south-africa.html
Invasives: http://www.invasives.org.za/
You may also not plant or grow any plants that are unsuitable for townhouse gardens due to their size (e.g. trees that grow to over 4m) or anything that has destructive root systems, or that has a negative impact on neighbouring units or the common property. View a list of trees and information on the trees on Trees South Africa: http://www.trees-sa.co.za/pages/tree_charateristics.php
Because it is common property, any material structural changes to the gardens, including fixed fountains and ponds, gazebos, walls, decks, patio extensions etc. need Trustees’ approval BEFORE installation.
GARDEN SERVICE
The garden service is outsourced to an external company. The Body Corporate has contracted to provide limited, specific services to all residents.
The garden service in your garden is limited to once a week. Our contract with the garden service specifies the following:
- Lawns are mowed weekly in summer (September to April) and every fortnight in winter to a height and quality agreed to by the Trustees and Caretaker, and trimmed along all your pathways and edgings.
- Lawns may be aerated and dethatched if necessary once a year on dates to be agreed to by the Trustees and Caretaker.
- Shrubs and trees are pruned, trimmed or cut back at appropriate times or when requested by the Trustees and Caretaker to maintain the standards in the estate. You can request this service.
- Weeds and encroaching grass is removed from all beds.
- All dead leaves that have fallen are removed.
- No watering or planting of shrubs, flowers, grass or trees in exclusive use areas is to be done by the garden service.
- Garden staff is required to respect the privacy of all residents when working in an exclusive use garden and not look in windows or enter any part of the unit unless invited to do so by the resident.
- All gardening activities in the exclusive areas are subject to any agreed limits or requirements requested by owners in writing unless advised otherwise by the Caretaker or required by the Trustees.
The Gardeners:
- May not provide any services to owners or residents during working hours unless approved by the estate manager in writing.
- May contract with residents to perform work in exclusive gardens outside of work hours, but only if approved by their employer or the estate manager.
- May not take any instructions from residents or owners other than trustees. The service providers management shall be the only persons who may give instructions to gardeners.
OWNERS RESPONSIBILITIES
As an owner (or tenant) of a garden unit in Esplendor, you are expected to maintain your garden in a neat and tidy condition, as required in the Sectional Titles Act.
You are responsible to ensure that, at your expense:
- The garden is watered regularly. Appropriate irrigation systems are permitted.
- The lawns are properly maintained (top-dressed when required and suitable fertiliser is applied).
- Shrubs and flower beds are kept free of weeds (and that compost and fertiliser is applied regularly).
- Residents need to water the area in front of their unit.
- Suitable pest control is practised to prevent pests from spreading to the rest of the estate.
- All dead plants and lawn are removed and replaced by you.
- All dog excrement is removed daily to avoid smells and flies.
- No rubbish, broken furniture, toys or other unsightly items are left in the garden and gardens are cleaned so that the garden service can perform their service.
- Pets do not damage the gardens and that any kennels are neat and tidy.
- All garden huts and boxes are to be approved by the estate managers.
- Gates are not locked on the days the garden service needs access.
COMMON PROPERTY GARDENS
The developer planted some shrubs and grasses directly outside each front door and alongside your unit.
It is the intention of the Body Corporate to continuously add/replace with suitable plants and upgrade these areas over time whenever possible. Residents are however encouraged to maintain this area by at least watering and keeping the beds free of weeds.
Should you wish an area near your unit to be upgraded you may request the Body corporate to do so by submitting your written request to the Trustees. Approval of any requests is subject to Body Corporate budget and labour constraints.
Under no circumstances may you remove plants in the common property gardens.
If the Body Corporate is unfortunately unable to upgrade the area immediately you may still do so at your own cost, but you do need to comply with the common property garden plan for the estate, maintaining the aesthetics and commonality and acceptability of plants. No pots and stands are allowed in the common property. Please advise the Trustees as to which plants you wish to add/change before commencing any work.