Kelderhof Country Village
Issue 6 | August 2011 Click here to visit our website

Changes and Compliance

After numerous news updates about activity on site, we feel it's time for an update from behind a desk. The focus this month has been on review and compliance – documentation for re-sale of erven has been checked and re-checked to ensure it adheres to the new Consumer Protection Act, the Plan Submission and Approval document has been modified and the Architectural Guidelines have been tweaked. Please feel free to download the updated Architectural Guidelines from the Kelderhof website, located on the "Documentation" tab.

Regarding the change to the Architectural Guidelines please note the following:

Please be aware that all Architects are required to submit to the KHOA a Land Surveyor's Certificate confirming the Contours for the erf upon which they are designing a dwelling. This Land Surveyor's Certificate must accompany Plan Submissions to the Kelderhof Design Review Committee (DRC), prior to Approval of any building plans by the DRC for the dwelling concerned.

ESTATE MANAGER'S REPORT

Beauty & The Building Site

by Jéan van Marcke

The world economy is in turmoil and economists are warning of a double dip recession. Everywhere you go people are talking about how tough times are ahead. Hey, it could be worse! At least we live in one of the most beautiful parts of the world. I was reminded of that again this morning. I arrived on site and did my usual morning drive through the Estate to make sure everything is in order.

Jean

This morning, though, it was as if nature said "AAHH!" There was not a breath of wind, the air was crisp, clear and not too cold. In other word, it is one of those perfect, Cape Town winter's days. No wonder the sales team is selling turnkey homes like hotcakes. Every day there are more people arriving at the sales office saying that now that they can see more activity on site, they are interested in buying. So, if you have been waiting to start construction on your new home, take it from me, now is the perfect time. Construction costs are low, interest in the development is high and we are slap bang in the middle of the "secret season"!

SALES UPDATE

Sales to Date 205
Plot & Plan Units Sold 22
Completed Houses on Site 11
Houses Under Construction 23
Expected Construction Activity within Next 6 Months 30
Plots Available 234
Special Offer

Purchase one of our architect-designed homes that has already been built for you. Benefit from the better finance that's available from most banks on a property that is completed. Why wait to have your home built for you if it already exists! Move in sooner and start enjoying the Kelderhof lifestyle.

Contact Harcourts on
082 820 4845
or
021 843 3163

to find out more and purchase your home at Kelderhof today.

Roof Wetting Event: August 2011

Sales Report - Alistair Ormerod

The view from Harcourts...

With five of our turnkey homes reaching roof height the interest has really picked up in Kelderhof. There are 3 Courtyard homes and 2 Barn-styles well under construction by the Brick 'n Board team, and prospective clients have been donning their hard hats to take a look round. There are now signed contracts on several of these homes and August should see construction starting on other turnkey homes that have been sold by Harcourts Platinum. There is no doubt that the estate is really gaining momentum. It is estimated that house sales in Kelderhof over the last 2 months have accounted for as much as 10% of the Somerset West market, and the sales team are certainly being kept active by the enquiries. Feel free to drop by the office and say hello to Hornette and Alistair.

Wednesday 10th August saw the roof wetting ceremony in Wordsworth Road (Photographs above).

Resident's Report -
Mr Calder Welthagen shares
a little about life at Kelderhof

KELDERHOF and the living is easy.

For my Family (my wife and 1 year old daughter) and I, the end of June brought about a change. One that saw us leaving the suburbs of Somerset West to take up residence in our new house in Kelderhof Estate.

Seven weeks in and we are loving it. The headaches that are synonymous with building a house have been overshadowed by the calm, open, relaxed atmosphere of the Estate.

Our Saturday morning cups of coffee are shared with the calls of the fish eagles and the public areas are the perfect place for little Michayla to burn up that endless energy supply. The safe streets also provide the ideal avenue for those early evening strolls whilst watching the sun set behind Table Mountain. The Estate staff members are always friendly and go out of their way to help where they can.

One can only look back and appreciate the fact that although the process has taken 4 years to reach completion, it has been well worth it.

Supplier Feature - Nichola Walker: Woodward of Robyn Hey explains the CPA

THE CONSUMER PROTECTION ACT- HOT AIR OR THE END OF BUSINESS AS WE KNOW IT?

The truth behind the Consumer Protection Act lies somewhere between the fears of those who believe the Act is going to put everyone out of business and the indifference of those who believe it's all a bunch of hot air.

The media has been very active in identifying the various consumer rights under the Act. However, the key to understanding the true impact of the Act is to understand when the Act is applicable and what needs to be done to actually enforce the rights which appear to be so readily available under the Act.

Firstly the Act is there to protect the "small people". It cannot be relied on by the "big boys". The application of the Act is limited to individuals and to companies with an annual turnover or net asset value of less than R2 million. Therefore the first thing to ask yourself when someone attempts to rely on the protections afforded by the Act is: Do you qualify?

Secondly, the Act is only applicable to a transaction done "in the ordinary course of business". Therefore private transactions entered into between parties do not fall within the ambit of the Act. For instance, the owner of a residential property who leases the property is not bound by the provisions of the Act, as they are not in the business of leasing property (as in the case of a property developer).

Thirdly, 1 April 2011 is the magic date when determining whether the Act is applicable to a certain transaction. The Act has very limited application to transactions entered into before then. Only if you are dealing with a fixed term agreement (like a cell phone contract or a lease) that has two or more years left to go from the magic date are certain sections of the Act applicable (such as the right to terminate on 20 business days' notice for individuals).

After considering whether the Act is applicable, you need to understand how to enforce it. As with so many other pieces of legislation in South Africa which have the greatest of intentions, the true measure of its impact is in its enforcement.

When faced with an infringed right provided under the Consumer Protection Act, your first point of call should be the supplier directly. If you don't have any luck in resolving it with them, your next step should be the applicable industry ombud or the local consumer court. If the matter is still not adequately addressed, then the matter can be taken to the National Consumer Commission & Tribunal (if such a direct referral to the Tribunal is permitted by the Act).

Important phone numbers to keep on speed dial therefore include the following:
Western Cape Consumer Affairs Office: 0800 007 081
National Consumer Forum: 012 428 7071
The Consumer Commission: 0860 266 786
The Consumer Tribunal: 012 663 5616

The truth about the Act is that if you are a party who is afforded protection, as of 1 April 2011 you've got a whole new basket of rights to rely on – you just need to have the patience and the tenacity to go through the right channels to enforce them.

Nichola Walker-Woodard is a Director at Robyn Hey & Associates, a boutique law firm in Cape Town offering specialist legal services in Corporate and Commercial drafting and transaction advice, Commercial Litigation, Insolvency and Business Rescue, Conveyancing and Alternative Dispute Resolution.

082 820 4845 or 021 843 3163 | harcourts@kelderhof.co.za | www.kelderhof.co.za