Small businesses have struggled as a result of the Covid-19 lockdown. Many had no income for months. Around the world, small business owners are terminating their leases at shopping centres and office buildings and seeking more affordable options, including working from their homes.

In South Africa, this is creating challenges for community housing schemes like residential estates and the homeowners’ associations that manage them. Small business owners must arm themselves with the facts, including the municipal regulations and the memorandum of incorporation within their own estate before moving any business enterprise into their home. Homeowners’ association directors should also consider refining their rules in order to mitigate risks and the impact on other residents.

In large estates, the properties may be able to accommodate small businesses, but generally, the estate directors need to be really specific about having the correct rules in place if they decide to allow an estate, which is strictly speaking for residential purposes only, to accommodate certain home enterprises. A formal application should be made to the directors, and the business must comply with the rules of the estate and the municipal by-laws.

I was recently consulted by an estate in Fourways, Johannesburg, about a homeowner who wanted to close her hair salon and work from home. She planned to convert an entertainment area into a home salon. In terms of Section 20 of the Home Enterprises for Professional Occupation, City of Johannesburg Land Use Scheme (2018), an owner wishing to use his or her residential building as a home enterprise may do so, provided certain conditions are met.

It is important to first note that some businesses are not permitted to operate in a residential area at all. These include motor sales, heavy mechanical repairs, a car wash, spray painting operation, a shop or retail outlet, spaza shop, tavern or shebeen, restaurant or coffee shop. And while the hair salon in question would have to comply with certain conditions, a pet grooming salon would be a no-go from the outset. Further businesses not permitted to operate from a home are a place of amusement, commune and hotel.

Once the business owner has established that their particular trade is not specifically excluded, they would then need to ensure that not more than 25% of the built floor area of the unit will be used for the non-residential purpose; or 50m² of the dwelling. The principal of the business must also be a permanent occupant of the residential home. The number of people who may work at the business is limited. A maximum of two other people – in addition to the members of the household who live there permanently – may work at the home business.

Parking is a consideration, and must be to the Council’s satisfaction. It is also stipulated that any home business, profession or occupation that causes an undue increase in traffic will not be permitted. In addition, the enterprise must not negatively impact any infrastructure services and place greater demand on these than normal domestic use would. Any business that interferes with the aesthetic appearance of the neighbourhood or creates noise, smells or dust would not be permitted.

Once the business owner has ensured compliance with the conditions set out by the Council, there are also the rules of the specific estate to be considered. In a community housing scheme like a residential estate, the business should be subject to approval by the Homeowners’ Association. The rules of the estate where the hair salon was planned stipulated that no business activities could take place without the written approval of the homeowners’ association and the approval of the City Planning Department. The resident was not able to proceed with her home business plans.

I urge anyone considering a home business to study the municipal regulations and the memorandum of incorporation of their homeowners’ association. I recommend that homeowners’ association directors ensure that their rules clearly state that no business activities or trade may take place without the written approval of the homeowners’ association, and that the rules are aligned with the municipal by-laws. In this way, each application can be considered individually, and everyone’s interests are protected. In the event that the rules are breached, the association would be entitled to institute legal proceedings in respect of such a breach, as well as refer such conduct to the relevant authorities for breach of the by-laws.

Marina Constas
Director, BBM Law

Dear Silverstone Members,

The HOA would like to remind players that the Multi-Purpose Court is open to all residents/members of Silverstone Country Estate.

Tournaments of any kind are not permitted. The court is primarily for Silverstone residents.

Booking of the court may be done at the door of the Guardhouse (taking into consideration social distancing & PPE).

Parents of younger children, please ensure that your child/ren are aware of the rules. They are not to come to the guardhouse in groups to book the court. Only the player booking the court must go to the guardhouse to collect the key.

It is not fair to expect the security officers to control the children as well to manage the visitors, contractors, service providers coming in and out of the estate.

Booking entitles the resident to utilise the facility for an hour and a half. Bookings may be revoked at the discretion of the HOA.

1. Access Card: No individual will be allowed to book the Multi-Purpose Court unless the access card has been provided.
2. Bookings: are on a first-come, first-serve basis.
   Equipment: Indoor flat soled or turf soccer shoes are required (No studded/screw in shoes).
3. Sporting Behaviour: Individuals are expected to play under control and within the rules of the sporting code selected.

The following will not be tolerated:

• Shouting and profane language being used during games.
• Incorrect Ball being used. (Only Futsal Balls are permitted for soccer).
• Hanging and leaning on the Netting.
• Playing times not being adhered to. All players to be off the court by 21h00. No exceptions.
• Litter left lying around.

Should any of the above be reported, players will be asked to leave the court and the player who booked the court will be suspended for 1 month.

Kind regards,
SILVERSTONE COUNTRY ESTATE HOMEOWNERS ASSOCIATION

Dear Silverstone Residents,

The 21st of September 2020 at 00h01 marks the start of level 1 in South Africa’s National State of Disaster.

Most normal activity can resume, with precautions and health guidelines followed at all times.

SOCIAL ACTIVITY
No limitation on personal movement but persons are encouraged to limit movement to essential travel.
Curfew: 00h00 till 04h00

Mandatory use of cloth masks (including home-made ones to cover nose and mouth) and ensure hand hygiene when in public.

Restrictions apply to selected Social Activities. Awaiting full guidelines from the Government. Should these restrictions apply, the HOA will distribute once published in the Government Gazette.

COMMON PROPERTY AMENITIES
Recreational common property amenities such as the swimming pool, braai areas, and other recreational facilities within Silverstone may now be used and enjoyed by residents (in accordance with the Rules & Regulations of Silverstone) and subject to all persons wearing a face mask and strict adherence to all health and protocols and social distancing measures.

One should, however, keep in mind that this does not mean that the proverbial recreational flood gates are now open, as certain restrictions on gatherings remain in place. Such as no more than 50 people may use certain amenities at a time.

As we move to the promise of a blossoming and blooming Spring, the HOA would, once again, like to thank the Silverstone community for their co-operation during these challenging times and encourage its residents to continue to work together as a community to exercise caution and care.

Keep safe,
SILVERSTONE HOMEOWNERS ASSOCIATION

Dear Silverstone Residents,

A circular was emailed today, 13 August 2019 by Pretor regarding the garden maintenance responsibilities of your property.

Should you have missed the email, you can download this Important Communique here to familiarise yourself with the maintenance requirements set out by the HOA.

Kind regards

Charlene Crous
Silverstone HOA Estate Manager

A circular was emailed on 12 June 2019 which refers to Home renovations approval, Children’s safety and behaviour and lost property:

Should you have missed the email, you can download this circular under the navigation Important Circulars.