History of the Estate
Avonddans II Home Owners Association (stand 144) and Avonddans Country Estate (stand 138) are two separate developments with their own constitutions and building rules. The developers had a co-operation agreement with the development of the Estate, which led to one entrance, the same bricks for the roads, a great deal of uniformity with, for example, the lampposts, fencing, etc.
A notarial deed has been registered by the developers in favour of Avonddans Country Estate owners to gain access to Avonddans Country Estate from Bekronendreef Street. Avonddans II Home Owners Association owns the entrance building and the storage room.
Groot Brak Properties (PTY) Ltd which developed Avonddans II Home Owners Association which was liquidated in 2011 and PC which developed Avonddans Country Estate was liquidated in October 2009. The liquidation of both developments resulted in both not being properly taken off the ground by the developers. This in turn had a very negative impact on the functioning and funding of both Home Owners Association’s. By 2009, both Home Owners Associations were in financial trouble.
During a Home Owners Association meeting held on 1 April 2010, the residents of Avonddans II Home Owners Association and Avonddans Country Estate decided to merge and function as one Home Owners Association going forward.
During the Annual General Meeting in 2015, members instructed the trustees to obtain a legal opinion about the validity of the combined Home Owners Association . The legal opinion found that the merger of 2010 is invalid because 90% quorum of the owners of both developments were not present at said meeting. Thus the decision was invalid. The legal opinion further suggested that the developments go back to their original constitutions, building codes, etc. They should establish their own Home Owners Association’s in order to be legal entities.
During May 2016, this matter was debated at a joint Home Owners Association Meeting and the legal expert’s proposals were accepted. It was decided that delegates from each Home Owners Association would serve on a joint committee to coordinate the common interests and to speed up the division process of the joint Home Owners Association.
After negotiations, a division and distribution of assets and liabilities agreement and Co-operation agreement was reached. This was signed on 8 January 2019. The contracts were executed at a high cost. The co-operation committee was established as defined in the Co-operation agreement. During the duration of the co-operation agreement the two Home Owners Associations could not agree on the shared infrastructure projects, maintenance and contributions. According to the Co-operation agreement, Avonddans II Home Owners Association had to ask for permission for any upgrade or new projects on the common infrastructure located on Avonddans II Home Owners Association’s property. The two Home Owners Associations have two different visons and consensus was seldom reached. Avonddans Country Estate terminated the co-operation agreement with effect from 1 July 2021.
Currently each Home Owner Association maintains its own infrastructure and Avonddans Country Estate contribute 47.5% of the cost for the maintenance and upkeep of Bekronendreef street as defined in the notarial deed. ACE also shares the security expenses at the entrance building on the same principle.
Since the termination of the co-operation agreement Avonddans II Home Owners Association have done a number of improvements which were delayed due to the restrictions of the co-operation agreement.