DRAFT

REGIMANUEL GRAY EAST AIRPORT ESTATE

HOMEOWNERS’

ASSOCIATION

DECLARATION

OF

COVENANTS AND RULES

FOR

HOMEOWNERS/OCCUPIERS

June 2016
 Table of Contents

PREAMBLE ........................................................................................................................................... 4

1.0 SCOPE AND APPLICATION .................................................................................................. 5

2.0 MAINTENANCE OF HOMEOWNERS PROPERTIES WITHIN PERIMETER WALL OF

PROPERTY............................................................................................................................................ 6

2.1 Pre-Handing Over ................................................................................................................. 6

2.2 Post Takeover Maintenance Works Carried Out By Homeowner .................................... 6

2.3 Homeowner Covenants ........................................................................................................ 8

2.4 Landscaping And Gardening ............................................................................................... 9

2.5 General Aesthetics............................................................................................................... 10

3.0 ORIENTATION....................................................................................................................... 11

3.1 PRE-PURCHASE ORIENTATION .................................................................................... 11

3.2 Orientation To Existing Homeowners ............................................................................... 11

4.0 COMMON AREA ................................................................................................................... 11

4.1 Use Of Common Area......................................................................................................... 11

4.2 Maintenance Of Common Area ......................................................................................... 12

4.3 Payment For Use Of The Common Area ........................................................................... 13

4.4 Parking Of Vehicles In Common Area .............................................................................. 14

5.0 SECURITY ............................................................................................................................... 15

5.1 Engagement Of An External Security Company .............................................................. 16

5.2 Workers, Visitors And Non-Residents .............................................................................. 17

5.3 Car Stickers .......................................................................................................................... 17

5.4 Passes/Permits ..................................................................................................................... 18

6.0 HEALTH AND SANITATION .............................................................................................. 18

6.1 SAFETY ................................................................................................................................ 19

6.2 Garbage Disposal / Collection Of Solid Waste .................................................................. 19

7.0 NUISANCE ............................................................................................................................. 20

8.0 ANIMALS ................................................................................................................................ 21

9.0 LETTING OUT OF PREMISES ............................................................................................... 24

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10.0 CHARGES ............................................................................................................................... 26

11.0 MISCELLANEOUS ................................................................................................................. 26

11.1 Notices ................................................................................................................................. 26

11.2 Amendments ....................................................................................................................... 26

11.3 Dispute Resolution .............................................................................................................. 26

11.4 Enforcement......................................................................................................................... 28

12.0 INTERPRETATION / DEFINITION ...................................................................................... 29

ANNEX 1 - SCHEDULE OF NOTICES............................................................................................. 32

ANNEX 2 – CHARGES AND PAYMENTS ...................................................................................... 33

ANNEX - 3 SCHEDULE OF COSTS ................................................................................................. 37

ANNEX 4- CALCULATION OF SERVICE CHARGE ..................................................................... 38

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PREAMBLE

WHEREAS

A. Regimanuel Gray Ltd (the “RGL”) is the developer of properties in the Regimanuel Gray
Estates – East Airport (the “Estate”) and has sold properties in the Estate to various
persons (the “Homeowners”);

B. As a condition for the sale of properties in the Estate, the purchasers and the prospective
homeowners agreed to be bound by the rules governing the Estate and to also become
members of the Homeowners Association;

C. Pursuant to the development of the Estate, Regimanuel Gray East Airport Estates
Homeowners Association (the “Association”) has been set up as an organisation made
up of all Homeowners in the Estate and registered as a company limited by guarantee
under the Companies Act, 1963 (Act 179);

D. Under Article XII of the Regulations of the Association (the “Regulations”), the
Homeowners undertook to be bound by and observe the terms and provisions of the
Declaration of Covenants for Homeowners dated March 2000 (the “Declaration”) which
Declaration shall be consistent with the laws of Ghana and the local Assembly;

E. The purpose of the Declaration is to:

(i) ensure peace and security;

(ii) ensure neatness and cleanliness;

(iii) provide for the highest standard of maintenance;

(iv) enhance the values of the Properties;

(v) develop harmony amongst Homeowners and other residents; and

(vi) promote the provision of further facilities and Services.

F. It is understood by all Homeowners and the Association that the Declaration may be
amended from time to time if the context require;

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 G. Pursuant to Article II of the Regulations, the Association has empowered an Estate
Management Company (“EMC”) to be responsible for the implementation of the
Declaration and to ensure compliance with the Declaration. The EMC is also mandated
to make recommendations for additions, and amendments to the Declaration in the
context required but the recommendations shall be subject to the approval of the
Association;

H. The EMC in conjunction with the Association and in line with its responsibility has
made such recommendations for amendments to the Declaration;

I. The Association desires to adopt the recommendations, effect relevant amendments and,
restate the Declaration subject members to the covenants and rules herein.

J. Accordingly, the Association at its meeting of June …. 2016, adopted these Declarations.

NOW THEREFORE THE ASSOCIATION AFFIRMS THESEDECLARATIONS AND

COVENANTS AS HEREIN STATED:

1.0 SCOPE AND APPLICATION

(a) This Declaration and all its amendments and supplements shall be binding upon:

(i) the Association;

(ii) each Homeowner;

(iii) tenants/ occupiers/ users;

(iv) The EMC; and

(v) RGL, their assigns and all parties claiming under them or under this Declaration
and shall inure to the benefit of and be enforceable by the Association, each
Homeowner, and all succeeding Homeowners.

(b) All Homeowners shall observe all the rules provided in the Declaration so as to ensure
Homeowners’ full enjoyment and benefit of their property.

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 (c) It shall be the duty of a Homeowner to ensure compliance with the rules in this
Declaration by their agents, assigns and all persons present in the Estate under the
Homeowner’s authority or consent.

2.0 MAINTENANCE OF HOMEOWNERS PROPERTIES WITHIN PERIMETER WALL

OF PROPERTY

2.1 Pre-Handing Over

Regimanuel Gray Limited shall be responsible for all works on the Homeowner’s
property prior to handing over of the property.

2.2 Post Takeover Maintenance Works Carried Out By Homeowner

After hand over of the property, the Homeowner, its agents or assigns shall observe the
following:

(a) All alterations, modifications or additions to the exterior of properties shall be carried
out subject to approval by RGL and the EMC.

(b) Home improvements which can be seen from the exterior of the property including but
not limited to replacing windows, exterior painting, adding or replacing exterior light
fixtures, roof or exterior modifications, shall be subject to approval by the developer /
the EMC prior to the commencement of the works.

(c) The colour of the exterior of the building and fence walls shall be in accordance with the
colour scheme of the Estate, and must be in substantial conformity with already existing
screen doors within the Estate. Such doors shall be constructed of a quality material. All
owners shall be responsible for proper maintenance and repair of their own doors??.

(d) All windows shall be properly covered with appropriate material. The following
material shall not be used to cover windows:

(i) Sheets

(ii) Blankets

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 (iii) Boards

(iv) Plywood

(v) Or any other unsightly material

(e) Exterior and interior modifications or additions are prohibited, except as authorized by
the developer through the EMC. This includes the home exterior, patios, balconies,
landscape planter areas, fence walls, etc. Written architectural approval must be secured
when exterior changes are desired. A sketch of changes must be submitted to the EMC
and RGL for review.

(f) Construction works for any modification, addition, external or internal works may only
be carried out between the hours of 7am to 5pm Monday to Friday and from 8am to
2pmon Saturday. Construction work shall not be permitted on Sunday.

(g) Maintenance works which generates noise which can be heard outside the property
including but not limited to sawing, drilling, power washing hammering, blowing,
mowing may only be carried out between the hours of 8 am to 5pm Monday to Friday
and from 8am to 2pm on Saturday. Noise generating maintenance shall not be permitted
on Sunday.

(h) Other than as may be fixed before takeover, permission (in the form of official permits)
must be obtained from the EMC for the following exterior attachments:

(i) TV antennas, including Cable TV;

(ii) Satellite dishes (receivers, per size and installation method approved by the EMC);

(iii) Masts for internet reception;

(iv) Solar panels and windmills;

(v) Shutters;

(vi) Air conditioning in walls, windows, or on roofs;

(vii) Awnings;

(viii) Exterior sun shades;

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 (ix) Doors;

(x) Wrought iron bars or gates;

(i) Unapproved construction works shall be stopped and / or and shall be required to be
removed by the Homeowner within 72 hours of being served with a notice to stop work
or remove the unapproved structure and may not continue with the work until proper
approval is applied for and received.

(j) Where the Homeowner fails to comply with the notice to stop work or remove the
unapproved structure, the unapproved structure shall be brought down by the EMC at
the cost of the Homeowner.

(k) Residents who paint their houses with unapproved colours shall be notified by the EMC
to revert to the approved colour scheme of the estate within 48 hours or sanctions??

(xi) Garage doors??

2.3 Homeowner Covenants

(a) Maintain their properties and its surroundings including the area between the kerb and
the boundary of the property, in a sanitary condition and to ensure that their families,
domestic staff, agents or visitors conduct themselves and maintain the properties and
surroundings in a hygienic and proper manner;

(b) Ensure that their tenants maintain the properties in accordance with the Declaration.
Homeowners shall be liable for breach on the part of their tenants, occupiersassigns and
agent;

(c) Ensure the properties are generally clean and tidy and kept free of all debris;

(d) Be responsible for the maintenance of all facilities including swimming pools and
basketball equipment? on their properties;

(e) Not to allow water to stagnate on their premises or do anything that may lead to the
breeding of mosquitoes or pose a threat to the health of persons in the Estate;

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 (f) To use their properties solely for residential/dwelling and related purposes and for
services, activities and recreation in conjunction with residential use;

(g) Not to use their properties or any part of the properties at any time for the purpose of
carrying on any business, profession or trade of any kind and in particular, not to
operate a shop, discotheque, club or any sort of entertainment facility for commercial
purposes;

(h) To ensure that no domestic staff or other person under their control engages in selling or
hawking on their property or anywhere in the Estate;

(i) Not to create any stores, shops, kiosks, for any purpose on their properties;

(j) Not to erect signposts or billboards on any part of their property unless with the prior
written authorization of the EMC;

(k) Not to post bills on any fence wall, tree or fixture in the Estate. Homeowners may
however place funeral posters on their building.

(l) Neither they nor their assigns and agents shall make graffiti on any wall in the Estate;

(m) To notify the EMC of all gatherings, parties or other similar activity which will require
the convergence of more than twenty (20) people in the property of the Homeowner. In
case of parties, seven (7) days’ notice in writing must be provided to the EMC. Parties
must not extend beyond 12 midnight and all loud music must cease at 10p.m.

2.4 Landscaping and Gardening

Homeowners covenant as follows:

(a) Where at the time of takeover of the property, the property is not landscaped and there
is a provision for such landscaping, the Homeowner/Occupier shall complete the
approved landscape within two (2) months of taking over. The source of the materials
for the landscaping shall be from appropriate landscaping entity.

(b) Ensure that their properties are kept free from overgrowth of grass, weeds or other
unsightly growth and their gardens well-manicured.

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 (c) Mow their lawns at least once a week and ensure that trees in their gardens do not
obstruct or interfere with the power lines and that hedges do not grow over the walls
and shed leaves and flowers on the streets.

(d) Ensure trees, plants or sidewalk lawns are not damaged, removed or planted under any
circumstances.
Lawns in front of the homes are classified as common area and maintained by the association as
part of the service charge.

(e) Plants for patios should be selected with discretion to prevent problems. Homeowners
will be surcharged for any damage to common walls or walkways by branches or roots
from patio plants.

(f) The cultivation of food crops on the properties of Homeowners is strictly prohibited.

2.5 General Aesthetics

(a) Fences and / or walls and outbuildings forming part of the streetscape, shall be regularly
maintained and painted where necessary. Fence walls and common areas shall be
painted once every two years by the Association for uniformity as part of the service
charge.

(b) Building materials shall under no circumstances be dumped on the sidewalks or streets.
All aggregates and building supplies shall be placed inside the compound such that the
gates can be shut and the materials will not be washed unto the street when it rains. The
owner will be liable for any damages in this regard.

(c) Articles of clothing, linens, towels, or bathing suits shall not be hung on patio fences,
gates, landings, balconies or from windows;

(d) Driveways shall be properly maintained, and free of oil and grease; Cars shall not be
parked in driveways to ensure easy access for pedestrians and wheel chair users.

(e) Patio areas and compounds are shall be well maintained to preserve and protect the
attractive appearance of the Estate; and to

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 (f) Promptly repair and maintain their properties to the extent it affects adjoining
properties.

3.0 ORIENTATION

3.1 PRE-PURCHASE ORIENTATION

(a) Upon completion of the property and before hand over of property, the RGL shall notify
the EMC to conduct orientation for the Homeowner;

(b) The EMC shall conduct the orientation on a date agreed with the Homeowner and notify
the RGL of the completion of the orientation;

(c) The RGL shall then hand over the keys of the property to the Homeowner and notify the
EMC that the Homeowner has taken possession of the property.

3.2 Orientation to Existing Homeowners

All Homeowners shall be given copies of the Regulations, Declarations, Rules and Bye-
laws at no cost. Tenants shall be given copies of the Regulations at a cost to their
homeowners.

4.0 COMMON AREA

The Homeowners agree to comply with the following rules affecting the common facilities:

4.1 Use of Common Area

(a) It is prohibited to discard any item onto the Common Area. This shall include all
discards out the front gate, over the back or front fences or discarded out any window;

(b) No empty bottles, empty cans, spare parts of vehicles, articulated trucks or other trucks,
derelict vehicles or any other articles, the presence of which may be an eyesore or
otherwise unpleasant in the neighbourhood shall be placed, parked or allowed on the
roads, driveways, pavements, sidewalks or the Common Area;
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 (c) No deposits of aggregate, stones, sand, black soil, etc. shall be placed on any roads,
pavements, sidewalks, lawns or any common place in the Estate.

(d) Homeowners who encroach on the common areas will be required to remove such
unauthorized structures or cease such unauthorized activities immediately. In the
alternative, any such unauthorized structure shall be removed and the Homeowner
surcharged with the cost of removal;

(e) Homeowners shall neither trim nor cut any tree that has been planted by RGL nor
tamper with the lawns in front of their properties or in the Common Area. Where a tree
has overgrown into a Homeowner property and causes obstruction to the Homeowner,
the Homeowner shall immediately report such obstruction to the EMC for it to be
removed;

(f) Football, volleyball, basketball, ball games and any other outdoor games shall be
restricted to defined areas within properties and not within the confines of the common
areas of the Estate;

(g) Trees planted in the common areas shall be not be broken, damaged, cut or destroyed by
a Homeowner. The responsible Homeowner shall be surcharged with the cost of
replacing any tree broken, damaged or destroyed;

(h) Children under twelve(12) years of age must not be left unattended in any Common
Area;

(i) Homeowners are responsible for any Common Area damage caused by them, or a
member of their household, their tenants, their guests, or pets.

4.2 Maintenance of Common Area

(a) Maintenance shall include, but not limited to,

(i) Removal

(ii) Repair and

(iii) Replacement

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 of all landscaping and other flora, structures, and improvements situated upon the
Common Areas, and such portions of any additional property included within the Area
of Common Responsibility as may be dictated by the Declaration or by a contract or
agreement for maintenance thereof by the Association.

(b) The external walls shall be painted once every two (2) years in the general colour scheme
prescribed by the Association.

(c) Homeowners shall allow the workers of the EMC access to their properties as may
become necessary in the provision of services in respect of the Common Area. Except in
situations of emergency, Homeowners shall be provided with a forty-eight (48) hour
written notice to that effect.

(d) Homeowners/Occupiers are not permitted to paint, repair, maintain, alter, or modify
any railing or any installation of the Common Area.

(e) Homeowners shall ensure that plants on their properties which extend over walls into
the Common Area are properly trimmed.

4.3 Payment for the Maintenance of Common Areas

(a) Except as otherwise specifically provided herein, all costs associated with maintenance,
repair and replacement of the Common Facilities shall be the collective responsibility of
Homeowners and paid for as part of the Service Charge.

(b) Each Homeowner shall be liable for the expense of any maintenance, repair or
replacement of any part of the Common Facilities which is necessitated by an act,
neglect, or carelessness or by the act, neglect or carelessness of that Homeowner or
his/her assigns or agents.

(c) Where a utility service is provided to the Estate as a unit, a common metering may be
adopted where conditions so demand and be managed behalf of the Association.

(d) Where conditions permit, additional meters shall be installed for each property and each
home shall be billed separately in accordance with its use of the common facility.

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 (e) Where conditions do not permit the installation of individual meters in addition to the
common meter, the bills shall be reasonably allocated to the individual properties.

(f) Payment in respect of utilities billed through common metering shall be made to the
Association for onward payment to the utility service provider.

4.4 Parking Of Vehicles In Common Areas

The following shall apply to the parking of vehicles by Homeowners, their agents and
assigns in the Common Area:

(a) Double parking on both sides of the road must be avoided to ensure that the roads are
easily accessible and passable at all times;

(b) Parking on pavements and driveways is strictly forbidden

(c) Motor vehicles owners shall park in such a way so as not to inconvenience their
neighbours;

(d) The Common parking areas are for the use of guests and visitors only.

(e) Commercial vehicles and transportation may be temporarily parked in or off the streets
while making deliveries;

(f) On the first infringement of parking Bye-Laws, the security personnel shall request the
individual involved to observe the rules. Where the offender refuses to comply despite
the reminder, the security personnel shall report to the appropriate local government
authority or regulatory agency to have the vehicle clamped. The offending individual
would have to satisfy the requirements of the appropriate local government authority or
regulatory agency to have his/her motor vehicle released;

(g) The speed limit in the Estate shall not exceed twenty (20) mile per hour;

(h) Storage of multiple motor vehicles, mobile home, camper, commercial vehicle, boat,
trucks larger than 3/4 ton, or trailer in common area parking is strictly prohibited;

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 (i) Homeowners are responsible for removal of any oil or grease marks on driveways or
sidewalks. Cost for any oil or grease marks, or damage to any Common Area having to
be removed or repaired by the Association will be assessed to the responsible owner;

(j) Parking on the lawns or landscape is absolutely prohibited at all times;

(k) There shall be no vehicle repairs allowed in any drive way or common area, mechanical
work on cars in the complex is not permitted at any time except for emergency repair
(flat tire, charge battery, add fluid);

(l) The Association shall not be responsible for the maintenance, insurance, liability, theft,
vandalism or any damage which may come to any vehicle. The vehicle(s) owner shall be
totally responsible for any vehicle parked upon the Estate and shall include personal
and/or private property.

(m) It is strictly forbidden to leave valuables in such a way that they may be clearly visible in
cars and serve as an attraction to thieves.

(n) Parking signs are to be strictly adhered to at all times. Violators will be subject to
automatic tow-away;

(o) Unserviceable vehicles shall be removed from the common area within 48 hours.

(p) An unserviceable vehicle found within the common area of the estate 48 hours after
notice shall be towed away and the cost of towing be borne by the owner.

5.0 SECURITY

(a) The security of the Estate shall be the responsibility of each Homeowner/Occupier; Commented [JD1]: Further clarification required.

(b) Homeowners shall be notified of visitors at the Estate Gate through the intercom system.
Exceptions may be made where the intercom is unavailable or out of order;

(c) Visitors shall only be allowed into the Estate after confirmation of the Homeowner;

(d) Notwithstanding the common security system provided by the Association,

Homeowners shall be responsible for the security of their properties and take adequate

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 steps to secure their gates, doors and windows and vehicles and to prevent
unauthorized access into their property.

(e) The Association shall not be responsible for replacing any lost items in case of theft.
Homeowners/Occupiers (not the Estate Security) shall report every case of theft to the
police;

(f) Homeowners are under an obligation to report all criminal or suspicious activities to the
Association, or the Ghana Police Service.

5.1 Company Estate Security

The Association employs its own security staff under the management of the EMC. The duties
of the security detail shall include:

(a) Provide twenty four (24) hours gate attendance, round the clock site patrol line and
general security to the Estate;

(b) Inspect car stickers of residents’ vehicles to help identify them as bona fide residents of
the estate. Car stickers notwithstanding, residents will not be given automatic access to
gates other than their gates of residence. Tenants who terminate their residence on the
estate shall return their car stickers to the EMC.

(c) Inspect the ID cards of all domestic staff entering the estate. Staff with expired ID cards
will not be allowed on the Estate until properly renewed. ID cards notwithstanding, staff
will not be given automatic entry into gates other than their gate of residence.

(d) Conduct searches on individuals, motor vehicles and interrogation of visitors;

(e) Monitor the movement of cars without stickers and pedestrians, especially between
11p.m. and 4 a.m. and question them if necessary; Pedestrians who cannot give proper
explanations of their presence within these hours shall be escorted off the estate.

(f) Regulate access to the Estate in respect of non-residents/motor vehicles that do not meet
the Estate’s security criteria/checks;

(g) Report residents who do not cooperate with the security measures to the EMC;

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 (h) Ensure compliance with parking rules;

(i) Restrict movement within, into and out of the Estate if necessary;

(j) To monitor CCTV equipment installed by the EMC in the Estate and collect other
photographic evidence of persons who violate any of the covenant in the Declarations.

(k) Provide human support for biometric access to the estate

5.2 Workers, Visitors and Non-Residents

(a) All Homeowner shall register their domestic staff with the Association. Proof of identity
in the form of a national identification card (voter identification card, passport or
driver’s license) shall be required for the purpose of the registration;

(b) The Association shall maintain a register of all registered persons on the Estate and issue
photo identity cards which shall be renewed on a yearly basis. A copy of the register
shall be given to the Security Manager;

(c) All identity cards shall be returned to the Association upon cessation of employment of
domestic staff. Where cessation is as a result of dismissal, this shall be duly
communicated to all Homeowners;

(d) A domestic staff dismissed for any form of misconduct by a Homeowner shall not be
allowed to work at any other property or any part of the Estate.
(e) Domestic staff who resist security checks?
(f) Residents who fail to get ID cards for their staff and pick them at the gates instead?

5.3 Car Stickers

Homeowners covenant to:

(a) Obtain car stickers for each car that they own and renew them annually;

(b) Be treated as visitors and be required to check in at the security gate before being
permitted to enter the estate where they have not obtained car stickers;

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 (c) Have their visitors/invitees (who may not be required to obtain car stickers) go through
security checks at the gate.

5.4 Passes/Permits

(a) Homeowners shall obtain passes for the following:

(i) Planned parties and social events that will involve more than 6 visitors at a time.

(ii) movement of household items in and out of the Estate;

(iii) movement of artisans, visitors, invitees;

(iv) movement of livestock in and out of the Estate; and

(v) any other activities determined by the Association in general meeting.

(b) Items covered by passes and permits shall be moved between 8a.m. to 5p.m. on
weekdays and 8 a.m. to 2.00 p.m. on Saturdays only.

(c) Items not covered by passes will be denied entry into or exit out of the Estate by the
security personnel.

(d) Homeowner(s)/Occupiers in arrears of Service Charges and any other approved levies of
the Estate will not be granted passes or permits until all outstanding payments are
settled in full.

6.0 HEALTH AND SANITATION

In pursuit of the general well-being of all in the Estate and to ensure the highest form of safety,
all Homeowners declare that:

(a) Their properties will be kept free from empty bottles, tins and containers, pools or waste
water likely to provide breeding grounds for mosquitoes, flies and other insects or
vermin in the neighbourhood.

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 (b) No toxic or hazardous substance shall be brought upon any part of the Estate except in
such quantities as is customary for private household use.

(c) They shall not place, permit or cause to be placed any carrion, filth, dirt, refuse or any
offensive or unwholesome matter on any street, open space, or enclosure within the
Estate.

(d) Garden waste or any other rubbish shall not be burnt within the estate.

(e) They shall not undertake any activity on their properties or on the Estate which may be
or become insanitary or a danger to health and safety of the neighbourhood.

6.1 SAFETY

(a) Homeowners shall not keep or have on their properties any article or thing of
dangerous, inflammable or explosive character that might unreasonably increase the
danger of fire on their property and spread to adjoining properties in the Estate

(b) Homeowners may store LPG for domestic use as well as a maximum of two hundred
(200) liters of petrol or diesel for the operation of generators. However, such storage
must be in the manner prescribed by law and appropriate precautionary measures
should be taken by the Homeowner. Commented [JD2]: Further clarification required on
the storage of petrol or amount of petrol that can be
stored.
(c) Homeowners shall take all necessary precautions against fire and install firefighting
equipment on their properties as prescribed by the Council. Such equipment shall
include fire extinguishers and smoke alarms.

6.2 Garbage Disposal / Collection of Solid Waste

(a) Refuse collection is provided as part of the composite services under the Service Charge.

(b) Only dustbins prescribed by the Council may be used as receptacles for solid refuse and
shall be kept well covered at all times. The Association shall employ the services of an
external waste management company for dustbins to be emptied once a week from
designated points within the Estate. Where the service is not provided on the designated
days, Homeowners shall inform the EMC immediately.

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 (c) Where the EMC has been notified by the external waste management company of a
change in its schedule, the EMC shall immediately notify Homeowners of the change in
schedule.

(d) Dustbins shall be placed in the driveways of the properties on the collection days. All
dustbins shall be lined with the Association’s provided bin liners. All extra rubbish must
be placed in specially inscribed “EXTRA” bin liners or bins with “EXTRA” stickers
purchased from the EMC office. Extra refuse will not be collected if not treated
accordingly.

(e) Refuse will not be collected if it is not appropriately bagged or if the resident owes
service charge.

7.0 NUISANCE

Homeowners covenant as follows:

(a) Ensure that nothing is done on the Estate either willfully or negligently which shall be or
become a nuisance or annoyance to residents by reason of undue noise, however caused.
Particular care should be taken to avoid excessive noise caused vocally or by any sound
system or other instrument especially where a Homeowner is engaged in a wake or
organizing a party.

(b) There shall be no loud music after 10 pm.

(c) Not to operate or permit the operation of any machines, appliances, accessories or
equipment including generators in such manner as to cause, in the judgment of the
Council, an unreasonable disturbance to others. All generators must be fitted with a
silencer. Homeowners/occupiers who install generators without a silencer shall be
required to either fit a silencer or remove the equipment from the estate.

(d) Ensure that the noise level of such equipment shall not exceed the minimum standard
set by the Environmental Protection Agency (EPA) for residential areas.

(e) Report cases of violations of limits on noise levels to the EMC who shall notify the
defaulting Homeowner to comply with the requirements. Where the defaulting
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 Homeowner fails to comply with the notice, the Council reserves the right to make a
formal complaint to the appropriate authorities.

(f) Not to cause harmful smells such as burning of rubbish or other such nuisance to the
detriment of occupiers of adjoining properties or other people in the Estate.

(g) Not to solicit and or distribute pamphlets, political signs, religious material, fliers etc.
within the Estate

(h) Not to discharge fire arms, fire crackers, knockouts, and use laser lights within the
Estate.

(i) Homeowners may deploy firework displays subject to the approval of the EMC. The
EMC shall approve only firework displays that are silent.

8.0 ANIMALS

8.1 Pet Policy

Homeowners/Occupiers shall abide by the pet policy of the Association. The council shall
review the pet policy from time to time.

(a) Homeowners shall control their pets particularly dogs and keep the byelaws on dogs at
all times.
(b) Dogs which consistently bark to the annoyance of neighbours shall be removed from the
estate by the owner within 72 hours of notification by the EMC.
(c) Dogs which bite or attack any person in the Estate and dogs which bite or attack other
dogs outside their home shall be removed from the estate within 24 hours of notification
by the EMC.
(d) Dogs must be on a leash and attended anytime they are out of their home. Dogs found
on the estate without a leash and unattended shall be impounded and put down.
(e) Complaints received by the Council or the EMC regarding a barking dog could result in
the removal of the dog from the Estate at owners' expense.

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 (f) No animal of any kind shall be raised, bred or kept on any property, or in the Common
Area, except as prescribed by the Bye-laws of the Association or specifically permitted
by the Council.

(g) Homeowners may keep up to four (4) dogs and or cats on their premises. A Homeowner
who wishes to keep other animals apart from dogs and cats must request the approval
of the Council in writing. The Council may approve the request subject to conditions.
The decision of the Council shall be final.

(h) A person who keeps any pet shall apply for and obtain a yearly license from the local
Assembly for the purpose. The owner shall then submit the permit to the EMC.
(i) Homeowners shall register their pets with the EMC within three (3) days of their arrival
on the Estate and regularly update their records held with EMC particularly records on
vaccination for purposes of identification and safety.

(j) Pet owners shall ensure that their pets are vaccinated once every year against diseases,
including rabies as required by law and obtain certificates to that effect. Copies of the
certificates shall be deposited with the EMC.

(k) The EMC shall maintain a list of properties with pets and have a record of their
compliance with vaccination requirements.

(l) The EMC and Local Assembly shall carry out random checks on the vaccination records
of pets in the Estate. Owners of pets whose records are not compliant shall be subject to
sanctions in accordance with the rules of the Local Assembly.

(m) Pets shall remain within the properties of their owners and shall not be left unattended
outside the property of the Homeowner.

(n) Homeowners are permitted to walk their dogs on the Estate provided that the dogs are
always kept on a leash.

(o) Dogs are to be kept and restricted to the back of the properties. They are not allowed to
come to the frontage of the house during day time. However, they may be released to
the frontage of the properties between 10.00 p.m. and 4.00 a.m., for the purposes of
guarding the properties.

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 (p) Homeowners shall clean up after their pets and pets belonging to their invitees and
visitors and shall also be responsible for repairing and paying for any damage caused by
their pets and pets belonging to their invitees and visitors.

(q) Dog owners are required, to remove dog excrements with scoops from sidewalks,
driveways and green areas and dispose of them in their homes.

(r) The Security shall enforce provisions on the scooping of dog excrement by taking
pictures of dogs in the act and images captured by CCTV. Neighbours are also obligated
to report dog owners who fail to collect the excrement of their dogs in the Common
Area.

(s) All incidents of dog bites must be reported to the EMC who shall notify the police.
Owners of dogs will also be responsible for paying for the total cost of treatment of
persons attacked and/or injured by their dogs as well as be made to pay an appropriate
compensation to the affected persons. Such dogs would be immediately and
permanently removed from the Estate by the EMC. The cost of the removal shall be
borne by the owner of the dog.

(t) Where the EMC has reason to believe that pets are not being well kept and have become
a nuisance to the neighbours, the EMC shall have the right to have the situation
reviewed by a veterinary officer from the Local Authority and decide whether to remove
the pet.

8.2 Keeping of Livestock or Poultry

(a) No animals, livestock or poultry of any kind shall be raised, bred or kept on any
properties. For avoidance of doubt, animals and livestock shall include goats, sheep,
swine and donkeys and poultry shall include domestic fowls, turkeys, geese, ducks,
guinea fowls and pigeons.

(b) Where live poultry or livestock is brought into the Estate for consumption, they should
not be kept alive beyond twenty four (24) hours. Homeowners shall notify the EMC if
they become aware of the violation of this rule by neighbours.

(c) The EMC shall, at the cost of the offending Homeowner, remove any animal, livestock
or poultry kept beyond twenty four (24) hours or found straying in the Estate.

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 (d) Homeowners shall immediately notify the EMC about animals, livestock or poultry
which stray onto their properties. Subject to their discretion and necessary safety
precaution, a Homeowner may seize such animals and surrender them to the EMC or
arrange for the EMC to take possession of them.

(e) Any stray animal, livestock or poultry seized by the EMC shall be dealt with in
accordance with the bye-laws of Local Assembly.

(f) In accordance with the bye-laws of the local Assembly, any officer of the EMC, together
with a Medical Officer of Health, Sanitary Superintendent/Sanitary Inspector
responsible for the Estate, shall have power to enter any property between the hours of
6:00 am. – 6:00 pm where the EMC has reason to believe that unauthorised pets, poultry
or animals are being kept. Where the homeowner or his assigns refuse to cooperate
Police presence shall be sought to enforce the inspection.

9.0 LETTING OUT OF PREMISES

Homeowners covenants as follows:

(a) To obtain written approval from the Council before signing a tenancy agreement with
tenants or agreeing to rent their properties; Commented [JD3]: Further clarification is requiredon
this provision.

(b) Prior to entering into the lease agreement, to provide to the EMC and the Council the
details of the intended tenant and the Council reserves the right to object to the
proposed tenancy where there is reasonable grounds to believe that the proposed tenant
is of a questionable character or that the properties may be used for illegal or immoral
activities;

(c) To expressly provide for the following in any instrument to be executed by a prospective
tenant/ occupier;

(i) that the tenant acknowledges being aware of the Declaration,

(ii) that the tenant understands and acknowledges that he/she is fully subject to the
Declaration and must comply with them in all respects,

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 (iii) that if the tenant/occupier fails to comply with any provisions of the Governing
Documents it will be considered a material breach or default of the tenancy
agreement and this will be sufficient reason for eviction,

(iv) That the Declaration is binding on the tenant, their assigns and agents.

(d) Within 10 days of entering into the tenancy agreement provide to the EMC the name(s)
of the tenants, a description of their vehicle(s), their phone number and their email
address.

(e) That after a lease agreement is signed, to provide the EMC in writing within one (1)
month of the commencement of the lease agreement:

(i) The Homeowners current residence address, phone number and email address

(ii) A copy of the entire tenancy agreement

(iii) The legal name and the phone number of the tenant signing the tenancy agreement

(iv) the tenant’s current email address and place of work

(f) To be responsible for the conduct of all tenants and their adherence to these rules and
regulations at all times;

(g) That at or prior to signing a lease agreement, he shall provide to the new tenant, copies
of the Governing Documents;

(h) where there is an existing lease agreement in place, to comply with all the provisions of
this bye-laws at the time of renewal or extension of such leases;

(i) That the Council may evict any tenants who do not comply with the rules and
regulations of the Association, by providing written notice to the Homeowners;

(j) Service Charges, fees and fines in arrears shall be paid in full before the Council
approves prospective tenants;

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(k) That a condition of approval for him to rent out a property is that the Association
recovers any costs it incurs due to tenants, from him;

10.0 CHARGES

The Homeowners covenant to pay all approved fees, fines and service charges set out in Annex
2 and 3.

11.0 MISCELLANEOUS

11.1 Notices

(a) Where under the provisions of a law of Ghana or the Governing Documents, notice is
required to be given to a person; it shall be construed to mean only personal notice, and
shall be in writing.

(b) The address for service of any Homeowner or resident shall be their address as appears
in the books of the Association.

(c) The address for service of the Association and any Council Member shall be ….

11.2 Amendments

These Declarations may only be amended by the affirmative vote of seventy-five per cent (75%)
of the total votes of the Association membership (not just those present and voting).
Notwithstanding the above, no amendment to these Declarations shall be effective which would
contravene the Regulations of the Association.

11.3 Dispute Resolution

(a) Any questions arising out of the interpretation or application of the Declarations shall be
referred to the Council, and the Council shall determine such questions, the
determination of which shall be binding on each and all Homeowners.

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 (b) Provided always that no party and/or resident or Homeowner shall have any claim of
whatsoever nature for damages against the Association as a result of a decision taken by
the Association regarding the interpretation of these rules.

11.3.1 Dispute between Homeowners

In the event of annoyances or complaints between Homeowners, the parties involved shall
attempt as far as possible to settle the matter between themselves, exercising due tolerance,
reasonableness and consideration. Where a dispute cannot be resolved, the procedure shall be
the following:

(a) A written submission has to be made by the parties involved in the dispute to the
Council.

(b) The Council may at their sole discretion decide if they will mediate in the matter or not;

(i) In the event that the Council opts to mediate in the matter, the decision of the
Council shall be final and binding in respect of the resolution of the dispute; and

(ii) In the event that the Council opts not to mediate in the matter the parties may
resolve the dispute by legal action and/or arbitration;

11.3.2 Dispute between Association and Homeowner

In the event of a dispute between the Association and a Homeowner, the parties shall
attempt an amicable resolution of the matter. Where a dispute remains unresolved after
three (3) months, the procedure shall be the following:

(a) Either party may refer the matter to an independent arbitrator, in which event the
arbitrator's decision shall be final and binding on the parties.

(b) The arbitrator’s fees shall be paid in advance in equal shares by the parties to the dispute
and the arbitrator shall be entitled to make an award as regards legal costs.

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 (c) The arbitration shall be held in Ghana in accordance with the Alternative Dispute
Resolution Act, 2010, (Act 798).

11.4 Enforcement

(a) These Declarations shall be enforced by the EMC on the instructions of the Council and
in accordance with the Regulations and its Bye-laws.

(b) Where appropriate the EMC and the Council shall enforce these provisions through the
Security Company, local law enforcement and the Courts of law.

(c) The powers of enforcement shall include the following:

(i) fine a homeowner/occupier for violating a covenant, rule, or regulation;

(ii) entering upon a homeowner’s property to determine whether the homeowner is

breaking any rules;

(iii) entering upon a homeowner’s property to remedy a violation of these

Declarations;

(iv) suspend an offending Homeowner’s right to use the common facilities;

(v) loss of voting rights;

(vi) sue a Homeowner who violates any restriction, covenant, or rule;

(vii) hold a Homeowner responsible for any legal fees or costs incurred by the
Association in enforcing these bye-laws;

(viii) placing a lien over the home of a defaulting homeowner;

(ix) withholding of approval for renting:

(d) Assessment of fines and/or penalties for non-compliance with the Declaration will be
made by the Council;

(e) All payments received by the Association from fines levied for noncompliance shall be
applied to the general funds of the Association;

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 (f) The Council may issue enforcement notices to offending Homeowners/Occupiers which
shall state the nature of the offence and conditions of enforcement. A schedule of notices
is attached in the Annex.

12.0 INTERPRETATION/DEFINITION

Interpretation:

Words importing the singular shall include the plural and vice versa.

Words importing the masculine shall include the feminine and vice versa.

A reference to a natural person includes legal persons and vice versa.

Where figures are referred to in words and numerals if there is any conflict between the two the
words shall prevail.

Where any provision of these Bye-Laws is found to be in conflict with or inconsistent with any
law, the invalidity of such a provision shall not affect the validity of the remainder of the
provisions of these Bye-Laws.

The annexures to this Constitution form a part of this Constitution and are specifically
incorporated herein.

Definitions

In this Declaration, unless the context otherwise requires, the following shall mean:-

“Bye-laws” shall mean and refer to the bye-laws passed by the Association pursuant to the
Regulations;

“Common Area" shall refer to all areas within the Estate not assigned to specific Homeowners
but are available for common use by all Homeowners, Occupiers, visitors and service providers
and includes pavements, roads, lawns, side-walks and other walls of the Estate other than walls
bordering properties;

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“Common Facilities” shall refer to all facilities within the Estate not assigned to specific
Homeowners but are available for common use by all Homeowners, Occupiers, visitors and
service providers at a fee or discount and includes swimming pool, gym or fitness room, library
and such other facilities;

“Commercial Purposes” shall refer to any use of any home or part of the Estate for a business
or other purposes, other than for a dwelling/residential purpose;

“Council” shall mean and refer to the governing body of the Association;

“Council Members” shall mean and refer to the persons elected to serve on the governing body
of the Association;

“Developer” shall mean and refer to the Regimanuel Gray Company Limited

“Estate Management Company (EMC)” shall mean and refer to the company responsible for
the management of the Estate;

“Estate” shall mean and refer to the Regimanuel Gray East Airport Residential Estate;

“Governing Documents” shall mean, collectively the Regulations, the Declaration of

Covenants, Conditions and Restrictions, the Bye Laws and Rules of the RGEA Homeowners’
Association as any or all may be amended from time to time;

“Homeowner(s)” shall mean and refer to the person or persons or entity who have purchased
Homes in the Regimanuel Gray East Airport Residential Estate

“Homeowners’ Association (Association)” shall mean and refer to The RGEA Homeowners’
Association; a company limited by guarantee incorporated under the Companies Act, 1963 (Act
179)organization of all Homeowners in the Estate;

“Member” shall mean and refer to a person or entity who belongs to the Association by virtue
of ownership of a property in the Estate;

“Occupier(s)” shall mean and refer to the person or entity, other than a Homeowner, in lawful
possession of one or more or part of residences or any part of the Estate including tenants,
caretakers and any persons who has been given lawful charge of a property of a Homeowner;

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“Service” shall mean and refer to the services to be provided by the EMC under the Service
Agreement;

“Service Agreement” shall mean and refer to the agreement between the Association and the
EMC for the Provision of the Services;

“Service Charge” shall mean and refer to the portion of the total costs in respect of maintenance
of the Estate payable by the Homeowner or Occupier as the context requires and shall include
licensees of Homeowners or the EMC who have access and use of the Estate or part from time
to time including agents and workmen of Homeowners and the EMC;

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 ANNEX 1 - SCHEDULE OF NOTICES

A. First Offense: Warning Letter to Owner

B. Second Offense: Hearing, Letter to Owner, Possible Fine

C. Third Offense: Hearing Called By Council plus Fine

D. Reoccurring Offenses: Enforcement In Accordance With the Determination of the

Council at the Hearing.

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 ANNEX 2 – CHARGES AND PAYMENTS

Each Member shall pay a monthly Service Charge to the Council for each property owned by
the Member in the Estate. The Service Charge shall be paid as a composite fee for all services
rendered by the Association for and on behalf of Members in respect of the Estate. A
Homeowner/Occupier shall not be permitted to pick and choose services.

Payment of Charges
Homeowners are obliged to pay their portion of the Service Charge once they take possession of
their properties and shall continue to pay at all times, including periods where the property is
vacant or has been let out. The service charge is for the provision of a bouquet of services and
there shall be no exemption of any part of the service charge for any reason.

The Service Charge shall cover the following estate and facilities management services;

(a) Waste Management

(b) Security of Common Areas

(c) Maintenance Works:

(i) Maintenance of common lawns;

(ii) Maintenance of sidewalks, pavements, drain covers and storm drains;

(iii) Maintenance of internal roads;

(iv) Cleaning services of all common areas including roads by uniformed attendants.

(v) Weeding of common areas and pruning of trees,

(vi) Flushing of fire hydrants

(d) Street lighting- Activating, replacing lamps and maintaining internal streetlights and
common lights within the Estate.

(e) Communal security,

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 (f) Fumigation of common areas and demised compounds

(g) Residents Entertainment

(h) Management fees of the EMC; and

(i) The cost of services of other professionals such as accountants, auditors and legal
advisors engaged for the purposes of the Estate.

Fixing & Review of Service Charge

(a) The Service Charge shall be calculated on the basis of a budget approved by Members at
the annual general meeting.

(b) The Service Charge shall be reviewed from time to time in accordance with current
market conditions and ratified by Members at a general meeting.

(c) Where the economic conditions require an increase in the Service Charge, the Council
may determine the applicable Service Charge, subject to ratification by members at a
general meeting.

(d) The Finance Committee acting in conjunction with the EMC shall at the end of each
calendar year prepare properly Audited Accounts which shall be approved by Members
at the AGM.

(e) Provision shall be made for a sinking fund which shall be a percentage rate of the total
service costs, shall be allowed in the calculation of the service charge for the future
reinstatement of common elements over the period of their useful life.

Project Levy

(a) The Council shall approve an amount to be levied on Homeowners for specific projects.

(b) The notice of approval shall contain the following:

(i) The amount to be paid by each Homeowner;

(ii) The mode of payment;
(iii) The timeframe within which to make payment and

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 (iv) Any other relevant information.

(c) The Council shall review the applicable levy from time to time.
(d) Homeowners who fail to comply with the notice shall be sanctioned by the Council.

Mode of Payment

(a) The Service Charge shall be paid quarterly in advance.

(b) The EMC shall issue Homeowners with an invoice indicating the amount payable and
the Homeowner shall pay such amount within fourteen (14) days of the issuance of the
invoice.

(c) Payment shall be made in cash or cheques payable to the RGEA Homeowners
Association at the EMC office or directly into the bank account of the Association.

(d) The EMC shall issue Homeowners with receipts covering each payment of the Service
Charge.

(e) The total Service Charge shall be paid even when a property is unoccupied. Owners of
properties that are not occupied shall provide alternate address for the purposes of
collection of Service Charges.

Default of Payment

(a) Failure to pay the Service Charge within the specified period shall attract a penalty of
ten percent (10%) on any balance outstanding at the end of the quarter.

(b) Penalties for non-payment of Service Charge shall include denial of permits and passes
and withdrawal of services until payment is made. The EMC shall not be deemed to be
in arrears of services denied to the defaulting Homeowner during the period of the
default, upon payment of the amount due.

(c) The EMC may institute court proceedings against a defaulting Homeowner to recover
any amount due on Service Charge which is outstanding for more than sixty (60) days.

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 (d) Where a Homeowner is in default for more than twelve (12) months, the Council shall
notify the Developer of such defaults to enable the Developer invoke the applicable
sanction for persistent non-payment of Service Charge. Such defaulters would also have
their names published in the Annual Report to be submitted by the Council to the
Association.

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 ANNEX - 3 SCHEDULE OF COSTS

A. First Violation --- First Notice ¢00.00

B. First Violation --- Second Notice ¢500.00

C. First Violation --- Third Notice ¢1,000.00

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 ANNEX 4- CALCULATION OF SERVICE CHARGE

The Service Charge shall be calculated based on the following formulae:-

 Service costs – total estimated costs of service for

the year divided by number of plots = X

 Sinking fund (Y) = (X) * 5%

 Management fee (Z) = (X)* 5%

 Service fee = X+Y+Z

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