By Donna Collins
LEGAL wrangling continues between the Rössmund Golf Estate Homeowners Association (RGEHOA) and certain property owners who have breached their contract, who have been read the riot act by the Municipality in the latest council meeting.
The upmarket and one-of-a-kind Rössmund Golf Estate Development built around the scenic and sprawling desert golf course situated outside Swakopmund, is gaining attention for all the wrong reasons.
As a result the Municipality has stepped in and has authorised its Engineering Services to obtain a court interdict to demolish unlawful structures that were built onto certain houses without procedural consent.
Adding to this fiasco, over N$1 million is owed to the RGEHOA by nearly two dozen home owners, who have boycotted paying their monthly levy fees for the upkeep of the property.
Noting the legal dispute that has dragged out between these “rogue” residents and the RGEHOA, Council stated that all costs for the proposed court interdict, demolition, disposal of building rubble and administration costs involved will be levied against the municipal account of these owners.
Since Rössmund Golf Estate falls within the Swakopmund Municipal boundaries, any building plans or alterations to a building first needs a letter of consent from the RGEHOA, before submitting plans to the Municipality for approval.
Furthermore it was stated that residents can not just do as they please, and no alterations, additions or decorations may be made to the exterior without the prior approval and written consent of the RGEHOA directors.
Purchasers sign a clause anchored in the title deed of the residential erven of the Rössmund Golf Estate that all plans and alterations must adhere to the aesthetic prerequisites of the RGEHOA.
The architectural style and feel of Rössmund Golf Estate has been designed to blend into the surrounding desert scenery with colours of muted beiges, natural rock features and a generic theme running throughout. Owners may not experiment outside of this.
Council said that despite the matter being referred to the High Court, the parties cited (Ms Greyvenstein and Mr Bergh) acted in contravention of the Town Planning Scheme and the Standard Building Regulations, and have refused to budge when asked to take down their structures.
“Building extensions continued unabated with full knowledge that approval was not granted, which leaves the Engineering Services no choice but to enforce the law,” said Council.
Meanwhile RGEHOA chairperson, Pine van Wyk said that certain people who do not abide by the rules of having the privilege of living at the Rössmund Golf Estate are making problems for everyone, as owners who bought into the complex signed in the sales agreement to be part of the association which requires guidelines to the central theme running throughout the 97 houses and 56 townhouses.
“This is the first time we have encountered such disregard by homeowners, as the Rössmund Golf Estate has been designed to provide a comfortable and secure living environment for the residents, with rules in place to protect and enhance the lifestyle and maintain the unique nature of the estate,” he said.
Van Wyk also said that more problems were created when 22 homeowners boycotted their annual membership levy fees which have not been paid for the past three years.
He explained that fee entitles the homeowner to the full time gardening service, 24- hour security as well as general maintenance and upkeep and beautification of the estate. “We still have a court case pending, and would like to put this matter to rest as soon as possible to recover these funds through a legal process.”
Confidente. Lifting the Lid. Copyright © 2015