Frequently Asked Questions
Question about cessions
Pinksterpark and all immovable property comprising the site are registered in the name of “Die Apostoliese Geloof Sending van Suid-Afrika Pinkster Park Trust” in the Deeds Office. The Trust is the full right-holder.
No Cessionary may claim transfer of ownership into their name. No claim may be instituted, and no residential unit or any portion thereof may be pledged, alienated in any way or encumbered without the prior written consent of the Pinksterpark Trust or otherwise than in accordance with the provisions of an applicable authorising agreement.
The Limited Personal Right of Use is a personal and contractual right to occupy and use the Unit in accordance with the Cession Agreement. It does not confer ownership or any registrable real right and may not be sold, transferred, ceded, pledged or otherwise encumbered except in accordance with the Cession Agreement.
- Only persons who have been active members of the Apostolic Faith Mission of South Africa (The AFM of SA) for more than two (2) consecutive years may qualify for a cession.
- Proof of membership must be provided with the application, including:
- Certificates/declarations of membership and “in good standing” signed by the secretary of the relevant Apostolic Faith Mission of South Africa congregation;
- Contact details of the relevant pastors and congregations where the applicant served during the relevant period;
- Proof that the request to reside at Pinksterpark and the proof of membership were recorded in the minutes of the relevant congregation’s governing council, with reference to the council resolution and minute details.
- POPIA: By providing these documents and contact details, the applicant consents to the Trust processing the information for verification, administration and compliance, and to the Trust contacting the relevant congregation’s secretary/pastors for confirmation (See Annexure A).
- 21-day proof rule (retained): The Trust may at any time require written acceptable proof that a Cessionary remains an active member of the AFM of SA. The proof must be delivered within twenty-one (21) days of the request date.
- If the proof is not delivered within 21 days, the failure to provide proof may trigger the Trust’s right to initiate reversion, subject to the applicable notice, fairness and legal-process provisions of these Cession Rules, including PIE where applicable.
- If a Cessionary ceases to be an active member of the AFM of SA or his/her relevant congregation, the Limited Personal Rights of Use in a cession lapse, and the cession reverts to the Trust, subject to the applicable contractual and legal process.
- Other criteria include (See Annexure A):
- Financial Qualification (CPA and POPIA compliance)
- Creditworthiness: Subject to a formal credit enquiry and debt review (with written consent in terms of POPIA).
- Ability to Pay Levies: Proof of sufficient income or funds to cover the monthly levies, municipal services and maintenance costs.
- Health and Self-care: The applicant must, at the time of application, be medically capable of living independently, as Pinksterpark does not provide full-time care.
- Acceptance of Regulations and Rules: The applicant must undertake in writing to submit himself/herself to the Cession Rules, the Park Rules, as well as the Code of Conduct of the Apostolic Faith Mission of South Africa.
- Security and Safety: In order to safeguard the safety and integrity of the Pinksterpark community, each applicant must, at his/her own cost, submit an official South African Police clearance certificate (not older than three months) as part of the screening process. The Trust undertakes to handle this information strictly in accordance with POPIA and to use it only for the purpose of the application.
- Every Cessionary, occupier and resident shall comply with all access-control procedures, gate rules, visitor-control measures, security protocols and related directives issued by the Trust and/or Park Management from time to time for the safety and security of Pinksterpark and its residents. Each Cessionary and occupier shall take reasonable steps to ensure that all members of the household, visitors, contractors, employees and other persons entering the Park through or under that person’s authority also comply with such requirements (also see Annexure G).
- No person shall interfere with, override, misuse, damage, disable, tamper with or circumvent any gate, lock, access-control system, intercom, remote device, key, code, barrier, camera, alarm, fence, lighting installation or any other security device, infrastructure or measure implemented in the Park. No person shall do or omit to do anything which may compromise, weaken or prejudice the common security arrangements of Pinksterpark.
- Each resident shall exercise reasonable care in safeguarding access tags, remotes, keys, codes and other security credentials and shall not lend, duplicate, share or distribute them improperly or allow them to be used in an unauthorised manner. Any loss, compromise, malfunction or suspected misuse affecting access control or security arrangements shall be reported to the Trust and/or Park Management without undue delay (See Annexure E).
- All roads, walkways, open areas, service areas and any other common property within Pinksterpark shall be used only for their intended purpose and in a manner consistent with the rights of all residents and occupiers to the safe, orderly and peaceful use thereof. No person shall use any common property for storage, the placing or keeping of goods or materials, obstruction, unauthorised private appropriation, exclusive use without consent, dangerous conduct, or for any activity contrary to these Rules or the Park Rules (See Annexure G).
- No item, equipment, refuse, building material, furniture, vehicle part, garden object or other movable property may be placed or left on common property except with the prior written approval of the Trust and/or Park Management, or where temporarily and reasonably necessary for lawful use in a manner that does not create danger, nuisance, obstruction or inconvenience. The Trust and/or Park Management may require the immediate removal of any unauthorised item or may take reasonable steps to remove it, with the reasonable costs thereof being recoverable from the responsible Cessionary or occupier.
The payment and amendment of levies and charges, the consequences of arrears, the exclusion of set-off, breach and cancellation procedures, termination of the Limited Personal Right of Use, eviction and the calculation and payment of the Buy-Back Amount shall be governed exclusively by the Cession Agreement and Annexure D. Nothing in these Rules authorises automatic lapse, reversion, cancellation or eviction.
- A Cessionary may not sell, transfer, cede, assign, pledge, encumber, donate or otherwise alienate the Limited Personal Right of Use to any person.
- A Cessionary wishing to relinquish the Limited Personal Right of Use must notify the Trust in writing and surrender the right to the Trust in accordance with the Cession Agreement and Annexure D.
- The Cessionary may introduce a prospective applicant to the Trust, but no person acquires any right, preference or entitlement unless and until the Trust has approved the applicant and concluded a new written cession agreement with that person.
- The Trust retains the exclusive authority to approve a prospective Cessionary and to reallocate the Limited Personal Right of Use, subject to the eligibility criteria and the governing documents.
- No payment relating to a proposed reallocation may be made directly to the outgoing Cessionary. All amounts must be paid into the bank account nominated by the Trust or its appointed attorneys.
- The valuation, deductions, Reallocation Fee and amount payable to the outgoing Cessionary shall be determined and administered in accordance with the Cession Agreement and Annexure D.
- No unauthorised agreement, advertisement, representation or transaction concerning the Limited Personal Right of Use shall bind the Trust. Any unauthorised attempted alienation may constitute a material breach, subject to the breach procedure contained in the Cession Agreement.
- A cession constitutes a contractual Limited Personal Right of Use granted to a specific Cessionary and not a transferable or alienable asset. Accordingly, no cession, or any rights arising from it, may be bequeathed, devolve by will, or pass to any heir or beneficiary upon the death of a Cessionary.
- Upon the death of a Cessionary, the cession agreement terminates, and the cession reverts to the Trust, subject only to any expressly recognised rights of a surviving spouse or co-resident in terms of the cession agreement and these Rules. The estate of the deceased shall have only such financial claim, if any, as is expressly provided for in the applicable buy-back provisions.
- The only financial interest that may devolve upon or be bequeathed to an heir or beneficiary is the net value of the Cession, as determined in accordance with the valuation process, criteria, deductions, and methodology set out in Annexure D.
- Such value shall be determined by the Trust with reference to the Pinksterpark Cession Valuation Form and any applicable adjustments, including arrear levies, outstanding debt, repair costs, compliance costs, legal costs, administrative costs, the Trust’s 20% (twenty per cent) reallocation fee and profit share, and any other amount lawfully owing to the Trust or required to regularise the unit.
- No bequest, testamentary wish, nomination, or inheritance shall confer upon any heir, beneficiary, executor, representative, or third party any automatic right to occupy, use, inherit, transfer, retain, sell, or otherwise deal with the Cession itself, except where the Trust has expressly approved such person as a Cessionary in writing in accordance with these Cession Rules.
- Testamentary Wish and Opportunity to Apply:
- A Cessionary may, in his or her will, express a wish that a specified heir or beneficiary be considered for the allocation of the Limited Personal Right of Use after the Cessionary’s death.
- Such expression of wish shall not be binding on the Trust and shall not confer upon any heir, beneficiary, executor, representative, or any other person an automatic right to the Cession, the residential unit, or any right of occupation or use.
- The Trust may, in its sole discretion, take such wish into account and may grant the nominated heir or beneficiary an opportunity to apply for a Limited Personal Right of Use in respect of the relevant residential unit, provided that such person complies with and satisfies all applicable requirements, criteria, rules, and approval processes contained in these Cession Rules, Annexure A, and any other governing documents.
- If the nominated heir or beneficiary does not apply, does not qualify, is not approved by the Trust, or does not accept the allocation on the terms determined by the Trust, the Trust may proceed to reallocate the Cession in accordance with these Cession Rules.
- In such event, the value of the Cession shall be determined with reference to Annexure D and the Pinksterpark Cession Valuation Form, subject to any applicable deductions, including arrear levies, outstanding amounts, repair costs, compliance costs, legal costs, administrative costs, and any other amount lawfully owing to the Trust.
- The Trust shall further be entitled to deduct and retain its 20% (twenty per cent) reallocation fee and profit share, calculated on the Net Cession Reallocation Price, before any amount is paid to the deceased Cessionary’s estate, executor, or duly authorised representative.
- For purposes of this clause, the “Net Cession Reallocation Price” means the value approved by the Trust for the reallocation of the Cession, after deduction of any arrear levies, outstanding debt, repair costs, compliance costs, legal costs, administrative costs, or any other amount lawfully owing by the deceased Cessionary or his or her estate to the Trust, or required to regularise the unit.
- The amount payable, if any, shall be paid to the deceased Cessionary’s estate, executor, or duly authorised representative only after the Trust has received satisfactory proof of authority, completed the valuation and reallocation or buy-back process, deducted all applicable amounts, and determined the final net amount payable.
- Unless otherwise determined by the Trust in writing, payment shall be made within a reasonable period after the above requirements have been met, and not merely by reason of the date of the Cessionary’s death.
Question about renting
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