NHBRC doesn't do its job - ASHWOOD PARK IS UNENROLLED! DO NOT PURCHASE!

This Notice serves to inform the owners, banks, potential sales agents, and unsuspecting buyers of units at Ashwood Park, Ashwood Place, located on main road parklands is an unenrolled building - while I purchased on bond in 2006 for 380k - I only found out last year that it is unenrolled! I have been embarrassed financially and am currently a financial hostage to the situation REMINDER: As per the HOUSING CONSUMERS PROTECTION MEASURES ACT 95 OF 1998, 18. Obligations of mortgagees, conveyancers and MECs (1) No financial institution shall lend money to a housing consumer against the security of a mortgage bond registered in respect of a home, with a view to enabling the housing consumer to purchase the home from a home builder, unless that institution is satisfied that the home builder is registered in terms of this Act and that the home is or shall be enrolled with the Council and that the prescribed fees have been or shall be paid. (Commencement date of sub-s. (1): 1 December 1999) (2) Any conveyancer attending to the registration of a mortgage bond in favour of an institution contemplated in subsection (1) shall ensure that the home builder is registered in terms of this Act, has enrolled the home with the Council and has paid the prescribed fees in respect of that enrolment. (Commencement date of sub-s. (2): 1 December 1999) (3) A MEC shall not - (a) approve a housing development project in respect of which a housing consumer is eligible for a state housing subsidy in respect of a dwelling unit that has been or is to be constructed as part of that project; (b) grant a state housing subsidy to a housing consumer for the construction or sale of a home by a home builder; or (c) pay a home builder any portion of housing subsidy funds in respect of a housing development project approved by it, unless that home builder is registered in terms of this Act and has enrolled the project in terms of section 14(2). [Sub-s. (3) amended by s. 5 of Act 27/99] s per the HOUSING CONSUMERS PROTECTION MEASURES ACT 95 OF 1998 : 21. Offences: (1) Any person who - (a) knowingly withholds information required in terms of this Act or furnishes information that he or she knows to be false or misleading; or (b) contravenes section 10(1) or (2), 13(7), 14(1) or (2), 18(1) or (2) or 19(5), [Para. (b) substituted by s. 9 of Act 17/2007] and every director, trustee, managing member or officer of a home builder who knowingly permits such contravention, shall be guilty of an offence and liable on conviction to a fine not exceeding R25 000, or to imprisonment for a period not exceeding one year, on each charge. (2) Notwithstanding anything to the contrary in any other Act, a magistrate’s court shall have jurisdiction to impose any penalty prescribed by this Act. (Commencement date of s. 21: 1 December 1999) any person informed of this who does not inform or partakes in bonding these units is guilty of crim inal offences. ABSA Did so to me! Now we find that the ill egal set up on common property has been hidden by the managing agent www.merville.co.za I have been unable to rent out, fix sell, or occupy as it is a electrocution and fire safety concern The buildings integrity is compromised due to holes through rebar at the fire hydrants throughout the building! City Of Cape Town Municipality EVERY unit ever sold and bonded has claims for damages. I have taken them to the CSOS (2019) , who firstly took a year to give me a date for meeting, (August 2020). I recorded the meeting, they made a tonne of empty promises which I have recorded - both them and Herman Herbst - regional manager of Merville Property - and Glynis Naidoo Apples of the CSOS - ***** multiple times in this meeting - they said in the meeting a construction engineer would be sent in to assess, they sent a waterproofing guy who could not produce certification and did not even inspect the common property source. For 3 years I got no action. They then presented details of a supposed report - listing some unknown property manager and no details relating to my original complaint! I approached the NHBRC, and still no joy despite the fact it is an unenrolled building and now its at the public protector, with no joy. I have the https://csos.org.za/ lying on record! I stopped paying the managing agent to get in front of a magistrate and twice their representation ***** to the magistrate - saying we will resolve out of court, I would work with them for 6 months and the lawyer would fire them - did they know about the status and not inform? Further I stopped paying the bank in 2017 - now what bank doesn't take you to court if you don't pay - a guilty one! They instead of informing me of the ******** nature of the sale they instead listed against my credit and twice they listed the unit to gov gazette (2022 - 2023) - which is funnily enough were I found out to check enrollment - the job actually of the managing agent - I should not be approaching them about the damages and ******** setup that is on common property - they could not sell it for what I brought it for 18 years ago! If at the time of sale this was reported by the bodycorp as it is on the common property or the bank followed the mandate of inspection, or to check enrollment or to fix as per the original contract the ceiling damage already present at that time (they ***** about the source) The other apartment I had looked at at the time was in Claremont and is now worth millions! If you partake in the sale of these units it is il- legal and subject to cri - minal and civil damages including for me personally, but for anyone who has owned a unit: Without exploring Financial Services legislation, the damages include but are not limited to; • Loss of the last 9 years of rental income. • Loss for unrealised increase in value of property • Every il -legal payment ever made – 18 years of interest • Damages for what I could have done with that interest. • Every Body Corporate Fee ever made is to be paid back with interest. • Every time they sent us (unit owners) excess bills for their supposed insurer to do work annually to waterproof when the waterproofing they are doing does not actually solve anything and the damage keeps reoccurring. Is an insurer allowed to insure an unenrolled property? • Every embarrassing publishing of my details to the gazette! • Every time someone checked my credit or saw the outcome which effected my ability to operate. • Damages for being essentially being made homeless for the last few years while owning a property I can’t rent out, live in, sell or fix! • I have a personal creditor who helped with storage, although I had to sell most of my furniture in covid – partially again due to this - and I’m talking about selling for rent and food while I own an unoccupiable premises – due to the damp it can’t even be used for storage. • Damages for the ********* impact on my credit record, ability to do business, study, my health especially my mental health, my family (I was a single mother through all this and not financially supported), my poor daughters experience and mental health due to the social impact on our lives, my sanity and I can’t even date. • The reputational damage this has all had. • Fees and time lost to get to this point! • Effected my ability to seek work of a nature suitable to my competency - business under following the droughts and then covid. THE BUILDING IS A DANGER TO HUMAN LIFE AND UNINHABITABLE! I have over 30 000 pages of communications on this. Its crazy. View videos here: https://www. facebook.com/ groups/ expose.group/ permalink/ 6350274691742519/ ?mibextid=c7yyfP *(remove spaces to view)

Please note these videos were taken in 2019 and no water or elec to unit since 2015/2016

The job of the NHBRC is to protect housing consumer rights! I have had so many rights violated and they all know what they are doing!

I dealt with Thora Sikholwe at NHBRC and despite her clear mandates she has chosen to ignore!