We, the undersigned, hereby submit this petition to the Trustees of the BBHOA for the following reasons:

• We are members of the BBHOA, and tenants, who reside within the Borrowdale Brooke Estate.
• We are deeply concerned about the continued violations of the provisions of the BBHOA Constitution and Homeowners Rules by Honourable Justice Wadyajena (Wadyajena), a fellow member and resident.
• Wadyajena has, on a number of occasions, conducted himself in a manner that is contrary to the maintenance and observance of a congenial atmosphere within the estate, by inter alia:
  - Making excessive noise whilst driving his vehicles; and
  - Driving at speeds that are well in excess of the speed limit and without due regard for other road users.
• It is of grave concern to us that Wadyajena is continuing to conduct himself in an unbecoming manner thereby infringing upon our rights to enjoy peaceful and undisturbed use of our properties and common areas. This is notwithstanding informal complaints noted by some members.

Clause 2.2 of the BBHOA Constitution, dealing with the objects of the BBHOA, states as follows: 

• “2.2. The objects of the Association shall be to promote the interests of its members and to regulate the rights and obligations of members in relation to the preservation, administration, and general upkeep of the Township in accordance with and subject to the terms and conditions of the constitution and any rules, regulations and by laws made in terms hereof, more specifically to:
• 2.2.1. Promote and enforce standards, not the least of which should be the congenial atmosphere in the Township in such a way that members may derive the maximum collective benefit therefrom.”

Clause 3.18 of the BBHOA Constitution, dealing with powers of the BBHOA, states that the BBHOA is, inter alia, empowered:

“To make rules, regulations and by-laws relating to the general use and enjoyment of the Township, including the common property and facilities. In the case of members who fail to comply with such rules, regulations and by-laws, to take such disciplinary measures against such members and recover any damages and to institute such legal proceedings as it may deem fit.”

In light of the foregoing, we the undersigned, hereby request that the BBHOA takes all necessary steps, in terms of the BBHOA Constitution and Homeowners Rules, to ensure compliance by Wadyajena with the provisions of the BBHOA Constitution and Rules. The Constitution and Rules are meant to ensure that all owners enjoy peaceful and undisturbed use of their properties and common areas.