Glendower Heights Body Corporate Conduct Rules

(Johannesburg Deeds Office Accepted & Registered 10 July 2006)

RULES FOR THE CONTROL AND MANAGEMENT OF THE BUILDING KNOWN AS GLENDOWER HEIGHTS, BUILDING NO. SS 236/1989 AND OF ERF 505 BEDFORDVIEW EXTENSION 103 TOWNSHIP ON WHICH THE BUILDING IS SITUATED IN TERMS OF (SECTION 31 (2) OF THE SECTIONAL TITLES ACT, 1986)

PDF Download – Glendower Heights Conduct Rules

INTRODUCTION

This Owners’ Manual has been prepared to assist both new and established residents to appreciate and enjoy the lifestyle that Glendower Heights offers and to encourage them to respect the interests and welfare of all who live in Glendower Heights.

In these rules, unless the context otherwise requires: –
“An owner” – shall mean the registered owner of a section in the building known as “The owner”
“The Buildings” and shall include such an owner, members of his family, his servants employees, guests and invitees for all of whom he shall be responsible.
“ The section” or “His section” – shall mean the section-forming portion of the unit registered in an owners name and shall include any garage/s and garden area of which an owner has the exclusive use.
“the Trustees”, “the Body Corporate” and “the common property” – shall have the meanings assigned to them in the Sectional Titles Act.

With 176 flats and perhaps and average of 3 people per unit including staff, there are approximately 550 people who are permanent residents of our community. The Sectional Titles Act, the Municipal By-Laws and the Conduct Rules, which govern this community, have to be followed in terms of the law, and it is the Trustees’ responsibility to ensure that these are carried out by all in the interests of all. The Managing Agents appointed by the Trustees from time to time shall carry out all instructions of the Trustees.

MANAGEMENT RULES – ANNEXURE 8

In accordance with section 35(2)(a) of the Sectional Title Act 1986 will apply.
Carrying out the instructions of all Trustees are the Managing Agents.

CONDUCT RULES

The Conduct Rules are binding on all owners and all persons occupying any section who, in turn, are responsible for ensuring that members of their families and their tenants, invitees and servants comply therewith. Owners who let their units are legally obliged to incorporate the CONDUCT RULES in their tenancy agreements (copies of which are available from the Managing Agents).

Happy and satisfying community living is achieved when residents use and enjoy their sections and the common property in such a manner that shows respect for the rights of other persons lawfully on the property.

Compliance with these Conduct Rules and general consideration by residents for each other will greatly assist in achieving a happy community.

In the event of annoyance, aggravation or complaints occurring between owners or occupants an attempt should be made by the parties concerned to settle the matter between themselves. This should be done with consideration and tolerance. If and when problems cannot be resolved between the parties concerned through the procedure above, only then should they be brought to the notice of the Trustees in writing. As with most communities there are always a few who do not understand the concept of a community and it is for these few persons that certain penalties must be administered. We regret the petty aspect of this but have no alternative. In respect of the interpretation of these Conduct Rules any decision of the Trustees shall be final and binding.

PAYMENT OF LEVIES

The purpose of a levy is to pay for rates and taxes, electricity, insurance, water, effluent, maintenance, employees’ salaries, gardens etc. Failure to pay these accounts by the Body Corporate simply results in suspension of a service for which all suffer. Levies and all other monies due to the Body Corporate are due and payable in advance on the first
day of each month. Failure to pay monies promptly when due, or within such “days of grace” as may be allowed from time to time by the Trustees, will result in the debiting of interest calculated at maximum interest rates allowed by law to the accounts concerned and will also cause debt collection action to be taken against defaulters. The Body Corporate will recover the legal costs on the Attorney and client scale.

CONCLUSION

Please understand that all these conditions are necessary to maintain Glendower Heights as one of Bedfordview’s better Sectional Title addresses. Our purpose is to ensure that you remain proud of living here. We would sincerely appreciate your co-operation and welcome you as a follow citizen of Glendower Heights. We know that, working together, we will enjoy our stay at the Complex. With good wishes and good intentions.
Body Corporate
GLENDOWER HEIGHTS

GLENDOWER HEIGHTS BODY CORPORATE

MOTOR VEHICLES/USE OF DRIVEWAYS AND PARKING AREAS

1.1 Hooters – Hooters shall not be sounded within the common property or during the approach to the main entrance or the two parking entrances.

1.2 Parking Areas and Control – Cars may be parked only on such areas as are specifically indicated or approved by the Body Corporate for that purpose and in such way that the flow of traffic and access to and from parking bays or garages is not obstructed.

1.2.1 Only vehicles with valid parking stickers fixed to the windscreen in a permanent and visible way will be allowed onto the common property.

1.2.2 Different discs will be issued for basement and common property parking areas.

1.2.3 Vehicles with basement parking discs will not park on the common property parking area except from 08:00 to 17:00 Mondays to Fridays, excluding public holidays.

1.2.4 Not more than one disc, basement or common property will be issued per permanent resident.

1.2.5 One common property parking disc will be issued in addition to the one basement parking disc if the unit is occupied by more than one permanent resident. A 3rd disc will only be issued by exception and on approval by the Board of Trustees.

1.2.6 Common property parking discs are issued with the clear understanding that common property parking is only available on a first come first serve basis.

1.2.7 Visitors parking discs – can only be issued if applied and signed for by the owner / resident of the unit concerned, and may not be applied or signed for by the visitor. The use of the Visitors Parking Discs are for the sole purpose of receiving a visitor and under no circumstances, be used as a common property parking disc. Should a temporary disc be required prior arrangement in advance is to be made with the Building Caretaker. Please note: that once signed for a Security Fee of R 10.00 per Visitors Disc will be charged to your levy account irrespectively. Any form of deviation is a security risk!

1.2.8 Cars may not obstruct access to units or fire fighting equipment.

1.2.9 One car shall not occupy two parking bays.

1.2.10 Parking bays – Bay numbers painted on the underground parking bays are for the exclusive use of unit owners to whom that parking bay was allocated by the developers. Only one vehicle may occupy the parking bay so designated.

1.2.11 Parking areas – Must be kept free of oil and other refuse and no items other than vehicles or motorcycles may be kept in parking bays.

1.3 Unsightly Vehicles – Damaged vehicles and vehicles that are dirty, not in general use, drip oil or that are not roadworthy may not be parked on the common property other than for such short periods as may be approved by Trustees.

1.4 Trucks, Caravans, Trailers, etc. – No trucks larger than 1 ton, caravans, trailers, boats or other heavy vehicles shall be allowed onto the common property without written approval from the Trustees.

1.5 Car washing – Residents may wash their cars only in the car wash area provided. No hosepipes may be used.

1.6 Vehicle Repairs – Major repairs to and reconditioning of vehicles shall not be carried out on the property or in the visitors parking bays at the entrance to the complex.

1.7 Removal of vehicles – The Trustees have the right to order the removal of vehicles parked in contravention of these Conduct Rules or to have any such vehicles removed at the cost and risk of the occupant or owner concerned.

1.8 Speed limits – Vehicles may not travel at speeds in excess of 10 kilometres per hour on any portion of the common property.

1.9 Cycles, etc. – Bicycles, motorcycles, tricycles, roller skates and skate boards etc., may not be left on any portion of the common property (including passages, lifts and entrance halls) or on any portion of any unit where visible to any resident. This also applies to caravans, trailers, boats and commercial vehicles, excluding bakkies. The use of bicycles, soapbox carts, skate boards, roller skates, roller blades etc, on the indoor common property, swimming pool and tennis court area is prohibited.

LAUNDRY

2.1 Automated laundry – The Body Corporate currently operates a token operated automated laundry in the basement of the East Block. The rules relating to the operation of the laundry are as follows:

2.1.1 Only Glendower Heights residents and/or their duly authorized staff are allowed to use the laundry facility.

2.1.2 The laundry machinery is to be treated with respect and strictly in accordance with the manufacturer’s specifications of the laundry machinery. Residents and/or their staff will be liable, at their cost, to rectify any damage caused to laundry machinery by way of negligence or misuse e.g. Overloading.

2.1.3 Tokens to operate the laundry machinery are available, during office hours, from the office of the complex caretaker (E011).

2.1.4 Laundry users are to ensure that laundry is maintained in a clean and hygienic condition.

2.2 Visibility – Washing may not be hung out to dry in any part of a section where it is visible to the general public or other residents.

– Washing is not permitted to be hung over balconies.

– Wash lines may not be erected in the voids adjacent to sections.

SANITARY SERVICES

3.1 Rubbish Disposal (by Body Corporate) – Rubbish shall be disposed of in such a manner as may be determined by the Trustees from time to time in writing.

3.2 Handling – Rubbish may not be handled in contravention of municipal regulations, e.g. broken glass must be wrapped in a double layer of newspaper.

3.3 Visibility – No rubbish or refuse may be left on any portion of the common property or elsewhere where it will be visible from the common property whether in a container or not, except for collection on collection days: Refuse may not be left out overnight or over the weekends.

3.4 Rubbish Disposal (by owner/tenant) – on days when refuse is not collected owners, tenants or their domestic staff should take refuse directly to the removal area, such refuse must be deposited in the municipal container provided and not abandoned for other persons to place in the municipal container.

3.5 Refuse collection – Refuse will be collected from the refuse bins provided.

NOISE

4.1 Hooters – Vehicle hooters may not be used on the common property.

4.2 Radios, etc. – Radios, CD’s, record players, television sets, musical instruments, etc. shall not be played in such a manner as to cause a nuisance to residents in the adjoining sections or anywhere else on the property.

4.3 Visitors – Residents shall ensure that when they see their visitors off they do so quietly.

4.4 Consideration – It is important to consider your co-owners and tenants regarding noise or disturbance.

4.5 Functions – Functions and parties are to end at a reasonable hour.

(10.30pm – Sunday – Thursday)

(Midnight – Friday and Saturday)

GARDENING – COMMON PROPERTY

5.1 Garden Improvements – residents may improve the common property gardens currently maintained by the Corporate gardening staff as long as they obtain the prior specific consent of the Trustees. The common property garden area adjoining an exclusive use area may not be extended. If the garden area adjoining the exclusive use area is extended or improved by the owner, that owner will be responsible to maintain that area. No trees or large shrubs may be planted in the exclusive use areas without the consent of the Trustees which consent will not be unreasonably withheld.

5.2 Garden tools – Private use of implements and tools owned by the Body Corporate is not permitted.

SECURITY

6.1 Any rules as imposed by the Trustees from time to time relating to the access security system in operation at the complex at any time must be strictly obeyed. In particular instructions from the complex’s Trustees, caretaker and security guards must be strictly obeyed.

6.2 In order to enhance security when moving in and out and due to the damage caused by moving, and the costs of repairs, The Board of trustees have no alternative but to implement the following procedure.

A permit for moving in or out must be obtained and the necessary forms must be completed. The permit application can be obtained from the Building Manager during office hours only. This will enable us to keep an up to date resident register and also to control the number of pets being kept on the premises

6.3 Security protocol must be adhered to at all times. Please be assured that this is in the best interests of all owners / residents.

PETS

No new pets are allowed. Only the existing pets may remain and owners shall submit photograph(s) of the pets to the application form(s). Pets may not be replaced when they pass away. All pets’ owners are obligated to complete Pet Registration Forms that are available from the caretaker and/or the Managing Agents.

7.1 Conduct – Noise, aggressiveness, and pets swimming in the pool and wandering of pets is not permitted.

7.2 Control – Dogs shall be leashed and properly controlled when on the common property and are not permitted in the swimming pool or tennis court area.

7.3 Removal of Pets – Any pet found unaccompanied on the common property or otherwise in contravention of any applicable rule or by-law may be removed by the Trustees. Costs incurred as a result of such a removal, e.g. capture and pound fees, shall be borne by the owner of section where the pet was accommodated or the owner/s of the pet so removed. The Body Corporate and the Trustees shall not be liable for any injury to the pet thus removed or for any loss to any person.

7.4 Fouling of Property – Should a pet foul the common property or any exclusive use area, the owner concerned is required to remove the defecation and dispose of it in a hygienic manner.

7.5 Bitches on Heat – Bitches on heat are not allowed anywhere on the premises at any time.

7.6 Identification – Animals are required to wear collars bearing tags showing the address, unit number, telephone number and name of their owners.

7.7 Cats – Cats, which have not been spayed or neutered, may not be kept on the property.

7.8 Vicious Animals – Vicious animals of any nature may not be kept on the premises.

7.10 Aviaries – Aviaries are not permitted.

7.11 Kennels – No kennel or other like accommodation for pets may be sited at any place where it may be in view from any portion of common property or the adjoining units.

7.12 Size – No large dogs will be allowed, only small dogs with Trustee permission will be tolerated.

CHILDREN

8.1 Supervision – Owners/Residents shall supervise their children and those of visitors or their staff to ensure that they do not cause damage to the common property or the property of others and that they do not create unreasonable noise. Should any such damage be caused the responsible owner/resident shall be solely responsible to make good any such damage.

8.2 Interference – Plants, decorations, nameplates, exterior lights, doorbells and knockers shall not be interfered with by children.

8.3 Ball games – Ball games are permissible only in areas, if any, specifically designated by the Trustees for this purpose.

8.4 Safety – Children may not play in the basements, on the driveways, between parked cars or on the fire escapes.

DOMESTIC STAFF

9.1 Conduct – Owners/ residents are responsible for the activities and conduct of their domestic staff, their children and visitors. Owners/ residents shall ensure that their domestic staff understand and do not breach any rules, regulations, national legislation or local authority by-law.

9.2 Loitering – Owners/ Residents shall ensure that their domestic staff, family and friends do not loiter on the common property.

9.3 Noise – Residents shall ensure that their domestic staff their staff’s families and friends do not cause undue noise within their sections or on the common property, or elsewhere on the premises.

9.4 Removal of Domestic Staff – Any owner or resident whose domestic staff fails to abide by the Conduct Rules Sectional Title Act or any other legislation shall be required to remove such domestic staff from the property if so instructed by the Trustees or the Managing Agents acting on behalf of the Trustees.

9.5 Access Control – All domestic staff shall be subject to such access control regulations as may be

imposed by the Trustees from time to time. Owners / residents shall advise / ensure that their

domestic staff signs in at security before entering the premises.

BUILDING OPERATIONS – REGULATIONS AND INDEMNITY

Kindly note that all owners who are currently in the process of/or are contemplating building, architectural alterations of their unit, shall be bound to comply with the following regulations:

10.1 Alterations of sections

No owner of a section shall, except with prior written consent of the Trustees, alter or add to, or permit to be added to or altered structurally externally or internally, the whole or any portion of such section.
An application for permission to carry out any work contemplated in paragraph 1 above shall be submitted to the trustees in writing together with council approved municipal plans and shall:
i state the date of commencement and completion of such work:

ii contain details of the manner in which building materials will be conveyed up from, and down to ground level and the volumes of such material. If outside building hoists or block and tackle gear are to be used details of the intended equipment are to be submitted to the Trustees and consent obtained prior to installation.

Before the Trustees approve any plans for any work contemplated, the applicant will deposit sum of money with the managing agent, which will not exceed R1 500 interest free. The Trustees shall at their discretion allocate funds from this deposit to repair damage caused to the common property by the applicant’s building operations. Where a deposit becomes insufficient the trustees shall require a further deposit. When the works are complete, the deposit, less deductions, if any will be returned to the owner. The rights of the Trustees in terms of this clause shall not derogate from any other legal rights which the trustees or Body Corporate may have against affected owners.
The Trustees will nominate an agent (“the nominated official”) who will be responsible for day to day dealings with an owner engaged in any work contemplated in terms of the above. The designated official is currently the building manager.

If these regulations are infringed in any respect whatsoever and by any persons whomsoever, the nominated official is empowered to order the suspension of work until the nominated official is satisfied and assured by the owner that there will be no re-occurrence, failing which the Trustees are empowered to apply for a court interdict to halt building work in progress and the entire cost of such action shall be borne by the owner on an attorney and client scale.
The owner shall ensure that:
i The building contractor employs a full-time responsible foreman on the site during all permissible times and that no work may proceed if he absents himself even temporarily;

ii PVC dustsheets are fitted to any exposed part of the section being altered so that no dust escapes from the section. Any dirt or dust that may dirty common property in spite of these protective measures must be cleaned up immediately.

No building materials may remain on any part of the common property after the end of the day and all dust and rubble must be completely removed at the end of each working day. During the day, building materials may only be stored in areas designated by the nominated official. The unit owner and/or building contractor shall be responsible for the removal of building rubble from the complex or the trustees may do so at the owner’s expense.
Any damage to neighbouring sections or to the common property must be made good at the cost of the owner immediately and, failing this, the nominated official may require that all building operations cease until he is satisfied that the damage has been repaired at the sole cost of the owner concerned.

It shall be the applicant’s responsibility to note any damage existing before commencing operations and for which he accordingly will not be responsible.
All noisy building alterations, construction or any other such like work may not be carried out except the hours Monday to Friday 8h00 to 19h00 and Saturdays between 10h00 and 14h00. All such activities are prohibited on Saturday afternoons after 14h00, Sunday s and public holidays. Emergency repairs may be affected outside these hours if sanctioned by the trustees. Certain non-noisy building work (plastering etc) may be conducted on a Saturday after 14H00 subject to the approval of the designated official.

All work, but particularly plumbing and electrical work, done by an owner or occupier on any section shall be done only by suitably qualified and where applicable, licensed or registered workmen and contractors. Any damages resulting, directly or indirectly, from work carried out by an unqualified or unregistered person shall be for owner’s account.

10.2 Air-conditioning units – No air-conditioning units may be installed.

10.3 Painting – No exterior painting including the painting of the front doors and windows may be done without the prior written consent of the Trustees.

10.4 Consent – Requests for consent shall be made in writing to the Trustees and shall be accompanied by plans and specifications showing the nature, kind, shape, height, material, colour and location of the proposed alteration, addition or decoration.

10.5 Maintenance – An owner shall be obligated to maintain all alterations, additions, and/or decorations in a state of good order and repair and take all reasonable steps to keep them in a clean, hygienic, neat and attractive condition.

10.6 Failure to Comply – If an owner fails to comply with the aforementioned Conduct Rule and such failure persists for a period of one month after written notice to repair, maintain or remove given by the Trustees or the Managing Agents, to the owner concerned, the Body Corporate shall be entitled to rectify the owner’s failure in such manner as it deems fit and to recover the cost of so doing from such owner.

10.7 Official Permits and Approval – Notwithstanding any approval granted by the Trustees, no alteration, addition or decoration may be executed until any permit or approval required from any authority has been obtained. It is the duty and responsibility of owners concerned to obtain the necessary permits and approvals.

10.8 Obstruction – Should any alteration, addition or decoration obstruct any employees or contractors of the Body Corporate in performing any work on the common property or common services the owner concerned shall be liable for any additional costs incurred, e.g. in removing an awning or the use of scaffolding.

10.9 Aerials/satellite dishes – Other than communal aerial or proposed communal satellite dish no additional visible aerials or satellite dishes (TV or of any other nature) may be erected. Only internal aerials may be utilized. Owners who do not comply with the above will be asked to remove them and repair external damage at their own cost.

10.10 Awnings – No awnings or other exterior covering or improvements may be erected unless prior written approval has been obtained from the Trustees.

10.11 Security Gates – Any installation of external security gates are subject to the prior written approval of the Board of Trustees, which may not unreasonably be withheld. Once erected the said gates may not under any circumstances be removed unless the prior written consent of the Board of Trustees has been obtained. Security bars may only be fitted on the inside of the unit.

10.12 Signs and notices – No owner or occupier of a section used for residential purposes or their duly mandated estate or sales agents of a section, shall place, stick or distribute any sign, notice, billboard or advertisement of any kind whatsoever on any part of the common property or of a section, so as to be visible from outside any section, without the prior written consent of the Trustees first having been obtained.

10.13 Littering – No resident shall deposit, throw, or permit or allow to be deposited or thrown, on the common property or adjacent public property any rubbish, including dirt, cigarette butts, building rubble, food scraps or any other litter whatsoever.

10.14 Appearance from outside – The owner or occupier of a section shall not place or do anything on any part of the common property, or the inside of the section, including balconies, patios, stoeps, gardens and exclusive use areas which, in the discretion of the Trustees is aesthetically displeasing or undesirable when viewed from the outside of a section. This rule will not mean that the Trustees can dictate the colour or pattern of curtains or blinds used, but refer to what can be viewed from the outside when curtains and blinds do not cover the bottom panel of the windows.

ELEVATORS

11.1 The Body Corporate, its Trustees and managing agent shall not be responsible for any death, injury, loss or damage, howsoever arising suffered by an owner or his/her tenant and/or their respective family, visitors, staff or contractors in connection with the use of the Body Corporate’s elevators.

11.2 Owners and/or their tenants shall be obliged to ensure that their children and/or the children of their visitors and staff shall not play in the Body Corporate elevators.

11.3 Owners shall be obliged to compensate, on demand and in full, damages suffered by the Body Corporate, arising from any damage to/or misuse of the Body Corporate’s elevators by owners, his/her tenant and their respective families, staff members, visitors or contractors.

11.4 Owners and/or their tenants, when moving may only use the designated goods lift and may not use the “Passengers only” lift.

11.5 No smoking allowed in the lifts or corridors.

ACTIVITIES ON COMMON PROPERTY

No hobbies or other activities causing undue noise or nuisance to other occupiers may be conducted inside sections or on the common property.

VISITORS AND TENANTS

13.1 The owner of a section is liable for the conduct of his visitors and tenants and he must ensure that all rules are properly adhered to.

13.2 Owners shall be obliged to provide the Body Corporate with a written undertaking by all tenants, whom they may install in there section, to abide by and be bound by the provisions of these conduct rules and Sectional Titles Act 95 of 1986.

BUSINESS ACTIVITIES

Without the prior written consent of the Trustees:

14.1 No business, profession or trade may be conducted on the common property or in a section, except those, which are specifically allowed by the Local Authority to be conducted in a Sectional Title Scheme.

14.2 No auction or jumble sale may be held on the common property or in a section without the prior written permission of the Trustees having being obtained.

14.3 No advertisements or publicity materials may be exhibited or distributed without the prior written approval of the Board of Trustees.

14.4 No Estate Agent acting on the mandate of an owner may hold a show day or display advertising material on the common property without the prior approval of the Board of Trustees which approval shall not unreasonably be withheld.

SUNDRY PROVISIONS

15.1 No fire hoses may be used for personal use i.e. Cleaning vehicles, washing windows, etc.

15.2 Rubbish, including cigarette butts shall not be dropped or left on the common property or brushed or poured down the storm water drains.

15.3 Inflammable or other dangerous materials may not be brought into the sections or the common property.

15.4 No sporting items, garden implements or other items are allowed to be stored if such item is visible from the common property or adjoining units.

15.5 The complex staff contracted by the Body Corporate may not be employed during their normal working hours to do any private work for residents other than as allocated or authorised by the Trustees.

15.6 No firearms, fireworks or pellet guns may, without lawful cause, and/or the prior written permission of the Board of Trustees be discharged on the property.

15.7 No stones or other solid objects may be thrown or propelled on the property.

15.8 Under no circumstances are obstructions of any sort (including pot plants) to be placed in front of the fire hoses and/or the fire escapes.

SWIMMING POOL AND TENNIS COURT AREA

16.1 Use – The pool, tennis courts and surrounding areas enclosed by the fence are for the exclusive use of residents. Guests must be accompanied whilst using these facilities. Residents with respect to the number of guests are to avoid monopolising pool and tennis court area. A maximum of 10 (TEN) guests per unit allowed at one time. Permission for more guests to be obtained in writing to the Board of Trustees. The trustees reserve the right to restrict the use of the facilities by visitors. Proper swimming attire i.e. Swimming costumes and tennis attire i.e. Tennis takkies are to be worn when utilising the common property swimming pool and tennis courts facilities respectively.

16.2 Hygiene – Common courtesy and regard for the right of others are essential for the full enjoyment of these facilities by all. Residents are responsible for the behaviour of their guests. It is expected that everyone will use common sense regarding, in particular, water safety and cleanliness.

16.3 Children – Children under 12 years of age must be actively supervised by a person over 16 years of age. Appropriate flotation devices shall be used where children are not able to swim properly.

16.4 Glass – No glass objects or bottles are permitted to be left in the garden area by the residents or their invitees.

16.5 Cycles, etc – No bicycles, tricycles, go-karts, skateboards, roller skates, roller blades, etc., are permitted in the pool or tennis court area.

16.6 Entry – The only entrance to the pool and tennis court area is through the gates provided.

16.7 Noise – Undue loud noise, including radios, CD’s and record players, and the use of profane language is not permitted.

16.8 Games – No ball games where hard balls which will include tennis or similar balls are utilized are permitted in the pool area. With the exception of tennis no ball games are permitted on the tennis courts.

16.9 Braai’s – No braais are permitted in the pool area, or in any other area other than in the designated braai areas and those using the facility shall be responsible for leaving the area in a clean and tidy condition.

16.10 Disease – No person with any infectious diseases or with open wounds of any type shall be permitted to use the pool.

16.11 Conduct – No horseplay around the pool or tennis court area shall be tolerated.

GENERAL

17.1 An owner shall not:

Use his section or permit his section to be used for any other purpose which is injurious to the reputation of the complex.

Keep or do anything on the common property after notice in that regard from the Trustees.

Do or permit to be done in his section or on the common property anything, which will or may increase the rate of the premium payable by the Body Corporate on any insurance policy.

17.2 When the purpose for which a section is intended to be used is shown expressly, or by necessary implication on or by the registered sectional plan, the owner shall not use or permit his section to be used for any other purpose.

17.3 In case of changes of ownership or tenancy, a duty is placed on the seller/owner to advise any prospective purchaser/new tenant, of the terms and conditions of the Conduct Rules. Failure to comply could result in such purchaser/tenant having recourse to such seller for loss or hardship caused through them being unaware of such rules.

17.4 Any requests and/or complaints by owners of sections pertaining to common property, violation of these Rules, or any other cause for concern must be referred in the first instance in writing to the Trustees or alternatively, mailed to the Managing Agents who will forward it to the Trustees.

17.5 The Body Corporate shall not be responsible for any fines incurred by the owner or tenant or occupier of a unit in contravention of any local authority by-laws.

17.6 In the event of the Trustees instructing an Attorney, or advocate or debt collection agency to collect any amounts by an owner owing or to take legal proceedings against an owner for the recovery of any amount owing to the Body Corporate, the owner in question shall pay all collection commission and/or any legal costs incurred in respect thereof, including any attorney and own client cost incurred by the Body Corporate.

17.7 Neither the Body Corporate nor its servants nor the Board of Trustees or its servants shall be responsible for any loss which may be sustained by any owner or user of a motor vehicle or any other vehicle parked or left on the premises or in the vicinity thereof, nor for any personal injury suffered by any owner/tenant, domestic staff or friends, whether or not such loss or injury occurs on common property or in any unit and is caused by fire, theft, burglary, negligence, accident, or by any other cause.

17.8 Should any damage of whatsoever nature be caused to the common property by an owner, members of his family, visitors to his section, guests in his section, domestic staff employed by him or his tenants or pets kept in his section or exclusive use area the owner shall be liable to reimburse the Body Corporate for the cost of repairing or making good such damage.

17.9 The Body Corporate or it’s duly authorized agents shall not be responsible for any interruption in the electricity supply nor for any loss or inconvenience any person may suffer in consequence thereof, particularly in circumstances where the interruption in supply is due to the non payments of levies. Owners hereby authorize the Trustees to order and effect the termination of the electricity supply on their respective unit(s) in circumstances where levies in respect of their unit are more than 2 months in arrears.

17.10 All contribution levies of fees payable by an owner shall be paid promptly on the due date thereon in the manner and at the place fixed from time to time by the Trustees. Any failure by an owner to make such payments as aforesaid shall be forthwith notified in writing by the Trustees or the Managing Agents and interest at the maximum rate allowed by law shall be levied on all arrear levy accounts. In addition the trustees reserve the right to notify all the other owners and tenants of the offending debtors.

17.11 The Trustees or Managing Agents operating on behalf of the Body Corporate reserve the right to cut off and lock out electricity supply or perform any other action deemed necessary to any owner or tenant where the owner, family of the owner, tenant, friend or domestic staff continue to disregard these Rules. The said person shall have no right of recourse against the Body Corporate, its Trustees or the Managing Agents in such circumstances.

17.12 Eradication of pests: Each owner shall keep their unit and exclusive use garden free of cockroaches, white ants, borer beetle and other wood destroying insects. All associated costs are to be borne by individual owners. The Trustees must be informed should such pests be discovered and of what remedies have been applied. Communal areas will be controlled by the Body Corporate.

DOORS AND WINDOWS

The owners of units will be responsible for the repairs and/or replacement of doors, window frames and glass of their units.

REPLACEMENT OF WINDOW FRAMES Owners will be permitted to replace the steel window frames of their units with aluminium frames (as per specification). The Body Corporate will reimburse the owner 50% of the cost of replacement by way of creating an interest-free loan account in the name of the owner, once proof of full payment is obtained. When a special levy is imposed for painting, waterproofing and painting of the complex, 50% of the amount of the special levy will be offset against the loan account. This loan will become transferable in the event that the unit is sold.
WINDOW APPEARANCE
All curtains/blinds must fill the whole length and width of the windows.

EXCLUSIVE USE AREAS

It is the responsibility of owners of exclusive use areas to maintain their gardens, in and any improvements made to, such areas to the satisfaction of the Trustees.

INTERPRETATION

Visitors, Tenants & Employees

Residents are responsible for the conduct of their visitors, tenants and employees and they must ensure that all rules, whether in terms of the Act or these rules, are properly adhered to. In the interpretation of these rules the decision of the Trustees shall be final and binding on any or all owners.

This set of CONDUCT RULES dated 2005 supersedes all previously issued rules if in conflicttherewith.

RECEIPT OF REFERENCE DOCUMENT

It is an express requirement that any owner or tenant of a unit in the complex acknowledges, in writing, its receipt of these Conduct Rules from either the Managing Agents or the Complex Manager. Departing owners/tenants shall be obliged to leave a copy of these conduct rules in the vacated unit.

ENFORCEMENT OF RULES

24.1 Any breach of the Conduct rules, or any conduct detrimental or prejudicial to the interest of the Body Corporate, or unbefitting a member thereof shall be notified to the Trustees in writing, which notification shall contain full details of the alleged breach of conduct and be signed by the person making same.

24.2 In the event of a continuous breach of any of these rules proved to the satisfaction of the Trustees, the trustees shall, in addition and without prejudice to all other rights available to them or to the Body Corporate, in law and in particular their right to apply to Court for an interdict against the offending owner.

24.3 Alternatively, should a dispute or complaint not be resolved it may be referred to arbitration in terms of management rule 71.

INDULGENCES OR LENIENCY

No indulgence or leniency on these rules granted by the Body Corporate or its Trustees will be deemed as a waiver or amendment of these rules.

LANGUAGE

Any owner or occupant should he/she not speak, read or understand the English Language undertakes to obtain a translation at his own cost and expense of all the Rules, Agreements or any other document relevant in connection herewith.

GENERAL INFORMATION

ACCOUNTS QUERIES : Contact the Managing Agents Remember to enclose unit numbers with payments.
CHANGE OF ADDRESS : Advise the Managing Agents in writing.
BLOCKED DRAINS : Inside unit: own account and action. On common property: advise Caretaker and/or Trustees.
BURST PIPES : On common property: advise Caretaker and/or Trustees. Inside unit: could be an insurance claim, advise Managing Agents.
STORM DAMAGE : Could be an Insurance claim, advise Managing Agents.
INSURANCE CLAIMS : Must be reported as soon as possible and claim lodged within 30 days. If security of dwelling is at risk, i.e. Broken windows or door, have it repaired as soon as possible and send Invoice with claim form. If damage to dwelling is not a security risk obtain two quotes to attach to the claim form.
REPAIRS TO INSIDE OF UNIT : For owners account and action.
GEYSER REPAIRS : For owners account and action. Could be an Insurance claim, advise Managing Agents.
NUMBER OF RESIDENTS : In accordance with municipal by laws.
VACATING & MOVING INTO UNIT : Owner to abide by Trustees directions.
ADDITION TO ANNEXURE 9 : To the extent that any of the provisions of Annexure 9 to the Sectional Titles Act are not included in these rules such provisions shall be deemed to form part of these conduct
rules. Should any provisions of these rules conflict with Annexure 9 then the provisions of the Annexure 9 shall prevail.