COLORADO BODY CORPORATE 38 Basil Street Ferndale 2194

Transcription

1 COLORADO BODY CORPORATE 38 Basil Street Ferndale 2194 These Conduct and House Rules are binding on all owners and persons occupying any section who, in turn, are responsible that members of their families and their tenants, invitees and servants comply with them. Owners who let their units MUST incorporate these Conduct and House rules in their tenancy agreements. Happy and satisfying community living is achieved when residence use and enjoy their sections and common property in such a manner that the show respect for the rights of other persons lawfully on the property. Compliance with these Conduct and House rules and general consideration by residents for each other will greatly assist in achieving a happy community. In the event of annoyance, irritation, aggravation or complaints occurring between owners, occupants or occupiers, an attempt should be made by the parties concerned to settle the matter between themselves. This should be done with due consideration and tolerance. If and when problems cannot be resolved between the parties concerned through the procedure above, only then should they 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 community and it is for these few persons that certain penalties must be administered. The petty aspect of this is regretted, but there is no alternative. In respect of the interpretation of these Conduct and House Rules, the decision of the trustees shall be binding.

2 CONDUCT AND HOUSE RULES OF COLORADO APARTMENTS 1. PRELIMINARY The Rules contained in this Annexure Schedule shall not be added to, amended or repealed except in accordance with section 35(2) of the Sectional Titles Act 95 of 1986 and subject to the provisions of section 35(3) and (5) of the Act. 2. INTERPRETATION In the interpretation of these rules, unless the context otherwise indicates: Act means the Sectional Titles Act, 1986 (Act 95 of 1986), as amended from time to time and any regulation made and in force thereunder; accounting officer means a person who in terms of 60(2) of the Close Corporation Act, 1984 (Act 69 of 1984 is qualified to perform the duties of an accounting officer; auditor means an auditor qualified to act as such under the Public Accountants and Auditors Act 1951 (Act 51 of 1951); (d) registered mortgagee means any mortgagee of whom the body corporate has been notified in writing as contemplated in section 44(1)(f) of the Act; (e) trustee includes an alternate trustee; (f) words and expressions to which a meaning has been assigned in the Act shall bear the meanings so assigned to them; (g) words importing (i) the singular number only shall include the plural, and the converse shall also apply; (ii) the masculine gender shall include the feminine and the neuter genders; and the neuter gender shall include the masculine and feminine genders; (h) the headings to the respective rules are provided for convenience of reference only and are not to be taken into account in the interpretation of the rules. 2

3 3. GENERAL USAGE 3.1 No owner shall use any section for any purpose other than for residential purposes. 3.2 All owners of sections shall ensure that their respective activities in the use of the common property and of the section or any part thereof and all service facilities and amenities available on the common property shall at all times be conducted and carried out with reasonable and diligent care and with due and proper consideration for the other owners of the building and in accordance with these Rules and shall be in accordance with the provisions of the Sectional Titles Act. This conduct shall likewise apply to guests, domestic staff and contractors of owners and/or occupants of sections while they are in the sections and/or on the common property. 3.3 The owner shall not cause or permit any disorderly conduct of whatsoever nature upon the section or any part of the common property or do or permit any act, matter or thing in or about the same which shall constitute or cause a nuisance or disturbance or any inconvenience to any other owner or occupant of the buildings or member of the Body Corporate, in the quiet enjoyment, rights of occupation or the interest of any other owner of the buildings or member of the Body Corporate. The use of radio and television sets, hi-fi s, recording equipment and the like or the playing of musical instruments to the extent that others are disturbed is prohibited. The slaughter of animals on the common property is prohibited. 3.4 To the extent that they cause a disturbance to neighbouring residents, no business, trade, action or jumble sale may be held on the common property or in the section. 3.5 Should any damage of whatsoever nature be caused by an owner or his family or his tenant to any of the common property, the owner shall be liable to compensate the Body Corporate for the costs of restoring the common property to the condition it was prior to the damage. 3

4 3.6 The number of occupants of each section shall be restricted to a maximum number of two persons per bedroom. 4. ANIMALS, REPTILES AND BIRDS THE SECTIONAL TITLES ACT STATES: (I) The owner or occupier of a section shall not keep or harbour or permit to be kept or harboured any animal or pet on or in his section or on or in the common property unless expressly permitted to do so in writing and subject to any conditions which might be imposed by the trustees. Such permission may at any time be varied or withdrawn by the trustees if any reasonable complaint is made to them by a lawful occupant of any other section. (d) (e) Dogs are strictly not allowed on the Property under any circumstances. When granting such approval, the trustees may prescribe any reasonable condition. The trustees may withdraw such approval in the event of any breach of any condition prescribed in terms of sub-rule. Cats which have not been spayed or neutered may not be kept on the property. Breeding of animals shall not be permitted. 5. IMPROVEMENTS TO THE COMMON PROPERTY No duty shall be place upon any owner in regard to the provision of any improvement on or to the common property unless a proposal to make such improvements has been approved by a special resolution at a general meeting of owners of sections. 4

5 6. MAINTENANCE The Owner or lawful occupant of a section shall at all times and at his own expense maintain his section (Apartment) and exclusive use areas in good, clean, hygienic, tidy and habitable order and condition. The Owner or lawful occupant shall be responsible at his own expense for: (d) All interior painting, maintenance, plumbing blockages of sanitary equipment and connections. Repairs of water pipe leaks in his section (Apartment). Fixing of excessive water overflow of any equipment or installation in his section and exclusive use areas. Repairs of any nature whatsoever in the interior of his section and exclusive use areas. 7. CONDUCT WITHIN THE BUILDING The Owner or lawful occupant of any sectional unit shall not cause or permit any unlawful or disorderly conduct of any nature in his section, and exclusive use areas or on the common property, nor shall he by wilful or neglect act or commission, create or cause a nuisance or any unreasonable inconvenience to the Owner or other lawful occupant of any section or to the Trustees, Servants, or Agents of the body corporate or the Managing Agent. Failure to adhere to the above may lead to criminal action be taken by the affected party or Body Corporate of Colorado. 8. LIFTS Lifts must not be obstructed or encumbered or used for any other purpose than providing conveyance to the respective units. Children under the age of six (6) years who are not accompanied by an adult may not use the lift. The passenger lift is for the use of residents and their visitors only. 5

6 (d) No bicycles or furniture may be conveyed in the lift but must be carried up the stairwell. 9. SIGNS AND NOTICES THE SECTIONAL TITLES ACT STATES: (1) No owner or occupier of a section, used for residential purposes, shall place any sign, notice, billboard or advertisement of any kind whatsoever on any part of the common property or of a section, as to be visible from outside the section, without the written consent of the trustees first having been obtained. Should an owner wish to sell his/her section, he/she should advise the Body Corporate accordingly. Advertising signs may only be erected on the show house days between the hours of 08:00 am and 17:00 pm. The same applies to pointer and/or directional signage. 10. ADDITIONS/ALTERATIONS PASSAGEWAYS/WALKWAYS AND FIRE ESCAPES Passageways/walkways and fire escapes are not playgrounds for children. Children must be accompanied by adults in the fire escape area. The Body Corporate of Colorado is under no circumstances responsible for children in the abovementioned areas. 11. PARKING The Owner or lawful occupant of any sectional unit shall not use the parking area of the building for any purpose other than the parking or garaging of motor vehicles, no boats, trailers, caravans or commercial vehicles (above 1 ton) are permitted on the premises. Written approval from the trustees must first be obtained before any of the abovementioned might be considered. 6

7 (d) (e) Parking spaces are allocated accordingly and each section is entitled to one (1) parking bay, which is also stated in the purchase document (Deed of Sale document). The Owner or lawful occupant of any sectional unit wishing to utilise more than one parking bay must apply in writing to the Body Corporate of Colorado or consult by prior arrangement for any vacant parking space in the building (parking bays are rented at a nominal monthly rate which is obtainable from the Body Corporate of Colorado). Vehicles parked without prior permission or arrangement on the property will be towed away or clamped only to be released to the Owner after a R250 release fee is paid to the Chairman of the Body Corporate of Colorado. The Owner of lawful occupant of any sectional unit shall not place or park or cause or permit to be placed or parked any vehicle, possession or article in such manner as to obstruct any passageways, roads, exits, or entrances of the building or any entrance or exit to any section or to any authorised parking bay of any other Owner or lawful occupant. 12. VEHICLE REPAIRS/CLEANING The owner or other lawful occupant of any section shall NOT REPAIR OR ADJUST OR MAINTAIN or clean or cause or permit to be REPAIRED or adjusted or maintained or cleaned any vehicle on or in or about the building. The owner or other lawful occupant of any section shall not permit any of his visitors to drive any vehicle into the premises unless he makes his own authorised parking space available to such visitor or arranges with another owner or the lawful occupant that such visitor may park on the authorised parking of that owner or other lawful occupant. 13. VEHICLES THE SECTIONAL TITLES ACT STATES: 7

8 (1) No owner or occupier shall park or stand any vehicle upon the common property or permit or allow any vehicle to be parked or stood upon the common property without the consent of the trustees in writing. (2) The trustees may cause to be removed or tow away, at the risk and expense of the Owner of the vehicle, any vehicle parked, standing or abandoned on the common property without the trustee s consent. (3) Owners and occupiers of sections shall ensure that their vehicles and the vehicles of their visitors and guests do not drip oil or brake fluid on the common property or in any other way deface the common property. (4) No owner or occupier be permitted to dismantle or effect major repairs to any vehicle on any portion common property, or exclusive use area or in a section. The storage of equipment, boats, caravans, trailers, and related items is strictly prohibited on Colorado common property, including exclusive use carports, except with the prior written permission of the trustees. However, no item may be stored in exclusive use in carports where this in turn causes the displacement of a motor vehicle onto the common property. No motorised vehicles other than those licensed for general public use and driven by licensed drivers may be driven within the complex. 14. SPEEDING The owner or other lawful occupant of any section, shall use entrances and exits to the building and internal roads and passages in such manner as may be indicated by the trustees from time to time and shall at all times drive his vehicle slowly, and with the utmost caution on the premises, and shall furthermore ensure that their visitors do likewise. 15. REFUSE DISPOSAL THE SECTIONAL TITLES ACT STATES: An owner or occupier of a section shall: 8

9 (1) Maintain in a hygienic and dry condition, a receptacle for refuse within his section, his exclusive use area or on such part of common property as may be authorised by the trustees. (2) Ensure that before refuse is placed in such receptacle it is securely wrapped, or in the case of this or other containers, completely drained. (3) For the purpose of having refuse collected, place such receptacle within the area and at the times designated by the trustees. (4) When the refuse has been collected, promptly return such receptacle to his section or other area. (d) The Owner or lawful occupant of any sectional unit (Apartment) shall not allow any rubbish, debris, dirt or refuse to be left or stored in the entranceways/passageways, exits or common property. The Owner or lawful occupant of any sectional unit (Apartment) shall not place or be found to place any garbage, rubbish, dirt or refuse anywhere except in such a place or places as have been specially designated for the purpose by the sectional plan, by the trustee or by the local authority. Carpets or mats shall not be beaten over the balcony. A glass recycling facility has been put into place in the washing line drying area and it would be appreciated if glass is separated and recycled in the designated area. 16. WASHING The Owner or lawful occupant of any sectional unit (Apartment) shall not hang or place or cause or permit to be hung or placed, any washing or laundry on or over the balcony or window or wall or on the outside of any section or in any other place so as to be visible from public street or so as to cause reasonable complaints from an Owner or lawful occupant of any other section (Apartment). 17. NOISE The Owner of lawful occupant of any sectional unit (Apartment) shall not play or cause or permit to be played any radio, television set, CD or any other audio 9

10 equipment or amplifier or any musical instrument in or about the building in a manner or at a time which causes inconvenience to any other Owner or lawful occupant or to any other person. 18. POWER TOOLS AND EQUIPMENT The Owner or lawful occupant of any sectional unit (Apartment) shall not use or cause or permit to be used anywhere in or about the building or on the premises any hand or powered tools, implements, or equipment, devices, utensils, or any other things whatsoever which interfere with the radio or television signal and reception or which creates or causes any sound or noise or smells or fumes to which any of the Owners or lawful occupants of a section (Apartment) may reasonably object. 19. FIRE FIGHTING EQUIPMENT The Owner or lawful occupant of any sectional unit (Apartment) shall not tamper with, abuse or cause or permit to be tampered with, abused or used, a fire hose, reel or extinguisher in any manner or for any purpose other than as permitted or prescribed by the fire regulations of the relevant municipality. 20. BARBEQUES OR BRAAI S The Owner or lawful occupant of any sectional unit (Apartment) shall not make fire or use barbeques or braai s in a manner or at any time that causes inconvenience to the Owner or other lawful occupants of a section (Apartment) or damage to the building or any part thereof or to any property of any other person whatsoever. Braai s are not permitted on the balcony or in the swimming pool area. A braai area has been provided for this purpose. 21. GARDENS/GARDENER The provision of common gardens on the common property is for the benefit of all residents and enhances the value of each unit. It is therefore in the interest of all 10

11 residents that they ensure that their children refrain from walking or playing in the flowerbeds or damaging the plants on the common property. No owner or other lawful occupant of any section other than a person empowered by the Body Corporate to do so shall instruct the gardener to do any work in the exclusive use areas and/or common property during normal working hours except in an emergency. The owner or other lawful occupant of any section shall not interfere with flora, wild or cultivated, growing on common property. All owners or other lawful occupants shall ensure that such areas are not despoiled in any way. In the event of creepers or other plants growing on the exterior of a section, the owner of the section directly in front of which the bole of the creeper or plant is situated, shall be responsible therefore. Should such creeper or plant grow onto an adjoining section, the owner shall be obliged, if called upon by the trustees in writing to either control the creeper to the satisfaction of the adjoining owner or to remove it altogether. No creeper shall be allowed to grow in such a manner as to cause or tend to cause any damage to the building or the external timberwork thereof. 22. BUILDING MANAGER/MANAGERESS The Owner or lawful occupant of any sectional unit (Apartment) shall at all times accept, obey and collaborate with the reasonable instructions and requests of any building manager/manageress appointed by the trustees for the purpose of ensuring adherence to the house rules by all Owners and other lawful occupants, and shall not interfere with any staff under control of such building manager/manageress. 23. LETTING/LEASING OF SECTIONS THE SECTIONAL TITLES ACT STATES: 11

12 (1) All tenants of units and other persons granted rights of occupancy by any Owner of the relevant unit are obliged to comply with the Conduct Rules, notwithstanding any provision to the contrary contained in lease or any grant or rights of occupancy. The Owner of any section who lets his/her section shall advise the trustees and Managing Agents in advance of the names of any lessees and of the terms, period and conditions of such leases. The Owner of any section who lets his/her section shall undertake to annex a copy of the house rules in force to the lease of his/her lessee and shall insist that such lessee undertake to abide by such house rules. Failure to do so, however will not absolve the tenant from his/her ability to abide by the house rules. 24. PAYMENT OF LEVY FUND OF BODY CORPORATE Failure on the part of any owner of any section to ensure that payment of levy or any other amounts due to the Body Corporate is received by no later than the 7 th of the month in which it is due, will attract a late payment penalty as determined by the trustees from time to time and may result in action being taken to recover any such levy or other amounts due from the owner, in terms of the Sectional Titles Act, 1986 (Sectional Titles Act 95 of 1986) as amended. In addition, the trustees reserve the right to terminate the electricity supply to the individual unit should payment for same not have been received, in which event the owner of such section will be responsible for a reconnection fee. Interest on overdue levy or any other amounts due to the Body Corporate will be charged at a rate equal to the prevailing prime Bank Rate applicable from time to time and the charging of such interest is without prejudice to the Body Corporate s rights to take legal proceedings for the recovery of the levy and any other amounts that may be due to the Body Corporate, in which event the defaulting unit owner will be liable for all legal charges of whatsoever nature incurred. 12

13 25. THE BALCONY The Owner of lawful occupant of any sectional unit shall not permit the balcony to be kept in an untidy condition. Plants and garden furniture are the only items allowed on the balcony. It is a contravention of Randburg bylaws to allow an untidy balcony for which a heavy fine can be levied. Washing is under no circumstances permitted on the balcony area. Braai s (barbeques) are under no circumstances permitted on the balcony area. 26. SWIMMING POOL AREA (d) (e) (f) Children must not be left unattended any time near the pool area. An adult must accompany children under the age of fourteen at all times. The pool area is reserved for use of Residents only. No swimming or utilisation of the pool or pool area is permitted between the hours of 10 pm and 6 am. No shouting, screaming, or other activity, behaviour or noise which can be offensive or a nuisance to the Owners or lawful occupants of any section (Apartment) or to the general public is permitted in the swimming pool or surrounding area. Children must not be permitted in the swimming pool or the pool area in an unclothed state appropriate swimming attire must be worn at all times, this also applies to adults. 27. STORAGE OF INFLAMMATORY MATERIALS AND OTHER DANGEROUS ACTS THE SECTIONAL TITLES ACT STATES: (1) An owner or occupier shall not store any material or do or permit or allow any dangerous acts to be done in the building or on the common property, which will or may increase the rate of the premium payable by the Body Corporate on any insurance policy. 13

14 27.1 No firearms of any description or size may be discharged within the complex unless there is an emergency situation No fireworks or firecrackers of any description or size may be ignited on the property whether for religious celebrations or pleasure. 28. LITTERING THE SECTIONAL TITLE ACT STATES AND WILL BE STRICTLY APPLIED (1) An owner or occupier of a section shall not deposit, throw, permit or allow to be deposited or thrown, on the common property any rubbish, including dirt, cigarette butts, food scraps or any other litter whatsoever. 29. COMPLAINTS All complaints of any nature whatsoever are to be submitted to the Trustees in writing in the prescribed format. 14