RULES FOR THE CONTROL AND MANAGEMENT BY BODY CORPORATE OF Villa Vista

Transcription

1 RULES FOR THE CONTROL AND MANAGEMENT BY BODY CORPORATE OF Villa Vista ANNEXURE TO DEED OF SALE: CONDUCT RULES. (Section 35 (2) (b) of the Sectional Titles Act, 1986) 7 November PREAMBLE 1.1 Reference in these Rules to "owner" shall include mutatis mutandis: an owner's family, visitors, invitees, occupiers and domestic workers; a tenant his family, visitors, invitees, occupiers, suppliers and domestic workers and the masculine shall include the feminine. 1.2 Happy sojourn in condominiums such as Sectional Title or Cluster developments demands from all those who Jive in such abodes the utmost respect for and tolerance with those who share the facilities concerned. Pursuant to his axiom it is quintessential. besides other considerations, that all owners shall use their sections and the common property in a manner and for purposes which will ensure optimum enjoyment to themselves without causing disturbance, inconvenience or offence to others: or which will result in others deriving less than their rightful share of utility from the use of their sections and the common property. 1.3 In the event of circumstances of disharmony or dispute occurring between residents, an attempt should be made by the parties involved to eliminate such Circumstances, preferably of their own accord. 1.4 In the event of any conflict occurring between these Rules and the Management Rules, the latter shall prevail. 2. OCCUPATION OF SECTIONS AND COMMON AREAS 2.1 An owner shall not use or permit his section to be used for purposes other than as residential accommodation, nor shall he use or permit his garage or any other area over which, he has been granted the right of exclusive use, to be used for purposes other than those for which he himself enjoys the right of use. Villa Vista Body Corporate Initial: 1 P a g e

2 2.2 An owner shall not conduct any business of whatever nature and whether or not for gain, in his section, his garage or from the common property or common property over which he may have been granted the right of exclusive use. 2.3 An owner shall use and enjoy the common property in a manner which will not unnecessarily interfere with the use and enjoyment of other owners or of other persons who are lawfully in the complex. 2.4 An owner shall notify the Trustees forthwith of any change in ownership or of occupation of his unit (or of any mortgage granted over his unit) 2.5 An owner shall observe and comply with all rules, regulations and directions made by the Body Corporate with the object of enforcing these Rules and/or for the control, management and effectual administration of the buildings and the common property. 2.6 Without the written approval of all owners no auction or similar vending and no exhibitions shall be held in a section or a garage or on the common property. 2.7 No owner shall use his section or permit it to be used in a manner or for such purpose as may cause a nuisance, disturbance, annoyance or hardship to any other person lawfully on the premises of the Body Corporate. 2.8 No owner shall permit the common property to become untidy; nor shall he omit to shut or lock gates which for purposes of security, good order or for whatever other reason have to be shut or locked. 2.9 An owner shall not cause or permit any noxious odours to be created or emitted from his unit or any section of the common property and shall take all necessary action to remove the presence of such odours upon his own observance of them or upon being so informed by the Trustees An owner shall not personally use or permit any part of his unit to be used by any person under his control, or over whom he may reasonably be expected to exercise control, for any purpose which is or may become injurious to the reputation of the Body Corporate or those Jiving in it; is immoral, illegal, unclean or not in the interest of maintaining a high standard of cleanliness and good order; or which may cause a nuisance, hindrance or annoyance to inhabitants of neighbouring buildings Owners shall personally obtain all authority for the employment of their servants and shall at all times be responsible for their seemly and orderly conduct. Villa Vista Body Corporate Initial: 2 P a g e

3 2.12 No owner shall hang washing or similar items of clothing or household linen on any balcony or any other part of the building so as to be visible from the street, other sections or from any part of the common property Any washing or household linen hung out to dry or air is so hung out at the risk of the owner concerned No items of any unsightly nature shall be stored where they would be visible, e.g. balconies. entrance courts, underneath carports or anywhere on the common property No common property, or washing line areas are to be locked for exclusive usage only 3. ANIMALS, REPTILES, BIRDS (PETS) Owners or their visitors, may not house any pets on their premises or on the common property. Exception is made to owners in section 1 to 5 who previously had pets. No new owner will be allowed pets without the trustees written consent. The Trustees may in their discretion withdraw approval of the keeping of pets. 4. REFUSE DISPOSAL AND LITTERING An owner shall- 4.1 maintain in a hygienic, clean and dry condition a receptacle for refuse within his section, his exclusive use area on such part of the common property as may from time to time be allocated to him for this purpose by the Trustees; 4.2 ensure that before refuse is placed into a receptacle at the refuse area it is securely wrapped; in the case of tins and other containers, that they are thoroughly drained; 4.3 not deposit, throw or permit or allow be depositing or thrown on the common property any rubbish, dirt. Cigarette butts, food scraps or any other litter whatsoever; 4.4 ensure that all glass is either securely wrapped in newspaper so that in the event of compacting it shall not splinter with breakage, thus constituting danger to humans, or that glass is clearly displayed so that the precaution prescribed above in this paragraph may be duly taken by those processing the disposal of refuse. 5. EXTERIOR OF BUILDINGS - DAMAGE, ALTERATIONS OR ADDITIONS TO THE COMMON PROPERTY, Villa Vista Body Corporate Initial: 3 P a g e

4 5.1 An owner shall not mark, paint, drive nails or screws or the like into, or otherwise damage or alter, any part of the common property without obtaining the written consent of the Trustees. 5.2 Notwithstanding the provisions of SUb-section 5.1 supra, an owner may, on written authority from the Trustees, install: any locking device, safety gate, burglar bars or other safety devices for the protection of his section; any screen or other device to prevent the entry of animals/insects; provided that the Trustees have first approved in writing the nature and design of the device, the manner of its installation and its colour. 5.3 No owner may make any structural alteration to his section, his exclusive use area, garage or any part of the common property whether or not adjacent to his unit, without the written consent of the Trustees. 5.4 No owner shall erect or cause to be erected or installed any lights or lighting apparatus in any part of the common property or on his exclusive use area without the written consent of the Trustees. 5.5 No owner shall erect any structure of any nature whatsoever, including but not limited to umbrellas, braai facilities, Jacuzzi or saunas which are of a permanent or semi-permanent nature without the written consent of the Trustees. 5.6 No owner shall install any air conditioning units which protrude beyond the outside facade of the/any building without the written approval of the Trustees who shall be entitled inter alia, to determine the type of air conditioning unit or ventilation grille and the colour. 5. An owner shall not install any window into a building nor shall he construct any external structure to any building which will alter the visual appearance of the building. 6. EXTERNAL APPEARANCE 6.1 An owner shall not place near or do anything to his section or any part of the common property which in the discretion of the Trustees are aesthetically displeasing, obstructive or undesirable when viewed from the outside of the section Without derogating from the generality of the provisions of SUb-section 6.1, no owner shall place or allow any item of washing to be placed on his balcony, his exclusive use area or any Villa Vista Body Corporate Initial: 4 P a g e

5 other part of the common property if such washing is visible from the common property, the street or from neighbouring units or properties. 6.3 Subject to the provision of sub-clause 6.4 no owner shall store or allow to be stored any item on his balcony other than plants and garden furniture. 6.4 An owner or occupier of a section is permitted to place and keep on his balcony such garden pots and pot plants and garden furniture as may be approved by the Trustees from time to time. The Trustees may withdraw such approval. 6.5 No owner may shake or dust or beat carpets or mats over the balconies or walls or through the windows of any section: 7. STORAGE OF INFLAMMABLE MATERIAL AND OTHER DANGEROUS ACTS An owner or occupier shall not store any material. or do or permit or allow to be done, any other dangerous act 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. 8. VEHICLES, USE OF DRIVEWAYS AND PARKJNG AREAS 8.1 Parking of vehicles on the common property (including in garages) shall at all times be at the owners' risk. 8.2 No owner shall park or stand any motor vehicle on the common property, nor shall he allow any motor vehicle to be parked or stood on the common property, without the written consent of the Trustees. 8.3 Visitors' parking bays, if available, may be used for temporary periods by visitors, invitees, guests and suppliers. 8.4 The Trustees may cause to be towed away or wheel lock or otherwise removed at the risk and at the expense of the owner of the vehicle, any vehicle parked, standing or abandoned on the common property without the Trustees' consent. 8.5 Owners and occupiers of sections shall ensure that their vehicles and those of their visitors, guests, contractors or suppliers do not drop oil, grease or brake fluid on to the common property, or in any other way deface the common property. 8.6 No owner or occupier shall be permitted to dismantle or carry out any major repair of a motor vehicle body or engine on any portion of the common property or in a section. Villa Vista Body Corporate Initial: 5 P a g e

6 8.7 An owner or other lawful occupier of a unit shall not place, park or permit to be placed or parked any motor vehicle, possession or other article in such manner as to obstruct any passageways, exit from or any entrance to the building, or any access to or exit from any section or garage or any other common property In the event of any infringement of the provisions of this sub-section 8.7 the Trustees may have the object of obstruction towed away or otherwise removed at the risk and cost of the owner of the object of obstruction, provided that if the obstruction is caused by the motor vehicle, possession or article causing the obstruction is that of a member of the family of the owner, his visitor, invitee or supplier, the removal/towing away shall be done at the risk and cost of the owner concerned. 8.8 An owner shall not use a parking bay or parking space for any purpose other than for the parking of a passenger motor vehicle, station wagon, combi, motorcycle or scooter,. 8.9 An owner shall not allow any wheeled vehicle such as a bicycle, tricycle, scooter, cart or skateboard to be ridden in the corridors or on common property Owners, tenants or other legal occupiers shall not drive their vehicles within the common property in any manner which creates a nuisance or is considered by the Trustees to be compromising the safety of others in the complex The Trustees may, in the interest of safety, cause traffic calmers to be laid across the driveways within the complex No owner, tenant or other occupier shall permit any pantechnicon or other vehicle of weight exceeding five tons to be driven on any driveway inside the boundary of the common property Hooters shall not be sounded within the common property Trucks, caravans, trailers, boats or other heavy vehicles shall not be parked in the complex without the written consent of the Trustees Units 1 to 5 have double garages; all other units have one allocated shade net parking. Owners may apply in writing to the trustees for a temporary additional, uncovered, parking bay, under the following conditions: Units 1 to 5 for a third vehicle only, all other units for a second vehicle only Villa Vista Body Corporate Initial: 6 P a g e

7 A 2nd additional parking, for units will only be permitted subject to availability, but should any other owner apply for a first additional parking bay, the 2nd allocated bay will be reallocated. This will be allocated on a first in first out basis Should an additional parking bay not be utilized for the purposes granted, the trustee will withdraw the allocation. All additional parking bays will be levied at a rate as may be determined by the trustees from time to time No owner, who has been allotted a temporary parking bay, may "sell" such to a new proposed owner. New Owners to apply in writing to trustees for such temporary parking, subject to availability, Temporary parking Bays to be allocated on a first come first serve bases No owners or their tenants are to park on the visitors parking bays, No parking allowed on any grass areas within the complex No parking allowed in front of any emergency exists or equipment. 9. SIGNS AND NOTICES No owner or occupier of a section shall place 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 the section without the written consent of the Trustees first having been obtained. 10. LETTIING OF UNITS All tenants of units and other persons granted rights of occupation by any owner are obliged to comply with these Conduct Rules, notwithstanding any provision to the contrary contained in any lease or any grant of right of occupancy. 11. MAINTENANCE, ALTERATIONS, INSTALLATIONS AND ADDITIONS TO BUILDINGS 11.1 An owner shall at all times and at his own cost maintain his section and exclusive use areas in good, clean, hygienic, tidy and habitable order and condition, and shall be responsible for: all interior painting, maintenance, elimination of blockage of sewers and sanitary equipment and connections; Villa Vista Body Corporate Initial: 7 P a g e

8 remedying of water piping inside the section: and maintaining the hot water system inside his section; provided that in the event of a burst geyser he shall not be responsible for the consequential water damage to walls, carpets, or other floor coverings An owner shall at all reasonable times grant access to the Trustees, their servants and agents, to his section, his exclusive use area and any other part of the common property over which he may at the time have control, for the purpose of performing any necessary maintenance, effecting repairs or performing other such tasks and matters incidental thereto, 11.3 Any structural alterations which serve more than one section and/or common property, including alterations to the plumbing and electrical installations to the interior of units, may not be carried out without the written consent of the owner of the unit, the Trustees and of the municipal authorities where applicable All work associated with circumstances and conditions described in sub-clause 11.3 shall be carried out at reasonable times and shall not cause undue disturbance or inconvenience to occupants of adjoining sections No owner, tenant or other occupant shall interfere or meddle with electrical installations, wiring and plug points. 12. NOISE 12.1 An owner shall not play or cause or permit to be played any radio, television set, tape or other recording, amplifier or any musical instrument or sound generating instrument in or about the complex in a manner or at a time causing inconvenience or disturbance to any other person lawfully on the premises of the Body Corporate Any owner wishing to have a party in his section shall, prior to the holding of the party, notify his immediate neighbours and others likely to be affected by the occasion of his intention so to do. 13. POWER TOOLS AND EQUIPMENT 13.1 An owner shall not use or cause or permit to be used in his unit or elsewhere in the complex, any hand or power tools, implements, equipment, devices, utensils and or similar items which disturb radio or television reception or which create or cause any source of noise, sound, smell or fumes to which others in the complex may reasonably object. Villa Vista Body Corporate Initial: 8 P a g e

9 13.2 An owner may not store or permit to be stored any power tools and equipment or similar items, including work benches/work tables in the unit or any part of the common property, including his exclusive use area if applicable An owner shall not practice or cause to be practised in any part of the common property, including his exclusive use area if applicable, any hobby or activity to which others living in the complex may reasonably object No major alterations, or use of power tools to be done / used during weekends and on public holidays. 14. FIRE FIGHTING EQUIPMENT 14.1 An owner shall not tamper with, use or abuse or permit to be used, abused or tampered with, any fire hose, reel or extinguisher in any manner or for any purpose other than as permitted/prescribed by the fire regulations of the local authority concerned or other relevant legislator No fire extinguisher, fire hose or similar device shall be used for any purpose except in circumstances of emergency in a section or anywhere on the common property. They shall not be used for washing motor vehicles, watering of the garden or for any other unauthorised purpose. 15. BARBEQUES 15.1 An owner shall not make fire, or use barbeques in a manner which or at a time when in so doing disturbance is caused to any other persons lawfully in the complex, or which represents a potential or direct danger to human life or property. 16. GARDENS, GARDEN WORKERS 16.1 Garden workers in the employment of the Body Corporate are supervised by a designated Trustee and/or complex manager. Requests for the help of garden workers shall be addressed to the Trustee having jurisdiction and no directions shall be given to any garden worker by any owner Owners shall not interfere with vegetation of any description growing on common property except that growing on his exclusive use area, if applicable No vegetation may be removed from the common property, or be trimmed or pruned without the written approval of the Trustees. It is recorded that some of the flora on the Villa Vista Body Corporate Initial: 9 P a g e

10 common property is or may be protected by law and any owner who acts in a way which may be injurious to it may provide grounds for legal proceedings against him No owner shall plant or cause to be planted anywhere on the common property, including his exclusive use area, any plants, shrubs or trees without the written approval of the Trustees being first obtained. This prohibition is, in particular, pertinent to creeping plants Garden tools and other equipment shall not be kept where they will be in view from any section or any part of the common The Body Corporate is responsible for the up keep of the pavement, and lawn areas in Phase II. Phase I residents. Units 1 to 5, are responsible for the up keep of their exclusive use gardens. Should it be reported that the Phase I private gardens are not being maintained the Body Corporate will have the right to maintain such at an additional cost to be levied to such owner. 17. LEASING OF UNITS All tenants of units and other persons granted rights of occupancy by any owner of the relevant unit, shall observe these conduct rules mutatis mutandis as though they were themselves owners, and notwithstanding any provision to the contrary contained in any lease agreement or any grants of rights of occupancy. 18. ERADICATION OF PESTS An owner shall keep his section free of white ants, borer and other wood destroying insects and to this end shall permit the Trustees the managing agent, and their duly authorised agents or employees, to enter upon his section from time to time for the purpose of inspecting the section and taking such action as may be reasonably necessary to eradicate any such pests. The costs of the inspection, eradicating any such pests as may be found within the section, replacement of any woodwork or other material forming part of such section which may be damaged by any such pests shall be borne by the owner of the section concerned. 19. Afternoons, Week-ends, Public and School Holidays 19.1 No screaming, shouting or other noisy activity or any conduct which can be regarded as disturbing, offending or a nuisance any person living in the complex or to the public in general, shall be tolerated in the complex area No ball games or any other sporting activities are to be played near parked vehicles. Villa Vista Body Corporate Initial: 10 P a g e

11 19.3 Shade net paring areas are not playground areas. 20. OBSERVANCE OF SECURITY REGULATIONS Owners shall observe all such regulations as the Trustees may make from time to time in the interest of the safety and security of all who live il1l the complex. 21. DOMESTIC WORKERS 21.1 Owners shall ensure that their domestic workers know and understand such regulations as they may need to observe in the interest of good management of the Body Corporate's affairs affecting owners and servants Owners shall from time to time furnish such details of their domestic servants as may be required by the Trustees for purposes of monitoring the entry of the former on to the Body Corporate's common property. 22. PAYMENT OF LEVIES AND ELECTRICITY AND WATER CONSUMPTION AND OTHER SERVICES AND CHARGES Levies and all other charges is due and payable monthly on the 1 st of every month to which it relates. 23. Any owner, or his /her visitors or tenants, who fail to adhere to the conduct rules will be levied a fine as may be determined by the trustees from time to time. Acceptance of Conduct Rules I the owner(s) of Door No Section No, Villa Vista herewith declare that I have been presented with a set of Conduct Rules and further declare that I(we) have read and understood the Conduct Rules of Villa Vista Body Corporate. Name Date ID Number Name Date ID Number Villa Vista Body Corporate Initial: 11 P a g e