BODY CORPORATE DEPOTEL FLATS C O N D U C T R U L E S

Transcription

1 BODY CORPORATE DEPOTEL FLATS C O N D U C T R U L E S Conduct Rules of the Body Corporate Depotel Flats in Terms of Section 35(2) (b) of the Sectional Title Act No. 95 of THESE RULES HAVE BEEN DESIGNED FOR THE COMFORT, CONVENIENCE AND SAFETY OF ALL OCCUPIERS AND IT IS INCUMBENT ON THEM TO ENSURE STRICT COMPLIANCE BY THEMSELVES, THEIR FAMILIES, DOMESTIC HELP, GUESTS AND OTHERS. Index 1. Building 2. Protection of Building 3. Damage of Property 4. Electrical Supply 5. Fire Extinguishers 6. Motor Vehicles 7. Laundry 8. Sanitary Services 9. Quiet 10. Gardening 11. Children 12. Activities 13. Domestic Help 14. Pets 15. Visitors 16. Business Activities 17. Occupation 18. Letting of Units 19. Property Rights to the House 20. Co-Operation Good Neighbourliness 21. Penalty Clause: to the Conduct Rules of Depotel Flats 22. Validity of the Conduct Rules 1 of 8

2 TRUSTEES OF THE BODY CORPORATE DEPOTEL FLATS Referring to the SECTIONAL TITLE ACT, 1986 and its Amendments, the following: C O N D U C T R U L E S Conduct Rules have been approved by the Trustees on a Meeting held at Secunda on 1 st November 2004 Rules amended, updated and approved on the 23 rd August 2006 and again on the 5 th February These rules are, apart from other requirements of the Act, of a binding nature and Owners are expected to see to it that they and their tenants are informed about them and adhere thereto. 1. BUILDING: (a) An Owner / Tenant shall be compelled to comply with all the rules and regulations and / or the interpretation of these rules and regulations by the Trustees of the Body Corporate, and any failure to comply with the rules and regulations aforesaid shall be considered as a breach of same and the Trustees and / or Body Corporate shall be entitled to enforce the rules and regulations in whatever manner they may deem fit. (b) No Owner / Tenant may provide for, or give effect to any improvement on or to the common property unless a proposal to make such improvement has been submitted and approved by a special resolution at a general meeting of the Owners of sections and Trustees. No building alterations to Units (of any sort including painting) to be undertaken or structures, canopies, pergolas, solar heaters, doors, windows, window frames, etc to be erected unless written authorisation has been obtained from the Trustees, who may stipulate the manner in which such alterations or erections, may be carried out. (c) The Body Corporate / Trustees do not hold themselves responsible for any accidents or injury sustained on the common property. 2. PROTECTION OF THE BUILDING: (a) FLOORS: CHILDREN MUST AT ALL TIMES BE UNDER STRICT SURVEILLANCE AND SUPERVISION OF PARENTS. Dragging of furniture in passage ways and along other surfaces of the common property causes extensive damage. Items must be either carried or moved on a suitable conveyance. This includes using the floors as a surface for grinding and chopping 2 of 8

3 (b) WALLS: Nails, hooks, screws or any other fasteners / fittings etc, may not be knocked into common property walls. Where defects are seen in walls, they are to be reported to the Trustees. (c) SECURITY GATES: Owners / Tenants are allowed to erect security gates at their back and / or front doors, provided that the Trustees have first approved in writing the nature and design and manner of its installation. The main security gates (motor and pedestrian) are to be kept closed at all times. Persons found obstructing the functioning of these gates will be held liable for any claims or damages as a result thereof. Keys for the pedestrian gate are obtainable from the Trustees, against payment of the cost of the key. The key remains the property of the Body Corporate and must be returned to the Trustees if the Owner / Tenant vacate his / her flat. A refund of the cost of the key will be made. (d) 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. (e) HAZARDOUS SUBSTANCES: Inflammable and / or other dangerous materials or articles may not be stored on the common property or in any Unit except in such quantities for household purposes, as are provided for and made allowance for under THE INSURANCE ACT. 3. DAMAGING OF PROPERTY: Any persons damaging or soiling the common property is compelled to repair or clean the damage at his / her own expense in such a way that the original appearance is restored. 4. ELECTRICITY SUPPLY: Under no circumstances may Owners / Tenants tamper with or have work done on the electrical apparatus which serves the common property. Any electrical faults detected on the common property must be reported to the Trustees. 5. FIRE EXTINGUISHERS: These are not to be interfered with, except in cases of fire. Any person found interfering with fire extinguishers / fire hoses will be prosecuted. Fire extinguishing equipment must be freely accessible at all times. 3 of 8

4 6. MOTOR VEHICLES: (a) No trucks, caravans, trailers, boats, or any other vehicles are allowed to be parked on the common property for more than 48 hours unless written authorisation is given by the Trustees. (b) It is the responsibility of the Occupier, when parking any vehicle in his/her parking garage, or in front thereof, to ensure that the roadway, entrance and exit to the complex be kept clear of obstruction in order to allow other residents and emergency vehicles free access and egress at all times. (c) Major repairs to and reconditioning of vehicles on the common property is strictly prohibited. (d) Cycles etc: Aimless, unwarranted and playful cycling on the common property is prohibited. (e) Roller skating and skating on any type of skate board etc. on the common property is strictly prohibited. (f) Bicycles, motor cycles and tricycles may not be left on any portion of the common property. (g) All visitors must park their vehicles in the parking bays allocated / demarcated on the common property. (h) Garage doors must be closed and locked to prevent theft and damage. (i) The Body Corporate does not take any responsibility for personal loss, injury or damage related to any of the above activities. 7. LAUNDRY: Laundry may not be hung out on dividing walls or laid out to dry in any part of a Unit, nor on any part of the common property where it is visible to the general public, or to other residents. Washing may ONLY be hung on the wash-lines provided for the purpose and is at the sole risk of the person so doing. 8. SANITARY SERVICES: No rubbish or refuse may be left on any portion of the common property, other than in the bins provided for the purpose. Owners / tenants are to make themselves aware of the refuse removal day, and adhere to it. Excess refuse must be removed by the owner / tenant to the refuse dump when this occurs. Residents are requested to ensure that no rubbish / dust / sweepings / cigarette butts etc., are being swept or thrown about to land in the common areas or enter into Units of residents living next door. 4 of 8

5 All animal waste is the responsibility of the animal s owner and must be cleaned up accordingly. 9. QUIET: (a) Residents are required to maintain a reasonable level of quiet at all times. (b) In order to prevent unreasonable and annoying disturbance to neighbours and other residents the volume of television sets, sound systems and radios, (including motor car radios), should be kept at a reasonable level particularly after 9pm. (c) Motor vehicles hooters must not be used on the common property except in cases of emergency. 10. GARDENING: (a) Any form of gardening / planting of trees, plants etc. on the common property may only be carried out with the permission of the Trustees. Residents are free, and encouraged, to carry out any gardening on those areas described as being for the exclusive use of owners, always bearing in mind that large trees, cumbersome creepers and the like, which may cause damage to the foundations or to the walls of the building, may not be planted. (b) The gardener / garden services are responsible solely to the Trustees and residents may not interfere with him / them or employ him / them for private services during working hours. (c) Gardens are to be well tended, neat and tidy at all times. If this rule is not adhered to the Trustees are entitled to maintain the garden of the Unit concerned and to charge any costs incurred for this purpose to the Owner of that Unit. 11. CHILDREN: Parents must at all times supervise their own children and those of their visitors in order to prevent any disturbances being caused to other residents or any damage being done to any part of the common property or to the possessions of other residents. 12. ACTIVITIES: No hobbies or other activities, which are liable to cause disturbance to other residents, may be pursued on the common property. 13. DOMESTIC HELP: (a) Residents must ensure that their domestic help do not loiter on the premises or entertain any friends on the premises. 5 of 8

6 14. PETS: (b) Residents must ensure that their domestic help do not cause undue noise on the common property or elsewhere in the Complex. (c) Residents must ensure that their domestic help do not force newspapers, coarse food or other foreign material down drains, basins or toilets. (d) All residents must provide their domestic help with a key to the domestic help toilet (Keys are obtainable from the Trustees, against payment of the cost of the key). (e) The key remains the property of the Body Corporate and must be returned to the Trustees if the Owner / Tenant vacates his / her flat. A refund of the cost of the key will be made. (f) Domestic help must be instructed to keep the toilets clean and locked at all times. Residents must ensure that their domestic help are provided with the necessary toilet paper. (g) The Store Room is for the exclusive storage of the lawnmower and garden equipment of the Complex and no rubbish or personal belongings may be accumulated there. No pets i.e. four-legged animals, dogs, cats, etc. which are capable of causing a disturbance or making a nuisance of themselves are to be housed, harboured or kept in the Complex. Existing animals may remain, however if more than two complains arise, the Trustees will ask the Owner to have the pets removed. 15. VISITORS: Residents will be held responsible for the conduct of their visitors and residents must ensure that their visitors abide by the Conduct Rules of Depotel Flats and that the rules in terms of the SECTIONAL TITLES ACT are strictly adhered to. 16. BUSINESS ACTIVITIES: (a) No business or trade activities of any nature may be conducted on the common property or in any Unit, except with the permission of the Trustees. The carrying on of business of Trade activity, would in any event be against the SECUNDA MUNICIPAL LAWS AND THE SECTIONAL TITLES ACT. (b) No auctions / jumble sales may be conducted on the common property or in any Unit, except with the permission of the Trustees and only if this is a once off event. (c) No advertisements or publicity material may be exhibited on the common property or in any Unit except with the permission of the Trustees. 6 of 8

7 17. OCCUPATION: The number of occupants per flat only is allowed, as per original signed lease, provided where there are more than one family living in a flat, the number of occupants will be subject to the Trustee s approval. 18. LETTING OF UNITS: All tenants of Units and other persons granted rights of occupancy by any Owner of the relevant Unit are obliged to comply with these conduct rules, notwithstanding any provision to the contrary contained in any lease or any grant of rights of occupancy. 19. PROPERTY RIGHTS TO THE HOUSE: (a) These rules remain the property of the Body Corporate and must remain in the flat when vacated. (b) Non-compliance with these rules may lead to LEGAL ACTION against offenders or such action as the Trustees may deem fit. (c) Should complaints arise about the violations of Conduct Rules, they should be made in writing and addressed to: THE CHAIRMAN c/o DEPOTEL FLATS P. O. Box 5108, Secunda, Such a procedure allows a cooling-off period. However, in most cases it will be found that a direct and courteous approach to the offender will be successful. 20. CO-OPERATION GOOD NEIGHBOURLINESS: Regardless, whether you are an Owner or a Tenant, you remain a member of our community and have responsibilities towards your neighbours, the buildings and the equipment of the Complex. Therefore, you are asked to co-operate at all times to promote and ensure that a harmonious and peaceful relationship is shared by all. Items to include in this consideration are being mindful of your neighbours when making a noise or having a braai in the inner court yard (or outer patio) where the noise and smoke can drift into the adjacent flat. 21. PENALTY CLAUSE: TO THE CONDUCT RULES OF DEPOTEL FLATS: (a) Penalty interest will be charged by the Trustees to individual levy accounts in arrears, at the prime interest rate per month on the outstanding balance. 7 of 8

8 (b) Any account in arrears for a period exceeding 3 months will be handed over for collection. The costs thereto incurred will be for the account of the transgressor (c) Motor vehicles parked illegally on the common property will be subject to a R (One Thousand Rand) fine per incidence / occurrence, which sum will be levied against the responsible owners levy account immediately, provided that the Owner responsible for the vehicle has received one written warning thereof and signed receipt of it. 22. VALIDITY OF THE CONDUCT RULES: These rules are valid from the date noted at the beginning of the document with not stated end date. However, any of the rules may be changed from time to time as the need arises. The final acceptance of the change will only be at the unanimous agreement of the Body Corporate. CHARIMAN SECRETARY DATE PLACE 8 of 8