Bishops Gate Body Corporate No. SS 9 / 1979

Transcription

1 Bishops Gate Body Corporate No. SS 9 / 1979 Section 1: Rules - Schedule 1 Section 2: Rules - Schedule 2 Section 3: House Rules Section 4: Gates Rules Section 5: Site Plans Physical Address: Bishops Gate Erf 428 (consisting of erven 414 & 415) Corner of Thirteenth & Steve Streets Victory Park Extension 20 Johannesburg Gauteng Province 2195, Republic of South Africa Date: 16 October 1979 Reprinted: 10 September 2014 Managing Agents: CST Management Services cc P.O. Box 1664, Randburg, 2125 Tel: Fax: gk@colprop.co.za Bishops Gate Rules Page 1

2 Section 1 Rules for the Control and Management Of the Building Known as Bishops Gate SCHEDULE 1 Bishops Gate Rules Page 2

3 I certify that these are the rules for inclusion in Schedule 1 (Section 27 (2) (a) (i) which were duly submitted to an extraordinary general meeting of the Body Corporate known as the Controlling Body of BISHOPS GATE No. 7/1979 held on the 16th day of October, 1979 and adopted by unanimous resolution of the members thereof in substitution for the rules contained in Schedule 1 as submitted to the Rand Townships Registrar in terms of Section 5 (3) (f) of the Sectional Titles Act, No. 66 of 1971 CHAIRMAN OF THE MEETING B. WEINBERG Date: 16th October, 1979 RULES FOR THE CONTROL AND MANAGEMENT OF THE BUILDING KNOWN AS BISHOPS GATE AND OF ERF 428 IN THE TOWNSHIP OF VICTORY PARK EXTENSION 20 REGISTRATION DIVISION I.R., TRANSVAAL ON WHICH THE BUILDING IS SITUATED PRELIMINARY SCHEDULE 1 (Section 27 (2) (a) (i) of the Sectional Titles Act, 1971} 1.The Rules contained in this Schedule shall not be added to, amended or repealed except in accordance with Section 27 (2) (a) (i) of the Sectional Titles Act, 1971, and subject to the provision of Section 27 (3) of the Act. INTERPRETATION 2. ln the interpretation of these rules, unless the context other indicates:- 2.1 "Act" means the Sectional Titles Act, 1971, (Act 66 of 1971) as amended from time to time and any regulations made and in force thereunder. 2.2 Words and expressions used shall bear the meanings assigned to them in the Act. 2.3 "Trustee" includes an alternate trustee 2.4 Words importing: the singular number only shall include the plural, and the converse shall also apply; the masculine gender shall include the feminine and neuter genders and the neuter gender shall include the masculine and feminine genders. 2.5 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. Bishops Gate Rules Page 3

4 DOMICILIUM CITANDI AND EXECUTANDI 3.1 The Trustees shall from time to time determine the address constituting the domicilium citandi et executandi of the Body Corporate as required by section 29 (1) (h) of the Act, subject to the following: such address shall be situate within a radius of 25 kilometres from the building; until otherwise determined by the trustees, the domicilium citandi et executandi shall be at c/o 63 Road, Glenhazel, Johannesburg no change of such address shall be effective until written notification thereof has been received by the Registrar the trustees shall give written notice to all owners of any change of such address. 3.2 The domicilium citandi et executandi of each owner shall be the address of the section registered in his name provided that such owner shall be entitled from time to time to change the said domicilium subject to the condition that any new domicilium selected shall be situate within a radius of 25 kilometres from the building and the change shall only be effective on receipt of written notice thereof by the body corporate at its domicilium. TRUSTEES OF THE BODY CORPORATE Qualifications; Appointment and Election; Tenure of Office; Remuneration; Indemnity 4.1 The number of trustees shall be determined from time to time by the numbers of the Body Corporate in general meeting, provided that there shall be not less than two nor more than seven trustees 4.2 With effect from the date when these rules come into force, the trustees shall be : Mr. B. Weinberg Mrs. T.N.M. Kruger who shall hold office until the first annual general meeting of the members of the body corporate subsequent to the date when these rules come into force, when the said trustees shall retire but be eligible for re-election. 4.3 The Chairman of the Trustees referred to in Rule 4.2 shall be Mr. Basil Weinberg who shall hold office until the general meeting referred to in rule 4.2, when he shall retire as a trustee and as chairman but be eligible for re-election in terms of Rule 18. QUALIFICATIONS 5 A trustee or alternate trustee shall not be required to be an owner or the nominee of an owner who is a juristic person to qualify for office as a trustee. 6 A trustee, once elected, shall remain in office indefinitely until a resolution is passed at a general meeting appointing another in his place, or he ceases to hold office as such for any of the other reasons in Rule 13. Bishops Gate Rules Page 4

5 NOMINATIONS 7 Nominations by owners for the election of trustees at any annual general meeting shall be given in writing, accompanied by the written consent of the person nominate, so as to be received at the domicilium of the body corporate not later than 48 hours before the meeting. VACANCY IN NUMBER OF TRUSTEES AND CO-OPTION 8 The Trustees may fill any vacancy in their number or co-opt an additional trustee, provided that the number of trustees shall not exceed the maximum number prescribed in rule 4.1. Any trustees so appointed or co-opted shall hold office until the next annual general meeting when he shall retire and be eligible for re-election as though he had been e1ected at the previous annual general meeting. ALTERNATE TRUSTEES 9.1 A trustee may appoint another person, reasonably acceptable to his co-trustees, whether or not the latter be the owner of a unit, to act as his alternate during his absence or inability to act as a trustee. 9.2 An alternate trustee shall have the powers and be subject to the duties of the trustee by whom he was appointed. 9.3 An alternate trustee shall cease to hold office if the trustee appointing him ceases to be a trustee or if his appointment is revoked by the trustee who appointed him. REMUNERATION 10.1 Unless otherwise determined by a special resolution of the owners, trustees who are owners shall not be entitled to any remuneration in respect of their services as such; provided that the body corporate shall reimburse to the trustee all disbursements and expenses actually and reasonably incurred by them in carrying out their duties and exercising their powers 10.2 The Body Corporate may remunerate trustees who are not owners at such rate as may be agreed between the body corporate and such trustees, and such trustees shall further be entitled to have refunded any disbursements and expenses incurred by them in the circumstances envisaged in VALIDITY OF ACTS OF TRUSTEES 11 Any act performed by the Trustees shall, notwithstanding that it is after the performance of the act discovered that there was some defect in the appointment or continuance in office of any trustee, be as valid as if such trustee had been duly appointed or had duly continued in office INDEMNITY 12.1 Subject to the provision of 12.2, every trustee, agent or other officer or servant of the body corporate shall be indemnified by the body corporate against all costs, losses, expenses and claims which he may incur or become liable to by reason of any act done by him in the discharge of his duties, unless such costs, losses, expenses or claims are caused by the gross negligence, wilful default or fraudulent act of such person; and it shall be the-duty of the trustees to pay such indemnity out of the funds of the Body Corporate The indemnity referred to in rules 12.1 shall not apply in favour of any managing agent appointed in terms of Rule 46 Bishops Gate Rules Page 5

6 DISQUALIFICATIONS OF TRUSTEES REMOVAL FROM OFFICE 13. A Trustee shall cease to hold office as such: If by notice in writing to the body corporate he resigns his office If he is or becomes of unsound mind If he surrenders his estate as insolvent or his Estate is sequestrated If he is convicted of an offence which involves dishonesty If by resolution of an extraordinary general meeting of the body corporate, he is removed from his office. If he is or becomes 13.6 in terms of sections 218 or-219 of the Companies Act, 1973, disqualified from being appointed or acting as a Director of a Company. 14. The Body Corporate may at an extraordinary general meeting remove any trustee before the expiry of his term of office and appoint another trustee in his place to hold office for the unexpired part of the term of office of the trustee so removed. MEETINGS OF TRUSTEES QUORUM, CHAIRMAN, VOTING When to be held and notice 15.1 Subject to the provisions of rules 15.2 and hereof, the trustees, may give notice convening meetings, meet together for the despatch of business, adjourn and otherwise regulate their meetings as they think fit. lt shall not be necessary to give notice of a meeting of trustees to any trustee for the time being absent from the Republic but notice of any such meeting shall be given to his alternate, if he has appointed one, provided that such alternate is in the Republic A trustee may at any time convene a meeting of the trustees by giving to the other trustees and all first mortgagees in the circumstances referred to in rule hereof not less than seven days' written notice of a meeting proposed by him, which notice shall specify the - reason for calling such a meeting; provided that in cases of urgency such shorter notice as is reasonable in the circumstances may be given Any mortgagee holding first mortgage bonds over not less than 25% of the units shall, if it so requires the trustees in writing, be entitled to receive reasonable notice of all meetings of the - trustees The nominee of any such first mortgagee shall be entitled to attend and speak at a11 meetings of the trustees but shall not. in his capacity as such, be entitled to vote thereat. Quorum 16.1 At a meeting of trustees, two trustees shall form a quorum where there are four or less than four trustees; three trustees shall form a quorum where there are five to six trustees; and where there are seven trustees, four trustees shall form a quorum If the number of trustees falls below the number necessary to form a quorum, the remaining trustees may continue to act but only for the purpose of appointing or co-opting additional trustees to make up a quorum or for the purpose of convening a general meeting of owners. Bishops Gate Rules Page 6

7 17. If at any meeting of trustees a quorum is not present within thirty minutes of the appointed time of the meeting, such meeting shall stand adjourned to the next business day at the same time. Chairman 18. At the commencement of the first meeting of trustees after each annual general meeting, the trustees shall elect a chairman from among their number who shall hold office as such until the end of the next ensuing annual General meeting of the members of the body corporate and who shall have a casting as well as a deliberative vote. 19. The body corporate may at any extraordinary general meeting in respect of which the requisite notice of special business has been given, remove the chairman from his office as such. 20. If any chairman elected in terms of rule 18 vacates his office as chairman or no longer continues in office by virtue of the provisions of rule 19, the trustees shall elect another chairman who shall hold office as such for the remainder of the period of office of the first-mentioned chairman and shall have the same rights of voting. 21. If any chairman vacates the chair during the course of a meeting or is not present or is for any other reason unable to preside at any meeting, the trustees present at such meeting shall choose another chairman for such meeting who shall have the same rights of voting as the chairman. Voting 22. All matters at any meeting of the trustees shall be determined by a majority of the votes of the trustees present and voting. 23. No trustee shall be disqualified from voting in respect of any contract or proposed contract or any litigation or proposed litigation with the body corporate by virtue of any interest he may have therein provided he declares the nature and extent of his interest which must thereupon be noted in the records of the meeting. 24. A resolution in writing signed by all the trustees for the time being present in the Republic and being not less than are sufficient to form a quorum, shall be as valid and effective as if it had been passed at a meeting of the trustees duly convened and held. THE FUNCTIONS, POWERS AND DUTIES OF TRUSTEES General 25. The duties and powers of the body corporate shall, subject to the provisions of the Act and these rules and to any restriction imposed or direction given at a general meeting of the owners of sections, be performed or exercised by the trustees of the body corporate holding office in terms of these rules. Powers 26.1 The powers of the trustees shall include the following:- Bishops Gate Rules Page 7

8 Powers of Appointment Subject to any restriction imposed or direction given at a general meeting of the body corporate, to appoint for and on behalf the body corporate such agents and employees as they may deem fit in connection with the control, management and administration of the common property; and the exercise and performance of any or all of the powers and duties of the body corporate. Delegation Subject to any restriction imposed or direction given at a general meeting of the body corporate, to delegate to one or more of the trustees such of their powers and duties as they deem fit, and at any time revoke such delegation. House Rules Subject to any restriction imposed or direction given at a general meeting of the body corporate, to make house rules from time to time for the control, use, safety and cleanliness of the common property, which house rules shall not conflict with the act or with these rules; be reasonable; apply equally to all owners The trustees may not make loans on behalf of the body corporate to owners of units or to themselves without a special resolution from the body corporate to that effect. Signing of Instruments 27. No instrument signed on behalf of the body corporate shall be valid and binding unless it is signed by a trustee and the managing agent, referred to in Rule 46, or unless two trustees sign where there is no managing agent. DUTIES OF TRUSTEES Statutory and General Duties 28.1 Without detracting from tile scope of the additional duties specified in rules 29 to 45, and subject to the provisions of such rules, the trustees shall perform the duties placed upon them by sections 29 to 31 of the Act The Trustees shall do all things reasonably necessary for the control, management and administration of the common property in terms of the power conferred upon the body corporate by section 30 (1 )(o) of the Act The trustees shall do all things reasonably necessary for the enforcement of the rule's and house rules in force from time to time. Insurance At the first meeting of the trustees or so soon thereafter as is possible, and annually thereafter, the trustees shall take steps to insure the buildings and all improvements to the common property to the full replacement value thereof against: fire, lightning and explosion; Bishops Gate Rules Page 8

9 riot, civil commotion, strikes, lock-outs, labour disturbances or malicious persons acting on behalf of or in connection with any political organisation; storm. tempest, flood, or damage to gates, fences and retaining walls; earthquakes; aircraft and other aerial devices or articles dropped therefrom; bursting or overflowing of water tanks, apparatus or pipes; impact with any of the said buildings or improvements by any road vehicle horses or cattle; housebreaking or any attempt thereat; such other perils or dangers as they may deem appropriate; The trustees shall at all times ensure that in the policies of insurance referred to in rule above; there is specified the replacement value of each unit (excluding the owner's interest in the land); initially (but subject to the provisions of ) in accordance with the trustees' estimate of such value; after the first annual general meeting (but subject to the provisions of ) in accordance with the schedule of values as approved in terms of subrule ; or as required at any time by any owner in terms of subrule ; any "average" clause is restricted in its effect to individual units and does not average the building as a whole There is included a clause in terms of which the policy is valid and enforceable by any mortgagee against the insurer, notwithstanding any circumstances whatsoever which would otherwise entitle the insurer to refuse to make payment of the amount unless and until the insurer on not less than one month's notice to the mortgagees, shall have terminated such insurance Before every annual general meeting, the trustees shall cause to be prepared schedules reflecting their estimate of: the replacement value of the buildings and all improvements to the common property; and the replacement value of each unit (excluding the owner's interest in the land), the aggregate of such values of all units being equal to the value referred to in above; and such schedules shall be laid before the annual general meeting for consideration and approval in terms of rule Any owner may at any time require the trustees to specify in the insurance policy a higher replacement value in respect of his unit (excluding his interest the in the land). ln such event, the total premium for which each owner is liable shall be calculated and adjusted in terms of rule 31 whenever the specified value of his Unit is altered. Bishops Gate Rules Page 9

10 The trustees shall, on the written request of a mortgagee and satisfactory proof thereof, record the cession by any owner to such mortgagee of the owner's interest in the application of the proceeds of the policies of insurance effected in terms of rule At the first meeting of the trustees or so soon thereafter as is possible, the trustees shall take steps to insure the owners and the trustees and to keep them insured against liability in respect of: death, bodily injury or illness; or loss of, or damage to, property; occurring in connection with the sections or the common property for a sum of liability of not less than one hundred thousand rand, which sum may be increased from time to time as directed by the owners in general meeting; and to procure a fidelity guarantee in terms of which misfeasance or defalcations on the part of any one or more of the trustees, agents or employees, in performing their duties or exercising their powers. will be made good up to a total sum of liability of not less than R5 000,00 (FIVE THOUSAND RAND) which sum may be increased from time to time as directed by the owners in general meeting The owners may by special resolution direct the trustees to insure against such other risks as the owners may determine. Contributions and Liability in terms of Sections 30 (1) and 35 of the Act 30. lt shall be the duty of the trustees to levy and collect contributions from the owners in accordance with the provisions and in the proportions set forth in rule 31.1 The liability of owners to make contributions, and the proportions in which the owners shall make contributions for the purposes of section 30 ( 1) of the Act or may in terms of section 35 of the Act be held liable for the payment of a judgment debt of the body corporate, shall be as follows : ln respect of premiums on policies of insurance effected by the body corporate in terms of rule the owner of each unit shall be liable for: an amount equal to the replacement value of the unit as specified in the insurance policy multiplied by the relevant insurance premium rate, and any premiums payable by the body corporate during the course of the year as a result of the replacement value of the unit being varied in terms of rule ; All expenses other than those referred to in shall be borne by the owners in accordance with the participation quota of the respective sections At every annual general meeting the body corporate shall approve, with or without amendment, the estimate of income and expenditure referred to in rule 36 and shall determine the amount estimated to be required to be levied upon the owners during the ensuing financial year Within fourteen days after each annual general meeting the trustees shall determine the amount payable by each owner in accordance with his participation quota, save as is otherwise provided in terms of rule 31.1, and shall forthwith advise each owner in writing of the amount payable. Such amount shall thereupon become payable in monthly or quarterly instalments as the trustees may determine, the first such instalment being payable on the first day of the month following such notification. Bishops Gate Rules Page 10

11 Record of Rules and their Availability 32.1 The trustees shall keep a complete record of all rules and house rules in force from time to time The trustees shall on the application of: an owner of a unit, an occupant of a unit the prospective purchaser of a unit, the holder of any registered sectional mortgage bond, the managing agent, and the auditor supply to such persons a copy of all rules and house rules in force and may require them to pay a reasonable charge therefor. Electricity, Water and Gas 33.1 The trustees may, and shall if so required in writing by the majority of owners, procure the installation and maintenance in good working order, at the body corporate's cost, of separate meters to record the consumption of electricity, water and gas in respect of each individual section and the common property If and for so long as no separate meters have been installed in terms of subrule 33.1 the contribution payable by each owner in respect of electricity, water and gas shall be calculated in accordance with the provisions of Rule 31. Minutes 34.1 The trustees shall : Keep minutes of their proceedings; Cause minutes to be kept of all meetings of the body corporate in a minute book of the body corporate kept for that purpose; Include in the minute book of the body corporate a record of every unanimous resolution, special resolution and any other resolution of the body corporate The Trustees shall keep all minute books in perpetuity On the written application of any owner or registered mortgagee of a unit, the trustees shall make all minutes available for inspection by such owner or mortgagee. Books of Account 35.1 The Trustees shall cause proper books of account and records to be kept so as fairly to explain the transactions and financial position of the body corporate, including: a record of the assets and liabilities of the body corporate, and Bishops Gate Rules Page 11

12 a record of all sums of money received and expended by the body corporate and the matters in respect of which such receipt and expenditure occur a register of owners and of registered mortgagees of units and of all other persons - having real rights in such units showing in each case their address individual ledger accounts in respect of each owner The trustees shall cause all books of account and records to be retained after completion of the transactions, acts or operations to which they relate. Annual Financial Estimate, Financial Statement and Report 36.1 Before every annual general meeting, the trustees shall cause to be prepared an itemised estimate of the anticipated income and expenses of the body corporate during the ensuing financial year, which estimate shall be laid before the annual general meeting for consideration in terms of rule 57 hereof The estimate of expenses referred to in rule 36.1 may include a reasonable provision for contingencies. 37. The trustees shall cause to be prepared, and shall lay before every annual general meeting, for consideration in terms of rule 57.2 an audited financial statement in conformity with generally accepted accounting practice, which statement shall fairly present the state of affairs of the body corporate and its finances and transactions as at the end of the financial year concerned. 38. The trustees shall further cause to be prepared and shall lay before every annual general meeting a report signed by the chairman reviewing the affairs of the body corporate during the past year, for consideration in terms of rule The trustees shall cause copies of the schedules, estimate, audited statement and report, referred to in rules , 36, 37 and 38 to be delivered to each owner at least fourteen days before the date of the annual general meeting at which they are to be considered Delivery under the last preceding subrule shall be deemed to have been effected if the documents referred to are sent by prepaid registered post as a letter properly addressed to the owner at his domicilium referred to in rule At every annual general meeting the body corporate shall appoint an auditor to hold office from the conclusion of that meeting until the conclusion of the next annual general meeting. Deposit and Investment of Funds 41. The Trustees shall cause all moneys received by the body corporate to be deposited to the credit of a bank account with a registered commercial bank in the name of the body corporate I and, subject to any direction given or restriction imposed at a general meeting of the body corporate. Such moneys shall only withdrawn for the purpose of payment of the expenses of the body corporate and investment in terms of rule The trustees may authorise the managing agent to administer and operate the account referred to in rule 41 and 43. Bishops Gate Rules Page 12

13 43. Any funds not immediately required for disbursement, may be invested in a current or call account with a bank or building society. 44. Interest on moneys invested shall be used solely towards payment of the expenses of the body corporate or to provide for contingencies or to accumulate o reserve for future capital expenditure. No Refunds or Distribution of Profits or Assets 45.1 The owners shall not be entitled to a refund of contributions lawfully levied upon them and duly paid by them No portion of the profits or gains of the body corporate shall be distributed to any owner or any other person. THE APPOINTMENT, POWERS AND DUTIES OF A MANAGING AGENT 46.1 Notwithstanding anything to the contrary contained in rule 28, the trustees may from time to time, and shall if required by a registered mortgagee of a Unit or by the members of the body corporate in a general meeting, appoint a managing agent to control, manage and administer the common property and to exercise such powers and duties as may be entrusted to the managing agent, including the power to collect contributions levied and the power to appoint a supervisor, superintendent or caretaker The trustees shall ensure that there is included in the contract of appointment of all managing agents a provision to the effect that if he is in breach of any of the provisions of his contract, or if he is guilty of conduct which at common law would justify the termination of a contract between master and servant, the trustees may, without notice, cancel such contract of appointment and that the managing agent shall have no claim whatsoever against the body corporate or any of the owners as a result of such cancellation Any one or more of the owners of sections in the buildings may, if the managing agent is in breach of the provisions of his contract or if he is guilty of any conduct which at common law would justify the termination of a contract between master and servant, require the trustees to cancel the managing agent's contract in terms of the provisions referred to in The appointment of a managing agent shall be revoked and such managing agent shall cease to hold office if: 47.1 Where the managing agent is a company, an order is made for its provisional or final liquidation, or, where the managing agent is a natural person, he surrenders his estate as insolvent or his estate is sequestrated, or 47.2 The Managing agent is convicted of an offence involving fraud or dishonesty; or, where the Managing agent is a company, any of its Directors is convicted of an offence involving fraud or dishonesty, or 47.3 A special resolution of the members of the body corporate is passed to that effect; provided that in such event the managing agent so removed from office shall not be deprived of any right he may have to claim compensation or damages for breach of contract. Bishops Gate Rules Page 13

14 48. The managing agent shall keep full records of his administration and shall report to the body corporate and to all holders of registered sectional mortgage bonds all matters which in his opinion detrimentally affect the value or amenity of the common property and any of the sections The trustees shall give reasonable prior notice to the managing agent of all meetings of the trustees and the managing agent shall be entitled to be present thereat The trustees shall from time to time furnish to the managing agent and any registered first mortgagee of 25 /o or more of the units copies of the minutes of all meetings of the trustees and of the body corporate. 50. Subject to the provisions of rule 47, and with effect from the date when these rules come into force Messrs. H. Weinberg and Company (Pty) Limited is hereby appointed as the first Managing Agent to act in accordance with these rules at a remuneration to be determined between the trustees and managing agent, which appointment shall continue for an indefinite period subject to 3 (THREE) months notice being given by either party to the other to terminate - such appointment. MEETINGS OF OWNERS General Meetings When to be held 51. The first annual general meeting of owners shall be held within three months of the date on which the body corporate comes into being as contemplated in section 28 (1) of the Act. 52. Subsequent general meetings shall be held once in every year; Provided that not more than fifteen months shall elapse between the date of one annual general meeting and that of the next. 53. All general meetings other than the annual general meeting shall be called extraordinary general meetings. 54. The trustees may whenever they think fit, and shall, upon a request in writing made by owners entitled to twenty-five percentum (25%) of the total of the quotas of all the sections, convene an extraordinary general meeting. If the trustees fail to call a meeting so requested within 14 (FOURTEEN) days of the request, the owners concerned shall be entitled themselves to call the meeting. Notice of General Meetings 55.1 At least fourteen days notice of every general meeting specifying the place, within a radius of 25 kilometres from the building the date and the hour of the meeting and, in the case of special business, the general nature of such business shall be given: to all owners; to all holders of registered sectional mortgage bonds who have advised the body corporate of their interests, and to the managing agent. Bishops Gate Rules Page 14

15 55.2 The holders of registered sectional mortgage bonds and the managing agent referred to in rule 55.1 shall have the right to attend the meetings herein referred to and to speak at such meetings, but shall not, in their respective capacities as such, be entitled to vote thereat The notice referred to in rule shall be deemed to have been sufficiently given and delivered if delivered in accordance with rule The notice referred to in rule 55.1 shall be accompanied by the documents referred to in rule Inadvertent omission to give the notice referred to in rule hereof to any person entitled to such notice or the non-receipt of such notice by such person shall not invalidate any proceedings at any such meeting A general meeting of the body corporate may be called on shorter notice than that specified in rule 55.1 hereof, provided it is so agreed by all persons entitled to attend. Proceedings at General Meetings Ordinary and Special Business Ordinary and Special Business 56. All business at any general meeting other than business referred to in rule 57.1, 57.2, 57. 3, 57.4 and 57.5 shall be special business. Annual General Meeting 57. The following business shall be transacted at an annual general meeting: 57.1 the election of trustees; 57.2 the consideration of the financial statement and report referred to in rules 37 and 38; 57.3 the approval with or without amendment of: The schedules of replacement values referred to in rule ; and the estimate of income and expenditure referred to in rule 36; 57.4 the appointment of an Auditor; 57.5 the fixing of the remuneration of the auditor, or the determination of the manner in which that remuneration is to be fixed; 57.6 any special business of which due notice has been given in terms of rule 55. Quorum 58.1 No business shall be transacted at any general meeting unless a quorum of persons is present in person or by proxy at the time when the meeting proceeds to business A quorum at a general meeting shall be one half of the number of owners present in person or by proxy and entitled to vote. 59. If within half an hour from the time appointed for a general meeting a quorum is not present, the meeting shall stand adjourned to the same day in the next week at the same place and time, and if at the adjourned meeting a quorum is not present within half an hour of the time appointed for the meeting, the owners present in person or by proxy and entitled to vote shall be a quorum. Bishops Gate Rules Page 15

16 Chairman 60.1 The chairman, if any, of the trustees shall preside as chairman at every general meeting of the body corporate, unless otherwise resolved by members of the body corporate at such meeting If there is no such chairman, or if at any meeting the chairman of the trustees is not present within fifteen minutes after the time appointed for the holding of the meeting, or if he is unwilling to act as chairman, the members present shall elect one of their number to be chairman. Polls 61.1 At any general meeting a resolution put to the vote of the meeting shall be decided on a show of hands unless, either prior to or on the declaration by the chairman of the result of the show of hands, a poll is demanded by any persons entitled to vote at such meeting Unless a poll be so demanded a declaration by the chairman that a resolution has on the show of hands been carried shall be conclusive evidence of that fact without proof of the number or proportion of votes recorded in favour of or against such resolution A demand for a poll may be withdrawn. 62. A poll, if demanded, shall be taken in such manner as the chairman thinks fit, and the result of the poll shall be deemed to be the resolution of the meeting at which such poll was demanded. Votes 63. On a show of hands the owner or owners of a section, or if the owner is a juristic person, its proxy shall have one vote. 64. For the purposes of a special resolution (with or without a poll) or on a poll, the value of the vote of the owner or owners of a section shall be in accordance with the participation quota of his or their section. No Vote in Certain Circumstances 65. Except in cases where a special resolution or a unanimous resolution is required under the Act, an owner shall not be entitled to vote at any general meeting if: 65.1 Any contributions payable by him in respect of his section and his undivided share in the common property have not been duty paid; or 65.2 He is in breach of any of the rules or any of the house rules referred to in rule after a written warning by the trustees to refrain from breaching such rule or house rule. Voting by Trustee for Beneficiary 66. Where an owner of a section is as such a trustee for a beneficiary, he shall exercise the voting rights in respect of the section to the exclusion of persons beneficially interested in the trust and such persons shall not be entitled to vote. Bishops Gate Rules Page 16

17 Joint Voters 67.1 When two or more persons are entitled to exercise one vote jointly, that vote shall be exercised only by a person (who may or may not be one of them) jointly appointed by them as their proxy Notwithstanding rule 67.1 where two or more persons are entitled to exercise one vote jointly, any one of them may demand a poll. Proxies 68.1 Votes at a general meeting may be cast either personally or by proxy, whether on a poll or on a show of hands An instrument appointing a proxy shall subject to the proviso hereto, be in writing under the hand of the appointer or his agent duly appointed in writing and shall be deposited at the domicilium of the body corporate not less than 48 hours before the time for the holding of the meeting at which the person named in the instrument proposes to vote, and in default of compliance herewith the instrument of proxy shall not be treated as valid; Provided that the aforegoing shall not apply in the case of any proxy created and contained in any registered mortgage bond if such mortgage bond is produced at the meeting A Proxy need not be an owner. DUTIES OF OWNERS AND OCCUPIERS OF SECTIONS. Statutory and General 69. ln addition to his obligations in terms of section 32 of the Act an owner: shall not use his section or permit it to be used in such a manner or for such purpose as shall be injurious to the reputation of the building shall not contravene or permit the contravention of any law, by-law, ordinance, proclamation, statutory regulation or the conditions of any licence relating to or affecting the occupation of the building or the carrying on of business in the building or the conditions of title applicable to his section or any other section shall not make alterations to his section which are likely to impair the stability of the building or the amenity of other sections or the common property 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 once in every calendar year 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 and of eradicating any such pests as may be found within the section shall be paid for from the amounts levied in terms of rules 30 and 31. ln the event of it being found necessary to replace any woodwork or other material forming part of such section which may be damaged by any such pests the cost of such replacement shall be borne by the owner of the section concerned. Binding Nature 70. The provisions of the rules and of the house rules and the duties of the owner in relation to the use and occupation of sections and common property shall be binding on the owner of any section, and any lessee or other occupant of any section, and it shall be the duty of the owner to ensure compliance with the rules by any lessee or occupant, including servants, guests and any member of the family of any owner, lessee or occupant. Bishops Gate Rules Page 17

18 Owner's Failure to Maintain 71 If an owner: fails to repair or maintain his section in a state of good repair as required by section 12 (1) of the Act; or the fails to maintain any area of the common property allocated for his exclusive use and enjoyment in accordance with the provisions of the Schedule 2 Rules; and such failure persists for a period of one month after the giving of written notice to repair or maintain given by the trustees or the managing agent, the body corporate shall be entitled to remedy the owner's failure and to recover the reasonable cost of doing so from such owner. PARKING BAYS I GARAGES 72.1 Notwithstanding the fact that the parking bays I garages, more fully described below. are, in terms of the sectional plan relating to the sectional title scheme as filed with the Rand Townships Registrar part of the common property, the owner of each unit comprised in the scheme shall, subject to the provisions hereof be entitled to the exclusive use, occupation and enjoyment, to the exclusion of the rights of all other owners and all other persons, of a parking bay I garage as reflected in the plan annexed hereto and numbered with a number corresponding to the number of the section to be used by him for the parking of motor vehicle/s The body corporate shall take all steps in its power to ensure that the parking bays I garages shall be reserved for the exclusive use of the owners entitled to such use in terms of rule An owner shall be obliged to maintain the parking bay I garage of which he has the exclusive use as if it were part of his section and shall be obliged to take all reasonable and necessary steps to keep it in a clean, hygienic, neat and attractive condition An owner shall not use his parking bay I garage or permit it to be used in such a manner or for such purposes as are likely to impair the safety, appearance or amenity of other sections or other parts of the common property Notwithstanding the provisions of rule 72.1 above each owner shall permit the body corporate and I or other persons access to his parking bay I garage for any purpose reasonably required for the maintenance of the common property. Each owner shall also allow the body corporate access to and across his parking bay I garage: for any purpose reasonably required for the maintenance of the common property; and for the purpose of implementing the provisions of rule 71 should the body corporate so require. 73. Save where the Unit concerned is let, owners may not let parking bays I garages allocated to them in terms of rule 72 without the written consent of the trustees. EXPROPRIATION 74.1 If at any time the whole or any part of or any rights in the common property are expropriated, each of the owners shall be deemed to have appointed the trustees as his duly authorised agents and representatives: Bishops Gate Rules Page 18

19 to negotiate and settle the compensation payable to him and to that end, to employ attorneys, advocates and experts; and on his behalf to receive and give valid acquittance for any compensation moneys paid Any compensation moneys received by the trustee's on behalf of the owners in terms of rule 74.1 shall be paid to the owners in accordance with their participation quotas unless any owner notifies the trustees before such moneys are so distributed that he considers such a distribution would be inequitable in which event they shall be distributed either : in accordance with a scheme approved by unanimous resolution; or in accordance with a scheme approved by the arbitrator For the purpose of this rule, the "Arbitrator'' means a practising senior advocate at the Johannesburg Bar who is nominated by the trustees. The trustees shall be obliged to nominate the Arbitrator within three weeks of being called upon to do so by any owner If the whole or any part of or any rights in the common property are expropriated, any owner may refer the formulation of a scheme as contemplated in rule 74.2 to arbitration in terms of the Arbitration Act, subject to the provisions of this Rule ln formulating a scheme as contemplated in rule 74.2 the owners and the arbitrator shall have due regard to the quantum of damages suffered by each owner as a result of the expropriation and if the exclusive rights of any particular owner or owners to use the common property have been effected by the expropriation the scheme should, if reasonably practicable, provide for the allocation to such owner or owners of the exclusive use of another part of the common property Bishops Gate Rules Page 19

20 Section 2 Rules for the Control and Management Of the Building Known as Bishops Gate SCHEDULE 2 Bishops Gate Rules Page 20

21 I certify that these are the rules for inclusion in Schedule 2 (Section 27 (2) (a) (ii)) which were duly submitted to an extraordinary general meeting of the body corporate known as the "Controlling Body of BISHOPS GATE No. 7/1979 held on the 16th day of October, 1979 and adopted by a special resolution of the members thereof in substitution for the rules contained in Schedule 2 as submitted to the Rand Townships Registrar in terms of Section 5(3)(f) of the Sectional Titles Act, No. 66 of Bishops Gate Rules Page 21 CHAIRMAN-OF-THE-MEETING B WEINBERG Date: 16th October, 1979 RULES FOR THE CONTROL AND MANAGEMENT OF THE BUILDING KNOWN AS BISHOPS GATE AND OF ERF 428 IN THE TOWNSHIP OF VICTORY PARK EXTENSION 20 REGISTRATION DIVISION l.r., TRANSVAAL ON WHICH THE BUILDING IS SITUATED SCHEDULE 2 (Section 27 (2) (a) (ii) of the Sectional Titles Act, 1971) 1. The rules contained in this schedule shall not be added to, amended or repealed except in accordance with section 27 (2) (a) (ii) of the Sectional Titles Act. 1971, and subject to the 1. provisions of section 27 (2) (c) of the Act. 2.1 ln these rules. unless inconsistent with the context:- "owner" "building" "section" means the registered owner of a Section in the building and shall include such owner, members of his family, his servants, employees, guests, invitees. and tenants for all of whom he shall be responsible; means the building known as BISHOPS GATE means the Section forming part of the Unit registered in the owner's name and the parking bay I garage of which he has the exclusive use; - and, save as provided above, words and phrases defined in the Act shall have the meanings assigned to them in the Act. 2.2 ln the event of any dispute as to the interpretation of these rules, the enforcement hereof or any breach hereof, the decision of the majority of the trustees shall be final and binding on all parties concerned in such dispute. 3. The body corporate or the trustees may in special circumstances grant a relaxation of these rules in writing and signed by the Chairman, which relaxation shall be subject to such conditions as may be imposed therein for such period as may be stipulated therein and which shall be subject to withdrawal at any time by the Body Corporate or the trustees in its or their discretion without ascribing any reason therefor. 4. These rules shall be binding on the individual owners of sections in the building inter se, and shall also bind the Body Corporate on the one hand and all such owners on the other. ln the event of a failure by the body corporate or the trustees to enforce any of these rules, to take steps in regard to any breach hereof or as a.1 result of any delay in its or their so doing, an owner shall be entitled to take all necessary steps to enforce these rules against any other owner. 5. If, as a result of a breach by an owner of these rules or any other obligation of the owner, the body corporate or the trustees instructs a firm of attorneys, the defaulting owner shall be liable for all costs and charges of whatsoever nature on an attorney and client scale incurred by the body corporate or the trustees as a result thereof.

22 6. An owner shall at all times and to the satisfaction of the trustees, whose decision shall be final and binding:- 6.1 comply with all rules, regulations and directions imposed by the body corporate or the.- trustees from time to time and which the body corporate or the trustees may consider to be reasonably necessary for the enforcement of these rules, or the control, management and administration of the common property and the buildings; 6.2 at all times maintain his section in good, clean, sanitary and habitable order and condition, and shall be responsible for all interior painting, maintenance inclusive of blockage of sewers and sanitary equipment and connections and repairs of whatsoever nature. If a blockage in any sewerage or plumbing pipe occurs and the responsibility therefor cannot be allocated to any particular owner, the cost of removing same shall be borne by the body corporate; all plumbing and electrical work in and any alterations or additions to, any section shall be effected only by suitably qualified and, where applicable, licensed or registered workmen and contractors; 6.3 Use his section for residential purposes only and for no other purpose whatsoever. A Section shall only be used and occupied personally by the owner thereof or his lawful tenant and members of his/such tenant's immediate family. No auction, or similar sales or exhibitions shall be held in a section, nor shall same be used for any professional or business purpose whatsoever. 7. To the satisfaction of the trustees, whose decision shall be final and binding, an owner shall not at any time:- 7.1 use his section or permit it to be used in such manner or for such purpose as shall cause or tend to cause a nuisance, disturbance or annoyance to any other occupier or owner of a section in the building, or cause or permit any disorderly conduct of whatsoever nature in his section or on the common property, or do or permit or omit to do any act, matter or thing in or about the same which may cause or tend to cause a nuisance or inconvenience; 7.2 do anything such as will or may cause any machine or object provided for use in common by some or all owners to be damaged or rendered faulty or unclean. No common washing machine, drier, garbage or rubbish disposal unit or like object or structure shall be operated or permitted to be operated by any person under the age of 16 years; 7.3 cause or allow any boxroom, storeroom meter room laundry or like room used in common, to become untidy or unclean or to be left unlocked unless there shall be no adequate provision for this latter purpose; 7.4 do anything which may cause or allow any plants, creepers, shrubs, trees, grass, flowers or other improvements in or about the building to become- damaged, lopped, destroyed or - removed; 7.5 install (in individual radio or television aerial or antenna in or about his section if same shall be visible from the exterior thereof, but the body corporate shall if so resolved by majority vote ensure the provision of a common television aerial serving all sections; 7.6 make any alterations to or repaint the exterior of his section or the common walls, concrete slabs or roof thereof, or any portion of his section which is visible from the exterior thereof; 7.7 use his section or permit his section to be used for any purpose which is injurious to the reputation of the building, or cause, create, permit or allow any noxious odour to emanate from his section or any portion of the common property; Bishops Gate Rules Page 22

23 7. 8 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 or any other owner of a section on any insurance policy or which will or may result in the incurring of any expenditure by the body corporate or such other owner attributable to his act or default; 7.9 use or permit his section or any of the common property to be used, whether personally or by any person or persons under his control or for whom he might reasonably be responsible, for any purpose which is or may be or become: injurious to the reputation of the building or any other owner of a section thereof or occupier therein; illegal or immoral; dirty, unclean or other than of a high standard of cleanliness and order; a breach of any law, by-law, ordinance, rule or regulation; a nuisance or annoyance to adjoining or neighbouring owners or occupiers of the building from any cause whatsoever; 7.10 cause or allow any undue or excessive noise from radios, television sets, musical instruments, or the like, or any other similar cause; 7.11 himself or allow persons under his contro1. or for whom he might be reasonably responsible, to throw or permit to be thrown rubbish, refuse or other matter, or liquid or substance out of windows or doors of his section, or generally upon the common property; 7.12 use a parking bay / garage otherwise than for the parking of a motor car, station wagon, combi, bicycle or scooter; 7.13 erect a sign or other structure, design or thing on the exterior of his section or the building, or which may be visible from the outside of the building; 7.14 effect or cause to be effected any alterations or additions to the electrical installation or conduits, the water connections or the plumbing installations, nor any structural alteration whatsoever to his section, save with the prior written consent of the trustees under signature of the chairman, which may not be unreasonably withheld. Such consent may be given subject to reasonable terms and conditions contained therein; 7.15 interfere with the rights of other occupants of the buildings or purchasers of units to use the common property either exclusively or with others. 8. ln 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 bowl of the creeper or plant is situate, shall be responsible therefor. Should such creeper or plant grow onto an adjoining section, the owner shall be obliged, if called upon by the trustees in writing under signature of the Chairman, either to control the creeper to the satisfaction of the adjoining owner or to remove it altogether. No creeper shall be allowed to grow in such manner as to cause or tend to cause any damage to the building or the external timberwork thereof. 9. No duty shall be placed on any owner in regard to the provision of any improvement on or to the common property unless a proposal to make such improvement has been approved by a special resolution at a general meeting of owners of sections. Bishops Gate Rules Page 23

24 Section 3 House Rules for Bishops Gate Bishops Gate Rules Page 24

25 1. Article 7 of the Schedule 2 rules are repeated below and incorporated in the House Rules below:- 7. To the satisfaction of the trustees, whose decision shall be final and binding, an owner shall not at any time: 7.1 use his section or permit it to be used in such manner or for such purpose as shall cause or tend to cause a nuisance, disturbance or annoyance to any other occupier or owner of a section 'in the building, or cause or permit any disorderly conduct of whatsoever nature in his section or on the common property, or do or permit or omit to do any act, matter or thing in or about the same which ray cause or tend to cause a nuisance or inconvenience; 7.2 do anything such as will or may cause any machine or object provided for use in common by some or all owners to be damaged or rendered faulty or unclean. No common washing machine, drier, garbage or rubbish disposal unit or like object or structure shall be operated or permitted to be operated by any person under the age of 16 years; cause or allow any boxroom, storeroom meter room laundry or like room used in common, to become untidy or unclean or to be left unlocked unless there shall be no adequate provision for this latter purpose; do anything which may cause or allow any plants, creepers, shrubs, trees, grass, flowers or other improvements in or about the building to become damaged, lopped, destroyed or removed; 7.5 install an individual radio or television aerial or antenna in or about his section if same shall be visible from the exterior thereof, but the body corporate shall if so resolved by majority vote ensure the provision of a common television aerial serving all sections; 7.6 make any alterations or repaint the exterior of his section or the common walls, concrete slabs or roof thereof, or any portion of his section which is visible from the exterior thereof; 7.7 use his section or permit his section to be used for any purpose which is injurious to the reputation of the building, or cause, create, permit or allow any noxious odour to emanate from his section or any portion of the common property; 7.8 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 or any other owner of a section on any insurance policy or which will or may result in the incurring of any expenditure by the Body Corporate or such other owner attributable to his act or default; 7.9 use or permit his section or any of the common property to be used, whether personally or by any person or persons under his control or for whom he might reasonably be responsible, for any purpose which is or may be or become: injurious to the reputation of the building or any other owner of a section thereof or occupier therein; illegal or immoral; dirty, unclean or other than of a high standard of cleanliness and order: a breach of any law, by-law, ordinance rule or regulation; Bishops Gate Rules Page 25

26 7.9.5 a nuisance or annoyance to adjoining or neighbouring owners or occupiers of the buìlding from any cause whatsoever; 7.10 cause or allow any undue or excessive noise from radios, television sets, musical instruments or the like, or any other similar cause; 7.11 himself or allow persons under his control or for whom he might be reasonably responsible, to throw or permit to be thrown rubbish, refuse or other matter, or liquid or substance out of windows or doors of his section, or generally upon the common property; 7.12 use a parking bay I garage otherwise than for the parking of a motor car, station wagon, combi, bicycle or scooter; 7.13 erect a sign or other structure, design or thing on the exterior of his section of the building, or which may be visible from the outside of the building; 7.14 effect or cause to be effected any alterations or additions to the electrical installation or conduits, the water connections or the plumbing installations, nor any structural alteration whatsoever to his section, save with the prior written consent of the trustees under signature of the chairman, which may not be unreasonably withheld. Such consent may be given subject to reasonable terms and conditions contained therein; 7.15 interfere with the-rights of other occupants of the buildings or purchasers of units to use the common property either exclusively or with others. 2. Save in yards, linen, clothing, washing, carpets and the like shall not be hung over balconies or walls or in view of the pub lie or other owners, 3. Gardens may not be walked through and steps and pathways should be adhered to. 4. Neither cars nor motor-cycles may be parked on lawns. Motor cycles, bicycles, skate-boards and rollerskates may not be ridden on any grassed area. 5. Motor cycles may not be ridden up and down the complex drive-ways except for genuine purposes of travel, i.e. fun rides on the complex are prohibited. 6. Littering is not allowed. 7. No owner or tenant shall allow more than one employee to occupy and sleep on his premises (the balance of this clause is inapplicable) 8. (this clause is inapplicable) 9. Dust bin areas shall be kept in a tidy, clean and hygienic condition. Bishops Gate Rules Page 26

27 10. Hooting and revving of cars and motor cycles on the complex is not permitted (save in the latter instance in genuine cases of engine trouble). 11. Dogs are not permitted on the common property, save on leash or under supervision and are not permitted to foul such common property. 12. Owners shall be obliged "to plant and maintain common area gardens immediately abutting the front wall of their Units. 13. These Rules shall apply equally to the household of an owner and the owner shall be obliged to ensure compliance by them with such Rules. 14. Each owner and tenant shall pay to the Trustees a deposit of R 100 as security for his or her consumption of electricity. Should any electricity account or a monthly levy remain unpaid for a period of 21 days from due date, then without prejudice to any other rights which the Corporate Body may have in law: 14.1 The electricity supply to the relevant Unit shall be cut off; 14.2 The relevant electricity deposit shall be increased to R150; 14.3 A deposit in an amount determined by the Trustees will become payable by the relevant owner or tenant in respect of his or her monthly levy. All deposits may in the discretion of the Trustees be applied to an electricity account or monthly levy but in such event the deposit shall immediately be reinstated by the relevant owner or tenant to the required amount. Bishops Gate Rules Page 27

28 Section 4 The Gates Rules for Bishops Gate Bishops Gate Rules Page 28

29 The Gates Recreational Facilities Limited RULES (Abbreviated) General Area No bicycles, skateboards, permitted l f ball games, etc. are permitted. The area shall be kept clean and tidy at all times Noise must be kept to acceptable levels so as not to interfere with the privacy of neighbouring residents Use of the area is restricted to between 08h00 and 18h00 during weekdays and 09h00 and 18h00 on Sundays and public holidays Non-residents must be accompanied by residents Activities for financial gain are not permitted Tennis Court Court to be used for the playing of tennis only Tennis shoes must be worn when using the court Service may not be practiced against the fence The net must be slackened after play is completed Pool Children who cannot swim are not permitted in the pool area Children under the age of 12 years must be supervised by responsible adults Running is not permitted in the pool area Urinating in the pool is not permitted No food, toys, bottles, or any other items which may cause injury or interfere with the filtration system are permitted in the pool area The use of the facilities is subject to the Rules of "The Gates" Use of these facilities is strictly at the user's own risk and the directors do not accept any liability whatsoever for loss or damage to property, or injuries sustained in the course of use of these facilities Board of Directors Bishops Gate Rules Page 29

30 The Gates Recreational Facilities Limited RULES (Abbreviated) CLUBHOUSE RULES Clubhouse is for use by residents and their accompanied guests only Clubhouse may not be used for financial gain Bookings should preferably be made at least 3 working days in advance Children (all ages) must be supervised by at least I one adult resident Any damage to the building, furniture or equipment will be for the account of the user(s) Clubhouse must be left in the same condition in which it was found before use No loud noise will be permitted after 21h00 during weekdays and Sundays, or after midnight on Fridays and Saturdays Towels, soap and toilet paper for the toilet, will be supplied by ''The Gates'' Clubhouse and toilet will be cleaned by ''The Gates'' staff on alternate Mondays only Braai's are not allowed on the paved section outside the clubhouse Use of the pool after dark is not permitted during parties Official Bishopsgate, Queensgate and "The Gates" meetings will have preferential use of the clubhouse Bookings can be made on weekdays after 18h00 with Sandy Visser - Secretary of "The Gates'' (Tel / Unit 42 Queensgate) Use of the clubhouse is strictly at the user's own risk and the directors do not accept any liability whatsoever for loss I or damage of property, or injuries sustained in the course of its use Board of Directors The Gates Recreational Facilities Ltd. Bishops Gate Rules Page 30

31 The Gates The Gates Recreational Facilities Ltd, Registration Nr 1975/001830/09 Conduct Rules IMPORTANT: Please pass on your keys and Conduct Rules to your tenants or new owners if you sell or rent your section!!!!!!! Bishops Gate Rules Page 31

32 INTRODUCTION: "The Gates" is a Section 22 Company, Not for Profit. "The Gates" is managed by four directors, two from Bishops Gate and two from Queens Gate. Each owner of a section in Bishops Gate and Queens Gate automatically has a share in "The Gates". This "share" cannot be traded or sold. "The Gates" is financed by Bishops Gate and Queens Gate based on the number of sections ín each complex. Bishops Gate - 24 sections (54, 5%) and Queens Gate - 20 sections (45,5%). "The Gates" has an annual expense budget, which is approved by shareholders, at its Annual General Meeting. Bishops Gate and Queens Gate make a predetermined monthly contribution to "The Gates" expenses, which is approved at their respective Annual General Meetings. "The Gates" may not be used in any manner whatsoever for personal gain and the pool and tennis court may not be used by professional coaches who charge a fee for their services. "The Gates" recreational facilities are for use by owners and residents of Bishops Gate and Queens Gate and their accompanied guests only! RULES: A. General: 1. Visitors to The Gates recreational area may not use the clubhouse, swimming pool or tennis court unless they are guests of a member, and then only if they are accompanied by such member. Such guests should be limited to a reasonable number, failing which specific limits will be imposed. 2. Persons using the recreational area must ensure that all access gates are closed and locked at all times when entering or exiting the area. 3. Bicycles, motorcycles, skate boards and the like are not permitted in the recreation area or on the grass around the tennis court and swimming pool at any time. 4. Littering is not allowed. 5. Dogs are not permitted in the recreational area. 6. No flowers may be picked or plants removed from the recreation area. Bishops Gate Rules Page 32

33 B. Clubhouse: 7. Use of the area is restricted to between 08h00 and 18h00 during week days and 09h00 and 18h00 during weekends and public holidays. 8. No person may use the recreational area or permit it to be used in such a manner or for such purpose as shall cause or tend to cause a nuisance, disturbance or annoyance to any other user, occupier or owner of a section of the buildings of Bishops Gate or Queens Gate, or cause or permit any disorderly conduct of whatsoever nature in the recreation area, or do or permit or omit to do any act, matter or thing or which may cause or tend to cause any nuisance or inconvenience. 9. No person may cause or allow any undue or excessive noise in the recreation area, and it would be appreciated if, during the hours of 14hoo and 15h00 on a Sunday, the noise be kept to an absolute minimum. 10. The clubhouse shall not be used for social occasions (i.e. Parties, social functions, braais and the like) without the prior consent of the Board of Directors, which consent shall not be unreasonably withheld. 11. Bookings for the clubhouse must be made with the Secretary or one of the Directors at least one week prior to its intended use. 12. The keys to the clubhouse may be obtained from the Secretary and must be returned on the day following the use of the clubhouse. 13. A key register will be kept and this has to be signed by the relevant member when collecting and returning the keys. 14. The clubhouse may only be used under the constant supervision of an adult member. 15. The clubhouse may be used between the hours of 8h00 and 18h00 on Mondays to Thursdays and between the hours of 08h00 and midnight on Fridays and Saturdays. 16. Excessive noise is not permitted after 22h00 on Fridays and Saturdays. 17. The clubhouse must be left in the condition in which it is found and all refuse must be deposited in the bin provided outside the clubhouse. 18. Any damage to the clubhouse or its contents will be repaired at the expense of the member during whose use the damage occurred. Bishops Gate Rules Page 33

34 C. Pool 19. Children who cannot swim are not permitted in the pool area. 20. Children under the age of 12 years, must be supervised by a responsible adult, who can swim. 21. Diving or urinating in the pool, running in the pool area and any other dangerous or irresponsible behaviour is not permitted. 22. No food, toys, bottles or any other items, which may cause injury or interfere with the pool filtration system are permitted in the pool area. 23. The pool gate must be kept locked at all times. C. Tennis Court: 24. The tennis court may be used for the playing of tennis only. 25. Tennis shoes must be worn when using the court. 26. Service may not be practised against the fence. 27. The net must be slackened after play! 28. No persons not actually playing tennis, are allowed on the court. 29. Where a game of tennis is in progress, and others are waiting to play, the set in progress shall be completed and the waiting players allowed to come onto the court in order of waiting. While players are waiting, only one set should be played at a time, thus affording all an opportunity to play on a rotation basis. 30. No food or drinks may be brought onto the tennis court. 31. Children, under the age of 12 years, must be supervised by a responsible adult when using the court. 32. The tennis court gate must be locked after use. Keys: Keys for the pool and the tennis court have been supplied to all residents. Additionally Bishopsgate residents have been supplied with keys for the two Steve St access gates. Use of The Gates Recreational Facilities is strictly at the user's own risk and the Directors do not accept any liability or responsibility whatsoever for loss, damage to property, or injuries sustained in the course of use of these facilities. The Board of Directors. The Gates Recreational Facilities Ltd. Bishops Gate Rules Page 34

35 Section 5 Site Plans for Bishops Gate The current copies of the site plans are of poor quality. Only general layouts of the site have been included. The registered participation quotas have been included. Bishops Gate Rules Page 35

36 Bishops Gate Rules Page 36