WATERBROOK BODY CORPORATE SECTIONAL TITLE ACT NO 95 OF 1986 CONDUCT RULES (Section 35(2)(b) of the Sectional Title Act, 1986 and expansions thereto by the Trustees of the Body Corporate of Waterbrook) DEFINITIONS General Words signifying the singular shall include the plural and vice versa and words importing one gender shall include the other. Resident Includes the owners, of the units who are also responsible for their families, tenants, domestic employees, invitees, etc. that may be in the complex. Trustees The Board of Trustees as contemplated in the Sectional Title Act. Body Corporate The Body Corporate as contemplated in the Sectional Title Act. Employees of the Body Corporate Persons appointed by the Trustees to supervise and to manage the complex on a day-to-day basis. Managing Agent The Managing Agent as appointed by the Body Corporate to administer its affairs. Section The unit as registered. Exclusive Use Areas These portions of the common property which are shown on the plans as being intended for the exclusive use of the resident of that section. That is enclosed gardens on the ground floor units as well as allocated parking Carports. Complex Includes the building known as Waterbrook as well as all common property. Common Property The common property as shown on the Sectional Title Plans.
CONDUCT RULES You, the resident of Waterbrook, are a member of our community and have a responsibility towards your neighbours, the buildings and the equipment of the complex. Therefore you are asked to co-operate at all times and to promote good neighbourliness. 1. ANIMALS, REPTILES AND BIRDS 1.1. Residents of a section shall not, without the written consent, of the Trustees, which approval may not be unreasonably withheld, keep any animal, reptile or bird in a section or on the common property. 1.2. When granting such approval, the Trustees may prescribe any reasonable condition. 1.3. The Trustees may withdraw such approval in the event of any breach of any condition prescribed in terms of rule (2). 1.4. No dogs or cats will be allowed in the complex. 1.5. The residents shall be held responsible for any damage that may be incurred as a result of the conduct of any animals, reptiles and/or birds. Residents are also responsible for pet sanitation on the common area and their own section. 2. REFUGE DISPOSAL 2.1. Resident of a section shall place their refuse in the refuse bins provided. All refuse shall be placed in plastic bags. 2.2. All provisions regarding broken glass and other dangerous objects as set out by the Tshwane, Metropolitan Municipality must be adhered to when such objects are placed in refuse bins. 2.3. No refuse shall be deposited on the common property. 2.4. Residents shall leave no refuse or rubbish on the balconies, stoeps or in their exclusive use gardens. 2.5. Residents are obliged to clean up their rubbish in the common area. 2.6. Residents shall ensure that contractors and employees, doing repairs or improvements on their behalf do not deposit rubbish and refuse on the common property, but remove such rubbish and refuse from the premises. 2.7. Persons throwing rubbish on the common property or vicinity are subject to prosecution in terms of Municipal Health Regulations. Such transgressors shall be reported to the Trustees forthwith. 2.8. Kitchen refuse, food scraps, fats and oils and any other refuse shall not be washed down washing basins or thrown in down-pipes. Occupants are personally responsible for clearing blocked down-pipes within their sections. 3. VEHICLES 3.1. No resident shall park or stand any vehicle upon the common property, or permit or allow any vehicle to be parked or stood upon the common property, without the written consent of the Trustees. 3.2. The Trustees may cause to be removed or towed away, at the risk and expense of the owner of the vehicle, any vehicle parked and standing or abandoned on the common property, without the owner s consent.
3.3. Residents shall ensure that their vehicles and the vehicles of their visitors and guests do not drip oil or brake fluid on the common property or in any other way deface the common property. 3.4. The Trustees may at the expense of the transgressor, as envisaged in rule (19) above, repair such damages to the common property. 3.5. No residents shall be permitted to dismantle or affect major repairs to any vehicle on any portion of the common property or exclusive use area or in a section. 3.6. Residents shall ensure that their vehicles are parked in their allocated Carports at all times. Residents not utilising Carports, and subsequently utilising the common area for parking, may be requested by the Trustees to utilise their Carports. 3.7. Visitors or guests must find parking outside the complex if there is no vacant parking available on the common property parking spaces. 3.8. Vehicles may not be parked over areas demarcated by yellow lines or in front of fire hydrants or in such a way, that the parked vehicle obstructs entry and exit to Carports. These vehicles will be towed away at the owners risk and expense. 3.9. Parking is subject to the express condition that vehicles are parked at the owners risk and responsibility. 3.10. The speed limit on the terrain is 5 (five) km per hour. 4. DAMAGE, ALTERATIONS OR ADDITIONS TO THE COMMON PROPERTY 4.1. No resident shall mark, paint, drive nails or screws or alike into or otherwise damage or alter any part of the common property without first obtaining the written consent of the Trustees. 4.2. Not withstanding rule (28), a resident or person authorised by the resident, may install: (a) any locking device, safety gate, burglar bars or other safety device for the protection of the section; or (b) any screen or other device to prevent the entry of animals or insects: provided that the Trustees have first approved, in writing, the nature and design of the device and the manner of its installation. 4.3. These additions or alterations must fit into the existing colour scheme and design of our property and may not distract from the overall character of Waterbrook. 5. APPEARANCE FROM OUTSIDE 5.1. The resident of a section, used for residential purposes shall not place, or do anything on any part of the common property, including balconies, patios, stoeps and gardens which, in the discretion of the Trustees, is aesthetically displeasing or undesirable when viewed from the outside of the section. 5.2. No protruding air-conditioners or awnings may be installed without the written consent from the Trustees. Television aerials may be erected without written permission. 6. SIGNS AND NOTICES 6.1. No resident of a section, used for residential purposes, shall place any sign, notice, billboard or advertisement of any kind whatsoever on any part of the common property or any section, so as to be visible from outside the section without the written consent of the Trustees.
7. LITTERING 7.1. No resident of a section shall deposit, or permit or allow be depositing or throwing, on the common property any rubbish, including dirt, cigarette butts, food scraps or any other litter whatsoever. 8. LAUNDRY 8.1. No resident of a section shall, without the written consent of the Trustees, erect own washing lines nor hang any washing or laundry or any other items on any part of the building (especially balcony railings) or the common property so as to be visible from outside the buildings or from any other sections. 8.2. Drip dryers, manufactured for this exclusive purpose, may well be placed on balconies. 9. STORAGE OF INFLAMMATORY MATERIAL AND OTHER DANGEROUS ACTS 9.1. No resident shall 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. 9.2. The shooting of fireworks is totally prohibited on any property of the Waterbrook Complex. 10. LETTING OF UNITS 10.1. All tenants of units and other persons granted rights of occupancy by an 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 10.2. The onus lies with the owner of a section to ensure that a tenant or other person granted rights of occupancy shall: (a) (b) act strictly in accordance with the conduct rules; on occupation, be provided with the conduct rules and is duly informed of the contents of such conduct rules. 10.3. Not withstanding any other provisions contained in any lease or any grant of rights of occupancy, the owner of a unit shall ensure that a tenant or a person to whom any grant of right of occupancy has been granted is given one month's written notice to vacate the section in case of: both the owner and the tenant or person granted rights of occupancy, have received three written notices of the Trustees in connection with any transgression of any of the conduct rules. 11. ERADICATION OF PESTS 11.1. All residents shall keep their section free of white ants, borer and other wood destroying insects and to this end shall permit the Trustees, the managing agent and the duly authorised agents or employees to enter upon any 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 wood work or other material forming part of such section, which may be damaged by any such pests, shall be borne by the residents of the section concerned. 12. GARDENS 12.1. The Body Corporate shall maintain all common property gardens. 12.2. No plants or flowers may be removed from common property gardens.
12.3. The residents of ground level sections are responsible for gardens in their exclusive use areas, except lawns, which will be mowed on a weekly basis. Residents must provide access to the Gardener to mow the lawns. 12.4. Residents of ground level sections shall not plant trees too close to the perimeter or garden walls. Residents will be held responsible for any damages to walls or buildings resulting from trees planted. Cutting, trimming and removal of such trees are the sole responsibility of the resident. 13. BALCONIES 13.1. No resident of a section is permitted to make an open fire (wood or charcoal) on his balcony. 13.2. The residents of a section may only braai on balconies in the event that they make use of gas or electric braaiers. 14. DISTURBANCE OF PEACE 14.1. For the convenience of all residents the following rules shall be applicable: Weekdays: Silence from 22h00 to 06h00 Weekends Silence from 22h00 to 06h00 (07h00 on Sundays) 14.2. Notwithstanding that certain times are provided, residents are under an obligation to ensure that they do not disturb other residents and it remains their responsibility to take note of any complaints. 15. DOMESTIC EMPLOYEES 15.1. Residents must ensure that all domestic employees comply with the Conduct Rules. 15.2. No employees of residents may spend nights in any Carports or any part of the common area. 16. EMPLOYEES OF THE BODY CORPORATE 16.1. The Trustees may appoint a Caretaker, to control the day-to-day management of the complex. He/She supervises the activities of the Gardener. The Caretaker will be available from 08h00 to 17h00. 16.2. The Gardener has been appointed for a specific purpose and has not been appointed to act as a general handyman. The Gardener works normal office hours and can be contacted after hours for private activities. Compensation for private activities must be arranged between the residents and the Gardener. In the event that the Gardener is injured during activities of private work, any obligations towards such Gardener shall be transferred to the resident who had appointed him to perform private work. 17. LEVIES 17.1. In the event that a resident of a section falls in arrears with levies, the following procedures shall be applicable: An amount of R85.00 for administrative costs, together with 25% interest per year, monthly compounded, shall be levied on overdue accounts of R100.00 or more. 17.2. In the event that a resident of a section fails in arrears with account for the amount of R1 500.00 or more, the Managing Agent shall notify the Credit Bureau of such resident's name, for purposes of blacklisting. 17.3. In the event that rules (70) and (71) had already been applied, and the resident still fails to settle own levies, and arrears amounts keep mounting, the Body Corporate shall appoint their attorneys to make application for the sequestration of such resident.