1. CONDUCT RULES
From hereon the complex conduct rules are explained in detail. Conduct rules, for a community development such as ours, provide an acceptable code by which members may live together reasonably and harmoniously, without interfering with other’s enjoyment
The B.O.T.’s rules are included below and it is essential that every owner / tenant and member of the household reads, understands and abides by them.
Members are reminded it is their responsibility to ensure that all their invitees, guests and family members comply with all the rules.
While all the rules are important, attention is drawn to the following broad points, which require careful consideration.
a) Pets (Number of and roaming dogs, fouling of property)
b) Speed limit (10kmph)
c) Selling of property(Clearance from B.O.T. is required)
d) Nuisance to others
e) Use of common facilities
f) Washing (Not to be visible from roads)
g) Fireworks (Not allowed)
h) Business / Trading (Not allowed)
i) Levy Payments ( In advance by the 1st of the month)
j) Fines for non-compliance with the rules
1.1. SERVICES
1.1.1. GENERAL
Utility services are provided in good faith in the belief that they will be adequate. Every effort is made by the different authorities and departments to provide their services on a continuous basis. However, as with any house in any suburb in any town in the country, no guarantee is, nor can be given, that all services will operate fully 24 hours a day, year in and year out. Outages do occur and such temporary inconveniences do not empower members to reduce the required payments to the local authority nor to reduce levies to the B.O.T.
1.1.2. REFUSE
Each household will ensure that their “wheelybin” is placed in a suitable position, not visible from the street or to neighbours. Information on the specific days for refuse removal is available from the Chairperson.
1.1.2.1. An owner or tenant of a section shall:
a) Maintain in a hygienic and clean conditions, a receptacle for refuse inside the section
b) All “wheelybin’s” must be lined with a plastic bin liner
1.1.2.2. For the purpose of having the refuse removed, have the “wheelybin” placed in an accessible position so that it can be collected and taken to the collection point before the time of collection.
1.1.2.3. The collection and removal of refuse is under the control of the local authority and is carried out at a time prescribed by them.
1.1.2.4. Where refuse is of such a size or nature that it cannot be removed by the normal service, the owner shall make special arrangements with the local authority or a private contractor for the removal. All costs thereof shall be for the owner’s account.
1.1.2.5. The disposal of any domestic animals carcass shall be the responsibility of the owner through private arrangements with the local authority, and the costs thereof shall be for the owners account.
1.1.2.6. No domestic animal carcass may be buries on the complex property.
1.1.2.7. SLAUGHTERING, No Animal, bird or reptile may be slaughtered on complex property.
1.1.2.8. CURING OF MEAT, No meat, fish, skin or animal pelts may be hung to dry or cure within the complex boundaries.
1.2. SECURTIY
To be discussed with the B.O.T.
1.2.1. DOMESTIC WORKERS
No domestic worker will be allowed to reside in the complex in a garage or other form of shelter. Special arrangements for a domestic worker to sleep over will only be allowed if the domestic worker is allowed to sleep inside the unit of the employer.
1.3. ANIMALS, REPTILES AND BIRDS
1.3.1. Local authority bye-laws relating to pets must be complied with.
1.3.2. Prior to bringing a pet into the complex, and when a pet is replaced, the following conditions must be met:
a) Written permission must be obtained from the B.O.T. This permission will not be unreasonably withheld provided compliance with the rules is satisfied.
b) No more than TWO pets are permitted per household
c) Dogs must be small, of a breed which will not exceed 20kg when fully grown.
d) All bitches must be spayed and cats neutered. A veterinary certificate of compliance must be produced along with request for permission to keep the pet.
e) Each dog / cat must at all times wear a collar with a name tag indicating the owner’s name and contact number.
f) Caged birds will be allowed subject to not more than TWO birds per cage and a maximum of TWO portable cages. Aviaries are not permitted.
g) Pigeons, poultry, peacocks, wild animals, livestock, snakes and reptiles are not to be kept in the complex.
1.3.3. Dogs must be kept in an adequately contained area within the owner’s property and when outside the owner’s property must as all times be on a leash and under control of a responsible person. Dogs are not allowed to run loose in the complex. Stray pets without a name tag will be handed over to the SPCA or municipal Pound and any costs incurred will be for the owner’s account.
1.3.4. Fouling by pets on the common property must ne removed immediately by the owner.
1.3.5. Pets may not be allowed to be a nuisance or annoyance to other residents through barking, howling, meowing, squawking etc. And no pet may be left alone for extended periods of time.
1.3.6. Any animal, bird or reptile being in the complex in contravention of these rules shall be removed forthwith on notice from the B.O.T.
1.3.7. Pets may not be left unattended overnight in a residence. Suitable arrangements must be made for the care of the pet.
1.4. VEHICLES
The roads of the complex, in spite of being within the fence and appearing to be “private”, are in fact PUBLIC ROADS and therefore the Gauteng Road Traffic Act applies to them. The roads are for the use of all, whether on foot, skates, cycles or any other vehicles. This placed extra responsibility on all who use these roads, but in particular, on all adults, especially parents, to educate and control their children.
1.4.1. PARKING
a) Owners / Tenants must use their own garages and, if extra space is needed for visitors, arrange with neighbours.
b) No owner / tenant shall park or stand or allow any vehicle or trailer on the common property without the consent of the B.O.T.
c) Parking will only be permitted in designated parking areas.
1.4.2. TOW-AWAY
The B.O.T. may cause to be removed or towed away, at the risk and expense of the owner of any vehicle left standing or abandoned on the common property, unless written consent has been given by the B.O.T.
1.4.3. OIL LEAKS
All owners / tenants shall ensure that their vehicles and trailers and those of their guests do not drip oil or brake fluid onto common property or in any other way deface the common property. Fines will be imposed.(Repair cost for the offender)
1.4.4. LICENCE
No owner / tenant of a section shall be permitted to drive or allow to be driven any vehicle on the common property or in any exclusive use area without a valid driver’s licence for that vehicle.
1.4.5. SPEED
No owner / tenant / visitor shall be permitted to drive a vehicle as more than ten(10) kilometres per hour on any common property or in any exclusive use area.
1.4.6. DANGEROUS DRIVING
No owner / tenant / visitor shall drive or allow to be driven any vehicle on the common property or in exclusive use area in any manner that may be dangerous to either the driver or to anyone else on the property.
1.4.7. CARAVANS AND BOATS
No caravans or boats will be allowed to park on the complex property.
1.5. SKATEBOARDS AND ROLLER SKATES
Skaters are a matter of concern to drivers when encountered on roads. In the cause of safety, parents are obliged to instruct their children to stop skating and get off the road when a vehicle approaches.
1.6. DAMAGE< ALTERATIONS< ADDITIONS TO THE COMMON PROPERTY
1.6.1. DAMAGE
An owner / tenant of a section shall not mark, paint, drive nails or screws into or otherwise damage or alter any part of the common property, without first having obtained the written permission of the B.O.T.
1.6.2. SECURITY GATES
An owner or person authorised by the owner, provided that the B.O.T. have first approved in writing the nature, design and colour of the device and the manner of its installation, may install:
1.6.2.1. Any locking device, safety gate, burglar bars or other safety devices for the protection of the resident’s section
1.6.2.2. Any screen or other device to prevent the entry of animals or insects.
1.6.3. APPEARANCE FROM OUTSIDE
The owner / tenant of a section shall not place or do anything on any part of the common property, including patios, stoeps and fences, which in the discretion of the B.O.T. is aesthetically displeasing or undesirable when viewed from the outside of a section. Applications for any alteration must first be applied for from the B.O.T. Provisional approval will then be given. Approved plans will then be submitted to the local authority or municipality for approval. These approved plans must then be presented to the B.O.T. for final approval and only then can building proceed.
1.6.3.1. FENCES
No Owner / tenant of a section shall erect or allow to be erected any form of fence on any part of the common property or in any exclusive use areas.
1.7. SIGNS AND NOTICES
1.7.1. No owner / tenant of a section shall place or allow to be placed any sign, notice, billboard or advertisement of any kind whatsoever on any part of the common property or of a section, so as to be visible from the outside of the section. This also applies to security company signs.
1.7.2. All decorative house name boards must conform as to the size, colour and position as required by the B.O.T.
1.8. LITTERING
No owner / tenant of a section shall deposit or allow to be deposited or thrown, on the common property, any rubbish, including dirt, cigarette butts, food or food scraps or any litter whatsoever.
1.9. LAUNDRY
No owner / tenant of a section shall hang any washing or laundry or any other items on any part of the common property so as to be visible from outside of the building or from any other section, other than the designated drying area.
1.10. STORAGE OF INFLAMMATORY MATERIALS AND OTHER DANGEROUS ACTS
1.10.1. STORAGE
An owner / tenant of a section shall not store any “dangerous” material, or do, or permit to be done, any dangerous act in the buildings or on common property, which will increase the rate of the premium payable by the B.O.T. an any insurance policy.
1.10.2. FIREARMS
1.10.2.1. No owner / tenant of a section shall discharge or allow to be discharged any firearm ( as determined by the Act on Arms and Ammunition) in any section or any part of the common property, unless loss of his life may result from failure to do so. In such an event, a detailed report is to be handed to the B.O.T. for evaluation.
1.10.2.2. No owner / tenant of a section shall carry a firearm on the common property in such n manner to be visible to other people.
1.10.2.3. The Act on Arms and Ammunition is to be strictly adhered to at all times.
1.10.2.4. Any owner / tenant of a section who contravenes or allows to be contravened the above said Act, shall be criminally charged.
1.10.3. CONTRAVENTION
Any owner / tenant who contravenes or allows to be contravened the above rule 2.10.2 shall be prohibited from carrying a firearm on the common property.
1.11. ELECTRICITY
No owner / tenant of a section may tamper with or have any repairs done to any electrical supply or apparatus that serves the common property. Any electrical faults on the common property must be reported to the Chairperson of the B.O.T.
1.12. FIRES AND BRAAIS
No owner / tenant of a section shall allow any form of fire inside the unit or on common property. Braais may only be lit in the designated unit area. It is strictly prohibited to throw cigarettes, cigarette butts, matches etc out of windows or anywhere on the common property. All inflammable items must be kept in a safe place, out of reach of children.
1.13. FIRE EXTINGUISHERS / FIRE HYDRANTS
No owner / tenant of a section shall tamper or allow to be tampered with any fire-fighting equipment on the common property, nor shall they park or allow to be parked any vehicle so as to obstruct access to any fire hydrant on the common property. It is strongly recommended that all owners / tenants of a section acquire and keep in an accessible place in their unit a fire extinguisher. Owners / tenants are not covered for the contents of their units by the insurance policy covering the buildings and are thus advised to take out a suitable insurance to cover themselves.
1.14. LEASE / SALE
1.14.1. LEASE OF A UNIT
1.14.1.1. The consent in writing of the B.O.T. must be obtained prior to the renting / leasing of a unit, which consent, subject to all dues being fully paid and all other conditions of the B.O.T. being met will not be unreasonable. A clearance certificate must be obtained from the B.O.T.
1.14.1.2. Lessees must be of suitable standing befitting the complex and the names of such lessees must be given to the B.O.T. along with the request for permission to lease and a statement as to the duration of the lease. (Names are required for entering on the register of residents and for security identification)
1.14.1.3. The owner must inform the lessees of the rules of the complex and any contravention of the rules by any lessees shall be deemed to be a contravention by the owner.
1.14.1.4. The B.O.T. shall have the right to evict any tenant who does not comply with these conduct rules. The B.O.T. shall give a thirty day notice period to the tenant, in writing, after the owner has not taken any reasonable steps against the tenant. If the tenant does not vacate the unit within thirty days, the B.O.T. at the tenants risk and expence, will remove the tenant from the unit. No owner / tenant of a section shall have any claim whatsoever for any loss of rent etc. On the B.O.T. due to the eviction of any tenant.
1.14.2. SALE
1.14.2.1. The consent to sell or transfer a property within the complex must first be obtained in writing from the B.O.T. and the selling / transferring owner must have satisfactorily settled all obligations to the B.O.T. prior to consent being given.
1.14.2.2. The new owner automatically becomes a member of the Body Corporate.
1.14.2.3. The owner who wants to sell a unit can appoint any agency. The appointed agency will contact the B.O.T. to acquire all the set conditions under which they will be required to operate.
1.14.2.4. Where the owner chooses / wishes to sell the unit privately, it is the owner’s duty to ensure that the new buyer is fully aware of the rules of the Body Corporate. The owner will also ensure that the new owner is issued with a set of conduct rules prior to occupation. (This arrangement is necessary to ensure all requirements of, and obligation to the Body Corporate are complied with prior to the actual sale.)
1.15. EREDICTION OF PESTS
An owner / tenant of a section shall keep the unit free of white ants, borer or any other wood destroying insects, other pests and insects and to this end shall permit the B.O.T. and their duly authorized agents or employees to enter upon the unit property from time to time, for the purpose of inspecting the section and taking such action as may be reasonably necessary to eradication of any such pasts as may be found within the unit, shall be borne by the owner of the section involved.
1.16. GENERAL
1.16.1. NOISE AND DISTURBANCE
No owner / tenant of a section shall make or allow to be made excessive noise at any time, so as to disturb the other units.(Excessive shall be at the discretion of the B.O.T.) This includes noise from parties, music and domestic noise.
1.16.2. AFTER HOURS
During weekdays it will be quiet from 22h00 till 08h30. No owner / tenant of a section shall make or allow to be made any noise after 24h00 and before 09h00on a weekend without prior arrangement. Saturday and Sundays will be quiet from 14h00 till 16h00.
1.16.3. HOOTERS
No owner / tenant of a section shall sound or allow to be sounded any hooter unless an emergency.
1.16.4. CHILDREN
No owner / tenant of a section shall allow any child to make an excessive noise in the immediate vicinity of any unit.
1.16.5. FIREWORKS
The use of ANY fireworks on the common property is STRICTLY PROHIBITED.
1.16.6. Not more than a total of 2 persons times the number of bedrooms shall be allowed to stay or reside in a house or unit.
1.17. STAFF AND EMPLOYEES
1.17.1. Employment
The members of staff who are contracted by the B.O.T. to maintain the premises shall be employed and dismissed by the B.O.T. only at their discretion.
1.17.2. UTILISATION
All members of staff contracted by the B.O.T. are employed to perform tasks pertaining to the running and upkeep of the complex, they may under no circumstances be used by any owner or tenant to perform private tasks while they are on duty.
1.17.3. COMPLAINTS
Any owner / tenant who has a complaint about any member of staff is to report it to the B.O.T. and is not to reprimand any member of staff in any way.
1.18. DOMESTIC EMPLOYEES
Any owner / tenant of a section who has a domestic employee is to make sure that they know and understand the Conduct Rules and adhere to them at all times. The employee is the owner’s or tenant’s responsibility at all times.
1.19. VISITORS
Any owner / tenant of a section who receives visitors or guests is to make sure that they comply with these Conduct Rules at all times. The owner / tenant are responsible far all their visitors at all times.
1.20. BUSINESS ACTIVITIES
1.20.1. SALES
No auction, jumble sale or any other sale shall be held on or in the property without obtaining written permission from the B.O.T. No business will be allowed to be run from a unit without prior arrangements from the B.O.T.
1.20.2. ADVERTISEMENT
No advertisements or posters of any nature may be placed in or around the complex, or outside the complex.
1.20.2.1. NOTWITHSTANDING THE ABOVE:
A unit that goes on show may , for the day of the show, only have the minimum numbers of pointer boards required to point out the unit on show, they may only be erected at 10h00 and must be removed by 17h30.
1.20.2.2. A unit that is on sale may only have ONE FOR SALE sign at the gate. The sign must be placed so as not to obstruct any person’s vision or path.
1.21. COMMON PROPERTY
1.21.1. Parents are to accompany young children in the common property at all times.
1.21.2. No rough games are allowed in the common property.
1.21.3. Any person noticing any damage to any area of the common property will notify the B.O.T. of such damage for repair to be effected.
1.21.4. Children are to be requested to keep the noise levels as low as possible.
1.22. INTERPRETATION OF RULES
In respect of the interpretation of these rules and all decisions to enforce these rules, the B.O.T.’s decision shall be final and binding.
1.23. FAILURE TO COMPLY WITH THE RULES
1.23.1. Failure by an owner to comply with any provisions of any rules may result in:
a) A call for an explanation and/or an apology
b) A reprimand and a request to comply
c) The imposition of a fine ( which shall be deemed to be part of the levy due by the owner)
d) The withdrawal of any previously given consent applicable to the particular matter
e) An order to pay for any damages resulting from non-compliance with any rule
f) Application to the courts for the enforcements of rules.
1.23.2. The actions to be taken and the penalties to be imposed for breaches or contraventions of the rules shall be entirely at the discretion of the B.O.T., who shall take due regard of the nature, circumstances and severity of each misdemeanour, breach or non-compliance.
1.23.3. As a guide only, the amount of the fines which might be imposed will at the B.O.T.’s discretion, vary broadly between the general scale listed below:
OFFENCE | FIRST OFFENCE | SECOND OFFENCE OR DISREGARD OF IMPOSITION |
Technical breach of conduct | ||
Rule, malice of forethought or premeditated intent or inconsideration | R50 | R200 |
Non-compliance | R250 | R500 |
Blatant disregard of the rules or of legitimate instructions | R500 | R1000 |
The amount of fines are subject to amendment by the B.O.T. at their discretion.
1.23.4. Fines imposed for the breach of non-compliance with the rules shall be deemed to be part of the levy due by the owner.
1.24. COPY OF RULES
A copy of these rules shall be kept of each owner or tenant and shall be made available for inspection by the B.O.T. at any reasonable hour.
1.25. WRITTEN PERMISSION
Written permission by the B.O.T. shall only be valid if signed by the Chairperson and at least three Trustees.
1.26. EXCLUSIVE USE AREAS(PRIVATE GARDENS
1.26.1. Notwithstanding the fact that exclusive use areas are in terms of the sectional title plans registered with the Chief Registrar of Deeds as part of the common property, every owner of a unit in the scheme shall have the right to the exclusive use of the owners allocated garden and / or parking area, excluding the rights of all the other owners and persons.
1.26.2. The B.O.T. will do everything reasonable within its power to ensure that an owner can enjoy the rights to this exclusive use area.
1.26.3. An owner of a unit is obliged to keep the exclusive use area designated to the unit neat, hygienic, tidy and acceptable and this area may only be used as a garden area or parking area as allocated.
1.26.4. The owner shall give the B.O.T. and / or anyone authorized by the B.O.T., access to the exclusive use area to do any repair work necessary on the common property or to implement rule 70 Annexure 8 of the Sectional Title Act 95 of 1986.
1.26.5. Except where a unit is let, the owner may not let the exclusive use area designated to the owner’s unit without the written permission of the B.O.T. Such permission may not be unreasonably withheld.
1.26.6. Private gardening in encouraged and all efforts to beautify our complex, for the benefit of everyone, are fostered. Each owner / tenant is responsible for the repair and maintenance (flower beds, oil spills etc) of the exclusive use area and repairs of any water pipes, electrical wiring, down pipes, security devices, lapas, verandas etc solely servicing that area.
1.26.7. For any structures to be erected in / on the exclusive use area, the owner of the area involved should first obtain written permission from the B.O.T. A standard will be determined and any similar structures in future erected by any owner, should conform to the approved standard.
