The Body Corporate Of Villa Daniella

Transcription

1 The Body Corporate Of Villa Daniella CONDUCT RULES 1

2 I hereby certify that these are the rules for inclusion in Annexure 9 to Section 35 (2) (b) of the Sectional Titles Act, 95 of 1986 which were duly submitted to the owners of Villa Daniella Body Corporate and adopted by the members thereof. CONDUCT RULES GENERAL GUIDELINES A Sectional Title life-style brings together people from diverse backgrounds, age-groups, interests and philosophies. Often, the only common factor is ownership of a Unit in the Scheme in which they live. Inevitably, integrating such diverse backgrounds into a stable, happy and successful Scheme presents problems. The Sectional Title Act No. 95 of 1986 prescribed Management and Conduct rules that apply to every Sectional Title Scheme and laid down the framework for running such a Scheme. The Act allows some rules to be changed, providing none of the changes go against the spirit of the Act. The procedures to effect these changes are prescribed in the Act and must be carefully followed. In the writer's opinion, the success or failure of most schemes rests almost entirely with the Trustees. The role of a Trustee is not an easy one. It is time-consuming, often frustrating, requires sensitivity, the patience of a saint, the wisdom of Solomon, and, just occasionally, the hide of a rhinoceros! A Trustee is a manager, negotiator, mediator, and peace-maker. A Trustee needs to understand the Act and must be able to interpret the Rules and guide the Body Corporate. A Trustee must be able to understand and control budgets and accounts. Most Trustees are laymen without a legal or accounting background, so their task is tremendous. SYNOPSIS OF THE SECTIONAL TITLES ACT What do you actually own? You own the inside of the property i.e. the space contained by the inner walls, ceilings & floors of the unit. You are entitled to paint or decorate or undertake alterations as desired, providing such alterations do not infringe on municipal by-laws. In buying into a scheme you will acquire a SECTION (or Sections), and a share of the COMMON PROPERTY. These are collectively known as a UNIT. In practical terms, a Section is usually a flat or townhouse, but may also be a garage, domestic staff room, parking bay or external storeroom. Please note that in many Schemes, the garage and external rooms may NOT be sections, but may be part of the common property in which you may have EXCLUSIVE USE as indicated in the Sectional Title Diagrams. The outside of the building is owned by the Body Corporate. In the interest of keeping uniformity, therefore, minor changes may be approved (in writing) by the trustees. This includes all external changes, i.e. aerials, satellite dishes, awnings, enclosures, changing of exterior colour schemes, etc. Any major structural changes must be done in accordance with government and municipal approval and before proceeding, with the Body Corporate's approval, as any alterations may change the look of the property, or increase the insurance. 2

3 No reasonable request may be refused. As regards common property, allocated for individuals sole use, such areas as indicated on the original plans or subsequently in writing, from the Body Corporate, may not be altered or reclaimed without the owners consent. WHAT IS "SECTIONAL TITLE"? A Sectional Title Development Scheme (usually referred to as a "SCHEME"), provides for separate ownership of a property, by individuals. These schemes fall under the control of the Sectional Titles Act, No. 95 of 1986 (and its amendments), which came into force on 1 June WHAT IS "COMMON PROPERTY"? The Common Property is that part of a scheme which does not form part of any section. Driveways, gardens, swimming pools, corridors, lifts and entrance foyers are good examples of common property. As mentioned above, some parts of the common property are designated as Exclusive Use areas. WHAT IS MEANT BY "EXCLUSIVE USE"? Often this will be a garden or patio attached to a section, in which case you do not OWN the garden or patio, but you have EXCLUSIVE USE of those areas for as long as you are an owner in the scheme. A balcony attached to a flat is sometimes designated as an exclusive use area, although in most cases, the balcony forms part of the section. The 1986 Act allows an owner to sell the exclusive use of an area to any other owner in a scheme, but not to an outsider. The practical implication is that owners, who have exclusive use of a garage, storeroom or parking bay which they do not require, can sell the exclusive area to another owner in the Scheme. This benefit does not apply to owners of units registered under the 1971 Act, as under that Act, exclusive use areas were allocated under the rules of the scheme, whereas under the 1986 Act they are registered at the Deeds Office. WHO CONTROLS THE COMMON PROPERTY? The common property is controlled by the BODY CORPORATE. There are no exceptions to this rule. This means that even though parts of the common property are designated exclusive use areas, these areas are still controlled by the body corporate and therefore subject to the rules of the scheme. These rules might prohibit "braaing" in an exclusive use garden or balcony, control the type of fence or wall erected around a garden, or prevent the installation of a plunge pool or spa bath without first obtaining the consent of the trustees. WHAT IS "THE BODY CORPORATE"? The Body Corporate is the collective name given to all the owners of Units in a Scheme. It comes into existence as soon as the developer of the Scheme transfers a Unit to a new owner. All registered owners of Units in a Scheme are members of the Body Corporate. The Body Corporate controls and runs the Scheme. Day-to-day 3

4 administration of the Scheme is vested in TRUSTEES who are appointed by the Body Corporate. Major decisions regarding the Scheme are made by the Body Corporate, usually at the ANNUAL GENERAL MEETING (AGM), or at a SPECIAL GENERAL MEETING. At these meetings, matters which affect the Scheme are discussed, Budgets are approved, Rules can be changed and Trustees are appointed - often accompanied by lively discussions! Each member of a Body Corporate is entitled to vote at these meetings, providing that the member is not in arrears with levy payments or in serious breach of the Rules. Members in default can only vote in certain circumstances. An individual member's voting power is governed by the member's percentage ownership of the common property. This percentage is known as the PARTICIPATION QUOTA. WHO ARE THE TRUSTEES? The Trustees are usually owners in a Scheme who have been entrusted with the task of looking after the scheme on a day-to-day basis. Trustees are appointed by the Body Corporate. The minimum number of Trustees for a scheme is two. The Act does not specify the maximum number. Ideally, a trustee should possess skills or qualities which will be of benefit to the scheme. Accounting or legal knowledge, organisational abilities, knowledge of electrical or mechanical matters, the ability to type or bookkeeping skills are much in demand, and can save the Body Corporate a lot of time and trouble! It is permissible to appoint as trustee someone who does not own a unit in the scheme, although this is not common practice. At all times, the majority of trustees MUST be owners in the Scheme. Trustees work on a voluntary, unpaid basis, although a trustee who is NOT an owner in a scheme may receive payment for acting as a Trustee. At the first meeting after being appointed, the trustees elect a chairman who usually holds office until the next AGM. WHO MAKES THE RULES? At the inception of a Scheme, a MANAGEMENT and CONDUCT RULES are established. These rules form Annexures 8 and 9 to section 35 of the 1986 Sectional Titles Act. As their names imply, the management rules control the running or management of the Scheme, while the conduct rules lay down guidelines for the conduct of owners and their guests or tenants. CAN THE RULES BE CHANGED? Yes. The Body Corporate can change the Rules, providing that these changes are not against the spirit of the Sectional Titles Act. The procedure which must be followed before rules can be changed is clearly defined in the Act. Proposed changes must be put to the members of the Body Corporate at a General Meeting, at which members will be able to discuss the proposed changes before being asked to vote for or against them. Some changes require a UNANIMOUS RESOLUTION, while others require a SPECIAL RESOLUTION. 4

5 WHAT IS "THE LEVY"? The costs incurred in running a scheme have to be paid by the body corporate. These costs include: Rates and taxes Water and electricity used on the Common Property Sewerage Insurance premiums for the Common Property Repairs and maintenance of the Common Property Wages and salaries of the cleaners and other staff Security These costs are paid by individual owners in the form of a monthly levy, calculated in accordance with the participation quota for their unit. Some costs incurred in the upkeep of Exclusive Use areas can be recovered from the user of that area. In addition to the above, the body corporate is obliged to establish a fund for future maintenance and unexpected expenses. The size of this fund is not specified in the Act, but a wise body corporate will make sure that the fund is adequate for the size of the complex and present condition of the property. If the fund becomes excessively large, the Act does not allow any part of the excess to be refunded. However, the excess could be used to subsidise future levies or to improve the common property. HOW IS THE LEVY CALCULATED? At the inception of a Scheme and again before every AGM, the trustees have to prepare a budget for the following year. This budget is then presented to all members of the body corporate at the AGM. The body corporate can either accept the budget or can ask for changes to be made. Once the budget has been accepted, the total annual cost is divided into a monthly amount. Each owner is then "levied" a monthly amount, which is his or her share of the common budget. The amount is calculated in accordance with the Participation Quota (PQ) in terms of Section 32 (4) of The Sectional Title Act. Basically what it entails is that larger units have a higher PQ than smaller units and the amount paid by each owner will vary accordingly. CAN THE LEVY BE CHANGED AT OTHER TIMES? Yes. In an emergency, the Trustees can impose a SPECIAL LEVY to cover expenses of an unforeseen nature. WHAT ARE MANAGING AGENTS? Managing and administering a Scheme, particularly a large Scheme, is complicated and time consuming. Occasionally, the Body Corporate and Trustees undertake the entire task. Unless the Body Corporate is 5

6 unusually well endowed with specialised knowledge and talents, this is seldom successful. Most Bodies Corporates decide to appoint MANAGING AGENTS, usually a company or close corporation that specialises in this aspect of Sectional Title administration. The Managing Agents collect the monthly levies and all other moneys due by owners to the Body Corporate. They keep the books, recover unpaid debts, prepare the annual budgets, arrange for quotations for repairs and maintenance, send out notices and generally assist the Trustees with the numerous time consuming tasks that arise in administering a Scheme. A good Managing Agent can save the Body Corporate a lot of time, trouble and expense. 1. INTRODUCTION The Conduct Rules contained in this schedule shall not be added to, amended or repealed except by special resolution in accordance with Section 25 (2)(b) of the Sectional Titles Act DEFINITIONS The terms and expressions contained in these rules shall, unless the context or this clause otherwise indicate, have the meaning assigned to them in Section 1 of the Sectional Titles Act No 95 of Complex The complex consists of both the common property and sections contained therein. 2.2 The Owner This is a person who owns a particular section in the complex and is liable for the levies and other costs incurred within the complex. The owner is also the person responsible for the conduct of any tenants who are renting their section within the complex. The owner is member of the body corporate. 2.3 Tenant This is a person who is leasing or renting a section from an owner. 2.4 Resident This is both owner and tenant. 2.5 Trustees Person/s elected at the 1st General Meeting and thereafter at each subsequent Annual General Meeting in accordance with the Act. 2.6 Street Representative Person/s elected at each Annual General Meeting in accordance with the act who assist the Trustees in the day to day running of the complex and who represent the Residents and Tenants at Trustee Meetings. 2.7 Unit This refers to the Physical Residential Dwelling. 2.8 Section This refers to the Unit + exclusive use area including front and back garden. 6

7 3. REFUSE DISPOSAL 3.1 Owners or Tenants of a section shall: Maintain in a hygienic and dry condition, a receptacle for refuse within their section Each owner or occupier to place their own regulatory, municipal refuse bags in the refuse bins supplied in the demarcated Refuse Area. Owners or tenants are not to leave refuse bags or any other refuse in any other area within the common areas of the complex Ensure that before refuse is placed in such receptacle it is securely wrapped, or in the case of tins and other containers, completely drained. Cardboard boxes are to be flattened and placed in the Refuse Area Persons leaving any rubbish, paper or rubble on any part of the common property or public sections surround the property are liable to prosecution, and such offenders must be reported immediately to the Trustees The owner or other lawful occupant of any unit shall not shake or dust or beat carpets or mats over the balconies or walls or through the windows of any units. 4. MANAGEMENT OF THE COMPLEX 4.1 The Body Corporate has appointed Trustees and may appoint such other persons, as it may deem necessary to manage its interest in both the common property and the sections. Such appointed persons will manage within specific authorities granted by the Body Corporate. All such authorities will be recorded at meetings of the Trustees and will remain effective until such time as they are revoked by the Body Corporate. Where an appointed person has acted outside an authority granted by the Body Corporate, a subsequent meeting of the Body Corporate may ratify such action. 4.2 At a meeting of the Trustees, 50 percent of the number of Trustees but not less than two shall form a quorum. 5. VISITORS AND TENANTS The owners of a section are responsible for their visitors and/or tenants observing the Conduct Rules and as is framed in terms of the Act, and shall acquaint their tenants and visitors with the contents of such rules. 6. OCCUPATION OF SECTIONS 6.1 The sections shall be used for residential purposes only. 6.2 No more than two persons (adults/children) per bedroom shall reside in any section. 7

8 6.3 An owner may let or part with the occupation of his/her unit, provided he/she secures from the Lessee or the person to whom occupation is given, as the case may be, an undertaking in favour of the Trustees that such Lessee or person shall duly observe all such rules and conditions as are contained herein. 7. MAINTENANCE OF SECTIONS AND COMMON PROPERTY It is in the interest and to the mutual advantage of all owners, that owners maintain their sections and common property in good, clean, hygienic and habitable condition. To this end the following rules shall apply: 7.1 Owners shall ensure that any garden tools and other equipment stored in view of the other residents and general public shall be kept neat and tidy. 7.2 Owners shall use their carports, patios, balconies, stoeps and gardens for the purposes intended. 7.3 Wall plants and creepers must not be allowed to encroach on adjoining properties or cause damage to gutters, fascia boards, roof tiles etc. Any damage caused will be repaired at the expense of the resident concerned in terms of Clause Owners shall be responsible for all interior painting and maintenance inclusive of blocked sewers, sanitary equipment, connections and repairs, with the exception of common external walls. 7.5 Owners shall not place any obstacles, plant containers or anything that may obstruct pedestrian and other traffic on the walkways of the complex. 7.5 If an owner fails to repair or maintain his/her section in a state of good repair, or fails to maintain adequately any area of the common property allocated for his/her exclusive use and enjoyment and such failure persists for a period of 7 (seven) days, after receiving written notice, the Trustees are entitled in terms of the rules to remedy the owner's failure and to recover the reasonable cost of doing so from such owner. 7.6 Except as provided for in Rule 7.5, it is the duty of the Trustees to properly maintain the common property and to keep it in a state of good and serviceable repair. 7.7 In the event that there is an insurance claim for a burst geyser, the insurance excess will be payable by the unit owner. 7.8 Owners should not place any obstacles, plant containers or any other such items in the walkways which will obstruct the passage of pedestrians and any other traffic. 8. SECTIONS 8.1 An owner/tenant may not erect wall plants or creepers, mark, drive nails or screws, into or otherwise damage or alter any part of the common property or the structure without first obtaining the written consent of the trustees. Any changes must be removed and repaired to original state. 8

9 8.2 In order to maintain a high level of security within the complex, should any owner wish to carry out such improvements as provided for in Rule 8.1 above, an owner will be required to notify the Trustees in writing of the following: - Nature of improvement - Contractor's name - Names of employees of contractors - Date and times when work will be carried out 8.3 Owners are personally responsible for the insurance of the contents of their unit and for the premiums of such insurance. 9. EXTERIOR OF SECTIONS 9.1 The Trustees shall be responsible for all exterior maintenance, painting, etc. and no decorations may be attached to the exterior of a section unless specifically authorised by the Trustees. The erection of satellite dishes and TV aerials may only be undertaken with the written consent of the Trustees. 9.2 No air conditioning units or solar heating sytems which are visible from outside a section may be installed without the specific approval of the Trustees. 9.3 Owners shall not erect their own washing lines, nor hang washing or laundry or any other items on any part of the building or common property, balconies, walls or fences so as to be visible outside the building or from any other section within the common property. Washlines in the designated areas are the only ones to be used. 9.4 Washing only to be hung on the communal washlines between 06h00 and 18h00. Washlines to be folded down once the washing has been removed and the washing area left in a tidy condition. 9.5 No ZoZo huts, garden sheds or pergolas, or any garden partitioning or any other structures are to be erected without the written approval of the Trustees. The Trustees reserve the right to remove any objects or aerials that do not confirm to the rules Any owner or occupier who wishes to install any locking device, safety gate, burglar bars or other safety device for the protection of his unit, must comply with the approved standards; and conform to the burgundy colour chosen, or any screen or other device to prevent the entry of animals or insects, must also be approved prior to installation. These must fit into the approved colour and design of the property and may not distract from the overall character. All requests to be put in writing to the Trustees. 9.7 No parking bay may be enclosed with any material whatsoever. No hooks/chains may be fixed into the sheets or pillars of the parking bays. No articles may be stored in the parking bay area. 9.8 Parking bays must be kept neat and clean. The Trustees must immediately be notified of 9

10 sightings of vermin and/or insects/pests, as well as weeds coming through the paving. 10. BUSINESS ACTIVITIES 10.1 No auctions or jumble sales may be held on the common property or in a section No advertisement, sign, notice, billboard or publicity material of any kind may be exhibited or distributed in the complex without prior approval by the Trustees Notification that any unit is let or sold must be given to the Trustees in writing, together with: - Date of occupation - Future address of the registered owner 10.4 Hawkers will not be allowed at any time No vehicle sales are allowed on the property without prior consent from the Trustees No canvassing for business in the complex will be permitted. 11. USE OF COMMON PROPERTY 11.1 Residents, their families and their guests shall be entitled to the enjoyment of the common property with due regard and courtesy for the rights of other owners, their families and guests It is the responsibility of every resident using the common property to ensure that the area is left clean with no debris, cigarette butts, glass objects or bottles lying around An owner shall not throw any rubbish, including dirt, cigarette butts, food scraps or any other litter, either from windows, balconies, patios or vehicles on the common property and should such failure persist for a period of 2 (two) days after being given written notice, the Trustees are entitled in terms of the Rules to remedy the owner's failure and to recover the reasonable costs of doing so from such owner All gardening in respect of the common property shall be the responsibility of the Trustees. The removal of vegetation and any interference with gardens is prohibited unless the consent of the Trustees or the person responsible for the gardens is obtained No hobbies or other activities may be conducted on the common property or in a section which will cause undue nuisance to other residents No resident shall cause or permit any unlawful, negligent or disorderly conduct on the common property No firearms or pellet guns may be discharged on the common property Fireworks, explosives or other dangerous material or articles may not be brought into the complex Should any damage of whatsoever nature be caused to the common property by an owner, his or her family, tenants, visitors or pets, the owner shall be liable to reimburse the Trustees for the cost of repair of such damage. 10

11 11.10 The Trustees will assume no responsibility for any injuries, accidents or losses by any person whatsoever. 12. CONTROL OF NOISE 12.1 Hooting at the gate, or any where else on the common property, excessive revving of cars and motorbikes and the riding of Quad Bikes are not permitted on the common property Radios, musical instruments, Hi-Fi sets, power tools, etc. must be used in such a manner as not to be a nuisance to other residents Any building alterations or improvements are only to be performed between 09H00 and 17h Silent times : No noise before 08h00 during weekdays and 09h00 on weekends Parties and excess noise to end STRICTLY at 21h00 in the week (Sunday to Thursday) and 22h00 on weekends. (Friday and Saturday). A FINE OF R500 for the first contravention of this rule will be levied on the unit owner/occupier, with the NEXT FINE being R After this no more parties will be allowed New owners/tenants to ensure, when moving into the complex, that they do so only between the hours of 08h00 and 18h CONTROL OF VEHICLES / PARKING 13.1 No owner of occupier 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, except in the demarcated parking bays The Trustees may cause to be removed, or towed away, at the risk and expense of the owner of the vehicle, any vehicle parked, standing or abandoned on the common property, without the Trustees consent The resident of each section shall have the use of the carport allocated to that relevant section. Should an owner have more than two vehicles, permission needs to be obtained from the Trustees as to where these vehicle will be parked Vehicles may only be parked in designated areas, and in such a way so as not to obstruct traffic flow. Visitors must find parking outside the complex if there are no vacant visitors parking bays Vehicles may not travel at speeds in excess of 15 km per hour within the complex. Residents should take the necessary action to ensure that the speed limit is maintained by anybody visiting or having access to their sections and will be responsible for any such person/s No unlicensed drivers may drive vehicles within the complex Bicycles, tricycles, roller skates, skateboards, etc. may not be left lying around on any portion 11

12 of the common properly No Caravans, trailers, Quad Bikes or boats allowed to be parked on the common property at any time Heavy duty trucks will NOT be allowed on the common property Dismantling or assembling vehicles or keeping unused vehicles is not permitted on the premises. No damaged, unroadworthy vehicles to be kept in the complex If vehicles are washed on the premises, the area used is to be left in a clean and tidy condition. Vehicles are not to be washed on the lawn and fire hoses are not to be used. This is STRICTLY FORBIDDEN AND A FINE OF R2000 WILL BE LEVIED FOR CONTRAVENING THIS RULE Motorcycles are to enter and exit from the complex quietly so as not to constitute a disturbance to other occupants Should vehicles parked have leaked any oil or fuel, owners are personally responsible for the immediate and satisfactory cleaning and correction of any damage and/or mess and/or danger, as the case may be Damages caused to the common property paving will be borne by the unit owner (Owners are to familiarise themselves with Management Rule 69 as promulgated as Annexure 8 of the Sectional Titles Act 95, of 1986 especially if they are leasing their unit out.) 14. CONTROL OF PETS AS FROM THE DATE OF WHICH THESE RULES ARE APPROVED BY SPECIAL RESOLUTION OF THE BODY CORPORATE OF VILLA DANIELLA, THE UNDERMENTIONED RULES WITH REGARDS TO PETS WILL APPLY. NO NEW PETS WILL BE ALLOWED 14.1 Birds such as canaries, budgies and others that are kept in cages are permitted to be kept within a unit, provided that they do not cause a noise disturbance to fellow residents Pets already resident at the complex, for which PRIOR WRITTEN PERMISSION must be obtained and entered into the Pet Register, may remain, but subject to the undermentioned conditions: Pets, and in particular dogs, are only permitted on the common property of they are suitable restrained and controlled by the owner. Dogs must be kept on a lease and such lease held by the owner at all times. Fouling of common property is not permitted and should the pet defecate on common property, it is the owners responsibility to remove and dispose of them is a refuse receptacle All pets must have collars and ID tags attached to them, which clearly indicate to which person and unit they belong. 12

13 Should damage of whatever nature be caused directly or indirectly to common property by a pet, the owner of the pet will be responsible for the cost of the repairs All cats kept on the premises must be neutered or spayed and a certificate be provided to the Trustees No Kennel or like accommodation for pets may be visible from any part of the common property The Trustees may withdraw their permission for the keeping of a pet in the event of any breach of these Rules. 15. LAUNDRY Laundry hung out to dry or air is done so at the sole risk of the person so doing. 16. SECURITY 16.1 No obstacles or objects which may interfere in any way with the normal operation of the electronic gates may be inserted therein or placed in such a manner so as to avoid the automatic closure of these gates. Residents are requested not to tamper with or attempt repairs to the electronic gate or its electrical components. Any faults are to be reported to a Trustee All residents are to ensure that they have a remote control for the gate. Visitors will only be allowed access through the intercom system. Once the visitor has pressed the residents number, the intercom will ring through to the resident, who will then open the gate for their visitor. The guard will have no access to a remote for the gate Owners /tenants without remote controls will have to source a new remote control at their own cost. 17. LEVIES 17.1 Levy accounts are payable in advance and are due by the 1 st of every month Failure on the part of any owner to ensure that payment of levy or any other amounts due to the Body Corporate including electricity will result in electricity supply to a unit being discontinued. Neither, the Body Corporate, its appointed Trustees or its managing agent will be held liable for any damages so incurred by a resident Should the electricity supply be terminated as contemplated in 17.2, the unit owner will be held liable for any costs so incurred Should the actions contemplated in 17.2 not be successful it will result in legal action being taken to recover such amounts due from the owner which may include eventual expropriation of the unit involved Interest (at a percentage determined by the trustees) will be charged on all overdue amounts. 13

14 Admin Fees will also be charged on all overdue accounts Payment of levies and electricity are to be made directly to the Property Managers, as indicated on the statement of account No member of the Body Corporate shall be entitled to adjudicate upon or vote on any matter during any meeting if his/her levies are not paid up. 18. SWIMMING POOL AND POOL AREA 18.1 The pool and its accompanying facilities are reserved for the exclusive use of residents, and their guests Guests must be accompanied by a resident Each resident is responsible for the conduct of his/her guests Facilities at the pool must be used in such a manner so as not to disturb other residents No glass objects are permitted in the pool or around the pool area All possessions and waste must be removed before leaving the pool area Children under the age of twelve (12) years must be accompanied by an adult at all times Users of the swimming pool do so at their own risk. The Trustees assume no responsibility for any injuries, accidents or losses Undue noise, including radios and Hi-Fi equipment and profanity are not permitted on the common property or in the pool area Any equipment, including, pump, chemicals, pool cleaners, etc., are not to be interfered or tampered with. (This includes the Kreepy Krauly, filter, vacuum pump, pipes and lights) Communal braais at the pool area are to be cleaned after use, failing which a charge will be levied to the persons who used them. 19. BALCONIES 19.1 Balconies shall not be used for the purpose of storage OF ANY KIND. The only items to be stored on the balconies shall be gas braais and garden furniture Cleaning of balconies to be done by mop or squeegee so as to prevent excess chemical and water overflow on to the units below No water, objects or refuse of any nature to be thrown from the balconies The owner or occupier of any unit shall not make open fires on the balcony. Gas braais are the only braai equipment allowed on the balcony. All Braai s are to be made in a manner or at a time which does not cause inconvenience to the owner or other lawful occupant of any other unit, or cause damage to the building or any other part thereof or to any property of any other person whatsoever Open fires/braais are only permitted in the pool area, or at least 1m from the building OF THE DOWNSTAIR UNITS ONLY. 14

15 20. DOMESTIC EMPLOYEES 20.1 All staff names and copies of their ID documents shall be provided to the Trustees All staff shall comply with the Conduct Rules Staff shall not loiter on common property Residents shall ensure that their staff are not unduly rowdy at any time. 21. OWNERS LEASING UNITS 21.1 All tenants of units, and other person s granted rights of occupation by any owner of the relevant unit, are obliged to fully comply with these Conduct Rules, notwithstanding any provision to the contrary contained in any lease or any right of occupancy. Owners should provide tenants with a copy of these rules and provide the Trustees with a signed acknowledgement that the lessee has received the rules. 22. SEWER AND WASTE PIPES 22.1 Foreign objects such as nappies, newspaper, clothes, sanitary towers, condoms, toys, etc are not to be flushed down toilets. With regards to the above, the Trustees may, if deemed fit, penalise the owners if the above are not complied with. 23 LEGAL All legal costs incurred by the Trustees for any action whatsoever against an owner or tenant, shall be borne by that owner or tenant. 24. INDEMNITY The Body Corporate and/or the Agents shall not be liable to any owner and/or tenant for any injury or damage of any description which the unit owner or tenant and/or member of the unit owner or tenants family or any employee or servant or any relative, friend, acquaintance, visitor, invitee or guest of the unit owner or tenant may sustain physically to his/her or their property, directly or indirectly, in or about the common property or individual units or in or about any part of the complex and/or grounds in which the common property or individual units, or any appliances whatsoever in the complex or grounds in which the common property or individual sections are situated or for any act done or any neglect on the part of the Body Corporate employees, servants or agents. The Body Corporate or the Agents representatives and servants accept no responsibility or liability of whatsoever nature in respect of the receipt or the non-receipt and delivery or non-delivery of goods, postal matters and/or other correspondence. 25. PROPRIETARY RIGHT TO CONDUCT RULES 15

16 These rules remain the property of Villa Daniela Body Corporate and must remain in the unit when vacated. Owners must ensure that tenants have a copy of these conduct rules. 26. NOTIFICATION TO TENANTS Owners are to ensure that tenants are issued with a copy of all the conduct rules and that they are properly adhered to. Owners will be held liable for the conduct of their tenants. 27. COMPLAINTS 27.1 Any complaints must be submitted to the Trustees in writing via the Management Agent These complaints will be followed up and letters of warning will be issued to owners and/or offenders, where after fines and/or costs of damage will be imposed upon the owners. It is the responsibility of the owners to further any other actions. 28 NON-ADHERENCE TO RULES 28.1 Fines will be imposed upon anyone failing to adhere to the set conduct rules. Fines will be determined by the Trustees up to a maximum of R500 per offence Damages to the common property will be charged to the resident of the unit who caused the damages. These fines and compensation will be imposed after a hearing has been conducted and the transgressor offered the opportunity to state his/her case. 29. CHANGES TO THESE RULES 29.1 The Body Corporate may, subject to any restriction imposed or direction given at a general meeting, amend, add to, or repeal any Conduct Rules from time to time for the control, use, safety and cleanliness of the units and common property and registered in terms of Section 35 of the Sectional Titles Act 95 of LETTING 30.1 An owner who wishes to let or lease his/her section or allow any change in the occupation thereof, shall prior too so doing, be obliged to obtain from the proposed tenant, lessee or occupier, a written undertaking to comply fully in all respects with these Rules, and any other Regulations or Instructions competently issued by or on a behalf of the Trustees, for the period of his/her tenancy, lease or occupation The owner of a unit shall advise the Body Corporate of the name of the lessee, number of occupants and the period of the lease Owners are responsible for the payment of all levies and electricity on due date. Levies are payable on the first day of each month in advance. Should the electricity supply be terminated as contemplated under the payment of levies in this document, the body 16

17 corporate or its agent cannot be held responsible for any loss or damages caused to the tenant or occupier of the unit Owners are advised of the binding clause as stated in Management Rule 69 s promulgated as Section 08 of The Sectional Titles Act 95 of BREACHES OF RULES 31.1 In the event of any dispute 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 If, as the result of a breach by an owner of these Rules or any obligation of the owner, the Body Corporate or the Trustees instructs a firm of Attorneys, the defaulting owner shall be liable for all costs (in terms of Management Rule 31 (5) and charges of whatsoever nature on an attorney and client scale incurred by the Body Corporate as a result thereof Breaches must be handled so as to ensure compliance with the rules, with minimum continuing nuisance to other owners, minimum friction with the offending owner and minimum avoidable cost to the Body Corporate Immediate Arbitration (In terms of Management Rule 71) will be taken in serious breaches of rules. This method may also be used should the Board of Trustees approve it. It is again stressed that all legal costs will be debited to the affected unit owner in terms of Management Rule 31 (5). 32 VISITORS 32.1 No visitors will be allowed into the complex after 22:00pm during weekdays and 24:00 on week-end, unless physically signed in by the owner / tenant. No telephonic permission will be allowed Owners/ tenants will be held responsible to clean up after parties/ functions - Common property areas, i.e. Pool area and outside their units. Owners / tenants will also be held responsible for the actions of their visitors /guests (littering, noise, parking in zones etc). 33 GENERAL 33.1 Trustees reserve the right to inform a unit owner that a problem tenant may be given notice if he/she fails to adhere to the Body Corporate House Rules Balconies/gardens/ patios are not allowed to be used as storage areas. Only garden cupboards as specified above may be used for storage. 34 BREACHES OF RULES 17

18 The following is the procedure to be followed by the trustees 34.1 INVESTIGATION COMMITTEE The Board of Trustees shall establish a sub-committee consisting of at least two members of the board to investigate the breach of the rules The sub-committee established in terms of Rule 1.1 shall be known as the Investigation Committee The Investigation Committee, having conducted an investigation in terms of the Rules set out hereunder, shall advise the chairperson of the Board of trustees in writing of its findings. The complainant and the respondent shall be notified in writing that the Investigation Committee is conducting an investigation into the complaint. The notice shall state the nature of the complaint, the Rule which has been breached, and date on which the conduct complained of occurred, and the fact that the respondent, despite having received a written warning from the Board, has persisted with the conduct complained of. The respondent shall within fourteen 14 days of the Notice being delivered to him or her either admit to or rebut the complaint(s) ADMISSION BY THE RESPONDENT Should the conduct complained of be admitted by the respondent then the investigation Committee shall advise the Chairman of the Board of Trustees, who shall convene a meeting, to which the respondent shall be invited. The respondent may give evidence in mitigation of his or her conduct at the meeting The Board, having considered the respondents admission and evidence (if any) in mitigation, shall, in its discretion, reprimand the respondent and /or impose a fine on the respondent in terms of Rule FAILURE TO COOPERATE WITH INVESTIGATION COMMITTEE 35.1 Should the respondent fail to cooperate with the Investigation Committee, then the Investigation Committee shall be entitled to draw the inference that the respondent has admitted to conduct complained of Notwithstanding the respondents failure to cooperate with the Investigation Committee, the chairperson of the board shall invite the respondent in writing to appear before a full meeting of the board to admit or rebut the complaint against 18

19 him or her, provided Rule 8 of this procedure has been complied with. 36 REBUTTAL BY THE RESPONDENT 36.1 If the respondent wishes to rebut the conduct complained of then such rebuttal shall be in writing The findings of Investigation Committee and the rebuttal of the complaint by the respondent shall be handed to the chairperson of the Board of Trustees. The chairperson shall send a Notice to the complainant and the respondent that the Board will meet, at a time and place specified in the Notice, to consider the complaint by the complainant against the respondent, and that the complainant and respondent may, if they so wish, advise the board that either one or both the complainant and respondent wish to attend the board meeting The board, after hearing all the evidence and considering the investigation Committees report and the rebuttal by the respondent, shall, by majority decision, either discharge the complaint or find the respondent guilty. 37 EXERCISE OF POWERS BY THE BOARD OF TRUSTEES Should the Board of Trustees find the respondent guilty of the breach complained of, them it shall exercise its powers in terms of Rules FAILURE TO COMPLY WITH AN ORDER OF THE BOARD Should the respondent fail to comply with the findings and order of the Board in terms of Rule 24.1, then the Board shall enforce its findings by taking action in terms of Rule 29 & 30 or in the Management Rules 39 ALTERATION OR CHANGES TO THE EXTERIOR OF UNITS: CONTRAVENTION OF RULE If it is alleged or brought to the attention of the board that the exterior appearance of a unit has, without the consent of the Board of Trustee, been altered by the occupant of a unit, and after investigation by the Investigation Committee it is found that the exterior of the unit has been altered, then the Board of Trustees shall direct the occupant of the unit to immediately restore the unit to it's original appearance Should the occupant of a unit fail to restore the unit as directed, then the Board of Trustees may: a. Employ an independent contractor to restore the unit to its original appearance and charge the costs thereof to the owner of the unit, and b. Fine the owner of the unit such an amount as it in its discretion shall deem appropriate. 19

20 39.3 Should the occupier of the unit fail to restore the unit to it's original appearance and fail to cooperate or in anyway hinder the contractor employed to restore the unit to it's original appearance, then the Board shall in terms of Rule 29 obtain a court order compelling the occupier of the unit to restore the unit to it's original appearance and seek from the court such other relief as it may deem necessary, and in addition may exact such other penalty in monetary terms that it is empowered to impose in terms of the House Rules and obtain a court order compelling the occupier to comply with the order of the Board of Trustees. 40 CONCLUSION The rules of conduct can be summarised as follows: 40.1 Mutual knowledge and recognition for each others rights and privileges Diligent compliance to responsibilities Consideration for others in your daily actions The creation and maintenance of the spirit of good neighbourliness. 20

21 ADDENDUM TO THE RULES The following fines will be levied in contravention of the relevant clauses of the Conduct Rules of Villa Daniella. 1. ILLEGAL PARKING R 500 per incident (Includes parking on the grass) 2. UNRULY BHAVIOR AT PARTIES R 500 per incident 3. CONTRAVENING THE CURFEW TIMES OF PARTIES R 500 first incident R1,000 subsequent incidents 4. STORAGE OF ANY GOODS ON BALCONY R1,000 per incident 5. DRYING OF CLOTHES ON BALCONIES R 250 per incident 6. LITTERING R 500 per incident 7. CONTRAVENTION OF ANY OF THE CLAUSES RELATING TO THE KEEPING OF PETS R 500 per incident NOTES: a) A warning letter will be sent prior to a fine being levied on a unit owner. b) Should a tenant contravene the rules, the fine will be levied on the owners levy account. The owner will be notified accordingly. c) The amount of the fines can be adjusted from time to time by the Trustees of the Body Corporate, should they deem is necessary. 21