THE BODY CORPORATE OF KERIN ANNE CONDUCT RULES

Transcription

1 THE BODY CORPORATE OF KERIN ANNE CONDUCT RULES FOR THE CONTROL, USE, SAFETY AND CLEANLINESS OF THE COMMON PROPERTY OF THE KERIN ANNE TOWNHOUSE COMPLEX AND OF ERF 123, PETERVALE, SANDTON 1. These Conduct Rules are to be read in conjunction with the Management Rules of the Sectional Titles Act No 95 of 1986 (previously the Sectional Titles Acts No 66 of 1971 and No 25 of 1976 as amended) of which they form an integral part 2. In this document, wherever the word OWNER is used, it shall be deemed to also apply to any Lessee, Occupant, guest or servant using or occupying a section, permanently or temporarily, including their families. 3. The onus rests on Owners to ensure that potential new Owners/Tenants/Occupiers of their units are given a copy of these Conduct Rules prior to taking occupation. It is the responsibility of every seller to ensure that any potential buyer of a unit is fully aware of the contents of these Conduct Rules. Every Owner shall be required to sign a form sent to them by the Managing Agent acknowledging that they have received a copy of the Rules and that they understand and will abide by them. 4. The onus rests on Owners and Occupiers of any unit to familiarise themselves with the provisions of the Management Rules and Conduct Rules of the Act -the principle of ignorantia juris neminem excusat (that is, ignorance of the Law excuses no-one) applies. When in doubt, the Managing Agent should be contacted. 5. These Conduct Rules apply equally to all Owners. 6. PURPOSE OF THE CONDUCT RULES These Conduct Rules exist to ensure that alt members of the Body Corporate can enjoy quiet, dignified and private lives living in the Kerin Anne Townhouse Complex. The Rules require co-operation between all members of the Body Corporate, the Trustees and the Managing Agents to oil the wheels of mutual respect, consideration and friendly co-existence amongst all. As servants of the Body Corporate, the Trustees are entrusted both by Law and resolutions of the Body Corporate to protect the lifestyle and reputation of the Kerin Anne Complex with a view to enhancing the value and desirability of the Complex as a whole. 7. BINDING NATURE The provisions of the Management Rules and Conduct Rules and the duties of the Owner in relation to the use and occupation of sections and the common property are binding on the Owner of any section as well as 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 family members, guests and servants. 8. GARDEN AREAS THE COMMON PROPERTY 8.1 An Owner is obliged to maintain the garden area of which he has the exclusive use as if it were part of his section, and shall take all reasonable steps to keep such area in a dean, safe, neat and attractive condition 8.2 An Owner shall not use his garden area or permit Ft to be used in such a manner or for such purpose as is likely to impair the safety, appearance or amenity of other sections or other parts of the common property. 8.3 An Owner shall permit any person authorised in writing by the Trustees of the Body Corporate access into his garden area for any purpose reasonably required, including the maintenance of such garden areas or the common property. 8.4 If an Owner fails to maintain or repair his section in a state of good repair as required by the Act, or fails to maintain adequately the garden area of which he has exclusive use, and such failure persists for a period of one month after the giving of written notice by the Trustees to repair or maintain the section or area, the Body Corporate shall be entitled to remedy the owners failure and to recover the reasonable cost of doing so from the Owner. 8.5 Trees, plants and creepers may not be allowed to encroach on adjoining garden areas nor to cause or threaten to cause damage to walls, roofs, guttering, facia boards or any other part of the buildings or driveways. Any damage so caused will be repaired for the account of the Owner concerned. Owners may not plant trees, shrubs, plants or creepers which may ultimately grow too large for the space available or whose foliage, branches or roots cause or threaten to cause structural damage. 8.6 A list of permissible trees and shrubs for planting in the garden areas is available from the Trustees. 8.7 No damage may be caused to any plants, shrubs or trees in the common property.

2 9. SWIMMING POOL AREA 9.1 Adults and children using the swimming pool do so entirely at their own risk. 9.2 Children unable to swim must be accompanied at all times by an adult in the swimming pool area. Children making use of the swimming pool are at all times the responsibility of their parents or guardians. 9.3 No person or child with an infectious or contagious illness or disease may enter the swimming pool area during the normally accepted quarantine period for the condition. 9.4 No unauthorised person is allowed to tamper with or adjust any pool cleaning equipment, including the filter plant and automatic pool cleaner. 9.5 Owners or Occupants using the swimming pool facilities must ensure that the area including change-rooms and toilets is left in a dean and tidy condition after use. All litter must be removed and if the communal braai facilities are used, they are to be properly cleaned by the user and restored under cover after use. 9.6 No domestic animals are permitted in the swimming pool area. 9.7 No dangerous games or games involving a hard ball or sharp objects are permitted in the swimming pool area. 9.8 Undue noise in the swimming pool area, particularly from children, is not allowed AT ANY TIME and Owners will be held responsible for the conduct of their guests and children. The pool area may be used for night-time parties provided they do not extend beyond 23HOO. 9.9 No equipment, garden furniture or any other item belonging to the Body Corporate may be removed from the swimming pool area unless prior permission has been obtained from the Trustees. 10. WALKWAYS 10.1 To prevent hawkers, non-invited guests and other trespassers from gaining ready access to the Complex, the doors at the eastern and northern ends of the main walkway must be kept locked when not in use by an Owner or a Complex gardener. The door at the western end of the main walkway must be kept locked from I7HOO to 07HOO daily. The Body Corporate will hold any Owner responsible for loss or damage occasioned by the negligence of the Owner or his or her agent, including domestic servants, in this regard Walkways are to be kept in a clean and tidy condition at all times. 11. DRIVEWAYS 11.1 Anyone using the driveways for any purpose does so at their own risk Residents and their guests or agents are not permitted to park their cars, motorbikes, caravans, trailers, boats or any other vehicle in such a way as to hinder any other resident or obstruct maintenance, cleaning or gardening activities No vehicle of any description may be parked on the pavement gardens abutting Frans Hals Street. Lorries or trucks are only allowed to park on the common property for immediate loading and unloading purposes Driveways are to be kept in a dean and tidy condition at all times Vehicles should be driven carefully and not in excess of 15 km/h For security and aesthetic reasons, garage doors must be kept closed when not in use.

3 THE TOWNHOUSE AREA 12. UNITS 12.1 Owners are obliged to maintain their units in good, dean and habitable condition and are responsible for all interior painting, plumbing repairs (including blocked sewers and faulty geysers), electrical repairs, and any other maintenance or repair work pertaining to their units An Owner shall permit any person authorised in writing by the Trustees of the Body Corporate, at all reasonable hours and with notice (except in case of emergency when no notice shall be required), to enter his section for the purpose of> Inspecting it and maintaining, repairing or renewing pipes, wire, cables and ducts existing in the section and capable of being used in connection with the enjoyment of any other section or common property Maintaining or repairing common property Ensuring that the provisions of the Act and the Conduct Rules are being observed Any damage to the townhouse complex or common property, including driveways and walls, caused by an Owner or resident or guest will be repaired for the account of the Owner concerned Townhouse numbers must be displayed in accordance with municipal bye-laws No business or profession, auction, jumble-sale or any activities of a non-domestic nature may be conducted within the Complex without the express permission of the Trustees Laundry or linen or clothing must be hung in the areas specially designated for that purpose No advertising or promotional material of any nature may be displayed anywhere within the Complex. 13. SECURITY 13.1 It is the responsibility of Owners to take adequate precautions for their own home safety No firearms, pellet guns or any other weapons may be displayed or used on the common property Fireworks are not allowed The making of fires, other than in a properly ventilated designated indoor fireplace or in a braaifire receptacle, Is expressly forbidden anywhere on the Complex premises No dangerous, illegal or harmful substances may be harboured, stored or used anywhere on the Complex premises, nor any goods which may vitiate any insurance policy held by the Body Corporate The overloading of electrical circuitry or the use of defective or faulty electrical wiring or equipment, including for example heaters, irons, portable stoves, tools, decorative lighting, etc., is expressly forbidden Illegal gatherings or gatherings likely to disturb the peace or cause public controversy are not permitted anywhere on the Complex premises Automatic driveway gates to the North Block are to be kept closed AT ALL TIMES after entering or exiting the complex. 14. STRUCTURAL ADDITIONS/ALTERATIONS 14.1 No structural additions or alterations to the premises, roofs or attics, including any alterations to the water supply, electrical reticulation or drainage systems, may be undertaken without the prior written consent of the Trustees Any installation, repair or maintenance work legally requiring professionally competent execution may only be undertaken by a property certified technician for the work undertaken with the current signing authority to authenticate his work No solar heating equipment may be installed unless detailed drawings and specifications covering the

4 entire installation are first submitted to the Trustees for written consent No air-conditioning plant, masts, aerials, antennae or other protuberances visible from outside may be installed, with the exception of satellite dishes which must be positioned against the north wall of the building in the most inconspicuous position possible. Written consent must be obtained from the Trustees before any such apparatus is erected, and if and when a satellite dish is removed by an Owner or Tenant, any damage caused to the building by such removal must be made good to the satisfaction of the Trustees No awnings or other exterior coverings may be erected without the prior written consent of the Trustees No exterior wall or garden wall may be painted without the prior written consent of the Trustees It is strongly recommended that when renovations of bathrooms are done, that new plumbing be Installed so that the old pipes do not present a problem further down the line, 15 INSURANCE 16 REFUSE GENERAL 15.1 Owners or Occupants are responsible for insuring their household contents Any Owner may increase the replacement value of his units to cater for enhanced fixture values by advising the Trustees in writing of his request. The total insurance for the Complex will be increased accordingly and the Owner will be charged for the extra insurance thus effected Owners or Occupants are advised to arrange their own personal liability insurance to cover themselves against possible third-party claims involving their units Normal household and garden refuse must be packed into proper refuse bags and lefty for collection by the Complex gardeners on the allocated days For health reasons and to stop scavenging dogs being attracted, refuse bags must be properly closed when left for collection Refuse bags may not be left out overnight 16.4 Any other refuse or rubble must be disposed of by the Owner of Occupant at a municipal refuse dump, and may not be discarded in the Complex refuse bins. 17 CONDUCT 18 PETS 17.1 Owners and Occupants may not cause or permit any disorderly conduct in their units or on the common property which shall cause an affront, nuisance or inconvenience to any other resident or in any way injure the reputation of the Complex 172 Out Of deference to the rights of others, UNDUE NOISE IS NOT PERMITTED ANYWHERE WITHIN THE COMPLEX AT ANY TIME No pets are allowed in the Complex without the prior written permission of the Trustees. Such permission may be withdrawn and the Trustees shall have the right to require any animal, to be removed permanently from the Complex Any animal excrement deposited on the common property must be removed immediately by the animal's owner In no event are animals permitted In any of the public portions of the Complex unless carried or on a leash. 19 GARDENERS/DOMESTIC WORKERS 19.1 Any extra gardening required by Owners may be done by the Complex gardeners provided it is out of their normal working hours and paid for at accepted current rates., maintenance or clearing chores Owners and residents must ensure that their domestic servants do not loiter nor litter on the common property nor cause undue noise.

5 20 CHANGE OF OWNERSHIP/MOVING Owners are obliged to inform both the Trustees and the Managing Agents of any potential change in occupancy, ownership or any mortgage pertaining to their units, immediately they are aware of any such potential change. 21 SUGGESTIONS/COMPLAINTS Suggestions regarding the management of the Complex and any complaints may be addressed in writing to the Trustees of the Body Corporate via the Managing Agents. 22 OCCUPANCY 23 WATER 22.1 It is not permitted that Owners allow more than six people to reside in their section, which is the number of specified bedrooms as depicted on the complex building plans, multiplied by two Under no circumstances is it permitted to house visitors, guests, or any other people in the garages or storerooms or anywhere on the common property. The cost of water is a major component in the expense budget and hence in the levy rate. Owners and Occupants are to minimise their water usage wherever possible, particularly in regard to the watering of gardens. The onus rests on Owners to ensure that their geysers do not leak onto the roof and into the gutters