AMENDED CONDUCT RULES 20 October 2010 For consideration by the Body Corporate, at a Special General Meeting on 25 November 2010 SILVER CREEK BODY CORPORATE 41 Lemon Wood Street HIGH VELD X 50 ECO PARK CONDUCT RULES Rules established for the Body Corporate of Silver Creek in terms of Section 35(2) of the Sectional Titles Act, 1986, hereinafter referred to as the Act Purpose The purpose of these House Rules is to permit the residents of Silver Creek to have full enjoyment of their sections and of the common property, as defined and dealt with in the Act, without interfering with the rights of other residents, and to contribute toward the efficient management of the complex. These rules are enforceable by law and must be observed by all owners and tenants. All the rules shall apply ipso facto to tenants and all persons who have obtained right of occupancy of a section in whatever manner, and no agreement with such residents that is contrary to this stipulation shall be binding. Owners wishing to sell their units must notify the trustees of their intention and after a deed of sale is signed, inform the trustees of the contact particulars of the prospective purchaser. Estate agents and or new owners must also be notified of the Conduct Rules. An owner or agent who lets a unit must advise the trustees, in writing of the name and contact details of the tenant, and must ensure that the tenant has a copy of these rules. Common Ground All areas are classed as common ground except those that are indicated for exclusive use areas on the approved, registered plans. NON-ADHERENCE and NON-COMPLIANCE to the Conduct Rules First reminder by Body Corporate in writing, thereafter a R100.00 (one hundred Rands) administration fee is payable on demand and thereafter all legal fees. Except for any limitations imposed at the General Meeting, the trustees will be responsible to enforce the rules of conduct. Animals, Reptiles and Birds ( Pets ) 1. (1) An owner or tenant of a section shall not, without the consent in writing of the trustees, which approval may not unreasonably be withheld, keep any dog, reptile or bird in a section or on the common property. (2) Cats will not be allowed in the complex. (3) The trustees may grant special approval for cats to be kept, but only in respect of cats that have already been kept in the complex before these rules have been amended during November 2010 and subject to (4) below. (4) Should the trustees grant special approval for a cat as per (3) above, Owners of the units will be responsible for the cost to repaint boundary and garden walls where cats climb over the walls. 1
(5) No dogs higher than 40cm, measured from the ground to the top of its back, standing up, will be allowed in the complex. (6) When granting such approval, the following conditions are prescribed: (c) (d) (e) (f) (g) (h) (i) (j) An owner or tenant may not keep more than two pets in a section or on the common property. All pets kept on the premises must be registered with the trustees. No pet will be tolerated on the common property without the owners supervision. Owners of pets must ensure that such pets remain on his premises and do not hinder neighbours. When selecting a dog as a pet, care should be taken for the dog s needs, i.e. area required for size of the dog. All dogs and cats must be sterilised and a certificate to that effect must be handed in to the trustees. Pets must wear identification tags that reflect the unit number as well as the telephone number of the owner. Noisy pets will not be tolerated. Owners are responsible for the cleaning up of their animal s mess made on the common property. The trustees may cause any roaming pet to be removed from the complex at the owner s cost. (7) Strict action will be taken against residents in the event of any breach of any condition prescribed in terms of sub-rule (2), which may include the the owner be fined R500.00 (five hundred rands) and the trustees withdrawing any approval to keep a pet in terms of these Conduct Rules. Refuse Disposal 2. Vehicles 3. (1) An owner or tenant of a section shall: (c) (d) maintain in a hygienic and dry condition, a receptacle for refuse within his section, his exclusive use area or on such part of the common property as may be authorised by the trustees in writing; ensure that, before refuse is placed in such receptacle, it is placed in refuse bags as approved by the City Council from time to time and that tins or other containers have been drained completely; for the purpose of having the refuse collected, place such receptacle within the area and at the times designated by the trustees; when the refuse has been collected, promptly return such receptacle to his/her section or other area referred to in paragraph. (1) Motor vehicles may only be parked in garages or on demarcated areas on the common property. (2) The trustees may cause to be removed, towed away or have wheels clamped, at the risk and expense of the owner, of all motor vehicles abandoned on the common property or parked in non-demarcated areas on the common property.. (3) Owners and tenants of sections shall ensure that their vehicles, and the vehicles of their visitors and guests, do not drip oil or brake fluid on to the common property or in any other way deface the common property. 2
(4) No owner or tenant shall be permitted to dismantle or affect major repairs to any vehicle on any portion of the common property, exclusive use area or in a section. (5) No vehicle with an axle mass exceeding 3.0 tons will be allowed on the premises. (6) Bicycles, motorcycles, tricycles, roller skates, caravans and trailers may not be left on any portion of a section or on the common property where it is visible to the public eye. Damage Alterations or Additions to the Common Property 4. (1) An owner or tenant of a section shall not mark, paint, drive nails or screws or the like into, or otherwise damage, or alter, any part of the common property without first obtaining the written consent of the trustees. (2) Notwithstanding sub-rule (1), an owner or person authorised by him, may install: Appearance from Outside 5. any locking device, safety gate, burglar bars or other safety device for the protection of his section; or 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. The owner or tenant of a section used for residential purposes shall not place or do anything on any part of the common property, including balconies, patios, stoops and gardens which, in the discretion of the trustees, is aesthetically displeasing or undesirable when viewed from the outside of the section. Signs and Notices 6. Littering 7. Laundry 8. No owner or tenant 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 of a section, so as to be visible from outside the section, without the written consent of the trustees. An owner or tenant of a section shall not deposit, throw, or permit or allow to be deposited or thrown, on the common property any rubbish, including dirt, cigarette buts, food scraps or any other litter whatsoever. An owner or tenant of a section shall not, without the consent in writing of the trustees, erect his own washing lines, nor hang any washing or laundry or any other items on any part of the building or the common property so as to be visible from outside the buildings or from any other sections. Storage of Inflammatory Material and other Dangerous Acts 9. An owner or tenant shall not 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. Letting of Units 10. 3
All tenants of units and other persons granted rights of occupancy by any 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. Eradication of Pests 11. Silence 12. Gardening 13. Fire hoses 14. An owner shall keep his section free of white ants, borer and other wood destroying insects and to this end shall permit the trustees, the managing agent, and their duly authorised agents or employees, to enter upon his section 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 woodwork or other material forming part of such section, which may be damaged by any such pests, shall be borne by the owner of the section concerned. (1) No loud music, noise or rowdy partying will be tolerated at any time day or night. (2) Vehicle horns may not be used on the common property. (3) Audio appliances, musical instruments and TV s must be used in such a manner as not to be heard in any adjoining sections. (4) Owners/Occupiers must ensure that no undue noise is caused on the common property or adjoining areas. (5) Strictly no fireworks permitted at any time. (1) No plants may be planted on the common property. All gardening on common property will be done by the general workers employed by the Body Corporate of Silver Creek unless otherwise agreed or specified. (2) The Body Corporate may employ a garden service provider to supply a basic garden maintenance service on the entire property, including cutting of all lawns in enclosed garden areas of all sections. (3) Residents must allow access to the sections, as required and informed by the trustees from time to time, for the purpose of cutting lawns as per (2) above. (4) Residents are, apart from the services obtained as per (2) above, responsible for the upkeep and neatness of their own gardens, beds and pruning as well as the removal of all garden refuse. Strict action will be taken against residents who leave garden refuse on common property. (5) Residents are responsible for the control of all creepers and trees planted in their gardens as not to endanger or damage the common property or adjoining sections. In the event of a dispute, the trustees may request the resident to trim or remove the plant or tree that causes the disruption. (1) Tampering with the fire equipment is strictly forbidden. Any damages/costs incurred to fire hoses and equipment will be for that individual s account. Fire hoses may not be used, except in case of fire or emergency situations. (2) No fire hose pipes to be used for the washing of vehicles. 4
Parking Areas 15. (1) No vehicles other than motor vehicles or motorcycles may be parked in demarcated parking areas on the common property.. (2) Doors of garages must be closed at all times. Children 16. (1) No games, roller-skates, riding of bicycles and skateboards is allowed on the common property, including passages and corridors. (2) Residents must supervise their children and those of their visitors so that no damage or nuisance is caused to the common property or nuisance is caused to adjoining sections. In particular, children may not play with the plants, decorations, and notice boards or between the motor vehicles of other residents on the common property. (3) Children are not allowed to climb or play on any roof, transformer or wall. (4) The Body Corporate of Silver Creek will not be responsible for any injury sustained by a child or children disobeying the Conduct Rules. Garages and/or Temporary Structures 17. Employees 18. (1) No persons will be allowed to stay in or sleep in a garage or a temporary structure such as a Wendy House or any other similar structures. (1) Caretaker (should a caretaker be appointed): (c) (2) General Workers: The duties and tasks of the caretaker will be determined by the trustees and no requests, instructions or additional tasks will be accepted by the caretaker from any resident. All requests and complaints must be submitted in writing to the relevant trustee/caretaker or managing agent. Any hostile or rude behaviour from the caretaker, or towards the caretaker, will not be tolerated and strict action will be taken in such instance. The above rules will also apply to all the general workers at Silver Creek.. Business Activities 19. Levies 20. The caretaker will be responsible for the assignment of tasks to the general workers. (1) No business, profession or trade may be conducted on the common property or on/from a unit. (2) No auctions or jumble sales are permitted on the common property or on/from a unit. (3) No advertisements or publicity material may be exhibited or distributed on the premises All levies are payable, in advance, on the first normal weekday of every month. Failure to do so will result in interest, all legal fees and a fine, as agreed upon by the Body Corporate from time to time in the Annual General Meeting, payable on demand. 5
Security on the boundaries of the complex 21 (1) All residents must ensure that boundary gates are kept locked at all times. (2) Owners will be responsible for the cost to repair damages caused by residents tampering with the electric fence on the boundaries. Access to the Eco Park security estate 22 All owners, residents, domestic workers and gardeners must be registered with the Eco Park Home Owners Association ( HOA ), and adhere to the HOA s rules in regard to access to the estate. Exemption of trustees 21. The Trustees are exempt from any claims or liabilities resulting from the implementation of the rules. The purposes of these rules are to enhance a harmonious, safe and happy environment for all residents in the complex. 6