1. Without detracting from the scope of the additional duties specified in rules 29 to 45, inclusive, and subject to the provisions of such rules, the trustees shall perform the function entrusted to them by sections 37 and 39 of the Act.
2. The Trustees shall do all things reasonably necessary for the control, management and administration of the common property in terms of the powers conferred upon the body corporate by section 38 of the Act.
3. The Trustees shall do all things reasonably necessary for the enforcement of the rules in force.
CONDUCT RULES – DEFINITIONS
A. SCHEME
The scheme means the Sectional Title Development known as Warnadoone
B. SECTION
Section means the Section/Unit registered in an Owner’s name, and includes any areas of the common property set aside for his/her exclusive use.
C. COMMON PROPERTY
Common property is that part of the building/grounds to which all owners have access, and excludes those parts of the building/grounds to which exclusive use has been granted to an Owner.
1 RULES
ANIMALS1.1
No animals e.g. dogs, cats, reptiles, birds are allowed in the flats or the surrounds of the complex unless agreed to by the Trustees.
1.2 When granting such approval, the trustees may prescribe any reasonable condition.
1.3 The trustees may withdraw such approval in the event of any breach of any condition prescribed in terms of sub-rule 1.2.
2. ERADICATION OF PESTS
An owner shall keep his section free of white ants, borer, other wood destroying insects, cockroaches and other insects. In the event that a problem is discovered, the owner/tenant shall advise the trustees immediately.
3. GARBAGE
3.1 All refuse for removal by cleaners, shall be placed in sound, closed plastic bags, and placed outside the flat door leading to the corridors before 07H00. Bottles and glassware must be separate from the general refuse, and placed in a separate refuse packet. Refuse may not be left in corridors overnight.
3.2 The garbage area will be open daily from 08H00 to 15H30 Mondays to Fridays.
3.3 Residents must ensure that their refuse is not dumped in front of the garbage area gate after normal working hours.
3.4 The garbage area is for household refuse only. Items such as building materials, garage rubble, car parts, broken furniture, carpets etc. must be removed from the premises by the resident.
4. LITTER
No litter of any description shall be strewn or left lying about on common property. Refuse, fruit, papers, cigarette butts or other articles may not be thrown out of windows, or from any other part of the building.
5. LAUNDRY
A clothes horse may be used inside your unit, to dry or air laundry, rugs, towels etc., as long as it is not visible from outside.
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6. APPEARANCE FROM OUTSIDE
Residents of any flat shall at all times maintain in a state of good repair and clean condition, all blinds, curtains and other fittings which are visible to the public view, failing which the Trustees shall have the right to require their removal.
7. STRUCTURAL ADDITIONS OR ALTERATIONS
Structural changes must be submitted to the Municipality for approval. Alterations and renovations must not be effected without the prior written consent of the Trustees, and then subject to conditions as the Trustees may impose. The supervisor has a schedule regarding this matter, which must be read and signed by the owner and the renovator.
8. NOISE AND CONDUCT
8.1 Owners of flats shall at all times be responsible for their families, visitors, tenants and employees.
8.2 Residents must ensure that excessive noise or disorderly conduct of whatsoever nature does not annoy or inconvenience other residents at any time. Residents may not permit any act, matter or thing in or about the premises, which shall constitute or cause a nuisance or any inconvenience to staff employed by the Body Corporate, to the Body Corporate, or any other occupier of the premises. This includes the volume of radios, televisions, record players, etc.
8.3 Children are not allowed to play in lifts, passages, stairwells or entrance hall. No unaccompanied children under 10 years are allowed in lifts. Parents are requested to consider their neighbours as much as possible by ensuring that their children are not a nuisance to other residents.
8.4 No persons on roller skates, skateboards, wheeled toys, tricycles or bicycles or ANY BALL GAMES, are allowed in or outside the buildings or the common property.
8.5 No work which causes undue noise may be carried out except between the hours of 08H00 and 16H30 weekdays and 08H00 and 12H00 on Saturdays. No work may be carried out on Sundays and Public Holidays. See rules regarding renovations – copy of which is in the office.
8.6 No fireworks of any description are allowed to be ignited in the building or on the premises at any time.
8.7 Leave the braai area in a clean and safe condition after use.
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8.8 Persons returning from the beach, who are covered in sand are required to wash the sand from their legs and feet, and then dry themselves properly, before entering the building.
8.9 No smoking is permitted inside the lifts, foyers or corridors.
9. FIRE
9.1 Fire Escape: THE FIRE ESCAPE IS FOR EMERGENCIES ONLY, and shall not be used as an exit/entrance gate under normal circumstances.
9.2 No fires/braai’s are allowed in the garages, as this is dangerous and contravenes the Insurance Policy.
9.3 An owner or occupier 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.
10. LETTING OF FLATS/ALL NEW ARRIVALS INCLUDING NEW OWNERS AND MAJOR RENOVATIONS
10.1 Any owner, who lets his/her flat, must inform their tenants to report to the Supervisor on arrival. The official office hours are weekdays 07H30 to 16H00. A copy of the House Rules will be handed to the tenant. All new arrivals must report to the Supervisor, sign the register, and supply their full details. All sections shall be used for residential purposes only, and for no other purpose whatsoever. No more than 6 persons to use or occupy flats (excluding Flat 3 which is allowed 3 people, and the Penthouse which is allowed 8 people). This applies to owners, tenants and holidaymakers.
10.2 A non-refundable moving fee is to be charged when moving in. The amount to be charged is 20% of the average monthly levy.
10.3 When major renovations are carried out owners are liable for a deposit in the amount of the average monthly levy. 80% of the deposit is refundable with the other 20% going towards any damage caused by building rubble and materials carried in the lift.
10.4 The office holds spare keys to every unit and your garage in case of an emergency. If your locks are changed the supervisor must be given a duplicate key.
11. LABOUR
Residents are not permitted to request or instruct Body Corporate employees to carry out any work during working hours. Employee’s daily schedule is at all times controlled by the Supervisor and Trustees.
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No owner may leave spare keys with the supervisor or the guard on duty, which is to be handed over to their holiday makers on arrival.
12. COMPLAINTS
All complaints are to be put in writing in the Complaints Book at the office or placed in the complaints box by the notice board. Verbal complaints will not be considered, unless in a case of an emergency.
13. CLAIMS
The use of common property is at own risk. No claims for personal injury or damage to or loss of property will be considered, unless it can be proved that the Body Corporate was negligent. The Body Corporate cannot be held responsible for the loss of or damage of any kind whatsoever to or theft of residents property inside the residential flat, the allocated parking areas, garage or on the common property. This includes motor cycles, motor vehicles, trailers, etc. and their contents. The geyser insurance claim excess paid by the Body corporate will be recovered from the Section owner.
14. SPEED LIMIT
A speed limit for all vehicles is 10kph on the complex.
15. FRONT ENTRANCE
Furniture, and working equipment e.g. ladders, building material etc. may only be moved through the back entrance, and not through the front foyer, unless too large to get through the back door. Please advise Supervisor of intention to move furniture in/out of the building.
16. GARAGES
Although the garages are registered as common property, each flat is allocated a garage for parking only. Garages are for your exclusive use, as is your flat, and as such the onus of maintenance is at your expense, this includes your garage locks and door mechanisms. If an owner of a flat wants to give permission for his/her “exclusive use garage”, which is registered against their flat, to be used by someone else, he must obtain permission from the Trustees, this must be controlled by the Supervisor. No one may use more than one extra exclusive use garage if available. No owner or tenant may use their “exclusive use garage” as a store room or workshop. As per Sect 44 (1) (g) of the Act. Garages can be used as storage with the owner’s consent on a temporary basis while upgrades are carried out in their flats. Where a garage cannot be used for parking a car in it for a period exceeding 24 hours, the supervisor is to be notified
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17. PARKING
a. Common Property parking bays may be used on a first come first use basis.
b. The wash bay may be parked on between 19H00 and 05H30.
c. Any car parked in the same legal parking bay for a period exceeding 24 hours, will be considered as illegally parked and be subject to a R300.00 fine per offence.
d. Vehicles parked illegally (not in a recognized parking bay) will also be subject to a fine of R300.00 per offence.
e. Flat owners will be responsible for Tenants, holidaymakers or friends who park illegally and the owner of the flat will be fined R300.00 per offence.
f. Any unidentified vehicle will be deemed to be an abandoned vehicle and will be reported and towed away at the owners cost and risk in terms of the law.
g. The occupants of a flat may not use more than one of the Common Property parking bays at a time. (One flat, one bay, irrespective of the number of occupants). Should this rule be disregarded a fine of R300.00 per offence will be imposed.
h. “Parking offence tickets” will be issued and a copy of the “ticket” will be passed on to the administrators. They will be instructed to include the fine or fines together with the monthly levy account.
i. No boats or caravans are permitted on Common Property.
j. The rules apply to vehicles parked in the trailer parking bays. Special dispensation may be given to park vehicles in the trailer bays provided the space is not booked for trailer use.
k. Trailers will be allowed to remain in the trailer bay, provided there is space available and the bay has been booked beforehand for a specific period of time.
l. A permanent resident may not park a trailer in the trailer bay on a permanent basis.
m. Owners and occupiers shall ensure that their vehicles does not drip oil or brake fluid on the common property, and may not dismantle and effect major repairs to any vehicle on any portion of the common property.
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18. BUSINESSES
Owners or occupiers shall not contravene, or permit the contravention of any law, by-law, ordinance, proclamation or statutory regulation, or the conditions of any license, relating to or affecting the occupation of the building or the common property, or the carrying on of businesses in the building, or so contravene or permit the contravention of the conditions of the title applicable to his section or any other section or to his “exclusive use” area or any other exclusive use area.