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1. APPLICABILITY
1.1 These Conduct Rules, together with the provisions of Sectional
Titles Schemes Management Act 8 of 2011, as amended from
time to time, are applicable to and binding upon all Owners of
Units, Tenants and other Occupiers of Units.
1.2 It shall be the responsibility of an Owner to ensure compliance
with the Conduct Rules by all Occupiers of his Unit, and his or
their visitors, guests, employees and contractors.
1.3 The Trustees or Managing Agents, duly authorised, shall, be
entitled to recover all legal costs (including costs usually
regarded as attorney and client costs) incurred by the Trustees
or Managing Agents, duly authorised, in enforcing compliance
with the Conduct Rules.
1.4 The Trustees or Managing Agents, duly authorised, may (as
referred to in Conduct Rule 25) add the penalty imposed on an
Owner to his contribution payable and the Trustees or
Managing Agents, may further, recover interest on any arrear
amounts from an Owner.
1.5 The Management Rules shall be in terms of the Section 10
Sectional Titles Schemes Management Act 8 of 2011.
2. INTERPRETATION
2.1 The clause headings are for convenient reference and shall be
disregarded in construing these Conduct Rules.
2.2 Unless the context clearly indicates a contrary intention:
2.2.1 The singular shall include the plural and vice versa;
and
2.2.2 A reference to any one gender shall include the other
genders; and
2.2.3 A reference to natural persons includes juristic
persons, trusts and partnerships and vice versa.
2.3 Words and expressions defined in any Conduct Rule shall,
unless inconsistent with the context, bear the meaning
assigned to such words and expressions in such Conduct
Rule.
2.4 Words and expressions defined in the Sectional Titles
Schemes Management Act 8 of 2011, and annexures shall, in
all Conduct Rules, unless inconsistent with the context, bear
the meaning assigned to such words and expressions in the
Sectional Titles Schemes Management Act 8 of 2011, and
annexures thereto.
2.5 When any number of days is prescribed in these Conduct
Rules, the same shall be reckoned exclusively of the first and
inclusively of the last day unless the last day falls on a
Saturday, Sunday or proclaimed public holiday in the Republic
of South Africa, in which event the last day shall be the next
succeeding day which is not a Saturday, Sunday or public
holiday.
2.6 Where numbers are expressed in words and in numerals in
any Conduct Rule, the words shall prevail if there is any
conflict between the two.
3. DIRECTIVES
3.1 The Trustees or Managing Agents, duly authorised, may issue
Directives in connection with any Conduct Rule.
3.2 The Directives shall not be in conflict with any other
Management Rule, Conduct Rule or the Guidelines.
3.3 The Directives shall provide direction as to the practical
application of a Conduct Rule.
4. GUIDELINES
4.1 The Trustees or Managing Agents, duly authorised, shall from
time to time prepare and revise Guidelines in respect of
exterior alterations referred to in Conduct Rule 6. The
Guidelines may contain specifications and sketch plans as to
the nature, design, material, colour and manner of installation
required to ensure uniformity of construction.
4.2 Unless the existing Guidelines were approved by the members
by ordinary resolution majority at the meeting at which these
Conduct Rules were adopted, the Guidelines shall be so
adopted at the first subsequent Annual General Meeting.
4.3 At every subsequent Annual General Meeting any
amendments proposed by the Trustees or Managing Agents,
duly authorised, shall be tabled for consideration and approved
by the Members by ordinary resolution majority, with or without
amendment.
4.4 The Guidelines shall, by virtue of these Conduct Rules, be
binding upon Owners and Occupiers and shall be strictly
adhered to by them.
5. USE OF UNIT AND/OR COMMON PROPERTY
5.1 No Owner or Occupier of a Unit may, without the prior consent
of the Trustees, duly authorised: –
5.1.1 Use the Unit for any purpose other than residential
accommodation, save for designated commercial and
retail use.
5.1.2 Allow more than 2 (two) persons in a studio residential
Unit, 2 (two) persons in a one bedroomed residential
Unit or 4 (four) persons in a two bedroomed residential
Unit, excepting in special circumstances for a short
duration of time and with written authorisation from the
Trustees, duly authorised. These numbers include any
overnight visitors per unit. Overnight visitors are
included in the headcount of the maximum number of
persons allowed in a Unit. Non-overnight visitors must
leave the premises by 12h00 midnight.
5.1.3 Allow more than 7 (seven) visitors at any given time in
a Unit. For any additional visitors, written permission
must be obtained from the Trustees, duly authorised.
5.1.4 Hold or permit to be held any auction or a fête in the
Unit or on the common property.
5.1.5 Allow any advertisement, name or lettering of any
unsightly size, colour or character to be painted on or
affixed to any wall, building or structure on the land
and no advertisement, name or lettering of any kind
shall be painted on or affixed to the roof of the
buildings, save for signage allowed for the
Commercial/Retail Components.
5.1.6 No Owner or occupier of a Unit 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 Unit
without written consent of the Trustees, duly
authorised, first having been obtained. Signage will be
governed by the Trustees in terms of standard design
guidelines for the placement of such signs. Only
signage with direct reference to the type of business
being conducted on any Retail Unit will be permitted.
Signage and/or obstacles placed on the common
property which is not in keeping with the Body
Corporate regulations may be removed by the
Trustees or Managing Agents, duly authorised, without
the Unit Owner’s consent. The cost thereof shall be for
the Unit Owner’s account.
5.1.7 Erect, keep, store, leave or allow to be erected, any
article or thing on any part of the common property.
5.1.8 Remove any shrub, tree or plant on or in the common
property including exclusive use areas.
5.1.9 Carry on any noisy, injurious or objectionable trade or
business of any kind in any Unit or on the common
property.
5.1.10 It is not permitted to loiter in and or obstruct the
catwalks, stairwells and lifts. The common property
shall not be used for gatherings or parties of any
nature whatsoever.
5.2 An Owner or Occupier shall not place or do anything on any
part of the common property or on the balcony or patio of his
Unit, which in the Trustees’ opinion, is aesthetically displeasing
or undesirable when viewed from outside the Unit. No items
may be hung over balcony walls or out of windows, in corridors
or on any part of the building or the common property so as to
be visible to the public or other occupiers. Laundry may not be
hung over unit balcony railings or walls or anywhere on the
common property. Laundry must be placed below the level of
railings and walls.
5.3 An Owner or Occupier shall ensure that all external windows
shall have fitted curtains and/or fitted blinds to screen such
windows, which curtains and/or blinds must be in good condition and must present a neutral coloured curtain lining or
colour (white, off-white, cream or beige only). Any variance
must be approved by the Trustees on written application.
5.4 An Owner or Occupier shall ensure that any interior
alterations, which are visible from outside of the Unit, must be
approved in writing by the Trustees or the Managing Agent,
duly authorised, prior to any such alternation being effected.
5.5 An Owner or Occupier shall be responsible for the
maintenance of the water proofing of his/her balcony. Any
damage occasioned to any other Unit or Common Property as
a result of any such Owner failing to attend to such
waterproofing maintenance, shall be liable to make good all
such damages.
5.6 An owner or occupier of a section shall not place or do
anything on the common property, including balconies and
gardens, which, in the discretion of the Trustees, is
aesthetically displeasing or undesirable when viewed from the
outside of the section.
5.7 An owner or occupier of a section shall not, without the
consent in writing of the Trustees, erect 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.
5.8 Any pot plants on balconies are to be of a style and colour as
specified by the managing agent.
5.9 Any furniture placed on balconies is to be of a style and colour
as specified by the Trustees or Managing Agents, duly
authorised and must be white in colour.
5.10 An owner or occupier shall ensure that any broken window
pane is replaced within 3 working days of breaking from
whatsoever cause.
5.11 If an owner or occupier wishes to fit a security gate to their
sliding balcony door this must be of a design approved by the
managing agent, must be fitted inside the door i.e. within the
section, and it must match the colour of the sliding door.
5.12 If an owner or occupier wishes to fit a security gate to their
front door this must be of a design approved by the Trustees
or Managing Agents, duly authorised, may be fitted outside the
door i.e. outside the section, and it must match the colour of
the front door.
5.13 The Owner and/or Occupier shall have the right of reasonable
use, having regard to the right of the other Owners and/or
Occupiers of the common property.
5.14 The Owner and/or Occupier shall be responsible for and make
good any loss of, damage and unapproved additions and
alterations to the common property and the furniture and
fittings therein belonging to the Body Corporate and/or
Trustees or the Managing Agents, duly authorised, together
with any damage sustained to any other Units caused by any
act of on the part of the Owner and/or Occupant of the
Owner’s Unit or any of his invitees or any other person
permitted access to the common property or other Units by the
Owner and/or Occupier.
5.15 The Owner and/or Occupier will not use or permit the Unit to
be used for illegal or improper purposes, or in a manner, which
creates a disturbance to other persons.
5.16 The Owner and/or Occupier undertakes to comply with the
Management and Conduct Rules and any other measures
imposed by the Trustees or Managing Agents, duly authorised,
from time to time, and shall ensure that its invitees so comply.
5.17 It is recorded that the Conduct Rules have been compiled to
promote a safe, orderly and pleasant living environment.
5.18 Signage by Developer
The developer, Cape Town 4 Properties (Proprietary) Limited,
Registration No 2015/089493/07 or its nominee, shall have the
right to display signage, billboards, etc., in order to effect the
marketing of the Scheme until such time as the last Unit is sold
and transfer effected.
6. DAMAGE, ALTERATIONS OR ADDITIONS TO A UNIT AND
TO THE COMMON PROPERTY
6.1 An Owner or Occupier of a Unit 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
prior written consent of the Trustees or Managing Agents, duly
authorised.
6.2 To ensure uniformity of appearance, an Owner or Occupier
shall not undertake any visible alteration, addition, extension,
renovation, repairs or decoration to the exterior of his Unit or to
the common property, including but not limited to, without the prior written consent of the Trustees or Managing Agents, duly
authorised, to:
6.2.1 install any locking device, safety gate, burglar bars or
other safety devices for the protection of a Unit, which
shall be in accordance to the Standard Trellidor
Design included in the Handover Pack. Such standard
design shall be determined by the Trustees or
Managing Agent as duly authorised. Armed response
and burglar alarm contracts may only be entered into
with National Security
6.2.2 install a canopy on a Unit.
6.2.3 install a screen or other device to prevent the entry of
animals, insects, etc.
6.2.4 install any outside TV-aerial, satellite dish, or any other
device for the reception or transmission of radio, WiFi,
television or other signals, solar heating systems,
skylights, chimneys or chimneys flues etc., anywhere
on the premises.
6.2.5 make any structural, decorative or other alteration or
addition to a Unit externally or internally to the extent
that it can be seen externally.
6.2.6 any alteration to plumbing and electrical wiring or
conduits and pipes.
6.2.7 No air-conditioning units may be installed in any of the
apartments at Obs Court and only ceiling or other fans
and heaters may be installed or used in the
apartments.
6.2.8 No religious signs, flags and the like may be displayed
externally from any balcony or window.
6.3 All alterations are to be approved by the Trustees, duly
authorised. A Municipal approved plan with a R15,000,00
refundable damages deposit or such greater amount as the
Trustees or Managing Agents, duly authorised, may decide, is
to be submitted prior to commencement of construction.
Building operations are to be conducted during standard
working hours, which are Monday to Friday between 08h00 –
17h00. Any deviation from these set hours is to be approved
by the Trustees, duly authorised. All building rubble and
cleaning of areas to be done daily and for the Owner’s
account.
The aforementioned deposit shall be paid into the account of
the body corporate with the interest accruing for the body
corporate’s account in lieu of the administration of the deposit.
Any charges, expenses or costs accruing against the owner
arising from matters contained anywhere in the aforegoing
conditions are payable on demand and shall be deducted
from the deposit. However, should the amount of the deposit
prove insufficient to meet the whole of such costs, then such
deficiency shall be payable on demand. Any balance of the
deposit remaining shall be repaid to the owner after completion
of the work and after all charges have been deducted. It shall
be the responsibility of the owner to ensure that its contractors
and workmen comply herewith.
6.4 Owners / Occupiers who wish to undertake alterations to and
renovations of their unit must appreciate that their proposed
activities may affect others within the development and it is
important that any detrimental impact is kept to an absolute
minimum and that, once started, the work is completed
expeditiously within the work period applied for. It is the
function of the Trustees to ensure that all alterations and
renovations undertaken are done with reasonable and diligent
care and with due and proper consideration for the remaining
owners and occupants. The Trustees will delegate this function
to the managing agents who will carry out this function in terms
of their appointment. An owner or occupier shall adhere to any
rules, regulations and/or directions made and/or given by the
Trustees or the managing agents, duly authorised in respect of
any alternations and/or renovations undertaken by such owner
or occupier.
The following broad definitions shall apply:
6.4.1 “alterations” shall mean any work involving structural
alterations or additions to a section or unit involving
the removal, creation or modification of a wall or any
structural part of the building and shall include any
alterations, modifications or decorative work which
affects the exterior appearance of a section or unit;
6.4.2 “renovations” shall mean any redecoration or
refurbishment of the interior of a unit including the
replacement, removal or creation of internal fittings such as kitchen and other cupboards, sanitary ware,
floor coverings, etc;
The Trustees shall determine in their sole discretion whether
the work proposed constitutes “alterations” or “renovations” as
referred to herein.
The procedure for obtaining approval shall be as follows:
Alterations
Where alterations as defined above are involved:
a. an application with a sketch plan of the proposed
alterations, shall be submitted to the Trustees for
approval in principle to be obtained;
b. after approval in principle by the Trustees, it is the
responsibility of the owner to see that, if necessary,
professionally prepared plans (which may not deviate
from the sketch plan) are duly approved by the local
authority;
c. a copy of the plans as approved by the local authority
shall be submitted to the Trustees or the Trustees
shall be supplied with evidence satisfactory to them
that local authority approval is not required;
d. if the Trustees, in their sole discretion, consider it
necessary they shall be entitled at the cost of the
applicant to seek the advice of an architect (or other
professional assistance) as to the acceptability of the
proposals.
e. Contractors appointed to carry out alterations to a
section or unit, must have Contractors All Risks
insurance in place, incorporating the following cover
and minimum limits of indemnity (which amounts may
be increased by the Trustees, in their sole discretion):
i. Contract Works: Value of the contract
ii. Third Party Liability: R10 million
iii. Damage to Surrounding Property: R10 million
f. Proof that Contractors All Risks insurance is in place,
incorporating the above cover and minimum limits of
indemnity, must be provided to the Building Manager,
before Contractors are allowed on site.
g. The Trustees or Managing Agents, duly authorised,
with whom a date for the commencement of the work
shall be arranged, will convey written confirmation, in
the form of a commencement certificate, to the
applicant Owner, serving as confirmation that the
approved work may commence.
h. No work may commence until such time as Trustees’
approval has been conveyed by the Trustees or
Managing Agent, duly approved, as set out above, and
further upon confirmation that the deposit as set out in
Conduct Rule 6.3 has been paid.
Renovations
Where only renovations as defined above are proposed, the
application shall be submitted to the Trustees for approval in
principle to be obtained.
a. Written confirmation that the work may proceed will be
conveyed to the owner by the Trustees with whom a
date for the commencement of the work shall be
arranged. The Trustees shall also supply information
in respect of access by contractor’s workmen and the
maintenance of security within the building;
b. No work may commence until written approval has
been conveyed by the Trustees to the owner as set
out above and a R15,000,00 refundable damages
deposit or such greater amount as the Trustees or
Managing Agents, duly authorised, has been paid to
the Trustees;
c. The owner accepts responsibility for any damage
caused, either personally or through contractors, to
common property or to other units in the scheme and
hereby indemnifies other owners and the body
corporate against such damage;
d. The common property shall not be used by contractors
for any preparation work like cement mixing,
temporary storage of building materials or rubble.
Should any mess occur on the common property,
contractors must clean it up each afternoon before leaving the site, failing which the Trustees shall be
entitled to appoint building staff to do so at overtime
rates, at the owner’s sole expense;
e. No rubble shall be left in the grounds of the scheme
overnight;
f. All doors and windows installed shall conform in
outward appearance with the other doors and windows
installed in similar positions elsewhere in the building;
g. Each owner hereby indemnifies the body corporate in
respect of any damage caused to the common
property, either inside or outside the building, and shall
pay all costs of repairing or restoring the damages
caused during the course of carrying out any
alterations or renovations to such owner’s section.
6.5 Owner or Occupier of a Unit shall ensure that any broken
window pane is replaced within 3 (three) days of breaking from
whatsoever cause failing which the work can be carried out by
the Body Corporate or the Managing Agent, duly authorised,
on behalf of the Owner, and the Owner will be liable for the
costs thereof.
6.6 An Owner wishing to enclose a portion or the whole of his/her
balcony and included within his/her Unit shall firstly obtain the
consent for such enclosure by way of a special resolution from
the body corporate and if granted, shall thereafter submit plans
and obtain approval from the controlling authority.
7. BEHAVIOUR OF OWNERS, OCCUPIERS AND GUESTS
7.1 All Owners and Occupiers shall ensure that their use of their
Unit and of the common property and its facilities is at all times
conducted in such a manner as not to:
7.1.1 cause a nuisance, disturbance or inconvenience or
annoyance to any other Owner or Occupier,
particularly in the form of loud music, radio or
Television or irritable audible noisome sound. Noise
shall at all times be kept to a minimum. Radios,
televisions, record players, compact disc players, tape
recorders, cellular phones, Ipods and other music
players and musical instruments shall be used in such
a manner that they cannot be heard from neighbouring
units. This includes no slamming of security gates/front
doors/inside doors, and no shouting, screaming,
singing and running on the common property, parking
areas, stairwells, foyer and landings.
7.1.2 detrimentally affect the rights and interests of other
Owners or Occupiers.
7.2 Owners and Occupiers shall be responsible for the behaviour
of their guests and shall be liable for any damage caused by
them. Any damage caused by such guests shall be repaired at
the cost of the Owner or Occupier concerned, within 7 (seven)
days of written notice by the Trustees, to the satisfaction of the
Trustees, duly authorised. In the event that such damages had
not been repaired within the aforesaid time period, the
Trustees or the Managing Agent, duly authorised, shall attend
to the repair thereof at the expense of such Owner and/or
Occupier.
7.3 No Owner, Occupier or guest shall be permitted to use
scooters and/or motor bikes and the like, on stairwells and
landings and foyer, or any common property, including the
Swimming Pool area if applicable and Braai area if applicable,
passages and courtyards, with the exception of the parking
area.
7.4 No Owner, Occupier or guest shall be permitted to use roller
blades, skateboards, bicycles, ball games and the like, on the
parking area, stairwells and landings and foyer, or any
common property, including the Swimming Pool area if
applicable and Braai area if applicable, passages and
courtyards.
7.5 No smoking, eating or drinking of alcoholic beverages in lifts,
stairwells, corridors, foyer and any other part of the common
property. “Drinking” is deemed to include possession of any
open containers of liquid. Special conditions apply to the Braai
area on the roof.
7.6 No firearms, pellet guns, air gun or any other device, including
traditional weapons, which could cause bodily harm or damage
to property, may be discharged in a section or any part of the
common property. No explosives, crackers, fireworks or items
of similar nature may at any time be exploded, lit or operated
in sections or any part of the common property.
7.7 No fires are to be lit inside a section.
7.8 An Owner or Occupier of any section shall not be allowed to
reside or sleep in a vehicle or any part of the common
property.
7.9 Children under the age of 12 are to be accompanied by an
adult at all times on the common property.
8. REFUSE DISPOSAL
An Owner or Occupier of a Unit shall:
8.1 maintain in a hygienic and dry condition, a receptacle for
refuse within his Unit and his exclusive area, if applicable, or
on such part of the common property as may be authorised by
the Trustees or Managing Agents, duly authorised, in writing.
8.2 ensure that before refuse is placed in such receptacle it is
securely wrapped, or in the case of tins or other containers,
completely drained and further ensure that a refuse bag is not
over-filled and/or torn and that no refuse is left on top of a
receptacle.
8.3 for the purpose of having the refuse collected, place such
receptacle in the refuse bins provided in the refuse area as
designated by the Trustees or Managing Agents, duly
authorised.
8.4 No garbage and/or rubble may be left outside the Unit at any
time whatsoever. Under no circumstances are Owners or
Occupiers allowed to place refuse anywhere other than the
Refuse rooms. This includes throwing refuse, dirt, cigarette
butts, food scraps or any other litter whatsoever out of
windows or over or onto balconies or terraces.
8.5 The Trustees or Managing Agents, duly authorised, may
instruct a Managing Agent employee to maintain the
receptacles within a refuse room and to fulfil any of the tasks
referred to in sub-rules 8.1 and 8.3 if any of these tasks form
part of the Managing Agent’s scope of service as specified in
the management agreement.
8.6 An Owner or Occupier shall not allow any refuse for the
disposal of which he is responsible, to remain on any landing,
staircase, walkway or in any entrance or passage, or on any
part of the common property.
8.7 An Owner or Occupier shall:
8.7.1 comply with the regulations issued from time to time by
the Local Authority pertaining to refuse and refuse
collection.
8.7.2 be responsible to remove certain of his refuse for
which the Local Authority is not responsible.
8.7.3 comply with any further Directives imposed by the
Trustees in pursuance of this Conduct Rule.
8.7.4 comply with any signage in the refuse room. A
recycling scheme will be implemented and
appropriate. Bins will be marked as ‘Recyclables’ and
‘Non-recyclables’. Owners or Occupiers are
encouraged to support the proposed scheme by
separating their refuse and placing this in the correct bins.
9. DISCHARGE TO SEWERAGE DISPOSAL SYSTEM
9.1 No person shall discharge or cause or permit the discharge
into any sewerage disposal system of any sewage, industrial
effluent or other liquid or substance which contains any
material of whatsoever nature, including oil, grease, fat,
detergents and sanitary towels which may inhibit the
unrestricted conveyance of sewage through the sewerage
disposal system.
10. VEHICLES
10.1 Owners and Occupiers of Units shall ensure that their vehicles
and the vehicles of their visitors and guests do not drip oil or
brake fluid and/or any other fluid or liquid of whatever nature
on the parking areas or in any other way deface the parking
area. If dripping occurs, its removal will be for the account of
the Owner or Occupier concerned.
10.2 No Owner or Occupier will be permitted to dismantle or effect
major repairs to any vehicle on any portion of the parking area,
and/or his Unit.
10.3 No vehicles owned by Owners or Occupiers may be washed in
the parking area or anywhere on the common property.
10.4 Hooters shall not be sounded within the parking area other
than in emergencies.
10.5 Vehicles may be parked only on such areas in the parking
area as are specifically designated or approved by Trustees, duly authorised, and in such a way that the flow of traffic and
access to and egress are not obstructed.
10.6 No trucks, caravans, trailers, boats or other heavy vehicles
and the like may be parked within the parking area without the
prior written consent of Trustees, duly authorised.
10.7 Vehicles parking or entering the parking area are subject to the
express condition that it is parked at the Owner’s risk and
responsibility and that no liability shall attach to the Developer
and/or Trustees or Managing Agents, duly authorised, or its
agents or any of their employees and or the Managing Agent,
duly authorised, for any loss or damage of whatever nature
which the Owner, or any person claiming through or under
him, may suffer in consequence of his vehicle having been
parked in the parking area.
10.8 Owners and Occupiers shall ensure that their visitors park in
the correct place and do not cause any obstruction either in
relation to any parking area.
10.9 Owners and Occupiers shall inform the Trustees or the
Managing Agents, duly authorised, in writing of the registration
numbers of their vehicles and any changes thereto, for security
purposes.
11. PARKING
11.1 Parking is to be confined to the specified parking areas and
such Owners and/or Occupiers are under no circumstances
allowed to park in non-designated parking bays, without the
written consent of Trustees, duly authorised.
11.2 A breach of this Conduct Rule will entitle Trustees or
Managing Agents, duly authorised, to have any offending
vehicle towed away from the parking area or the clamping of
such wheels at the risk and at the expense of the Owner of the
vehicle or alternatively the Owner or Occupier of the Unit at an
amount to be determined from time to time by the Trustees.
11.3 Under no circumstances will parking in front of the fire
hydrants be permitted. A breach of this Conduct Rule will
likewise entitle Trustees or Managing Agents, duly authorised,
to have any offending vehicle removed or towed away to a
public road or area or the clamping of such wheels at the
expense and risk of the Owner of the vehicle or alternatively
the Owner or Occupier of the Unit.
11.4 No Owner or Occupier or their visitors shall be allowed in the
parking area to:
11.4.1 park a vehicle in front of any parking bay or in such a
way that the flow of traffic and access to and egress
from parking bays are obstructed.
11.4.2 park a vehicle on or over more than one parking bay.
11.4.3 park an un-roadworthy vehicle in the parking area for
an indefinite period or periods.
11.4.4 contravene any road sign in the parking area.
11.4.5 drive a vehicle in excess of the speed limit in the
parking area.
11.4.6 allow any unlicensed person to drive a vehicle in the
parking area.
11.4.7 at any time play music from a vehicle parking in the
parking area.
12. ANIMALS, INSECTS, REPTILES AND BIRDS
12.1 No animals, insects, reptiles, birds and/or pets shall be kept or
harboured in a Unit, or on the common property unless
expressly authorised in writing by the Trustees, duly
authorised. When granting such authority, the Trustees, duly
authorised, may prescribe any reasonable condition. Should
any prescribed condition be breached, the Trustees, duly
authorised, may immediately withdraw such authority.
12.2 Visitors and guests are not allowed to bring any pets onto the
common property or buildings
13. LEVIES
Levies are due in advance on the first day of each month.
Interest at a rate determined by the Trustees or Managing
Agents, duly authorised, shall be payable from the 2nd day of
the month for any unpaid levies. After the 3rd (third) late
payment, the Trustees or Managing Agents, duly authorised,
shall have the right to insist on a debit order or stop order for
such monthly payment.
14. INSURANCE
14.1 The Body Corporate shall have no responsibility whatsoever
for the insurance of the contents of any particular Unit, which
shall at all times be the sole responsibility of the Owner or
Occupier in question.
14.2 An Owner or Occupier shall not do or permit to be done in his
Unit or on the common property anything which will or may
increase the rate of premium payable by the Managing Agent,
on any insurance policy or which may tend to vitiate any such
insurance policy nor bring into the buildings any hazardous
substances and/or any form of machinery whatsoever.
14.3 An Owner or Occupier shall not store or harbour upon the
common property or any part thereof or in his Unit any goods
which may vitiate any fire insurance policy held by the
Managing Agent, or increase the premium payable in respect
of such policy.
14.4 Should the Body Corporate be liable for an insurance excess
relating to damages that have arisen inside a Unit or on or in
any related exclusive use area, the Owner in question will be
responsible for payment of such excess. Similarly, if the
excess arises from damage to common property caused by an
Owner, tenant or guest, the Owner concerned will be
responsible for the excess.
14.5 Owners are responsible for the additional insurance premium
for any improvement within a section, which requires a higher
insurance replacement value.
14. INSURANCE
14.1 The Body Corporate shall have no responsibility whatsoever
for the insurance of the contents of any particular Unit, which
shall at all times be the sole responsibility of the Owner or
Occupier in question.
14.2 An Owner or Occupier shall not do or permit to be done in his
Unit or on the common property anything which will or may
increase the rate of premium payable by the Managing Agent,
on any insurance policy or which may tend to vitiate any such
insurance policy nor bring into the buildings any hazardous
substances and/or any form of machinery whatsoever.
14.3 An Owner or Occupier shall not store or harbour upon the
common property or any part thereof or in his Unit any goods
which may vitiate any fire insurance policy held by the
Managing Agent, or increase the premium payable in respect
of such policy.
14.4 Should the Body Corporate be liable for an insurance excess
relating to damages that have arisen inside a Unit or on or in
any related exclusive use area, the Owner in question will be
responsible for payment of such excess. Similarly, if the
excess arises from damage to common property caused by an
Owner, tenant or guest, the Owner concerned will be
responsible for the excess.
14.5 Owners are responsible for the additional insurance premium
for any improvement within a section, which requires a higher
insurance replacement value.
15. LETTING OF UNITS
15.1 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, which consent shall not be unreasonably
withheld.
15.2 Notwithstanding anything to the contrary contained in any
lease agreement, the Owner of a Unit shall, as far as the
Trustees or the Managing Agent, duly authorised, is
concerned, be liable for:
15.2.1 all electricity charges in respect of a Unit;
15.2.2 all fines imposed by the Trustees or the Managing
Agent, duly authorised, in terms of these Conduct
Rules on the Owner and Occupier of a Unit;
15.2.3 an administrative fee, as determined by the Trustees
or the Managing Agent, duly authorised, from time to
time, shall be charged to the Owner of a Unit by the
Trustees or the Managing Agent, duly authorised for:
15.2.3.1 separate or additional statements to be sent
to an Occupier/Tenant or other party in
respect of any charges imposed by the
Managing Agent;
15.2.3.2 statements for income tax purposes.
15.3 Prior to entering into a lease agreement in respect of a unit,
the Owner shall notify the Trustees or the Managing Agent,
duly authorised, of:
15.3.1 The full names, address and telephone number of the
Tenant and other Occupiers of the Unit;
15.3.2 The duration of the lease;
15.3.3 The number of persons who will occupy the Unit;
15.3.4 All Tenants and/or Owners must be in possession of
an access disc or valid fingerprint to access the
Development.
15.4 A complete copy of the Conduct Rules must accompany the
agreement of lease and/or tenancy. A right of recourse against
the Owner is reserved in the event of the Tenant and/or
Occupier failing and/or refusing to comply with the Conduct
Rules. An Owner shall remain responsible for the conduct of
his Tenant and/or Occupier and penalties imposed on them in
terms of the Conduct Rules, may be recovered from the
Owner, if not paid accordingly.
15.5 An Owner shall, prior to concluding an agreement to lease his
Unit or prior to granting right of occupancy thereto, be obliged
to obtain from the proposed Tenant or Occupier a written
undertaking to comply fully with the Conduct Rules for the
duration of his lease or occupation. Failure to obtain a written
undertaking does not absolve an Owner from ensuring
compliance to the Conduct Rules by his Tenant and/or
Occupier.
15.6 An Owner shall notify the Trustees or the Managing Agent,
duly authorised, forthwith in writing of any change of
Ownership in, or occupation of his Unit, or any change in
membership or shareholding or beneficiaries of any close
corporation or company or trust being the registered Owner,
and of any mortgage of or other dealing in connection with his
Unit. The afore-mentioned notification shall contain the date of
occupation, the new contact details of the Owner as seller and
the contact details of the purchaser.
15.7 No form of “time-sharing” or any similar arrangement whereby
a person other than the Owner or his or her immediate family
may utilise a Unit for a specified period or periods of time,
saving for long-term leasing, may be concluded in respect of a
Unit. Short term letting is allowed but for terms not less than 3
(three) months in duration. Permission may be granted by the
Trustees for shorter periods at the sole discretion of the
Trustees.
15.8 The parties acknowledge that they are bound to the Body
Corporate Conduct Rules with specific reference to clause 14,
of such aforementioned Rules which are set out herein as
follows:
15.8.1 In order to maintain a high standard of tenancy and to
ensure that the capital appreciation of the
development is not impaired, the Trustees or
Managing Agents, duly authorised, must be notified of
prospective tenants.
16. ACTIVITIES ON COMMON PROPERTY
16.1 COMMON PROPERTY – No hobbies or other activities may be
conducted on the common property if they cause nuisance to
other Owners and/or Occupiers. The Trustees, duly
authorised, shall be the adjudicators resolving complaints of
this nature.
16.2 ROOF – Access is permitted from 06h00 to 22h00,from
Monday to Sundays, or at any other day times as determined
by the Trustees in their sole discretion. The number of guests
allowed onto the roof level is limited to a maximum of 50 (fifty)
subject to Trustees approval. Any guests in excess of this
amount must be sanctioned by prior agreement with the
Trustees.
16.3 COURTYARDS (1st Floor) – Any ball games are strictly
prohibited in this area. No noise whatsoever shall be tolerated
in this area. The Trustees may amend these conditions of use
at their sole discretion.
16.4 LIFTS – Only lift number 2 can be used for moving heavy
goods, furniture, appliances and boxes. Protective blankets
must be used at all times and must be requested from
Security.
No furniture or other heavy or bulky items shall be transported
in the lifts without the prior written consent of the Trustees or
Managing Agents, duly authorised.
Any person wishing to use the lift for this purpose shall make a
prior arrangement with the Trustees or Managing Agents, duly
authorised ,who shall ensure that the lift is cleared and
protected to prevent any damage. Should any damage to the
lift be incurred by an owner, occupier, tenant or anyone
assisting such person, the costs of repair shall be recovered
from such person.
16.5 Access to and egress from the scheme shall be controlled and
monitored through access controlled security systems, which
may include CCTV cameras, remotes, access card systems
and/or security guards. The Trustees may from time to time
make rules in regard to the access control security systems
including the management and use thereof and the recovery of
costs of the systems from the owners.
16.6 Owners or occupiers of sections shall not be entitled to use
braais on their balconies. No coal or wood fires are allowed on
any part of the common property or any section or exclusive
use area. Owners or occupiers may only use braais in
designated areas as laid down by the Trustees.
17. GENERAL
17.1 The Board of Trustees or its agents shall not be liable for any
injury or loss or damage of any description which any Owner
or Occupier of a Unit and/or exclusive use area or any member
of his family, his employee or servant or his relative, friend,
acquaintance, visitor, invitee or guest may sustain, physically
or to his or their property, directly or indirectly, in or about the
common property or in the individual Unit by reason of any
defect in the common property, its amenities or for any act
done or for any neglect on the part of the Trustees or any of
the Trustees employees, servants, agents or contractors.
17.2 The Trustee or its agent’s representatives and servants shall
not be liable or responsible in any manner whatsoever for the
receipt or the non-receipt and delivery or non-delivery of
goods, postal matter or any other property.
17.3 No firearms or pellet guns may be discharged on the common
property.
17.4 An Owner shall not use or permit his Unit to be used for any
purpose that is injurious to the reputation of the OBS COURT
Development.
17.5 All complaints, violation of these Conduct Rules, or any other
cause of concern must be in written form, addressed to the
Chairman of the Trustees and/or the Managing Agent, duly
authorised.
18. COMMERCIAL / RETAIL UNITS
18.1 The Owners of the Commercial and Retail Units shall have
due regard to the rights of the Owners and Occupiers of the
Residential Units to privacy and peace.
18.2 The Owners of the Commercial and Retail Units are to operate
their businesses within the guidelines as prescribed by the
Local Authority with regard to trading hours.
18.3 The Owners of the Commercial and Retail Units are to ensure
that the noise levels emanating from the use of the units shall
not exceed the prescribed guidelines as laid down by the Local
Authority. In the event of this Conduct Rule being exceeded,
the Body Corporate reserves the right to employ an
independent security company to enforce this Conduct Rule at
the expense of the Owners of the Commercial and Retail
Units.
18.4 The Owner of a Unit shall ensure that the applicable fire
regulations have been complied with, with regard to any
occupancy of a section. The Owner of a Unit shall submit a
certificate confirming the inspection and servicing of all fire
equipment located within a Unit to the Trustees or Managing
Agents, duly authorised, on an annual basis.
18.5 The Commercial/Retail Component pertaining to any food
and/or beverage industry shall be obliged to install and
maintain any extraction fans, to ensure that all odours
emanating from any kitchen and/or serving areas, do not in
any way permeate into the building whatsoever. The noise
levels of such extractors shall be kept below the maximum
allowed in terms of the local authority guidelines. In the event
of these levels being exceeded, the body corporate shall have
the right to correct the equipment after professional advice has
been obtained and all the charges relating to this work and
consulting fees shall be debited by the body corporate to the
Owner of the commercial unit as a special levy.
19. GENERAL DUTIES OF PURCHASER AND/OR OCCUPIER
The Owner and/or Occupier shall, in addition to any other
duties and obligations imposed upon it elsewhere in the
Agreement and/or its annexures:
19.1 prevent any blockage of any sewerage or water pipes or drains
in or used in connection with the Unit.
19.2 care for and clean the interior of the Unit.
19.3 Owners or Occupiers must keep their windows and doors
(internal and external) clean.
19.4 Owners or Occupiers must keep all exclusive use areas,
including terraces and balconies, clean.
20. LITTERING
20.1 An Owner or Occupier of a Unit shall not deposit, throw, or
permit or allow to be deposited or thrown, on the common
property any rubbish, including dirt, cigarette butts, food scraps
or any other litter whatsoever. In particular, an Owner or
Occupier of a Unit may not throw any material or object out of
windows or over balcony walls.
20.2 No junk mail or discarded post may be left outside the post
boxes and incorrect mail should be redirected appropriately
21. ERADICATION OF PESTS AND HEALTH REGULATIONS
21.1 An Owner or Occupier must keep his Unit free of rats, mice,
cockroaches, maggots, flies, ants, and other such similar pests
and to this end shall permit the Trustees or the Managing
Agent, and their duly authorised agents or employees, to enter
upon his Unit from time to time for the purpose of inspecting
the Unit 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 Unit, replacement of any woodwork or other material
forming part of such Unit, which may be damaged by any such
pests, shall be borne by the Owner of the Unit concerned.
21.2 It is the responsibility of each Owner or Occupier to ensure
that his activities inside his Unit or on the common property
comply with all municipal health regulations and that no danger
or risk be created or allowed to affect the health, safety or
property of other persons.
22. SECURITY, SAFETY AND RISK
22.1 Owners and Occupiers and/or employees of such Owners
and/or Occupiers must at all times ensure that the security and
safety of all Owners, Occupiers and their property are
preserved, and in particular must ensure that:
22.1.1 upon entering or leaving the property, all security
gates or doors are properly closed;
22.1.2 such gates or doors are never opened for unknown or
uninvited persons;
22.1.3 their visitors, employees and/or contractors comply
with the Directives imposed by the Trustees or
Managing Agents, duly authorised, inclusive of the
signing of a visitors’ book at security and providing
proof of identity of such visitors (if so required);
22.1.4 security gate keys, access controls and access codes
to permit access to the Development are handled
responsibly and not placed in the care of third parties,
except with the prior consent of Trustees or Managing
Agents, duly authorised;
22.1.5 additional or replacement keys and/or tags and/or
remotes will be for the account of the Owner and will
be added such Owner’s monthly levy.
22.2 Owners or Occupiers must immediately report instances of lost
keys and/or access controls to the Trustees or Managing
Agents, duly authorised, and request replacement at their own
cost. Should an access control be lost, the Owner or Occupier
will be liable to refund all costs to replace, which could include
the recoding of all relevant access controls. Replacement or
issue of additional security gate keys and access controls must
only be administered via the Trustees or Managing Agents,
duly authorised.
22.3 No obstacles or objects, which may interfere with the normal
operation of the electronic gates may be inserted therein or
placed in such a manner to avoid the automatic closure of the
gate.
22.4 No Owner or Occupier shall tamper with or attempt repairs to
the electronic gates or its components. Any faults are to be
reported to the Trustees.
22.5 No Owner or Occupier shall tamper with fire hydrants or any of
its components. This is a criminal offence and will be
addressed accordingly.
22.6 All persons on the common property or using any of its
facilities or services are done so entirely at their own risk, and
no person shall have any claim against the Body Corporate, its
Trustees or Managing Agents, duly authorised, of whatsoever
nature arising from such use, nor for anything which may befall
any person during the course of such use, whether caused by
human or animal agency, natural phenomena or otherwise.
The Trustees or the Managing Agent, duly authorised, shall
not be liable for any injury, loss or damage of any description
that any person may sustain, physically or to his property
directly or indirectly, in or about the common property, its
amenities or in the individual Units nor for any act done or for
any neglect on the part of the Trustees or the Managing Agent,
duly authorised, or any of the Trustees’ or the Managing
Agent’s employees, agents or contractors.
22.7 An Owner or Occupier of a Unit shall not deposit, throw, or
permit or allow to be deposited or thrown, on the common
property access control discs, keys, or remotes. An Owner or
Occupier of a Unit may not throw these objects out of windows
or over balcony walls so that a known or unknown person can
use them.
23. EMPLOYEES
23.1 Owners and Occupiers may not request employees of the
Trustees or the Managing Agent, duly authorised, to perform
any tasks for them during their working hours.
23.2 Employees of Owners or Occupiers may only use the common
property and facilities in such manner and at such times and
subject to the conditions and/or Directives prescribed by the
Trustees or Managing Agents, duly authorised.
23.3 An Owner or Occupier shall in respect of his own employees:
23.3.1 be responsible for the conduct of his employees, and
for any person visiting such employees;
23.3.2 ensure that his employees comply with the Conduct
Rules.
24. CONTRAVENTION OF RULES
24.1.1 arrange for the vehicle to be clamped, at the risk and
costs of the Owner thereof and/or person in control of
the vehicle, or
24.1.2 arrange for a clamped vehicle to be released subject
to the payment of a release fee, or
24.1.3 arrange for the vehicle to be removed at the risk and
costs of the Owner thereof and/or person in control of
the vehicle but not before a reasonable attempt has
been made by the Managing Agent to inform the
Owner/person in control of the vehicle of such
removal, or
24.1.4 impose a fine in terms of Conduct Rule 25
(IMPOSITION OF PENALTIES), or
24.1.5 obtain an interdict, or
24.1.6 impose more than one of the options herein
mentioned.
24.2 Should Conduct Rule 6 (DAMAGE, ALTERATIONS OR
ADDITIONS TO A UNIT AND TO THE COMMON
PROPERTY) be contravened and any damage, alteration,
addition to be effected to the exterior of a Unit or to the
common property or a structural alteration be effected to the
interior of a Unit without the necessary consents, or should an
Owner or Occupier do anything on the common property,
which, in the discretion of the Trustees is aesthetically
displeasing, the Trustees or Managing Agents, duly
authorised, may:
24.2.1 require an Owner to remove such object and restore
the property, at his own cost, and should an Owner fail
to remove such object and any such failure persists for
a period of 7 (seven) days after the giving of written
notice to remove and restore given by the Trustees or
the Managing Agent, duly authorised, the Trustees or
Managing Agents shall be entitled to remedy the
Owner’s failure and to recover the reasonable cost of
doing so from such Owner, or
24.2.2 impose a fine in terms of Conduct Rule 25
(IMPOSITIONS OF PENALTIES), or
24.2.3 obtain an interdict, or
24.2.4 impose more than one of the options herein
mentioned.
24.3 If any Conduct Rule is contravened the Trustees or Managing
Agents, duly authorised, may, irrespective of sub-rules 25.1
and 25.2:
24.3.1 impose a fine in terms of Conduct Rule 25
(IMPOSITIONS OF PENALTIES), or
24.3.2 obtain an interdict, or
24.4 impose more than one of the options herein mentioned.
25. IMPOSITION OF PENALTIES
25.1 If the Conduct of an Owner or an Occupier of Unit or his
visitors constitutes a nuisance in the opinion of the Trustees or
Managing Agents, or if an Owner, Occupier or visitor
contravenes, breaches, disobeys or disregards a Management
or Conduct Rule, the Trustees or Managing Agents, duly
authorised, may furnish the Owner or Occupier with a written
notice, which may in the discretion of the Trustees or
Managing Agents, duly authorised, be delivered by hand, or by
way of facsimile or electronically transmitted by email or by
registered post. In the notice the particular conduct, which
constitutes a nuisance, must be adequately described or the
Conduct Rule that has allegedly been contravened must be
clearly indicated, and the offender must be warned that if he or
she persists in such conduct or contravention, an amount
determined by the Trustees, in terms of clause 25.2 below, will
be imposed on the Owner or Occupier of the Unit.
25.2 If the Owner or Occupier nevertheless persists in that
particular conduct or in the contravention of any
Conduct Rule, the Trustees or Managing Agents, duly
authorised, may convene a meeting of Trustees or
Managing Agents, duly authorised, to discuss the
matter and to impose a fine.
25.3 A written notice by which the alleged offender, (whether Owner
or Occupier), is informed of the purpose of the meeting and
invited to attend, must be sent to the Owner and Occupier at
least 7 (seven) days before the meeting is held. At the meeting
the Owner or Occupier must be given the opportunity to
present his or her case, but except in so far as may be
permitted by the Chairperson, he or she may not participate in
the affairs of or voting at that specific meeting.
25.4 After the Owner or Occupier has been given the opportunity to
present his case, the Trustees may by way of a special
resolution (75% (seventy five per centum) of the Trustees
present at the meeting with a minimum of 3 (three) Trustees),
impose an initial penalty for the first offence and a subsequent
penalty for every identical offence thereafter.
25.5 The Trustees or the Managing Agent, duly authorised, may, at
a general meeting, from time to time, determine the amount of
the initial and subsequent penalties, which amounts may vary
from Conduct Rule to Conduct Rule or from offence to offence,
and be summarised in a Schedule. This Schedule of Fines and
Penalties will remain in force until it has been amended at any
subsequent general meeting. In the absence of such a
determination a maximum penalty of one times the monthly
levy may be imposed as a penalty.
26. RELAXATION OF RULES
No indulgence or relaxation in respect of these Conduct Rules
shall constitute a waiver or consent, or prevent their
enforcement by the Trustees or Managing Agents, duly
authorised, at any time.
27. ACCESS CONTROL
27.1 Additional access discs or fingerprint loads may be obtained
from or arranged with the Trustees or the Managing Agents,
duly authorised, at a cost to the Owner, which amount shall be
added to the levy by the Managing Agent.
27.2 The Trustees or the Managing Agents, duly authorised, shall
from time to time determine a fee for additional discs and lost
discs and/or fingerprint loads if applicable.
27.3 Each Owner or Occupier shall be in possession of an access
disc or valid fingerprint to gain access to the OBS COURT
Development. No person will be allowed access without a disc
or valid fingerprint.
27.4 An Owner and/or Occupiers living in OBS COURT
Development shall ensure that the access controls are not
tampered with or used unnecessarily or given to visitors.
27.5 Owners or Occupiers shall use their access controls when
entering or exiting the OBS COURT Development by way of
the security gate and/or shall be given access by the security
guard.
27.6 Programming and the purchasing of remotes and/or tags
and/or keys by any individuals, who are not authorised by the
Trustees or Managing Agents is strictly prohibited.
27.7 The visitor procedure must be adhered to. All visitors are to
sign the visitor registry at security whereafter the security
guard will contact the relevant unit and the owner or occupier
of the unit will be required to meet the visitor at the front
entrance area in order to accompany the visitor to the owner’s
or occupier’s unit. The owner or occupier must escort the
visitor back to reception after the visit. If the owner or occupier
is not in the unit, the visitor must obtain prior permission in
writing from the owner directly, or through the Managing
Agent. The visitor’s ID and approval letter must be presented
to Security so that they can verify their identity and
authorisation. The visitor must sign the visitor’s registry. They
must only be in possession of a key for the unit and not an
access tag. This is to ensure that the visitor only has access to
the unit where maintenance or other business needs to be
carried out. Under no circumstances can access tags or keys
be left at reception. This procedure may be amended from
time to time by the Trustees or Managing Agent, duly
authorised.
27.8 A visitor is defined as anyone not residing in a Unit and
Includes, but is not limited to, guests, owners, letting agents,
estate agents and contractors.
28. POST BOXES
28.1 Post boxes shall be for the exclusive use of Owners and/or
Occupiers of the Units.
28.2 Post boxes shall be kept closed, when not in use.
28.3 An Owner or Occupier of a Unit shall maintain the post box,
doors and hinges in good working order and condition.
28.4 An Owner and/or Occupier of a Unit may affect repairs to
his/her post box provided that the appearance of the post box
is in conformity with the existing post boxes.
29. VANDALISM
29.1 Vandalism and graffiti of any nature whatsoever will not be
tolerated.
29.2 Offenders will be prosecuted according to the Law and shall be
held liable for any damages sustained as a result of their
actions.
30. SWIMMING POOL & GYM
A departure application for permission to construct a swimming
pool on the roof of the OBS COURT development has been
made to the City of Cape Town and in the event the
application is successful, a swimming pool will be constructed
and the following rules will apply to all owners and occupiers.
An Owner and/or Occupier/his Visitor/s and/or children shall at
all times adhere to the following:
30.1 No alcohol is to be consumed in the pool area and/or gym.
30.2 No glass bottles or containers are allowed in the pool area.
30.3 No music permitted on the roof at any given time.
30.4 No swimming is permitted after 22h00.
30.5 Children under the age of 12 are to be accompanied by an
adult at all times.
30.6 Only authorised personnel are permitted access to the pool
pump/equipment enclosures and/or pool chemicals and pool
cleaning equipment.
30.7 The Owners or Occupiers will use the Pool Area and Gym and
surrounding area at their own risk. The Body Corporate shall
not be responsible for any injuries sustained whilst making use
of these facilities either as a participant or a spectator.
30.8 Littering is not permitted and all refuse is to be removed from
the pool area.
30.9 Bathing apparel only may be worn in the pool. Allowance is to
be made for the wearing of safety apparel for those who
cannot swim.
30.10 Games are not permitted in the pool area.
30.11 No animals are allowed in the pool area.
30.12 The usage of both the swimming pool and the gym shall be
terminated by the Trustees for violation of any rules or for any
conduct deemed by the Trustees to be detrimental to the
welfare, good order and safety of the Owners or Occupiers.
30.13 Access to and the use of the gym is for residents only and
guests are prohibited from entering the gym at all times.
Opening times are to be from 05h00 to 22h00 for Mondays to
Sundays. Sweat towels are to be used at all times. No weights
may be dropped on the floor.
30.14 Any other type of action, which is un-sportsmanlike in nature
and/or has the effect of disrupting play, shall be reported to the
Body Corporate.
30.15 The correct foot apparel must be worn at all times in the Gym.
30.16 No damage to or misuse of the gym and/or equipment will be
tolerated.
30.17 Any faults to the equipment in the gym must be reported to the
Body Corporate immediately.
30.18 The Trustees may from time to time, in their own discretion,
make addition Rules or amend any of these Rules pertaining
to both the Pool Area and/or gym.
30.19 All signage erected in both the pool area and the gym shall be
adhered to at all times.
31. SHOW HOUSES
31.1 Should an Owner wish to sell his apartment and in the event of
a show house being required the following procedure needs to
be strictly adhered to: –
31.1.1 the Owner needs to advise the Managing Agent 7
(seven) days prior to the date in writing of the date and
time of the intended showing as well as the relevant
details of the agent employed to do such showing.
31.1.2 on the date of showing the Owner needs to
accompany the agent to security and advise security
that such agent will be bringing prospective
purchasers into the Development.
31.1.3 at no time whatsoever may a prospective purchaser
enter the Development unaccompanied.
31.1.4 show days will be restricted to Sundays between
14h00 – 17h00.
31.1.5 notwithstanding the above, the Trustees may impose
additional rules as they deem fit to regulate show
houses to ensure that the security and harmony of the
residents of the Development are not compromised.
31.2 The Developer shall be allowed to advertise the remaining
units in the development and allow access to prospective
purchasers.
32. WASHING MACHINES
With the exception of the communal laundry, no washing
machines may be operated in a section while the owner or
occupier of that section, or their representative or employee, is
not present in the section.
Reach Us
If you have any queries, compliments or complaints please contact us
3A Howe Street, Observatory
Cape Town, 7925
+27 060 006 754
+27 060 345 433
gideon@obscourt.co.za