Conduct Rules

Consolidated Conduct Rules (section 10(2)(b) of the Sectional Titles Schemes Management Act, No 8 of 2011)

A. APPLICATION
(1) These Rules, the provisions of section 13 of the Sectional Titles Schemes Management Act, No 11 of 2011 and the provisions of Management Rule 30 shall be binding on all owners, lessees or other occupiers of sections and on the trustees and
managing agent (if so contracted).

(2) It shall be the duty or responsibility of an owner of a section to ensure compliance with these Rules by the lessees or occupiers of his or her section, including the employees, guests and any family members of the owner, or of his or her lessees or of the occupiers of his or her section. Should a lessee or occupier of a section, or his or her employees, guests or any family member cause damages to the common property, the owner of the particular section shall be liable to the body corporate for the costs of repairs. Similarly the owner of the particular section shall be liable for any unpaid fines imposed on the lessee or occupier of his or her section, in respect of a contravention of these Rules.

B. INTERPRETATION

(1) The clause headings are for convenient reference and shall be disregarded in construing these Rules.

(2) In these Rules, unless the context clearly indicates a contrary intention: –
(a) the singular shall include the plural and vice versa; and
(b) a reference to any one gender shall include the other gender; and
(c) a reference to natural persons includes juristic persons, trusts and partnerships and vice versa.

(3) Words and expressions to which a meaning has been assigned in the Sectional Titles Schemes Management Act, No 11 of 2011, shall in these Rules bear the meaning that has been assigned to them, unless inconsistent with the context.

(4) When any number of days is prescribed in these 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.

(5) Where numbers are expressed in words and numerals in these Rules, the words shall prevail, if there is any conflict between the words and numerals.

C. DIRECTIVES

(1) The trustees may from time to time issue Directives in connection with any Rule, to provide direction as to the practical application of a Rule. The trustees may therefore, through their Directives, regulate, guide and clarify practical matters pertaining to a Conduct Rule.

(2) However such Directives imposed by the trustees, shall not be in conflict with any Management- or Conduct Rule and the trustees are not authorized to create new Conduct Rules through their issuing of Directives.

D. GUIDELINES

(1) The trustees may from time to time prepare and revise Guidelines to control all aspects of the design and appearance of the buildings and structures on the premises, including any alterations or additions (structures) referred to in Conduct Rule 4. The Guidelines may contain specifications and sketch plans as to the nature, design, material, colours, and manner of installation required to ensure uniformity of construction of structures referred to in Conduct Rule 4.

(2) The Guidelines shall, by virtue of these Rules, be binding upon all owners, lessees and occupiers of sections and upon the trustees.

1. ANIMALS, REPTILES AND BIRDS (PETS)

(1) No owner, lessee or occupier of a section shall keep any animal, reptile or bird (pet) in a section or on the common property. As of date of adoption of this Conduct Rule, the trustees shall not have the authority to consider or grant any applications whatsoever.

(2) Notwithstanding sub-rule (1), all owners and occupiers of sections who obtained the written consent of the trustees before date upon which this Conduct Rule came into operation, shall be allowed to keep the specific animal, reptile or bird (pet) in respect of which the consent was given, subject to any reasonable conditions that may be imposed from time to time by the Trustees. The permission to keep the pet shall expire upon its death and the owner, lessee or occupier concerned shall not be allowed to replace such pet.

(3) Any approval previously granted in terms of sub-rule (2) shall be subject to the following: –
(a) A dog must be kept on a leash, whilst on the common property and all excrement must be removed from the common property.
(b) Owners, lessees and occupiers of sections shall ensure that their pets do not cause a nuisance to other occupiers of sections.
(c) Any conditions imposed or rules applicable at the time when such consent was granted.
(d) Any further reasonable conditions imposed by the trustees form time to time.

(4) If a pet causes a nuisance to owners, lessees or occupiers, or if any of these rules or conditions imposed by the trustees are contravened, the trustees may withdraw their approval upon which the owner, lessee or occupier shall remove his or her pet from the section and the common property.

(5) In suitable circumstances, the trustees may apply to a Court having jurisdiction, for an order or interdict for the removal of a pet from a section and the common property, and the owner of the relevant section shall be liable for the costs relating to such application, including such costs as are referred to in Management Rule 25(4). [Substituted June 2011]

2. REFUSE DISPOSAL

(1) An owner, lessee or occupier of a section shall: –
(a) if so directed by the trustees in terms of sub-rule (f), maintain in an hygienic and dry condition, a receptacle for refuse (refuse bin) within his section, his exclusive use area, or on such part of the common property as may be authorised by the trustees in writing;
(b) ensure that before refuse is placed in a refuse bin on any such area, it is securely wrapped in suitable, strong plastic bags (refuse bags) and that such refuse bags are properly sealed before being placed in such refuse bins;
(c) ensure in case of tins or other containers, that they are completely drained, before being deposited into a refuse bag;
(d) for the purpose of having their refuse collected, place such refuse bin within the area and at the times designated by the trustees in their Directives imposed in terms of sub-rule (f);
(e) when the refuse has been collected promptly return the refuse bin, if any, to his section or other area referred to in sub-rule (a);
(f) comply with any Directives imposed by the trustees from time to time regarding the disposal of refuse and not dispose of or allow the disposal of refuse, waste or rubbish contrary to this Rule and such Directives.

(2) No cooking oils or fats may be disposed of in the kitchen sinks, drains or toilets and items such as paper towels, sanitary towels and nappies, may not be flushed down the sewerage system. Such materials may be traced to a section and the owner, lessee or occupier of such a section may be held responsible for any costs to clear the sewerage system.

3. PARKING AND DRIVING OF VEHICLES

(1) An owner, lessee or occupier of a section shall park or stand his vehicle or permit or allow a vehicle to be parked or stood in the garage or on the parking bay allocated to the section he or she owns or occupies.

(2) Visitors, employees or contractors of owners, lessees or occupiers shall park their vehicles on the designated visitors’ parking subject to compliance with any reasonable conditions imposed from time to time by the trustees and in the event that such an non-owner obtains the right, in whatsoever way, to park his or her vehicle in a parking bay, it shall always be subject to the rules contained herein.

(3) No owner, lessee or occupier of a section shall park or stand any vehicle upon the common property, or permit or allow any vehicle to be parked or stood upon the common property, contrary to these Rules without the prior written consent of the trustees.

(4) No trucks, motorbikes, bicycles, caravans, trailers, motorboats, or any other watercraft or heavy vehicles may be parked on the common property without the prior written consent of the trustees first been obtained.

(5) Owners, lessees and occupiers of sections shall ensure that their vehicles, and the vehicles of their visitors, employees or contractors, do not drip diesel, oil or brake fluid on their parking bays and on to the common property or in any other way deface the common property.

(6) No owner, lessee or occupier shall be permitted to dismantle or effect major repairs to any vehicle or service any vehicle in his parking bay and on any portion of the common property.

(7) The parking of vehicles upon the common property is subject to the express condition that every vehicle is parked at the owner’s risk and responsibility and that no liability shall attach to the body corporate or its agents or any of its employees for any loss or damage of whatever nature which the owner, or any person claiming through or under him or her, may suffer in consequence of his or her vehicle having been parked on the common property.

(8) The trustees may cause a vehicle to be removed or towed away, or its’ wheels be clamped, at the risk and expense of the owner of the vehicle, including payment of a release penalty, to be determined by the trustees from time to time any vehicle parked, standing or abandoned on the common property without the trustees’ consent or in contravention of these Rules.

(9) An owner, lessee or occupier of sections may only wash his or her vehicle in the area situated directly in front of his or her garage.

(10) Owners, lessees or occupiers of sections shall, in the interest of safety, on the common property drive their vehicles at a speed that is reasonable in the discretion of the trustees. Whilst driving a vehicle on the common property, proper lookout should be kept for other vehicles or pedestrians.

4. DAMAGE, ALTERATIONS, ADDITIONS OR OBSTRUCTIONS TO THE COMMON PROPERTY AND ALTERATIONS TO THE INTERIOR OF SECTIONS

GENERAL AND ADVERTISING

(1) It is recorded that the exterior of sections, including windows and doors, are part of the common property and that as such, (save as provided in the Sectional Titles Schemes Management Act, No 11 of 2011, the Management Rules and these
Conduct Rules), no owner, lessee or occupier may alter, damage, improve or add thereto in any manner.

MINOR ALTERATIONS

(2) As far as minor alterations, fixtures or additions are concerned, an owner, lessee or occupier 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.

(3) Notwithstanding sub-rule (2), an owner or person authorized by him or her, may install: –

(a) any locking device, safety gate, burglar bars, or other safety device for the protection of his or her section; or
(b) any screen or other device to prevent the entry of animals or insects; provided that the trustees have first approved the nature and design of the device and the manner of its installation.
(4) An owner or person authorized by him or her shall not construct, attach to, fix to any part of the exterior of buildings, including balconies, or place or construct on, or fix to any part of the common property any alterations, fixtures or additions, inclusive of but not limited to radio aerials, television aerials, satellite dishes, solar heating systems, air conditioners, chimneys, canopies, awnings, shade covers, carport covers, steps, braais or similar items without the prior written consent of the trustees, who may attach reasonable conditions to their consents.

(5) A request for the trustees’ consent or approval contemplated in sub-rules (2), (3) or (4), must be made in writing to the trustees and must be accompanied by plans and specifications sufficient to explain the nature, design, shape, size, material, colours and location of the proposed item.

(6) The trustees’ consent for such structures as contemplated in sub-rule (4) may at any time be withdrawn in the event of non-compliance with the imposed conditions. In the event of such withdrawal, the owner is responsible for the immediate removal of the item, at his or her own cost. Should an owner fail to remove such item and any such failure persists for a period of 14 (fourteen) days after written notice to remove given by the trustees, the trustees may have same removed at the risk and expense of the owner concerned, who shall have no recourse against the body corporate or its trustees, employees or contractors for any damage resulting therefrom.

STRUCTURAL ALTERATIONS

(7) Any structural alteration affecting a section and the common property, and alterations to work to plumbing, electrical installations or conduits, may only be carried out after: –
(a) compliance with all relevant provisions of the Sectional Titles Schemes Management Act, No 11 of 2011 and the Rules;
(b) obtaining the written approval of the local authority, if applicable;
(c) obtaining the written consent of the trustees, which may be accompanied by conditions.

(8) All structural alterations and alterations to, or repairs of, plumbing, electrical installations or conduits, must be done by qualified persons and the work must comply with standards required by the local authority.

(9) Whereas an owner may effect alterations to the interior of his or her section, no work may be done to weight-bearing walls without the written consent of the trustees, who may impose conditions.

(10) Whilst stoeps, balconies and yards may form part of sections, the enclosure affects the common property as well as the appearance of the buildings, for this reason any enclosure of a stoep, balcony or yard shall be regarded as a structural
alteration for the purposes of this Rule.

(11) In addition to any other relevant provisions, the following provisions shall apply in respect of any work effected by owners which, in the sole discretion of the trustees, involves structural alterations or additions to a section, including the removal, creation, or modification of a wall or any structural part of the building and any alterations, additions, modifications, improvement or decorative work which affects the exterior appearance of the section: –

(a) A written application with specifications, time frame, and a sketch plan of the proposed alterations must be submitted to the trustees, to obtain their provisional consent.
(b) The trustees may grant provisional consent, or refuse such consent with reasons being furnished. The consent may also be accompanied by reasonable conditions. The trustees may request that a report by a structural engineer or architect be furnished.
(c) If provisional consent is given, the owner must proceed to have building plans prepared and approved by the local authority (if required}, and which may not deviate from the sketch plan.
(d) Before final approval, the owner must canvass the comments of immediate neighbours, and submit it to the trustees for consideration.
(e) A copy of the approved building plan, or proof that a building plan is not required, must be submitted to the trustees.
(f) If considered necessary by the trustees, they may consult an architect, engineer, legal advisor or other professional consultant, regarding the proposed alterations.
(g) Within 14 (fourteen) days of obtaining all the required information and advice, the trustees shall consider the application, reach a reasonable decision, and advise the applicant of such decision. If refused, reasons must be given. The
consent may also be accompanied by reasonable conditions.
(h) A deposit as determined by the trustees from time to time, shall be payable by the owner, before work may commence.

INTERNAL ALTERATIONS

(12) All building material and rubble must be removed daily by the contractors / owner. If the rubble is not removed the Body Corporate shall arrange for the removal and the owner concerned will be liable for payment of such expenses, which will be added onto his or her levy account.

ALL ALTERATIONS

(13) In respect of all work done at the instance of an owner of a section, the following shall apply: –
(a) The owner shall liaise with the trustees concerning all aspects of the daily building operations, including with regard to the security measures applicable, the vehicles to be allowed on the premises, the use of outside building hoists or block and tackle gear, and the temporary storage of building material and machinery on the premises.

(b) The alterations and fixtures contemplated in this Rule shall comply with the provisions contained in the Guidelines.

(c) All doors, windows and other external fittings must conform in quality and appearance with similar items generally installed elsewhere in the building.

(d) The owner accepts responsibility, and shall be liable to the body corporate (or owners, as the case may be), for any damage caused by him or her, his or her workmen, or contractors, to the common property or to other sections, and indemnifies the body corporate against such damage or any claims arising therefrom.

(e) The electricity supply of the body corporate may not be used without the specific consent in writing of the trustees, who may assess the costs of such usage for the account of the owner.

(f) Any work done in pursuance of this Rule and involving noise, must be done during the hours 08h00 to 18h00 on weekdays, or during the hours 09h00 to 13h00 on Saturdays, but not at all on Sundays.

(g) Any work done in pursuance of this Rule must be done with the minimum of discomfort, disturbance, obstruction, and nuisance to other occupiers and must be concluded as expeditiously as possible, within the time frame specified, if any.

(h) Any deposit payable in terms of this Rule shall be paid before commencement of work and shall be repayable 60 (sixty) days after completion, subject to any deductions made by the trustees.

(i) All charges, damages, expenses and penalties raised against the owner in terms of this Rule, are payable upon demand and, if unpaid, trustees may deduct such items from the owner’s deposit and/or add the amount to his or her levy account.

(j) The owner must ensure that his or her workmen and contractors comply with the relevant provisions of this Rule.

(14) In the event of approval, or a permit or consent being required from any local or other authority for the alteration, improvement, fixture or addition or similar item, such approval, permit or consent must be obtained by the owner before commencement of the alteration, improvement, installation of the fixture, or addition.

(15) If any work done by or on behalf of an owner in pursuance of the provisions of this Rule results in expenses being incurred by the body corporate, whether it be by obstructing the employees or contractors in the performance of their work, or in any other manner, the owner concerned shall be liable for payment of such expenses, which may be added to his or her levy account.

(16) Any alteration, improvement, fixture or addition or similar item made or installed by an owner in terms of this Rule shall be maintained by the owner concerned in a state of good repair and in a clean, neat, hygienic and attractive condition, at his or her own expense. If an owner fails to maintain adequately such alteration, improvement, fixture or addition or similar item and any such failure persists for a period of 30 (thirty) days after the giving of written notice to repair or maintain given by the trustees or the managing agent on their behalf the body corporate shall be entitled to remedy the owner’s failure and to recover the reasonable cost of doing so from such owner.

(17) For the purposes of this Rule, the trustees shall have the discretion to decide what constitutes a ‘minor alteration,’ ‘structural alteration’ or ‘internal alteration’ subject to any Directives that may be given by members at a general meeting, by majority vote.

(18) If an owner (or person authorised by him or her) effects any work referred to in this Rule without obtaining the trustees’ consent, or fail to comply with the imposed conditions, or to conform to the Guidelines or required quality and appearance, or should an owner in any other way contravene any sub-rule, the trustees may request an owner to remove such structure at his or her own cost. Should an owner fail to remove or cause the removal of and/or restitution of any alteration, improvement, fixture or addition and any such failure persists for a period of 14 (fourteen) days after written notice given by the trustees, the trustees may effect such removal and/or restitution at the risk and expense of the owner concerned, who shall have no recourse against the body corporate or its trustees, employees or contractors for any damage resulting therefrom.

(19) Owners, lessees or occupiers of sections shall not leave any obstructions to the free flow of pedestrian or vehicular traffic on any part of the common property. In particular landings, staircases and passages must be kept clear at all times.

5. APPEARANCE FROM OUTSIDE

(1) An owner, lessee or occupier of a section shall not place, store or do anything in a section, on any part of the common property, on exclusive use areas, in sections, including on balconies, patios, stoeps or yards and encroachments, which in the opinion of the trustees is aesthetically displeasing or undesirable when viewed from the outside of the section.

(2) Owners, lessees and occupiers of sections must ensure that residential sections are provided with adequate curtaining or blinds at all times and within 7 (seven} days of taking occupation. All curtains and blinds when viewed from outside, must be acceptable to the trustees in their discretion.

6. SIGNS AND NOTICES

(1) No owner, lessee or occupier of a section 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 first having been obtained. The trustees may impose any reasonable conditions when granting their consent.

(2) No material whatsoever (advertising, signage or otherwise) may be affixed to any windows, without the written consent of the trustees first having been obtained. The trustees may impose any reasonable conditions when granting their consent, with due regard to the aesthetic appeal of the development.

(3) The trustees may remove such sign, notice, flag, billboard or advertisement in the event of no written permission having been obtained or in the event of noncompliance with the imposed conditions. Such removal and any repair of common
property which may be reasonably required, will be effected at the risk and cost of the owner and such owner and/or occupier shall have no claim against the body corporate or the trustees as a result of their functions performed in terms of this
provision.

7. LITTERING

(1) Subject to Conduct Rule 2, an owner, lessee or occupier 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 butts, food scraps or any other litter whatsoever. In particular, no material or objects may be thrown out of windows or from balconies.

8. LAUNDRY

(1) An owner, lessee or occupier of any section shall not, without prior written consent of the trustees, erect his or her 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.

(2) An owner, lessee or occupier of a section may only hang his or her washing or laundry on his or her stoep, patio, balcony or yard provided that it is not visible from outside the building(s).

9. STORAGE OF INFLAMMABLE MATERIAL AND OTHER DANGEROUS ACTS

(1) An owner, lessee or occupier of a section shall not store any flammable 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 cause an increase of the premium payable by the body corporate on any insurance policy.

(2) No firearms may be discharged in a section or any part of the common property, except under such circumstances, which would reasonably justify the use of a firearm for self-defence and related purposes.

(3) No stones or other hard objects may be thrown or propelled on the common property.

10. LETTING AND OCCUPANCY OF UNITS AND RELATED MATTERS

(1) An owner of a section shall when concluding a lease agreement or other grant of occupancy in respect of his unit: –

(a) Furnish the lessee or occupier with a copy of the Conduct Rules;

(b) Include the following provision in such lease agreement or grant of occupancy: – “It is the legal duty of the lessee (occupier) to comply with the provisions of the Conduct Rules of the Scheme, failing which he or she may
become liable to pay a fine (penalty) to the body corporate.”

(2) Notwithstanding sub-rule (1), all lessees 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, or the absence of provisions, in any lease or any grant of rights of occupancy.

11. ERADICATION OF PESTS AND HEALTH REGULATIONS

(1) An owner, lessee or occupier shall keep his or her section free of rats, mice, cockroaches, 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 or her 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 that may be damaged by any such pests shall be borne by the owner of the section concerned.

(2) Each owner, lessee or occupier of a section is responsible to ensure that activities inside his or her section or on the common property comply with all municipal health regulations and that no danger or risk is created or allowed to the health, safety or property of other occupiers of sections or other persons legitimately present on the premises.

12. NOISE AND/OR NUISANCE

(1) No noise that is excessive, in the discretion of the trustees, may at any time be created by an owner, lessee or occupier or by his or her family members, guests, clients or employees in a section or on the common property.

(2) All television, radio, and other appliances emitting sound, including musical instruments, must be kept at audio levels which are reasonable in the discretion of the trustees.

(3) Owners, lessees, occupiers, guests, clients, visitors and patrons of sections shall maintain quietness in sections and on the common property between the hours’ 23h00 and 07h00.

(4) The horns of motor vehicles may not be sounded at any time on the common property, except as a warning of imminent danger or in the case of an emergency.

(5) No owner, lessee, occupier, guest, client, visitor or patron may cause an unreasonable noise or nuisance when driving a vehicle or motorbike on the common property. Owners, lessees and occupiers shall properly maintain the silencers of their
vehicles and motorbikes.

(6) No explosives, crackers, fireworks or items of similar nature may at any time be exploded, lit or operated in a section or any part of the common property.

(7) The use of power tools, hammering and other noise generating equipment shall not be permitted before 08h00 and after 18h00 on weekdays, and before 09h00 and after 13h00 on Saturdays, and at all on Sundays.

(8) No owner, lessee, occupier, guest, client, visitor or patron may permit anything to be done in his or her section, exclusive area or on the common property, which constitutes a nuisance or an unreasonable invasion of the privacy of the other
occupiers of the buildings, or permit or cause any disturbance or allow his or her patrons, clients, visitors, children or visitors of their children to cause any disturbance which in the opinion of the trustees would constitute a nuisance or an invasion of the right of privacy of other occupiers.

13. PROHIBITION OF ACTIVITIES

(1) No business or trade may be conducted in residential sections or on the common property except with the prior written consent of the body corporate first having been obtained.

(2) Except for the auction of a unit, no auctions or similar sales or exhibitions may be held in residential sections or on the common property.

(3) No skateboards, roller skates, roller blades, ‘quad-bikes’ or carts may be used on the common property and no ball games may be played on the common property.

(4) No owner, lessee or occupier may plant any shrub, tree or plant on the common property, or damage or remove any shrub, tree or plant on the common property
without the prior written consent of the trustees.

14. SECURITY, SAFETY AND RISK

(1) Owners, lessees and occupiers of sections must at all times ensure that the security and safety of other occupiers and their property are preserved, and in particular must: –

(a) handle their access controls responsibly and must report any loss of an access control to the trustees;
(b) ensure that upon entering or leaving the premises or buildings, the relevant pedestrian-, or entrance or exit gate is properly closed; and
(c) ensure that such pedestrian gate, entrance gate or exit gate are never opened for unknown or uninvited persons;
(d) comply with any security measures and Directives imposed from time to time by the trustees.
(2) All persons on the common property or using any of its facilities or services are there and do so entirely at their own risk, and no person shall have any claim against the body corporate 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 body corporate shall not be liable for any injury, loss or damage of any description that any person may sustain, physically or to his or her property directly or indirectly, in or about the common property, its amenities or in the individual sections nor for any act done or for any neglect on the part of the body corporate or any of the body corporate’s employees, agents or contractors. (3) The body corporate shall not be liable or responsible for the receipt or non-receipt and delivery or non-delivery of goods, postal matter or any other property.

15. EMPLOYEES

(1) Owners, lessees and occupiers of sections may not request body corporate employees to perform tasks for them during their work hours.
(2) Owners, lessees and occupiers of sections may not interfere with body corporate employees in the performance of their duties as allocated to them by the trustees, but must give their full co-operation to such employees.
(3) Owners, lessees or occupiers of sections shall ensure that their employees comply with the security measures imposed by the trustees, and shall further ensure that their employees do not cause a nuisance to other occupiers of sections. No
employees may loiter on the common property.

16. SWIMMING POOL

(1) The swimming pool is there for the exclusive use and enjoyment by owners and / or tenants.
(2) Usage of the swimming pool is at own risk.
(3) No animals are allowed in the swimming pool area or in the swimming pool.
(4) The caretaker, trustees or anyone authorized by them will have the right to remove any person/s that don’t apply by the swimming pool rules.
(5) All owners / tenants living in Die Rand must ensure that the gate of the swimming pool area is locked at all times.
(6) All people using the swimming pool are requested to keep noise to a minimum because there are units very close to the swimming pool area.
(7) The swimming pool area will be closed on a Thursday for maintenance and cleaning of the pool.
(8) No alcohol will be allowed in the swimming pool area or swimming pool.
(9) The swimming pool times will be from 08H00 – 22H00.

17. GENERAL

(1) Levies shall be payable in monthly instalments, and monthly in advance before the 3rd day of each month and preferably by debit order. However should levies be deposited in cash in the body corporate’s bank account, a handling fee shall be
payable in respect of each cash deposit by the particular owner to the body corporate.

(2) If any levy is paid after the 3rd day of a month, the trustees may impose a fine (penalty) on the particular owner. The body corporate may, at a general meeting, from time to time, determine the amount of a fine (penalty) to be imposed on owners in respect of late payment of levies.

(3) An administrative charge may be levied by the body corporate on an owner in respect of a letter of notification to an owner with regard to his or her levies being in arrears and in respect of a letter of notification or warning to an owner (and if applicable the lessee or occupier of a section) with regard to his or her breach of the Conduct Rules.

18. COMPLAINTS

(1) All complaints must be submitted to the trustees or managing agent in writing.

(2) Owners, lessees or occupiers of sections must notify the trustees or managing agent of any damages to the common property or the equipment of the body corporate.

19. IMPOSITION OF PENALTIES

(1) If the conduct of an owner, lessee, occupier, guest, client or patron of a section or his or her visitors constitutes a nuisance in the opinion of the trustees, or if an owner, lessee, occupier, guest, client, patron or visitor contravenes, breaches, disobeys or disregards a Management or Conduct Rule, the trustees may furnish the owner and where applicable, the lessee or occupier with a written notice which may in the discretion of the trustees be delivered by hand or by registered post. In the notice the particular conduct, which constitutes a nuisance, must be adequately described or the Rule that has allegedly been contravened must be clearly indicated, and the transgressor must be warned that if he or she persists in such conduct or contravention, a fine will be imposed on him or her.

(2) If the transgressor nevertheless persists in that particular conduct or in thecontravention of that particular Rule, the trustees may convene a meeting of trusteesto discuss the matter and to impose a fine on the transgressor.

(3) A written notice by which the owner and where applicable, the lessee or occupier, isinformed of the purpose of the meeting and invited to attend, must be sent to theowner and where applicable, the lessee or occupier at least 7 (seven) days beforethe meeting is held. At the meeting the owner and where applicable, the lessee oroccupier must be given the opportunity to present his or her or their case, but exceptin so far as may be permitted by the chairperson, he or she or they may notparticipate in the affairs of or voting at the meeting.

(4) After the owner and where applicable the lessee or occupier has been given theopportunity to present his or her or their case, the trustees may by way of a trustees’resolution of 75% of the trustees present at the meeting, with a minimum of threetrustees being present, impose an initial penalty for the first offence and asubsequent penalty for every identical offence thereafter on the transgressor(whether owner, lessee or occupier).

(5) Any fine imposed in terms of sub-rule (4), may if it is not paid by the transgressor(whether owner, lessee or occupier) within 14 (fourteen) days after he or she hasbeen notified of the imposition of the fine, be added to the contribution which anowner is obliged to pay in terms of section 3(1) of the Act and claimed by the trusteesas part of the monthly levies payable by the owner.

(6) The body corporate may, at a general meeting, from time to time, determine theamount of the initial and subsequent penalties.

20. RELAXATION OF RULES

Any indulgence or relaxation in respect of these Rules shall not constitute a waiver orconsent, or prevent their enforcement by the trustees at any time.