Please email all suggestion or comments to Justus, justus@ja1prop.co.za who will forward it to the trustees.

CONDUCT RULES: SUNDOWNERS RIDGE BODY CORPORATE

v 0.04 2012-03-20

1. ANIMALS AND BIRDS

  1. Subject to 1.2, a person may not keep or feed a cat in a section or on the common property and the trustees may not grant consent for the keeping of any cat.
  2. Persons who, on the date this rule comes into effect, are keeping cats in sections must make application to the trustees for consent to keep each cat within twenty one (21) days. The trustees may not unreasonably withhold consent and may impose reasonable conditions. A cat approved in terms of this provision may not be replaced when it dies.
  3. A person may, with the prior written consent of the trustees, keep a dog or bird in a specified section.
  4. The trustees may not grant consent for more than two dogs per residential section. Due to limited space of exclusive use area only small dogs, not bigger than 40cm in height when grown, will be allowed.
  5. When the trustees grant consent to any person to keep a cat (only in terms of 1.2 above) dog or bird, the following conditions apply automatically:
    1. A person to whom consent is granted must ensure that:
      1. A dog or cat at all times wears an identification disc;
      2. A female cat or dog is spayed;
      3. A male cat or dog is neutered;
      4. Written proof from, a registered veterinarian of spaying or neutering is delivered to the trustees;
      5. An animal or bird is supervised and accompanied by a person at all times when it is on the common property;
      6. Dogs are always kept on leads no longer than (1) meter when they are on the common property;
      7. All animal or bird waste matter is promptly placed in a sealed bag or container and deposited in a refuse container;
      8. The animal or bird does not make a noise or act in any other manner which, in the discretion of the trustees, constitutes an unreasonable interference with the rights of any occupier of a section.
    2. A person who keeps a cat, dog or bird is deemed to have indemnified the body corporate and each of the trustees individually against any claim arising from the actions or existence of the animal or bird in any section or on the common property and against all costs associated with that claim.
    3. No pets from friends, family or any other person may be brought into, or kept in any section or on the common property for any period without prior approval from the trustees.
    4. If the trustees have reason to believe that any animal or bird in the scheme may not be receiving adequate care, they may call an organization specializing in animal protection to inspect the animal and the trustees are entitled to enter any section or exclusive use area for the purpose of inspecting such animal or bird. If the organization consulted is of the opinion that the animal is not being adequately cared for, the trustees may authorize that organization to remove the animal from the scheme at the risk and expense of the person to whom consent is granted.
  6. If the trustees have reason to believe that there is a breach of this rule in that any animal or bird is being kept in the scheme without consent, is causing an unreasonable interference with the rights of any occupier of a section or that the terms of any consent have been breached, they may convene a meeting of trustees to decide what action is appropriate and shall notify the person to whom consent has been given to keep that animal or bird and the owner of the relevant section of the reason for the meeting and the trustees shall give that person the opportunity to hear and respond to all allegations made. If a person invited fails to attend the meeting, the trustees may hear the matter and make a decision in that person’s absence. After considering all the evidence before them, the trustees shall make a decision as to whether there has been a breach of this rule. If the trustees find that there has been a non-trivial breach of this rule they may:
    1. Caution or reprimand the person in writing; or
    2. In the case of a second or subsequent offense, fine the person an amount of not more than one thousand rand (R1000,00) or such higher amount as has been determined for this purpose at a general meeting of owners, or
    3. Withdraw the consent for the keeping of the animal or bird; and /or
    4. Order that the animal or bird be removed from the scheme within a reasonable period.
  7. The trustees may, in addition to the automatic conditions set out in 1.5, impose any other reasonable conditions when granting consent to keep an animal or bird in the scheme.
  8. A fine imposed in terms of 1.6 shall be added to the contribution which the owner of the relevant section is obliged to pay in terms of section 37(i) of the Act and claimed by the trustees as part of the monthly installment payable by that owner together with interest at the rate determined by the trustees for overdue levies.

2. REFUSE DISPOSAL

  1. A person must:
    1. Dispose of all refuse from a section in the container that the body corporate must supply for that purpose;
    2. Ensure that before refuse is placed in the container it is securely wrapped in sealed bag, or in the case of tins, completely drained;
    3. For the purpose of having the refuse collected, place the sealed bag outside the unit in the area and at the times designated by the trustees in writing from time to time, Monday to Friday;
    4. Bags are not allowed in the common property area over weekends or Public holidays.
    5. No building rubble or any heavy refuse may be put into the wheely bin. The owner or occupant must dispose of unsuitable , over-sized items themselves at the municipal dumping site.
    6. Garden rubbish must be place in plastic rubbish bags, only two bags of garden rubbish are allowed per unit.
    7. Wheely bins must be kept inside the rubbish area, next to the gate.
    8. The Rubbish area must be kept clean at all times.

3. VEHICLES

  1. A person may not park or leave any vehicle, caravan, trailer or motor cycle on the common property, or permit or allow any vehicle, caravan, trailer or motor cycle to be parked or left upon the common property, without the prior written consent of the trustees.
  2. The trustees may cause to be removed, wheel clamped or towed away, at the risk and expense of the owner of the vehicle, any vehicle parked, standing or abandoned on the common property without the written consent of the trustees.
  3. A person must ensure that their vehicle does not drip oil or brake fluid on the common property or in any way deface the common property.
  4. A person may not be permitted to dismantle or affect major repairs to any vehicle, caravan, trailer or motor cycle on any portion of the common property, an exclusive use area or in a section.
  5. A person who parks a vehicle, caravan, trailer or motor cycle on the common property does so at their own risk.
  6. A person may not drive any vehicle at more than 15 kilometers per hour on the common property.
  7. The trustees may refuse to allow any person to bring any vehicle onto the common property if, in their sole discretion, if the vehicle makes an excessive noise.

4. DAMAGE, ALTERATIONS OR ADDITIONS TO THE COMMON PROPERTY

  1. A person may not mark, paint, drive nails or screws or the like into, or otherwise damage, or alter, any part of the common property without obtaining the prior written consent of the trustees.
  2. Notwithstanding rule 4.1, a person may install:
    1. Any locking device, safety gate, burglar bars or other safety device for the protection of his section; or
    2. Any screen or other device to prevent the entry of animals or insects;
    3. Any gutters to catch roof runoff water; Provided that the trustees have first approved in writing the nature and design of the device and the manner of its installation.

5. APPEARANCE FROM OUTSIDE

  1. A person may not place or do anything on any part of the common property, including balconies, patios, stoeps and gardens which, in the discretion of the trustees, is aesthetically displeasing or undesirable when viewed from the outside of the section.
  2. A person may not, without the prior written consent of the trustees, place or affix any part of an air-conditioner installation or install any awning on the common property.
  3. A person may not, without the prior written consent of the trustees, place or affix solar geysers, or solar panels to the roof of any unit.

6. SIGNS AND NOTICES

  1. A person may not, without the prior written consent of the trustees, 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 the outside.
  2. When selling a unit there may be at most one sign, outside the complex for any unit, on the day that the house is open on a show day.

7. LITTERING

  1. A person may not deposit, throw, or permit or allow to be deposited or thrown, any rubbish, including dirt, cigarette butts, food scraps or any other litter whatsoever on the common property.
  2. The above point also apply to the rubbish area. Refer to section 2."REFUSE DISPOSAL"

8. LAUNDRY

  1. A person may not, without the prior written consent of the trustees, erect his/her/its 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.

9. STORAGE OF INFLAMMABLE MATERIAL AND OTHER DANGEROUS ACTS

  1. A person may not store any material, or do or permit to be done, any other dangerous act in the building or on the common property which will or may increase the rate of the premium payable by the body corporate on any insurance policy.

10. LETTING OF UNITS

  1. A tenant of a unit and another person granted rights of occupancy by any owner is obliged to comply with these rules, notwithstanding any provision to the contrary contained in any lease agreement or any grant of rights of occupancy.
  2. It is the responsibility of the occupant of a section to ensure that all visitors are obliged to comply with these Conduct rules.
  3. It is the sole responsibility of the owner of a unit to settle the levy account on time, including water electricity, in full.
  4. It is the responsibility of the owner of a unit to give a copy of the Conduct Rules to new tenants / occupant's before they move into the unit.

11. ERADICATION OF PESTS

  1. An owner must keep his section free of white ants, borer and other wood destroying insects and to this end must permit the trustees, the managing agent, and their duly authorized agents or employees, to enter his section from time to time for the purpose of inspecting the section and taking such action as may be reasonably necessary to eradicate any pests.
  2. The costs of the inspection, eradicating any pests as may be found within the section, replacement of any woodwork or other material forming part of such section which may be damaged by any pests must be borne by the owner of the section concerned.

12. FIRE HYDRANTS

  1. No person shall interfere with any fire hydrant on the common property.

13. NUISANCE

  1. A person may not make a noise or act in any other manner which, in the discretion of the trustees, constitutes an unreasonable interference with the rights of any occupier of a section.
  2. No owner or occupier of a section shall make or allowed to make any noise after 23h00 or before before 9h00 on a weekend.
  3. No owner of occupier of a section shall sound or allow to be sounded any hooter or alarm unless in case of emergency.

14. CHILDREN

  1. Owners and occupiers must supervise children under the age of eight (8) whilst they are on the common property.
  2. Owners or occupiers of a section must ensure that children do not make excessive noise in the immediate vicinity of any unit.

15. ACCESS AND SECURITY

  1. The trustees may operate an access control system and require all persons to use access disks and remote control devices to enter and exit the scheme.
  2. All owners and occupiers issued with access disks and remote control devices must keep these within their control. If an owner or occupier requires an additional or replacement access disk or remote control device, the trustees may charge that person for the reasonable costs of the access disk or remote control device.
  3. No remote control devices must be given to domestic staff, the gate code can be used to exit the premises, and the mircom system for entry.
  4. The trustees or any Resident may not allow onto the common property and vehicle weighing more than five (5) tons. (bruto) A fine of R500-00 will be charged to the units account if the owners or occupier allow the truck to enter the complex.

16. SEWERAGE AND WASTE PIPES

  1. A person may not flush anything down any toilet or drain in the scheme which could cause an obstruction of the sewerage piping system.

17. BUILDING ALTERATIONS

  1. A person may not carry out building alterations within a section or on an exclusive use area without giving the trustees at least seven (7) days written notice. If the proposed alteration may, in the opinion of the trustees, affect the stability of any part of the building structure, the trustees shall require that a certificate from a structural engineer be provided before the alterations are commenced and may impose any reasonable condition in relation to the proposed alterations.
  2. No alterations may be commenced before all necessary permissions are granted by the relevant local authority and the Trustees.
  3. The trustees may refuse access to the common property to any contractor if they have not given written consent to the relevant alterations.

  4. No trucks delivering building material, sand or bricks will be allowed in the complex.

  5. A deposit of R1000-00 will be recovered from the owners of the unit before any building work will be allowed.

18. SERVICE

  1. A person may not interfere with or employ any body corporate employee during normal working hours.
  2. If an owner or occupier have any complaints regarding a employee, put it in writing to the Trustees through the Managing agent.

19. BREACH OF SCHEME RULES OR PROVISIONS OF THE ACT

  1. If the conduct of a person bound by these rules, in the opinion of the trustees, constitutes a:
    1. nuisance; or
    2. breach of any duty under section 44 of the Act; or
    3. breach of any of the duties contained in prescribed management rules 68 to 70 (inclusive), or
    4. breach of any of the scheme’s conduct rules
    5. the trustees may furnish the person with a written notice which may, in the discretion of the trustees, be delivered by hand or by registered post or through electronic email. In the notice the particular conduct which constitutes a nuisance must be described or the provision that has allegedly been contravened must be indicated, and the recipient must be warned that if she/he/it persists in such conduct or contravention, a fine will be imposed on the owner of the section.
  2. If the person nevertheless persists in that particular conduct or in the contravention of that particular rule, the trustees may convene a meeting of trustees to discuss the matter.
  3. A written notice by which the person is informed of the purpose of the meeting and invited to attend, must be sent to the person and the owner of the section (if the person is not an owner) at least 7 days before the meeting is held. At the meeting the person must be given the opportunity to make representations, but except in so far as permitted by the chairperson, may not participate in the conduct of the meeting.
  4. After the person has been given the opportunity to make representations, and if 75% (seventy five percent) of the trustees present at the meeting agree that a provision of the scheme rules or the Act has been breached, the trustees may by majority decision impose on the offender a fine of not more than R1 000,00 for the first offence, a fine of not more than R1 500,00 for every identical offence thereafter and a fine of not more that R500,00 per additional day for an ongoing offence. The monetary limits of the fines in terms of this rule shall, at the request of any owner, be reviewed at any annual general meeting and may be amended by majority vote.
  5. A trustee shall not be entitled to participate at the meeting referred to in 19.4 in that capacity if the trustee or any person who occupies the residential section which the trustee owns or represents is the alleged offender.
  6. Any fine imposed in terms of sub-rules 19.4 may be added to the contribution which the owner is obliged to pay in terms of section 37(1) of the Act and claimed by the trustees as part of the monthly installments payable by the owner together with interest at the rate determined by the trustees for the overdue levies. Monthly payments will be disbursed in the following sequence; firstly, all outstanding fines and penalties thereafter levy fees, water and electricity.
  7. Levies are payable in advance on the 1st day of each calendar month.
  8. All cash deposit fees charged by the bank, will be debited to the owners levy account.

THE END

... Hits=47

SundownersRidge/ConductRules (last edited 2012-03-20 06:00:32 by PieterSmit)