RULES OF CONDUCT

Drawn up for the Control, Management, Administration, Use and Employment of the Sections and the Communal Property of ESPLENDOR under Section 35 of the Sectional Titles Act ( Act No. 95/1986 as amended “The Act”)

DEFINITIONS

The following definitions shall be read together with the definitions, etc as contained in the Act.

BODY CORPORATE

Each owner of a unit is part of the Body Corporate of the complex ESPLENDOR.

COMMUNAL PROPERTY

Any part of the land of the complex ESPLENDOR that is not included in a Section and which includes such things as thoroughfares for vehicles and gardens.

EXCLUSIVE USE OF

A part or parts of the communal property for the exclusive use of the owners of one or more sections as contemplated in Section 27 of the Act.

LAND

The land that forms part of the complex ESPLENDOR as indicated on the Sectional Plan.

SECTION

A section (of the complex ESPLENDOR which is indicated on the Sectional Plan as such and Belonging to the registered owner).

TRUSTEES

The controlling body of the complex ESPLENDOR.

RULES

GENERAL

The communal property of the complex ESPLENDOR shall jointly belong to all the owners of units in the said complex and it is the duty of each owner/resident to protect any part of the communal property as if it were their own private property.

TENANTS

All the rules shall apply ipso facto to tenants and all persons who have obtained right of occupancy of a section in whatever manner, and no agreement with such residents that is contrary to this stipulation shall be binding.

It is the responsibility of the owner to bring the contents of these rules for behaviour to the attention of the residents and to see to it that they are adhered to.

VISITORS/GUESTS

All the following rules shall apply ipso facto to visitors/guests of owners/residents as well as to any person entering the property belonging to the complex ESPLENDOR and it is the responsibility of the owner/resident to see to it that their visitors/guests and other persons adhere to and obey all the rules.

1. VEHICLES

1.1. Vehicles may only be parked in parking areas indicated as such. No owner/resident or visitor/guest may park or leave, or allow parking or leaving, a vehicle on the communal property or in the thoroughfare(s) for vehicles/pedestrians. NO VEHICLE MAY BE PARKED ON THE AREAS MARKED WITH YELLOW PAINT.

1.2. The Trustees may have any vehicle parked or left on the communal property or in a thoroughfare for vehicles/pedestrians removed or towed away at the cost of and the risk of the owner/resident concerned.

1.3. Vehicles of owners/residents/visitors/guests may not leak oil or brake fluid on any parking or undercover parking areas and paving areas or damage such areas in any way. If this rule is transgressed the owner of the unit concerned, will be kept liable for the cost of cleaning/repairs.

1.4. An owner/resident shall not be allowed to take a vehicle apart or undertake extensive repair work on it on any part of the common property, an exclusive use area or in a section.

1.5. No large vehicles, including removal trucks, may enter or park in the complex as the parking is purely for residential purposes only.

1.6. Vehicles may not be driven at a speed in excess of 10 km/h on any part of the communal property taking due care for pedestrians.

1.7. Owners, residents and visitors may not blow their hooters to gain access to the complex.

1.8. Caravans and trailers may only be parked in an area specifically indicated by the body corporate.

1.9. Motor vehicles may only be washed on that portion of the property which has been designated for that purpose by the body corporate.

1.10. Car wash area for unit nos. 9, 10, 11, 12, 13, 27, 28, and 29 is next to the servants quarters. All the other units’ carwash areas are in front of their carports.

1.11. Parking for visitors and for a third car is available in the designated visitors parking area.

2. TOYS AND/OR OTHER OBJECTS

2.1. No toys or other objects may be left anywhere in the communal property.

3. DAMAGE OR ALTERATIONS TO THE COMMUNAL PROPERTY

3.1. Security doors may only be constructed according to the design approved by the Trustees of the complex.

3.2. Notwithstanding subrule 3.1 an owner or someone authorised by the owner may:

• 3.2.1. Install any locking device, security gate, burglar bars or other security apparatus for the protection of the section;
• 3.2.2. Install a TV antenna, air-conditioning unit, any form of structure that will be permanently attached to the outer walls of the residential units or an apparatus to keep out animals or insects; provided that the Trustees have first given their written approval to the nature and design of the apparatus as well as to the manner in which it will be installed.

3.3. Any shading, patio or carport must be approved by the Trustees. Applications together with a sketch plan must be submitted to the Trustees for prior approval before the application is made to the City Council for approval.

3.4. Faults/breakages/maintenance required on communal property must be reported to the Trustees or Managing Agent.

3.5. Tampering of equipment

It is prohibited to tamper with the following equipment:

• Fire fighting equipment
• Gates and gate motors
• Gate keypads
• Swimming pool equipment
• Television equipment
• External lighting equipment
• Post boxes
• Garden maintenance equipment
• Electrical supply

3.6. Skylights of Units

It is prohibited to open skylights of units. These skylights have been sealed off to prevent water damage.

4. OUTSIDE APPEARANCE

4.1. Owners/residents of a section used for residential purposes may not place anything or do anything on any part of the communal property, including balconies, patios, verandahs, carports and carports which, in the opinion of the Trustees, appears aesthetically unacceptable or undesirable when it is seen from the outside of the section.

4.2. Garage doors must be closed at all times.

5. SIGNS AND NOTICES

5.1. Owners/residents of a section may not attach a sign, notice, notice board or advertisement of any nature whatsoever on any part of the communal property or a section thereof if it is visible from the outside of the section without the permission from the Trustees.

6. LITTER

6.1. An owner/resident of a section may not dump, throw or cause to be dumped or thrown, any litter, including rubbish, cigarette buds, leftover food or other rubbish on the communal property.

6.2. All liquids must be placed in sealed plastic bags.

7. LAUNDRY

7.1. An owner/resident of a section may hang washing in the exclusive use gardens providing that this is for a reasonable period only.

7.2. It is not allowed to hang washing over the balconies or burglar proofing.

7.3. Washing may be put on a standing airer on the verandah or in the garden. The airer must be removed when it is not in use.

8. STORAGE OF FLAMMABLE MATERIALS AND OTHER DANGEROUS SUBSTANCES

8.1. An owner/resident may not store any material or carry out any other dangerous actions, cause it to be carried out, or allow it to be carried out in in a section that is occupied or on the communal property, or a section thereof, if it can or will bring about an increase in the tariff of the premium payable by the Body Corporate or any other insurance policy.

9. RENTING OF UNITS

9.1. All tenants of units and other persons who have been granted occupation rights by an owner of a particular unit shall adhere to these rules for behaviour notwithstanding provisions contained in any rental agreements or in the granting of occupation rights that state otherwise.

9.2. Owners are liable and will be kept responsible for the behaviour of their tenants/residents/visitors.

10. EXTERMINATION OF PESTS

10.1. An owner shall keep his/her unit free of termites, boring insects and other insects that destroy wood and shall for this purpose, allow the Trustees, the Manager and their authorised agents or employees access to the section from time to time to inspect the section and to take such steps as is deemed necessary in order to exterminate such pests.

The cost of inspection of  such pests found within the section and the replacing of any wood or other material forming part of such section and damaged by such pests, shall be borne by the owner of the particular unit.

11. SILENCE

11.1. All owners/residents are responsible for controlling the behaviour of their guests and visitors. No unnecessary disturbances or the use of car hooters shall be allowed.

11.2. Radio’s and musical instruments, TV’s and HI FI’s shall be used in such a way that they shall not cause a disturbance to any unit or section.

11.3. Silence must be maintained between 14:00 and 16:00 and between 22:00 and 07:00.

12. GARDENS

12.1. No plants, flowers and trees may be planted in or removed, from the communal gardens, before permission is received from the Trustees.

12.2. Throwing of garden rubble onto vacant sites or side of thoroughfares is forbidden. Garden rubble must be placed at the refuse area near the entrance of the swimming pool.

12.3. Shrubs and plants, including those with thorns, must be cut and placed into suitable containers for removal by the garden services.

12.4. Each resident must keep his or her enclosed garden area neat and tidy.

12.5. Residents are requested to identify plants and trees that may cause damage to the building structure. It is not permitted to plant trees, fruit trees and plants that may cause damage to the building structure.

13. HOBBIES

13.1. No hobbies or any other activities shall be practised on the communal property if it might cause a disturbance to other residents.

14. CHILDREN

14.1. Residents shall supervise their children as well as the children of their visitors in such a way that nothing may be damaged and that they are not a nuisance to other residents. In particular, children may not play with the post boxes (if any), damage plants, decorations, water ponds, electrified fencing, garden gates, nameplates, and ride on security gates or damage the motor control.

14.2. Parents are responsible for the safety of their children on the common property. Children are not allowed to play on the driveways.

14.3. No ball games are permissible in areas other than those specifically designated by the Trustees for the purpose.

14.4. The designated areas are:

• On the lawn between the servants quarters and the postboxes
• On the lawn next to unit number 19
• The swimming pool

At all the above mentioned areas children must be supervised by their parents and any damages that may occur to any property will be for the relevant owner/parent/visitor/tenants account.

15. DOMESTIC WORKERS/GARDENERS

15.1. Owners/residents shall ensure that their domestic workers/gardeners do not make any noise on the communal property or any other section.

15.2. Owners/residents shall provide their domestic worker/gardener with toilet paper when they make use of the facilities at the complex. The facilities are situated at the servants quarters.

15.3. No domestic worker/garden worker or any other labourer may be given lodging in the garage or storeroom of a unit or in a wendy house.

16. VISITORS

16.1. The owners/residents shall be accountable for the behaviour of their visitors and they shall ensure that all house rules in terms of the Sectional Title Act, and/or agreement to these rules, shall be carried out.

17. BUSINESS ACTIVITIES

17.1. No business, trade or profession may be conducted on the communal property or in a section thereof.

17.2. No auctions, sales or jumble sales may be held on the common property or in a section.

17.3. No advertising or publicity material may be distributed or exhibited on the communal property.

18. BRAAI/BARBEQUE FACILITIES

18.1. Braai equipment may only be kept and used within the enclosed exclusive use areas of residents.

18.2. Under no circumstances may braais be erected without the necessary permission of the Trustees.

18.3. Braai equipment may be used at the swimming pool area. All equipment must be removed and the area must be left clean and tidy after usage. It is not allowed to make a fire on the lawn paving or swimming pool filter boxes.

19. ANIMALS, REPTILES AND BIRDS

19.1. No dogs, cats, reptiles or any pets shall be permitted in or on the units or communal property without written permission from the Trustees. However, the Trustees may withdraw permission should any condition laid down during approval not be adhered to or ignored.

19.2. Dogs/cats must be of such a height & weight as well as nature to be suited for living in small areas.

19.3. Dogs, which are permitted, will be controlled properly by means of a lead when they are moving about on the communal property or any section of the complex. Owners/residents who wish to keep dogs and cats must take care that sufficient precautions have been taken to ensure that dogs and cats cannot get out of their sections or the exclusive use area.

19.4. Dogs and cats which are permitted may not dirty or damage any part of the communal property or any part of the complex at all.

19.5. Dogs or cats that are permitted may not be a nuisance to other residents of the complex.

19.6. In future, two dogs/cats will be permitted subject to written permission from the Trustees.

19.7. Barking and whining dogs and cats, especially where owners/residents are not at home, are very disruptive. Owners/residents are requested to attend to this problem, should it occur, or the Trustees will be compelled to prohibit dogs of which complaints are received.

19.8. All animals, older than six months, must be sterilised. Proof of sterilisation must be handed in with the application.

19.9. Owners must ensure that cats are being kept indoors and not make a nuisance at neighbouring units.

19.10. Owners of pets shall always take care that they obey the Animal Protection Act and should it appear that they are guilty of a crime with regards to this matter, the Trustees shall have the right to enter the particular section unhindered and at the risk of the owner/resident, whether with the representative of the authorities concerned or without them, in order to take necessary action.

19.11. No aviaries, kennels or other like accommodation for pets can be sited at any place where it can be in view of any portion of the common property.

19.12. No breeding with animals will be allowed.

19.13. Owners must remove animal excrement (poo) on a daily basis. Owners must take care that their dustbins are not smelly.

20. REMOVAL OF RUBBISH

20.1. Refuse or refuse containers may not be visible on the communal property except in specially designated areas.

20.2. Owners/residents shall make their own arrangements for the removal of additional refuse.

20.3. Refuse placed in containers may not be contrary to the regulations of the City Council/contractor; for example, broken glass should be wrapped in a double layer of newspaper before being packed in a refuse bag. Refuse bags and containers must be kept clean and hygienic.

20.4. No refuse may be placed on any part of the communal property where it is visible from any part of the communal property unless it is in a container. Each owner/resident must see to it that all refuse is packed in a suitable bag and placed in the containers as stated in 20.1.

20.5. Refuse are removed once a week on a day as determined by the Trustees and therefore the containers may only be outside units on the specific day. During the rest of the week, owners must keep their containers in either their garages or in the appropriate areas.

20.6. Owners/residents must ensure that their refuse bins are removed from the collecting area and returned to their on the same day that the refuse is removed.

20.7. Refuse other than garden refuse may not be dumped in the garden refuse.

20.8. If an owner decides to refurbish his unit on the inside he must consult the Trustees so that a certain spot can be allocated to the contractors to deliver and remove building materials and rubble.

21. LABOURERS

21.1. Owners/residents may not negotiate directly with the labourers/garden services under any circumstance.

21.2. No private loans should be made to any labourer/labourer from the garden services, and neither the Trustees, nor the Managing Agent will take any responsibility in this regard.

22. HAWKERS

No hawkers will be allowed on common property.

23. WATER SUPPLY

To maintain the water system it is necessary to maintain taps, toilets, geysers, valves and pipes in good condition. If these items are maintained properly the cost of water supply will be minimised.

24. COMPLAINTS/SUGGESTIONS

24.1. Owner’s residents must hand in written complaints/suggestions to any member of the Board of Trustees/Managing Agent in writing.

25. PAYMENT OF LEVY

25.1. Levies are strictly payable in advance on/or the first day of each calendar month.

25.2. In accordance with the Management Rules interest will be charged on all arrear accounts.

25.3. In accordance with the Management Rules, owners with levies in arrear are liable for any administrative costs incurred in the effort of recovering/collecting arrears.

25.3. In accordance with the Management Rules, owners with levies in arrear are liable for any administrative costs incurred in the effort of recovering/collecting arrears.

25.4. The Trustees will instruct the Managing Agent to proceed with legal action should owners not react or respond to the final letter of demand.

26. SWIMMING POOL

27.1. The pool may only be used by residents or their guests during the day.

27.2. Owners must exercise strict control over their key to the gate of the swimming pool. The gate must be kept locked at all times for the protection of children.

27.3 Parents are responsible for the behaviour and safety of their children.

27.4. Owners are responsible for the behaviour and safety of their guests and any claims for damages which might arise. Guests must be accompanied by the resident.

27.5. Some children climb over the gate to the swimming pool or break the latch. This causes unnecessary expense. Parents must stop such behaviour.

27.6. The pool area must be kept tidy.

27.7. Children under the age of 12 must be accompanied by an adult.

27.8. Children are not allowed to climb on the box containing the pump/filter.

27.9. The trustees have arranged safe use of the pool. All residents, other persons and children use it at their own risk. The Body Corporate will not be responsible for any possible injuries to persons or damage to Third party property.

27.10. No pets allowed in the pool or pool area.

27.11. No urinating in the pool or pool area.

27.12. No parties in pool area unless written permission was requested and received.

27.13. Noise must be kept down.

27.14. No glass/glasses/alcohol in the pool.

27.15. Everyone entering the swimming pool area must be suitably clothes and everyone using the pool must have swimming attire on.

Approved on 27 October 2014

27. CONCLUSION

26.1. It is hoped that with co-operation and loyalty to the regulations and code of conduct set out above a better and happier life at the complex will be experienced by all.

Agreed to at a Meeting of Owners on this 24th day of October 2002