CONDUCT RULES
[Section 35 (2) (b) of the Sectional Titles Act, 1986]
1 Animals, reptiles and birds
(1) An owner or occupier of a section shall not be permitted to keep any pet in a section or on the Estate.
(2) The killing or slaughter any mammal, bird or reptile on the Estate is prohibited. It is also prohibited to cure or to hang up to dry any meat, fish, skin or carcass or any part thereof within the Estate.
2 Refuse disposal
(1) An owner or occupier of a section shall-
(a) maintain in an hygienic and dry condition, a receptacle for refuse 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 such receptacle it is securely wrapped, or in the case of tins or other containers, completely drained;
(c) for the purpose of having the refuse collected, place such receptacle within the area and at the times designated by the trustees;
(d) when the refuse has been collected, promptly return such receptacle to his section or other area referred to in paragraph (a).
3 Vehicles
(1) Owners are prohibited from parking or standing any vehicle, motorcycle, trailer, watercraft or caravan upon the common property, or permitting or allowing any vehicle, motorcycle, trailer, watercraft or caravan to be parked or stood upon the common property, without the written consent of the trustees except in designated areas.
(2) The trustees may cause to be removed or towed away, at the risk and expense of the owner of the vehicle, motorcycle, trailer, watercraft or caravan parked, standing or abandoned on the common property without the trustees’ consent.
(3) Owners and occupiers of sections shall ensure that their vehicles, and the vehicles of their visitors and guests, do not drip oil or brake fluid on to the common property or in any other way deface the common property.
(4) An owner or occupier shall not be permitted to dismantle or effect major repairs to any vehicle, motorcycle, trailer, watercraft or caravan on any portion of the common property, exclusive use area or in his section.
4 Damage alterations or additions to the common property
(1) An owner 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.
(2) Notwithstanding subrule (1), an owner or person authorised by him may install-
(a) any locking device, satellite dish, aerial, mast, safety gate, burglar bars or other safety device for the protection of his section; or
(b) any screen or other device to prevent the entry of animals or insects;
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
The owner or occupier of a section may only use the section for residential purposes and shall 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.
6 Signs and notices
An owner or occupier of a section may not place any sign, notice, billboard or advertisement of any kind whatsoever on any part of the Estate or of a section, so as to be visible from outside the section, without the written consent of the trustees first having being obtained.
7 Littering
An owner or occupier of a section shall not deposit, throw, or permit or allow to be deposited or thrown, on the Estate any rubbish, including dirt, cigarette butts, food scraps or any other litter whatsoever.
8 Laundry
No garments, linen or washing of any nature may be hung out or placed anywhere to be aired or dried except in a designated drying yard or such area designated for such purpose. Any such items placed in any other place may be immediately removed by the trustees, and may be reclaimed by the owner from the trustees who may impose a penalty as provided for in these conduct rules.
9 Storage of inflammatory material and other dangerous acts
9.1 An owner or occupier shall not store any material, or do or permit or allow to be done, any other dangerous act in or on the section or on the common property which will or may increase the rate of the premium payable by the body corporate on any insurance policy.
9.2 No person shall keep anywhere in the Estate any inflammable substance provided however that this rule shall not apply to the keeping of such substances and in such quantities as may be required for domestic use for example: liquid gas for cooking, paraffin for lamps and fuel for lawnmowers, fuel in motor vehicles, motorcycles and watercraft.
10 Letting of units
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.
11 Eradication of pests
An owner shall keep his section free of white ants, borer and other wood destroying insects and to this end shall permit the trustees, the managing agent, and their duly authorized agents or employees, to enter upon 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 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 which may be damaged by any such pests shall be borne by the owner of the section concerned.
12 Responsibility
An Owner shall be responsible for the actions and omissions on the Estate of his family, invitees, employees, occupiers, tenants, contractors, service providers, suppliers and agents.
13 Traffic
(1) All drivers entering the Estate shall comply with all the provisions of the National Road Traffic Act 93 of 1996 or any successive legislation.
(2) It is specifically recorded that vehicles may not travel on any road within the Estate in excess of 25 (twenty five) kilometres per hour. The trustees may, if they consider it necessary or desirable so to do, impose a speed limit lower than 25 (twenty five) kilometres upon such roads or portions thereof as they may deem fit, either temporarily or permanently.
(3) A vehicle may only travel:
3.1 upon the hardened or otherwise constructed portions of the roads as indicated on the registered General Plan of the Estate;
3.2. upon any other road or track referred to above, where it is specially designated on a plan of the Estate by the Trustees as being for vehicular use. The General Plan of the Estate is to be posted up at the office of the body corporate or its nominee for general information purposes;
3.3 upon an owner’s driveway to his section.
(4) The trustees may by means of appropriate signage, give such directions as to the use of roads or any portion thereof, as it in its discretion may deem fit, provided that such signs shall insofar as is possible be in accordance with the International code of road signs currently in force and failure by any person to obey the same and give effect to such meaning shall constitute a breach of these Rules. The trustees may, if they deem it necessary or desirable, amend the road signage in such manner as it may deem fit.
(5) The road within the Estate shall be used in such a manner so as not to constitute a danger or nuisance to any other person or property within the Estate.
(6) No person shall operate any vehicle at any place within the Estate unless he is the holder of a valid current driver’s license issued under the Provisions of the National Road Traffic Act 93 of 1996 or any successive legislation.
(7) No person shall operate within the Estate, a 4-wheeler motorcycle, motorcycle, motorised skateboard or any other similar vehicle or apparatus or any other form of prohibited vehicle or apparatus, as may be determined by the trustees from time to time.
(8) Right of way within the Estate shall be given to pedestrians, cyclists and wild life at all places and at all times.
(9) No person shall ride a bicycle, tricycle or any other form of un-motorized cycle or apparatus within the Estate, except where the trustees have expressly indicated the designated tracks or areas for the aforementioned purposes.
(10) Vehicles shall not enter or leave the Estate at any point except at the designated entrance and exit gates, without the prior written consent of the trustees, unless the owner enjoys a right in law, for example a personal servitude, to enter or exit through an undesignated entrance or exist.
(11) No vehicle shall enter the Estate unless admitted by the guard on duty at the main entrance gates, provided that the trustees may issue the owners with a device enabling him to operate any boom gates.
(12) An owner shall not permit the use of a device for operating any boom or gate at any entrance or exit by any person other than the owner, his family members, his invitees, employees or occupiers.
(13) Save where the aforesaid device for operating the boom gates at the entrance and exit is employed, no vehicle shall enter the Estate except upon the production to the guard on duty at the main entrance of an identification card, disc or device issued by the trustees as evidence that the occupants of such vehicle are entitled to enter the Estate, or alternatively in the event of the occupants of such vehicle wishing to enter the Estate as the invitees of the owner or occupier of the Estate, upon the said guard having satisfied himself by reference to the person having issued the invitation or where a request has been made in terms of the rules that the occupants of the said vehicle may be admitted to the Estate.
(14) A vehicle having a gross weight in excess of 3500 (Three thousand five hundred) kg shall not be permitted to enter the Estate except with the prior written approval of the trustees, who may grant approval on such conditions as they deem reasonable.
(15) No person shall operate any vehicle in the Estate while he is under the influence of alcohol or any drug which may in any way impede his ability to properly control such vehicle.
(16) No person shall store, park or leave unattended any vehicle at any place in the Estate except in any area designated for such purpose by the trustees by means of an appropriate sign.
(17) An owner or occupier shall be entitled to permanently park the same number of vehicles on his section, as the number of bedrooms he has in his unit on his section, as reflected on the approved building plans submitted to the body corporate. By way of example if the approved building plans reflect two bedrooms an owner or occupier may permanently park two vehicles on his section. If an owner has eight bedrooms as per the approved building plans, he may permanently park eight vehicles on this section. Should an owner wish to exceed the permitted number of vehicles he must obtain the prior written consent of the trustees.
(18) No person shall within the Estate, park or store any caravan, watercraft or trailer anywhere other than at his section and provided it is reasonably concealed from view, or at a place designated for such purpose by the trustees.
(19) No caravans shall be brought onto the Estate except with the written consent and subject to any of the trustees conditions.
(20) No helicopter, aeroplane, micro light, gyrocopter, glider or any other similar means of aerial transport may land or take off at any place in the Estate except with the written consent of and subject to any conditions imposed by the trustees.
(21) For the purpose of these Rules ‘vehicle’ shall mean a vehicle as defined in Section 1 of the Road Traffic Act, 29 of 1989 and shall include petrol, diesel or battery driven vehicles.
14 Private Park
(1) No person shall anywhere in the Estate disturb, harm, remove, destroy or permit to be disturbed, harmed, removed or destroyed any, animal, reptile or bird, whether living or dead.
(2) No person shall anywhere in the Estate disturb, damage, destroy, remove or collect any plant material, whether living or dead, save with the consent of or on the instructions of the trustees. This shall at all times be read with the Environmental Management Policy determined by the trustees from time to time.
(3) No person shall:
3. 1. light any fire at any place in the Estate other than at a place designated for that purpose and then subject to a proper fireplace having been constructed at such place, provided however, that where such fire is to be lit outdoors, due regard shall be had to the prevailing weather conditions. Nothing in this clause shall prevent an owner from lighting a fire for recreational purposes including but not limited to lighting a fire in a ‘fireplace’ in his unit or lighting a fire for the purposes of having a braai (barbeque);
3.2 camp or picnic at any place in the Estate other than at a place which has been especially designated for such purpose by the trustees;
3.3 use any section or common property in the Estate in any manner which may unreasonably interfere with the use and enjoyment thereof by any other persons within the Estate or behave in such a way as to create a nuisance to any other persons in the Estate.
3.4 use, or conduct himself upon any common property within the Estate in such a manner as may reasonably in the opinion of the trustees, detrimentally affect the use of such property or any of the amenities thereon.
3.5 plant any plants, shrubs, bushes or trees within the Estate, unless the same has been approved in terms of the Landscaping Design Policy, and is in keeping with the indigenous nature of the vegetation within the Estate
(4) The Body Corporate shall be entitled to prohibit access to any part of the Estate if it deems it desirable to do so for the preservation of the natural flora and fauna, or for any other reason whatsoever, and no person shall enter any such area without the written consent of the trustees. Such areas shall be demarcated by suitable signage.
(5) Pedestrians shall only use designated trails and paths within the Estate.
(6) The trustees may enter into an agreement on such terms and conditions as it may deem fit with an owner granting him the exclusive use and occupation of a specific area within the Estate and no person shall in any manner whatsoever disturb or interfere with such owner’s use and enjoyment of such rights of exclusive use and occupation.
(7) No person shall within the area of the Estate discharge any fireworks or a firearm as defined in the Arms and Ammunitions Act, No 75 of 1969, or any dangerous weapon as defined in terms of the Dangerous weapons Act. No 71 of 1988, except in self-defence or within an area specifically approved for such purpose by the trustees, or with the express written consent of the trustees.
(8) No person shall cause a disturbance or nuisance of any nature in the Estate.
(9) The trustees shall have the right to demand, on reasonable written notice to the owner of a section on which there are any alien or exotic plants, shrubs or trees in his garden area that they be removed from the Estate at the owner’s cost.
(10) Owners shall ensure that gates found closed within the Estate are kept closed at all times and gates that are found open are left open unless otherwise directed.
Dams, Ponds, Streams and Water Features:
(11) No person shall launch upon any dam, pond or stream in the Estate any water craft of any description, other than in demarcated area, without the written consent of the trustees.
(12) No person shall swim in any dam, pond or stream in the Estate, other than in demarcated areas, without the written consent of the trustees.
(13) No person shall without the written consent of the trustees, catch or remove any fish or living creature from any dam, pond or stream in the Estate, unless specifically permitted to do so subject to such conditions as the trustees may impose from time to time. Any fish caught in the Dam shall be released back into the dam.
(14) No person shall pollute or permit the pollution of any dam, pond or stream in the Estate.
(15) No person shall discard any litter or any article of any nature whatsoever in any dam, pond or stream in the Estate.
(16) No person shall dam or obstruct in any way whatsoever any stream or water feature in the Estate without the prior written consent of the Trustees.
(17) No person shall alter the flow of water within any water course, furrow, servitude, stream or water feature on the Estate without the prior written consent of the Trustees.
15 Occupancy
(1) The maximum number of persons permitted to occupy any unit within the Estate shall be equivalent to the number of bedrooms of the owner’s unit as depicted on the building plan multiplied by 2 (two).
(2) Notwithstanding the above, the trustees may after a written application is received from the owner of a unit on a section, allow more than the maximum numbers of persons to be accommodated in such unit.
(3) Noise must be kept to a minimum from 22:00 to 06:00 (extended to 23:00 to 07:00 on Friday, Saturday and Sunday), subject to any amended hours for special occasions which have been arranged with the prior written consent of the trustees.
(4) Where any unit is owned by more than one person, the co-owners shall elect one of their numbers as the representative for the unit concerned and shall notify the trustees of the name and address of the representative.
(5) Every person who occupies a unit within the Estate either as an owner, tenant or occupier, shall be obliged to provide the security officers at the main entrance with a telephone contact number whilst on the Estate, such requirement arising from the trustees general security controls and the control of persons entering and leaving the Estate.
16 Sporting facilities – Fishing & water sports etcetera.
(1) Any person using any of the Sporting facilities must comply with the trustees sporting facility policy as amended from time to time.
(2) Sporting facilities on the Estate may not be utilised without the occupier, owner or his nominee being present at all times during the use of such facility.
(3) All Sporting or other facilities provided on the Estate shall at all times be under the control of the trustees and any duly appointed employee or official authorized by it. The trustees and or any duly appointed employee or official may order any person using any facility to cease using the facility and to vacate the facility or the area of the facility if in the opinion of the duly appointed employee or official whose decision shall be final, that such person is:-
1.1 behaving badly or in an unsportsmanlike manner;
1.2 swearing, using unacceptable, racist or blasphemous language;
1.3 carrying out indecent behaviour;
1.4 interfering with, preventing or obstructing another person’s use and enjoyment of such sporting facility;
1.5 generally behaving in an unacceptable manner according to the normal standards of behaviour that the trustees requires and expects from its owners.
17 Domestic Employees
(1) An owner may employ domestic workers provided he obtains the prior
written consent of the trustees, which consent shall not be unreasonably
withheld.
(2) Domestic employees shall not be entitled to reside on the Estate, except with the prior written consent of the trustees.
(3) For security reasons and for access to and from the Estate, an owner wishing to employ a domestic worker shall submit to the trustees a copy of the first and second page of the employee’s Identity Document; 2 (two) colour passport size photographs; details of the employee’s residential address (physical address details) and contact telephone number. The trustees may charge the owner an administration fee for preparing a security card for the employee.
(4) The trustees may deny a domestic worker entry to the Estate at any time, where they are of the opinion that the domestic servant is either unsuitable or he or she is considered to be a security risk if employed within the Estate.
(5) Owners and occupiers are responsible for ensuring that their domestic workers comply with these Rules.
(6) An owners and occupiers are responsible for providing ablution facilities for their domestic workers.
(7) The trustees may issue domestic workers with an Identification Card for security purposes. The domestic workers are to keep the identification card in their possession at all times when they are on the Estate.
(8) Owners or occupiers employing domestic workers shall be responsible for the workers actions and omissions.
18 Building operations
(1) No building operations shall be carried out on the Estate unless the owner and his building has his building plans approved by the body corporate and complies with the following: the Estate’s Architectural Design Policy, statutory building regulations, is a member of the NHBRC, South African Labour Legislation, is registered with Workman’s Compensation, complies with the Body Corporate Rules, and complies with any conditions which may be imposed by the trustees from time to time in writing;
(2) The building operation may not extend beyond the owner’s section. Building materials and equipment may not be stored or left on the verge or road;
(3) Whilst the building operations are being carried out the building area shall be cordoned off with shade-cloth or Hessian sacking;
(4) The building operations may only be carried out between 07h00 and 17h00 from a Monday to a Friday and not on South African Public Holidays unless with the consent of the trustees and the neighbours that may be directly affected;
(5) Besides security officers on the building site (for whom suitable accommodation must be provided by the owner) the owner’s employees and that of the building contractor may not stay on the building site overnight;
(6) During the course of the building operations all reasonable steps should be taken by the owner to restrict noise, dust and other nuisance factors;
(7) The owner must ensure that all employees on the building site are supervised and controlled by trained supervisors and that they wear safety gear;
(8) Access to and from the Estate by the building contractor and the building site workers shall be strictly in accordance with the trustees written directions.
(9) The owner shall ensure that the building site and surrounding areas are kept neat and tidy during building.
(10) The owner shall ensure that the building site is kept tidy and that all builders’ rubble and refuse is removed from the building site once a week.
(11) The owner is responsible for ensuring that proper and adequate toilet facilities are provided for the builder’s staff on the building site.
(12) The owner of the section is responsible for all damage of any nature whatsoever arsing as a result of the building operation.
(13) The trustees may demand that the owner provide the trustees with a guarantee to its satisfaction for an amount to be determined to cover any damages to the common property or units owned by owners of other sections.
(14) No building operations may be carried out by the owner until his building plans have to be approved by the Architectural Design Review Committee set up by the Body Corporate. The Design Review Committee shall consider the building plans in the light of the estate’s Architectural Design Policy and Environmental Management Policy.
(15) An owner may not cut or remove any trees on the property without the Architectural Design Review Committee’s prior written consent.
19 Visitors
(1) An Owner is required to furnish the Body Corporate’s appointed security officers at the Main entrance to the Estate with a request to admit any person other than an occupier.
(2) Such a request shall contain the following:
2.1. the name of the person to be admitted;
2.2. if more than one, the number of persons;
2.3. the registration number of the vehicle, if known;
2.4. the date and approximate time of arrival.
(3) In the event of a visitor arriving at the Main gate and there being no request as set out above, the owner shall be contacted telephonically by the security officers, failing which access to the Estate shall be denied to the visitor.
(4) The trustees may refuse any person entry to the Estate, if in the discretion of the trustees or the security officer, the person is undesirable or poses a security risk to the occupants of the Estate.
(5) The owner shall be responsible for all the actions and omissions of his invitees.
(6) Should the owner wish to hold a social gathering of fellow owners and / or invitees exceeding 20 (twenty) adult individuals, he must obtain the prior written consent of the trustees, which consent must not be unreasonably withheld. The trustees may impose certain conditions taking into considerations details including but not limited to: noise, parking arrangements, notice to immediate neighbours, the number people and the number of vehicles.
(7) Owners are to ensure that their visitors only park on their property or in designated parking areas for visitors.
20 Letting of units
(1) An owner shall not let or otherwise part with occupation of his unit, whether temporarily or otherwise, unless –
1.1 He has the written consent of the trustees, which consent shall not be unreasonably withheld.
1.2 He has the lease or occupancy agreement endorsed by the trustees.
1.3. He has included a condition in the lease or occupancy agreement that the trustees shall have the right to unilaterally terminate such lease or occupancy agreement, without giving the occupier or the owner notice if the occupier has committed a breach of these Rules, and after being given due notice by the trustees to remedy such breach, and he has neglected, refused or ignored such notice.
1.4. the prospective lessee or occupier has signed a copy of these Rules as an annexure to the lease or occupancy agreement.
21 Maintenance and Improvement of the unit and garden
(1) Every owner shall be obliged to keep and maintain his section in a good state of repair, due regard being had to the concept of the Estate being a secure, up-market Bush Resort.
(2) An owner may establish and maintain a garden in the exclusive use area of his unit, which must be kept tidy at all times. The owner shall ensure that at all times his lawn and garden area are well maintained due regard being had as to the aesthetic requirements and standards imposed by the trustees in the Landscaping Design Policy.
(3) An owner who breaches the provisions of this agreement and who after due notice has been given to him by the trustees to remedy such breach fails to do so shall be liable to pay any costs incurred by the trustees in rectifying, repairing, remedying such fault or carrying out such obligation. In giving effect to this Rule the owner may not refuse the trustees or their duly appointed agent or employees’ entry into his unit or garden for this purpose.
(4) An owner shall not deviate from the Architectural Design Policy or the Landscaping Design Policy and shall be obliged to strictly adhere to the policies.
(5) Any owner wishing to make improvements, additions or alterations to any unit in the Estate must first submit his proposal to the Architectural Design Review Committee set up by the Body Corporate for approval. The owner undertakes to comply with the written conditions imposed by the Committee.
22 Operation of Business
An owner or occupier may not operate a business of any nature what so ever from the Estate without the prior written consent of the trustees, which consent may not be unreasonably withheld, due regard being had to an owner or occupier’s right to earn a living provided however, that the trustees shall be entitled to impose conditions on the owner or occupier.
23 Payments to the Body Corporate
(1) The amount levied by the body corporate on each owner for utility services, other services,
insurance and disbursements, shall be determined in accordance with the owner’s
participation quota, shall be paid by the owner to the trustees monthly in advance on the
first day of each and every month, for the duration of the owner’s ownership of his unit.
(2) The trustees shall be obliged to issue a Levy Clearance Certificate in the event of any owner selling his, which certificate shall only be issued in the event that all levies, fines and any other amounts owing to the body corporate has been settled in full.
(3) All other amounts payable to the trustees are to be paid on presentation of an invoice.
(4) Any amount due by any owner, which remains unpaid after it has fallen
due shall bear interest as from the due date of payment to the actual date
payment is received, at a rate to be determined by the trustees but not
exceeding the rate of interest charged by the Standard Bank of South Africa
Limited on its prime overdraft rate plus 2% (two percent) per annum calculated
monthly in arrears.
(5) All levies, fines or other amounts due and payable which remain unpaid may be recovered by instituting action in any court of competent jurisdiction against the owner.
(6) In the event of the trustees instructing an attorney to take any legal steps against an owner as a result him failing to pay any amount owing by him, or failing to comply with the obligations in terms of these Rules, then such owner shall be liable to pay all legal costs incurred thereby, on the attorney and client scale, plus collection commission.
(7) In the event that a Member owes the Body Corporate an amount in excess of R500,00 (five hundred rand) and the amount is not in dispute, then in addition to any legal action which may be instituted, the owner will lose his rights as a owner in the following ways:
7.1.1 The use of the facilities such as the Sporting Facilities and any common property will be denied to the Member; and
7.1.2 The owner will have no right to vote at any Annual general, General or Special meeting of the Body Corporate.
It is recorded that the trustees may adjust the amount of R500.00 (Five Hundred Rand from time to time taking into consideration factors such as the Consumer Price Index.
(8) Any utility services which the Body Corporate supplies the owner including but not limited to the supply of water, electricity, refuse removal and sewerage services shall be metered where possible and charged to the owner as part of the levy.
24 Auctions
No auction sales are permitted in the Estate without the prior written consent of the trustees and subject to any conditions which they deem fit.
25 Authority to enforce, scope of application and fines
(1) The trustees shall be entitled to enforce compliance with these Conduct Rules in such a manner as it may deem fit and, in particular, by means of a system of fines or such other penalties as they may see fit to prescribe.
(2) These rules shall be binding on all owners of the Body Corporate.
(3) Breach of the Conduct Rules:
3.1 In the event of any breach of these Conduct Rules, by the Owner including but not limited to any of his household, invitees, tenants, employees and service providers, such breach shall be deemed to have been committed by the owner himself.
3.2 Notice of breach shall be given in writing to the Owner guilty thereof by the trustees of the Body Corporate at the address set out in the form for Application for Membership of the Body Corporate completed by such owner or at the unit at the discretion of the Body Corporate, and shall contain the following information:
3.2.1 the nature of the breach;
3.2.2 the time period, if applicable, in which the breach is to be remedied;
3.2.3 the fine which may be imposed by the trustees of the Body Corporate on the owner for committing such breach;
3.2.4 if requested, the time, date and place of the hearing at which the Body Corporate’s Fines Committee will adjudicate upon the breach;
3.2.5 any other information the Body Corporate may deem necessary.
3.3 Notice will be deemed to have been duly given if such breach notice is hand delivered to the owner at the address stated above, or by either affixing such notice to the front door of the owner’s unit or by placing the notice in the Owner’s appointed post/letter box or by means of a registered address sent to the address stated above.
3.4 The Body Corporate shall appoint a Fines Committee, consisting of the Chairman of the Body Corporate, and a trustee or trustees of the Body Corporate and where the trustees deem it necessary a practising attorney. The Fines Committee shall consider in a summary and informal manner any complaint of a breach of these rules and by a majority determine whether there has been such a breach and, in that event, to impose a fine which it deems fit.
3.5 In the event of a continuing offence, any person who contravenes or fails to comply with any provision of these Conduct Rules, or any condition or direction given in terms thereof shall be deemed to be guilty of a separate offence; for every 24 (twenty-four) hours or part of such period during which such offence continues.
3.6 Fines:
36.1 Any owner who contravenes or fails to comply with any provision of these Conduct Rules, or any condition or direction given in terms thereof, shall be deemed to have breached these Rules and will be liable to a penalty not exceeding R10 000,00 (TEN THOUSAND RAND) which penalty shall be decided upon by the Fines Committee. The amount of R10 000.00 (TEN THOUSAND RAND) shall be linked to the Consumer Price Index so that the amount retains its purpose.
36.2 In the event of an owner failing to pay a fine imposed on him within the period stipulated by the Fines Committee and until such time as the fine has been paid:
36.2.1 no Levy Clearance certificate enabling transfer of the owner’s unit shall be issued by the Body Corporate unless it receives a suitable undertaking to it to settle the fine from the Conveyancer attending to the transfer; and
36.2.2 such owner shall not be entitled to the use of the sporting facilities or Body Corporate facilities in the Estate.
3.7 Any fine imposed upon an owner shall be deemed to be a debt due by the owner to the Body Corporate and shall be recoverable by ordinary civil process.
SPECIAL RULES
(Section 11 (3) (e) of the Sectional Titles Act, 1986)
All owners agree that they shall comply and be bound to the policies copies of which are attached, namely:
The Environmental Management Policy (EMP);
The Landscaping Design Policy (LDP);
The Architectural Design Policy (ADP);