Conduct Rules laid down by
the Body Corporate of Smithfield No.6/1994/97/1994 in terms of Sections 35(2)
(b) of the Sectional Titles Act, 1986 and Annexure 9 – Conduct Rules.
DEFINITIONS
GENERAL
Words signifying the
singular include the plural and vice versa, and words importing one gender
include the other.
The clause headings have
been inserted for reference purposes only and shall not be taken into account
in any interpretation.
Words defined in the
Sectional Title Act, shall, unless specifically defined in terms hereof, bear
the meaning designed to them in the legislation in which they are so defined.
THE SECTIONAL TITLE ACT
The Sectional Title Act No.
95 of 1986 as amended as well as all regulations thereunder.
THE BODY CORPORATE
The Body Corporate CONTROLLING
BODY CORPORATE SMITHFIELD
as contemplated in Section
36 of the Sectional Titles Act,
SECTION
The unit (flat) registered.
COMMON PROPERTY
The Common Property as
shown on the Sectional Title Plans.
OWNERS
The registered owner of the
units, who are also responsible for their families, servants, invitees,
tenants, residents, etc. that may be in the complex.
BOARD OF TRUSTEES
The Trustees as
contemplated in the Sectional Titles Act. H.
BUILDING MANAGER
Shall include caretakers,
superintendent or any person appointed by the Trustees, to implement
supervision and control of the complex.
MANAGING AGENTS
The Managing Agent as
appointed by the Body Corporate from time to time to administer the affairs of
the Body Corporate.
COMPLEX
Includes the buildings
known as Smithfield as well as all Common Property,
GENDER
The Conduct Rules is
written as "his" and "Mr." but should be read as
"his/her" and "Mr. / Mrs.
INDEX
SECTION
Purpose of conduct rules
User
Insurance premium
Disorderly conduct
Common property
Motor vehicle and carports
Cycles / scooters
Noise
Pets
Laundry
Cleanliness / sanitary
services
Gardening
Supervision of children
Business activities
Tenants and Visitors
Littering
Entertainment and play areas
Occupant's employees
General
Penalties
Payment of levies
Sundry provisions
Access control
SMITHFIELD CONDUCT RULES
Conduct laid down by the
Corporate Body of Smithfield No. SS 6/1994 and SS 97/1994
As laid down in terms of
Section 35(2) (9) of the Act, -1986 and Annexure 9 — Conduct Rules.
PURPOSE OF CONDUCT RULES
1.1 Control and behavior of
occupants of sections, their guests, servants and pets.
1.2 The regulation of the
use of Common Property for the mutual benefit of all tenants.
1.3 Ensurance of the
maintenance of a high standard of living for all occupants and to improve the
prestige and value of the property.
1.4 The provisions of a
flexible policy for the adjustment of regulations to meet the changing needs of
the community occupying the premises from time to time.
USER
2.1 When the purpose for
which a section is intended to be used is shown expressly or by necessary
implication on or by the registered section plan, an owner shall not use or
permit his section to be used for any other purpose.
INSURANCE PREMIUM
An owner shall not do or
permit to be done in his section or on the common Property anything which will
or may increase the rate of the premium payable by the body corporate on any
insurance policy.
DISORDERLY CONDUCT
4.1 A resident shall not
cause or permit disorderly conduct of whatsoever nature on the Common Property
or in their section, or do-or permit ally act matter or thing in or about the
same which shall constitute or cause a nuisance or any inconvenience to the employees
on the premises employed-by the Trustees, to the Trustees, or any other
occupant on the premises.
COMMON PROPERTY
5.1 Activities on Common
Property
5.1.1 Owners, their
families and guests shall use and enjoy the Common Property in such a manner as
unreasonably not to interfere with the use and enjoyment thereof by other
owners or cause a nuisance to any other owner.
5.1.2 Ball games may only
be played on common property in designated areas i.e. play area by swimming
pool no 2. No hobbies or other activities may be conducted on the Common
Property if they would cause a nuisance to ether occupants.
Any activity which may
cause damage to Common Property is not permitted.
5.1.3 Occupants or visitors
are not allowed to tamper with the fire extinguisher hoses, electrical or any
other switch box, water supply valves or any other common property equipment.
The use of firefighting
equipment other than for which it is designed is not permitted and is a
punishable offense in terms of local By-Laws.
5.1.4 No tents are to
be erected on Common Property.
5.1.5 No portable
swimming pools may be left on Common Property when not in use.
5.2 Improvements on
Common Property
5.2.1 The owner or occupier
of a section used for residential purposes shall not place or do anything to
any part of the common property, including painting, building alterations and
patios which, in the discretion of the Trustees, is aesthetically displeasing
or undesirable when viewed from the outside of the section.
5.3 Damage to common
property
5.3.1 No one may pick
flowers, remove vegetation or in any way interfere with the garden areas
intended for use and enjoyment of all owners.
5.3.2 In order to
contain increases in Levies, every owner/tenant, members of his family, his
visitors, and/or other employees and their children of such occupants, that
causes any damage whatsoever nature to the Common Property, he shall, or should
any such persons cause the Body Corporate to suffer any Loss or incur any
expense, such occupant shall be liable to properly repair such damage
forthwith, and to forthwith reimburse the Body Corporate in full respect of
such loss or expense. Should such occupant fail to repair such damage
forthwith, the Trustees may cause such damage to be repaired and the
responsible owner shall reimburse the Body Corporate in full forthwith in
respect of all costs and expenses arising out of or in connection therewith.
5.3.3 No stones or
other solid objects may be thrown onto common property nor may any sign of
whatsoever nature be displayed without written authorisation obtained from the
Trustees.
5.3.4 Any broken or
cracked windows are to be repaired at the cost of the owner. A 14 (fourteen)
days notification will be issued to the physical flat be it an owner or tenant
occupying the premises at the time, after which the window will be repaired by
the Body Corporate for the account of the owner.
5.3.5 Staircases and stairwells
are not permitted to be used as an entertainment area.
5.3.6 Braais are to be
used in a responsible manner and may not cause a nuisance to any resident or
damage to Common Property.
MOTOR VEHICLES AND CARPORTS
6.1 The motor vehicles
of residents shall be parked only and at all times in the carports of the
respective units and specified parking areas and shall not be
parked or driven over areas exclusively meant or pointed out for gardens, areas planted with lawn, trees, shrubs, flowers or driveways.
parked or driven over areas exclusively meant or pointed out for gardens, areas planted with lawn, trees, shrubs, flowers or driveways.
6.2 Vehicles shall not
be repaired or reconditioned on the common property. Any oil spilled must be
cleaned up by the occupant concerned. If the resident refuses to do so after
being asked, the trustees will have it cleaned and shall recover the cost from
the responsible owner.
6.3 Caravans, motor
boats, trailers and other similar vehicles shall not be parked on the common
property without the permission in writing of the Trustees first having been
obtained. The Trustees may grant permission to such conditions or revoke this
at any time. Vehicles not able to park within the confines of a shade cloth
parking bay are not permitted on the premises. This excludes the temporary need
for furniture removal trucks,
6.4 Any vehicle parked
on common property or not in demarcated areas will be towed away at the
occupant's expense or wheel locked and a fine will be imposed to the driver to
have it released. All costs will be for the account of the owner of the vehicle.
6.5 Carports arc only
for use of parking motor vehicles and not for storage, trailers or any other
purpose.
6.6 No more than two
cars per flat are allowed in the premises at any time.
6.7 Vehicles shall not
exceed 10km per hour and must leave and enter as quietly as possible. No hooting
at the entrance or exit gates or on Common Property. No racing of engines or
reckless driving is allowed.
6.8 Car washing
methods allowed at the discretion of the Trustees depending on the availability
of water supply.
6.9 The Trustees may
cause to be removed or towed away, at the risk and
Expense of the owner of the
vehicle, any vehicle standing, abandoned, unroadworthy or not capable of moving
under its own power parked on the Common Property.
6.10 Unlicensed
persons are not permitted to drive any vehicle on the common property.
CYCLES/SCOOTERS/ETC.
7.1 Bicycles,
tricycles, roller skates, skateboards, scooters, quads or any other motorised
device are not allowed to be driven on Common Property or drive ways. Bicycles
are strictly permitted for use of transport in and out of the building and not
for leisure.
NOISE
8.1 Radios, audio
equipment, TV's, musical instruments and other sound producing devices played
inside or outside units shall not be used in such a manner as to interfere with
any occupant's enjoyment of his unit or of the Common Property. This includes
audio equipment in vehicles.
8.2. Zero noise
tolerance is applicable from 20h00 to 09h00 from Sundays to Thursdays, and from
22h00 to 09h00 on Fridays and Saturdays. This would include loud conversations.
8.3 Owners
and occupiers shall ensure that when greeting and bidding good bye their
visitors, they do so quietly.
8.4 Occupants shall
ensure that their children, visitors and employees comply with the foregoing.
PETS
9.1 From 1st September
2001, no new pets are permitted on the premises.
Owners who have existing
pets are not allowed to replace them if they die.
9.2 Occupants who have
pets illegally and same pets are found on Common Property, or it comes to the
attention of the Trustees that the resident has a pet, the responsible owner
will be issued with a fine and the pet removed.
LAUNDRY
10.1 Laundry
must be hung in the drying areas built for that purpose and not on clothes
horses on Common Property: not on staircases, windows or over the walls on
common property of any unit. No shoes, niches, mops or carpets are allowed on
staircases and walls or on Common Property.
CLEANLINESS/SANITARY
SERVICES
11.1 Owners
shall at all times maintain their sections in good, clean and habitable order
and condition, and be responsible for all interior maintenance, as well as
blockage of sewers and sanitary equipment and connections and repairs of
whatsoever nature within his/her section.
11.2 All refuse to be
deposited in refuse bins provided on the Common Property, 3 11.3 All refuse
must be placed in plastic bags! No hot ash / coals to be placed in refuse bins.
11.4 Owners shall at
all times keep his section free of pests inter alia: cockroaches; white ants,
borer and other wood destroying insects and to this end shall permit the
Trustees to enter upon his section from time to time for the purpose of
inspecting the section. The owner will be given 14 (fourteen) days to eradicate
the pests, which notice shall be delivered at the physical flat be it occupied
by the owner or a tenant. Thereafter the Body Corporate will have it done at
the expense of the owner.
GARDENING
12.1 Gardens
must at all times be kept neat, failing which such gardens will be restored to
a grass area if the situation is not corrected within 14 (fourteen) days after
the resident has been warned by the Trustees:
12.2 Occupants shall
not request any employee of the Body Corporate to perform work on their behalf,
(such as washing motor vehicles or sections of their units or cleaning specific
parts of the garden) during working hours.
12.3 Garden tools, hoses
and all other equipment may not be kept in any place where they are visible
from other units or from the Common Property.
12.4 Body Corporate to
attend to all Common Property garden areas.
12.5 Only owners are
allowed to make gardens after applying and been granted the necessary
permission from the Trustees.
SUPERVISION OF CHILDREN
13.1 Occupants shall
properly supervise their children, their children's friends and children of
their visitors so that no provision of these rules is infringed by such
children, and that no damage or nuisance is caused to any occupant, to the
property of any occupant or to the common property or any unoccupied unit. In
particular and without affecting the generality of the foregoing, children
shall not damage, deface or interfere with the post boxes, plants, decorations,
signs, nameplates, fire hydrants, exterior lighting, pool gates, pool fences or
walls or pool equipment and shall not enter any unoccupied unit, climb onto any
roof of a unit or damage any Common Property.
13.2 Children may not play
or loiter in the driveway or parking areas.
BUSINESS ACTIVITIES/DUTIES
OF OWNERS
14.1 No business,
profession or trade may be conducted on the Common Property or in any unit.
14.2 No auction or
jumble sales may be held on the Common Property or in a unit.
14.3 No advertisements
or publicity material may be exhibited or distributed on the Common Property or
from within a unit. Owners selling their units through an estate agent must
obtain the permission from the Trustees for the estate agent to display their
"Show House" adverts and any other advert materials on Common
Property.
No owner or occupier of a
section, shall place any sign, notice, billboard or advertisement of any kind
whatsoever in windows or any part of common property.
14.4 Owners shall maintain
the hot water installation which serves his section, notwithstanding that such
appliance is situated in part on the Common Property and is insured in terms of
the policy taken out by the Body Corporate.
TENANTS AND VISITORS
15.1 The owner or his/her
representative of any unit who lets it shall notify the Trustees of the name of
lessee, the number of people living in the unit and the period of the lease.
15.2 The owner or his/her
representative undertakes to explain to the lessee the basic rules of the
complex and to make sure he/she understands and agrees to abide by them. The
owner or his/her representative further undertakes to supply the tenant a set
of the Conduct Rules and that all leases of his/hers units shall contain a term
in the following words to similar effect: 'the lessee acknowledges having
understood the content of the Conduct Rules for SMITHFIELD and received a copy.
The lessee hereby agrees and undertakes to be bound thereby and to comply
therewith in all respects."
15.3 A penalty of
R300-00 (which will be updated by the Trustees) shall be imposed on any owner
or his/her representative if he/she fails to comply with sub-rules 15.1 and
15.2 after having been warned.
15.4 Occupants are
responsible for the conduct of their children and invitees, including their
guests. Occupants shall ensure that all such persons comply with the provisions
of these rules.
15.5 If a tenant or
his/hers guests contravene the Conduct Rules after being warned, whoever rented
the unit out shall terminate the contract on the recommendation of the Trustees.
LITTERING
16.1 An owner 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, building ruble or any other litter whatsoever.
NB: Paint brushes, rollers,
paint trays, etc. may not be cleaned on Common Property.
ENTERTAINMENT (POOL, BRAA1)
AND PLAY AREA
17.1 The pool and
surrounding areas enclosed by the fence are for the exclusive use of occupants.
Guests must be accompanied by an occupant while using these facilities.
Discretion must be used by occupants with respect to the number of guests to
avoid monopolising the pool, braai and play area. The Trustees reserve the
right to restrict the use of facilities by visitors.
17.2 Common courtesy
and regard for the rights of others are essential for the full enjoyment of
these facilities by all. Occupants are responsible for the behaviour of their
guests and their children. It is expected that everyone will use common sense
regarding water safety and cleanliness.
17.3 Children under 12
years of age must be actively supervised by a person 18 years of age or older.
17.4 No food, braais,
glass bottles, glasses, plastic objects or any litter of any kind permitted in
the pool-fenced area.
17.5 No pets, bicycles, tricycles,
go-karts, skateboards, roller skates, rough or dangerous games, nor games that
interfere with any occupant's enjoyment of the pool area are permitted in the
pool area. Damaging of pool filters or equipment is not permitted. Swinging on
the gate or fence surrounding the swimming pool or climbing over such fence is
prohibited. No private parties may be held in the swimming pool area.
17.6 All persons using
the swimming pool do so at their own risk and the Body Corporate accepts no
responsibility and shall not be liable for any damage or loss suffered by any
person whatsoever. Occupants shall ensure that their visitors, employees,
children, friends of their children and children of their visitors are aware of
this rule and comply strictly therewith.
OCCUPANT'S EMPLOYEES
18.1 Occupants shall
ensure that their employees do not loiter on the Common Property or at the
entrance and exits of the Common Property.
18.2 Occupants shall
ensure that their employees comply with the provisions of these rules.
18.3 Employees may not
sell alcohol or be drunk on common property.
18.4 No visitors allowed
for employees working on the property.
GENERAL
19.1 No private
TV aerials or private satellite dishes are allowed to be installed on Common
Property.
19.2 No obstacles or
objects may be inserted in front of the electronic sensors, which may interfere
in any way with the normal function of the electronic gates. Standing in
between the electronic sensors to stop the gate from closing is not permitted
under any circumstances. Pedestrians are to use the pedestrian
gate facilities.
19.3 Playing around
with your remote control, is often the cause of the gate opening and closing
many times unnecessarily. The receiver at the gate is very sensitive. Any
person found in transgression of rules 19.2 — 19.3 will be charged an R300.00
penalty.
19.4 The Body Corporate is
not responsible for any interruption to the electricity
supply, power drop/surge, nor for the loss or inconvenience any person may suffer in consequence thereof.
supply, power drop/surge, nor for the loss or inconvenience any person may suffer in consequence thereof.
19.5 Fireworks,
firearms, pellet guns, bows, crossbows or any other dangerous item may not be
discharged within the perimeter of the complex.
PENALTIES
20.1 Should any occupant
infringe any of the provisions of these rules and persists in such infringement
after receiving 7 (seven) days’ notice in writing from the Trustees, calling
upon him to desist from such infringement, the Trustees shall be entitled to
impose upon such occupant a penalty.
20.2 Any monetary
amount raised can be altered at the discretion of the Trustees.
20.3 If in the opinion
of the Trustees an occupant is in breach of any of the provisions of these
rules, the trustees may, in their absolute discretion, impose a penalty on the
responsible owner.
20.4 Any penalty
imposed in terms hereof shall be payable by the owner concerned to the Body
Corporate within 30 days.
20.5 The
imposition of any penalty in terms hereof shall be without prejudice to and
shall not effect and shall be in addition to any other rights available to the
Body Corporate at law, and in particular its right to apply for an order
compelling any owner to comply with the provisions of these rules or desist
from infringing same.
20.6 If the Body
Corporate or the Trustees instructs a firm of Attorneys in connection with or
arising out of an infringement by any occupant of any of the provisions of
these rules, such owner shall be liable to reimburse the Body Corporate on
demand for all its legal costs incurred in respect thereof on an attorney and
client basis.
PAYMENT OF LEVIES ETC
21.1 Levy amounts arc
payable monthly in advance.
21.1.1 Payment in full of
levies (including additional levies), electricity, water (if applicable) or any
other charges must be received by the Managing Agents by the 1st of
the month .
21.1.2 If payment is
received after the 7th of the month, interest at the rate of
24% per annum (compounded monthly) of the amount due will be imposed in respect
of the unit concerned and the Body Corporate has the right to discontinue the
electricity supply.
21.1.3 Any payments
received will be allocated to current debt. Only once all current debt have
been cleared will payments be allocated to the arrear accounts in the following
order — admin charges, interest, legal fees, levy and then electricity.
21.1.4 Any accounts
not paid by the 15th of the month will be handed over to the Attorneys for
collection without further notice which charges shall be for the cost of the
owner as between Attorney and client.
21.1.5 Monthly statements
may be posted to owners no later than the 23rd of the month.
Failure to receive a monthly statement in no way effects the owner's obligation
to pay the levy account on due date.
21.1.6 Proof of
payment (e.g. Deposit slips, transfer slips, etc,) is to be retained by owners.
The onus of proof of payment rests with each owner,
21.1.7 Owners who let
their units to tenants are in no circumstances allowed to hold back payment for
their levies and electricity because the tenant has not yet paid his or her rent,
no such letting in any way releases the owner from any of his obligations in
terms of the provision of the Sectional Titles Act, the Management Rules or the
Conduct Rules.
SUNDRY PROVISIONS
Without in any way
derogating from the generality of the foregoing rules and in addition thereto:
22.1 The Trustees shall
have the right to take any action deemed fit to prevent any infringement of
these rules.
22.2 Any occupant
shall not:
22.2.1 Use his unit or
permit his unit to be used for any purpose, which is injurious to the
reputation of the complex.
22.2.2 Do or permit to
be done in his unit or on the Common Property anything which may increase the
rate of premiums payable by the Body Corporate on any insurance policy.
22.2.3 Store
inflammable or other dangerous materials or articles may not be brought on the
Common Property or elsewhere except in such limited quantities as are allowed
under the Insurance policy act.
22.3 An owner shall
consult the Supervisor during his working hours only as displayed at the
Supervisor's office in the building, except in the case of an emergency.
22.4 Disrespectful behaviour
towards the Supervisor, employees, Trustees and security guards will not be
tolerated under any circumstances.
22.5 Employees and
security guards take instructions from the Supervisor only.
22.6 Unless otherwise
stated, all fines/penalties imposed will be updated ad hoc by the Trustees and
credited in full to the Body Corporate.
22.7 All complaints,
requests and reports of damages must be addressed to the
Supervisor in writing who will forward such correspondence to the Trustees. The Managing Agent does not deal with these matters.
Supervisor in writing who will forward such correspondence to the Trustees. The Managing Agent does not deal with these matters.
ACCESS CONTROL
IT IS THE RESPONSIBILITY OF
THE RESIDENT TO SUPPLY THE SUPERVISOR WITH A CONTACT TELEPHONE NUMBER THAT CAN
BE PROGRAMMED INTO THE ACCESS CONTROL SYSTEM.
23.1 Residents use
remote controls to enter and exit the complex. Visitors use the Mircell Access
Control System (A wireless intercom system). The Mircell Access Control System
uses the cell phone network to open the motor gate for guests/visitors.
23.2 Upon arriving at
the entrance gate, the visitor will enter the dwelling number on the keypad at
the entrance. The intercom system will dial the programmed telephone number as
supplied by the resident being either a cell number or a landline number.
You will be able to
identify / communicate with your visitor for approximately 15 seconds.
By pressing the '9' key on
your phone, the motor gate will open.
23.3 NB Cell phone
users: Please ensure that your outgoing. CL1 (caller line identity) is
on/active. This allows the system to track the instructions given to the gate.
23.4 The security
guards are on patrol and are not stationed at the gate to give access into or
exit from the complex.
23.5 Access may be
denied to any person on foot, unless such a visitor is personally signed in at
the security point by the resident of a unit being visited.
23.6 To minimise the
security risk at Smithfield it is the duty of the residents of units to inform
the Supervisor of their contracts with workmen, plumbers, electricians,
painters, curtaining and/or carpeting contractors who may need to move around
the property in the performance of their work.
23.6.1 These
contractors will require a letter from the resident of a unit authorising them
to work on the relevant unit, and will not be allowed onto the property without
such authorisation.
23.6.2 It is the
owner's and/or occupier of a unit's responsibility to ensure that the
contractor is met at the unit, and under no circumstances may the Supervisor be
asked to meet I open a unit for a contractor.
23.7 Persons
entering or leaving the complex may be subject to a search by the security
personnel.
23.7.1 Any delivery or
collection of goods to or from the complex must be accompanied by written
authorisation from the occupier of a unit.
23.8 Articulated or
heavy vehicles may be denied access to the complex if, in the opinion of the
Supervisor, Trustees or security guards, the vehicle may cause damage to the
property.
DATE: 18-Oct-2006
