Conduct Rules and Owner Responsibility
The rules of Watsonia View can be viewed here or alternatively, a copy can be downloaded below. All persons should adhere to the rules set out in this document at all times.
Conduct Rules and Owner Responsibility of Watsonia View Corporate
Scheme no SS/50/2011
- Pets
- Refuse Disposal
- Vehicles
- Damage, alterations, or additions to the common property.
- Appearance from the outside
- Signs and notices
- Littering
- Fences
- Laundry
- Storage of inflammatory materials and other dangerous acts
- Letting of units
- Eradication of pets
- Firearms
- Children
- Fires and braai's
- Business operations
- Garden
- Hobbies and other activities
- Domestic employees
- Firefighting equipment
- Noise
- Electricity supply
- General
- Breach of rules
- Levies and amounts payable to the body corporate
- Injury and damage
- Irreconcilability
Preamble:
The trustees of Watsonia View scheme no. SS/50/2011 hereby publish the following Rules in terms of the Sectional Titles Act, Act no 95 of 1986. These Rules may only be amended within the framework of the said legislation, should the need to do so arise.
The Purpose of these rules is to maintain common courtesy and regard for the rights of all residents. To sustain the orderly use of common amenities and ensure the maintenance of high standards of living for the mutual benefit of all residents and therefore the Trustee respectfully requests your cooperation in abiding by the rules and points out that, should it ever become necessary, the Trustees will, in the best interest of all owners, take recourse to legal action in upholding these, Rules.
Sectional Titles Act 95 of 1986:
To provide for the division of building into sections and common property and for all the acquisition of separate ownership in sections coupled with joint ownership in common property; the control of certain incidents attaching to the registration of sectional mortgage bonds over, and real rights in, sections; the conferring and registration of the rights in, and the disposal of, common property; the establishment of bodies corporate to control common property and for the purpose to apply rules; and the establishment of a sectional title regulation board; and to provide for incidental matters.
1. Pets
1.1 Written permission: An owner or occupier of a section shall not, without the consent of the trustees in writing, which may not unreasonably be withheld, keep any animal or bird in a section or on common property. No venomous reptiles.
1.2 Conditions: The Trustees may prescribe any reasonable condition for the keeping of such animal or bird. The following will be included when giving written permission:
1.2.1 From 1 November 2016, approval will only be granted for Indoor Cats that are neutered. Owners and Tenants who registered cats with the Trustees are allowed to keep their cats.
1.2.2 From 1 November 2016, only small to medium size dogs will be allowed, no Dog in excess of 45cm in height will be allowed. Owners and Tenants who registered dogs bigger than the prescribed maximum with the Trustees are allowed to keep the current registered dogs but no additional exceeding the prescribed height will be allowed in the Complex.
1.2.3 Pets may not continuously cause a disturbance or nuisance at any time.
1.2.4 Pet owners are responsible for the removal of their animal's excrement within the common property and exclusive use areas. Cat litter trays must first be bagged before placing it in the municipal bins or containers. Please pick up your animal feces.
1.2.5 All pets are to be neutered, vaccinated, and registered with the Body Corporate.
1.2.6 Dogs must be on a leash with their owners at all times when on the common property.
1.2.7 Livestock Animals MAY NOT be kept on the premises and MAY NOT be slaughtered inside the units or on the common property.
1.2.8 Occupants are not allowed to feed, play, or taunt any animals not belonging to them. unless given consent by the owner to feed animals, should the need arise.
1.3 Withdrawal of Permission: The Trustees may withdraw such approval in the event of contravention of any condition as prescribed in terms of rule 1.2 above.
1.4 Liability: The owner of any animal or bird that causes any injury, damage, or inconvenience, will be solely liable for such injury, damage, or inconvenience.
1.5 Trustees' decision final: The Trustees' decision regarding any matter with regard to animals and birds, shall be final and binding.
2. Refuse Disposal
2.1 Refuse to be removed must be placed in the refuse removal bin and securely closed.
2.2 All tins and containers must be completely drained.
2.3 No items are to be placed in the refuse yard (courtyard).
2.4 Refuse to be removed may be left out for collection in the Council-issued bins only on weekdays before 8am, but not before 9pm the previous night.
2.5 No refuse may be left outside the section on any day, including weekends and public holidays.
2.6 Any refuse that does not fit into a Council Bin, must be disposed of by the owner or by the occupier at their own cost at the municipal dump.
2.7 Only allocated bins are to be used and once filled, they are not to be replaced with empty ones from other units. Excess refuse needs to be disposed of as per point 6 above.
2.8 No objects or refuse of any nature may be thrown from balconies, patios, stoeps, windows, stairways, or any other part of a section.
2.9 No bins may be removed from the refuse yard.
3. Vehicles
3.1 No owner may park or stand any vehicle upon the common property, or permit or
allow any vehicle to be parked or stood upon the common property in front of any unit, other than in the designated areas, without the consent in writing of the Trustees.
3.2 No parked vehicles may obstruct or block any access roads or entrances.
3.3 The Trustees may cause to be removed 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 consent in writing of the trustees.
3.4 Owners and Occupiers of sections must ensure that their vehicles, and the vehicles of their visitors or guests, do not drip oil or brake fluid on the common property or in any other way deface the common property.
3.5 No owner or occupier may dismantle or effect repairs to any vehicle or any part thereof on any portion of the common property, or an exclusive use area in a section.
3.6 No parking bay may be enclosed with any material whatsoever.
3.7 Automobile hooters may not be sounded on the common property at any time.
3.8 No articles may be stored in the parking area.
3.9 Parking is subject to the express condition that vehicles of owner’s risk and
responsibility.
3.10 Vehicles may not travel at speeds in excess of 15km/h on any portion of the
common property.
3.11 All vehicles entering or exiting the complex will wait for the gate to close completely behind them before driving off.
3.12 All vehicles will adhere to standard road rules and regulations in force including one-way directions at the entrance/exit and throughout the complex.
4. Damage, alterations, or additions to the common property.
4.1 An owner or occupier of a section may not mark, paint, drive nails, or screw or the like into, or otherwise damage or alter any part of the common property without first obtaining the written consent of the trustees.
4.2 Notwithstanding sub-rule 1, an owner or person authorized by him, may install:
a.) Any locking device, safety gate, burglar bars, or other safety device for the protection of his section.
b.) any screen or other device to prevent 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.
4.3 An owner or occupier of the section may not, without the consent in writing of the trustees, install, fit, erect, or affix or cause to be installed, fitted, erected, or affixed any protruding fixture.
4.4 When granting such approval in terms of sub-rule 3, the trustees may prescribe any reasonable condition, including the nature, type, and design of the device and the manner of its installation.
4.5 No awnings may be installed either of a temporary or permanent nature without the consent of the trustees in writing as to design, color, and location. Should they be neglected, they will need to be removed.
4.6 Building renovations - insurance: That portion of the increase in the replacement value of the unit following renovations (as granted by the trustees) is to be borne by the unit owner — and does not form any part of the Body Corporate Insurance
4.7 Building renovations - Increase floor space: Any renovations and/or additions to a unit that increase the existing floor space (living space) are strictly prohibited.
4.8 Building renovations - electrical compliance certificate: An electrical
a compliance certificate is to be submitted to the Trustees once any renovations and/or additions to a unit have been completed.
4.9 Swimming pools: Special permission is required for the installation of swimming pools. Permission may be granted depending on the type, size, and layout of the pool - at the discretion of the Trustees. Any unit owner requesting permission for a swimming pool will be required to install a water meter at their own cost.
4.10 Thatch Lapa: Thatch lapas are strictly prohibited.
5. Appearance from the outside
5.1 The owner or occupier of the section used for residential purposes may not place or do anything on any part of the common property, including balconies, patios, stoeps, and gardens that, at the discretion of the trustees, is aesthetically displeasing or undesirable when viewed from the outside of the section.
5.2 The owner or occupier of a section used for residential purposes may not place or do anything inside any window of the section to be visible from outside the section, which, at the discretion of the trustees, is aesthetically displeasing or undesirable when viewed from the outside of the section.
5.3 Security gates and fixtures from the outside must be approved in writing by the trustees and must be uniform to the rest of the complex.
6. Signs and notices
No owner or occupier of a section, used for residential purposes, may place any sign, notice, billboard, or advertisement of any kind whatsoever on any part of the common property or of a section, to be visible from outside the section, without the written consent of the Trustees first having been obtained.
7. Littering
An owner or occupier of a section may not deposit, throw or permit, or allow depositing or throwing on the common property, any rubbish, including dirt, cigarette butts, food scraps, or any other litter whatsoever.
8. Fences
No owner or occupier of any section shall erect or allow to be erected a fence in any form on any part of the common property or in any exclusive use area.
9. Laundry
9.1 An owner or occupier of any section may not erect his own washing lines.
9.2 An owner or occupier of a section may not hang any washing or laundry or any other items on any part of the building or the common property to be visible outside the building or from any other section, or balcony, except for on the designated washing lines.
10. Storage of inflammatory material and other dangerous acts
As owner or occupier of a section, may not store any material, or do or permit or allow to be done, any other dangerous act in the building or on the common property which will increase the rate of premium payable by the Body Corporate on any insurance property.
11. Letting of units
Letting of units: All tenants of units and other persons are granted rights of occupancy by any owner of the relevant unit and 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.
Eviction of tenants
The Board of Trustees shall have the right to evict any tenant who does not comply with these conduct rules. A thirty-day notice period shall be given by the Trustees to the tenant in writing after the owner has not taken any reasonable steps against the tenant. If the tenant does not vacate the unit and scheme within thirty days, he will be removed from the unit and scheme by the Trustees, at his own risk and expense. No owner shall have any claim whatsoever for any loss of rent, etc. from the Board of Trustees due to the eviction of the tenant.
12. Eradication of pests
An owner must keep his section free of white ants, borer, and other wood-destroying insects and to his 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 such pests. The costs of the inspection, eradicating such pests as may be found within the section, and replacement of any woodwork or other material forming part of such section that may be damaged by any such pests must be done by the owner of the section concerned.
13. Firearms
13.1. No owner or occupier of a section shall discharge or allow to be discharged any firearm (as determined by the Act on Arms and Ammunition) in any section or, any part of common property, unless the loss of his life may result from failure to do so. In such an event, a detailed report is to be handed to the Trustees for evaluation.
13.2 No owner or occupier of a section shall carry a firearm on the common property in such a manner as to be visible to other people.
13.3 The Act of Arms and Ammunition is to be strictly adhered to at all times. Any
owner or occupier of a section who contravenes or allows to be contravened by the
above said Act, shall be criminally charged.
14. Children
14.1. Children are subject to the management and conduct rules in the same way as
adults.
14.2 Owners or occupiers of sections will at all times be held responsible for the acts of their children and visitors' children.
14.3. Owners or occupiers of sections, must at all times supervise and control their children and their visitor's children in order to avoid damage to the common
property or any inconvenience or nuisance to other residents.
14.4 Children may not tamper with plants, the gate, climb on or over walls, fences, railings, fixtures, and fittings, or play with the taps on the common property.
14.5 Children are not allowed to play within the vicinity of the main gate, including the keypads.
15. Fires and Braai's
No owner or occupier of a section shall allow any form of fire inside his unit or on the common property. It is strictly prohibited to throw cigarette stubs, matches, etc. out of windows or anywhere on the common property. All inflammable tems must be kept in a safe place and out of reach of children. No open fires permitted - only gas braais, Webbers, or built-in braais.
16. Business operations
16.1. No business, profession, or trade may be conducted on the common property or in any section unless consent in writing has first been obtained.
16.2 The trustees may, in their absolute discretion, revoke such consent at any time, in which case the business activity concerned must cease at such times as the trustees require.
16.3. Hawkers, salespeople, or pamphlet distributors are not allowed into the scheme at any time.
16.4 No auction, jumble sale or any other shall be held on or in the property without first obtaining written permission from the trustees.
17. Garden
17.1. Shrubs and trees on the common property may not be cut down but may, by
arrangement of trustees, be cut or trimmed.
17.2. Flowers in the common property gardens may not be picked.
17.3. Residents may not plant anything on the common property.
17.4 All gardening will be done on the instructions of the trustees.
17.5 All owners who do not make use of the garden service must keep their garden
clean and maintained.
18. Hobbies and other activities
18.1 No hobbies or activities may be conducted on the common property if they cause a nuisance to other occupants.
18.2 Hobbes and other activities that cause undue noise are prohibited.
18.3. No hammering, drilling, sawing, or other such work may be conducted before 8:00am and after 8:00pm on any day. Subject to the other provisions of the rules, such work is permitted, provided it is performed in moderation and does not
unreasonably interfere with the use and/or enjoyment by any occupant of his section or of the common property. If, in the opinion of the trustees, such work isunreasonably interfering with the use and/or enjoyment by any occupant of his section or of the common property, the trustees may prohibit any person from
performing any such work.
19. Domestic employees
19.1 All domestic employees must be registered by names and ID numbers with the
trustees.
19.2 All domestic employees must comply with the conduct rules.
19.3. Domestic employees are not allowed to loiter on common property or vicinity of the main entrance.
19.4 Residents must ensure that their domestic employees are not unduly noisy at
any time.
19.5 The trustees reserve the right to take steps to refuse access to any employee of
a resident of the complex.
19.6 Domestic workers may not be in possession of a remote.
20. Firefighting equipment
Firefighting equipment may not be used for any purpose other than to fight fires. No owner or occupier of a section, shall tamper or allow to tamper with any firefighting equipment on the common property, nor shall they park or allow to be parked any vehicle to obstruct access to any fire hydrant on the common property. It is recommended that all owners or occupiers of a section acquire and keep an accessible place in their unit fire extinguisher. Owners or occupiers are not covered for the contents or their units by the insurance policy covering the building and are thus advised to take out suitable insurance coverages themselves.
21. Noise
21.1. Owners or occupiers and their visitors, are requested to keep noise levels to a
minimum.
21.2 Reasonable quiet must be maintained at all times. No noise after 11:00pm.vUnless prior arrangement with the trustees as well as the neighbors.
21.3 Radios, tape decks, CD players, musical instruments, TV and other sound-producing devices played inside a section may not be played or used in such a manner as to interfere with any occupant’s enjoyment of his section or of the common property.
21.4 The noise level of Radios, television sets, CD players, I-Pods, MP3 players, DVD players, musical instruments, and all other sound-producing devices must be kept to a level that will not cause disturbances or cause annoyance to any owner or
occupier by being outside of the unit in question. No loud music playing from cars on common property will be tolerated.
21.5 The noise level of parties may not cause any disturbance to other owners or occupiers and if any complaints are received from any owner or occupier, the
offending owner or occupier must reduce the level of noise to an acceptable
level.
21.6 The discharge of fireworks and crackers is not allowed in the complex.
21.7 No owner or occupier of a section shall make or allow to be made, an excessive noise at any time, to disturb the other units. Trustees have sole discretion as to what constitutes “noise”.
22. Electricity supply
No Owner or occupier of a section may tamper or have any work or repairs done to any electrical supply or apparatus that services the common property. Any electrical faults on the common property must be reported to the Chairman of the Board of Trustees or the Caretaker.
23. General
23.1 No more than 2 people are to occupy a room of a unit, with a maximum of 4 people per 2-bedroom unit. Any additional occupants need the approval of the trustees.
23.2 Only written complaints will be addressed by the trustees.
24. Breach of Rules
24.1 If, in the opinion of the trustees, an occupant is in breach of any of the provisions of these rules and the occupant persists in such infringement after receiving a notice in writing from the trustees/managing agent to desist from such infringement, the trustees may, in their absolute discretion action the following:
a.) Impose penalties to the amount of R500.00 (Five Hundred Rand) for the 1st infringement and R1000.00 (One Thousand) for the 2nd infringement, which may be altered by the trustees from time to time as they deem fit, on such occupants in respect of each infringement, without prejudice to and in addition to any other rights at law available to the trustees. Such monies shall be used towards improvements in the complex as determined by the trustees. Any amount payable by an occupant to the body corporate in terms of sub-rule 24.1 (a), is an additional levy in respect of such occupant’s unit and payment thereof will be enforced in terms of the binding nature of these rules as intended in Section 69 of the prescribed management rules.
b.) And/ or, for an order compelling any occupant to comply with the provisions of these rules or desist from infringing the same.
c.) And/or, declare dispute in terms of Prescribed Management Rule 72.2
d.) With respect to the interpretation of these rules and all decisions needed to enforce these rules, the trustees’ decision shall be final and binding.
e.) A copy of these rules shall be kept by each and every owner or occupier and shall be made available for inspection by the trustees at any reasonable hour.
25. Levies and amounts payable to the body corporate
25.1 Any levies and /or other amounts payable to the body corporate, are due on the first day of the month and if not received by the seventh day of the month:
The trustees may, without any further notice or warning and in their absolute discretion, impose a penalty in the form of an additional levy, without prejudice to and in addition to any other rights at law available to the trustees, and in the particular its right to apply for an order compelling any occupant to comply with the provision of this rule, and at the sole discretion of the Chairman of the trustees to whom this discretion may have been delegated by the Chairman, disconnect the electricity supply to any occupant who defaults in terms of sub-rule (25.1) hereof and the reconnection of the electricity supply will only take place the full outstanding amount inclusive of any penalty in terms of sub-rule 25.1 (a) has been paid or after satisfactory arrangements for the payment of such account have been made.
25.2 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 occupant must reimburse the Body Corporate on demand for all its legal costs incurred in respect thereof on an attorney and client basis.
25.3. The Body Corporate or the Agent representatives and servants may not be held responsible or liable in any way for the receipt or the non-receipt of goods, postal manner, or other correspondence.
25.4 The trustees are to meet at least once bi-monthly to discuss issues pertaining to the Body Corporate. This will include all aspects, including the debtor's analysis and other financial matters that may require attention.
25.5 The responsibility rests with the current owner, at the time of the sale of the unit, to notify any prospective buyers, including estate agents, of any special levies that may be imposed or have already been imposed. No disclosure will result in the special levy being borne by the current owner.
26. Injury and damage
The body corporate may not be held liable for any injury or damage of any description which any owner, tenant, member of the family, any employee or servant or any relative, friend, acquaintance, visitor, invitee, or guest of the owner or tenant may sustain physically or to his property, directly or indirectly, in or about the common property or individual sections or in or about the parking area or storerooms or in or about any part of the complex and/or grounds in which the common property or individual sections are situated or for any act done or any neglect on the part of the Body Corporate or any of the body corporate’s employees, servants, or agents.
27. Irreconcilability
Notwithstanding any rule or sub-rule contained in this schedule of conduct rules, if any such conduct or sub-rule, either partially or as a whole, irreconcilable with any prescribed management rule contemplated in section 35 (2)(a) of the Sectional Titles Act, 95 of 1986, the irreconcilable segment of that particular rule will be null and void, and the remainder of that conduct rule or sub-rule contained in this schedule of conduct rules will still be in force as if the irreconcilable segment of that particular rule is not part of this schedule of conduct rules.