Body Corporate Rules

Conduct Rules OF THE SECTIONAL TITLE SCHEME KNOWN AS

HIGH CAPE ONE WITH Sectional plan number: SS 54/1993

Whereas

these Conduct Rules are legally binding between all Owners, Occupants, guests, their domestic staff and the Body Corporate of High Cape One.

AND WHEREAS

Owners of Sections shall ensure and be responsible for the strict and full compliance with these rules themselves and by any Occupant, guest and /or domestic employee of the Sections they own notwithstanding the absence of specific reference thereto any Conduct Rule hereunder.

And whereas

these rules set the behavioural standards which serve to promote mutual respect amongst all Occupants (including Owners) and good neighbourliness in High Cape One.

Definitions

In these Conduct Rules except in a context indicating that some other meaning is intended:

(a) Words and phrases denoting natural persons refer also to juristic persons, and vice versa.

(b) Clause headings appear in these Conduct Rules for purposes of reference only and shall not influence the proper interpretation of the subject matter.

(c) Expressions in the singular also denote the plural, and vice versa.

(d) Pronouns of any gender include the corresponding pronouns of the other genders.

(e) Application for consent made to the Trustees in terms of these Conduct Rules shall mean an application made to the Trustees of the Body Corporate of High Cape One through the Managing Agents appointed by them from time to time.

(f) Body Corporate shall mean the Body Corporate of High Cape One.

(h) References to the common Property shall mean and include any areas of exclusive use, "exclusive use areas".

(i) Occupant / Occupier shall mean any person other than an Owner and shall include tenants and/or their guests and any other person otherwise occupying any section or any other part of the Property in High Cape One.

(j) Owner shall mean the registered Owner of a unit and/or associated exclusive use area.

(k) Property shall mean and include a section, the common Property, the grounds and other buildings in High Cape One.

(l) Section shall mean a sectional title unit or section registered in the Deeds Office and defined in terms of the Sectional Titles Act 95 of 1986 together with any exclusive use areas associated with or reserved in respect of such unit or section.

(m) A Structural change in relation to a building or any part of the Property shall mean any change, alteration or addition relating to or forming part of the structure of a building whether by affixing any item thereto or otherwise having the effect of changing or altering the structure of the building or any part of the Property.

(n) Tandem parking shall mean the action or ability to park outside a garage in such a manner that it does not obstruct the flow of traffic or access to a building, the property or otherwise in any way.

(o) Trustees shall mean the Trustees of the Body Corporate of High Cape One as nominated and appointed from time to time in terms of the Sectional Titles Act 95 of 1986 as amended, the regulations promulgated in terms thereof and/or the prevailing management rules registered in terms thereof of High Cape One.

(p) Vehicle shall mean motor cars, motorised Vehicles, motorbikes, motor scooters, bicycles and all other types of Vehicles.

Where these Conduct Rules are silent on any aspect the relevant provisions of the Sectional Titles Act 95 of 1986 as amended and regulations promulgated in terms thereof and/or the prevailing management rules registered in terms thereof of High Cape One shall apply.

1. EXTERIOR CHANGES / ATLERATIONS / ADDITIONS

No Owner or Occupant of a Section shall without obtaining the prior written consent of the Trustees, which consent shall not be unreasonably withheld:

1.1 Mark, paint, drive nails, screws or the like into or otherwise damage or make any alterations, additions, otherwise change or decorate the exterior of any part of the Property including without limitation the outside walls of Sections and the roof space. The prior written consent of the Trustees shall be conditional upon full and complete compliance with any term contained therein which the Trustees shall deem necessary to include in their sole discretion.

1.2 Erect awnings. The prior written consent of the Trustees shall be conditional upon full and complete compliance with any term contained therein without limitation in respect of the type, colour and manner of affixing to the Property any awning, which the Trustees shall deem necessary to include in their sole discretion.

1.3 Erect or install any radio/television aerial(s) or satellite dish(es), or similar device(s), or attach cabling of any kind to the Property. The prior written consent of the Trustees shall be conditional upon full and complete compliance with any term contained therein which the Trustees shall deem necessary in their sole discretion to include and shall be further be conditional thereupon that the Owner makes use the Body Corporate’s preferred supplier for any such installation.

1.4 Installing or attaching an air-conditioning unit to the exterior walls or roofs of the Property. The prior written consent of the Trustees shall be conditional upon full and complete compliance with any term contained therein without limitation in respect of the method of installation, type, specification, position, colour and the removal of air-conditioning unit, which the Trustees shall deem necessary to include in their sole discretion.

1.5 Erect any tent or other semi – permanent or similar structure nor alter or remove any shrub, tree, garden accessory, irrigation equipment or plant in the garden, or the common Property, or elsewhere on the grounds. The prior written consent of the Trustees shall be conditional upon full and complete compliance with any term contained therein which the Trustees shall deem necessary to include in their sole discretion.

1.6 No Owner or Occupant of a Section with direct access to common Property or areas shall erect or cause to erect any structure of whatever nature that prevents or hinders general undisturbed access to these areas in any way. The prior written consent of the Trustees shall be conditional upon full and complete compliance with any term contained therein without limitation the means of access to such areas by Trustees and/or the staff of the Body Corporate at all times in pursuance of their duties or any business in terms of these Conduct Rules which the Trustees shall deem necessary to include in their sole discretion.

1.7 The Trustees, depending upon the changes, alterations, additions or work envisaged, may demand that a deposit be lodged and held until completion of work, to cover any damage that may be incurred by Body Corporate whilst construction is taking place. Such deposit or balance thereof if any and as the case may be, shall with the written approval of the Trustees be refunded to the Owner concerned within a reasonable period of time after completion of the work.

1.8 Without limitation of any provision contained in these Conduct Rules in any way in respect of fines and / or penalties levied for any breach thereof - any exterior alteration, change and or addition affected in contravention of these Conduct Rules or in contravention with any terms and/or conditions contained in the Trustees written consent shall be grounds for the revocation thereof and any exterior alteration, change and or addition shall be removed by the Trustees and the affected building or Property restored to its original state both at the cost of the Owner concerned. The Owner concerned shall further be liable for any other costs, expenses and/or damages incurred by the Body Corporate resultant from such breach.

2. INTERNAL ALTERATIONS

2.1 No work or construction to Structurally change or otherwise Structurally alter any Section internally shall be permitted and may not commence until such time as the requisite authority from the City of Cape Town Municipality has been obtained by the Owner of the Section concerned together with obtaining the prior written consent of the Trustees, which consent shall not be unreasonably withheld. The prior written consent of the Trustees shall be conditional upon full and complete compliance with any term contained therein which the Trustees shall deem necessary to include in their sole discretion. The Owner shall ensure the strict and full compliance with all conditions contained in the consent from the Trustees together with any conditions set by the City of Cape Town Municipality.

2.2 In order for the Trustees to consider any application for consent as set out in 2.1 above for an Owner to Structurally alter or otherwise Structurally change his or her Section internally, the Owner shall submit to the Managing Agents copies of the authority obtained from the City of Cape Town Municipality together with the full details of and the scope of works to be conducted by him /her in writing.

2.3 The Trustees, depending upon the work envisaged whether or not Structural in nature, may demand that a deposit be lodged and held until completion of work, to cover any damage that may be incurred by Body Corporate whilst construction is taking place. Such deposit or balance thereof if any and as the case may be, shall with the written approval of the Trustees be refunded to the Owner concerned within a reasonable period of time after completion of the work.

2.4 No alterations, repairs or maintenance which will or is likely to result in changes to the electrical wiring or plumbing within Sections or exclusive use areas shall be permitted unless such work is conducted by a suitably qualified and lawfully registered service provider. A copy of the requisite compliance certificate confirming the state and lawfulness of the electrical wiring and / or plumbing in the Section or exclusive use area involved shall be lodged with the Managing Agents in order for an Owner to receive refund of the deposit paid on the demand of the Trustees as set out in 2.3 above. The Owner concerned shall be liable for any damages to the Property or part thereof including any neighbouring Sections or any losses incurred resultant from the use of inferior products or workmanship or fraudulent / inaccurate compliance certificates.

2.5 All building rubble, waste or associated building debris shall be removed from the building site by the Owner or his/her contractor on a daily basis, shall not be stored in any place or manner where it is visible from the outside of a Section or anywhere in or on the common Property and shall not be placed in or disposed of in the refuse receptacle (bins).

2.6 All work or construction nor any repairs or maintenance undertaken shall be carried out or conducted by an Owner or Occupant of a Section whether him/herself or by use of a contractor or otherwise as set out in this clause 2 shall only be carried out during the following times:

2.6.1 Mondays-Fridays (both inclusive) between 08:00 and 16:30, and

2.6.2

Saturdays between 10:00 and 13:00

2.7 No work or construction nor any repairs or maintenance undertaken shall be carried out or conducted by an Owner or Occupant of a Section whether him/herself or by use of a contractor or otherwise set out in 2 above save for instances where the prior written consent of the Trustees authorising work, repairs or maintenance during any other times have been obtained:

2.7.1 Outside the hours set out in 2.6 above and,

2.7.2 On Saturdays, Sundays and Public / Religious Holidays.

2.8 Without limitation of any provision contained in these Conduct Rules in any way in respect of fines and / or penalties levied for any breach thereof - any internal alteration affected in contravention of these Conduct Rules or in contravention with any terms and/or conditions contained in the Trustees written consent or in contravention with the authority from the City of Cape Town Municipality or any other contravention of any law by the Owner himself, the Occupant of the Section or building contractor and/or its labourers shall be grounds for the revocation of the Trustees written consent. The Owner concerned shall be liable for any other costs, expenses and/or damages incurred by the Body Corporate resultant from such breach or contravention.

3. RESIDENTIAL USE/ LAWFUL ACTIVITIES / SIGNAGE

3.1 Owners and Occupants shall at all times ensure that their Section and associated exclusive use areas are used for residential purpose only.

3.2 No auction, garage sales, or any other sale shall be permitted on the Property or in any portion thereof.

3.3 The Owner or Occupant of any Section shall not place or do anything on any part of the common Property, including balconies, patios, stoeps and gardens, that when viewed from the outside of the Section is, in the discretion of the Trustees, aesthetically displeasing or undesirable.

3.4 No illegal acts or activities shall be conducted or be permitted on any part of the Property or premises. Where Owners or Occupants have sufficient proof of such activities being conducted by any person or Occupant in contravention of any law they should report that to the City Bowl Police with telephone number: 021 467 8002 or 10111 immediately and inform the Managing Agents thereof in writing as soon as reasonably possible thereafter.

3.5 No Owner or Occupier of a Section shall place any sign, notice, billboard or advertisement of any kind whatsoever on any part of the common Property or of a Section, so as to be visible from outside the Section, without the prior written consent of the Trustees, which consent shall not be unreasonably withheld. The prior written consent of the Trustees shall be conditional upon full and complete compliance with any term contained therein which the Trustees shall deem necessary to include in their sole discretion.

3.6 Without limitation of any provision contained in these Conduct Rules in respect of fines and / or penalties levied for any breach thereof - any sign, notice, billboard or advertisement of any kind whatsoever erected in contravention of these Conduct Rules or in contravention with any terms and/or conditions contained in the Trustees written consent shall be grounds for the revocation thereof and any sign, notice, billboard or advertisement of any kind whatsoever shall be removed by the Trustees and the affected building or Property restored to its original state both at the cost of the Owner concerned. The Owner concerned shall further be liable for any other costs, expenses and/or damages incurred by the Body Corporate resultant from such breach.

4. TENANTS / OCCUPANTS

4.1 Every Owner who does not occupy his /her Section him/herself or lets or sublets his/her Section to a tenant shall for each lease agreement or other agreement regarding occupancy of such Section entered into:

4.1.1 Supply the Managing Agents in writing with the full names of the tenant(s)/ Occupant(s), the full contact details of the tenant(s)/ Occupant(s) and the dates of commencement and termination of the lease or other agreement within 14 days from signature or conclusion thereof, whichever is earlier.

4.1.2 At his/her own expense append to the lease or other agreement alternatively supply the tenant / occupant as the case may be with a copy of these Conduct Rules.

4.1.3 Owners shall ensure at all relevant times the tenant(s)/ Occupant(s), their guests’ and /or domestic staff’s strict and full compliance with these Conduct Rules.

4.1.4 Without limitation of the Trustees powers to levy fines or penalties in any way in respect of the Owner’s non-compliance or breach of 4.1.1 and 4.1.2, no such non-compliance or breach shall constitute a valid legal defence to be raised in respect of any such fine levied or raised.

4.2 Be responsible for all acts or omissions of the tenants/Occupants as the case may be as if the Owner him/herself had committed such act or omission him/herself and shall make good to the satisfaction of the Trustees any damages caused by the tenants/Occupant or their visitors, guests or domestic staff as a result of any such action or omission.

4.3 Without limitation of the provisions contained in 4.2 and /or any provision contained in these Conduct Rules in respect of fines and / or penalties levied for any breach thereof – in instances of repeated contravention(s) of these Conduct Rules by any tenant or Occupant the Trustees may without limitation of the provisions of 4.2 or any provision contained in these Conduct Rules to compel the Owner to terminate the agreement with such tenant or Occupant.

5. NOISE / NUISANCE / DISTURBANCE

5.1 No Owner or Occupant shall cause or permit any act or behaviour or omission in, on the Property which could constitute a nuisance, noise, unsociable behaviour, unreasonable disturbance and/or unreasonable invasion of the privacy of other Occupiers in High Cape One. Nor shall any Owner or Occupant cause or permit any such nuisance, unsociable behaviour or an unreasonable disturbance or unreasonable invasion of the privacy of other Occupants in High Cape One by their children, visitors, staff and / or pets.

5.2 Any such action or omission that shall for purposes of this clause constitute nuisance, a disturbance, noise or unsociable behaviour shall be interpreted and determined by the Trustees in a wide sense and shall evaluate each complaint on a case by case basis in their sole discretion.

5.3 Owners, Occupants and / or their guests or visitors shall in conducting themselves respect the rights of other Occupants in High Cape One and shall prevent any excessive noise when entering or leaving the building at all times and shall refrain from hooting car horns at all times.

6. REFUSE DISPOSAL / CLEANLINESS / ERADICATION OF PESTS

6.1 An Owner or Occupant must keep a receptacle for refuse (bins) in a hygienic and dry condition either in his Section, exclusive use area or on a part of the common Property designated in writing by the Trustees for this purpose.

6.2 Before refuse is placed in the receptacle the Owner or Occupant concerned must ensure that it is securely wrapped or, in the case of a tin or other container, that it is completely drained.

6.3 All refuse by separating general refuse and recycling material shall be disposed of in the appropriate designated receptacles in the designated bin rooms. All refuse shall be placed in bags, bags tied shut to prevent any leakage and the bags placed neatly inside the receptacle and the receptacle lid closed.

6.4 For the purposes of collection of the accumulated refuse, the Owner or Occupant must place the receptacle within the area designated for this purpose by the Trustees at the times designated for this purpose by the Trustees at the times designated by them and promptly return the receptacle to its usual position once the refuse has been collected.

6.5 Refuse shall only be kept or stored in designated bin rooms and not in any other of part of the common Property including without limitation entrance halls.

6.6 No Owner or Occupier shall litter, deposit or throw any rubbish, including dirt, cigarette butts, food scraps or any other litter whatsoever, onto any part of the Property, nor may he/she allow any other person to do so.

6.7 No Owner or Occupier shall flush or otherwise dispose of any inappropriate objects in sinks or toilets in any Section. These inappropriate objects shall include without limitation of the generality thereof include excessive quantities of cooking fat; babies’ nappies and any solid object which may cause blockage of the sewerage system, any drain or pipe.

6.8 Without limitation of any provision contained in these Conduct Rules in respect of fines and / or penalties levied for any breach thereof - where an Owner or Occupant flushes or otherwise disposes of any inappropriate objects in sinks or toilets in any Section he /she shall be liable for the payment of any costs incurred by the Body Corporate in cleaning the sewerage or unblocking any drain or pipe affected and any resultant damages incurred by the Body Corporate.

6.9 An Owner or Occupant must keep his Section free of white ants, borer beetle, and other wood – destroying insects, rats and cockroaches and shall bear the costs of the inspection, the eradication of any pests and of the replacement of any infested woodwork.

7. PETS

7.1 No aviaries are permitted in or on any part of the Property under any circumstances.

7.2 An Owner or Occupant of a Section may not keep any animal in the Property or any part thereof unless he/she has obtained the prior written consent of the Trustees, which consent shall not be unreasonably withheld.

7.3 No pet so authorised to be kept by the Trustees shall be kept by any Owner or Occupant of a Section unless such animal has been neutered or spayed as the case may be.

7.4 In order for the Trustees to consider any application for consent as set out in 7.2 above for an Owner to keep pets the Owner shall submit a certificate from a duly registered veterinarian which shall in sufficient detail describe the animal concerned and certify that the animal has either been spayed or neutered.

7.5 The Trustees shall consider in their sole discretion each application for consent on its own merits and with due regard to any national laws, municipal by-laws, other regulations and the interests of other Occupants of High Cape. The prior written consent of the Trustees shall be conditional upon the animal Owner’s full and complete compliance with any term contained therein which the Trustees shall deem necessary in their sole discretion to include.

7.6 Any written consent may be withdrawn or revoked by the Trustees at any stage in their discretion but with reasonable notice of such to the affected Owner or Occupant to remove such animal from the Property; such reasonable notice shall be no less than 30 days.

7.7 Without limitation of any provision contained in these Conduct Rules in respect of fines and / or penalties levied for any breach thereof – any animal kept in contravention with these Conduct Rules or in contravention with any terms and/or conditions contained in the Trustees written consent shall be grounds for the revocation thereof and such animal shall be removed by the Trustees by any means necessary without prior notice to the affected Owner and at such Owner’s own expense. The Owner concerned shall further be liable for any other costs, expenses and/or damages incurred by the Body Corporate resultant from such breach.

7.8 No Owner or Occupant shall be entitled to keep more than two animals of whatever description at any time within the Property or any part thereof.

7.9 All Owners and Occupiers shall ensure that their animals, when making use of the Property, wear collars bearing tags containing the names, addresses and telephone numbers of their Owners.

7.10 Dogs must be kept on leashes as all times when not in the Section.

7.11 Only small dogs shall be permitted and be kept in a Property or any part thereof which does not have direct access to common Property. Direct access in this context shall mean without limitation the necessity to use common passages, staircases or walkways.

7.12 No animal shall be permitted to foul in or on any part of the common Property or grounds. Any accidental fouling shall be cleaned by the Owner immediately after occurrence.

7.13 Any unaccompanied or unidentifiable animal found in or on the common Property or otherwise in contravention of these rules may be removed by the Trustees by any means necessary. Any costs, expenses or damages incurred by the Body Corporate as a result of such removal, including without limitation capture and pound fees, shall be borne by the Owner of the Section involved and where such Owner is not in Cape One from the animal’s Owner or any such person apparently responsible for such animal.

7.14 In the event where a pet is removed by virtue of 7.6 or 7.12 above, the Body Corporate shall not be liable for any injury to any pet or for any other loss or damage incurred by the Owner or Occupier or any other person.

8. MOTOR VEHICLES / GARAGES / PARKING

8.1 Owners or Occupiers of Sections shall observe and ensure that they and their guests, visitors and domestic staff:

8.1.1 Observe and comply with all road signs displayed on the Property.

8.1.2 Not drive their Vehicles within any part of the Property in any manner which creates a nuisance to other Occupants or is considered by the reasonable person as unsafe or is a threat to general safety.

8.1.3 Not to allow any person without a valid drivers’ licence to drive any Vehicle within the common Property.

8.2 No Owner or Occupant of a Section shall park or otherwise stand any Vehicle on the common Property unless he/she has obtained the prior written consent of the Trustees, nor may he/she allow any other person to do so. Such consent shall not be unreasonably withheld. This rule does not apply to any exclusive use parking bay the Owner thereof is specifically entitled to use. Any unauthorised use of exclusive use parking bay is strictly prohibited.

8.3 Vehicles shall only be parked on designated reserved parking bays (exclusive use parking bays) or on such part of the common Property that is specifically indicated or approved by the Trustees for that purpose and in such a way that the flow of traffic and access to and egress from garages or parking bays is not obstructed.

8.4 One Vehicle may not occupy two parking bays.

8.5 Parking shall not be permitted or be allowed in front of any garage doors which shall be kept closed at all times when the garage is not in use, save for Tandem Parking authorised as such by the Trustees.

8.6 Damaged Vehicles and Vehicles that are not in general use, drip oil or brake fluid on to the common Property or that are not roadworthy shall not be parked on the common Property at any time.

8.7 An Owner or Occupant of a Section must ensure that neither his Vehicle nor those of his visitors or guests drips oil brake fluid onto the common Property or in any other manner defaces the common Property.

8.8 No person is allowed to dismantle any Vehicle or effect major repairs on any part of the common Property, on any exclusive use area or in any Section.

8.9 Garages must be used for the purpose of parking and not exclusively for storage.

8.10 Trucks, caravans, trailers or boats shall not be allowed in or parked on the common Property at any time.

8.11 Without limitation of any provision contained in these Conduct Rules in any way in respect of fines and / or penalties levied for any breach thereof - any Vehicle parked or otherwise stored in the Property in contravention with these Conduct Rules or in contravention of these rules or in contravention with any terms and/or conditions contained in the Trustees written consent shall be grounds for the revocation thereof and such Vehicle shall be clamped until such payment in cash of a release fee as determined by the Trustees from time to time and / or be removed or towed away at the sole risk and expense of the Owner concerned. The Owner concerned shall further be liable for any other costs, expenses and/or damages incurred by the Body Corporate resultant from such breach.

8.12 Vehicles are parked in or on the Property at the Owner thereof’s own risk. The Body Corporate or its agents (including Managing Agents) or any of their employees shall not be liable for any loss or damage of whatever nature incurred by the Owner of such Vehicle by virtue of such being parked on the Property or removed therefrom in terms of these Conduct Rules.

9. SMOKING

9.1 No smoking in any internal part of the common Property or any part of the Property that would not be permissible in terms of the prevailing national anti-smoking legislation is permitted or shall be allowed in terms of these Conduct Rules.

9.2 No cigarette ash or cigarette butts may be thrown from windows or balconies or left anywhere in the Property where it may cause a fire or become a fire hazard.

10. STORAGE / DANGEROUS MATERIALS

10.1 No explosives, poisons or any other dangerous or combustible material of whatsoever nature shall be allowed on any part of the Property including any garage at any time.

10.2 An Owner or Occupant of a Section may not;

10.2.1 Store any material, or

10.2.2 Perform or permit any other dangerous act in any part of the building (including his/her Section and the common Property) if such storage or action could increase the rate of the premium on any Body Corporate insurance policy.

10.3 The passages, buildings, garages or any other part of the common Property shall not to be used for the sole purpose of storage of any items. Any material or objects or any such item left or stored in the passages, buildings or any other part of the common Property shall be removed by the Body Corporate by any means necessary at the cost of the offending Owner.

11. LAUNDRY

11.1 An Owner or Occupant of a Section may not erect his own washing lines without the prior written consent of the Trustees, which consent shall not be unreasonably withheld. The prior written consent of the Trustees shall be conditional upon full and complete compliance with any term contained therein which the Trustees shall deem necessary in their sole discretion to include. The Owner shall ensure the strict and full compliance with all conditions contained therein.

11.2 No Owner or Occupant shall hang any washing, laundry or other items on any part of the building or the Property in its entirety including without limitation his/her Section and the common Property if it is visible from outside the building or from any other Section unless he first obtains the prior written consent of the Trustees, which consent shall not be unreasonably withheld. The prior written consent of the Trustees shall be conditional upon full and complete compliance with any term contained therein which the Trustees shall deem necessary in their sole discretion to include.

11.3 Any washing hung out to dry is at the sole risk of the Owner thereof and shall be removed every night.

12. UNOCCUPIED PREMISES

12.1 An Owner or Occupant intending to leave his/her Section unoccupied for any period shall ensure that such Section is left in such a way as to avoid any damage to other Sections, other parts of the Property and/or injury to other Occupants.

12.2 Matters such as water leaks, potential water leaks, other threats or defects within a Section which may cause or potentially result in damage to other Sections, parts of the Property or injury to other Occupants shall be reported to the Managing Agents immediately upon becoming aware thereof.

12.3 The Trustees shall have access or obtain access by any means necessary of any Section where the Owner or Occupant of an unoccupied Section cannot be reached for any reason whatsoever, in which case the Body Corporate shall not be liable for any damages or losses incurred by the Owner concerned.

12.4 Without limitation of any provision contained in these Conduct Rules in respect of fines and / or penalties levied for any breach thereof – the Owner concerned shall be liable for any other costs, expenses and/or damages incurred by the Body Corporate resultant from such breach of the provisions of this clause 12.

13. NO - LIABILITY / ACCESS

13.1 The Body Corporate or its agents (including the Managing Agents) shall not be liable for any injury or loss or damage of any description which any Owner or Occupier of a Section or any member of his /her family, his/her employee or domestic staff or his/her relative, friend, acquaintance, visitor, invitee or guest may sustain, physically or to his/her or their Property, directly or indirectly, in or about the common Property its amenities or in the individual Sections by reason of any defect in the common Property, its amenities or in the individual Sections or for any act done or for any neglect on the part of the Body Corporate or any of the Body Corporate’s employees, domestic staff, agents or contractors.

13.2 No Owner or Occupier shall unreasonably deny the Trustees or their lawful agents, nominees, contractors or employees access to any part of the Property for the purposes of inspection or repair.

14. ENFORCEMENT / FINES

14.1 Any contravention or breach of any of these Conduct Rules shall without any prior written warning to the Owner concerned be punishable by the Trustees raising a fine or penalty against such Owner’s levy account. The Owner shall be notified of the details and nature of such offence, breach or contravention concerned upon his / her request.

14.2 Fines or penalties shall be added to the monthly levies payable by the Owner and is both due and payable by the Owner concerned on receipt of such levy statement.

14.2.1 First infringement R2000.00 per offence,

14.2.2 Second infringement R2500.00 per offence,

14.2.3 Third and any further infringements R3000.00 per offence.

The Trustees shall adjust these amounts from time to time in their sole discretion.

15. DETERMINATION OF DISPUTES BY ARBITRATION

15.1 Any dispute between the Body Corporate and an Owner or between Owners arising out of or in connection with or related to the Sectional Titles Act 95 of 1986 as amended, these Conduct Rules or the management rules, save where an interdict or any form of urgent or other relief may be required or obtained from a Court having jurisdiction, shall be determined in terms of these rules.

15.2 If such a dispute arises, the aggrieved party shall notify the other interested party or parties in writing and copies of such notification shall be served on the Trustees and the managing agents, if any. Should the dispute or complaint not be resolved within 14 days of such notice, either of the parties may demand that the dispute or complaint be referred to arbitration.

15.3 Having regard to the nature and complexity of the dispute or complaint and to the costs which may be involved in the adjudication thereof, the parties appoint an arbitrator who shall be an independent and suitable experienced and qualified person as may be agreed upon between the parties to the dispute.

15.4 If the parties cannot agree as to the arbitrator to be appointed in terms of subrule 71 (3) of the management rules (regulations promulgated in terms of the Sectional Titles Act 95 of 1986 as amended) within 3 days after the arbitration has been demanded, the registrar of deeds for the deeds registry in which the scheme is registered or his or her nominee shall upon written application and subject to payment of the prescribed fee, in writing appoint an arbitrator within 7 days after he or she has been required to make the appointment so that the arbitration can be held and concluded without delay.

15.5 Arbitration shall be held informally or otherwise as the arbitrator may determine. The arbitrator shall have the right to demand that the party demanding the arbitration furnish the arbitrator with security for payment of the costs of the arbitration in such amount and form as the arbitrator may determine, failing which the arbitration shall not be proceeded with. Where possible, the arbitration shall be concluded within 21 days after the matter has been referred to arbitration in terms of subrule 71 (2) of the management rules (regulations promulgated in terms of the Sectional Titles Act 95 of 1986 as amended) or security for costs has been furnished.

15.6 The arbitrator shall make his or her award within 7 days from the date of the completion of the arbitration and shall, in making his or her award, have regard to the principles laid down in terms of these rules. The arbitrator may determine that the costs of the arbitration be paid by any one of the disputing parties or any of them jointly or in such shares as he or she may determine, and as he or she, in his or her discretion, may deem appropriate having regard to the outcome of the arbitration.

15.7 The decision of the arbitrator shall be final and binding and may be made an order of the High Court upon application of any party to or affected by the arbitration.


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