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All units shall be used solely for residential purposes only and residents may not use the unit for any other purpose without the prior consent of the Trustee Board.
All residents of Sections and other persons granted rights of occupancy by any owner of the relevant section are obliged to comply with these Conduct Rules, notwithstanding any provision to the contrary contained in, or the absence of provisions, in any lease or any grant of rights of occupancy.
The number of persons that reside in a section shall be limited to 2 (two) per recognised bedroom as indicated on the sectional or building plans of the complex. This prohibition shall not be applicable to visitors residing in the section for a period not exceeding 30 (thirty) days.
Business Activities
(a) No business (including use of the unit as a bed and breakfast or any short-term self-catering activity), profession, trade, storage or other non-residential activity may be conducted in any section or on the common property without the written approval of the MBC following a written application by the resident to conduct such a business from their unit.
(b) Approval will only be granted where the business use is legal and incidental to the residential use of the section (it may not occupy more than 25% of the floor area). Garages and Wendy Houses may not be used as storage, offices or as a habitable area.
(c) Should any of these activities cause a disturbance or inconvenience to other residents or infringe on the usage of the common property (e.g. Parking problems) or negatively impact on the insurance, damage to driveways, increase security risks and incur other costs for the MBC then approval may be withheld and can be withdrawn at any stage in the future.
An owner, who lets, sub-lets or otherwise grants occupation of a Section, whether gratuitously or not and irrespective of the lease period, shall comply with the following provisions and shall ensure compliance thereto by his letting agent—
(a) A written lease agreement must be concluded with the resident;
(b) Copies of the Conduct Rules and the other documents must be attached to and be incorporated into the lease agreement as a provision of the lease agreement;
(c) The following provisions must be incorporated into the lease agreement—
(i) The tenant hereby acknowledges that Makoti Sectional Title Scheme is a residential scheme and that he and the occupiers of the unit will be bound by the provisions of the Conduct Rules of Makoti Body Corporate.
(ii) The tenant further acknowledges that the Trustee Board have the power to impose penalties in respect of contraventions of the Conduct Rules and that other remedies are available to the Makoti Body Corporate in terms of the Conduct Rules.
(d) Copies of the Conduct Rules must be placed inside the leased Section at a prominent position.
(e) No owner or his letting agent may give occupation of the Section to any person until all the provisions of sub-rules (a) to (d) above have been complied with.
(f) A copy of the lease agreement must be submitted to the Trustee Board upon their request.
(g) Owners must advise the Trustee Board of the name and full details of the tenant within 7 (seven) days of taking occupation.
Owners shall ensure that their Agents comply with the provisions of these Conduct Rules, failing which a fine will be imposed.
No such letting shall in any way release the owner from any of their obligations to the MBC in terms of the Sectional Titles Act and these Conduct Rules.
Garages and Wendy Houses may not be used as living quarters.
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