11. COMMON PROPERTY, GARDENS AND PLANTS

1. A resident of a section shall—

(a) use and enjoy the common property in such a manner as not unreasonably to interfere with the use thereof by other residents or other persons lawfully present on the premises.

(b) keep the common property and garden areas clean and tidy at all times.

(c) be responsible to the MBC for any loss sustained by the MBC arising from their negligence. Such loss shall include, but not limited to, the excess payable in respect of any insurance claim.

2. No Resident or their contractor shall repair, alter or interfere with any of the electrical supply, external distribution boards, electricity meters, plumbing, irrigation system, taps and valves, sewers, drain pipes, guttering, driveways and pathways or tiles and roofs on the common property. All faults must be reported to the Trustee Board.

3. No equipment, plants, furniture, machinery or movables on the common property may be tampered with, damaged or removed. Any damage to the common property will constitute an offence and action shall be taken against, or the cost of repairs shall be recuperated from the guilty parties, if responsibility therefore can be proven.

4. No vandalism of the common property will be permitted. Unruly behaviour will not be tolerated, and security shall be entitled to escort guilty parties from the Complex.

5. The MBC is responsible for the maintenance of the common property and all gardening on common property shall be done by persons authorized by the Trustee Board unless otherwise agreed.

6. No alcohol may be consumed whilst on any part of common property and no drugs may be used on any part of the Complex.

7. No council bylaws or national laws may be contravened in the Complex (

8. No explosives, crackers, fireworks or items of similar nature may at any time be exploded, lit or operated on the common property.

9. No loitering is allowed on the common property.

10. No stones or other undesirable objects or refuse or waste maybe thrown, left or deposited on the common property.

11. Gardens and Plants

(a) Gardens and plants on the common property are for the enjoyment of all residents and no wilful damage will be tolerated. Removal or planting of plants in the common property gardens is not permitted unless authorized by the Trustee Board.

(b) Residents are responsible to maintain, to water and keep clean their Exclusive Use Gardens and are encouraged to improve the area within their walled gardens at their own expense.

(c) Residents may not plant any plants or trees in the Exclusive Use Gardens that in the opinion of the MBC are likely to cause damage to walls, sewers, driveways or foundations, or install permanent water features, ponds etc. or do anything that may impact on neighbours without first getting MBC approval.

(d) Garden tools, garden equipment and garden bags must not be visible from outside the section or from any other section or the common property.

(e) No gardens may be altered in such a manner as to restrict the thoroughfare to any part of the common property or create a nuisance to other residents.

(f) Gates shall be left unlocked on specific days to allow the garden service access to all walled gardens, and if they are not left open, the garden service will not be provided.

(g) Wall plants and creepers must be properly maintained and not be allowed to cause damage to walls, brickwork or other parts of the structure and must be cut back at the request of the Trustee Board. Any damage caused will be repaired for the account of the resident responsible.

(h) Residents are referred to the rule 2(7) in these Conduct Rules regarding their obligation to regularly remove excrement from their gardens to contain flies and other insects in the Complex and the MBCs right to recover costs.

(i) If lawns are mowed by employees of MBC or any service provider appointed to look after the gardens, the lawns will not be mowed if animal excrement is evident on the lawn. Residents will be responsible for removing all animal excrement before lawns are mowed. Should excrement not be removed, the resident will be responsible for the mowing of the lawn.

12. Signs and Notices

(a) No auctions, door to door selling, pamphlet drops, or the raising of funds or jumble sales may be held on the Complex. Only the MBC may distribute notices, newsletters, cell phone messages and emails or similar electronic notices and pamphlets relating to the MBC and the service providers in the Complex.

(b) No resident of a section shall exhibit, distribute or place any sign, notice, billboard, advertisement or publicity of any kind whatsoever on any part of the common property or within a section, so as to be visible from outside of the section without the written consent of the Trustee Board first having been obtained.

(c) Estate Agents

(i) Only Estate Agents registered with the MBC are allowed, at the discretion of the Trustee Board, to display signs on the pavements at the entrance to the complex.

(ii) “For sale” or “To Let” boards may only be displayed on Sundays between 07H00 and 19H00 and permission to erect signs must be obtained from the Trustee Board who will grant permission on receipt of proof of a unit being for sale or to let. “Sold” boards may be displayed until the sale of the unit has been registered.

(iii) Estate Agents signs or any other signs or boards are not allowed to be displayed within the Complex.

(iv) Banners, flags or balloons or similar marketing materials may not be displayed unless specifically approved by the MBC.

(v) Open show days and on-site auctions are not permitted.