Introduction

CONDUCT RULES

In terms of section 10(2)(b) of the Sectional Title Schemes Management Act no. 8 of 2011

A. APPLICABILITY

(1) The Makoti Body Corporate (hereinafter referred to as MBC) hereby publishes the following

Schedule of Conduct Rules. These Conduct Rules shall replace all previous rules and shall be

effective from the date of registration with the Community Schemes Ombud Service.

(2) The MBC may substitute, amend, repeal, or add to these Conduct Rules subject to and in

accordance with the provisions of section 10 of the Sectional Titles Schemes Management Act no. 8 of

2011.

(3) These Conduct Rules and the provisions of section 13 of the Sectional Titles Schemes Management

Act no. 8 of 2011 shall be binding on all residents of sections, including employees, visitors and any

family members; and it shall be the duty and responsibility of an owner to take all reasonable steps

to ensure compliance with these Conduct Rules in force by residents of his or her section, including

employees, visitors and any family members, including the duties of owners in relation to the use

and occupation of units and common property.

(4) The MBC’s responsibilities and powers are carried out by the Trustee Board, in terms of the

Sectional Titles Act, to enforce or apply these Conduct Rules and may not make any exceptions or

change any of these Conduct Rules without the approval of the owners in a general meeting and

after registration of those changes.

(5) These Conduct Rules must be reasonable and apply equally to all owners of units.

(6) No indulgence or relaxation in respect of these Conduct Rules shall constitute a waiver or consent or

prevent their enforcement by the Trustee Board at any time.

B. PURPOSE

(1) The purpose of these Conduct Rules is—

(a) to promote the peaceful, harmonized and common courtesy amongst all residents and regard

for their rights;

(b) to regulate the use of common property and amenities;

(c) the preservation of high standards of occupation for the mutual benefit of all residents.

(d) to prevent any behaviour that will harm the community or life-standards of the residents’ or that

might have a negative influence on the value of buildings or facilities.

(e) to ensure that good standards are maintained of the appearance of the buildings, structures

and gardens.

(2) It must be each resident’s declared intent to live as harmoniously as possible with all other residents

and to respect each other’s rights of privacy and undisturbed use of their section. Common courtesy

and consideration for others must be the basis for all aspects of behaviour.

(3) It is the responsibility and duty of residents to ensure that they, their families, visitors and employees

are familiar with and abide by these Conduct Rules.

C. DEFINITIONS

In the interpretation of these Conduct Rules, unless it appears otherwise out of the context—

(1) “Chief Ombud” means the chief ombud defined in Section 1 of the Community Schemes Ombud

Service Act, 2011 (Act 9 of 2011)

(2) "Common property" means all lawns, buildings, facilities and grounds on the outside of all units

and sections that also includes exclusive use areas.

(3) "Complex" includes the buildings known as Makoti Body Corporate (MBC) which comprises all the

units, the common property and the exclusive use areas.

(4) "Contractor" means any artisan, builder, electrician, plumber or other person employed by a

resident, or the MBC and includes sub-contractors;

(5) "Council" means the City of Johannesburg and its successors in title;

(6) “CSOSA” means the Community Schemes Ombud Service Act, 2011 (Act 9 of 2011)

(7) "Exclusive use area" means an area of the common property for the exclusive use by an owner of

a unit defined in Section 27 of the Sectional Titles Act, 1986 (Act 95 of 1986), as amended.

(8) "Owner" means the registered owner(s) of a unit.

(9) “Resident” used in these Conduct Rules shall include—

(a) The owner of any section, whether residing in the Complex, or not.

(b) All occupants of the section, whether permanent or temporary, and any lessee or representative

of the owner.

(10) "Section" means any Section as shown on the Sectional Title Plan, as more fully provided for in the

Sectional Titles Act;

(11) "STA" means the Sectional Titles Act, 1986 (Act 95 of 1986), as amended, including the Regulations

promulgated thereunder;

(12) “STSMA” means the Sectional Title Scheme Management Act, 2011 (Act 8 of 2011);

(13) "Trustee Board" means the Trustees, from time to time, of the MBC, including an alternate trustee

and the Professional Trustee;

(14) "Unit" means the unit that is registered in the owners’ name.

(15) "Vehicles" means any form of conveyance, including a motorcycle, caravan, trailer or boat.

D. INTERPRETATION

(1) The rule headings are for convenient reference and shall be disregarded in interpreting these

Conduct Rules.

(2) Unless the context clearly indicates a contrary intention—

(a) the singular shall include the plural and vice versa; and

(b) a reference to any one gender shall include the other gender; and

(c) a reference to natural person includes juristic person, trusts and partnerships and vice versa.

(3) Words and expressions defined in any Conduct Rule shall, unless inconsistent with the context, bear