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MAKOTI

BODY CORPORATE
SS151/2002

Conduct Rules

INTRODUCTION

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

CONDUCT RULES

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

1. ACCESS CONTROL AND SECURITY

1. Right of access is reserved to the common property and the Trustee Board shall control the access to and use of the common property.

2. Access is at own risk. No claim of whatsoever nature against the MBC, its agents or servants,

arising out of any damage to a vehicle while parked in the Complex or arising out of the enforcement of these Conduct Rules shall be considered.

3. The Trustee Board has full authority on behalf of the MBC to determine who and what may and may not enter or leave the Complex and to enforce all the Conduct Rules on behalf of the MBC.

4. The Trustee Board will create a new exit code on a monthly basis which will be shared with the owner.

5. Residents must—.

(a) ensure that upon entering or leaving the Complex, the relevant pedestrian or entrance or exit gate is properly closed.

(b) ensure that such pedestrian gate, entrance gate or exit gate are never opened for unknown or uninvited persons.

(c) ensure that they comply with any security measures, directives and any other security

procedural requirements imposed from time to time by the Trustee Board to meet the needs of the Complex.

(d) at all-time ensure that the security and safety of other residents and their property are preserved, and to respect the authority of the security company and their guards.

(e) report all suspicious persons and incidents verbally to the Trustee Board immediately and to the Trustee Board as soon as possible thereafter, preferably in writing, by cell text or email, or by any other acceptable means.

6. All vehicles entering the Complex must reduce their sound system volume and drive quietly so as not to disturb residents.

7. No vehicle shall be permitted to enter the Complex —

(a) having a gross vehicle mass (GVM) in excess of 3500kg, (The GVM is the maximum permissible total weight of a loaded vehicle which includes the vehicle weight (tare), cargo, fuel and driver.

The GVM and Tare is stamped on the compliance plate of the vehicle and printed on the registration license disk):

(b) with trailers exceeding 7 (seven) metres in length,

(c) that is excessively noisy,

(d) emitting excessive exhaust fumes,

(e) leaking oil or hydrocarbons

8. Access Devices

(a) The MBC reserves the right to withdraw or replace security devices and amend the access process relating to any resident of any section for any reason.

(b) Written permission from the owner or an appointed rental agent is required before non-owners (Tenants, Lessees and other occupants) may obtain access devices

(c) Security access devices may not be lent or given to non-residents or used for any purpose other than for any residents, resident’s representative or rental agent to gain access to, or exit the Complex.

(d) Residents are responsible to purchase access control remotes. All new or additional remote/s must be given to the Trustee Board to program the remotes.

(e) The remote-control button must only be pressed once in order for the gate to open. The gate will close automatically thereafter. This is not a toy, do not let your children play with the remote, as the repair will be for each resident own expense.

(f) Residents and their visitors, employees and contractors must handle their access controls responsibly. In the event that a resident has lost or misplaced a remote control, it must be reported to the Trustee Board without delay.

2. PETS, ANIMALS, REPTILES AND BIRDS

1. A resident of a section shall not, without the consent in writing of the Trustee Board, which approval may not unreasonably be withheld, keep any animal, reptile or bird in a section or on the common property. When granting such approval, the Trustee Board may prescribe any reasonable condition. Keeping pets in the Complex is a privilege and not a right.

2. The MBC may grant permission, which must be in writing, for up to two Pets in total per section. Pets must be correctly registered and approved by the MBC before entering the Complex. The resident must provide all the necessary information and sign the required documentation, including—

(a) Copies and proof of neutering / spaying and current inoculations. Evidence of valid, current inoculations may be requested by the MBC.

(b) Evidence that the pet is identifiable by a collar with an identity tag containing the contact telephone number and pet’s name. The pet should be micro chipped if possible and the details of the microchip should be sent to the Trustee Board.

(c) Printed, or emailed coloured photos of the pet (This is useful in identifying the pet and may be required at the Trustee Boards’ discretion).

(d) Residents may be required to present their animal to the Trustee Board or accredited vet for identification and verification that they meet with the conditions before approval is granted

3. Approval by the MBC for a resident to keep a pet does not constitute approval of the suitability of the pet and the resident indemnifies the MBC against any claim, loss or damage it may incur that is caused by the pet while on the Complex

4. Approval for a pet to be on the Complex is subject to the following conditions and limitations, and the Trustee Board may amend or add to these requirements

(a) No excessive barking or uncontrolled barking, howling, whining etc. is allowed. Anything in excess of 15 (fifteen) minutes continuously is regarded as excessive.

(b) No pet is allowed on the Complex if it is, or can be perceived to be, a hindrance, a danger or threat to the safety of other residents, visitors, service providers, other persons or pets.

(c) No pet that shows aggressive behaviour is allowed, irrespective of size or type of pet. The Trustee Board will also have a published list of specific breeds of animals that have been identified as likely to be unsuitable. This rule covers animals of mixed breed containing any of the breeds on the list.

(d) Approval will only be given where the MBC is satisfied that the pet appears to be safe to bring into the Complex.

(e) Residents may be required to take their pet to appropriate and approved training if requested by the MBC to correct unacceptable or aggressive behaviour, at the resident’s expense.

(f) No pet that causes or can cause damage to any property, including damage to exclusive use gardens, common property gardens and inside units is allowed. Residents are liable for any damage or injury caused by their pet to any property, resident or their pets, visitors, employees and all other persons on the Complex.

(g) No large pet, or more than one pet, may be kept in a small garden, to be fair to the pets. The Trustee Board may determine if a garden is large enough for the particular pet or pets in each case, calling upon an animal expert for advice if necessary.

5. Dogs are to be properly controlled on a suitable leash or carried at all times when on the common property, including driveways and gardens.

6. Other pets permitted are limited to cats, fish kept in no more than two aquariums and up to two hamsters or mice in a cage. Up to two small birds kept in a cage are allowed, provided that they do not cause a disturbance.

(a) No other types of pets or animals will be allowed on the Complex without special permission from the MBC. Specifically excluded are all reptiles, snakes, noisy birds like parrots, macaws and parakeets, pigs, other farm animals and any wild or exotic animals.

(b) Aviaries are not permitted

7. Residents shall ensure that their pets do not foul any of the common property, including the gardens and driveways.

(a) Residents must ensure that all excrement is removed from the exclusive use garden and their section every day to ensure hygienic conditions are maintained and to enable the garden service to attend to the garden or maintenance workers to enter the garden area and as a courtesy to your neighbours.

(b) Should any pet foul the common property while being walked, the resident of the section to which the pet belongs shall immediately remove all excrement or other mess left by such pet.

(c) If the resident fails to clean up in their garden or on the common property as required, the resident shall be charged a fee each time the MBC has to clean up. The fee shall reasonably reflect the cost of cleaning up as determined by the Trustee Board and may include a penalty for the inconvenience of having to clean-up.

8. The MBC may elect to charge a monthly fee and/or an initial fee to all residents who have pets, or any class or type of pet, for any reason whatsoever, the amount of which shall be determined by the owners at a general meeting

9. The resident grants the MBC the right, should a pet be left abandoned, unattended or unsupervised for 24 hours or more, not provided with adequate shelter, food and water at all times or abused or mistreated or found running around the Complex or contravening any Council bylaws, to be removed by the MBC or appropriates authorities, on instruction of the Trustee Board, after urgent notice to the resident by phone, SMS or email. The MBC is entitled to recover from the resident all costs to remove and kennel such pet.

10. The following shall apply to residents who contravene these pet rules:

(a) On receipt of the first written complaint, or upon becoming aware of a contravention, the MBC will, through the Trustee Board, confirm that the contravention occurred and attempt to remedy the situation verbally with the resident or in a meeting or by telephone. A notice of contravention of these Conduct Rules may be issued to the resident, the owner of the unit and to the rental agent, if any.

(b) If the contravention is not resolved as above, or on receipt of the second written complaint or upon becoming aware of the contravention occurring again the MBC will confirm the validity of complaint and forward a written warning to the resident, the agent if any and the owner to remedy the situation immediately.

(c) If the above action does not resolve the contravention, or on receipt of the third valid written complaint or upon becoming aware of a recurring contravention, or in an urgent matter, the MBC will, if satisfied that the contravention occurred, sanction the resident as defined in these Conduct Rules and forward a written notice to the resident, agent if any owner, advising them to remove the pet from the Complex within 72 hours and the withdrawal of permission for the resident to keep that pet on the Complex.

(d) If the above does not resolve the matter the MBC reserves the right to refer the matter to the SPCA or arbitration or apply to a Court having jurisdiction, for an order or interdict for the removal of a pet from a section and the common property in terms of the Sectional Titles Act. The owner of the relevant section shall be liable for the costs relating to the application, including such costs as are referred to in Management Rule 30(4) and Conduct Rule 19(6).

11. The MBC may withdraw any pet approval at any time in the event of any breach or non- compliance with any of the other conduct rules after due process has been followed.

12. Residents who had more than two pets approved by the MBC prior to the registration of the first Conduct Rules in November 2002, and that are registered, may keep the excess pets but may not replace them and must thereafter comply with these Conduct Rules.

3. SANITARY SERVICES, REFUSE DISPOSAL AND LITTERING

1. Refuse may only be placed in approved dustbins available from Pikitup or the Local Council. This is to help prevent the infestation of flies and vermin in the Complex and ensure that the Complex meets all environmental and health and safety requirements.

2. A resident of a section shall—

(a) maintain in a hygienic and dry condition, a receptacle for refuse within his section, his exclusive use area or on such part of the common property as may be authorized by the Trustee Board in writing;

(b) ensure that before wet domestic refuse (including food scraps, dirty containers and all nonrecyclable items) is placed in such receptacle it is securely wrapped in leak proof plastic bags that are tied or sealed, or in the case of tins or other containers, completely drained;

(c) not place garbage receptacles or plastic bags where visible from any other part of the common property or any other section. No garbage may be left outside any section, on the common property, outside a refuse area or not in the appropriate bin in the refuse area.

d) place such receptacle for refuse collection—

(i) within the area and at the times designated by the Trustee Board;

(ii) outside the main gate before 18h00 on Sunday for collection of refuse on Mondays.

(e) upon collection of the refuse, promptly return such receptacle to his section within 24 hours or other area referred to in sub-rule 2 (a).

3. The refuse bins are for domestic waste only as defined by the Joburg Council. All other waste including damaged furniture and garden tools, window panes and other sheet glass, old appliances etc. and garden cuttings must be removed from the Complex at the residents cost.

4. Building rubble and items not accepted by the contractor for the special bin must be taken by the resident to the appropriate disposal site and not left on the Complex nor dumped in the bins.

5. Residents shall not deposit, throw, or permit or allow to be deposited or thrown on the common property or in the sewers any rubbish, including dirt, cigarette butts, food scraps, cans, bottles, wrappers, containers, nappies, animal excretions or any other litter whatsoever.

6. The MBC reserve the right to sanction any resident in breach or non-compliance of these Conduct Rules and charge residents for any costs relating to the cleaning up of any mess made or damage caused, and recover any charges levied by the Joburg Council or other body.

4. VEHICLES AND PARKING

1. Residents shall adhere to the speed limit and shall keep proper lookout for other motor vehicles and pedestrians when driving on common property. Motor vehicles may not travel without caution on any part of the common property

2. Parking

(a) Vehicles of residents shall only be parked in garages or designated exclusive use parking bays.

(b) No Resident shall park or stand any vehicle upon the common property or permit or allow any vehicle to be parked or stood upon the common property, without the consent of the Trustee Board in writing.

(c) No trucks, caravans, trailers of all description, quad bikes, off road scramblers, commercial vehicles (with a payload of more than one ton), or boats may be parked within the Complex other than in garages or exclusive use carports or designated parking bays In certain circumstances permission may be granted by the Trustee Board to allow a resident to temporarily park one of these on the Complex for no more than 7 consecutive days and they must be parked under the designated carports or in garages and not in visitor bays unless approved by the Trustee Board.

(d) It is specifically prohibited to park in front of any garage, with the exception of the resident of the unit and their guests, provided that the driveway remains clear at all times and it does not hinder the movement of other vehicles.

(e) No vehicle may be parked in front of any fire hydrant or where it may obstruct access to a service. The Trustee Board may have any offending vehicle towed away at the risk and at the expense of the owner of the vehicle and/or the owner of the unit concerned.

(f) Residents shall immediately move their and their guest’s vehicles to an appropriate place when asked to by the Trustee Board.

3. Repairs and reconditioning of vehicles, the cleaning and washing of vehicles on the common property and in the sections, is not permitted and no un-roadworthy or immobile or un-licensed or very dirty or damaged vehicles may be parked in the Complex.

4. The use of bicycles, tricycles, scooters, skateboards, rollerblades etc. is permitted however may not be left on the common property or obstruct the movement of other vehicles or residents.

5. Residents of sections shall ensure that their vehicles and the vehicles of their visitors and guests, do not drip oil, brake fluid, mud or dirt that stains, car cleaning liquids or spill anything else on the common property paving, including under the carports or in any other way deface the common property, including gardens and walls. The section owner is responsible for the cost of the MBC cleaning or repairing any damage.

6. The Trustee Board may cause a vehicle, which is parked, standing or abandoned on the common property in contravention of these Conduct Rules, to be removed or towed away, or its’ wheels to be clamped. The Trustee Board may further determine a reasonable penalty, which is to be paid for the release of a vehicle, to recover the costs of the process.

7. No person shall sleep anywhere on the common property or in any vehicle or caravan or trailer.

8. The normal road rules apply within the complex and, no reckless driving is allowed. Only duly licensed drivers shall be permitted to operate a vehicle within the common property.

5. DAMAGE TO COMMON PROPERTY

1. A Resident of a section shall not mark, paint, drive nails or screws or the like into, or otherwise damage, or alter any part of the common property without first obtaining the written consent of the Trustee Board.

2. A resident or person authorized by him, notwithstanding sub-rule (1), may install—

(a) any locking device, safety gate, burglar bars or other safety device for the protection of his section; or

(b) any screen or other device to prevent the entry of animals or insects, provided that the Trustee Board have first approved in writing the nature, design and colour or the device and the manner of installation.

3. Should any damage of whatsoever nature be caused to the common property by a resident, any member of their family, their visitors their employees, their children or pets and vehicles of such resident or resident’s visitors or should the MBC suffer any loss or incur any expense or liability, that resident shall be liable to reimburse the MBC immediately in full in respect of any and all losses or expenses incurred by the MBC in undertaking the repairs or replacement.

6. APPEARANCE OF A SECTION, ALTERATIONS, AND ADDITIONS

1. The resident of a section shall not place or do anything on any part of the common property, including balconies, patios, stoeps, and gardens which, in the discretion of the Trustee Board, is aesthetically displeasing or undesirable when viewed from the outside of the section.

2. Any alteration or installation affecting the aesthetic of a building shall be subject to the approval of the Trustee Board. This shall include, but not be limited to, colour, structural alterations, alterations to building facades and painting thereof, antennae and satellite dishes, burglar bars and gates, signage, carports and lighting.

3. No approval for alterations and additions will be required from the neighbouring units.

4. Improvements, additions and alterations made by residents shall be maintained by the resident, unless it is of an approved fixed awning or patio enclosure, or any other building alterations approved by the MBC in writing, in which case the MBC will maintain the common property portion. If these are allowed to deteriorate, or deteriorate due to weather, poor materials, poor workmanship, poor waterproofing or design, or were not approved by the MBC in writing, then the resident must maintain or replace, failing which they will be maintained or removed by the MBC at the sole cost of the resident.

5. Alterations and Renovations

(a) No extensions, alterations or improvements to the exterior of any section, balcony, patio, stope or garden including the addition of awnings, pergolas, garden huts, satellite dishes and external security gates shall be undertaken by a resident unless the Trustee Board have first been given full particulars thereof including where necessary, plans approved by the municipality where required in terms of the bylaws, and who have given their permission in writing thereto. If such written permission is granted, it shall apply only to the plans submitted and any variations will also require the permission of the MBC in writing.

(b) All extensions, alterations or improvements must comply with the requirements of the Sectional Title Act and local laws; and match the existing design, structure and look of the Complex.

(c) A Resident may not proceed with an alteration or renovation prior to having obtained written approval by the Trustee Board and the payment of a deposit of such an amount as may be determined by the Trustee Board from time to time.

(d) The MBC may request any official approvals, certified Council drawings, electrical certificates of compliance, verification from the Fire Chief, where applicable, for the MBC records.

e) All refuse and debris resulting from extensions, alterations or improvements shall be removed by the Resident and or their contractor on the same day. Permission to have a bulk bin in the Complex must be approved. If such refuse and debris is not removed, the Trustee Board may cause it to be removed, and all charges in connection therewith shall be for the account of the Resident.

(f) Should any alterations or additions obstruct any employee of contractor of the MBC in performing any work on the common property or common services, the resident concerned shall be liable for any additional costs incurred by the MBC in the performance of such work.

(g) A Resident shall be liable for the payment of all costs of repairing or restoring any damage caused to the common property as a result of the carrying out of any alterations or renovations.

6. Television Dishes, Aerials, Satellite Dishes Etc.

(a) No external satellite dishes, radio masts and aerials, telephone aerials or any other items protruding above the boundaries of the section may be erected without the approval of the MBC.

(b) The resident must adhere to the installation guidelines as laid down by the MBC and obtainable from the Trustee Board. This includes the location, approved make, size and design of dishes and aerials as well as the external cabling, conduit, trunking, and, in the case of tenants, the approval from owners.

(c) Tampering with existing television dishes or other aerials is not permitted

(d) All dishes, conduit, cables, trunking and aerials, once installed form part of the common property and may not be removed.

7. Alarms, Burglar Bars and Security Gates

(a) All house alarms shall be of the silent type, linked by radio to a security company. No audio alarms, sirens or flashing lights are permitted.

(b) Internal security gates is permitted, and must be white, bronze, green or black in colour. Trellis door type security gates are permitted

(c) External security gate for the main entrance and private gardens must match the existing design and colour of that installed in the complex. Screens may be attached to gates to provide privacy and prevent animals from getting out. Green or black shade-cloth is acceptable. Chicken wire is not acceptable.

(d) Internal burglar proofing must match the existing design and colour of that installed in the complex.

e) External Burglar proofing may be installed but must match existing pedestrian gate style, and must be white, green or black in colour

(f) Access gates to walled gardens may not be blocked in any way as to deny access to an area, without the approval of the MBC.

8. Air Conditioners and Other Appliances The fitting of air-conditioning, heating and other similar devices is allowed only with the written consent of the MBC and fitment must adhere to the conditions and guidelines provided by the MBC and obtainable from the Trustee Board. This includes the location of the compressor or heat exchanger and routing of all external trunking and noise levels permitted.

9. Gas Appliances All gas fireplaces, stoves and appliances may only be installed in accordance with any safety bylaws and once approved by the Trustee Board. Residents must provide gas installation certificates whenever required by the Trustee Board.

10. Laundry and Washing

(a) Residents may, only with the written approval of the MBC, erect an acceptable design washing line within their exclusive use areas. The positioning and location may not be visible to other sections or from the common property.

(b) Washing and other articles may not be hung in any position where it is visible from the common property or any section. Residents are requested to ensure that the washing is as unobtrusive as possible, and the Trustee Board has the right to request that any washing hung out be moved immediately to a less visible place.

(c) The hanging of laundry will be at the residents’ risk.

11. Alternative Power

a) Generators of the silent type may be installed.

(b) Solar tubes may be installed once approved by the Trustee Board,

(c) The MBC may install alternative power for use by the Complex if approved by the MBC in a special general meeting.

12. Curtains and Blinds

(a) Residents must ensure that sections are provided with adequate curtaining or blinds at all times and within 7 (seven) days of taking occupation.

(b) Curtains must have linings.

(c) All curtains and blinds must be neutral earthy and uniform colours, and when viewed from outside, must be acceptable to the Trustee Board in their discretion.

13. Wendy Houses and other structures

(a) A resident may not erect a Wendy House, Jungle gym or tool shed without the approval of the Trustee Board.

(b) Wendy houses must not exceed 2.4m x 2.4m in size. Walls should be some shade of brown or beige (treated wood is acceptable) and roofs must be painted the same terracotta colour as the roof tiles used in the complex (not red)

(c) No flammable material may be stored in a Tool shed or a Wendy house.

(d) Must be placed in a location where should the structure catch alight; a fire cannot spread to any nearby buildings.

(e) Owners must ensure that their insurance is still valid and that the insurance company is aware of the existence of the Wendy house

(f) If a Wendy house or other structures falls into a state of disrepair, the Trustee Board shall have the right to instruct the resident to repair the structures to an acceptable condition or to have the structure removed.

(g) Wendy Houses may not be used as living quarters

14. Tenants may not do anything to the unit without the owner’s written consent.

15. Residents shall replace any broken window pane within three working days.

16. Carports must be maintained by the owner and the owner must ensure that the carport is included under the Body Corporate’s insurance. Failure to comply may result in the carport being dismantled.

17. Fire retardant service to be done on all lapa's every 5 years. A copy of the Certificate of Compliance must be submitted to the trustees and/or managing agent. (18) All lapa's to have a portable 4.5kg fire extinguisher in case of a fire.

7. STORAGE OF INFLAMMABLE MATERIAL AND OTHER DANGEROUS ACTS

1. A resident shall not store any material, flammable or inflammable, or do or permit or allow to be done, any other dangerous act in the section or on the common property which will or may increase the rate of the premium payable by the MBC on any insurance policy or put any part of the Complex and its residents at risk. Residents will 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. The conditions of sub-rule (1) do not apply to the storage of fuel or gas in the fuel tank of a vehicle, boat, generator or engine; or a fuel tank or gas cylinder kept for domestic purposes.

3. All braais or barbeques shall be confined to the patio, balcony or exclusive use garden of a section.

4. Residents shall ensure that the smoke from any source does not cause a nuisance to other residents, that it is not a safety hazard and that all fires and cigarettes etc. are correctly extinguished when finished.

5. All gas appliances, including portable heaters and braais must be SABS approved and be in compliance with the bylaws. A certificate of compliance may be requested by the Trustee Board.

6. No firearms, pellet guns, air guns, paint ball guns and any other weapon or weapon like toy, catapults or bows and arrows may be discharged in the Complex, except under such circumstances, which would reasonably justify the use of a firearm for self-defence and related purposes. No residents, family, visitors or service providers may openly display firearms on their person or otherwise anywhere on the Complex.

7. Inflammable or other dangerous material or articles may not be brought onto the common property or elsewhere on the Complex except in such limited quantities as are allowed under the MBC insurance policy.

8. No fireworks or explosives of any kind are allowed to be set off within the Complex as per the municipal by-laws.

9. 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.

8. RESIDENT BEHAVIOUR

1. No noise that is excessive, in the discretion of the Trustee Board, may be created at any time in a section or on the common property.

2. Silence must be maintained from— (a) Sunday to Thursday between the hours of 21h00 and 08h00; (b) Friday and Saturday between the hours of 00h00 and 09h00 Any resident not complying with this rule and having been requested verbally or in writing by the Trustee Board to rectify such contravention immediately may be sanctioned and penalized without further warning.

3. All television, radio, and other appliances emitting sound, including musical instruments, must be kept at audio levels which are reasonable in the discretion of the Trustee Board.

4. All vehicles must be maintained and driven in such a manner as not to exceed the bylaws permissible for noise levels, or so as to disturb residents. No hooting, revving, skidding or screeching of tyres shall be permitted on the common property. No loud music may emanate from any vehicle on the premises.

5. No explosives, crackers, fireworks or items of similar nature may at any time be exploded, lit or operated in section or any part of the common property.

6. No firearms may be discharged in a section or any part of the common property, except under such circumstances, which would reasonable justify the use of a firearm for self-defence and related purposes.

7. The use of power tools, hammering and other noise generating equipment shall not be permitted before 09h00 and after 19h00 on any day. Emergency work that cannot be performed during the above hours, including emergency plumbing and electrical work is allowed outside of these times, subject to MBC approval.

8. All building alterations or other activities that create a noise may only take place between the hours of 08h00 and 17h00, Monday to Friday and not over weekends or public holidays. All building noise must be kept to a minimum so as not to inconvenience other residents.

9. No owner, lessee or occupant may permit anything to be done in his or her section, exclusive area or on the common property, which constitutes a nuisance or an unreasonable invasion of the privacy of the other residents of the buildings, or permit or cause any disturbance or allow his or her children or visitors of their children to cause any disturbance which in the opinion of the Trustee Board would constitute a nuisance or an invasion of the right of privacy of other residents.

10. If a resident wants to host a private function in their unit, all their neighbours must be informed by the resident in person. Private functions are to be limited to a size and noise level having due regard to neighbouring residents and the size of the section where the function is to be held. The Trustee Board have a right to review arrangements for functions, including but not limited to limiting the number of guests, parking arrangements, timings etc.

11. The Trustee Board may issue direct and specific directives regarding noise, nuisance and disturbance aimed at problematic persons who continuously show disregard for the rights of residents and Members. Such directives will be binding in nature with immediate effect

9. ERADICATION OF PESTS

1. The resident of a section must keep the section free all garden or household pests, including white ants, borer and other wood destroying insects, flies and mosquitoes and shall permit the Trustee Board and their duly authorized agents or employees, to enter their unit from time to time, for the purpose of inspecting the section and taking such action for the eradicating of any such pests as may be found within the unit.

2. Replacement of any woodwork or other material forming part of the internal section which may be damaged by any such pests, and the cost of eradication of pests shall be borne by the owner of the section unless the Trustee Board are satisfied that such damage originated from the common property

10. OCCUPANCY, LETTING AND RELATED MATTERS

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. Owners shall ensure that their Agents comply with the provisions of these Conduct Rules, failing which a fine will be imposed.

7. 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.

8. Garages and Wendy Houses may not be used as living quarters.

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.

12. SUPERVISION OF CHILDREN

1. Residents shall properly supervise their children, their children’s friends and children of their visitors so that no provision of these Conduct Rules is infringed, that no nuisance is caused to any resident, and that no damage is caused to the property of any resident or to the common property or any section. The resident is liable for the costs of any damage caused.

2. Residents must supervise and control their children and their visitor’s children in order to avoid damage to the common property and inconvenience to other residents. In particular, children must not tamper with plants, fixtures and fittings, climb on walls or play with the taps on the common property.

3. Parents will, at all times be held responsible for the acts of their children and their visitors’ children. An adult must accompany children under the age of 12 at all times.

13. EMPLOYEES AND CONTRACTORS

1. No person shall request the MBC employees to perform any tasks for them during their work hours and shall not otherwise interfere with any employee in the performance of his work.

2. Residents shall not request any employee of any service provider to perform work on their behalf that is outside of the scope of their contracted duties during working hours without the approval of their employer. Employment of any service providers staff outside working hours shall be a private arrangement at the resident’s risk and cost.

3. Resident employees and workers

(a) Residents are responsible to ensure that their domestic employees, contracted domestics, or other workers—

(i) do not misuse the intercom system.

(ii) are not provided with an access device for the Complex gates. Residents may provide employees with a pin code to access and egress the complex.

4. Contractors shall—

(a) abide by the Health and Safety Act and shall appoint a Health and Safety Consultant where relevant, for the duration of the activity.

(b) fulfil all work permit requirements.

(c) provide proof of Comprehensive or Commercial General Liability Insurance, Workers’ Compensation Insurance and Public Liability Insurance prior to commencement of work.

(d) be liable for any damage caused to common property.

(e) indemnify MBC of any liability resulting from public injury or illness, as well as against incidents or accidents resulting from their activities as well as caused by vehicles using public roadways.

5. The resident is responsible to ensure that all employees and Contractors understand and abide by these Conduct Rules and respect the authority of the Trustee Board in enforcing these Conduct Rules.

14. LIABILITY, SAFETY AND RISK

1. The MBC and Security shall not be liable or responsible—

(a) for any loss from damage done to any property related to theft or any other criminal activity.

(b) for any theft or damage to vehicles or theft from vehicles on the premises.

(c) for any direct or indirect physical injury

(d) for the receipt or non-receipt and delivery or non-delivery of goods, postal matter or any other property.

(e) for the insurance of the contents of any section, which shall at all times be the sole responsibility of the resident.

2. A resident shall not do or permit to be done in his Section or on the Common Property anything—

(a) which will or may increase the rate or premium payable by the MBC on any Insurance policy

(b) which will void any such Insurance policy

(c) that may cause or create a danger to other residents or any of the property.

3. A resident shall not bring onto the premises or building any hazardous substances and/or any form of machinery whatsoever without the prior written consent of the Trustee Board.

4. The Trustee Board shall have the right to collect any increased insurance premium payable from the owner of a section should the Trustee Board issue an authority in terms of sub-rule (2).

5. All persons on the common property or using any of its facilities or services are there and do so entirely at their own risk, and no person shall have any claim against the MBC of whatsoever nature arising neither from such use, nor for anything which may befall any person during the course of such use, whether caused by human, natural phenomena or otherwise.

6. The MBC shall not be liable for any injury, loss or damage of any description that any person may sustain, physically or to his or her property directly or indirectly, in or about the common property, its amenities or in the individual sections nor for any act done or for any neglect on the part of the MBC or any of the MBC employees, agents or contractors.

7. All vehicles entering the Complex are driven and parked entirely at the vehicle owner or drivers risk. The resident indemnifies the MBC against any accident, loss or damage caused or sustained by the MBC, any resident, their pets, family, friends, employees, contractors and visitors by a vehicle belonging to a resident, their visitors, contractors and employees.

8. Firefighting equipment may not be used for any purpose except in the case of a fire. Any person found tampering with or breaking the seals on any of the fire hoses or fire hydrants or causes any consequential damage to the fire hoses / fire hydrants will be liable for all costs to have them resealed and/or repaired. A penalty may be issued against the resident in question

9. If a Resident or any invitee of a Resident causes damage to the Common Property, the Resident shall be liable to the MBC for the damage caused and for the costs of repairs.

15. SLAUGHTERING

1. Ritual slaughtering in accordance with certain religious or cultural beliefs, and the killing of any animals, and the drying of any part of an animal in the open is not allowed anywhere in the Complex under any circumstance without the consent of the Trustee Board.

2. A written request to slaughter an animal must be submitted to Trustee Board in at least 7 (Seven) days prior to the ritual and must contain the following information—

(a) Unit number and name of Resident/ Owner; and

(b) Type of animal and number to be slaughtered; and

(c) Date and time of proposed slaughter; and

(d) The time period during which slaughter will take place. A maximum time limit of four hours during the day for the slaughter of an animal will be allowed; and

(e) The proposed processing and removal of the carcass after the slaughtering.

3. The animal to be slaughtered may only be kept on the Residents section or exclusive area on the day of slaughter and may not be transported into the Complex before the proposed day of slaughter.

4. All neighbours will be informed in writing by the Resident concerned three (3) days in advance of the proposed slaughter once permission has been granted by the Trustee Board.

5. The slaughter must take place within the limitations of the ritual/ religious practice, the requirements and procedures of the by-laws of the Local Council and with due consideration for fellow Residents and Owners, and must be conducted as follows:

(a) The livestock/ fowl must be kept in humane conditions prior to slaughter; and

(b) Shielded from view from anyone not specifically present for observance of the slaughter; and

(c) Conducted in the most humane way possible within the limitations of the cultural ritual or religion.

6. The carcass must be utilised as required by the Resident but must be either removed from the premises or processed in such a manner so that no smell emanates from the section.

7. No evidence of the slaughter must be viewable from the common property or from neighbouring units.

8. Livestock found in the Complex without permission will be removed by the SPCA or MBC and the Resident of the Section will be liable for the costs incurred for such removal.

16. WRITTEN NOTICES

1. A notice in terms of these Conduct Rules must be in such format as the Trustee Board may from time to time prescribe, which include but not limited to written, printed or electronic matter that provides information or evidence or that serves as an official record, and that binds the MBC.

2. A notice will be regarded as having been properly delivered, if—

(a) delivered to the Resident by hand, in which event it shall be regarded as having been received on the date of delivery, or;

(b) delivered by registered post to the Resident to his domicile citadel et executandi, in which event it shall be regarded as having been received on the 4th day after the date of posting, or;

(c) delivered by fax, SMS or e-mail to the Resident, in which event it shall be regarded as having been received on the date of transmittal.

17. CHANGE OF OWNERSHIP

1. The Owner shall notify the Trustee Board of any change of ownership of the Section.

2. No property may be transferred without a valid clearance certificate issued by the MBC

3. The MBC shall refuse the issue of a clearance certificate upon the transfer of a Section unless all levies, penalties, special levies due and payable in respect of such Section have been paid up to the date reflected in such clearance certificate.

4. Should the Owner be—

(a) a company, it shall notify the MBC of any change of its directors, or shareholders, 14 (fourteen) days prior to any such intended change.

(b) a close corporation, it shall notify the MBC of any change of its members 14 (fourteen) days prior to any such intended change.

(c) a trust, it shall notify the MBC of any change of its directors, 14 (fourteen) days prior to such intended change. In the instances of sub-rule (4)(a) to (c) a clearance certificate must also be issued.

18. COMPLAINTS AND SUGGESTIONS

1. All complaints and disputes must be completed on the Complaint form (Annexure ??) and submitted to the Trustee Board. A sincere endeavour will be made to resolve such complaints amicably as long as such complaints are valid and reasonable and not wilfully malicious or unreasonable and the rights of other residents are not infringed.

2. The MBC is not responsible for resolving disputes between residents unless it impacts on other residents or the MBC. If a dispute cannot be resolved, the dispute may be referred for a dispute resolution, to the Chief Ombud.

3. Any requests and suggestions must be submitted in writing (by email or letter) and be addressed to the Trustee Board.

19. CONTRAVENTION AND PENALTIES

(ANNEXURE A – SCHEDULE OF PENALTY LEVIES)

1. If the conduct of a resident, their employee/s or their visitor/s constitute/s a nuisance in the opinion of the Trustee Board or contravene/s a provision of the STA, STSMA, the Management Rules or these Conduct Rules, the Trustee Board shall be entitled, without prejudice to the other rights or remedies which the MBC may have in law, or in terms of the STA or the STSMA, any other act, the Management Rules or these Conduct Rules, including to claim compensation for damages, to—

(a) enter the section, exclusive use area and/or the common property to take such action as may be reasonably required to remedy the contravention and hold the Resident of the Section liable for the costs incurred in this regard; and/or

(b) bring a court application for a suitable order; and/or

(c) institute arbitration proceedings; and/or

(d) apply to the applicable Chief Ombud for a suitable order; and/or

(e) institute mediation proceedings or expert intervention; and/or

(f) impose a penalty on the Resident.

2. For contraventions referred to in sub-rule (1) or on receipt of written complaint, the following process shall be followed—

(a) on receipt of the first written complaint, or upon becoming aware of a contravention, the MBC will, through the Trustee Board, firstly endeavour to confirm that the contravention occurred and then try to remedy the situation either verbally in a meeting or on the phone with the resident and/or may issue a notice of contravention and record of their discussion. Copies may be sent to the resident and rental agent. The Trustee Board, owners and residents agree to try to resolve all breaches of the conduct rules in an amicable manner where possible.

(b) on receipt of the second written complaint or upon becoming aware of a recurring contravention, the MBC will through the Trustee Board confirm the contravention occurred, and either or both;

(i) require the resident (and the owner if the property is let to a resident, and any appointed letting agent) to attend a meeting with the Trustee Board within 7 (seven) days of being notified of this requirement, and/or

(ii) forward a written warning to the resident (and the owner if the property is let to a resident, and to any appointed letting agent) requiring them to remedy the situation within a reasonable given period.

(c) should the resident still not remedy the situation, or on receipt of further written complaints, the MBC will, as determined by the Trustee Board if they are satisfied that the contravention occurred—

(i) forward a final warning to the resident (and the owner if the property is let to a resident, and any appointed letting agent) to comply with these conduct rules or STA within a given period of time, and/or

(ii) issue a notice of a penalty which notice shall state the reasons for the imposition of the penalty, or restrictions on use of certain common property, or withdrawal of, or changes to the level of selected services provided by the MBC, or withdrawal of permission to have pets in the Complex, or undertake any work or repairs required, and

(iii) Recover from the resident all costs incurred in relation to the correction of the contravention.

3. Should the resident or owner not resolve the matter to the satisfaction of the Trustee Board, the Trustee Board have the right at any time to declare a dispute and request arbitration in terms of the Act, or to take legal action, including consulting with attorneys, the costs of all of which will be for the owners account.

4. Failure to apply these or any other penalties, in any instance shall at no time infer that the contravention is acceptable, and the MBC may at any time impose these penalties in future.

5. The penalty imposed under sub-rule (1)(c) above, shall become due on the date of the written notice and must be paid within 30 (thirty) days of the date of the written notice. Should the penalty remain unpaid it may be added to the Owner’s levy statement and may be recovered from the Owner of the Section in the same manner as applies to arrear levies, together with interest at the rate applicable to arrear levies.

6. The Trustee Board shall from time to time determine the categories of contraventions and the amounts of the penalties in respect of the various contraventions and in respect of first and successive contraventions, subject to any directions given or restrictions imposed by the members on the Trustee Board at a GM.

7. If the Trustee Board instruct a firm of attorneys or appoint an arbitrator in terms of in connection with or arising out of an infringement of any rule by a resident, the resident shall be liable to reimburse the MBC on demand for all costs incurred in respect thereof.

8. The extent of any penalty shall be at the discretion of the Trustee Board but shall be appropriate and fair, taking into consideration the time and effort required to address the contravention, and shall be no more than the average monthly levy of all units in the Complex, for every written warning given. The nature and duration of any other restrictions etc. will be at the discretion of the Trustee Board.

9. A Resident may within 30 (thirty) days of the date of the written notice in terms of sub-rule (1)(c), submit an objection, with a motivation, against the penalty imposed, to the Trustee Board.

10. Upon receipt of the objection, the Trustee Board may—

(a) withdraw or reduce the penalty; or

(b) schedule a Trustees’ meeting (hearing) for the purpose of considering the objection and invite the Resident to attend the meeting, and/or to be represented at the meeting.

11. At the Trustees’ meeting (hearing) referred to in sub-rule (6)(b) above, the Resident and/or his representative shall have the right to—

(a) present his case;

(b) present any evidence, including the calling of witnesses, to substantiate his case;

(c) cross-examine any person called as witness in support of the charge;

(d) have access to documents produced in evidence; and

(e) produce mitigating factors.

12. The failure of the Resident charged or his representative to attend the Trustees’ meeting referred to in sub-rule (10)(b) shall not render the proceedings at the meeting void. Should the Resident or his representative not attend the Trustees’ meeting without providing a reasonable request for postponement, the Trustee Board may, in their sole discretion, continue with the Trustees’ meeting and consider the objection in the absence of the Resident.

13. Upon the conclusion of the Trustees’ meeting, the Trustee Board shall deliberate the evidence and if so resolved, they may— (a) uphold the penalty; or (b) withdraw or reduce the penalty.

14. Should the Resident not agree with the decision of the Trustee Board in terms of sub-rule (13) the Resident may request, without prejudice of the other rights or remedies which may be available in terms of the Act or these Conduct Rules or in law that the Trustee Board refer the matter to a general meeting of the members for their decision, without prejudice to any other rights or remedies, which the Resident may have in law, or in terms of the Act or the management rules, and/or that the matter be referred for arbitration proceedings.

20. PAYMENTS OF LEVIES AND CONTRAVENTIONS

1. Payment in full of any levy and services account raised in terms of the Sectional Titles Act must be received by the MBC by the 1st (and no later than the 7th) of each and every month.

2. Interest is payable on overdue accounts at such rate as decided upon from time to time at the Annual General Meeting of the scheme; provided that the interest rate must not exceed the maximum rate of interest payable per annum under the National Credit Act (No 34 of 2005), compounded monthly in arrears.

3. Should any residents experience any discrepancy with regards to monies indicated on their levy statement, they must within 7 (seven) days of the applicable month, provide a written explanation of the discrepancy to the Trustee Board.

4. Any residents, who pay their levy by way of depositing such payments into the MBC’s bank account, and such levies are not reflected on their levy statement the following month, must confirm such payments by means of providing a copy of the deposit slip as proof of payment to the Trustee Board.

5. Residents failing to pay their MBC account in time may at the discretion of the Trustee Board be handed over to the MBC attorney.

6. A resident shall be liable for and pay the additional administration charges for any contravention/s of these Conduct Rules contravened by the resident or the cost to clean or reinstate the common property.

7. No resident shall be entitled for any reason whatsoever to withhold any monies to the MBC.

8. Where any resident is more than 2 (two) months in arrear with their levy or other charges, the Trustee Board may discontinue or limit any of the services provided by the MBC to a section, other than the statuary required services. The resident shall be given 7 (seven) days’ notice which shall be delivered to the resident by electronic mail or message, or post or a copy delivered to the unit which is their domicilium.

9. A resident shall be liable for all legal costs, including costs as between attorney and client, collection commission per the Debt Collectors Act, expenses and charges incurred by the MBC in recovering arrear levies, or in enforcing compliance with these Conduct Rules. Such legal fees, once taxed or agreed upon, shall be regarded as a levy and may be added to the relevant resident’s levy account.