Rules & Regulations

THE SUTTON PLACE BODY CORPORATE CONDUCT RULES

PRELIMINARY

1.         The rules contained in this schedule shall not be added to, amended or repealed except by special resolution of the members of the Body Corporate in accordance with the Act.

INTERPRETATION

2.         In the interpretation of these rules, unless the context otherwise indicated

                        (a)        “Act” means the Sectional Titles Act No. 95 of 1986, as amended from time to time and any regulations made in force thereunder.

                        (b)       the words used shall bear the meanings assigned to them in the Act.

                        (c)        words importing –

                                                            (i)        the singular number only shall include the plural, and the converse shall also apply;

                                    (ii)       gender, are interchangeable.

                        (d)       “Trustee” includes an alternative trustee.

                        (e)        “the Buildings” shall mean the buildings to which these rules apply.

                        (f)        the headings to the respective rules are provided for convenience of reference only and are not to be taken into account in the interpretation of the rules.

                        (g)       “owner” shall be deemed to include the tenant/occupier from time to time.

MOTOR VEHICLES, USE OF DRIVEWAYS AND PARKING AREAS

3.         3.1       Owners or occupiers of sections shall observe and shall ensure that their visitors and guests –

                                    (a)        observe any road signs on the common property; do not drive their vehicles within the common property in any manner which creates a nuisance or is considered by the trustees not to be in the interest of safety;  and

                                    (b)       do not allow any unlicensed person to drive any vehicle within the common property.

                        3.2       Hooters shall not be sounded within the common property other than in emergencies.

                        3.3       Vehicles may be parked only on such areas of the common property as are specifically indicated or approved by the body corporate for that purpose and in such a way that the flow of traffic and access to and ingress from garages or parking bays is not obstructed.  One vehicle may not occupy two parking bays.

                        3.4       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 may not be parked on the common property other than for such short periods as may be approved by the trustees, and with their prior written consent.

                        3.5       No trucks, caravans, trailers, boats or other heavy vehicles may be parked on the common property without the prior written consent of the trustees.

                        3.6       No person may wash, dismantle or effect major repairs to any vehicle on any portion of the common property, or an exclusive area or in a unit. Vehicles may however be washed in parking bays which are designated Private Use Areas and allocated to the owner of the respective units.

                        3.7       Trustees may cause to be removed or towed away, at the risk and expense of the owner of the vehicle, any vehicle parked, standing or abandoned in the common property in contravention of these rules.

3.8       An owner or occupier of a section shall ensure that an exclusive use area for parking purposes is not used by him, his visitors or his guests unless that owner or occupier is entitled to use such exclusive use area.

                        3.9       Parking of vehicles upon the common property is subject to the express condition that every vehicle is parked at the owner’s risk and responsibility and that no liability shall attach to the body corporate or its Agents or any of their employees for any loss or damage of whatever nature which the owner or any person claiming through or under him, may suffer in consequence of his vehicle having been parked on the common property.

                        3.10     No owner or occupier shall be permitted to park vehicles in any parking bay which will distract from the general aesthetics of the common property.

                        3.11     Any unauthorised / illegal parking will result in a wheel clamp being affixed to the vehicle and a release fee of R250.00 being payable to the body corporate by whichever means the trustees, at their sole discretion, shall instruct; provided that the aforementioned release fee shall increase by R 100.00 per day that the vehicle is parked in contravention of these Rules. The amounts specified herein may be amended, from time to time, by the owners in general meeting by an ordinary majority vote and shall be valid and enforceable as of date of such approval.

3.12     No owner or occupier of a section may park in the designated visitors’ parking area. No visitor may park in the designated visitors’ parking area for longer than 30 hours per week. Owners may apply in writing to the Trustees for permission for a visitor to park for a longer period. Such consent may not be unreasonably withheld. Loading bays may be used for a maximum of 30 minutes unless permission for a longer period has been granted by the Trustees. No vehicles will be allowed to enter the Upper Visitors Parking Area between 00h00 and 06h00 Monday to Sunday.

REFUSE DISPOSAL

4.         An owner or occupier of a section shall:

                        4.1       maintain in a hygienic and dry condition, a receptacle for refuse within his section, or on such part of the common property as may be authorised by the trustees in writing;

                        4.2       ensure that before refuse is placed in such receptacle, it is securely wrapped, or in the case of tins or other containers, completely drained;

                        4.3       for the purpose of having the refuse collected, place such receptacle within the area and at the time designated by the trustees in writing;

                        4.4       when the refuse has been collected, promptly return such receptacle to his section or other area referred to in rule 5.1.

                        4.5       no refuse may be placed outside the door of a section or in any other area of the common property except such area designated for refuse.

NOISE/ANTI-SOCIAL BEHAVIOUR

5.         In the interests of proper decorum the Trustees have formulated the following guidelines with regard to “Anti-Social Behaviour”.

                        5.1       No occupant shall make an excessive amount of noise such that his neighbours shall have cause for complaint outside of reasonable hours.

                        5.2       All owners and occupants of sections shall ensure that their respective activities in and use of the common property and of the section or any part thereof with all services, facilities and amenities available on the common property shall at all times be conducted and carried out with reasonable and diligent care and with due and proper consideration for the remaining owners and occupants of the building and in accordance with the rules and any house rules made in terms of these rules, and of the provisions of the Act.  This rule shall likewise apply to guests and servants of owners and/or occupants of sections while they are in the buildings and/or the common property.

                        5.3      An owner shall not cause or permit any disorderly conduct of whatsoever nature upon the section or any part of the common property or do or permit any act, matter or thing in or about the same which shall constitute or cause a nuisance or disturbance or any inconvenience to any other owner or occupant of the buildings or member of the Body Corporate, in the quiet enjoyment of their own premises or which is likely to or in any way tend to affect detrimentally the benefit, enjoyment, rights of occupation or the interest of any other owner or occupant of the buildings or member of the body corporate.

                        5.4       The use of radio, television sets, sound equipment, recording equipment and the like or the playing of musical instruments to the extent that others are disturbed is prohibited.

                        5.5       All complaints with regard to the behaviour of any Lessee, visitor, guest or servant shall be directed by the trustees to the owner of that section.  Any penalties incurred shall be the responsibility of the owner of that section.

                        5.6       “Reasonable Hours” is defined as hours when “a Considerate occupant” may justifiably conduct his normal business.

GARDENING

6.         6.1       No plant or flower may be picked from nor any damage caused to the garden areas on the common property which are for garden purposes and the natural flora and fauna (if applicable) shall not be destroyed, removed or damaged in any way without the prior written consent of the trustees.

                        6.2       An owner or occupier of a section shall maintain and keep a private garden neat at all times.

                        6.3       An owner or occupier of a section shall not cause garden tools or any other equipment to be kept in any place where they will be visible from any other units or any portion of the common property.

RECREATION AREAS

7.         7.1       The swimming pool is primarily for use by owners or occupiers of sections but it may be used by their visitors or guests provided that they are accompanied by an owner or occupier and that they comply with  these rules.  Owners or occupiers are responsible for the behaviour of  their visitors or guests and shall ensure that their number at any one time is not such so as to prejudice the comfort, enjoyment or  convenience of other owners or occupiers wishing to make use of the same.

7.2       All equipment is the property of the body corporate being entrusted to the employees and trustees.  No owner or occupier of a section or his visitor shall cause to be removed or damage to the same, etc.

7.3       Radios, compact disc players, tape recorders and the like, unless used only with earphones, and musical instruments are not permitted to be played within the pool area.

7.4       Rowdy and boisterous behaviour and excessive noise are not permitted. Ball games are not permitted inside the pool area. Quiet shall be specially observed between 14h00 and 16h00 daily and between 20h00 and 08h00.

The trustees reserve the right to prohibit any owner, occupier or their visitor from utilising the above should the same be of the opinion that their conduct constitutes a breach of the rules.

                        7.5       No animal shall be permitted in the above areas.

                        7.6       The pool gate shall be kept closed at all times.

                        7.7       The body corporate, the trustees, the managing agent or any other employee of the body corporate shall not be liable to any extent whatsoever for the safety of anyone in the above area.  Non-swimmers and children under 14 years of age must be accompanied by a person who is able to accept responsibility for them.

ANIMALS

8.                     No animals, reptiles or pets shall be kept or harboured in the development unless the same in each instance be expressly permitted in writing by the trustees.  In no event shall animals be permitted in any of the public portions on the development or any other part of the common property unless controlled on a leash.  In the event of any owner or occupant in accordance with the provisions hereof keeping or harbouring any animal or other pet on the premises, such person shall not allow such animal or other pet to foul the any part of the common property or otherwise cause a nuisance.  The trustees shall have the right to require any such animal or other pet to be removed permanently from the development where this rule in the absolute discretion of the trustees, is not observed.

                        Owners of dogs are to immediately remove their dogs faeces. Owners of dogs are to ensure that their dogs do not urinate against the buildings or vehicle tyres.

DOMESTIC EMPLOYEES

9.         An owner or occupier of a section shall:-

                        9.1       be responsible for the activities and conduct of his domestic employees and shall ensure that his domestic employees understand and that they do not breach any rules, law or any local authority by-law which may affect the scheme;

                        9.2       ensure that their domestic employees and their visitors or guests do not loiter on the common property;  and

                        9.3       ensure that their domestic employees and their visitors or guests do not cause undue noise within their sections or on the common property or elsewhere.

                        9.4       No owner or occupier of a section may request personal duties to be performed by any member of staff employed by the body corporate.

APPEARANCE FROM OUTSIDE

10.       10.1     The owner or occupier 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 Body Corporate, is aesthetically displeasing or undesirable when viewed from the outside of the section.

                        10.2     The owner or occupier of a section shall not erect any tent or other structure or alter or remove any shrub, tree or plant in the garden or elsewhere in the grounds.

SIGNS AND NOTICES

11.       11.1     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 first having been obtained.

                        11.2     Notwithstanding Rule 14.1 the erection of security signs are permitted provided such signs are either placed inside a window or immediately adjacent to the section’s front door.

LITTERING

12.       An owner or occupier of a section shall not deposit, throw, or permit or allow to be deposited or thrown on the common property any rubbish, including dirt, cigarette butts, food scraps or any other litter whatsoever.

STORAGE OF INFLAMMATORY MATERIAL AND OTHER DANGEROUS ACTS

13.       An owner or occupier of a section shall not store any material, or do or permit or allow to be done, any other dangerous act in the building or on the common property which will or may increase the rate of the premium payable by the body corporate on any insurance policy.

LETTING OF UNITS

14.       14.1     The owner of a section shall be obliged to ensure that any tenant of this section or other person granted rights of occupancy by him is obliged to comply with these conduct rules a copy of which shall be handed to such tenant, notwithstanding any provision to the contrary contained in any lease or any grant of right of occupancy.

                        14.2     An owner of a section shall be obliged to notify the trustees in writing within 14 days of the date of conclusion of a lease of his unit of the full names of his tenant and of the period of the lease and confirm that the tenant has been handed a copy of these Rules.

ERADICATION OF PESTS

15.       An owner or occupier of a section shall keep his section free of white ants, borer and other wood destroying insects and to this end shall permit the trustees, the managing agents, and their duly authorised agents or employees, to enter his section from time to time for the purpose of inspecting the section and taking such action as may be reasonably necessary to eradicate any such pests.  The costs of the inspection, eradication of any such pests as may be found within the section, and replacement of any woodwork or other material forming part of such section which may have been damaged by any such pests shall be borne by the owner or occupier of the section concerned.

HOUSE RULES

16.       The trustees are authorised, if necessary, to institute House Rules for the efficient control of the complex and these House Rules can be added to or amended by the trustees from time to time.

GENERAL

17.       17.1     The body corporate or its 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 family, his employee or servant or his relative, friend, acquaintance, visitor, invitee or guest may sustain, physically or to his or their property directly or indirectly, in or about 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 employees, agents or contractors.

                        17.2     The body corporate or its agents’ representatives and domestic employees shall not be liable or responsible in any manner whatsoever for the receipt or the non-receipt and delivery or non-delivery of goods, postal matter or any other property.

                        17.3     No business or trade may be conducted on the common property or in the sections save with the written consent of the trustees.

                        17.4     No auctions or jumble sales may be held on the common property or in the sections.

                        17.5     No firearms or pellet guns may be discharged on the common property.

                        17.6     No stones or solid objects may be thrown or propelled on the common property.

GATE

18.       Any person found tampering with the gate will have criminal as well as civil charges brought about against them.

SECURITY PERSONNEL

19.       The Security Personnel will receive their instructions only from the Managing Agent or Trustees.  No other person may give instructions.  No person shall display rude or aggressive behaviour to the security personnel.

            The directions given by the Security Personnel are to be followed by all persons.

OTHER EMPLOYEES

20.       Any other employee of SUTTON PLACE BODY CORPORATE (includes Garden Services, Caretaker, Cleaner, etc) will receive their instructions only from the managing agent or trustees.

            No other person may give instructions. No person may display rude or aggressive behaviour to such employees.

NUMBER OF OCCUPANTS

21.       A section shall only be occupied by a limited number of persons as approved by the trustees.  To this effect the total number of occupants per section may not exceed the sum of “2 occupants per bedroom”.  (“Bedroom” as defined in the sections AGREEMENT OF SALE and DEED OF TRANSFER documents).

COMMON AREAS

22.       Owners or occupiers shall not leave items of any description over any portion of the common property (eg braais, windsurfers etc).

ADMINISTRATIVE CHARGES / PENALTY FOR BREACH OF RULES

            23.       23.1     In the event of a serious and/or continuing breach of the conduct rules or any other provisions of the Sectional Titles Act by an owner; resident and/or their respective guests, the trustees may, at their sole discretion, impose a fine upon the owner of the property concerned. Such fines are to be collected by the trustees, or the duly appointed managing agent, via the owner’s levy account. This action may continue for each month that the rules continue to be breached.

                        23.2     The maximum amount of the fine as provided for in sub-rule 23.1 above is, subject to the frequency and severity of the offence, R 500.00 as of date of filing of these rules at the Deeds Office. This amount may be amended, from time to time, by the owners in general meeting by an ordinary majority vote and shall be valid and enforceable as of date of such approval.

EXTERIOR OF BUILDINGS

24.       24.1     Subject to rule 13, alterations, additions or decorations to the exterior of the sections or to any portion of the common property may not be made without the prior written consent of the trustees and then only upon the terms and conditions contained in such consent.

• No radio/television aerials may be attached to the exterior of the buildings without prior written consent of the trustees.

                        24.3     Requests for consent in terms of Rules 10.1 or 10.2 shall be made in writing to the trustees and shall be accompanied by plans and specifications showing the nature, kind, shape, height, material, colour and location of the proposed alteration, addition or decoration.

                        24.4     An owner or occupier of a section shall be obliged to maintain all alterations additions or decorations made by him to the exterior of his section in a state of good order and repair and to take all reasonable steps to keep them in a clean, hygienic, neat and attractive condition.

                        24.5     If an owner or occupier of a section fails to comply with the provisions of Rule 25.4 and such failure persists for a period of 30 days after written notice to repair or maintain given by the trustees or the managing agents, the body corporate shall be entitled to remedy the failure in question in such manner as it deems fit and to recover the cost of so doing from such owner or occupier.

                        24.6     Notwithstanding any approval granted by the trustees, no alteration, addition or decoration to the exterior of a section may be undertaken until any permit or approval required from any authority has been obtained.  It is the duty and responsibility of the owner or occupiers of the section concerned to obtain any such necessary permit or approval.

                        24.7     Should any alteration, addition or decoration obstruct any employee or contractor of the body corporate in performing any work on the common property or common services the owner or occupier concerned shall be liable for any additional costs incurred by the body corporate in the performance of such work.

INTERIOR OF SECTIONS

25.       25.1     Any structural alterations, which serve more than one section and/or common property, including any alterations to plumbing and electrical installations to the interior of units may not be carried out without the prior written consent of the trustees after approval has been obtained by the owner or occupier of the section from the municipal authorities.

                        25.2     Any interior alterations should be carried out at reasonable hours and shall not cause any undue disturbance to owners or occupiers of neighbouring sections.  An owner or occupier of a section shall not however, be entitled to interfere with electrical installations and plug points.

                        25.3     Interior repairs and maintenance of a section of whatever nature are the responsibility of the owner or occupier of that section and neither the superintendent, if any, nor the managing agents, nor any employee of the body corporate are liable or may be requested to attend to such matters.

ALTERATIONS AND RENOVATIONS

26.       26.1     The conditions set out herein are made in the interests of all who have invested and/or live in SUTTON PLACE.  Owners who wish to carry out any alterations or renovations must appreciate that their proposed activities may affect others in the building and it is most important firstly that any detrimental impact is kept to an absolute minimum and secondly that, once started the work is completed expeditiously within the work period applied for.

                        It is the function of the Managing Agents/Trustees to ensure that all applicant/owners act “within reasonable and diligent care and with due and proper consideration for the remaining owners and occupants of the Building”.

                        These conditions have been framed accordingly – it is the duty of the Managing Agents and Trustees to see that they are adhered to.

                                    The following broad definitions will apply:

                                    (a)        Alterations shall mean any work involving structural alterations or additions to a section or unit including the removal, creation or modification of a wall or any structural part of the building and shall include any alterations, modifications or decorative work which effects the exterior appearance of a section or unit.

                                    (b)       Renovations shall mean any internal redecoration or refurbishment of the existing exterior of a unit or section including the replacement removal or creation of internal fittings such as kitchen and other cupboards, sanitary ware, floor coverings, etc.

                        The Managing Agents/Trustees will be the sole and final judge as to whether the work proposed constitutes “Alterations” or “Renovations” as referred to herein.

                        26.2     The procedure for obtaining approval is as follows:

                                                           (i) Alterations:              Where alterations as defined above are involved:

• This application with a sketch plan of the proposed alterations must be submitted to the Managing Agents/Trustees for agreement in principle to be obtained.

• After approval in principle by the Managing Agents/Trustees, it is the responsibility of the owner to see that, if necessary, professionally prepared plans (which may not deviate from the sketch plan) are duly approved by the City of Cape Town Municipality.

                                    (c)        A copy of the plans as approved by the City of Cape Town Municipality must be submitted to the Managing Agents/Trustees alternatively the Managing Agents/Trustees must be supplied with evidence satisfactory to them that Council approval is not required.

                        (d)       If the Managing Agents/Trustees consider it necessary they shall be entitled at the cost of the applicant to seek the advice of an architect (or other professional assistance) as to the acceptability of the proposals.

                                                            (ii) Renovations:         Where only renovations as defined above are proposed this application should be submitted to the Managing Agents/Trustees.

(a)        Confirmation that the work may proceed will be conveyed to the applicant by the Managing Agents/Trustees with whom a date for the commencement of the work shall be arranged.  The managing Agents/Trustees will also supply information as to access by contractor’s workmen and the maintenance of security within the building (a most important requirement).

                                    (b)       No work may be started until approval has been conveyed by the Managing Agents/Trustees as above and the deposit mentioned below has been paid to the Managing Agents.

• The owner accepts responsibility for any damage caused by him or his contractors to common property or to other units in the block and indemnifies other owners against such damage.

• No work may be carried out on Saturdays, Sundays, Public Holidays or outside normal working hours i.e. 08h00 to 17h00.

• Contractors must clean up common property each afternoon before leaving the site.  If this is not done it is understood that the buildings Janitor will do so at overtime rates, at the owner’s expense.

•       No rubble is to be left in the grounds of the complex overnight.

• Body Corporate electricity i.e. passage plugs are not to be used except with the written permission of the Managing Agents/Trustees in which latter case a charge will be assessed for the electricity consumed for the account of the owner.

• All doors and windows being installed must conform in outward appearance with other doors and windows installed in similar positions elsewhere in the building.

• The owner indemnifies the Body Corporate in respect of any damage caused to its common property, either inside or outside the building and will pay the cost of repairing or restoring the damages caused during the course of carrying out any alterations to his flat.

26.3     A deposit amounting to R8,000.00 in the case of both alterations and renovations shall be paid before work commences, from which the costs of rectifying any damage to common property (e.g. floor coverings, woodwork, paintwork, plumbing, etc) as also any other charges accruing against the owner arising out of rules 26.2 (ii) (g) and 26.2 (ii) (h) will be deducted.

                        26.4     Any and all charges, expenses or costs accruing against the owner arising from matters contained anywhere in the aforegoing Conditions are payable on demand and as stated in paragraph 26.2, will be deducted from the deposit. However, should the amount of the deposit prove insufficient to meet the whole of such cost, the deficiency must be paid on demand.

26.5     Any balance of the deposit remaining will be repaid to the owner after completion of alterations/renovations to which these conditions apply and after all charges have been deducted from the initial deposit and accrued interest.

26.6      It is the responsibility of the owner to ensure that their contractors and workmen comply herewith.

LEVY PAYMENTS

27.       27.1     Interest at 2.5% per month on the outstanding balance will be levied on the 7^th of every month, compounded monthly.

• Legal action will be taken should the owner fail to pay more than 2 months levies.

• The cost of any administrative fees from the Managing Agents, as well as all legal fees charged by the attorneys, will be for the account of the relevant defaulting owner.