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04/09/2000ANNEXURE “C”
SELBORNE PARK
CONDUCT RULES
[Section 35 (2) (b) of the Sectional Titles Act, 1986]
1.INTERPRETATION
The following expressions shall have the meanings set out against them:-
“The Act” means the Sectional Titles Act No. 95 of 1986 as amended from time to time and any regulations made and in force thereunder.
Words and Expressions to which a meaning has been assigned in the Act, shall bear the meanings so assigned to them.
words importing -
the singular number only shall include the plural, and the converse shall also apply;
the masculine gender shall include the feminine, and neuter genders and the neuter gender shall include the masculine and feminine genders;
“Club” means The Selborne Country Club or its successor.
“Lodge” means the guest house, garages, staff quarters being the buildings comprising Section Numbers together with the exclusive use garden area allocated thereto.
“Golf course” means the golf course on the common property, the exclusive use of which has been allocated to the owner of Section Numbers being the golf course clubhouse and which includes the halfway house, the caddycart shack and liquor store, the golf course maintenance building and staff quarters and all other land depicted on the plan prepared in terms of Section 27 A of the Act, which plan is annexed to the Additional Management Rules.
“Conference Centre” means the conference centre comprising Section numbers .
“Residential Section” means a section other than the sections comprising the Lodge, golf course clubhouse and the conference centre.
(a)“The Developer” means Selborne Park Share Block Co. Limited or its designated successor.
(b)“Owner” means the owner of a sectional title unit.
2.ANIMALS, REPTILES AND BIRDS
An owner or occupier of a section shall not, without the consent in writing of the trustees, keep any animal, reptile or bird (other than a caged bird) in a section or on the common property and furthermore may not bring such animal, reptile or pet onto the common property.
When granting such approval, the trustees may prescribe any reasonable condition.
The trustees may withdraw such approval in the event of any breach of any condition prescribed in terms of subrule (b) above.
3.REFUSE DISPOSAL
An owner or occupier of a section shall:-
maintain in a hygienic and dry condition, a receptacle for refuse within such owner’s section, exclusive use area or on such part of the common property as may be authorised by the trustees in writing;
ensure that before refuse is placed in such receptacle it is securely wrapped, or in the case of tins or other containers, completely drained;
for the purpose of having the refuse collected, place such receptacle within the area designated by the trustees;
when the refuse has been collected, promptly return such receptacle to the owner’s section or other area referred to in sub paragraph (a) above.
4.VEHICLES
Owners or occupiers and their guests shall have the right to the reasonable use of all roads and pathways comprised within the common property subject to the right of the Body Corporate temporarily to close any such roads and pathways.
No owner or occupier 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 trustees in writing.
The 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 on the common property without the trustees' consent.
Owners and occupiers of sections shall ensure that their vehicles, and the vehicles of their visitors and guests do not drip oil on to the common property or in any other way deface the common property.
No owner or occupier shall be permitted to dismantle or effect major repairs to any vehicle on any portion of the common property, an exclusive use area or in a section.
5.DAMAGE, ALTERATIONS OR ADDITIONS TO THE COMMON PROPERTY
An owner or occupier 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 trustees.
Notwithstanding subrule (a), an owner or person authorised by the owner, may install:-
any locking device, safety gate, burglar bars or other safety device for the protection of the section; or
any screen or other device to prevent the entry of animals or insects:
Provided that the trustees have first approved in writing the nature and design of the device and manner of its installation.
6.APPEARANCE FROM OUTSIDE
The owner or occupier of a residential section shall not place or do anything on the part of the common property, including balconies, patios, stoeps and gardens which, in the discretion of the trustees, are aesthetically displeasing or undesirable when viewed from the outside of the section.
7.SIGNS AND NOTICES
No owner or occupier of a residential section shall place any sign, notice, billboard or advertisement of any kind 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.
8.LITTERING
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.
9.LAUNDRY
An owner or occupier of a section shall not, without the consent in writing of the trustees, erect washing lines, nor hang any washing or laundry or any other items on any part of the building or common property which will be visible from outside the buildings or from any other sections. Linen or clothing or other laundry shall be hung in the areas specifically designated for that purpose.
10.STORAGE OF INFLAMMATORY MATERIAL AND OTHER DANGEROUS ACTS
An owner or occupier shall not store any material, or do or permit or allow to be done, any 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.
11.LETTING OF UNITS
The owner of a residential unit may let or part with occupation of the unit provided the prior written consent of the Trustees is obtained, which consent shall not be unreasonably withheld.
The owner shall secure from the person to whom occupation is given an undertaking in favour of the Body Corporate that such person will faithfully comply with and fulfill all of the terms and conditions of these Conduct Rules and of the Management Rules and of any other Regulations in force from time to time relating to the use and occupation of the unit and of the common property. The undertaking shall confer upon the Body Corporate the right to evict the person should such person breach the obligations contained herein and shall otherwise be in terms as the Trustees shall from time to time require. The undertaking shall be lodged in writing with the Trustees prior to such person being given occupation of the unit.
The owner shall not be released from any obligations to the Body Corporate by reason of the letting or parting with occupation and the owner shall be liable to the Body Corporate for any damage or loss occasioned to the Body Corporate or to the common property as a result of a breach by any occupant of any of the terms and conditions of these Rules or the Management Rules or other Regulations in force from time to time.
The owners of the non-residential units shall be required to ensure that users of the facilities of the non-residential units comply with all of the provisions of the Management and Conduct Rules and any Regulations in force from time to time.
12.ERADICATION OF PESTS
An owner shall keep the section free of white ants, borer and other wood destroying insects and to this end shall permit the trustees, the managing agent, and their duly authorised agents or employees, to enter upon the 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, eradicating any such pests as may be found within the section, replacement of any woodwork or other material forming part of such section which may be damaged by any such pests shall be borne by the owner of the section concerned.
13.SERVANTS
An owner or occupier of a Section may not house a domestic servant in a Section or on the common property.
14.CONSERVATION
Save with the written consent of the Trustees:-
No person shall damage, cut down or interfere with any trees, shrubs or plants growing on the common property or on the golf course.
No person shall light any fires on the common property and no person shall trap, shoot or otherwise harm any wild bird or animal on the common property.
No person, other than a person engaged in the maintenance of the golf course, shall drive any motor vehicle, including a motor bike on any part of the common property which is not a road or an area set aside for the parking of motor vehicles.
And save as authorised by the Club or its successor, no person shall undertake any gardening or plant any trees or shrubs on the golf course. Should permission be granted, the Trustees and/or the Club may impose such terms and conditions as are considered necessary.
15.NUISANCE
No persons shall cause or permit any disorderly conduct of any nature upon the common property or do or permit any act, matter or thing in or about the common property which will constitute or cause a nuisance or unreasonable inconvenience to the members or servants of the Body Corporate or of the Club or to guests of the Club or of the Lodge.
No person shall introduce onto the common property any goods or apparatus which will interfere with television or radio reception.
Save as authorised by the Club, no person shall interfere with or impede the playing of golf on the golf course.
16.USE AGREEMENT
Should there be any conflict between the provisions of these Rules and the Use Agreement concluded between the Developer and its members, then the provisions of the Use Agreement shall prevail.