Terms & Conditions

A. APPLICABILITY

It is the duty of the owner of a section to ensure his family members, visitors, customers, clients, employees and contractors and the lessee or occupier of this section, and his family members, visitors, clients, clients, employees and contractors comply with the Conduct Rules.
Should any damages be caused by, or any penalties (fines) be imposed on any of the people referred to in sub-rule (1) above, the owner shall be liable to pay damages and/ or to pay the penalties (fines) imposed.
The Trustees shall recover from the owner all damages, penalties (fines) and costs incurred, including administrative expenses and all legal costs. damages, penalties (fines) and costs and administration fees shall bear interest as a levy debt and shall be recovered as a levy.
Should an owner fail to pay his levies monthly in advance, the owner shall be liable to pay the said fees and additional charges incurred by the Body Corporate and Managing Agents for reminder notices, and detail ledger provided to the attorneys to recover the outstanding debt.

B. INTERPRETATION

The clause headings are for convenient reference and shall be disregarded in construing these rules.
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 persons includes juristic persons, trusts and partnerships and vice versa.
Words and expressions defined in the Sectional Titles Schemes Management Act, and annexures thereto shall, in all Rules, unless inconsistent with the context, bear the meaning assigned to such words and expressions in the Act and annexures thereto.
Unless determined herein to the contrary, any word or expression used here and in the Conduct Rules of ENGOME SQUARE BODY CORPORATE shall, mutatis mutandis, have the meaning assigned to it.
Unless determined herein to the contrary, any word or expression used herein and in the Management Rules, shall, mutatis mutandis have the meaning assigned to it in the said Management Rules, the Management Rules shall prevail.
When any number of days is prescribed in these Rules, the same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or proclaimed public holiday in the Republic of South Africa, in which event the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.
Where the numbers are expressed in the words and in numerals, the words shall prevail if there is any conflict between the two in any of these Rules.
In these Rules, any reference to “Trustees”, shall mean the Trustees of the Body Corporate, unless inconsistent with the context.

C. DIRECTIVES

The Trustees may issue Directives from time to time in connection with any Conduct Rule.
The Directives shall not conflict with any Rule.
The Directives shall provide direction as to the practical application of a Conduct Rule and shall contain practical arrangements pertaining to a Conduct Rule.

All owners and occupiers shall be bound by and shall ensure that they do not contravene the rules of ENGOME SQUARE (AFRICAN WORLD & IZINQAWE) PROPERTY OWNERS’ ASSOCIATION as far as they relate to the conduct of owners of Units and/or their tenants/occupiers, family, visitors and staff.

All rules of ENGOME SQUARE (AFRICAN WORLD & IZINQAWE) PROPERTY OWNERS’ ASSOCIATION will be applicable to all owners/ residents of ENGOME SQUARE BODY CORPORATE.

Should an owner or occupier wish to bring any matter to the attention of the Trustees, a written request should be handed to the managing agents.

1. ANIMALS, REPTILES AND BIRDS

Cats, dogs and reptiles are permitted within sections and or the complex boundaries. arrangements pertaining to a Conduct Rule.
An owner may, with the written consent of the trustees, keep birds capable of being caged, in a hand-held cage or holder, within a section.
When granting such approval, the Trustees may prescribe any reasonable condition(s). The Trustees may at any time prescribe further conditions and/or Directives pertaining to this Rule.
The trustees may withdraw such approval in the event of any breach of any condition prescribed in terms of sub-rule 1.3. Should a bird be a nuisance to fellow residents, such approval will also be withdrawn.

2. REFUSE DISPOSAL

An owner or occupier of a section shall: a). If so, directed by the Trustees in terms of sub-rule (g), maintain in a hygienic and dry condition, a receptacle for refuse (refuse bin) within his section, his exclusive use area or on such part of the common property as may be authorized by the Trustees in writing. b). Ensure that before refuse is placed in a receptacle it is securely wrapped in a suitable durable plastic bag (refuse bag) and in the case of tins or other containers, it is completely drained, before it is placed in a refuse bag. c). Ensure that a refuse bin is not over-filled, and that no refuse is left on top of a refuse bin. d). Do not leave refuse or other materials on the common property in a way or place likely to interfere with the enjoyment of the common property by another owner or occupier. e). Ensure that the owner or occupier does not, in disposing of refuse, adversely affect the health, hygiene or comfort of the owners or occupiers of other sections. f). for the purpose of having the refuse collected, place such refuse bags within the area and at the times designated by the Trustees in their directives issued in terms of sub-rule (e) g). Comply with any directives issued from time to time by the Trustees in pursuance of this Rule, and not dispose of or allow the disposal of any refuse, waste or rubbish in any other manner than as provided in this Rule and such directives. h). An owner or occupier shall not dispose of any refuse that the Municipality will not remove.
i). An owner or occupier shall not allow any refuse of whatever nature to remain or being disposed of in the lobby, passage, walkway, staircase, balcony or any other part of the common property, except in designated areas.

3. PARKING AND DRIVING OF VEHICLES

An owner or occupier of a residential section shall park or stand his vehicle and may permit or allow his visitor, employee or contractor to park or stand a vehicle on the parking area (exclusive use area) allocated to the residential section he owns or occupies. Vehicles may only be parked in designated allocated parking bays.
No owner or occupier of a section shall, without prior written consent of the Trustees, park or stand or permit or allow any vehicle to be parked or stood upon the common property contrary to sub-rules 3.1 and 3.2.
In this Rule “vehicle” means a motorcar or light vehicle or motorcycle, including a kombi and a station wagon. Boats, caravans and trailers and the like are not allowed on the premises.
No person shall park a vehicle on more than one parking bay or park a vehicle in front of any parking area or park a vehicle in such a way that the flow of traffic and access to and egress from any parking area is obstructed. No parking in front of any fire hydrants will be allowed.
No person may reside or sleep in any vehicle.
Owners and occupiers shall comply with the normal traffic rules and regulations and adhere to the road signs when driving their vehicles on the common property, and shall not drive their vehicles in any manner, which is considered by the Trustees not to be in the interest of safety. The speed limit of 15 km/h should be adhered to.
Owners or occupiers of sections shall not drive their vehicles in such a way that it creates an inconvenience to other owners or occupiers of sections.
No owner or occupier may sound the horns of their vehicles at any time on the premises, except as a warning of imminent danger in the case of an emergency. No loud music may at any time be played from inside the vehicle on the premises.
Owners and occupiers of sections shall ensure that their vehicles, and the vehicles of their visitors and guests, do not drip oil or brake fluid on the common property, including the parking bays and areas, or in any other way deface the common property.
No owner or occupier shall be permitted to dismantle or affect major repairs to any vehicle on any portion of the common property, on an exclusive use area or in a section. No severely damaged or unroadworthy vehicles may be parked on the common property, including parking bays and areas.
The parking of vehicles upon the common property, parking bays and other parking areas 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, including parking areas.
The Trustees may from time-to-time issue further directives pertaining to this Rule.
The Trustees may cause to be removed or towed away, or its wheels to be clamped, at the risk and expense of the owner and/or driver of the vehicle, including payment of a release penalty to be determined by the Trustees from time to time, any vehicle parked, stood or abandoned in contravention of these Rules.
Limited parking bays are available. Unless decided by way of a special resolution by owners at an annual general meeting or special general meeting, only residents are allowed to park inside the complex. All other visitors to the complex to park outside the complex.

4. DAMAGE, ALTERATIONS, ADDITIONS OR OBSTRUCTIONS TO THE COMMON PROPERTY AND ALTERATIONS TO THE INTERIOR OF SECTIONS

GENERAL

STRUCTURAL ALTERATIONS

It is recorded that the exterior of sections, including windows and doors, are part of the common property and that as such, (save as provided in the Act, the Sectional Titles Act, the Management Rules and these Conduct Rules), no owner or occupier may alter, damage, improve or add thereto in any manner.

MINOR ALTERATIONS

As far as minor alterations, fixtures or additions are concerned, an owner or occupier of a section shall not mark, paint, drive nails or screws or the like.
No owner or person authorized by him may install:
a). Any locking device, safety gate, burglar bars or other safety device for the protection of its section. With permission of the trustees, only strip type burglar bars will be permitted. These must be fitted horizontally, to the inside of opening windows and must be of the same material and colour as the window frame – 2 to 3 slates per opening. The installation of safety gates must first be approved by the trustees. They will only consider a certain type of safety gate and will also issue directives pertaining to the colour of such gates, as well as the quality as per specifications.
b). Any screen or other device to prevent the entry of animals or insects.
An owner or person authorized by him shall not construct, attach to, fix to any part of the exterior of buildings, including balconies, or place or construct on, or fix to any part of the common property any alterations, fixtures or additions, inclusive of but not limited to solar heating systems, air conditioners, chimneys, canopies, awnings, shade covers, carport covers, steps, braais or similar items without the prior written consent of the trustees, who may attach reasonable conditions to their consents. In the event of non-compliance with the imposed conditions, the Trustees may withdraw their consent and request an owner to immediately remove such structure at his own cost.
Notwithstanding sub-rule 4.4, no owner or occupier may affect the installation of radio- or television antennae or satellite dishes but must utilize the central reception network or communal television aerial(s) and satellite dishes, which shall be maintained by the Body Corporate.
A request for the consent or approval of the trustees must be made in writing and must be accompanied by plans and specifications sufficient to explain the nature, design, shape, size, material, colours and location of the proposed item into, or otherwise damage, or alter, any part of the common property without first obtaining the written consent of the Trustees.
Any structural alteration affecting a section and the common property, and alterations to work to plumbing, electrical installations or conduits, may only be carried out after:
a) Compliance with all relevant provisions of the Act, the Sectional Titles Act,
b) Obtaining the written approval of the local authority, if applicable; and obtaining the written consent of the trustees, which may be accompanied by conditions.
All structural alterations and alterations to, or repairs of, plumbing, electrical installations or conduits, must be done by qualified people and the work must comply with standards required by the local authority. Upon effecting alterations to electrical installations or conduits, an electrical certificate of compliance must be obtained from the electrical contractor once the work has been done.
Whereas an owner may affect alterations to the interior of his section, no work may be done to weight-bear walls without the written approval by a structural engineer as appointed by the trustees and the written consent of the trustees, who may impose any further reasonable conditions.
Whilst stoeps and balconies may form part of sections, the enclosure thereof affects the common property as well as the appearance of the buildings, for this reason any enclosure of a stoep or balcony will not be allowed.
In addition to any other relevant provisions, the following provisions shall apply in respect of any work affected by owners which, in the sole discretion of the trustees, involve structural alterations or additions to a section, including the removal, creation or modification of a wall or any structural part of the building and any alterations, additions, modifications, improvement or decorative work which affects the exterior appearance of the section:
a) A written application with specifications, period, and a building plan (sketch plan of the proposed alterations) must be submitted to the trustees. The trustees may refer such application to a structural engineer and/ or any other professional persons/ bodies. When considering approval, the trustees will be led by the opinion and full report of such professionals.
b) The trustees of the Body Corporate may grant consent or refuse such consent with reasons being furnished. The consent may also be accompanied by reasonable conditions.
c) Thereafter, the approved plans by the Body Corporate may be submitted to the Local Authority for final approval.
d) Having obtained the approval of the Local Authority, the Owner shall comply with all terms, conditions and changes required by the trustees and by the conditions and standards imposed by the Local Authority insofar as these may
be additional to the requirements of the Design Guidelines read together with the plans.
e) A scrutiny fee determined by the trustees and payable to Body Corporate, will be payable by the owner.
f) A building deposit as determined by the trustees of the Body Corporate from time to time, shall be payable by the owner, before work may commence.

INTERNAL ALTERNATIONS

In addition to any other relevant provisions, the following provisions shall apply in respect of any work which, in the sole discretion of the trustees of the Body Corporate, which involves internal refurbishment, renovation or redecoration of a section, including the replacement, removal, relocation or creation of internal fittings such as kitchen- and other cupboards, sanitary ware and floor coverings:
a) An application to proceed, with specifications, a period and a sketch plan of the proposed alterations must be submitted to the trustees of the Body Corporate to obtain their consent to proceed.
b) The Trustees shall, within 14 (fourteen) days, convey their consent to proceed with or without conditions and/or directives as to access and the maintenance of security to the owner or inform him why such a consent cannot be given. An owner may not proceed with the work without such consent.
c) A building deposit as determined by the trustees from time to time, shall be payable by the owner before work may commence.
d) Having obtained the approval of the Local Authority, the Owner shall comply with all terms, conditions and changes required by the trustees and by the conditions and standards imposed by the Local Authority insofar as these may be additional to the requirements of the Design Guidelines read together with the plans.
e) A scrutiny fee determined by the trustees and is payable to the Body Corporate, will be payable by the owner.
f) A building deposit as determined by the trustees of the Body Corporate from time to time, shall be payable by the owner, before work may commence.

ALL ALTERATIONS

In respect of all work done at the instance of an owner or occupier of a section, the following shall apply:
a) The alterations and fixtures contemplated in this Rule shall comply with the provisions contained in the original design guidelines.
b) All doors, windows and other external fittings must conform in quality and appearance with similar items generally installed elsewhere in the building.
c) The owner accepts responsibility and shall be liable to the Body Corporate (or owners, as the case may be) for any damage caused by him, his workmen or contractors to the common property or to other sections and indemnifies the Body Corporate against such damage or any claims arising therefrom.
d) The electricity supply of the Body Corporate may not be used without the specific consent in writing of the trustees, who may assess the costs of such usage for the account of the owner.
e) Any work done in pursuance of this Rule, must be done:
i. During the hours 08:00 to 17:00 (this excludes the developer when still constructing the complex)
ii. On weekdays.
iii. Not during the Easter Holiday period or during the period 15th December to 10th January, any other public holidays or Sundays.
iv. With the minimum of discomfort, disturbance, obstruction and nuisance to the other occupiers.
v. And must be concluded as expeditiously as possible, within the time specified, if any.
f) Any deposit payable in terms of this rule shall be paid before commencement of work and shall be repayable 60 days after completion, subject to any deductions due to damages/ expenses made by the trustees.
g) All charges, damages, expenses and penalties raised against the owner in terms of this Rule, are payable upon demand, and if unpaid, the trustees may deduct such items from the owner’s deposit.
h) The owner must ensure that his workers and contractors comply with the relevant provisions of this rule and all the other rules.
In the event of approval or a permit or consent being required from any local or other authority for the alteration, improvement, fixture or addition or similar item, such approval, permit or consent must be obtained by the owner before commencement of the alteration, improvement, installation of the fixture or addition.
If any work done by or on behalf of an owner in pursuance of the provisions of this rule results in expenses being incurred by the Body Corporate, whether it be by obstructing the employees or contractors in the performance of their work or in any other manner, the owner concerned shall be liable for payment of such expenses.
An owner shall be liable for any damage caused by themselves or the occupiers of his or her section or their visitors or guests to the common property.
Any alternation, improvement, fixture or addition or similar item made or installed by an owner in terms of this rule shall be maintained by the owner in a state of good repair and in a clean, neat, hygienic and attractive condition at his own expense. If an owner fails to maintain adequately such alteration, improvement, fixture or addition or similar item and any such failure persists for a period of 30 (thirty) days, it may result in corrective action by the Body Corporate.
For the purposes of this rule, the trustees shall have the discretion to decide what constitutes a “minor alteration”, “structural alteration” or “internal alteration” subject to any directives that may be given by members at a general meeting, by majority vote.
If an owner effects any work referred to in this rule without obtaining the consent of the trustees, or if any owner fails to comply with any of the imposed conditions or to conform to the design guidelines or to the required quality and appearance, the trustees may request an owner to immediately remove such structure at his own cost and to restore his section/ the common property. Should an owner fail to remove such structure and to restore the section/ the common property and any such failure persists for a period of 30 (thirty) days after written notice given by the trustees, the trustees may effect such removal and restoration or restitution of the property at the risk and expense of the owner, who shall have not recourse against the trustees, the Body Corporate, employees or contractors for any damage resulting therefrom.
Owners or occupiers shall not leave any obstruction to the free flow of pedestrian or vehicular traffic on any part of the common property. Access to staircases, passages, landings and stairwells must be always kept clear. Written notice to repair or maintain given by the trustees, the Body Corporate shall be entitled to remedy the owner’s failure and to recover the reasonable cost of doing so from such owner.