DIO VELENTO CONDUCT RULES
Constantia Sectional Title Management (Pty) Ltd.
127 Constantia Drive P O Box 5860
CONSTANTIA KLOOF WELTEVREDEN PARK
1709 1715
Telephone: 679-5629
Fax: 679-3120
INDEX
CONDUCT RULES
Interpretation
User
Insurance premium
Co-operation
5A Motor Vehicles
5B Cycles
6. Paths, Driveways and Passages
Laundry
Refuse Removal
Noise
Supervision of children
Gardening
No pets
Occupants’ Employees (Maids, etc.)
Activities on the Common Property
Tenants and Visitors
Appearance from outside
Business Activities
Improvement on or to the Common Property
Alterations
Security
Damage to Common Property
Penalties
Enforcement of Amounts Payable
Payment of Levy, etc.
Swimming Pool
Clubhouse Rules
Sundry Provisions
Balconies
Sewerage
Indemnity
Proprietary Right to Conduct Rules
1. INTERPRETATION
1.1. In the interpretation of these rules, unless the context otherwise indicates:
“Act” means the Sectional Titles Act, 1986 (Act 95 of 1986), as amended from time to time, and any regulations made and in force thereunder
1.1.2. Words and expressions used shall bear the meaning assigned to them in the Act
”Trustee” includes an alternative trustee
1.1.4. Words importing -
(1) the singular number only shall include the plural, and the converse shall also apply
(2) the masculine gender shall include the feminine, and neuter genders and the neuter gender shall include the masculine and feminine genders
1.1.5. 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.
Any additional copies of the conduct rules will be charged at a rate of R 20 per copy.
Caretaker – Shall include caretaker, superintendent or any person appointed by the Trustees to implement supervision and control of the complex.
USER
When the purpose for which a section is intended to be used is shown expressly or by necessary implication on or by the registered sectional plan, an owner shall not use or permit his section to be used for any other purpose.
INSURANCE PREMIUM
An owner shall not do or permit to be done in his section or on the common property which will or may increase the rate of the premium payable by the Body Corporate on any insurance policy.
CO-OPERATION
Good Neighbourliness:
Whether you are an owner or a tenant, you remain a member of our community and have a responsibility towards your neighbours, the buildings and the equipment of the complex. Therefore you are asked to CO-OPERATE AT ALL TIMES AND TO PROMOTE GOOD NEIGHBOURLINESS.
5.A. MOTOR VEHICLES
The first motor vehicles of occupants must be parked in the allocated unit garage and shall not be parked on the common property at any time.
The second motor vehicles of each unit, shall where possible, always park in front of the allocated units garages or in the designated area. Vehicles shall not be parked in the driveways i.e. common property at any time.
Visitors can be parked in front of the visited unit’s garage or alternatively in visitors parking. No unit occupants’ vehicle may be parked in visitors parking.
No repairs and/or reconditioning of vehicles on the common property is permitted.
Vehicles may not travel at speeds in excess of ten (10) kilometers per hour on any portion of the common property.
Caravans, motor boats, trailers and other similar vehicles are prohibited.
Garage doors shall be kept closed at all times. Doors to be closed quietly and not banged down.
Car washing – hoses not permitted. Buckets may be used.
Any vehicle parked in contravention of any of the first may be towed away without any liability for damage claim whatsoever. The amount of all costs for towing, storage and other costs associated therewith shall be for the account of the occupant concerned, which amounts shall be included on the monthly statement in respect of the unit concerned and shall be treated as an additional levy for all purposes. The first shall apply notwithstanding that the vehicle towed away is owned or driven by a visitor of the occupant concerned.
No vehicle may be stored on the property.
Leaks – all owners and occupants shall ensure that their vehicles and guests, visitors do not drip oil or brake fluid onto the common property or in any other way deface the said property. All costs for cleaning will be for the owners account.
Vehicles entering and exiting through the gate are cautioned to approach on entering from the left and exit on the left-hand side.
No vehicle exceeding 5 tons may enter Dio Velento. Damage as a result of Breach will be for the unit owners account!!
5.B. CYCLES
Bicycles, motorcycles and tricycles, etc. may not be left or parked on any portion of the common property: Clause 5.1. and 5.2. apply to motor cycles too.
PATHS, DRIVEWAYS AND PASSAGES
It is not permitted to ride bicycles, roller skates or skate-boards or any manual mobile vehicles, or play games of whatsoever nature on the paths, or on the driveways.
No racing with bicycles or any other equipment shall be permitted on the common property.
LAUNDRY
Only clothes horses which must be confined to balconies and patios are permitted. No washing is to be hung over balcony rails or garden furniture. No washing lines are to be erected on balconies or any part of the common property. No washing is to be spread on the lawn.
No water from washing will be allowed to drip from balconies onto common property.
REFUSE REMOVAL
All occupiers shall familiarise themselves with their units refuse removal collection points.
Refuse will only be removed from these collection points. Mondays – Fridays excluding Saturdays, Sundays and Public Holidays.
Refuse must only be placed at these collection points between 6am – 8am.
Ensure that before refuse is placed in such receptacle, it is securely wrapped, or in the case of tins or other containers, completely drained. Cardboard boxes are to be flattened and placed in the refuse area.
Persons leaving rubbish on any part of the common property or public sections surrounding the property, are liable to prosecution, and such offenders must be reported immediately to the trustees and fines imposed.
Refuse put out after collection will not be removed. This must be taken down to the refuse centre next to the gate.
RADIO AND NOISE LEVELS
Silence must be maintained on Sunday to Thursday between the hours of 22:00 and before 08:00. Silence must be maintained of Fridays and Saturdays between the hours of 24:00 and 09:00 the following day.
Radios, tape decks, musical instruments, TV’s and other sound producing devices shall not be played or used in such a manner as to interfere with any occupant’s enjoyment of his unit or of the common property at any time.
Automobile hooters shall not be sounded on the common property at any time.
No hammering, drilling, sawing or other such work shall be conducted before 08:00 and after 19:00 on any day. Subject to other provisions of this rule 10, such work is permitted provided it is performed in moderation and does not unreasonably interfere with the use and/or enjoyment of any occupant of his unit or the common property. The trustees may prohibit any person from performing any such work.
Occupants shall advise their neighbours in advance whenever parties are to be held in their units (keep 9.2. in mind).
Occupants shall ensure that their children and visitors comply with the first rule.
If any child, occupant or visitor infringes the provisions of 10.1. The owner as the case may be shall be responsible therefore.
SUPERVISION OF CHILDREN
Occupants shall properly supervise their children, their children’s friend and children of their visitors so that no provision of these rules is infringed by such children, and that no damage or nuisance is caused to any occupants, to the property of any occupant or to the common property of any unoccupied unit. In particular, and without affecting the generality of the first, children shall not damage, deface or interfere with the plants, decorations, signs, name plates, fire hoses and fire hose reels, exterior lights, shall not enter an unoccupied unit, climb onto any roof of units up or down banks or complex perimeter walls, play ball games in and around the common property.
Children are not allowed to play in drive ways for safety reasons.
GARDENING
No gardening on the common property shall be done by any person unless such person is authorised thereto by the trustees in writing.
NO PETS
13. OCCUPANTS’ EMPLOYEES (MAIDS, ETC.)
Occupants shall ensure that their employees comply with the provisions of these rules.
Employees may not sell alcohol or drugs, be in possession of alcohol or drugs or be drunk on the common property.
No visitors allowed for employees working on the property.
ACTIVITIES ON THE COMMON PROPERTY
Without in any way restricting the generality of any of these rules:
No hobbies or activities may be conducted on the common property if they would cause a nuisance to other occupants.
Hobbies or other activities which cause undue noise are prohibited.
Braais will only be allowed in designated areas i.e. the fire place on the balcony and the, to be, constructed area within the pool compound.
TENANTS AND VISITORS
The owner of any unit who lets his unit/s shall advise the trustees of the name of the lessee and the period of the lease and shall at the request of the Trustees, provide the Trustees with a copy of the lease and variations thereto
The owner or his agent undertakes to attach a copy of the House Rules to the lease. The owner further undertakes that all lease/s of his unit/s shall contain a term in the following words to similar effect
“The lessee acknowledges having received from the lessor a copy of the House Rules. The lessee hereby agrees and undertakes to be bound thereby and to comply therewith in all respects.”
An owner shall not allow his unit to be occupied on a permanent basis or for the duration of the lease by more than the following number of persons:
One Bedroom Unit 2(two)
Two Bedroom Unit 4(four)
Three Bedroom Unit 6(six)
In the event of a Lessee continuing to commit a breach of any of the Conduct Rules then the Lessor shall upon written request by the Trustees instruct the Lessee to vacate the said unit and complex within 30(thirty) days.
Occupants are responsible for the conduct of their children and invitee, including their guests. Occupants shall ensure that all persons comply with the provisions of these rules.
Visitors enter the complex at their own risk and occupants will advise their occupants accordingly.
APPEARANCE FROM OUTSIDE
The owner or occupier of a unit used for residential purposes 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 Trustees, is aesthetically displeasing or undesirable when viewed from the outside of the unit.
No protruding air-conditioners, radio/television aerials or antennas may be installed without prior written permission of the Board of Trustees.
16.3. No awnings to be installed either of a temporary or permanent nature without prior approval of your Board of Trustees.
17. BUSINESS ACTIVITIES
No business, profession or trade may be conducted on the common property. No business, profession or trade may be conducted in a unit unless it is specifically permitted to be conducted in a Sectional Title scheme in terms of the relevant legislation, and unless the consent, in writing, of the trustees shall first have been obtained. The trustees may, in their absolute discretion, revoke such consent at any time, in which case the business activity concerned shall cease at such time as the trustees require.
No auction or jumble sale may be held on the common property.
No advertisements or publicity material may be exhibited or distributed on the common property.
IMPROVEMENT ON OR TO THE COMMON PROPERTY
18.1 No duty shall be placed upon any owner in regard to the provision of any improvement on or to the common property unless a proposal to make such improvement has been approved by either a special resolution or a unanimous resolution at a general meeting of owners.
ALTERATIONS
All exterior walls, all woodwork, metal work/balustrades and roofs are considered common property.
No extensions, alterations or improvements to the extension of any unit, including the erection of aerials and awnings shall be affixed or made unless the trustees have been given full particulars thereof, including plans, approved by the municipality, have countersigned such plans and have given permission, in writing, thereto. If such written permission is granted, it shall pertain only to the plans submitted to the trustees for approval and no variation thereof may be affected unless the occupant shall have complied with the plans in respect of such variation.
19.3. With respect to alterations or improvements to the interior of any unit, no structural alterations to the water connections, electric conduits or plumbing installations may be affected, unless the provisions contained in rule 2 shall first have been complied with.
19.4. All security gates and burglar proofing, etc. installed in an opening or part of property must comply with the following:
1) all gates must be painted accordingly
2) must be according to specifications as laid down by the trustees
3) may not be removed when moving as it forms part and parcel of the property.
All refuse, debris, etc., that result from any extensions, alterations or improvement shall be removed by the occupant concerned within two days. If such refuse, debris, etc. is not removed, the trustees may cause it to be removed and all charges in connection therewith shall be for the account of the occupant concerned and shall be paid by such occupant to the trustees on demand.
19.6. No future replacement of carpets by tiles at the 2nd or 3rd floors will be allowed.
SECURITY
Owners are and will be held responsible for misuse of the intercom system – Only bona fide visitors should be allowed to enter the complex.
21. DAMAGE TO COMMON PROPERTY
21.1. Should any damage whatsoever be caused to the common property by an occupant, and/or any of his family, and/or any of his visitors, and/or employees, their children or visitors, and/or other invitee of such occupant, or should any such person cause the Body Corporate to suffer any loss or incur any liability to property repair, he/she shall forthwith reimburse the Body Corporate in full in respect of such loss or expense. Should such occupant fail to repair such damage within seven days, the trustees may cause such damage to be repaired and such occupants shall reimburse the Body Corporate in full forthwith in respect of all costs and expenses arising out of or in connection therewith.
21.2. If a person damages the common property with his vehicle, he must, in the case of an accident, inform the trustees in writing, otherwise he/she will be held liable for the damages.
All repair work done by occupants themselves will be inspected according to building specifications.
PENALTIES
22.1. If an occupant is in breach of any of the provisions of these rules, the trustees will, impose a penalty, in writing, on such occupant of an amount not exceeding R200.00 in respect of each infringement.
22.2. Any monetary amount raised can be altered at the discretion of the trustees.
22.3. Should any occupant infringe any of the provisions of these rules and persist with such infringement after 7 days notice, in writing, from the trustees calling upon him to desist from such infringement, the trustees shall be entitled to impose upon such occupant a penalty not exceeding R 1 000.00.
22.4 Any penalty imposed in terms hereof shall be payable by the occupant concerned to the Body Corporate on demand.
22.5. The imposition of any penalty in terms hereof shall be without prejudice to and shall not effect and shall not be in addition to any other rights available to the Body Corporate at law and in particular its right to apply for an order compelling any occupant to comply with the provisions of these rules or desist from infringing same.
22.6. If the Body Corporate or trustees instruct a firm of attorneys in connection with or arising out of any infringement by any occupant of any of the provisions of these rules, such occupant shall be liable to reimburse the Body Corporate on demand for all its legal costs incurred in respect thereof on an attorney-client basis.
ENFORCEMENT OF AMOUNTS PAYABLE
Any amounts deemed payable by an occupant to the Body Corporate in terms of these rules shall be deemed an additional levy in respect of such occupant’s unit and the payment thereof shall be capable of enforcement as provided in rule 24 below.
24. PAYMENT OF LEVY, ETC.
24.1. Payment in full of levies (including additional levies), electricity and water charges for each month must be received by the managing agents by the 7th of that month.
24.1.1. If payment is received after the 7th of the month, a fine in the amount of R 50.00 will be imposed in respect of the unit concerned, which fine will be included on the next statement in respect of that unit.
24.1.2. If payment in full (including outstanding fines) has not
been received by the end of the second month, all
services, including electricity, will be suspended and the
account will be handed over to attorneys for collection
without further notice. Further fine/s in the amount of
R 100.00 each will be imposed monthly thereafter until all
amounts have been paid.
24.2. All amounts received from the occupant in respect of a unit will be appropriated firstly in payment of water charges, then in payment of outstanding levies (including additional levies), then in payment of electric charges of such occupant’s units.
24.3. Electricity cut off pursuant to the foregoing will not be reinstated until all amounts owing plus a reconnection fee in the amount of R 50.00 are paid in full to the Body Corporate.
24.4. Non-receipt of statement or levy statement does not excuse payment of levy and other amounts due.
24.5. Levies are payable in advance.
SWIMMING POOL
25.1(a) The swimming pool is for the exclusive use and enjoyment of the owners and occupiers of Dio Velento. Visitors of owners or occupiers may only use the swimming pool whilst in the company of the owner. Owners must ensure that their visitors are orderly and do not monopolise the pool or pool area. The trustees shall have the right at any time to deny access to the pool or pool area to any visitors.
25.1(b) No fires or braais are to be made in the pool area. These
areas shall be kept clean and at all times.
25.1(c) No children under the age of 12 years are to use the
swimming pool or enter the pool area unaccompanied by a
responsible adult. Any child found in the pool area without a
responsible adult shall be prohibited from entering the pool
area for a period determined by the trustees.
25.1(d) No pets or animals are allowed in the swimming pool area.
25.1.(e) No glasses or bottles allowed in the swimming pool area.
25.1.(f) No cigarettes or rubbish may be dumped in the swimming
pool area.
25.1.(g) No roller-skates, roller-blades, balls, skateboards or like toys
may be taken into the swimming pool area.
25.1.(h) No games or fooling around are allowed in the swimming pool
area.
25.1.(I) No radios, etc. may be played in the pool area. Any person
making noise or disturbing fellow owners whilst using the pool
shall be asked to cease using the pool.
25.1.(j) The pool gate is to be kept closed at all times.
25.1.(k) Owner / residents / visitors may not tamper with / remove or
in any manner interfere with the pool equipment / chemicals
at any times. This remains the responsibility of the Trustees.
(This includes pool cleaning equipment, filter, vacuum pump,
pipes, lights and chemicals.)
SWIMMING IS PURELY AT THE PERSON’S OWN RISKS
CLUBHOUSE RULES
A deposit of R 100.00 is payable at booking after which R 50.00 will be deducted for the use thereof. A further R 50.00 will be refunded should the clubhouse be returned in the same condition.
Use of the clubhouse shall adhere to CLAUSES 9 AND 10.
27. SUNDRY PROVISIONS
Without in any way derogating from the generality of the foregoing rules and in addition thereto:
27.1. The trustees shall have the right to take any action deemed fit to prevent any infringement of these rules.
27.2. Any occupant shall not:
Use his unit or permit it to be used for any purpose which
is injurious to the reputation of the complex.
Do or permit to be done in his unit or on the common
property anything which will or may increase the rate of premiums payable by the Body Corporate on any insurance policy.
27.2.3. Cigarette ends and other objects may not be thrown from windows or braai areas onto the common property.
Common property and garden areas must at all times be
kept neat. No private property, braais, trailers, etc., will be allowed on the grass or common property after it has been used.
Inflammable or other dangerous materials or articles may
not be brought onto the common property or elsewhere
except in such limited quantities as are allowed under the insurance policy or by-laws.
The gardeners and cleaners employed by the Body
Corporate may not be employed to do any private work for
occupants during working hours unless specifically
authorised by the trustees.
No firearms, pellet guns, “catties” or bows and arrows or
crossbows may be discharged on or over the common property.
No stones or other solid objects may be thrown on the
common property.
No signs of whatsoever nature may be displayed on the
common property without prior written consent of the
trustees having been obtained.
No ball games are allowed on driveways or against walls
or on any common property.
No tampering with fire hydrants is allowed. Fire hydrants
are not to be used for washing motor vehicles or verandas, balconies or patios.
No fireworks (pyrotechnics) are permitted within Dio
Velento.
Any complaints regarding the breach of House Rules must be addressed, in writing, to the Board of Trustees.
A maximum number of persons allowed to inhabit any unit at any given time (on a permanent basis).
One Bedroom 2(two)
Two Bedroom 4(four)
Three Bedroom 6(six)
No public indecency will be allowed within the complex.
Owners or occupiers are requested to ensure that no
Narcotic/hallucinatory drugs are stored on (temporarily or
otherwise), indulged in or sold on the premises, and that
the consumption of alcohol is kept as a purely social level
and is not sold on the premises.
BALCONIES
Cleaning of balconies to be done by mop or squeegee so as to prevent excess chemical and water overflow onto the units below.
No object or refuse of any nature to be thrown from balconies.
All plant containers to have drip trays.
SEWERAGE
No nappies, sanitary towels, plastic bags or any other object which may block the system shall be flushed down the toilets. Transgressors will be severally penalised.
INDEMNITY
The Body Corporate and/or the Agents shall not be liable to any unit owner or tenant for any injury or damage of any description which the unit owner or tenant and/or member of the unit owner or tenant’s family, or any employee or servant or any relative, friend, acquaintance, visitor, invitee or guest of the unit owner or tenant may sustain physically to his or their property, directly or indirectly, in or about the common property or individual units or in or about the parking bays or storerooms or in or about any part of the complex and/or grounds in which the common property or individual units are situated, by reason of any defects in the common property or individual units, or any appliances whatsoever in the complex or grounds in which the common property or individual units are situated or for any act done or any neglect on the part of the Body Corporate or any of the Body Corporate’s employees, servants or agents. The Body Corporate or the Agent’s representatives and servants accept no responsibility or liability of whatsoever nature in respect of the receipt or the non-receipt and delivery or non-delivery goods, postal matters or other correspondence.
PROPRIETARY RIGHT TO CONDUCT RULES
These rules remain the property of the Body Corporate and must remain in the unit when vacated.
