Dio Velento

Conduct Rules

2008-09-06T16:46:00.004+02:00

The Dio Velento conduct rules are available here.

http://docs.google.com/Doc?id=dhcjbr2f_134hspbtwf4

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 2^nd or 3^rd 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.

For sale: Unit 35

2008-03-26T21:35:00.009+02:00

2 Bedrooms,
2 Bathrooms,
Large open-plan lounge and kitchen area,
Large balcony,
Automated lock-up garage,
Spectacular view (pictures above taken from unit 35!)
Wooden floors
Pool in common area,
24 hour security, electric fencing.
Soccer World cup 2010 investment, less than 15 minute drive to 2 stadiums!

Contact details as advertised on Private Property.

2008-02-22T17:02:00.001+02:00

2007-05-15T00:16:00.000+02:00

DIO VELENTO BODY CORPORATE

MINUTES OF THE ANNUAL GENERAL MEETING HELD ON TUESDAY, 6 MARCH 2007 AT 18:30 IN THE CLUBHOUSE, DIO VELENTO

ATTENDANCE REGISTER AND APOLOGIES

PRESENT:

Owners of units:

9, 35, 65, 73, 53, 27, 20, 30, 34, 51, 17, 16, 41, 03, 10

IN ATTENDANCE:

Glenn Andrews & Claudie Vercuiel for managing agent.

APOLOGIES:

Unit 48 - Limbada

Unit 37 – M. Nicolaou

REGISTRATION OF PROXIES

Unit 68 – App. D. Erasmus

Units 25, 50, 6, 8, 22, 39, 54, 58, 76 – App. C. McGowan

Units 49, 78, 61 – App. Chairman

NOTICE OF MEETING AND QUORUM

Fourteen days notice of the meeting having been given, the meeting was declared duly constituted and open, as a quorum was present.

MINUTES OF PREVIOUS AGM

Minutes of the Annual General Meeting held on 24 January 2006 were accepted as a true reflection (Proposed Unit 9 & Seconded Unit 34).

CHAIRPERSON’S REPORT

The Chairman Mr. A. Cacouris apologised and wasn’t able to attend the meeting. Connie McGowan presented a report to the meeting.

During 2006 the pool was renovated and solar heating installed. The painting project was completed. Some of the geyser covers were replaced and the remainder that needs replacement will be done during this year. The water pressure at the top units has been a lot better. This morning there was no water due to a leak that was discovered by Jhb Water and the water needed to be turned off in order to repair the leak. The pigeons are causing damage to the building, residents are requested not to feed the pigeons or allow them to nest, and if anybody has a solution on how to get rid of these problematic pigeons, advice would be appreciated. During the 2006 year it was found that Conduct Rules are being discarded. Residents are reminded that fines will be imposed on residents not adhering to the Conduct Rules. Dio Velento E-Block are still leaving refuse bags all over the show, causing an unhygienic environment to the rest of the residents. Refuse bags are only to be put at collection points: MON – FRI 6am – 8am ONLY (Excluding public holidays and week-ends), fines will be imposed on any residents caught disregarding this conduct rules. Residents are reminded that noise violations by your neighbour or other residents are a disturbance of peace and therefore you may call the SAP for assistance. Any complaints need to be in writing before it will be considered or acted upon. Owners are requested to oil the hinges of their windows, this is not the responsibility of the Body Corporate, owners need to see to it that the hinges are maintained to be in good working order.

Connie thanked Chairman Amiras Cacouris for the 200% effort and assistance put in during the past years. The Trustees, CSTM and wonderful staff members were also thanked for their help and assistance.

Owners at the meeting thanked Connie for her hard work and dedication.

FINANCIAL REPORT

The financial report dated 30 September 2006 was unanimously accepted by the meeting. Trustees given permission to sign the financials off.

BUDGET

7.1 Approval with or without amendment of proposed budget

Sewer Account: Jhb Water

CSTM received a backdated sewer account for Dio Velento for the amount of R203 788.26. Jhb water explained that Dio Velento Body Corporate is a “Domestic Multiple Dwelling” and not “Flats. Glenn Andrews from CSTM explained to the meeting that in 2001, after an advertisement in the local newspaper, CSTM applied (with the permission of the trustees), for a credit at Jhb Water as Dio Velento at the time was considered to be “flats” (units on top of each other), and was being billed for “Domestic Multiple Dwellings”. The application was granted and the Body Corporate received a credit of: R 23439.41. It would appear that Jhb water have now changed their wording and says that Dio Velento is not considered to be “Flats” anymore, and backdated the sewer charge to 3 years, and produced an account of R203 788.26. Jhb Water also told CSTM that they went to the Deeds Office and found that the description on the Sectional Title Plans of Dio Velento says that it is a Townhouse complex, therefore cannot be considered as flats. CSTM is seeking legal advice on behalf of the Body Corporate, and trying to find out when their description of “Flats” changed to “Multiple Dwellings”. CSTM explained to the meeting that the council would not have granted the credit, if they were not in full agreement that Dio Velento was considered to be flats.

CSTM has lodged a query and flagged the account with the council until answers and clarification can be obtained. CSTM suggested to the meeting that the current account (new billing rate of Multiple Dwellings R 7943.45 instead of Flats R4032.60) is kept up to date, to avoid disconnection of services to the building. And that this shortfall of R4355 (vat inclusive) be included in the 2006/2007 budget.

The meeting agreed and accepted the proposed budget by CSTM. The levies to be increased from April 2007. CSTM to include a copy of this new budget schedule when distributing the minutes of the AGM.

The meeting unanimously agreed that under no circumstances should the backdated account be paid, as this would be settlement of the account, and that once the money is paid, it would mean that the Body Corporate is in agreement with the account received, so it would difficult / impossible to get the money back from the council.

CSTM instructed not to pay the backdated arrear account, to investigate this matter properly and then call a Special General Meeting to explain / discuss it with owners.

7.2 Replacement values

A professional valuation was done on the replacement value last year, which brought it to R3820 per sqm.

Owners are requested to contact the Body Corporate’s insurance broker to arrange for any improvements to their units to be included in the insurance policy. Contact Person: Wayne Cronje (Inson Insurance Brokers) Tel: 011 646 0970

8. AUDITORS

Furter Carstens was appointed as auditors for the ensuing financial year. Furter Carstens to include a detailed general ledger with next audit (date & description).

9. CONSIDERATION OF ANY DIRECTIONS OF THE POWERS OF THE TRUSTEES IN TERMS OF SECTION 39(ii) OF THE ACT

It was unanimously agreed that the trustees may spend up to R30 000.00 on any one item without calling a special general meeting.

10. IMPLEMENTATION OF SECTION 38(i) OF THE ACT

It was unanimously decided to implement Section 38(i) of the Act. i.e. entering into an agreement with owners and occupiers for the provision of amenities and services to their section. This allows the trustees the power to take any action they deem necessary against any owner who fails to pay his/her levy and electricity.

11. DETERMINATION OF THE DOMICILIUM CITANDI ET EXECUTANDI OF THE BODY CORPORATE

It was determined for the ensuing year as:

Constantia Sectional Title Management (Pty) Ltd

127 Constantia Drive P O Box 5860

CONSTANTIA KLOOF WELTEVREDEN PARK

1715

CSTM were unanimously re-appointed for the ensuing financial year.

12. DETERMINATION OF NUMBER OF TRUSTEES

It was proposed that 5 trustees be elected.

13. ELECTION OF TRUSTEES

The following trustees were elected:

1. Graeme Peacock - unit 24

2. Ramon Captieux - unit 27

3. Paul van den Bergen - unit __

4. Yusuf Kaka - unit __

5. S. Thomas - unit __

Election of the chairman will take place at the first trustee meeting.

GENERAL

14. AMMENDMENT OF CONDUCT RULES:

INCREASE DEPOSIT FOR CLUBHOUSE

The meeting agreed that the deposit for the clubhouse be increased to R500.00. If the clubhouse is in order and left clean, the full deposit will be refunded. If the clubhouse not left clean, R50 to be held to have the area cleaned.

The meeting suggested that an inventory list be set-up for the clubhouse.

TILING OF UNITS 2^ND & 3^RD FLOORS

It was brought to the attention of the meeting that some owners have tiled their units, disregarding the conduct rules. A heated discussion followed during which many people left. A decision was unable to be taken due to there not being a quorum. This will be addressed again at a future meeting. (At the 2002 AGM permission was given for wooden (formica floors) to be allowed providing adequate insulation be properly laid. All applications to any changes for flooring need to be approved by the trustees.)

(Should neighbouring residents find these floors are causing a disturbance, address this in writing to the trustees. Loose carpets will then have to be laid.)

15. BALCONY TILES

Problems are being experienced with some balcony tiles where water seeping through to garages. It is brought to the attention of the meeting that funds will have to be spent to have these areas waterproofed in the future.

16. SECURITY

A suggestion was made to install an intercom system inside the guardhouse. This will mean that 24hr security will have to implemented, and that the extra 12 hour guard will have to be added to the budget in order for the levy to cover this expense. The meeting agreed that the trustees may investigate this matter further and obtain quotations to have it done, as well as a cost evaluation on how it will affect the levy amount. Trustees will then proceed based on findings. No further meeting required for approval.

17. LAUNDRY

Complaints have been received by a resident using the washer of oil marks. It was decided that since the manufacturer / agents were no longer in the country and there were no spare parts available, the machine would not be repaired. Since there have been no complaints from other residents, no further action will be taken. When it is no longer viable to use the washer the laundry will be shut down since most residents have their own machines.

18. CLOSURE

There being no further business to discuss, the meeting closed.

CHAIRPERSON

DATE

Map

2007-03-13T11:25:00.000+02:00

Just added a map to the bottom of this page. You can get a satellite view of the area and zoom in to see the roof of your apartment! Go on, give it a try.

Additionally, if you have Google Earth, you can download the official Dio Velento bookmarks!

Insurance claims for damage to common property, who pays the excess?

2007-03-09T00:17:00.000+02:00

There is currently a debate going on as to whose responsibility it is to pay the excess on insurance claims made for damage to common property by members of the body corporate.

It is a debate that isn't unique to Dio Velento and the arguments both for and against go like this:

According to Sectional Title expert Bob Gauld: (Sectional Title Online) "The question of who pays the excess is simply and logically answered. If the insurance companies did not insist on bodies corporate paying the first part of every claim, premiums would be unaffordably high. Excesses means lower premiums, from which the body corporate benefits. Therefore excesses have to be paid by the body corporate. Easy, isn't it?"

Alternatively, the current view of the body corporate and CSTM: With reference to “Demystifying Sectional Title” by Marina Constas & Karen Bleijs,
“ The question of who is responsible to pay the insurance excess in a body corporate situation has always been an extremely thorny issue. The correct viewpoint from a purely technical-legal perspective would be to say that because the body corporate is the “insured party” in term of the insurance policy, the body corporate would thus be liable for any excess payable in terms of the policy. From a practical perspective however, this would often lead to unfair results ! We view the matter as follows:
a) The safest way to regulate the payment of insurance excesses is to amend the rules of the scheme, either management or conduct rules;
b) Whether or not the rules regulate the payment of an insurance excess, management rule 68 (I) (vii) can be interpreted in such a way as to make the owner of a unit liable for the payment of the insurance excess should his geyser burst and the insurance company agrees to meet the claim;
c) Ultimately both the body corporate and the insurance company must consider the reason for the damage being caused in the first place, place the blame and recover the cost of the damage from the person or persons responsible.”

CSTM feels that the following clause in our conduct rules covers us in terms of point a) mentioned above:

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.
21.3. All repair work done by occupants themselves will be inspected according to building specifications.

Does the word "expense" cover excess or does it need to be stated explicitly?

In a normal accident, when two parties are involved in an accident, each claims from his own insurance and pays his own excess. The insurance company of the "innocent" party can attempt a recovery of costs from the guilty party's insurance and if successful, will refund the excess received to the innocent party. Should this not be the case here as well or does a resident of Dio have to pay both his own excess and that of the body corporate?

This matter is due to be discussed at the next trustee meeting on the 13th March. Feel free to join in the debate by attending or forwarding your opinions via email, comment to the post, letter, fax or even verbally to any of the trustees.

AGM 2007

2007-03-06T10:28:00.000+02:00

This years AGM was "spirited" as usual. It's a pity we didn't get to thank our dedicated out-going chairman Amiras personally, whom everyone agrees did a splendid job. Thanks anyway Amiras, you were an inspirational chair to say the least! Ramon Captieux has been elected as the new chair with pretty much the same group of trustees give or take a few.

Minutes of the AGM will be posted here soon, but some of the highlights of the meeting included:

The crazy backdated rates owed to rand water.
The recurring issue of tiles on 2nd and 3rd floors.
Improving the security of the complex with new access control measures.
The issuing and enforcing of fines.

My 2 cents on the tile issue:
There are already people that have tiles and/or wooden floors and there are people that want to replace their carpets with tiles. Then there are people that are suffering as a result of people with tiles living above them, making a noise.

My proposed solution:

Allow tiles and wooden floors for everyone with one clause; the person installing the tiles must within reason make every effort to reduce the noise levels. They MUST provide proof including, but not restricted to quotes and receipts for the installation of noise buffers/insulation mats.
Owners that have already installed tiles or wooden floors without sound insulation must see that floor rugs are placed in high traffic areas.
Complainants against noisy neighbors with tiles living above must submit formal letters of complaint to the trustees. The trustees should then decide whether a reasonable effort has been made to reduce noise levels. If not, warnings and/or fines should be imposed.

At the end of the day it comes down to courtesy and tolerance. Those are conflicting values that cannot be imposed or expected by any trustee or body corporate. We must realize that we cannot expect courtesy from others without extending some ourselves and without a having degree of tolerance. Perhaps if our neighbors were friends it would be easier to be tolerant or courteous? But thats not Town House culture, it's simpler if all these people around you were just faceless, nameless people without feelings. It's a culture that needs to change!

p.s. I still don't get the argument that people potentially affected by noisy-tile-neighbors are a minority? We have 3 floored apartments, therefore 2 out 3 apartments have potential noisy-tile-neighbors living above them, which to me is a majority or have I missed something?

That said and done, there's never a dull AGM at Dio Velento! Please consider my suggestion or come up with your own for the proposed special GM regarding tiles.

Need advice on sectional titles?

2007-03-06T01:59:00.000+02:00

If you need some advice or information, legal or otherwise regarding sectional titles, check out Sectional Titles Online.

The forums allow you to search for answers to common questions or post your own.

Contact the webmaster:

2007-03-05T04:59:00.000+02:00

AGM reminder

2007-02-27T02:17:00.000+02:00

Please remember: The Annual General Meeting will be held on the 6 March 2007 @ 18:30, Dio Velento Clubhouse. We are looking forward to your attendance. If you are unable to attend the meeting, we urge you to please complete the proxy form, in order to assist us with the necessary 20% quorum needed to declare the meeting open. Please forward the proxy form to claudie@cstm.co.za / Direct Fax: 086 657 9221 alternatively Office Fax: 011 679 3120 Att: Claudie

Parking Tips

2007-02-23T10:07:00.000+02:00

One of the downsides of living against a beautiful mountain is that our driveway is on a steep slope. In the last few years there have been a few incidents of "runaway cars". The most event involved my car and if anything, it's taught me to be a bit more careful. Fortunately, no one was injured in my case, but it would be a tragedy if anyone did. Here are some tips to prevent your car from running away.

Pull your hand-brake up as far as possible.
Keep your car in gear, preferably 1st if the car is facing your garage. (This is the one I missed, apparently, the hand-brake discs cool after 10-15 min and are rendered useless without the additional support of the gear).
Turn and lock your steering wheel fully so that if the car does roll, it turns uphill and is therefore limited in how far it can roll.
If you're still uncertain, put some bricks behind your tires.

Where possible, it's always safest to park inside your garage!

Notice: Trustee Meeting 21 Feb 2007, 18:30

2007-02-21T16:36:00.000+02:00

Please note that there will be a trustee meeting on the 21 Feb 2007 at 18:30 at the clubhouse.

Example notice

2007-02-21T00:18:00.000+02:00

This is an example notice:

This is a reminder to all residents that cars belonging to residents should be parked in their respective garages and not in the visitors parking.

Example meeting minutes

2007-02-21T00:12:00.000+02:00

This is an example of how minutes of monthly trustee meetings can be posted here...

Present: Connie, Amiras, Yusuf
Apologies: Ramon

It was decided that all plants in the complex are decorated with fairy lights.

Actions: Amiras to purchase lights.