BODY CORPORATE RULES. It is recorded that the Seller shall, when submitting the application for the opening of the Sectional Title Register in respect of the Scheme, to register the Rules for the Body Corporate in terms of Section 35 of the Act.
BODY CORPORATE RULES. 11.1 It is recorded that the Seller intends, when submitting the application for the opening of the register in respect of the scheme, to register Management and Conduct Rules for the Body Corporate under section 35 of the Act in the form as is attached hereto m arked “H”, which rules inter alia provide that an amount of five percent (5%) of the contributions payable by the members to the Body Corporate in terms of section 37(1) of the Act in respect of every financial year, shall be paid to a Val de Vie Community Trust, which trust shall be an NPO Trust to be established by the developer with the sole aim of providing assistance to the disadvantaged communities in the Winelands area.
11.2 The Purchaser acknowledges that it is aware of the fact that the Body Corporate will be liable for the maintenance and upkeep of the services infrastructure, street lights and roads in the scheme.
BODY CORPORATE RULES.
11 . 1 I t i s recorded that the body c orporate shall be xxxx xx to be established on the registration of the fi rst t ransfer in term s of section 2 of the Sectional Ti tles Schem es Managem ent Act .
11 . 2 The Purchaser agrees that:
11 . 2 . 1 immediately on becom ing a registered owner of the prop erty, the Purchaser will autom atically becom e a m em ber of the body corporate and will be and rem ain bound by i ts rules for so long as the purchaser i s a registered owner;
11 . 2 . 2 should the Purchaser sell the property, the Purchaser will ensure that i ts purchaser i s m ade fully aware of the existence of the body corporate and the fact that such successor purchaser will autom atically becom e a m em ber of the body corporate.
11 . 3 The Seller shall be entitled, when applying for the opening of the register, to add to and/ or am end the m anagem ent rules and the conduct rules (prescribed by regulation in term s of the Sectional Ti t les Schem es Managem ent Act ) by inserting the provisions of paragraph 12 in the rules and such other rules as the Seller in i ts sole discretion m ay conside r appropriate provided that such rules do not m aterially affect the Purchaser' s r ights in term s of this agreem ent of sale.
BODY CORPORATE RULES. Initial
17.1 The Purchaser shall be bound by the Body Corporate Rules as amended by the Seller before the sectional title register has been opened and by the Body Corporate after the sectional title register was opened. The Purchaser irrevocably agrees to vote for and to support any subsequent amendments to the Body Corporate Rules requested by the Seller. Initial Initial
17.2 The Purchaser specifically agrees that the Seller may amend the Body Corporate Rules from time to time in order to allocate exclusive use rights over parking bays and garden areas. The Purchaser irrevocably undertakes to vote in favour of such amendments.
17.3 The Purchaser acknowledges having had sight of the Body Corporate Rules.
BODY CORPORATE RULES. 13.1 The Purchaser shall be bound by the Body Corporate Rules as amended by the Seller before the sectional title register has been opened and by the Body Corporate after the sectional title register was opened. The Purchaser irrevocably agrees to vote for and to support any subsequent amendments to the Body Corporate Rules requested by the Seller.
13.2 The Purchaser specifically agrees that the Seller may amend the Body Corporate Rules from time to time in order to allocate exclusive use rights over parking bays and garden areas. The Purchaser irrevocably undertakes to vote in favour of such amendments.
13.3 The Purchaser acknowledges having had sight of the Body Corporate Rules.
BODY CORPORATE RULES. 23.1 The Purchaser shall on the Transfer Date become a member of the Body Corporate and shall be bound by its Rules for so long as the purchaser is a registered owner;
23.2 The Seller intends, when applying for the opening of the scheme, to add to and/or amend the management and conduct rules prescribed by regulation in terms of the Sectional Titles Act as follows:
(1) The liablility of the owner of any section to make contributions for the purpose of Section 37(1)(a) or 47(1) of the Sectional Titles Act in respect of any exclusive use area shall be allocated at a rate which shall be to no more than 1/3 of the rate per square metre per floor area payable by owners of sections in respect of their sections;
(2) The Seller shall be entitled, when applying for the opening of the register, to add to and/or amend the management rules and the conduct rules (prescribed by regulation in terms of the Sectional Titles Act) as the Seller in its sole discretion may consider appropriate provided that such rules do not materially affect the Purchaser's rights in terms of this Agreement. The Purchaser acknowledges that there are Architectural Design and Landscaping Guidelines approved for the Century City Development and agrees to be bound by and adhere to the said guidelines which will be enforced by the Body Corporate and Century City POA.
BODY CORPORATE RULES. 22.1 The Purchaser shall on the Transfer date become a member of the Body Corporate and shall be bound by its rules for so long as the purchaser is a registered owner;
22.2 The Seller intends, when applying for the opening of the scheme, to add to and/or amend the management and conduct rules prescribed by regulation in terms of the Sectional Titles Act as follows:
(1) The liability of the owner of any section to make contributions for the purpose of Section 37(1)(a) or 47(1) of the Sectional Titles Act in respect of any exclusive use area shall be calculated at a rate which equates to no more than 1/3 of the rate per square metre per floor area payable by owners of sections in respect of their sections;
(2) Notwithstanding the provisions of clause (1) above, the Seller shall be entitled, but not obliged, to provide in the rules for a fixed rate of levy per exclusive use area.
(3) All signage in or on a section shall comply with design guidelines composed by the architect and shall be submitted to be approved by Century City Property Owners Association prior to the erection of such signage;
(4) The toilet facilities at the security point at the main entrance of the Scheme may be used by the agents, contractors and employees or other parties acting on behalf of the Body Corporate of the Scheme and the Body Corporates of the Quayside and Quaynorth Sectional Titles Schemes. The upkeep, repair and maintenance of the toilet facilities shall be borne by the Body Corporate.
(5) The number of trustees shall be determined from time to time by the members of the Body Corporate.
(6) The owner of the restaurant is entitled to use a portion of the common property in the piazza area adjacent to the restaurant without being liable for the payment of levies in respect thereof.
(7) The podium parking bays which have not been allocated / ceded to the owner of a unit as an exclusive use area (the non-exclusive podium parking bays) can be used by visitors of the restaurant and commercial units at no charge for a period of not exceeding 1.5 hours. The owners of the retail and commercial units shall be obliged to pay for the upkeep, repair and maintenance of the non-exclusive podium parking bays.
(8) An air-conditioning system or geyser which is installed on a portion of the common property shall not be visible from the outside and the installation thereof shall be approved by the Developer or the Trustees.
BODY CORPORATE RULES. The draft body corporate rules are attached to the Agreement at schedule 4.
BODY CORPORATE RULES. 31.1 The Management and Conduct Rules of the SCHEME shall be the Management and Conduct rules contained in the ACT duly amended by the Conveyancer upon the opening of the Sectional Title Register so as to incorporate all the relevant provisions of this AGREEMENT in such form and as amended in terms of any requirements stipulated by the Community Schemes Ombudsman.
31.2 In particular the BODY CORPORATE rules shall provide that no pets shall be allowed except small dogs which do not exceed 15kg in weight when fully grown and are, in the sole opinion of the OPERATOR not dangerous. Owners of pets must ensure that no part of the common property is soiled by their pets and must clean up after them and may not let them roam unattended on the common property. In no circumstances will cats be allowed to be kept as pets.
31.3 No owner or its pets may cause any noise or nuisance on the PROPERTY which affects the general use and enjoyment of the SCHEME by fellow Owners.
31.4 The provisions of clause 31.2 shall not apply to residents who, in the opinion of the OPERATOR, are in need of a guide dog to assist with blindness.
BODY CORPORATE RULES. 23.1 It is recorded that the Body Corporate shall be deemed to be established on the registration of the first transfer in terms of section 36 of the Sectional Titles Act, the functions and powers of which Body Corporate shall be assigned to the Century City Urban Square POA in accordance with clause 22.3 above.
23.2 The Purchaser agrees that:
(1) immediately on becoming a registered owner of the unit, the Purchaser will automatically become a member of the Century City Urban Square POA and will remain bound by the respective rules of the Century City Urban Square POA for so long as the Purchaser is a registered owner of a unit in the scheme;
(2) should the Purchaser sell the unit, the Purchaser will ensure that its purchaser is made fully aware of the existence of the Century City Urban Square POA and that successor purchasers shall automatically become a member of the Body Corporate and the Century City Urban Square POA.
23.3 The Purchaser shall not be entitled to transfer a unit without the prior written consent of the Century City Urban Square POA.
23.4 The Purchaser shall be liable from the possession date for:
(1) levies payable in terms of section 37(1) of the Sectional Titles Act calculated in accordance with the Rules;
(2) levies payable by the body corporate/Century City Urban Square POA to the Century City POA;
(3) rates payable to the City Council;
(4) all electricity and water costs consumed in the unit and/or the exclusive use areas;
(5) any chilled water system, hot water system, generator and / or refuse removal costs which are attributable directly to the unit and/or the exclusive use areas.
23.5 Such levies and/or rates shall be paid to the Seller or its appointed agent until registration of transfer and thereafter to the body corporate/Century City Urban Square POA and/or the City Council as applicable, monthly in advance on the first day of each and every calendar month commencing from the possession date provided that if the possession date falls on any day other than the 1st (first) day of a calendar month, then the Purchaser shall be obliged on the possession date to pay a pro rata share of the levies or rates due for the calendar month on which the possession date occurs.
23.6 Pending the determination of the actual amount of such levies and/or rates, the Purchaser shall from the possession date pay on account of such levies and/or rates an amount as shall be certified by the Seller as being its bona fide estimate of such monthly le...
