CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 Should the Purchaser take occupation of the Property prior to the Transfer Date, the following provisions shall apply in addition to the provisions of clause 6.2:
10.1.1 the Purchaser shall permit any person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that the provisions of the STA, the STSMA, the Rules and any other legislation are being observed;
10.1.2 the provisions of any legislation and local authority bylaws and regulations insofar as the same cast any duty upon the Purchaser or occupier of a property, shall bind the Purchaser and be enforceable by the Seller as if the Register has been opened;
10.1.3 the Purchaser may not make any alterations or additions to the Section;
10.1.4 the Purchaser will maintain the interior of the Section;
10.1.5 the Purchaser will not sell, let or in any manner dispose of or part with (whether temporarily or otherwise) the Property or his rights of occupation thereof before the Transfer Date, except with the written consent of the Seller, which consent will not unreasonably be withheld; and
10.1.6 the Purchaser will not appoint or engage any estate agent or other person to market, advertise and/or sell the Property other than the Agent.
10.2 The Seller shall pending the opening of the Register and the establishment of the Body Corporate:
10.2.1 insure the Building and all improvements in or upon the Property for the full replacement value thereof against such risks as the Seller may decide;
10.2.2 maintain the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and
10.2.3 administer the Property and the Common Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the Building. 11 LEVIES The bona fide estimate of the monthly levy, pending the final determination thereof, is as set out in the Transaction details as set out in the preamble to this Agreement.
CONDITIONS APPLICABLE PENDING TRANSFER. As has already been referred to in this agreement, the common property will be owned and controlled by a body corporate for and on behalf of all owners including the purchaser. As the body corporate will only be established once the first transfer of a unit in the development has occurred, the Seller shall from the completion date and until the date of the establishment of the body corporate bear the rights and obligations of the body corporate. In this regard, during the period from the completion date until date of transfer, the following conditions shall apply:
12.1 save insofar as may be inconsistent with the provisions of this agreement, the provisions of the STSMA (which deals with the functions of bodies corporate) shall apply;
12.2 the provisions of the rules for the development, shall bind the Purchaser and be enforceable by the Seller;
12.3 the Purchaser may not make any alterations or additions whatsoever to the unit and/or the exclusive use area without the prior written consent of the Seller;
12.4 the Purchaser shall maintain the unit in the same condition as it was on the completion date;
12.5 the Purchaser shall be responsible for and pay to the Seller promptly and on demand all municipal charges relating to the unit for periods after the completion date.
12.6 the Seller shall insure the development, including the unit, against all risks deemed necessary by the Seller until the date of the establishment of the body corporate, at which time the body corporate shall be obliged to assume this liability. The Seller shall be entitled to recover a proportionate share of these insurance premiums from the Purchaser calculated on the participation quota allocated to the unit. This contribution shall be payable as part of the levies.
CONDITIONS APPLICABLE PENDING TRANSFER. 26.1 With effect from the Contractual Occupation Date of the Unit and pending registration of transfer of the Unit, the following conditions shall apply:
26.1.1 save insofar as may be inconsistent with the provisions of this Agreement, the provisions of Section 44(1) of the Act shall apply;
26.1.2 the provisions of the Rules insofar as they cast any duty upon the owner or occupier of a Unit, shall bind the Purchaser and be enforceable by the Seller;
26.1.3 the Purchaser may not make any alterations or additions to the Unit; and
26.1.4 the Purchaser shall maintain the Unit in good order and condition;
26.2 Pending the establishment of the Body Corporate:
26.2.1 the Seller shall maintain the common property, and keep same in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and
26.2.2 the Seller shall administer the Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the common property and all other charges in connection with the common property.
CONDITIONS APPLICABLE PENDING TRANSFER. 13.1 Upon the Purchaser taking occupation of the Property prior to the Transfer Date, the following conditions will apply to the Purchaser from the Occupation Date until the Transfer Date:- The Purchaser: -
13.1.1 will permit any person authorized in writing by the Seller or its agent/s or its employee/s at all reasonable hours on notice, except in the case of emergency (when no notice shall be required), to enter the Section and the Common Property for the purposes of inspecting, maintaining and repairing it, or for the purposes of ensuring that the provisions of the STA, the STSMA, the Rules and any other legislation are being observed;
13.1.2 may use the property for residential purposes only, will be obliged to maintain the interior of the Property in a fit and proper condition and may not make any alterations or additions to the Property;
13.1.3 will not use the Property or Common Property in a manner to cause any damage thereto;
13.1.4 will be liable for all water and electricity consumed in respect of the Property as from the Occupation Date; and
13.1.5 The Purchaser will not sell, let or in any manner dispose of or part with (whether temporarily or otherwise) the Property or his rights of occupation thereof before the Transfer Date, except with the written consent of the Seller, which consent will not unreasonably be withheld;
13.1.6 the Purchaser will not appoint or engage any estate agent or other person to market, advertise and/or sell the Property other than the Agent.
13.2 The Seller shall, pending the opening of the sectional title register and the establishment of the Body Corporate:
13.2.1 insure the building and all improvements in or upon the Property for the full replacement value thereof against such risks as the Seller may decide; and
13.2.2 maintain the Common Property and keep it in a state of good and serviceable repair and in a neat, tidy and sanitary condition; and
13.2.3 administer the Property and the Common Property and make all payments in respect of rates, taxes and other imposts, electricity and water consumed upon the Common Property and all other charges in connection with the Property and the Building.
CONDITIONS APPLICABLE PENDING TRANSFER. The following conditions will apply to the Purchaser from the Occupation Date up to the Transfer Date:
15.1. The Purchaser will comply with all the duties on an owner as described in Section 13 of the STSMA;
15.2. The provisions of the Rules insofar as they cast any duty upon the owner or occupier of a Section, shall bind the Purchaser, who will fully comply therewith;
15.3. The Purchaser may not make any additions to the Property;
15.4. The Purchaser shall be obliged to maintain the Property in a fit and proper condition and properly painted and shall also maintain the geyser of the Property;
15.5. The Purchaser shall not be entitled to subdivide any Component with the purpose of selling, donating or in any other manner alienating or disposing of the Purchaser's rights of occupancy or any portion thereof to any other person;
15.6. The Purchaser shall be liable for all water and electricity consumed in respect of the Property from the Occupation Date.
CONDITIONS APPLICABLE PENDING TRANSFER. Without limited the generality of the provisions of this Agreement, with effect from the Possession Date of the Property and pending Transfer, the following conditions shall apply:-
10.1 the provisions of the Rules insofar as they cast any duty upon the owner or occupier of a Section shall bind the Purchaser and be enforceable by the Seller and/or the Body Corporate against the Purchaser;
10.2 the Purchaser may not make any alterations or additions to the Property without the Seller’s prior written consent; and
10.3 the Purchaser shall maintain the Property in good order and condition.
CONDITIONS APPLICABLE PENDING TRANSFER. 12.1 Upon the purchaser taking occupation of the unit and pending transfer, the following conditions shall apply –
12.1.1 except insofar as may be inconsistent with the provisions of this agreement, the provisions of the Sectional Title Management Act (which relates to the duties of an owner) shall apply and bind the purchaser as if he were the registered owner of the unit.
12.1.2 the provisions of the rules insofar as they cast any duty on the owner or occupier of the unit shall bind the purchaser and be enforceable by the developer, the appointed managing agents, and/or the body corporate. The purchaser warrants that he/she/it understand and will adhere to these rules in the interests of all owners of the development.
12.1.3 the purchaser shall not until registration of transfer of the unit into his name without the prior written consent of the developer make or cause or allow to be made any improvements to the section or remove or demolish any improvements whatsoever. The purchaser shall not have any claim against the developer in respect of any expenditure upon or improvements to the section, whether made with or without the developer's consent and notwithstanding the preservation of such rights, hereby waives his lien (if any) in respect of such improvements. All fixed improvements to the section made by or at the instance or expense of the purchaser shall accede to the section and belong to the developer.
12.2 The purchaser shall maintain the unit in a fit and proper condition.
12.2.1 The purchaser waives all claims (to the extent that the developer is not insured against such claims) against the developer for any loss or damage to property or any injury to person which the purchaser may sustain in or about the section, the buildings or the common property and indemnifies the developer against any such claim that may be made against the developer by any member of the purchaser's family or the purchaser's invitees, employees or agents for any loss or damage to property or injury to person suffered in or about the unit, the building or the property however such loss or damage to property or injury to person may be caused.
12.3 The purchaser shall not, pending the occupation date, be entitled to access to the property or any part of the development for any reason whatsoever.
CONDITIONS APPLICABLE PENDING TRANSFER. During the period from the OCCUPATION DATE until date of transfer, the following conditions shall apply:
CONDITIONS APPLICABLE PENDING TRANSFER. 26.1 With effect from the Occupation Date of the Unit and pending registration of transfer of the Unit, the following conditions shall apply:
26.1.1 save insofar as may be inconsistent with the provisions of this Agreement, the provisions of the Act and STSMA shall apply;
26.1.2 the provisions of the Rules insofar as they cast any duty upon the owner or occupier of a Unit, shall bind the Purchaser and be enforceable by the Seller;
26.1.3 the Purchaser may not make any alterations or additions to the Unit;
26.1.4 the Purchaser shall maintain the Unit in good order and condition;
26.1.5 the Purchaser shall not be entitled to sell or transfer the Unit (including, but not limited to , the Purchaser's rights of occupation thereof) except with the prior written consent of the Seller.
CONDITIONS APPLICABLE PENDING TRANSFER. 10.1 With effect from the possession date of the unit and pending registration of transfer of the unit and cession of the exclusive use rights forming part of the subject matter, the following conditions shall apply:
10.1.1 save insofar as may be inconsistent with the provisions of this agreement, the provisions of Section 44(1) of the Sectional Titles Act shall apply;
10.1.2 the provisions of the rules referred to in 7.4 above insofar as they cast any duty upon the owner or occupier of a unit, shall bind the Purchaser and be enforceable by the Seller;
10.1.3 the Purchaser may not make any alterations or additions to the unit and) or the exclusive use areas;
10.1.4 the Purchaser shall maintain the unit and the exclusive use areas in good order and condition;
10.1.5 the Purchaser shall not be entitled to sell, transfer and/or cede the unit and/or any rights in respect of the exclusive use areas (including, but not limited to, the Purchaser’s rights of occupation thereof) except with the prior written consent of the Seller.
