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.
Appears in 7 contracts
Samples: Deed of Sale, Deed of Sale, Deed of Sale
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 corporateBody Corporate, at which time the body corporate Body Corporate shall be obliged to assume this liabilityliability to insure. The Seller shall be entitled to recover a proportionate share of these insurance premiums from the Purchaser calculated in accordance with on the participation quota allocated to the unit. This contribution shall be payable as part of the levieslevies referred to below.
Appears in 7 contracts
Samples: Deed of Sale, Deed of Sale, Deed of Sale
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 purchaserPurchaser. As the body corporate will only be established once the first transfer of a unit in the development has occurred, the Seller shall Developer shall, from the completion date and until the date of the establishment of the body corporate 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 Section 3 of the STSMA New Act (which deals with the functions of bodies corporate) shall apply;
12.2 the provisions of the rules for the development, development shall bind the Purchaser and be enforceable by the SellerDeveloper;
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 SellerDeveloper;
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 Developer promptly and on demand all municipal charges relating to the unit for periods after the completion date.; and
12.6 the Seller Developer shall insure the development, including the unit, against all risks deemed necessary by the Seller Developer until the date of the establishment of the body corporateBody Corporate, at which time the body corporate Body Corporate shall be obliged to assume this liabilityliability to insure. The Seller Developer shall be entitled to recover a proportionate share of these insurance premiums from the Purchaser calculated on in accordance with the participation quota allocated to the respective unit. This contribution shall be payable as part of the levieslevies referred to below.
Appears in 6 contracts
Samples: Deed of Sale, Deed of Sale, Deed of Sale
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 purchaserPurchaser. 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.
Appears in 2 contracts
Samples: Deed of Sale, Deed of Sale
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 purchaserPurchaser. 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 Section 37 of the STSMA Act (which deals with the functions of bodies corporate) shall apply;
12.2 the provisions of the rules for the development, 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 corporateBody Corporate, at which time the body corporate Body Corporate shall be obliged to assume this liabilityliability to insure. The Seller shall be entitled to recover a proportionate share of these insurance premiums from the Purchaser calculated in accordance with on the participation quota allocated to the unit. This contribution shall be payable as part of the levieslevies referred to below.
Appears in 2 contracts
Samples: Deed of Sale, Deed of Sale
CONDITIONS APPLICABLE PENDING TRANSFER. As has already been referred to inferred in this agreement, the common property will be owned and controlled by a body corporate for and on behalf of all owners including the purchaserPurchaser. As the body corporate will only be established once the first transfer of a unit section in the development building/s known as Seaboard Heights has occurredtaken place, the Seller has and shall from continue in the completion date interim 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 this period from the completion date until date of transfer, the following conditions shall apply:
12.1 5.1. save insofar as may be inconsistent with the provisions of this agreement, the provisions of Section 3 of the STSMA Sectional Title Schemes Management Act No. 8 of 2011 (“New Act”) (which deals with the functions of bodies corporate) shall apply;
12.2 the provisions of 5.2. the rules for the development, shall Seaboard Heights bind the Purchaser and be enforceable by the Seller;
12.3 5.3. the Purchaser may not make any alterations or additions whatsoever to the unit Property and/or the exclusive use area without the prior written consent of the Seller;
12.4 5.4. the Purchaser shall maintain the unit Property in the same condition as it was on the completion date;
12.5 5.5. the Purchaser shall be responsible for and pay to the Seller promptly and on demand all municipal charges (if any, as applicable) relating to the unit Property for periods after the completion occupation date.
12.6 5.6. the Seller shall insure the developmentbuilding/s known as Seaboard Heights, including the unitProperty, against all risks deemed necessary by the Seller until the date of the establishment of the body corporateBody Corporate, at which time the body corporate Body Corporate shall be obliged to assume this liabilityliability to insure. The Seller shall be entitled to recover a proportionate share of these insurance premiums from the Purchaser calculated in accordance with on the participation quota allocated to the unit. This contribution shall be payable as part of the levieslevies referred to above and below.
Appears in 1 contract
Samples: Offer to Purchase / Sale 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 purchaserPurchaser. 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 Section 3 of the STSMA New Act (which deals with the functions of bodies corporate) shall apply;
12.2 the provisions of the rules for the development, 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 corporateBody Corporate, at which time the body corporate Body Corporate shall be obliged to assume this liabilityliability to insure. The Seller shall be entitled to recover a proportionate share of these insurance premiums from the Purchaser calculated in accordance with on the participation quota allocated to the unit. This contribution shall be payable as part of the levieslevies referred to below.
Appears in 1 contract
Samples: Deed of Sale
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 purchaserPurchaser. 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.
Appears in 1 contract
Samples: Deed of Sale
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 purchaserPurchaser. 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 12.1. save insofar as may be inconsistent with the provisions of this agreement, the provisions of Section 3 of the STSMA New Act (which deals with the functions of bodies corporate) shall apply;
12.2 the provisions of 12.2. the rules for the development, development shall bind the Purchaser and be enforceable by the Seller;
12.3 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 12.4. the Purchaser shall maintain the unit in the same condition as it was on the completion date;
12.5 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 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 corporateBody Corporate, at which time the body corporate Body Corporate shall be obliged to assume this liabilityliability to insure. The Seller shall be entitled to recover a proportionate share of these insurance premiums from the Purchaser calculated in accordance with on the participation quota allocated to the unit. This contribution shall be payable as part of the levieslevies referred to below.
Appears in 1 contract
Samples: Deed of Sale
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 purchaserPurchaser. 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 liabilityliability to insure. 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 levieslevies referred to below.
Appears in 1 contract
Samples: Deed of Sale