Common use of CONDITIONS APPLICABLE PENDING TRANSFER Clause in Contracts

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. 13.1 Upon 13.1. The Purchaser shall comply with all the Purchaser taking occupation duties placed on an owner (as such term is defined in the STSMA) in accordance with section 13 of the Property prior to STSMA as if it were the Transfer Date, registered owner of the following conditions will apply to the Purchaser from the Occupation Date until the Transfer Date:- Property; 13.2. 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 STARules, in so far as they cast any duty upon the STSMAowner, resident or occupier of a Section, shall bind the Rules and any other legislation are being observed;Purchaser who will fully comply with such Rules. 13.1.2 may use the property for residential purposes only, will 13.3. The Purchaser shall: 13.3.1. not be obliged entitled to maintain the interior of the Property in a fit and proper condition and may not make any alterations or additions to the PropertyProperty without the prior written consent of the Seller; 13.1.3 will 13.3.2. be obliged to maintain the Property and interior of the Unit comprising the Property in a fit a proper condition; 13.3.3. use the Property for residential purposes only; and 13.3.4. not use the Property or Common Property in such a manner to that will cause any damage thereto; 13.1.4 thereto or to the Buildings or other Sections in the Scheme, not shall it do or permit anything to be done that will be liable for all water and electricity consumed violate any insurance policy in respect of the Property as from the Occupation Date; and 13.1.5 The Purchaser will not sell, let Buildings 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 withheldScheme; 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 13.4. The Seller shall, pending the opening earlier of the sectional title register and the Registration Date or establishment of the Body Corporate: 13.2.1 13.4.1. insure the building Building/s and all improvements any fixture or fittings in or upon the Property for the full replacement value thereof against such risks as the Seller may made decide; and; 13.2.2 13.4.2. maintain the Common Property Property, to the exclusion of any Exclusive Use Area/s comprising the Property, and keep it in a state of good and serviceable repair repaid and in a neat, neat and tidy and sanitary condition; and 13.2.3 13.4.3. administer the Property Buildings and the Common Property and make all payments in respect of rates, taxes municipal rates and other impostscharges, electricity and water consumed upon the Common Property and all other charges in connection with therewith (which shall not detract from the Purchaser's liability for the payments as set out in clause 11). 13.5. The Seller, either personally or through its agents, shall be entitled at all reasonable times, and on reasonable notice to the Purchaser, to access the Property for the purpose of inspecting it, or to carrying out any maintenance or repairs which the Seller is obliged or entitled to perform in terms of this Agreement (whether such repairs relate to the Property or the Building) and the BuildingPurchaser shall have no claim against the Seller for any disturbance in its occupation of the Property arising out of the Seller exercising its rights in terms of this clause.

CONDITIONS APPLICABLE PENDING TRANSFER. 13.1 Upon 13.1. From the Purchaser taking occupation of date until the Property prior to the Transfer Datetransfer date, the following conditions will apply to shall apply: 13.1.1. Unless inconsistent with the provisions of this Agreement, the provisions of Section 19 of the Sectional Titles Management Act (which deals with the functions of bodies corporate) shall apply; 13.1.2. the provisions of the rules insofar as they cast any duty upon the owner or occupier of a Property shall bind the Purchaser from and be enforceable by the Occupation Date until Seller; 13.1.3. the Transfer Date:- The Purchaser: - 13.1.1 Purchaser will permit any authorized 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 purpose of inspectinginspection, maintaining maintenance, 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 observedrepairs; 13.1.2 13.1.4. the Purchaser may – 13.1.4.1. only use the property Property for residential purposes only, will be obliged to purposes; Seller(s) Initial Purchaser(s) Initials Witnesses Initial 13.1.4.2. maintain the interior of the Property in a fit and proper condition and as it was on the occupation date; and 13.1.4.3. the Purchaser may not make any alterations or additions whatsoever to the Property; 13.1.3 will not use Property and/or 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 Exclusive Use area without 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 prior written consent of the Seller, which consent will not unreasonably . 13.1.5. the Purchaser shall be withheldresponsible for any damage caused to the Property by the Purchaser or any person claiming access of occupation through him; 13.1.6 13.1.6. the Purchaser shall be responsible for and pay to the Seller promptly and on demand all costs of electricity and water consumed in the Property as separately metered or alternatively, if no separate meter is applicable in respect of the water, then on a pro rata basis as determined by the Seller relating to the Property for periods after the occupation date. 13.1.7. the Purchaser will not appoint or engage any estate agent or other person to market, advertise and/or sell sell/dispose of the Property other than before transfer; 13.1.8. if, before transfer of the AgentProperty to the Purchaser, the Property is destroyed or damaged to such extent that in the opinion of the Seller it is uneconomical to reinstate the Property then this sale shall be cancelled, provided that such damage or destruction was not caused as a direct result of an act or omission by the Seller. In such event all amounts which may have been paid by the Purchaser to the Conveyancer and the Agent under the provisions of clause 5 hereof together with interest earned thereon shall be refunded to the Purchaser and the Purchaser shall have no further claims against the Seller. If the Property is destroyed or damaged due to the actions of the Purchaser, then the provisions of this clause shall not apply. 13.2 13.1.9. the Purchaser shall be responsible for and pay to the Seller promptly and on demand all municipal charges relating to the Property for periods after the occupation date. Seller(s) Initial Purchaser(s) Initials Witnesses Initial 14.1. The Property is sold in accordance with the Sectional Plan and the Participation Quota endorsed thereon relating to the building, including any alterations made in accordance with the provisions of the Sectional Titles Act. 14.2. The Purchaser acknowledges that upon transfer of the Property into his name, he will become a member of the Kogelberg Body Corporate established for the building and will assume liability for contributions to the fund established under the Sectional Titles Act and the Rules for the Administration of the Property, commonly known as the Body Corporate Rules, as amended from time to time. 14.3. The Seller shall, pending as soon as reasonably possible after the opening of signature hereof, provide the sectional title register Purchaser with the latest Rules and the establishment Regulations of the Body Corporate: 13.2.1 insure Corporate and the building and all improvements in or upon most recent Financial Statements for the Body Corporate of the Sectional Title Scheme of which the Property forms part. 14.4. The Seller shall be liable for any Special Levies imposed by the Body Corporate for special maintenance, electronic security installation, or other items up to the date of the Agreement of Sale, even if such payments are due later. Any Special Levy imposed after the date of signature of this Agreement shall be paid by the Purchaser. 14.5. The Purchaser acknowledges awareness of the Management and Conduct Rules registered for the full replacement value thereof against such risks scheme. Upon transfer of the Property, the Purchaser shall automatically become and remain a member of the Mooiberge Master Property Owners’ Association ("the Association") and a Sub-member of the Sub-Association known as Kogelberg Body Coporate, bound by their respective constitutions and management and conduct rules, until ceasing to be an owner of the Seller may decide; andProperty. The Purchaser and their successors in title are bound by the terms, conditions, and obligations imposed by the Sectional Titles Act and the duties and powers of the Association. 13.2.2 maintain 14.6. The current monthly contribution for the section and allocated portions of the Common Property is detailed in Schedule "A" and keep Schedule "K". The Seller warrants that, as of the date of acceptance of this offer, there are no known impending special levies. In the event that the Association imposes a special levy after acceptance of this offer, the Purchaser shall be responsible for and must promptly pay such levy when it in a state becomes due. Seller(s) Initial Purchaser(s) Initials Witnesses Initial 14.7. From the date of good and serviceable repair and in a neatoccupation, tidy and sanitary condition; and 13.2.3 administer the Property and the Common Property and make Purchaser shall bear all payments in respect of rates, taxes levies and other impostscharges related to the Property, electricity while the Seller shall be liable for such levies and water consumed upon the Common Property and all other charges in connection with the Property and the Buildingprior to this date.