Examples of STSM Act in a sentence
The purpose of a body corporate’s management and conduct rules is collectively described in the introduction to section 10 (2) of the STSM Act.
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The warrant shall be issued and the consulting fee shall be paid, upon such other terms and conditions as the parties thereto may agree.
When there is a reasonable expectation that short-term occupiers are likely to interfere with the rights of the body corporate or other occupiers, a conduct rule can control the behaviour of owners who allow short-term tenants/occupiers to the extent that this is necessary to prevent a breach of the owner’s obligations in terms of the STSM Act.
While sections 2 (5), 3 (1) (t) and 4 (i) of STSM Act, which deal generally with the body corporate’s jurisdiction, functions and powers, refer only to common property, section 10 (2) of that Act, which gives the body corporate the power to make management and conduct rules, refers to both sections and the common property.
However, as a statutory provision that serves to limit the rights of individuals, this phrase must be interpreted narrowly and in the context of the STSM Act.
The Management Rules for the scheme known as the Old Cape Quarter are as prescribed in terms of section 10(2)(a) of the Sectional Titles Schemes Management Act, 2011 (Act No. 8 of 2011) (the “STSM Act”) (save as have been amended and/or extended by the Developer as indicated herein) in accordance with Annexure 2 of the regulations to the STSM Act.
These rules expand on and are directly related to the “conduct” provisions of the STSM Act that restrict owners’ rights to use and enjoy their sections, exclusive use areas and the common property, namely sections 13 (1) (a), (d), (e) and (g) of that Act.
Where the STSM Act requires trustee or body corporate approval to authorise an owner to make a particular application, as in the case of a proposed subdivision, consolidation or extension of a section50, the municipality is obliged to ensure that the required statutory approval has been obtained before it considers the owner’s application.
All owners and occupiers shall ensure that their visitors use the sections, exclusive use areas and the common property with diligent care, in accordance with these rules and the provisions of the STSM Act, and with respect and due consideration for other owners and residents.