AGREEMENT OF LEASE
October 11, 2017
AGREEMENT OF LEASE
October 11, 2017

AGREEMENT OF LEASE

 

 

 

 

between

 

 

……………………………………

(“the Lessor”)

 

 

 

and

 

 

……………………………………….

  1. No: ……………………

and

……………………………………..

  1. No:…………………….

 

(collectively described as a “the Lessees”)

 

 

 

 

 

 

 

 

  • PARTIES

 

  • The Lessor is ………………………, residing at ……………………………… (“the Lessor”).
  • The Lessees are ………………………. No: ………………………; and …………………………. ID.No: ……………………………. (“The Lessees”).

 

  • INTERPRETATION

 

  • In this Lease:

 

  • clause headings are for reference purposes only and shall not influence   its interpretation;

 

  • references to the masculine gender shall include the feminine and neuter genders and vice versa;

 

  • references to natural persons shall include bodies corporate and other legal personae and vice versa;

 

  • references to the singular shall include the plural and vice versa;

 

  • all annexures hereto shall be deemed to be incorporated herein and shall form an integral part hereof;

 

  • where a number of days is prescribed, the period shall be reckoned exclusively of the first and inclusively of the last day;

 

  • where the day upon or by which any act is required to be performed is not a business day, the parties shall be deemed to have intended such act to be performed upon or by the first business day thereafter;

 

  • where an expression has been defined (whether in 2.2 hereunder or elsewhere in the lease) and such definition contains a provision conferring rights or imposing obligations on any party, effect shall be given to that provision as if it were a substantive provision contained in the body of this lease;

 

  • any reference to the period, currency, unexpired period, termination or date of termination of this lease, shall include any renewal or extension thereof;

 

  • any reference to the Lessor shall include the Lessor and her successors-in-title and his respective agents, employees, servants, contractors and workmen;

 

  • any reference to the Lessee or Lessees shall include the Lessee’s agents, employees, servants, customers, clients, licensees, contractors, invitees, visitors and guests;

 

  • if figures are referred to in numerals and words, the words shall prevail in the event of any conflict between the two.

 

  • In this lease, unless inconsistent with or otherwise indicated by the context, the following expressions shall bear the meanings assigned to them hereunder and cognate expressions shall bear corresponding meanings:

 

  • “the property” …………………………………………………………..

 

  • “the building” collectively, all improvements erected on the property

 

  • “the leased premises” collectively, the property and the building

 

  • “the commencement date” shall be ………………………………..

 

  • “this lease” collectively, this lease agreement plus the annexures

 

  • “HOA”      The ……………. Homeowners Association.

 

 

  • INTRODUCTION

 

  • The Lessor is the registered owner of the property.

 

The Lessor and the Lessees have agreed to the letting and hiring respectively of the leased premises, subject to all of the provisions, terms and conditions contained in this lease.

 

  • LETTING AND HIRING

 

The Lessor hereby lets and the Lessee hereby hires the leased premises.

 

  • COMMENCEMENT OF LEASE

 

  • Notwithstanding the date of signature hereof, this lease shall commence on the commencement date.

 

 

  • DURATION OF LEASE

 

 

This lease shall endure for a period of 6 months from the commencement date. There will be no extensions to the lease and the Lessees are to depart from the premises by the latest on the last day of the lease period. The Lessees agree that there will be no entitlement on their part to any legal contestation to this and that the landlord shall automatically be entitled to occupy the entire premises. The premises shall at this date be left exactly as when occupation at commencement took place.

 

 

  • MONTHLY TENANCY

 

If the Lessees remain in occupation for any reason approved in writing by the Landlord, after the expiry date of this lease, then, notwithstanding anything to the contrary contained herein, the Lessees’ occupation of the premises shall be deemed to be on a monthly tenancy subject to 1 calendar month’s written notice to be given by either party to the other; provided that the monthly rental payable by the Lessees to the Lessor after the expiry date of this lease shall be an amount equivalent to the rental payable by the Lessee during the month immediately preceding the expiry date, escalated at the annual compound escalation rate of 12% .  Save for the aforegoing, such monthly tenancy shall be on the same terms and conditions of this lease.

 

 

  • RENTAL

 

The monthly rental payable in respect of the leased premises shall be R……….. for the month of June 20.. and then ……………per month thereafter.

 

 

  • PAYMENTS

 

  • All payments to be made in terms of this lease shall be payable without deduction on the 1st of each month to which the rental relates, free of exchange to the Lessor’s nominated banking account by electronic transfer or cheque deposit.

 

  • If the Lessees fail to make payment to the Lessor of any amount payable by them in terms of this lease, then the Lessor may, without prejudice to any other rights and remedies which it may have, recover interest from the Lessees on the amount outstanding at the rate of 24% per annum compounded monthly in arrears.

 

  • A certificate signed by the Lessor of the amount due by the Lessees and the date on which it is payable in terms hereof, shall be prima facie evidence of the correctness of the contents thereof.

 

  • Both Lessees shall be jointly and severally liable for payment of any amount due in terms of this lease agreement, the one paying, the other to be absolved.

 

  • DEPOSIT

 

  • The Lessees shall pay a deposit of R……………. to the Lessor on signature hereof.

 

  • The Deposit will be invested in an interest bearing call account.

 

 

  • The Deposit, together with interest thereon accrued from the investment thereof in the call account, will be security for the Lessees’ obligations in terms of this lease, including any cancellation thereof.

 

  • The Deposit, together with interest accrued from the investment thereof in the call account, but after deduction of all amounts owing by the Lessees to the Lessor, will be repaid by the Lessor to the Lessee within 30 days after this lease terminates for any reason whatsoever.

 

  • USE OF THE LEASED PREMISES

 

  • The Lessees shall use the leased premises for residential purposes only.

 

  • In making use of the leased premises, the Lessees and any of his family, friends, employees, agents, representatives shall at all times obey and respect all laws, regulations and/or by-laws applicable to the premises leased by it. In particular the ………………. Homeowners Association Conduct Rules, a copy of which is annexed to this agreement, and any other determinations made by the Al Mare Homeowners Association must be strictly adhered to.

 

  • The Lessees hereby indemnify the Lessor and holds her harmless in respect of any and all loss or claims from third parties she may suffer as a result of the conduct of the Lessees’ employees, agents, representatives and/or invitees from time to time, including any damage or loss sustained to the building and the parking area and appurtenances thereof or attachments thereto.

 

 

  • OTHER CHARGES

 

The Lessees shall pay for upon receipt of statements from the Lessor:

 

  • charges for the use of electricity;

 

  • all refuse removal fees levied on the leased premises;

 

 

  • all sewer effluent and sanitary fees levied on the leased premises;

 

  • all water consumption charges (including meter reading charges) levied on the leased premises;

 

 

  • the Lessor shall endeavour to have the electricity and water charges registered in the name of the Lessees,

 

  • In the event that any of the aforementioned charges are for the Lessees’ account, the Lessees shall be obligated to furnish a copy of any applicable account along with proof of payment to the Lessor on the 1st of every month.

 

 

  • The Lessees unequivocally consent to the Lessor verifying with the applicable service providers that payment has in fact been made.

 

 

  • STRUCTURAL ALTERATIONS AND REPAIRS

 

  • The Lessor and her agents shall have the right to enter and to effect structural alterations and/or repairs and/or maintenance to the leased premises at all reasonable times and after having given reasonable notice to the Lessees. It is envisaged that the Lessees will, of necessity, suffer some inconvenience as a result of the carrying out of such structural alterations and/or repairs and the Lessor shall accordingly endeavour to ensure that as little inconvenience as is reasonably possible is caused to the Lessees thereby. The Lessees shall not, however, be entitled to claim remission of or reduction in rental or cancellation of this lease by reason of the structural alterations and/or repairs and/or maintenance. Notwithstanding anything aforesaid, the Lessees shall be entitled to cancel this Agreement in the event of any work carried out by the Lessor, preventing the Lessees from residing in the premises, in which event neither party shall have any claim against the other.

 

  • The Lessees shall not make any alterations or additions to the exterior of the premises, whether structural or otherwise, including the external and/or internal colour scheme or the paintwork.

 

 

  • The Lessees shall not be entitled to erect any fixtures or fittings whatsoever.

 

  • On termination of the lease the Lessees shall be required to remove all alterations or fittings installed by it at its own cost and leave the interior of the building in a fit and proper condition with painted walls and no damage to any part of the premises. Where electrical and/or plumbing fixtures and/or doors and/or tiles installed by the Lessor were exchanged by the Lessees , should the Lessees wish to remove same, the Lessees shall be required to re-fit the original fittings or fittings approved in writing by the Lessor to be of equal quality to the original fittings.

 

 

  • INSURANCE OF THE BUILDING

 

The Lessor shall be responsible for the insurance of the exterior of the premises and the Lessees shall be responsible for ensuring the interior.

 

  • SUB-LETTING AND CESSION

 

The Lessees shall under no circumstances whatsoever be entitled to sublet the premises to a third party

 

  • MAINTENANCE AND CONDITION OF LEASED PREMISES

 

The Lessees shall within reason do all things necessary to:

 

  • prevent any blockage of any sewerage or water pipes or drains in or used in connection with the leased premises;

 

  • remove at its cost any obstruction or blockage referred to in 16.1 above which occurs in the leased premises; only in the event of such obstruction or blockage having been caused by the Lessees;

 

  • during the operation of this lease, care for and maintain the interior of the leased premises and all the keys, locks, doors, windows, sewerage pans and pipes, electrical installations, air-conditioners, geysers, water taps, and appurtenances therein in good order and condition, and at the termination thereof return and redeliver the same to the Lessor in like good order and condition, fair wear and tear excepted, and it shall make good and repair at his own cost any damage or breakages or in the alternative, reimburse the Lessor for the cost of replacing, repairing or making good any broken, damaged or missing items;;

 

 

  • clean the interior and exterior and maintain same in good presentable condition;

 

  • insure and keep insured, to the full replacement value, all its fixtures, fittings and installations and all goods on the leased premises;

 

  • maintain adequate public liability insurance;

 

  • not make any alterations or additions to the premises.

 

 

  • pay for the replacement of all fluorescent bulbs, starters and incandescent bulbs used in the leased premises;

 

  • have no claim whatsoever, whether for damages or remission of rental or cancellation of this lease, against the Lessor, nor be entitled to withhold or defer payment of rent by reason of any suspension or interruption in the supply of water or electricity (howsoever such suspension or interruption may arise) or by reason of amenities in or on the leased premises being out of use or out of order for any reason whatsoever and for any period whatsoever;

 

 

  • not permit the accumulation of refuse in or outside the leased premises, save in the municipal refuse bins which shall be stored in such place as the Lessor may from time to time designate;

 

  • not drive or permit to be driven into the walls or ceiling of the leased premises nails, screws or any other object including prestic, save as may be reasonably required for the Lessees’ shelving or fixtures and fittings which fixtures and fittings will be fixed to the walls by a method prescribed by the Lessor. On the termination of this lease, the Lessees shall restore any damage done to the leased premises and the Lessee shall not permit anything whatsoever to be done therein or thereon which may be calculated to damage the walls, ceiling or any other portion of the leased premises.

 

  • ensure at all times that no nuisance emanates from the premises, which it is allowed in terms hereof to conduct in the premises. Should the Lessor be of the opinion that the Lessees are causing a nuisance and/or interference, the Lessees shall be required within 1 hour after receipt of telephonic or written notice to that effect, cease such nuisance and interference, failing which the Lessees shall be in breach of the Lease.

 

 

  • CONTRAVENTION OF LAWS

 

The Lessees shall:

 

  • comply with all laws, by-laws and regulations applicable to the leased premises;

 

  • not contravene or permit the contravention of any of the conditions of title under which the property is held by the Lessor or any of the provisions of the Town Planning Scheme applicable to the property.

 

 

  • FIRE AND RELATED HAZARDS

 

The Lessees shall not at any time bring or allow to be brought or kept on the leased premises, nor do, nor suffer to be carried on in the leased premises, any matter or thing or activity whereby the fire or any other insurance policy of the leased premises may be liable to become void or voidable, to the extent that the Lessees are made aware of the provisions of the Lessor’s insurance policy.

 

 

  • LESSOR’S OBLIGATIONS

 

The Lessor shall only be responsible for the following:

 

  • the repair of structural defects in the building;

 

  • insurance of the building;

 

  • payment of assessment rates and taxes in respect of the property;

 

  • payment of the HOA levies;

 

 

  • TO LET NOTICES AND ACCESS

 

  • The Lessor shall be entitled to enter the leased premises after furnishing the Lessees with reasonable notice, at all reasonable times, either through its representatives or servants or through contractors, for the purpose of inspecting the premises or for carrying out any structural repairs or other work if it should desire to do so. The Lessor shall, in exercising its rights as aforesaid, not unduly or unreasonably interfere with any activity lawfully carried on in the leased premises and shall carry out any structural repairs or other work as expeditiously as possible.  The Lessees shall not have any claim for remission of rent, compensation or damages in connection with the exercise by the Lessor of any of his aforesaid rights.

 

  • The Lessees shall upon reasonable notice having been furnished to him:

 

  • at all reasonable times permit prospective Purchasers of the property to view the interior of the leased premises; and

 

  • during the period of 6 (six) months immediately preceding the termination or expiry of the lease period, permit prospective tenants to view the interior of the leased premises during reasonable hours of the day, which prospective tenants shall at all times be accompanied by representatives of the Lessees.

 

  • The Lessor may affix to and exhibit in an appropriate place on the leased premises a “To Let” notice or notices during the period of 1 month immediately preceding the termination of the expiry of this lease.

 

  • DAMAGE TO OR DESTRUCTION OF BUILDING OR LEASED PREMISES

 

  • For the purposes of this clause:

 

The building shall be deemed to be rendered partially untenantable if less than 50% (fifty per centum) of the area thereof is destroyed or damaged by fire or other cause; and the building shall be deemed to be rendered substantially untenantable if 50% (fifty per centum) or more of the area thereof is destroyed or damaged by fire or other cause or if any utility or facility in respect of the leased premises (of whatsoever nature) material to the residential occupation thereof by the  Lessees, such that the Lessees cannot reasonably be expected to reside in the premises. The Lessee and Lessor shall jointly appoint an impartial architect to assess whether the building is partially or substantially untenantable.

 

  • If the building is rendered partially untenantable, the Lessor shall expeditiously reinstate it substantially to its form before the damage or destruction and the Lessees shall be entitled to a remission of rent according to the extent and the time during which he is deprived of beneficial occupation of the leased premises. If the building is rendered substantially untenantable, the Lessee shall have the right to cancel this Agreement immediately, in which event neither party shall have any claim against the other.

 

  • The Lessees shall at their own expense, insure the furniture, appliances, fixtures and fittings therein contained, against destruction by fire and should a conflagration take place in the leased premises, the Lessees shall within a reasonable time restore the leased premises to a reasonably habitable state and recommence the leasing thereof.

 

  • INDEMNITY AND LIABILITY OF LESSOR

 

  • Neither the Lessor nor its agents or employees shall be liable for any damage or injury (including loss of life) which may be caused to any of the assets of the Lessees, including stock-in-trade, fixtures, fittings, books, papers or otherwise on the leased premises, or to the Lessees or third parties or invitees in consequence of the overflow of water supply or any leakage or of any fault in the plumbing works or any electrical fault or by reason of any of the elements of the weather or failure on the part of the Lessor or her agents or employees to carry out any work required of any of them in a proper manner or by reason of any defect in the leased premises or any portion of any of the equipment of the Lessor, or as a result of any cause whatsoever, and the Lessees hereby indemnifies the Lessor and holds her harmless against any claim by its employees, third parties or invitees in respect of any such damage, injury or loss of life, save in the event of reckless or wilful conduct on the part of the Lessor.

 

 

  • The Lessees shall have no claim of any nature whatsoever whether for damages, remission of rent or otherwise, against the Lessor, for any failure of or interruption in the supply of water, electricity or other amenities provided to the leased premises, save as is caused by reckless or wilful conduct on the part of the Lessees.

 

 

  • BREACH OF LEASE

 

  • Should any party to this agreement breach any terms of this agreement, and fail to remedy such breach within 14 (fourteen) days or a reasonable period after receipt of a notice in writing calling upon it to do so, or should either of the Lessees be placed in liquidation, whether provisional or final and whether voluntary or compulsory, or under judicial management, whether provisional or final, or should any parties suffer a default judgment to be entered against it and fail within 14 (fourteen) days or a reasonable period after such judgment comes to its knowledge to satisfy or take steps to rescind or appeal same, the aggrieved party shall be entitled but not obliged, notwithstanding any previous waiver or anything to the contrary contained, to either to:

 

  • in the event of the Lessees being in breach, forthwith and without notice to cancel this lease and to resume possession through lawful means of the leased premises, without prejudice to its claim for arrears of rent and other amounts owing hereunder or for damages which it may have suffered by reason of the Lessees’ breach of contract or of the said cancellation; or

 

  • vary this lease by making it thereafter terminable on one month’s written notice given by either party; or

 

  • in the event of the Lessees being in breach, re-enter the leased premises, through lawful means and remove all persons and/or property from the leased premises. Any property so removed shall be stored at the cost and at the risk of the Lessees. The Lessees hereby irrevocably appoints the Lessor as its agent for effecting the sale of any such goods and for effecting any of the aforegoing purposes; or

 

  • cancel this lease and claim direct damages suffered of whatsoever nature arising from the breach; or

 

  • claim specific performance, without any prejudice to any other rights it may have in law.

 

 

  • If the Lessor cancels this lease and the Lessee disputes the Lessor’s right to cancel and remains in occupation of the leased premises, the Lessee shall, pending settlement of such dispute, either by negotiation or litigation, continue to pay (without prejudice to its rights) an amount equivalent to the monthly rent together with all the other charges provided for in this lease, monthly and in advance on the first day of each month and the Lessor shall be entitled to accept and recover such payments, and such payments and the acceptance thereof shall be without prejudice to and shall not in any way whatsoever affect the Lessor’s claim of cancellation then in dispute.

 

 

  • JURISDICTION

 

At the option of the Lessor, any action or application arising out of this lease may be brought in any Magistrates’ Court having jurisdiction in respect of either party, notwithstanding that the amount in issue may exceed the jurisdiction of such Court.

 

  • RELATIONSHIP BETWEEN THE PARTIES

 

  • It is agreed between the parties hereto that the agreement shall not be construed as constituting the Lessees as agent for the Lessor for any purpose whatsoever.

 

  • The Lessees shall not incur any obligations on behalf of the Lessor.

 

  • The Lessee shall not be entitled to collect or receive any payments owing to the Lessor, unless requested to do so in writing by the Lessor, whereupon the payments are to be paid directly to the Lessor immediately upon receipt.

 

  • NO REPRESENTATIONS

 

No party may rely on any representation that allegedly induced that party to enter into this agreement, unless the representation is recorded in this agreement.

 

 

  • INDULGENCE

 

No latitude, indulgence or any other similar act by either party in enforcing any provision of this agreement shall constitute a variation or novation of this agreement, or a waiver of, or estoppel in respect of its rights in terms of this agreement.

 

 

  • AUTHORITY

 

The signatories to this agreement warrant that they are duly authorised to sign this agreement on behalf of the parties hereto.

 

 

  • DOMICILIUM CITANDI ET EXECUTANDI

 

  • The parties choose as their domiciliacitandi et executandi for all purposes under this lease, whether in respect of Court process, notices or other documents or communications of whatsoever nature, the following addresses:

 

The Lessor: ……………………………………………………………………………….

 

 

The Lessees: ……………………………………………………………………………..

 

 

  • Any notice or communication required or permitted to be given in terms of this lease shall be valid and effective only if given in writing and delivered by hand or sent by registered post.

 

  • Either party may by notice to the other, change the physical address chosen as its domiciliumcitandi et executandi to another physical address in the Republic of South Africa, provided that the change shall only become effective on the seventh day after receipt of the notice by the addressee.

 

 

  • Any notice to a party which is:

 

  • sent by prepaid registered post in a correctly addressed envelope to it at its domiciliumcitandi et executandi shall be deemed to have been received on the fifth day after posting (unless the contrary is proved);

 

  • delivered by hand to a responsible person during ordinary business hours at its domiciliumcitandi et executandi shall be deemed to have been received on the day of delivery.

 

 

  • LEGAL COSTS

 

In the event of either party instructing its Attorneys to take measures for the enforcement of any of its rights under this lease and being successful in this regard, the offending party shall pay to the aggrieved party such collection charges and other legal costs, on the Attorney and own client scale, as shall lawfully be charged by such Attorneys to the aggrieved party, on demand therefore by such party.

 

 

  • COSTS

 

  • The costs of preparing this lease shall be borne by the Lessor. The Lessees shall bear the costs of its attorneys’ reviewing the lease.

 

 

 

 

SIGNED AT ______________ON THIS __________ DAY OF ______________________20..

 

 

AS WITNESSES:

 

  1. _____________________________ ______________________________

LESSOR

 

Name: ……………………………                    Name of representative of Lessor:

 

ID Number: ………………………                      ……………………………..

 

 

  1. _____________________________

 

Name: ……………………………

 

ID Number: ………………………

 

 

SIGNED AT ______________ON THIS __________ DAY OF ______________________20..

 

 

AS WITNESSES:

 

  1. _____________________________ ______________________________

LESSEE

 

Name: ……………………………                    Name of representative of Lessee

 

ID Number: ………………………                      ……………………………..

 

 

  1. _____________________________

 

Name: ……………………………

 

ID Number: ………………………

 

 

 

 

 

 

 

 

 

 

 

…………………………. Home Owner’s Association

 

Conduct Rules – August 2005

 

Definition of Common Property – The common property includes all the land that is not unit erven and not capable of exclusive ownership by one individual. All those who own an erf in the scheme jointly own the common property.

 

Please be advised that all residents are required to conform to these Home Owner’s Association Conduct Rules.

It is the owner’s obligation to ensure that residents/ occupants of, and visitors to their units, comply with these rules. Any person found in contravention hereof will be subject to whatever action is deemed necessary by the trustees as prescribed within the constitution.

 

The Trustees reserve the right to levy a penalty of R…… against any owner whose unit’s occupants continue to be in contravention of these rules after one written warning from the trustees or managing agents. This may be levied monthly if the transgression persists.

 

1.         Animals

 

  • The trustees reserve the right to have any pets removed should the animal be observed hunting or harassing any naturally occurring bird or animal in the bird sanctuary or in any way compromise the quality of life of any other resident.

 

  • Animals may not cause unreasonable noise or disturbance to any other resident of the complex.

 

  • Domestic pets not be permitted to roam any part of the Private Area unless they are on a lead and accompanied by their owner. This includes residents’ driveways & the area outside their front doors.

 

 

  • Owners are obliged to pick up and hygienically dispose of their animal’s excrement left on the common property. This includes instances where owners chose to walk their dogs within the Private Areas.

 

2.         Refuse Disposal

 

  • Municipal refuse bins are to be kept within the walls of the individual units and brought outside on the morning of collection day, to minimise disturbance to the complex by people wishing to collect items from the bins.

 

  • No dumping of refuse bags outside individual units except on collection day will be tolerated.

 

  • No foreign objects may be disposed of in the toilets, as the sewage system is prone to blockage in the lower parts of the complex. Toilets to be treated as if connected to a septic tank, i.e. no sanitary towels, food, grease disposable nappies, etc.

 

 

3.         Vehicles

 

  • The parking of any visitors’ vehicles in the parking bays or driveways not belonging to the resident being visited is prohibited. The Visitor’s Parking area must be used for this purpose.

 

  • No cars are to be parked in such a way that a resident cannot gain access to his/her garage, due to another car blocking the driveway.

 

  • No owner or occupier shall park their vehicle in Visitor’s Parking areas, for a continuous period exceeding 48 hours, without written permission from the Trustees.

 

  • The Trustees may cause to be removed or towed away, at the risk and expense of the owner of the vehicle, any vehicle parked, standing or abandoned on the Private Area without the abovementioned Trustees consent.

 

  • Owners and occupiers of units shall ensure that their vehi­cles and the vehicles of their visitors and guests, do not drip oil or brake fluid on the Private Area in any other way deface the common property. Removal or repairs to such shall be for the occupier’s account.

 

  • No owner or occupier shall be permitted to dismantle or affect repairs to any vehicle on any portion of the Private Area.

 

  • No trucks, trailers, caravans or boats will be permitted inside the complex without the written consent of the Trustees.

 

  • Owners or occupants are not permitted to hoot or unreasonably rev their motor vehicles whilst inside the complex.

 

  • No car will be permitted to drive faster than 20km/hr through the complex.

 

  1. Appearance from The Outside, Alterations or Additions, to Units or the Common Property

 

  • An owner or occupier of a unit shall not alter, add to, mark, paint, or otherwise damage any part of the Private Area without first obtaining the written consent of the Trustees.

 

  • The installation of paving must be of such a nature and style that it harmonises with the general colour scheme of the outside of the units. Any exterior paving is to be approved by the Trustees prior to installation.

 

  • The owner or occupier of a unit shall not alter or make additions to the existing property, nor install any structures such as balconies, patios, stoeps, domestic worker accommodation, garden sheds, kennels or aviaries without the written consent of all bordering neighbours and the Trustees.

 

  • A refundable deposit of R…. will be lodged with the Trustees prior to the commencement of work that may cause damage to the common property. This will be refunded by the trustees at their sole discretion on completion of the work.

 

  • Any of the above which is aesthetically displeasing or undesirable when viewed from the outside of the unit will be disallowed in the sole discretion of the Trustees.

 

  • Balconies and windowsills may not be used as storage space, nor may washing be hung in windows. (E.g.: Beds, cupboards, furniture, etc.)

 

  • Care needs to be taken when planting trees as these may affect other residents or common areas or services, such as roots blocking sewage pipes. It is the unit owner’s responsibility to make good any damage so caused, and remove the cause.

 

  • Manholes may not be paved over. Any remedial work is for the owner’s account. In case of emergency, the Board of Trustees reserve the right to access manhole covers to effect repairs should the owner be absent at the time.

 

  • The painting of all walls within and bordering the complex will be to the following paint colour:
  1. ……………………………………………………………………………………………. (…………………………………..)

 

  1. …………………………………………………………………………………………….. ( …………………………………………………………..)

 

  1. Signs and Notices

 

No owner or occupier of a unit, shall not place any sign, notice, billboard or advertisement of any kind whatsoever on any part of the Private Area or of a unit, so as to be visible from outside the unit, without the written consent of the Trustees.

 

No more than one security company sign shall be affixed to the unit buildings, and shall be such that the lower edge of the sign aligns with garage lintels, where affixed to a garage.

 

Estate agent’s boards shall comply with the relevant municipal by-laws.

 

 

 

 

  1. Littering

 

An owner or occupier of a unit shall not deposit, throw, or permit or allow to be deposited or thrown, on the common property any rubbish, including dirt, cigarette butts, food scraps or any other litter whatsoever. Post-boxes are to be cleared daily. Failing the foregoing, any post-boxes may be cleared of junk mail, by an appointee of the Trustees.

 

  1. Letting and selling of Units

 

  • All tenants of units and other persons granted rights of occupancy by any owner of the relevant unit are obliged to comply with these conduct rules, notwithstanding any provision to the contrary con­tained in any lease or any grant of rights of occupancy. All leases are to be reviewed and accepted by a nominee of the Trustees to ensure that this stipulation is included in the proposed lease.

 

  • Owners are obliged to provide their tenants with a copy of these rules and must ensure that they understand and agree to abide by them. Owners remain responsible for their tenants conduct and behaviour.

 

  • Should an owner sell or rent out his unit, they must notify the Trustees in writing within 30 days of the coming into effect of such transaction, of the name and contact details of the new occupant.

 

  • In the event of an owner using the services of a Letting Agent, the owner must provide the Trustees with the Letting Agent’s details and ensure that the Letting Agent is in possession of a copy of these rules.

 

  • Any owner selling their property must ensure through the agent/transferring attorney that the buyer’s acceptance of these Conduct Rules is obtained by suitable provision in the Sale Agreement.

 

 

  1. Levies
  • Annual levies are due and payable immediately at the date of invoice/statement.

 

  • Should levies not be received within one calendar month of date of invoice/statement, a reminder letter will be sent to the defaulting owner. An administrative fee of R 35.00 will be charged to the defaulting owner on sending this letter. Should payment not be received within 14 working days from the date of the reminder letter, the Board of Trustees will hand the defaulting owner over to the Home Owner’s Association’s attorneys who will send out a letter of demand. The costs associated herewith will be borne by the defaulting owner. All further correspondence on this matter will be through the Home Owner’s Association’s attorney and not through the trustees. Should the defaulting owner still not have paid the levies due and the attendant costs and interest, the attorney will automatically issue summons on the defaulting member and will use whatever legal remedy is necessary to collect the outstanding levies together with any legal costs and interest.

 

  • Interest at the maximum rate prescribed by law for lending transactions will be charged on all overdue levies that are more than 30 days in arrears.

 

 

  1. Noise, Conduct and Behaviour

 

  • All occupants are required to have consideration and respect for the occupants of other units and may not cause or be the cause of unreasonable and excessive noise or loud music at any time.

 

  • No noise will be permitted after the hours of 22h00 on weeknights and Sunday nights or 24h00 on Friday and Saturday nights.

 

  • No business that creates a noise or other nuisance may be conducted from the owner’s premises.

 

  • Occupants must ensure that they, their visitors / guests, their children and the children of their visitors / guests do not damage any part of the common property or any other resident’s property and garden areas.

 

 

  • It is acknowledged that children will from time to time play in the driveways or parking areas of the Private Area, but that this is done under the responsibility of the parents or guardians, and the Trustees hold themselves blameless and not liable for any injury that these children may incur.

 

  • Parents of children will be held responsible for any damage that their children cause to individual properties or common areas.

 

  1. Domestic Workers

 

  • Owners / occupiers must ensure that their workers do not cause any noise or disturbance to any other residents in any way.

 

  • Domestic workers or other employees of, or casual workers engaged by, an owner may only overnight at units in such a way that all relevant municipal by-laws and regulations are complied with. Such persons may only overnight (sleep) within the residence proper and not in places such as garages, garden sheds vehicles, etc.

 

  1. General

 

  • All matters for the attention of the Trustees must be submitted in writing care of

 

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  • All complaints must be put in writing for the attention of the Trustees care of

 

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  • Telephonic complaints will not be dealt with unless followed up in writing within seven days.

 

  • Signature hereof will signify that the signatory has clarified any of the foregoing that was unclear with a member of the Board of Trustees.

 

 

 

 

 

 

 

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