The Directives give you a great idea of exactly what to do to lodge rules which have been amended. The application to amend is on CSOS Connect or Form B on the website. The form can also be typed or handwritten.
For new schemes, the Developer must have a Section 10 Compliance certificate for the rules of the scheme as he opens the Sectional Title register.
On existing schemes, the supporting documentation to lodge an application to amend will include signed minutes of the SGM or AGM, notice of the meeting, attendance register and special or unanimous resolution.
Orange light – If the Chief Ombud has not issued a Section 10 certificate, the amended rules are NOT enforceable. If amendments contravene the legislation, are unreasonable or inappropriate, they will be disallowed by the CSOS. The Directives state that the Compliance certificate can be collected from the Centurion Head Office, or on written request, they may courier it to a Regional or Satellite office for collection or to courier.
CAUTION: Section 21 of the STSMA implies that the old Annexure 8 and 9 rules have been repealed and replaced by Annexure 1 and 2. The Directives clarify that any additions or amendments that have been made to those rules will apply as long as they are not contrary to the Annexure 1 and 2 rules in the STSMA.
Did you know: Trustees must inform the Body Corporate of the approved amendment via e-mail or by affixing to the notice board within 7 days after the S10 certificate is received!
Rules must be reasonable, appropriate and not contrary to complementary legislation.
A strategic tip – “CSOS will not issue a certificate of approval of the rules if there is a dispute lodged with CSOS regarding the rules.”
Annexure ‘B’ such a win! CSOS has identified and set aside rules which we know will not be allowed.
If you see these rules, remove them.
26 RULES WHICH WILL NOT PASS SCRUTINY
- Any dispute concerning any breach of the Management and Conduct Rules will be referred to private arbitration, and the occupier will be liable for all costs.
- Should any Conduct Rule be contravened, the Trustees are authorised to or may recover the costs from the owner or occupier. This amount may be debited to the owner’s account and becomes payable immediately.
- An owner or occupier who contravenes any rules of the Body Corporate will be liable to pay a fine of R5000.00.
FIRST TRANSGRESSION NOTICE | SECOND TRANSGRESSION NOTICE
|
In writing to a member or occupier | In writing to a member or occupier |
Explain transgression (offence) | Explain transgression (offence) – relates to the same offence as a first offence |
Advise to stop | Advise to stop |
Give timeframe | Give timeframe |
A member or occupier may dispute the offence | A member or occupier may dispute the offence |
Meet with the Board of Trustees | Meet with the board of Trustees |
No fine may be imposed | Fine may be imposed |
- When, as an owner or occupier, you sign up for personal insurance on your movable property, the Body Corporate must be informed of such insurance or amendments thereto.
As a matter of interest, can there be a rule saying that Trustees must be advised whether an owner holds a mortgage bond?
- Outside the gate, burglar bars, canopies, and roofs which are on common property are the responsibility of the owner.
- An owner may provide a plan to scale, not professionally drafted by an architect or draughtsman, when creating an EUA through the rules.
- The Body Corporate is responsible for all damage to the geyser. Should it be necessary to replace the geyser, the Body Corporate is liable for the excess payable.
- Meetings will be conducted in Portuguese.
- An owner may run a business, profession or trade from their section, exclusive use area or on any part of the common property without the Trustees’ prior written approval.
- Tenants may not be Trustees.
- Trustees are indemnified against all and any claims, whether their actions are negligent or innocent.
- Interest can be charged at any rate set by the Trustees and is not limited to the percentage set by the National Credit Regulator.
- Owners who are in arrears with their levies cannot vote on ordinary, special or unanimous decisions.
- Monies spent on travel and disbursements for CSOS disputes can be claimed from the owner who brings the dispute.
- The domicilium citandi et executandi shall be the address of the section registered in his name.
- No occupier or owner is permitted to consume food on the common property.
- No domestic worker may be permitted to walk around the common property without a name tag.
- The Trustees may force an owner to evict their tenant.
- The Trustees may cause any vehicle to be towed away at the risk and expense of the owner of the vehicle, any vehicle parked, and/or standing or abandoned on the common property.
- The slaughtering of animals for cultural or religious purposes is prohibited in this scheme.
- Guide and assistance pets are prohibited.
- Rentals and sales must go through “Sell Your Property in a Jiff” sales agents.
- Owners may only utilise the services of Airbnb for the short-term rental of their unit.
- The Trustees can disconnect the water or electricity supply without a court order.
- Whereas an owner intends to effect alterations to the interior of his section, work may be undertaken to any weight-bearing wall without the approval and consent of the Trustees.
- There will be no smoking or planting of cannabis in this scheme.