a.  It is the duty of the Owners to notify the Trustees, through the Managing Agent, forthwith of any change of ownership in his / her section and of any mortgage or other dealing in connection with his / her section as specified in Section 44 (1) (f) of the Act. 
 
​b.  All Owners selling their units, must subject the exclusive use area of their Section to an inspection by the Trustees.  This measure is unfortunately necessary due to the high number of units being sold with damage or illegal additions and / or alterations, leaving the Body Corporate or new owners to foot the bill for reparations. 

c.  It is the Owner’s responsibility to provide the Trustees, through the Managing Agent, with the details of their Tenant as well as the details of the Letting agent.  The Owner is furthermore responsible for ensuring that said Letting Agent and / or Tenant is furnished with a copy of the House Rules. 

d.  Owners wishing to sell their units must notify Estate Agents and or new Owners of the House Rules. 

a.  The communal property of the complex Weeping Willow shall jointly belong to all the owners of units in the said complex and it is the duty of each owner/resident to protect any part of the communal property as if it were their own private property. 
 
b.  Residents are responsible for the behaviour, acts and omissions of their visitors and shall ensure that such visitors are made aware of, understand and conform to these Rules.  Repeated non-compliance of said visitor or representative of the owner/tenant, will result in those persons(s) being denied admission onto the property. 
 

​ 
a.  Punctual payment of levies is crucial for the efficient running of Weeping Willow. Levies must be paid monthly, in advance (within 7 days of the 1st day of the month).  
 
b.  Non-payment of levy will be dealt by: 
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i.  A first reminder by the Body Corporate in writing, followed by; 

​ii.  A second reminder by the Body Corporate in writing (an admin fee as determined by the Weeping Willow managing agent will be levied on this reminder) cost of which will be borne by the said owner, followed by; 

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iii.  Referring the matter to external entities. 

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c.  Arear account will attract interest. 
 

a.  A maximum of 4 people only, may reside permanently in any one 2-bedroomed unit at any one time and a maximum of 6 people in a 3-bedroomed unit at any one time. 
 
​b.  No people are allowed to stay or sleep in the garages. 
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c.  No authorisation will be granted, whatsoever, for the conversion of a garage into sleeping quarters or offices. 
 
​d.  No portion of any unit may be used other than for the purpose it was intended or designed for. 

a.  In order to prevent large scale of theft, owners must inform the Trustees, through the Managing Agent, 7 days prior to moving in or out of Weeping Willow. 
 
b.  Any moving vehicles are subject to all provisions in Rule 8. 

c.  When moving in or out please ensure that the driver of the removal van does not enter the motor gate without supervision, to avoid damaging the gate.  Owners are responsible for any damage to property during moving.  All breakages must immediately be reported to the Trustees, through the Managing Agent. 

a. Any reparation required to any portion of any property resulting from the actions or negligence of a resident of a section, his / her visitors, employees or contractors will be the responsibility of the Owner of the particular section to repair. 
 
b.    Alterations and Additions 

i.    No alteration may be made to the exterior of the unit as well as the common areas, without the written consent of the Trustees.  Should council approval be required for the alteration, applicants must approach the Trustees for approval in principal before approaching council.  After council approval was obtained, certified copies of proof, as well as copies of any plans, will have to be submitted to the Trustees. 

 

ii.    Aesthetically Appearance with regards to gutters can be found in Annexure C. 

 

iii.    The Trustees may as a last resort revoke approval for any alterations or additions regardless the stage of completion in the following cases: 

 

(1)    The alteration or addition significantly deviates from the proposal presented to the Trustees. 

 

(2)    The project time scales are not adhered to, prolonging the disturbance to and security of other residents. 

 

(3)    The alteration or addition is not being maintained. 

 

iv.    No Thatch Lapas or Wendy houses are allowed. 

 

v.    A resident may not make any alteration whatsoever that is likely to impair the stability of the building and other improvements. 

 

vi.    No satellite dishes, antennas, air-conditioning systems, gates, banners, etc. are to be fitted without prior approval from the Trustees. 

 

vii.    Any Security gates (as well as additional garden gates) installed, will have to conform to the design specification for Weeping Willow. 

 

viii.    A resident may not do anything to his exclusive use area, which is likely to prejudice the harmonious appearance of the building. 

c.    Damage 
 

i.    Those persons having such work done and those persons performing it, shall at all times cooperate closely with the Trustees and shall in consultation with the Trustees, ensure that proper and satisfactory measures are continuously taken to adequately protect the Common Property from damage, defacement, disfigurement or defilement. 

 

ii.    A resident may not use his unit (including the garage) or any part of the common property in such a manner or for any purpose, which is destructive to the building or common property nor permit it to be so used. 

 

iii.    No owner will drive nails, paint, screw into, or otherwise alter or damage the common property 

 

a.    Pests 
 

i.    A resident must keep his exclusive use area free of pests.    

 

ii.    The owner must allow the Trustees to inspect his unit or exclusive use area from time to time and take such action reasonably necessary to eradicate such pests.     

 

iii.    The  Body  Corporate  is  obliged  to  bear  the  costs  of  the eradication,  inspection  and  replacement  of  material,  which  forms  part  the  common property of sections that has been damaged by such pests.   

 

iv.    Any damage to the deeded portion of the unit will be borne by the owner.  Should the damage to common property have been caused by the negligence of the owner of the unit, the costs of repair will be recovered from said owner. 

 
b.    Maintenance by the Body Corporate 
 

i.    The general rules is that the Body Corporate is responsible for all maintenance activities outside units (measured from the median line of its boundary walls).  These responsibilities include: 

(1)    To ensure uniformity the Body Corporate is responsible for the painting, maintenance, repairs and replacement of: 

(a)    Roof tiles. 

 

(b)    The outside window frames. 

 

(c)    The garage doors (Not Mechanism). 

(2)    The periodic treatment of all exterior facing doors (Front, Back, S/Q and Garage). 

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(3)    The care and maintenance of communal gardens. 

 

(4)    The cutting and edging of all lawns of the common property (exclusive use areas included). 

 

(5)    Gates on communal property. 

 

(6)    Replacement of bulbs and repair of electrical infrastructure of all lights on common property, including the “bulkhead” lights at Garages. 

ii.    Maintenance of any item on common property, that was the result of alterations or additions by the unit owner, is not the responsibility of the Body Corporate. 

 

iii.    In the event of malicious damage, neglect or problems resulting from work undertaken by the owner or his contractor on common property, the repair of all above will remain the full responsibility of the owner. 

 
c.    Maintenance by the Owner 

i.    The general rules is that the owner is responsible for all maintenance activities inside units (measured from the median line of its boundary walls).  These maintenance responsibilities include among others: 

 

(1)    Light fittings, electrical outlets, TV aerial outlets, plumbing, individual doors, locks and security gates etc. of their units. 

 

(2)    The garage doors mechanisms of his section. 

 

(3)    Owners shall at all times keep their sections and exclusive use areas in a proper, clean and habitable state. 

 

(4)    Maintenance of the interior paintwork as well as the cost for clearing of blocked drains originating from his/her section. 

(5)    Maintenance of sanitary equipment. 

(6)    The care and maintenance of exclusive use gardens. 

 

ii.    Repair and maintenance of the geyser(s) in the section is the responsibility of individual owners.

 

iii.    Maintenance of any item outside the unit that was the result of alterations or additions by the unit owner will be maintained by the owner.  Examples include gutters installed by the owner, Jacuzzis etc. 

a.    Vehicles of residents, including caravans, boats, trailers, etc., may only be parked in the garages. 
 
b.    All demarcated parking bays may only be utilised by visitors.  These may not be reserved. 

c.    Residents and visitors are not allowed to park in front of the garages or in such a manner so that the driveways and demarcated parking bays are being blocked.  

d.    The Trustees may have any vehicle standing or left on the communal property or in a thoroughfare for vehicles removed or towed away at the cost and the risk of the owner/resident concerned. 

e.    No derelict vehicles may be parked anywhere on the property. 
 
f.    Vehicles residents and visitors may not leak oil or brake fluid on any communal area of Weeping Willow or damage such areas in any way.  In the event of this happening, the account for the cleaning of the paving will be for the account of the owner of the unit. 

g.    The repair, overhaul or reconditioning (i.e. changing oil or brake pads, engine work, spray painting etc.) of motor vehicles is not permitted on the property. 

h.    Washing of cars is only to take place in front of the garage of the unit.  No visitors may wash their cars. No car engines are to be washed on the common property. 

i.    No reckless driving is allowed within the complex.  A speed limit of 15 km/h is enforced. 

j.    No vehicle with a Gross Vehicle Mass (GVM) exceeding 4 Ton will be allowed to enter the Weeping Willow. 
 
k.    It is understood that the parking is purely for residential purposes only.  Parking is not to be used for the daily storage of vehicles to facilitate arrangements such as “lift-clubs”. 

a.    Radio’s, TV’s, musical instruments, record/CD/DVD/VCR players, car radios etc. may not be utilised at such a volume as to cause disturbance to other residents. 
 
b.    No unnecessary disturbances or the use of things as car hooters are allowed. 
 
c.    No excessive revving or other excessive vehicle noise generation are allowed. 
 
d.    No fireworks or crackers are allowed within the complex. 
 
e.    Low noise levels should be maintained at all times, but especially during the following times: 
 

i.    Between 22h00 and 08h00 daily; and 

 

ii.    Between 14h00 and 16h00 Sundays. 

 
f.    Maintenance and/or repairs involving power tools and hammering will not be allowed during the following times: 
 

i.    Between 20h00 and 08h00 on Week days;  

 

ii.    Between 19h00 and 09h00 on Saturdays and Sundays; and 

 

iii.    Between 14h00 and 16h00 on Sundays 

Any gathering held in the complex should be contained within the unit and its exclusive use area at all times.  You are to notify your surrounding neighbours at least 7 days in advance of any social gathering that could cause an inconvenience to them.  Any gathering should be limited to the number of people that can be reasonably accommodated within your “unit”. 

a.    Tags 
 

i.    Access tags must be applied for from the Trustees, through the Managing Agent. 

ii.    Tags are the responsibility of the resident it was issued to and the Trustees, through the Managing Agent, should immediately be informed in the event of a lost tag or loss of a tag due to the dismissal of a Private Worker. 

 

iii.    The following people qualify for the issuing of access tags: 

(1)    Non-resident owners. 

 

(2)    Residents. 

 

(3)    Persons requiring readily access in the interests of Weeping Willow as identified by the Trustees.  These will typically include security services and contractors executing a considerable project. 

 

(4)    Workers (Pedestrian Tags) 

iv.    Types of access 

(1)    Full access tags will only be issued when a vehicle of a person mentioned in Rule 11.a.iii requires access.  Read in conjunction with Rule 8.a, the implication is that only 2 full access tags should be issued per unit. In cases where a unit is rented out and the owners requests a personal tag, a third full access tag may be issued. 

 

(2)    Pedestrians will be issued with pedestrian tags. 

v.    Tag may strictly only be used by the person it was issued to. 

 

b.    Guards 

 

i.    No person may in any way interfere with the duties of Weeping Willow security guards. 

 

ii.    If a guard is witnessed misbehaving or failing to execute his / her duties it must be reported immediately to the Trustees, through the Managing Agent. 

 

c.    For security reasons, kindly ensure that the gate is not left open after entering or leaving the complex. 

 

d.    All Private Workers should have a “Pedestrian” tag to gain entrance and be able to exit Weeping Willow. Application must be done by the owner/resident with days and times the tag will be active.   
 
e.    No tailgating allowed.  If legal owners or visitors tailgate, it is impossible to determine who is unlawfully entering the premises. 

a.    Cats are not allowed as pets in Weeping Willow.  Residents gaining approval for a cat before the update of the House Rules in November 2018 will be unaffected. 
 
b.    Pets are to be registered with the Trustees and will only be allowed with written consent from them. When granting such approval the Trustees may prescribe any reasonable condition. 
 
c.    The Trustees may withdraw approval for pets in the event of any breach of any condition or rule.  
 
d.    Residents are to provide photographs of pets.  All pets are preferably to wear a nametag. 
 
e.    Maximum of 2 pets per unit.  If a current resident has written approval for more than 2 pets, they may keep the pets, but if something happens to a pet, it may not be replaced.  The number of pets needs to be brought down to 2. 
 
f.    When selecting a pet, please take into consideration your pets’ needs, i.e. area required for size of pet. 
 
g.    Should complaints be received regarding your pets’ needs not being taken into consideration, same will be reported to the SPCA. 
 
h.    No aviaries will be authorised. 
 
i.    The following is not negotiable for any animal to be allowed in Weeping Willow: 
 
i.    All pets are to be neutered, and a certified copy of the certificate forwarded to the Trustees. 

 

ii.    You are to ensure your pet remains on your premises and does not hinder your neighbours. 

 

iii.    Aggressive behaviour towards any person within Weeping Willow will not be allowed. 

 

iv.    Noisy behaviour such as mating calls, barking, yelping, howling etc. to the extent that it disturbs other residents are not allowed. 

 

v.    Damage to common property or any property not belonging to the owner of the dog will not be allowed. Residents will be liable to pay for damage caused by their pets. 

 

vi.    Pet excrement on common property will immediately be cleaned by the owner of the pet. 

 
j.    Dog breeds known for behaviour not conducive for the living conditions in Weeping Willow should not be kept.  This includes breeds known to be aggressive, noisy etc. However, it is acknowledged that a dog’s temperament is a large function of the training, conditioning and discipline instilled by its owner and there are no fixed prescription regarding breeds, but the Rules in 12.i and Rule 12.c will strictly apply. 

a.    No resident may deposit rubbish (including dirt, cigarette butts, food scraps or any litter whatsoever) onto any part of the common property except areas clearly marked for refuse disposal, nor may they allow any other person to do so. 
 
b.    All refuse must be in a plastic bag securely tied or knotted or in the case of tins or other containers, completely drained and must be placed directly in the bin provided.  Under no circumstances may refuse be left outside of the unit except if it is placed in the bin provided. 
 
c.    No kitchen refuse, food waste, fats or waste of any kind may be thrown or washed down kitchen drainpipes.  Owners shall be held liable for the clearing of such blockage from the drains emerging from their section. 
 
d.    Refuse bins must be kept in the unit’s exclusive use area, except on refuse collection day, when they should be placed on the common area in front of the unit from where they will be taken to be emptied. 

a.    A resident may not erect his own washing line (other than those erected by the developer), without prior approval. 
 
b.    Washing may not be hung on any part of the building, especially if it is visible from outside the resident’s exclusive use area. 

a.    Residents must see to it that their children and the children of their visitors behave in such a way as not to disturb or inconvenience other residents. 
 
b.    Any damage caused to the common and or any other property by any child, visitor’s children, will be at the parents’ expense.  This includes damage to plants/trees. 
 
c.    Toys left lying around the complex will be disposed of. 
 
d.    No playing in between cars allowed. 
 
e.    No playing of ball games on paved areas. 
 
f.    All playing, by children under the age of 6, outside an exclusive use area to be supervised by a competent adult. 
 
​g.    Owners and residents should be aware of the fact that the Body Corporate and trustees are indemnified against any claims that might arise when children are injured on common property. 

a.    No owner/tenant shall place any sign, notice, billboard or advertisement of any kind whatsoever on any part of the common property or of a unit, so as to be visible from outside the unit, without the written consent of the trustees first having been obtained. 
 
b.    Traffic signs and road markings on the common property must be obeyed.  Traffic must follow entrance and exit signs. 
 
c.    The owner of a unit can, with the written consent of the Trustees, for a maximum of 90 days, display only one “For Sale” board outside the property.  Further consent will be required for the period to be extended.  This extension will only be granted in increments of 30 days each.  The owner may only “show“ his unit on weekends during the 90 day period, with the consent of the Trustees, and the show boards will only be allowed on Saturdays and Sundays between 11h00 and 18h00 

a.    No person shall store any material, or do or permit or allow to be done, any other dangerous act in the building or on the common property, which will or may increase the rate of the premium payable by the body corporate or any insurance policy. 
 
b.    No Guns, Airguns, Paintball guns, bows of any kind, Pellet guns or Catapults are allowed to be used in the complex. 

a.    No business, profession or trade may be conducted from or on the common property or on/from a unit.  No employees or labourers employed for the purpose of any business activity, may report to your unit and no vehicles pertaining to the business may be parked on the common property. 
 
b.    No auctions or jumble sales are permitted on the common property or unit, without the written authorisation of the Trustees 

a.    No trees/plants/shrubs may be planted or removed from the communal gardens without prior written approval from the trustees. 
 
b.    The gardeners are under the management of the Managing Agent and the Trustees.  No requests are to be made to the gardeners by any owner or tenant from Monday to Friday. 

a.    Residents must ensure that their Private Workers do not cause undue noise on the common property or elsewhere. 
 
b.    No private loans may be made to any labourer or any other entity that is providing a service to the Body Corporate and neither the Trustees nor the Managing Agent will take any responsibility in this regard. 

a.    The swimming pool and surrounding fenced area may only be used by residents and their guests.  Guests must be accompanied by the resident whenever they make use of these facilities.  If not, the Trustees may ask them to leave the pool area.  The Trustees reserves the right to restrict the number of guests allowed to use the pool facilities. 
 
b.    It is essential to exercise courtesy and respect for the rights of others to ensure that everybody fully enjoys the facilities.  Residents are responsible for the conduct of their guests.  It is expected of everyone the show good judgment with regard to safety of others and the cleanliness of the water and pool enclosure. 
 
c.    No indecent behaviour or “skinny dipping”. 
 
d.    Children under the age of 12 years must be under adult supervision while inside the pool enclosure. 
 
e.    The pool enclosure may only be entered through the gate.  The gate must be kept closed at all times. 

f.    No pets are allowed into the pool enclosure. 
 
g.    Loud noise is not permitted inside the pool enclosure. 
 
h.    Ball games are not permitted inside the pool enclosure. 
 
i.    Residents can book the swimming pool and surrounding fenced area for their exclusive use. Bookings should be made with the Trustees, through the Managing Agent, at least 7 days in advance. 

j.    Residents should take care not to damage any of the swimming pool equipment, which include, but is not limited to, the pool cleaning equipment.  The pool equipment may not be removed from the swimming pool unless it has been switched off. 

a.    Fire extinguishers and fire hoses are not to be used for any purpose other than that of fighting fires.  Any person found using the fire hoses for any other purpose than firefighting will be liable for prosecution by the Fire department but will also be made to pay for the hose to be resealed by the fire department. 

b.    Do not use fire hoses for washing cars, etc. 

All broken windows and glass doors must be repaired within 14 days. 

No hawkers will be allowed on common property. 

a.    Every resident has a duty to inspect his / her exclusive use areas for damages, leaks, weathering or faults and report such findings to the Trustees, through the Managing Agent.  This will enable the Body Corporate to minimise water damage etc. 
 
b.    No water may be wasted.  Weeping Willow does not meter water on a per unit basis and water wastage or leaks are unacceptable. 

a.    Residents are liable for any damage caused by themselves, children, visitors or Private Workers to the communal property. 
 
b.    The Trustees are exempt from any claims or liabilities resulting from the implementation of the house rules. 

It is trusted that with cooperation and commitment to the House Rules, all at Weeping Willow will live a safer, happier and more carefree life.