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CONTRACT OF SALE
APARTMENT NO:
RN 10-07
SAMPLE
Annexure “O”
CONTRACT OF SALE : SECTIONAL TITLE : OCEANS UMHLANGA : “OFF PLAN UNIT” : OCEANS RESIDENCE
entered into by:
OCEANS UMHLANGA (PTY) LTD Registration No. 2011/011731/07
herein represented by: PITHABRAM NAICKER he being duly authorised hereto by a resolution of directors (the "SELLER")
Physical Address: 1 Sinembe Park, Douglas Saunders Drive, La Lucia Ridge Postal Address: P.O. Box 4115, The Square, Umhlanga Rocks, 432
and
Barry Buyer (the "PURCHASER")
Postal Address Physical Address
1 Lagoon Drive 1 Lagoon Drive
Umhlanga Umhlanga
KwaZulu Natal KwaZulu Natal
4320 4320
South Africa. South Africa
Tel. No (Home) Other Phone No.
Tel. No (Business) 2731000000 Email Address [email protected]
Cell Phone No. 2781000000 Secondary Email
Identity No./ Passport No. /Registration No. 123000000000
Marital Status (if the PURCHASER is an individual) Not Married
the PURCHASER confirming that it was introduced to the SELLER and the PROPERTY byThe Green Dream
T/A DevMark Global (the “Introductory Agent”).
Page 1
SAMPLE
1 SCHEDULE
1.1 Apartment No. RN10-07
1.2 SECTION No. 1037
1.3 Approximate extent of the SECTION 134.00 m2
1.4 EXCLUSIVE USE AREAS: 1.4.1 Number of parking bay(s) 1 1.4.2 Balcony No.
Approximate Extent B1037 39.60 m2
1.4.3 Lock up garage No. Approximate Extent
N/A .00 m2
1.4.4 Garden Area No. Approximate extent (See clause 5.4 of the CONDITIONS OF SALE)
N/A .00 m2
1.5 Total Purchase Price (including Value Added Tax) (i.e. the aggregate of the amounts referred to in 1.6, 1.7 and 1.8 below)
R 5,930,000.00
1.6 DEPOSITS: 1.6.1 Deposit due on the date of signature hereof by the PURCHASER R 100,000.00 1.6.2 Deposit due by no later than 2016/04/11 R 789,500.00
1.7 Option Consideration paid by the PURCHASER in terms of the OPTION AGREEMENT
R 34,200.00
1.8 Balance (to be paid in accordance with the provisions of 3.3 and 3.4 of the CONTRACT OF SALE)
R 5,006,300.00
1.9 The amount payable by the PURCHASER towards the Levy Stabilisation Fund established by the BODY CORPORATE (see paragraph 3.6 of the CONTRACT OF SALE)
R 45,600.00
1.10 The amount estimated as being the monthly levy payable by the PURCHASER to the BODY CORPORATE
R 3,889.65
1.11 DATE OF POSSESSION (subject to 4 of the CONDITIONS OF SALE)
1 February 2019
1.12 Adjustment purchase price per square metre of the SECTION (see paragraph 4 of the CONTRACT OF SALE)
R 34,158.99
1.13 AMOUNT PAYABLE TO ESTATE AGENT: 1.13.1 Marketing fee payable in accordance with the SELLER’S agency
agreement with the ESTATE AGENT R 59,300.00 (inclusive Value Added Tax)
1.13.2 Sales commission payable on the DATE OF TRANSFER R 148,250.00 (inclusive Value Added Tax)
1.14 Occupational Rental R 59,300.00 per month
1.15 ARCHITECT LYT Architecture
1.16 Date by which Sectional Title Register of the SCHEME is to be opened (see 7.1 and 7.2 of the CONDITIONS OF SALE)
90 days from the DATE OF POSSESSION
1.17 MANAGING AGENT Trafalgar Property Managers
Page 2
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2. SALE
2.1 Subject to and in accordance with the provisions hereof and the CONDITIONS OF SALE annexed hereto as
Annexure "A", the SELLER sells and the PURCHASER purchases the PROPERTY for the purchase price referred to
in 1.5 above.
2.2 The SECTION shall be erected substantially in accordance with the PLAN. The PURCHASER agrees that he shall not
be entitled to amend or procure any amendments to the PLAN. The PURCHASER acknowledges that the SECTION
will be situated on the PARENT PROPERTY in substantially the position as indicated on the SITE PLAN and is to be
built in accordance with the PLAN (see clause 3.1 of the CONDITIONS OF SALE).
*2.3 The PURCHASER agrees that the precise area, boundaries and description of the PROPERTY shall be as shown on
the sectional plan and as finally determined and approved by the Surveyor-General and shall be binding upon the
parties, provided always that the area of the SECTION shall be within 7% (SEVEN PERCENT) of the area referred
to in 1.3 of the CONTRACT OF SALE.
2.4 The PURCHASER agrees that the precise area, boundaries and description of the EXCLUSIVE USE AREAS shall be
as shown on the sectional plan and as finally determined and approved by the Surveyor-General and shall be
binding upon the parties, provided always that the area of the EXCLUSIVE USE AREAS shall be within 10% of the
areas stated in 1.4.2, 1.4.3 and 1.4.4 above.
*Delete if not applicable (i.e. this clause 2.3 to be deleted in the event of the unit being on the 21st
floor or higher)
3. PAYMENT OF THE PURCHASE PRICE
3.1 The amounts referred to in 1.6 of the CONTRACT OF SALE shall be paid to the CONVEYANCERS. Such payments
shall be invested by the CONVEYANCERS in an interest bearing account with ABSA Bank, all interest to accrue for
the benefit of the PURCHASER until the DATE OF TRANSFER whereupon the CONVEYANCERS shall release the
capital to the SELLER and all accrued interest, less their usual fee, to the PURCHASER (the PURCHASER
acknowledges that the CONVEYANCERS are not able to invest the amounts referred to in 1.6, nor any other
amount paid into trust with the CONVEYANCERS, on the PURCHASER’s behalf, until such time as the PURCHASER
has complied with all the requirements of the Financial Intelligence Centre Act No. 28 of 2001 and has signed the
necessary investment mandate, both of which the PURCHASER undertakes to do as soon as reasonably possible in
the circumstances).
3.2 It is recorded that the amount referred to in 1.7 of the CONTRACT OF SALE has been paid by the PURCHASER to
the SELLER, which amount shall be set-off against the purchase price of the PROPERTY on the DATE OF
TRANSFER.
3.3 Subject to 3.4 below, the PURCHASER shall secure the due payment of the amount referred to in 1.8 of the
CONTRACT OF SALE by furnishing the CONVEYANCERS with a guarantee from a registered South African
commercial bank, in a form and on terms acceptable to the CONVEYANCERS for such amount. Such guarantee
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shall be furnished by the PURCHASER within 14 (FOURTEEN) days of request therefore by the CONVEYANCERS.
The aforesaid guarantee shall be payable on the DATE OF TRANSFER. (Should the total purchase price referred to
in 1.5 of the CONTRACT OF SALE be adjusted, as contemplated in 4 of the CONTRACT OF SALE, then in that
event, the amount referred to in 1.8 of the CONTRACT OF SALE shall be adjusted accordingly by the same
amount).
3.4 Alternatively, the PURCHASER shall be entitled to pay the amount referred to in 1.8 of the CONTRACT OF SALE to
the CONVEYANCERS in cash, within the aforesaid 14 (FOURTEEN) day period, which amount shall be invested by
the CONVEYANCERS in an interest bearing account with ABSA Bank, with all interest to accrue for the benefit of
the PURCHASER. This amount shall be paid to the SELLER by the CONVEYANCERS on the DATE OF TRANSFER
and in the event of the PURCHASER choosing this alternative, the PURCHASER shall be deemed to have
irrevocably instructed the CONVEYANCERS to deal with the amount in this manner (i.e. to pay the aforesaid
amount to the SELLER on the DATE OF TRANSFER). The interest on the aforesaid amount shall be released to
the PURCHASER on the DATE OF TRANSFER, (after deduction of the CONVEYANCER’S usual fee).
3.5 It is recorded that the Total Purchase Price, referred to in paragraph 1.5 of the CONTRACT OF SALE, is inclusive of
Value Added Tax at the current rate of 14%. The parties agree that, should there be any change in the rate of
Value Added Tax applicable at the time of supply, as determined in accordance with the Value Added Tax Act 89
of 1991, the Total Purchase Price shall be amended to take into account the adjustment in the Value Added Tax
rate.
3.6 The PURCHASER shall pay the amount referred to in 1.9 above to the CONVEYANCERS, within 7 (SEVEN) days of
request for such payment by the CONVEYANCERS. Such payment shall be invested by the CONVEYANCERS in an
interest bearing account with ABSA Bank, all interest to accrue for the benefit of the PURCHASER until the DATE
OF TRANSFER, whereupon the CONVEYANCERS shall release the capital to the BODY CORPORATE and all accrued
interest, less their usual fee, to the PURCHASER.
3.7 Unless otherwise provided, all payments hereunder shall be made without deduction or demand to the SELLER at
the offices of the CONVEYANCERS. All bank charges incurred by the CONVEYANCERS in connection with this
transaction shall be for the account of the PURCHASER.
*4 ADJUSTMENT TO THE PURCHASE PRICE
4.1 The PURCHASER agrees that the precise area, boundaries and description of the PROPERTY, shall be as shown on
the sectional plan and as finally determined and approved of by the Surveyor-General and shall be binding on the
parties, save as provided for below in this paragraph 4.
4.2 Should the extent of the SECTION, as finally surveyed by the SELLER’S professional land surveyor, differ from the
approximate extent of the SECTION, as referred to in 1.3 above, by 7% or less, then in that event, both parties
agree to accept such extent without in any way effecting the provisions of this CONTRACT and, in particular, there
shall be no adjustment to the purchase price of the SECTION.
4.3 Should the extent of the SECTION, as finally surveyed by the SELLER’S professional land surveyors, differ from the
approximate extent of the SECTION, as referred to in 1.3 above, by more than 7% however, by no more than
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10%, then in that event, the purchase price referred to in 1.5 of the CONTRACT shall be adjusted as follows,
namely:
4.3.1 in the event of the SECTION, as finally surveyed, being greater than the approximate extent stated in clause 1.3
of the CONTRACT OF SALE, then in that event, the purchase price shall be increased by an amount equal to the
increase in size of the SECTION in square metres multiplied by the price per square metre stated in clause 1.12 of
the CONTRACT OF SALE.
4.3.2 in the event of the SECTION, as finally surveyed, being less than the approximate extent of the SECTION as
stated in 1.3 of the CONTRACT OF SALE, then the purchase price shall be decreased by the amount equal to the
decrease in the size of the SECTION in square metres multiplied by the purchase price per square metre stated in
clause 1.12 of the CONTRACT OF SALE.
4.4 Either the PURCHASER and the SELLER shall be entitled to resile from the CONTRACT by giving written notice to
the other party to that effect, if the extent of the SECTION, on final survey, differs by more than 10% (either
greater or smaller), from the extent stated in 1.3 of the CONTRACT, provided that such written notice is given
within 7 (SEVEN) days of written notification from the CONVEYANCERS to the PURCHASER and the SELLER of the
actual surveyed extent of the SECTION. In the event of either the PURCHASER or the SELLER resiling from this
CONTRACT as provided for in this clause, then in that event, this CONTRACT shall be deemed to be null and void
ab initio and no further effect between the parties and neither party shall have any claim against the other (and in
particular, the PURCHASER shall have no claim against the SELLER in respect of improvements it may have made
to the PROPERTY while in occupation thereof), save that the SELLER shall refund to the PURCHASER all amounts
paid in respect of the purchase price on the same terms and conditions as set out in paragraph 8.2 of the
CONTRACT OF SALE and the PURCHASER shall immediately vacate the PROPERTY if in occupation thereof.
Should neither the SELLER or the PURCHASER resile from the CONTRACT, notwithstanding that the extent of the
SECTION, on final survey, differs by more than 10% (either greater or smaller), from the extents stated in 1.3 of
the CONTRACT, then in that event, the purchase price shall be adjusted mutatis mutandis as provided for in
paragraph 4.3.1 or 4.3.2 above (as the case may be).
*Delete if not applicable (i.e. this clause 4 to be deleted in the event of the unit being on the 20th
floor or lower).
5. PHASED DEVELOPMENT
This sale is subject to the following special conditions, which are imposed by the SELLER in terms of Section 11(2)
of the ACT:
5.1 The SELLER, in terms of Section 25 of the ACT, has reserved for itself the real right to extend, for its personal
account, the SCHEME by the erection and completion from time to time but within a period of 20 (TWENTY) years
from the date of the opening of the SCHEME’s Sectional Title Register:
5.1.1 a further building or buildings,
5.1.2 a horizontal extension of an existing building or buildings, and
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5.1.3 a vertical extension of existing buildings,
on part of the common property, to divide such building or buildings into a section or sections and common
property and to confer the right of exclusive use over parts of such common property upon the owner or owners
of one or more of such sections or any other section in the SCHEME.
5.2 The SELLER further reserves the right to “divide” the aforesaid real right to extend the SCHEME by alienating the
right to erect the various SECTIONS to different third parties.
*6 CONSUMER PROTECTION ACT
6.1 The PURCHASER, who is a JURISTIC PERSON, warrants to the SELLER that its asset value or annual turnover, at
the DATE OF SIGNATURE and the DATE OF TRANSFER, shall equal or exceed the threshold determined by the
Minister in terms of section 6 of the CPA (namely, R2,000,000.00 (TWO MILLION RAND)) and, as a consequence,
the sale of the PROPERTY to the PURCHASER in terms of this CONTRACT, is exempt from the provisions of the
CPA (save for the provisions of section 60 and 61 of the CPA).
6.2 It is recorded that the aforesaid warranty is material to the SELLER in entering into this CONTRACT.
6.3 The PURCHASER undertakes, within 21 (TWENTY ONE) days of being requested to do so by the SELLER, to
furnish the SELLER with its last audited financial accounts, and such other financial information in respect to the
PURCHASER as the SELLER may reasonably require, in order to confirm that the PURCHASER’S asset value and/or
turnover is as warranted in paragraph 6.1 above.
* Delete if not applicable
7. MEMBERSHIP OF THE OCEANS RESIDENCE MANAGEMENT ASSOCIATION (RF) NPC
By virtue of the purchase of the PROPERTY, the PURCHASER shall be obliged to become, and remain for the
duration of his ownership of the PROPERTY, a member of the ASSOCIATION within the meaning of, and subject
to, the conditions set out in the ASSOCIATION’S Memorandum of Incorporation (the aims and objectives of the
ASSOCIATION being set out in Annexure “F” hereto) and undertakes that he and all persons deriving use of
OCEANS RESIDENCE or any part thereof through him, from the DATE OF POSSESSION, shall duly comply with all
the obligations imposed upon members under the ASSOCIATION’S Memorandum of Incorporation including the
obligation to pay a monthly levy to the ASSOCIATION, the amount of which shall be determined from time to
time, by the ASSOCIATION’S directors as contemplated in the Memorandum of Incorporation. In no way
detracting from the generality of the aforesaid, the PURCHASER shall be required to sign the ASSOCIATION’S
membership application form (a copy of which is Annexure “H” to the CONDITIONS OF SALE), and do whatever
else may be required, in order for the PURCHASER to become a member of the ASSOCIATION (which, it is
recorded, will include, inter alia, the PURCHASER irrevocably nominating, constituting and appointing the
ASSOCIATION, as its representative, to call, attend and vote at meetings of the BODY CORPORATE, on the
PURCHASER’S behalf, and to the PURCHASER’S exclusion, subject to the rights of the SELLER). If there is any
conflict between what is set out above and the final provisions of the ASSOCIATION’S Memorandum of
Incorporation once registered, the latter shall prevail and the SELLER shall not incur any liability, of any nature
whatsoever, in this regard.
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8. CONDITIONS PRECEDENT
8.1 This CONTRACT shall be subject to, and conditional upon :
8.1.1 the SELLER being granted the necessary finance to develop the SCHEME as envisaged herein
8.1.2 the building plans in respect of the SCHEME being approved of by the eThekwini Municipality and
8.1.3 the SELLER acquiring Portion 2 of Erf 379 Umhlanga Rocks (the Post Office site) and successfully, having same
rezoned to “Special Zone 6” in terms of the applicable Town Planning Scheme
all by no later than 30 August 2016.
8.2 Should any of the aforesaid conditions not be met timeously, then in that event, this CONTRACT shall lapse and be
of no further force and effect between the parties, save that the CONVEYANCERS shall refund to the PURCHASER
any amount paid by the PURCHASER to the CONVEYANCERS in respect of the purchase price together with all
interest that may have accrued thereon while invested with the CONVEYANCERS (less the CONVEYANCERS usual
fee) and the SELLER shall refund to the PURCHASER the amount referred to in 1.7 of the CONTRACT OF SALE (it
being specifically recorded that the PURCHASER shall have no claim for the payment of interest on the amount
referred to in 1.7 of the CONTRACT OF SALE in these circumstances).
8.3 Notwithstanding the aforesaid, it is recorded that the aforesaid conditions have been inserted solely for the benefit
of the SELLER, who may waive compliance with one or more of the aforesaid conditions by sending the
PURCHASER a written notice to this effect signed by the SELLER, prior to the CONTRACT lapsing as a
consequence of its non-fulfilment.
DATED at Durban this 3rd day of April 2016
AS WITNESS:
1. . . . . . . . . . . . . . . . . . . .
____________________________________________________
PURCHASER SIGNATURE:
I acknowledge that I am acquainted with and understand the contents of this
CONTRACT and that all the annexures referred to in this CONTRACT were
attached hereto when I signed same.
*On behalf of
____________________________________________________
(insert name of PURCHASER here)
duly authorized hereto by virtue of a Resolution of Directors/Members/Trustees
____________________________________________________
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CONSENTING SPOUSE
* Delete if not applicable
This portion to be signed by legal guardian / member / director/ trustee in the event of the PURCHASER being a minor / close
corporation / company / trust.
.................................................................................................................................................................................................
(Full names of the Guarantor)
of ...............................................................................................................................................................................................
.................................................................................................................................................................................................
(Full address and telephone number)
hereby consents to the conclusion of this CONTRACT and guarantees and binds himself/herself as surety for and co-principal
debtor in solidum with the PURCHASER to the SELLER for the due and punctual fulfilment and discharge of all the obligations
undertaken by the PURCHASER to the SELLER pursuant to this CONTRACT, under renunciation of the benefits of excussion and
division with the meaning and effect of which benefits and the renunciation thereof he acknowledges himself to be acquainted.
No variation or amendment or novation of this CONTRACT shall prejudice the suretyship obligations hereby undertaken by the
aforesaid guarantor, the object being that he shall remain liable at all times as surety and co-principal debtor, even if this
CONTRACT is varied or amended or novated and even if the aforesaid PURCHASER is granted an indulgence by the SELLER.
DATED at Durban on this 3RD day of April 2016
AS WITNESS:
1. . . . . . . . . . . . . . . . . . . .
____________________________________________________
Guarantor Signature
DATED at Durban on this 3rd day of April 2016
AS WITNESS:
1. . . . . . . . . . . . . . . . . . . .
____________________________________________________
SELLER SIGNATURE
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ANNEXURE "A"
CONDITIONS OF SALE
1 DEFINITIONS AND INTERPRETATION
For the purposes of the CONTRACT OF SALE and the CONDITIONS OF SALE, unless the context indicates to the
contrary -
1.1 "ACT" means the Sectional Titles Act No. 95 of 1986 (as amended) and any regulations in force thereunder;
1.2 “ARCHITECT” means the architect nominated by the SELLER in terms of paragraph 1.15 of the CONTRACT;
1.3 “ASSOCIATION” means the Oceans Residence Management Association (RF) NPC, a non-profit company to be
incorporated by the SELLER in terms of the Companies Act No. 71 of 2008;
1.4 “BODY CORPORATE” means the Body Corporate of the SCHEME once formed as contemplated in the ACT;
1.5 "CONDITIONS OF SALE" means these conditions of sale;
1.6 “CONTRACT" means the CONTRACT OF SALE and all Annexures thereto;
1.7 "CONTRACT OF SALE" means the contract of sale to which these conditions of sale are Annexure "A";
1.8 "CONVEYANCERS" means Garlicke & Bousfield Incorporated, 7 Torsvale Crescent, La Lucia Ridge, 4051;
1.9 “CPA” means the Consumer Protection Act No. 68 of 2008;
1.10 "DATE OF POSSESSION" means the date specified in 1.11 of the CONTRACT OF SALE subject to the provisions of
paragraph 4 of the CONDITIONS OF SALE;
1.11 “DATE OF SIGNATURE” means the date of signature hereof by the last signing of the SELLER or the PURCHASER;
1.12 “DATE OF TRANSFER" means the date of registration of transfer of the PROPERTY into the name of the
PURCHASER in the Deeds Registry in Pietermaritzburg;
1.13 “ESTATE AGENT” means “The Green Dream CC” trading as Devmark Global, Registration Number
1994/018283/23, Fidelity Fund Certificate Reference Number : F110062;
1.14 “EXCLUSIVE USE AREA” means those portions of the Common Property referred to :
1.14.1 in paragraph 1.4.2 of the CONTRACT OF SALE (the balcony), as shown on the plan, which is Annexure “D” hereto,
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1.14.2 in paragraph 1.4.3 of the CONTRACT OF SALE (the lock up garage(s)), as shown on the plan attached hereto
marked Annexure “B” and
1.14.3 in paragraph 1.4.1 of the CONTRACT OF SALE (parking bays), which areas shall be allocated by the SELLER prior
to the DATE OF TRANSFER (see paragraph 5.4 of the CONDITIONS OF SALE) and
1.14.4 in paragraph 1.4.4 of the CONTRACT OF SALE (garden areas), as shown on the plan, which is Annexure “D”
hereto
which the PURCHASER purchases in terms hereof, and which shall be ceded to the PURCHASER on the DATE OF
TRANSFER;
1.15 “JURISTIC PERSON” means a partnership, association, trust, body corporate, company, close corporation or other
legal or juristic person;
1.16 “OCEANS RESIDENCE *SOUTH/NORTH” means the name given to the particular tower block in the SCHEME, of
which the SECTION forms part, the legal and official name of the entire SCHEME being “Oceans Umhlanga”;
*Delete that which is not applicable
1.17 “OCEANS RESIDENCE” means Oceans Residence South and Oceans Residence North, which form part of the
SCHEME;
1.18 “OPTION AGREEMENT” means the Option Agreement entered into between the SELLER and the PURCHASER, in
terms of which the SELLER granted the PURCHASER an option to purchase the PROPERTY and to which this
document is Annexure “O”;
1.19 “PARENT PROPERTY” means proposed Portion 15 of Erf 379 Umhlanga Rocks, Registration Division FU, Province of
KwaZulu-Natal, in extent approximately 4,9066 (FOUR comma NINE ZERO SIX SIX) hectares;
1.20 “PLAN” means the plan of the SECTION being Annexure “D” to the CONDITIONS OF SALE and the Schedule of
specifications and finishes in respect of the SECTION attached hereto marked Annexure “C”;
1.21 “PROPERTY" means the unit to be established in terms of the ACT, consisting of:
1.21.1 the SECTION and
1.21.2 an undivided share in the common property of the SCHEME apportioned to the SECTION in accordance with the
draft participation quota specified in Annexure “E” hereto (it being recorded that the participation quota allocated
to the PROPERTY, in terms of Annexure “E” hereto, is an estimate and is subject to change once all the units in
the SCHEME have been surveyed);
1.21.3 the EXCLUSIVE USE AREA.
1.22 “PURCHASER" means the purchaser in terms of this CONTRACT designated as such in the introductory section of
the CONTRACT OF SALE;
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1.23 “RULES" means the rules of the SCHEME a copy of which is Annexure “J” hereto;
1.24 "SCHEME" means the sectional title scheme known as “OCEANS UMHLANGA” comprising the PARENT
PROPERTY and all buildings constructed and to be constructed thereon;
1.25 “SECTION” means the proposed section in the SCHEME, referred to in paragraph 1.2 of the CONTRACT OF SALE,
which section is shown on the PLAN;
1.26 “SELLER” means OCEANS UMHLANGA Registration No. 2011/011731/07 its successors in title or assigns;
1.27 “SITE PLAN” means the plan which is Annexure “B” hereto;
1.28 words importing a gender shall include all genders and the singular shall include the plural and vice versa;
1.29 words or expressions defined in the ACT shall have the same meanings in this CONTRACT;
1.30 clause headings are inserted purely for convenience and shall not be relevant in interpreting the contents of the
clauses to which they relate;
1.31 if the PURCHASER consists of more than one person, such persons shall be jointly and severally liable in solidum
for all their obligations in terms of this CONTRACT;
1.32 no indulgence or relaxation which the SELLER may allow to the PURCHASER in regard to the carrying out of the
PURCHASER'S obligations in terms of or pursuant to this CONTRACT shall prejudice the SELLER'S rights under this
CONTRACT in any manner whatsoever, or be regarded as a waiver of the SELLER'S rights in terms of this
CONTRACT, or be construed to act as an estoppel against the SELLER to otherwise strictly enforce compliance of
the PURCHASER'S obligations in terms of this CONTRACT;
1.33 any reference to a natural person shall include the legal person and/or an association of persons and vice versa;
1.34 where an expression has been defined, and such definition contains a provision conferring rights or imposing
obligations on any party, effect shall be given to the provision as if it was a substantive provision contained in the
body of this CONTRACT;
1.35 if a number is reflected in numerals and words, the words shall prevail in the event of any conflict between the
two;
1.36 in interpreting this CONTRACT, no provision shall be construed in a limiting fashion or in accordance with the
Eiusdem Generis Rule (i.e. a specific provision of this CONTRACT or any particular issue, shall not be deemed in
any way to detract from any general provision in respect to the same issue).
1.37 the provisions of this CONTRACT, shall be read in conjunction with the provisions of the CPA, and insofar as the
provisions of this CONTRACT are inconsistent with the provisions of the CPA, the provisions of the CPA shall
prevail.
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1.38 any reference to any statute, legislation or regulations shall be deemed to include any lawful amendments thereto
or re-enactments thereof.
1.39 where a number of days are prescribed, they shall consist of all days (i.e. including Saturday, Sunday and Public
Holidays) and shall exclude the first day and include the last day.
1.40 this CONTRACT shall be governed by and construed according to the Laws of the Republic of South Africa.
1.41 the expiration or termination of this CONTRACT shall not affect those provisions of this CONTRACT which
expressly provide that they will operate after any such expiration or termination or, which out of necessity must
continue to have effect after such expiration, notwithstanding the fact that the paragraphs do not expressly
provide this.
1.42 to the extent that the CONTRACT is signed on a date which results in the use of any tense being inappropriate,
the CONTRACT shall be read in the appropriate tense;
1.43 this CONTRACT shall be binding on the enforceable by the administrators, trustees, successors in title, successors
in office, assigns or liquidators of the parties as fully and effectually as if they had signed this CONTRACT in the
first instance and reference to any party shall be deemed to include such party’s administrators, trustees,
successors in title, successors in office, assigns or liquidators, as the case may be;
1.44 this CONTRACT incorporates the annexures (if any), which annexures shall have the same force and effect as the
provisions set out in the body of this CONTRACT. The various documents forming part of this CONTRACT are to
be taken as mutually explanatory. In the event of any conflict or inconsistency the provisions contained in the
main body of the CONTRACT will prevail.
2 LOAN
It is specifically recorded that this CONTRACT is not subject to, or conditional upon, the PURCHASER obtaining a
loan. However, should the PURCHASER obtain a loan to fund the payment of the purchase price of the PROPERTY
or a portion thereof, against the security of, inter alia, the registration of a first mortgage bond against the title
deeds to the PROPERTY on the DATE OF TRANSFER, then in that event:
2.1 in order to expedite the transfer of the PROPERTY to the PURCHASER, it is the intention of the SELLER and the
PURCHASER that the CONVEYANCERS be appointed by the lender, granting the loan referred to above, to attend
to the registration of the mortgage bond over the PROPERTY in favour of the aforesaid lender, on the DATE OF
TRANSFER. The PURCHASER undertakes to utilize its best endeavours to prevail upon the aforesaid lender to
appoint the CONVEYANCERS in this regard and
2.2 it is specifically recorded that it is not a condition of this CONTRACT that the PURCHASER shall be required to sign
a letter of satisfaction in respect of the SECTION, once same is completed, before transfer of the PROPERTY into
the PURCHASER’S name. Should the transfer of the PROPERTY be delayed due to the PURCHASER’S refusal to
sign a letter of satisfaction (or such similar document) which the lender referred to above, may require to be
signed prior to the DATE OF TRANSFER, then in that event, the PURCHASER shall be deemed to be delaying the
DATE OF TRANSFER which will entitle the SELLER to claim mora interest from the PURCHASER as contemplated in
paragraph 18 of the CONDITIONS OF SALE and, in addition, the PURCHASER shall be deemed to be in breach of
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the conditions of this CONTRACT entitling the SELLER to, inter alia, cancel the CONTRACT should the PURCHASER
not rectify such breach within 7 (SEVEN) days of receipt of the notice contemplated in paragraph 10.1 of the
CONDITIONS OF SALE.
3. COMPLETION OF THE SECTION
3.1 The SELLER hereby undertakes to procure that the SECTION is erected substantially in accordance with the PLAN
and is sufficiently complete for beneficial occupation, by the DATE OF POSSESSION, provided the PURCHASER has
paid or duly secured the Total Purchase Price referred to in 1.5 of the CONTRACT OF SALE (as contemplated in
paragraph 3 of the CONTRACT OF SALE).
3.2 The PURCHASER shall not give any instructions of any nature to the ARCHITECT, contractor or sub-contractor(s).
Should the SELLER agree to any deviation from the PLAN, such deviation shall be reduced to writing and any
amounts payable in terms of such deviation shall be payable by the PURCHASER to the SELLER on demand.
3.3 The PURCHASER shall, within 14 (FOURTEEN) days of the DATE OF POSSESSION, deliver to the SELLER a list,
signed by himself, enumerating any defects in the SECTION where same are due to defective materials or
workmanship, and the SELLER shall procure that such defects are made good as expeditiously as possible in the
circumstances. Once such defects have been made good to the satisfaction of the ARCHITECT (acting as an
expert and not an arbitrator and whose decision shall be final and binding on the parties), the PURCHASER shall
have no further claim against the SELLER, save as otherwise provided for herein. Should the PURCHASER fail to
deliver the aforesaid list to the SELLER within the aforesaid 14 (FOURTEEN) day period, then in that event, the
PURCHASER shall be deemed to have inspected the SECTION and not found any defects therein.
3.4 Save as provided in this CONTRACT and in the CPA to the contrary, the PURCHASER purchases the PROPERTY
voetstoots and shall have no claim against the SELLER in respect of any defects whether latent or patent in the
PROPERTY or the common property of the SCHEME.
3.5 If there is any dispute between the PURCHASER and the SELLER as to whether the SECTION has been
constructed substantially in accordance with the PLAN and/or has been erected in substantially the position as
reflected in the SITE PLAN and/or is sufficiently complete for beneficial occupation and/or whether there are any
defects in the SECTION due to defective materials or workmanship, then such dispute shall be referred to the
ARCHITECT (acting as an expert and not as an arbitrator) whose decision shall be final and binding upon the
parties.
3.6 The PURCHASER acknowledges that after the completion of the SECTION, the SELLER and/or its agents,
contractors and workmen may be engaged in erecting other dwellings, driveways and other structures on the
PARENT PROPERTY and the PURCHASER agrees that the SELLER and/or its agents, contractors and workmen shall
at all times have reasonable access to the PARENT PROPERTY for the purposes of carrying out such work as may
be necessary to enable the SELLER to procure the erection and layout of the aforementioned dwellings, driveways
and other structures. The PURCHASER shall have no claim whatever against the SELLER by reason of any
inconvenience or interference with the PURCHASER'S rights arising hereout and the PURCHASER shall not, in any
way whatsoever, interfere with the performance of the aforesaid work.
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3.7 The SELLER warrants that:
3.7.1 the SECTION shall be constructed in a proper and workmanlike manner;
3.7.2 the SECTION will be fit for habitation on the DATE OF POSSESSION;
3.7.3 the SECTION shall be constructed in accordance with:
3.7.3.1 the requirements of the local authority and the National Building Regulations and
3.7.3.2 the terms, plans and specifications referred to in this CONTRACT.
3.7.4 the SCHEME shall be constructed by one or more Construction Industry Development Board approved Grade 9
contractors appointed by the SELLER.
3.8 The SELLER undertakes to:
3.8.1 rectify any major structural defects in the SECTION caused by non-compliance with 3.7 of the CONDITIONS OF
SALE above which occur within a period of five (5) years from the DATE OF POSSESSION and of which the SELLER
is notified of by the PURCHASER within that period;
3.8.2 rectify non-compliance with or deviation from the terms, plans and specifications referred to in this CONTRACT or
any deficiency related to design, workmanship or material, of which the SELLER is notified by the PURCHASER of
within a period of three (3) months from the DATE OF POSSESSION;
3.8.3 repair roof leaks attributable to workmanship, design or materials occurring and of which the SELLER is notified by
the PURCHASER of within a period of twelve (12) months from the DATE OF POSSESSION.
3.9 In no way detracting from the generality of any other provision in this CONTRACT, it is recorded that the SELLER
may, at the SELLER’s discretion, elect not to install any item on the schedule of finishes (which forms part of the
PLAN), provided that the SELLER installs a similar item of similar quality in its place. In the event of there being
any dispute as to whether the item installed by the SELLER is of a similar quality, the certificate by the ARCHITECT
(acting as an expert and an arbitrator) certifying that such item is of a similar quality, shall be final and binding on
the parties.
3.10 Again, in no way detracting from the SELLER’S rights in terms of this CONTRACT or at law, is specifically recorded
that the PURCHASER shall not be entitled to delay or refuse to comply with his obligations in terms of this
CONTRACT (including, but in no way limited to the payment of the deposit and the furnishing of the guarantee
referred to in paragraph 3 of the CONTRACT OF SALE), if it disputes that the PROPERTY is sufficiently complete for
beneficial occupation or should it believe that the SELLER has not complied with his obligations in terms of
paragraph 3.3 of the CONDITIONS OF SALE.
3.11 Notwithstanding anything contained herein or elsewhere, under no circumstances whatsoever, shall the SELLER be
liable to make good any damage to any unit or the common property of the SCHEME caused by the PURCHASER
or the PURCHASER’S employees, contractors, agents, representatives or any other person who comes upon the
SCHEME by virtue of the PURCHASER’S rights thereto. Further, the PURCHASER shall be liable for the costs of
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repairing any damage caused to the common property or any unit in the SCHEME by the PURCHASER, its
contractors, agents, representatives, employees or other persons who come upon the SCHEME by virtue of the
PURCHASER’S rights thereto.
3.12 Notwithstanding anything contained herein or elsewhere, and in no way detracting from the generality of any
other provision of this CONTRACT, it is specifically recorded that the SELLER shall not be liable for the rectification
of any defects or faults in the SECTION caused by surface water, storm water or rain water, normal settlement or
cracking resulting from normal settlement, normal shrinkage, thermo cracking, geological disturbances, or normal
wear and tear from use or neglect by the PURCHASER.
3.13 It is recorded that the Schedule of Finishes of the SECTION, which forms part of the PLAN, makes provision for the
PURCHASER to choose certain finishes for the SECTION from a selection to be provided by the SELLER. The
PURCHASER shall be obliged to make its selection in this regard within 5 (FIVE) days of the SELLER giving the
PURCHASER notice that the aforesaid finishes are available for inspection, failing which the SELLER shall be
entitled to make this selection on the PURCHASER’s behalf.
4 OCCUPATION DATE
4.1 The SELLER hereby undertakes to use its best endeavours to give to the PURCHASER beneficial occupation of the
SECTION by the date stipulated in 1.11 of the CONTRACT OF SALE, provided the PURCHASER has secured the
Total Purchase Price referred to in 1.5 of the CONTRACT OF SALE (as contemplated in paragraph 3 of the
CONTRACT OF SALE).
4.2 If, however, the SELLER is of the opinion that, for whatever reason, the SECTION will not be sufficiently complete
for beneficial occupation by the date specified in 1.11 of the CONTRACT OF SALE, then -
4.2.1 the SELLER shall notify the PURCHASER of such fact at least 60 (SIXTY) days before such date. In such event the
PURCHASER shall accept possession, occupation and use of the SECTION on the date the SELLER notifies him in
writing that the SECTION will be sufficiently complete for beneficial occupation, and such subsequent date shall
(subject to the provisions of paragraph 4.5 below) be deemed for all purposes to be the DATE OF POSSESSION
and
4.2.2 if the SECTION is not sufficiently complete for beneficial occupation within 12 (TWELVE) calendar months after the
date specified in 1.11 of the CONTRACT OF SALE, the PURCHASER shall have the right on notice to the SELLER to
resile from this CONTRACT. In such event the PURCHASER shall be entitled to receive a refund of an amount
equal to the aggregate of all payments made by the PURCHASER in respect of the Total Purchase Price referred to
in 1.5 of the CONTRACT OF SALE and the PURCHASER shall have no claim of whatsoever nature or howsoever
arising against the SELLER for failing for any reason to give possession, occupation and use of the SECTION to the
PURCHASER on or before the DATE OF POSSESSION.
4.3 The SELLER shall be entitled to anticipate the DATE OF POSSESSION on 30 (THIRTY) days written notice to the
PURCHASER provided that such anticipated date shall not be more than 120 (ONE HUNDRED AND TWENTY) days
earlier than the date stated in 1.11 of the CONTRACT OF SALE. Should the SELLER bring the date of possession
forward by giving the PURCHASER the written notice as aforesaid, such date shall be regarded as the DATE OF
POSSESSION for the purposes of this CONTRACT (subject to the provisions of paragraph 4.5 below).
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4.4 In the event of any dispute as to when or whether the SECTION is sufficiently complete for beneficial occupation,
a certificate by the ARCHITECT (acting as an expert and not an arbitrator) certifying that the SECTION is
sufficiently complete for beneficial occupation, shall be final and binding upon the parties.
4.5 Notwithstanding anything contained herein, the PURCHASER shall not be entitled to occupation of the SECTION
until such time as the Total Purchase Price, referred to in paragraph 1.5 of the CONTRACT OF SALE, has been
secured in full, as contemplated in paragraph 3 of the CONTRACT OF SALE. Should the SECTION be sufficiently
complete for beneficial occupation but the amount referred to in 1.5 of the CONTRACT OF SALE not have been
secured in full, then in that event (without prejudice to the SELLER’s rights to claim specific performance or to
any other rights the SELLER may have in terms of this CONTRACT or at law) possession and occupation of the
SECTION shall only be given to the PURCHASER once such amount has been secured and the date of securement
shall be regarded as the DATE OF POSSESSION for the purposes of this CONTRACT.
5. RIGHTS AND OBLIGATIONS IN RESPECT OF OCCUPATION
5.1 The PURCHASER acknowledges that, on the DATE OF POSSESSION, the SCHEME may be incomplete and that he
and every person claiming occupation and use through him may suffer inconvenience from building operations and
from noise and dust resulting therefrom and the PURCHASER shall have no claim whatsoever against the SELLER
by reason of any such inconvenience.
5.2 From the DATE OF POSSESSION the PURCHASER –
5.2.1 shall be entitled to beneficial occupation of the SECTION and the SECTION shall be used only for residential
purposes, subject to compliance with the RULES, and for no other purpose whatsoever;
5.2.2 shall, at his own expense, maintain the interior of the SECTION in a good, clean and thoroughly tenantable and
attractive condition, and where necessary repair or refurbish any damaged item and replace any lost item;
5.2.3 shall, at his own expense, maintain in a good working order and condition all electrical, plumbing and sewerage
installations and appurtenances of whatever nature, serving the SECTION;
5.2.4 shall be entitled to the use and enjoyment, along with occupiers of other sections in the SCHEME, of those parts of
the common property of the SCHEME not subject to rights of exclusive use, subject to the RULES. In using the
common property of the SCHEME, the PURCHASER shall do so in such a manner so as to not interfere unduly or
unreasonably with the lawful rights of the use and enjoyment thereof by other occupiers of the sections in the
SCHEME or other persons lawfully upon the SCHEME. The PURCHASER shall procure that all other occupants of
the SECTION comply with the provisions of this CONTRACT;
5.2.5 shall at all times comply with the provisions of the ACT and the RULES;
5.2.6 waives all claims against the SELLER for any loss or damage to property or any injury to person which the
PURCHASER may sustain in or about the PROPERTY, the SCHEME and indemnifies the SELLER, against any claim
that may be made against the SELLER by an employee of the PURCHASER'S or any tenant, nominee, invitee or
any other person who occupies the SECTION or goes upon the SCHEME by virtue of the PURCHASER'S rights
thereto, for any loss or damage to property or injury to person suffered in or about the SECTION, the SCHEME
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howsoever such loss or damage to property or injury to person may be caused (save for any damage to property
or injury to person caused by the intentional or grossly negligent acts of the SELLER);
5.2.7 shall not, without the prior written consent of the SELLER, make or cause or allow to be made any change or
improvements to the SECTION or remove or demolish any improvements whatever. If any such changes or
improvements are made, with or without the prior written consent of the SELLER, then, without prejudice to any
rights the SELLER may have in terms of the CONTRACT or at law, the PURCHASER shall not have any claim
against the SELLER in respect of any expenditure upon or improvements to the SECTION;
5.2.8 shall be liable for the payment of all services provided to the SECTION and any deposits and fees payable in
connection with the supply of such services. (It is recorded that the ASSOCIATION shall notify the PURCHASER of
the amount of the deposits payable in respect of the water and electricity connections to the SECTION, at least 90
(NINETY) days prior to the DATE OF POSSESSION, which deposits the PURCHASER shall pay to the relevant
service providers prior to the DATE OF POSSESSION). In no way detracting from the aforesaid, it is specifically
recorded that it shall be incumbent upon the PURCHASER, at the PURCHASER’S cost, to make application for the
connection of water, electricity and telephone services to the SECTION.
5.3 The SELLER either personally or through their servants or agents shall be entitled at all reasonable times to have
access to the SECTION and the common property of the SCHEME for the purpose of inspection or to carry out any
maintenance or repairs whether relative to the SECTION or not, and the PURCHASER shall have no claim against
the SELLER for any disturbance in his occupation arising out of the exercise of the rights hereby conferred.
5.4 The PURCHASER shall only be entitled to utilise the EXCLUSIVE USE AREA(S) for their designated purposes in
accordance with the RULES. The PURCHASER shall maintain such EXCLUSIVE USE AREA (as contemplated in the
ACT and RULES), at its cost, in a good and neat condition at all times. The position of the parking bay exclusive
use areas referred to 1.4.1 of the CONTRACT OF SALE, shall be allocated by the SELLER, in its sole and absolute
discretion, prior to the DATE OF TRANSFER.
5.5 The PURCHASER shall not use the SECTION or permit it to be used in such manner or for such purposes as shall
cause a nuisance to any occupier of any section in the SCHEME or interfere with the amenities of the SCHEME or
so as to breach the RULES or any law, ordinance or by-law or provision of the Town Planning Scheme in force in
relation to the SCHEME.
5.6 Save with the prior written consent of the BODY CORPORATE, the maximum number of persons that shall be
entitled to occupy the PROPERTY shall be determined by multiplying the number of bedrooms in the SECTION by
two (it being recorded that, for the purposes of this clause, a studio apartment shall be regarded as having one
bedroom).
5.7 From DATE OF POSSESSION until the DATE OF TRANSFER (both days inclusive), the PURCHASER shall pay to the
SELLER monthly occupational rental in the amount referred to in 1.14 of the CONTRACT OF SALE. The aforesaid
occupational rental, which shall be payable monthly in advance to the SELLER on or before the first day of each
and every month, shall be adjusted pro rata for any period of less than 1 (one) month, and the final adjustment to
be made on the DATE OF TRANSFER.
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6 LEVY AND OTHER CHARGES
6.1 The PURCHASER accepts liability from the DATE OF POSSESSION for the payment of a monthly levy to the
ASSOCIATION in respect of those items contemplated in the ASSOCIATION’S Memorandum of Incorporation
(which will include the levy due to the BODY CORPORATE by the PURCHASER in terms of the ACT). The
PURCHASER shall be required to sign a debit order on an account with a South African registered commercial
bank, in favour of the ASSOCIATION, in order to ensure that the aforesaid monthly levy is paid timeously.
6.2 The amount stated in 1.10 of the CONTRACT OF SALE is an estimation of the monthly levy payable to the
ASSOCIATION, made in good faith by the SELLER and the SELLER shall not be responsible for any inaccuracy in
this estimation. It is recorded that the amount referred to in 1.10 of the CONTRACT OF SALE does not include the
costs of the direct services to be supplied by the Body Corporate to the PURCHASER (for example, the air-
conditioning system and hot and cold water), which shall be billed separately and directly by the Trustees of the
Body Corporate (or their appointed service provider) to the PURCHASER on a monthly basis.
6.3 The PURCHASER agrees that he shall have no right to reclaim from the ASSOCIATION any amount paid by way of
a monthly levy or special levy, save as provided herein.
7 TRANSFER
7.1 The PURCHASER acknowledges that it is not possible for the SELLER to give transfer of the PROPERTY to the
PURCHASER until such time as the Sectional Title Register of the SCHEME is opened in terms of the ACT.
Accordingly, the SELLER undertakes, in a reasonable time and at its own expense, to take such steps as may be
reasonably necessary to procure the opening of the said Sectional Title Register.
7.2 Should the said Sectional Title Register not be opened by the date referred to in 1.16 of the CONTRACT OF SALE,
then failing any agreement to the contrary arrived at between the parties and recorded in writing, either party
shall have the right on notice to the other party to resile from this CONTRACT, provided that such notice is
delivered within 7 days of the date referred to in 1.16 of the CONTRACT OF SALE, and in such event:
7.2.1 the PURCHASER shall be entitled to be refunded all monies paid on account of the purchase price;
7.2.2 save as herein provided, neither party shall have in such event any further claims whatsoever against the other,
nor shall the PURCHASER be entitled to claim or allege any right of occupation or tenancy of the PROPERTY and
7.2.3 the PURCHASER, and every person claiming occupation through the PURCHASER, shall vacate the SECTION on a
date stated in such notice to the SELLER provided that such date shall not be later than 30 (THIRTY) days from
the date of the notice, and the PURCHASER shall re-deliver the SECTION to the SELLER in the same good order
and condition as at the DATE OF POSSESSION, fair wear and tear excepted.
7.3 The CONVEYANCERS shall attend to transfer of the SECTION, and the simultaneous cession of the EXCLUSIVE
USE AREA to the PURCHASER as soon as possible in the circumstances. The PURCHASER shall, within 7 (SEVEN)
days of being called upon to do so by the CONVEYANCERS –
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7.3.1 pay to the CONVEYANCERS all costs of an incidental to the passing of transfer of the SECTION and cession of the
EXCLUSIVE USE AREA, to the PURCHASER, including bond costs, bank charges and all conveyancing fees and
disbursements, and
7.3.2 furnish all such information, sign all such documents and pay all such amounts that may be necessary or required
to enable the CONVEYANCERS to pass transfer of the SECTION and cession of the EXCLUSIVE USE AREA.
7.4 No liability of any nature whatsoever shall attach to the SELLER arising out of any delays in effecting transfer of
the PROPERTY to the PURCHASER.
7.5 The PURCHASER shall be obliged to accept ownership of the PROPERTY subject to –
7.5.1 the conditions, reservations and servitudes which affect the PARENT PROPERTY;
7.5.2 such conditions of sectional title as are imposed by the SELLER and the local authority (which, shall include a title
deed condition in favour of the SELLER to the effect that no signage may be erected on any part of the Common
Property of the SCHEME save with the prior written consent of the SELLER);
7.5.3 any change in the number of the SECTION;
7.5.4 a condition registered, in favour of the SELLER, against the title deeds to the PROPERTY to the effect that the
PROPERTY, or any part thereof, shall not be used for the purposes of a share block scheme under the provisions
of the Share Blocks Control Act, Act 59/1980, a time share scheme under the provisions of the Property Time
Share Control Act 75/1983 or any similar such scheme or any other form of fractional ownership, without the prior
written consent of the SELLER and
7.5.5 a condition registered in favour of the ASSOCIATION, against the title deeds to the PROPERTY, to the effect that
the PROPERTY shall not be transferred or otherwise alienated without the prior written consent of the
ASSOCIATION first being had and obtained.
7.6 It is recorded that in order to effect transfer of the PROPERTY, the CONVEYANCERS shall be required to lodge,
inter alia, a Transfer Duty exemption certificate, issued by the South African Revenue Services (hereinafter in this
paragraph 7.6 referred to as “SARS”) with the Deeds Registry. It is further recorded that SARS have adopted a
policy of not issuing the aforesaid certificate in the event of any party to the transaction in question being in
arrears with the payment of any amounts SARS believes is due to it or otherwise not being in compliance with Tax
Laws. Should SARS refuse to issue a Transfer Duty exemption certificate in respect of the sale of the PROPERTY,
in terms of this CONTRACT, due to the fact that the PURCHASER is in arrears with any payments to SARS or has
otherwise not complied with any Tax Laws, then in that event, the PURCHASER shall be deemed to be in breach
of this CONTRACT OF SALE and the SELLER shall be entitled to cancel this CONTRACT should the PURCHASER not
rectify such breach within 7 (SEVEN) days of receipt of a notice from the SELLER calling upon him to remedy such
breach (as contemplated in paragraph 10.1.1 of the CONDITIONS OF SALE). Further, should there be any delay
in the issue of the aforesaid Transfer Duty exemption certificate by SARS for either of the aforesaid reasons, then
in that event, the PURCHASER shall be deemed to be delaying the registration of transfer which shall entitle the
SELLER to claim mora interest from the PURCHASER as contemplated in paragraph 18 of the CONDITIONS OF
SALE.
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7.7 The PURCHASER acknowledges that:
7.7.1 the documentation necessary to effect transfer of the PROPERTY to the PURCHASER shall be lodged with the
Deeds Registry as part of a set including the transfer of other units in the SCHEME and that no documentation in
the set, including the documentation relating to the transfer of the PROPERTY, can be withdrawn from the Deeds
Registry without the entire set being withdrawn;
7.7.2 if it becomes necessary to withdraw the aforesaid set from the Deeds Registry, due to the fact that the
PURCHASER has not complied with all its obligations under this CONTRACT, the SELLER will suffer damages
including, but in no way limited to, interest payable by the SELLER to the mortgagee of the PARENT PROPERTY
from the date of the withdrawal of the set until the date of its re-lodgement and registration;
7.7.3 the SELLER shall be entitled to recover from the PURCHASER all damages the SELLER may have suffered
(including the aforesaid interest) as a result of the aforesaid set having to be withdrawn and all transfers in the set
having been delayed by virtue of the PURCHASER’s failure to comply with the provisions of this CONTRACT.
8. PURCHASER’S ACKNOWLEDGMENT
8.1 The PURCHASER acknowledges that he is aware of the intended future development of the SCHEME by the
SELLER. Such development is intended to involve the establishment of, inter alia, high quality residential
apartments, a shopping mall and a hotel (as further detailed on the SITE PLAN). The PURCHASER hereby
undertakes that he will, at all times, co-operate with the SELLER in an endeavour to facilitate the success of the
said development. Also in this respect, the PURCHASER undertakes that he shall not interfere with the
proposed development of the SCHEME nor lodge an objection with any competent authority in respect of such
development. In no way detracting from the generality of the aforesaid, in particular the PURCHASER agrees
he shall not object to any application made by or on behalf of the SELLER, its nominee or agent, for special
consent usage, licenses for shopping or commercial rights, rezoning, removal of conditions of title under the
Removal of Restrictive Conditions Act or by way of an application to Court or to any local or other competent
authority, in respect of the PARENT PROPERTY or any portion thereof.
8.2 The PURCHASER acknowledges that:
8.2.1 for reasons of security on the SCHEME and due to the nature of the proposed development of the SCHEME and
the various matters about which any purchaser should become aware when buying into the SCHEME, if the
PURCHASER wishes to dispose of the PROPERTY, or any share therein he shall, to the extent that he requires the
services of an estate agent in regard to such disposal, do so in accordance with this clause;
8.2.2 this clause is inserted for the benefit of the SELLER, who shall be entitled to enforce its terms by law;
8.2.3 any owner who acquires the PROPERTY and who thereafter wishes to dispose of the PROPERTY, shall –
a) to extent that he requires the services of an estate agent, do so exclusively through an estate
agent accredited by the SELLER. In consideration for its rights herein, the SELLER shall procure
that the commission payable to the accredited estate agent shall not exceed 7% (plus Value
Added Tax thereon) of the purchase price of the PROPERTY; and
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b) whether or not he utilises the services of an estate agent, include a clause in any document
pursuant by which he disposes of the PROPERTY on the same terms precisely as this clause so
that any future owner of the PROPERTY shall, to the extent that such owner requires the services
of an estate agent in regard to the disposal of the PROPERTY, be required to appoint only an
estate agent accredited by the SELLER.
8.3 The PURCHASER further acknowledges that in the event of the PURCHASER being an artificial person, such as a
close corporation, company or trust, and in the event of the member, director, shareholder, trustee or beneficiary
of the PURCHASER (as the case may be) wishing to dispose of the member’s interest, shares or beneficial interest
in the PURCHASER (as the case may be) he shall to the extent that such party requires the services of an estate
agent in regard to such disposal, the provisions of paragraph 8.2 of the CONDITIONS OF SALE shall apply mutatis
mutandis.
8.4 All the SELLER’S rights and obligations in terms of paragraph 8.2 and 8.3 hereof shall be ceded and assigned to
the ASSOCIATION by the SELLER by no later than the date that the SELLER no longer owns any section in the
SCHEME or the right to extend the SCHEME by the erection of at least one section (as contemplated in Section
25 of the ACT).
8.5 The PURCHASER acknowledges that in the event of the PURCHASER disposing of the PROPERTY or in the event of
the PURCHASER being an artificial person, such as a close corporation, company or trust and the member’s
interest, shares or beneficial interest (as the case may be), being disposed, of privately, (i.e. without the
assistance of an estate agent), then in that event, the PURCHASER acknowledges that it shall be responsible for
payment of an administration fee charged by the BODY CORPORATE in consideration for attending to its
formalities in this regard.
8.6 When selling the PROPERTY, the PURCHASER shall utilise such documentation (including the standard Sale
Agreement), as is prescribed by the BODY CORPORATE).
8.7 Notwithstanding the provisions of clause 10, in the event of a breach of this clause 8, the SELLER shall be entitled
in its absolute discretion to refuse its written approval as required to the sale and transfer of the PROPERTY until
the provisions of this clause 8 are complied with and no party to this CONTRACT OF SALE shall have any claim for
damages arising out of SELLER’S refusal to give such written approval.
8.8 In order to protect the SELLER’S rights in this regard, the PROPERTY shall be transferred to the PURCHASER,
subject to a condition in the Title Deeds to the PROPERTY to the effect that the PROPERTY, or any portion thereof
or interest therein shall not be alienated or otherwise transferred without the prior written consent of SELLER first
being had and obtained, which consent the SELLER shall grant provided the provisions of this CONTRACT have
been complied with.
8.9 The PURCHASER authorises the SELLER to make such alterations or amendments to the RULES as well as to file
and lodge such altered and amended Rules in the Deeds Registry at Pietermaritzburg, as the SELLER believes is
necessary to give effect to the provisions of this CONTRACT, and so as to provide for the harmonious operation of
this SCHEME, and for that purpose the PURCHASER irrevocably and in rem suam appoints the SELLER as the
PURCHASER’S duly authorized attorney, agent and proxy on the PURCHASER’S behalf, and to the PURCHASER’S
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exclusion, to attend all such meetings and do all such things as are necessary to give effect to the provisions of
this clause.
8.10 For so long as the SELLER owns a section (or the right to extend the SCHEME by the erection of at least one
SECTION, as anticipated in Section 25 of the ACT):
8.10.1 the PURCHASER irrevocably and in rem suam appoints the SELLER to exercise the PURCHASER’S voting rights
with regard to the appointment of the Trustees of the BODY CORPORATE and the appointment of the Managing
Agents of the SCHEME, the PURCHASER acknowledging that the SELLER or its nominee may apply to be
appointed as Managing Agents of the SCHEME, and
8.10.2 the PURCHASER shall not be entitled to vote in favour of the amendment of any of the RULES without the
SELLER’s prior written consent.
8.11 All the SELLER’S rights and obligations in terms of paragraphs 8.9 and 8.10 hereof above shall lapse when the
SELLER no longer owns a section in the SCHEME or the right to extend the SCHEME by the erection of at least one
section (as contemplated in Section 25 of the ACT).
8.12 It is recorded that the SELLER shall be entitled to subdivide any section in the SCHEME owned by it and/or
consolidate any two adjacent sections in the SCHEME owned by it, as the SELLER in its sole and absolute
discretion requires. The PURCHASER hereby consents to the aforesaid subdivisions and consolidations, insofar as
its consent may be required, and hereby irrevocably and in rem suam, nominates, constitutes and appoints any
director of the SELLER, with power of substitution, to call and attend any meeting of the BODY CORPORATE or of
the trustees of the BODY CORPORATE, on the PURCHASER’S behalf, and to vote in favour of any such resolution
that may be required to give effect to any consolidation or subdivision of the sections in the SCHEME that the
SELLER may require, as aforesaid.
8.13 It is recorded that the PURCHASER is agreeable to the SELLER, in the SELLER’s sole and absolute discretion,
allowing time share activities (as contemplated in the Property Time Share Control Act 1983 (as amended)) to be
conducted from certain units in the SCHEME. Should the SELLER, in its sole and absolute discretion, agree to
allow any time share activity to be conducted from any unit in the SCHEME, to the extent that the RULES require
amendment in this regard to allow such activities, the PURCHASER irrevocably and unconditionally agrees to the
RULES being amended and further hereby irrevocably and in rem suam, nominates, constitutes and appoints any
director of the SELLER, with the power of substitution, to call and attend any meeting of the BODY CORPORATE or
of the trustees of the BODY CORPORATE, on the PURCHASER’s behalf (and to the PURCHASER’s exclusion), and
to vote in favour of any such resolution that may be required to amend the RULES to allow time share activity to
be conducted from such units in the SCHEME as the SELLER may agree to. (It is recorded that the PURCHASER’s
consent in terms of this paragraph shall constitute the required consent to the SELLER conducting time share
activities in respect of the units of the SCHEME designated by the SELLER, as contemplated in Regulation 5(b) of
the Property Timeshare Control Act 1983 (as amended)).
8.14 The PURCHASER acknowledges that it understands the English language and considers itself fluent therein.
8.15 The PURCHASER acknowledges that it has had an opportunity to carefully read and consider the provisions of this
CONTRACT and that it has been free to secure independent legal advice in respect of the provisions of same. In
addition, the PURCHASER acknowledges that the SELLER undertook that the SELLER or the CONVEYANCERS,
SAMPLE
23
would explain any provisions of the CONTRACT which the PURCHASER may not have understood fully and, to the
extent that the PURCHASER made the SELLER aware of any provisions of this CONTRACT it did not understand,
such provisions were fully explained to the PURCHASER.
8.16 In no way detracting from the generality of the aforesaid, it is specifically recorded that the PURCHASER has read,
understood and agrees to abide by the RULES (as set out in Annexure “J” hereto). Again, in no way detracting
from the generality of the aforesaid, it is specifically brought to the PURCHASER’S attention that in terms of the
RULES, no dogs, cats or any other pets may be kept within the SCHEME (save that in exceptional
circumstances, such as a blind person requiring the assistance of a guide dog, the body corporate may give
permission for a dog to be kept in these circumstances, subject to conditions it may impose).
9 AGENT'S COMMISSION
9.1 The PURCHASER warrants that it was introduced to the PROPERTY, the SCHEME and the SELLER solely by the
Introductory Agent referred to on the first page of the CONTRACT OF SALE. The PURCHASER indemnifies and
holds harmless the SELLER against any loss, damage or expense sustained, suffered or incurred by the SELLER
arising out of any breach of the foregoing warranty.
9.2 The SELLER shall pay to the ESTATE AGENT the amounts referred to in paragraph 1.13 of the CONTRACT OF
SALE, (it being recorded that in the event of the Introductory Agent, referred to on the first page of the
CONTRACT OF SALE, and the ESTATE AGENT not being the same party, a commission sharing arrangement has
been entered into between the aforesaid Introductory Agent and the ESTATE AGENT in this regard.
10 DEFAULT
10.1 If the PURCHASER :
10.1.1 fails to pay any amount in terms of this CONTRACT, or commits any breach of the remaining conditions of this
CONTRACT or the RULES, and should the PURCHASER fail to remedy such breach within 7 (SEVEN) days of the
date of delivery, if delivered by hand, or receipt if posted by prepaid registered post, of a written notice calling on
him to remedy such breach, or
10.1.2 commits a repetition of such breach within a period of two months after having been warned by the SELLER to
desist therefrom,
the SELLER shall be entitled, without prejudice to any other rights which it may have at law or in terms hereof and
at the SELLER'S election to -
(a) cancel this CONTRACT, and retake possession of the PROPERTY, in which event, the SELLER shall, if the
SELLER so elects, recover any damages however incurred as a result of such cancellation (including any
loss and expenses on a resale, whether by public auction or private treaty), in which case, the amount or
amounts paid to the SELLER or to the CONVEYANCERS (including any amount paid in trust by the
CONVEYANCERS or any interest that may have accrued thereon) shall be retained by the SELLER by way
of set off or partial set off against the damages claimed by the SELLER (it being recorded that the
damages the SELLER may suffer in this regard, may include, loss of interest, agents commission,
marketing fees and expenses, conveyancing fees and other professional fees incurred, holding costs in
SAMPLE
24
respect of the PROPERTY, including but in no way limited to, rates and levies payable in respect of the
PROPERTY and should the property subsequently be resold for a lower purchase price than that referred
to in this CONTRACT, the difference in such purchase price ) or
(b) claim immediate performance by the PURCHASER of all his obligations in terms of this CONTRACT
whether or not the due date for the performance shall otherwise have arrived.
10.2 Notwithstanding the foregoing, should the SELLER exercise any of his rights in terms hereof and should the
PURCHASER dispute the SELLER’S right to do so, then pending the determination of that dispute, the
PURCHASER shall continue to pay all amounts payable in terms of this CONTRACT on the due date thereof, and
to comply with all the terms hereof, and the SELLER shall be entitled to recover and accept such payments
and/or other performance without prejudice to the SELLER’S claim to have exercised its rights in terms hereof,
and in the event of the SELLER succeeding in such dispute, the SELLER shall be entitled to retain such amounts
received in the interim as payment for the occupational rights exercised and/or enjoyed by the PURCHASER in
the interim.
10.3 For all purposes of this CONTRACT any act or omission on the part of any tenant, nominee or other person who
occupies the PROPERTY, or invitee of the PURCHASER, or of such tenant, nominee or other person who occupies
the PROPERTY, or goes upon the SCHEME, shall be deemed to be an act or omission of the PURCHASER.
10.4 Should the SELLER, commit a breach of any of the provisions of this CONTRACT, then the PURCHASER shall be
entitled to give the SELLER written notice to remedy the breach. If the SELLER fails to comply with that notice
within 7 (SEVEN) days of receipt thereof, subject to any other provisions of this CONTRACT to the contrary, the
PURCHASER shall be entitled to cancel this CONTRACT or to claim specific performance, in either event without
prejudice to the PURCHASER’S right to claim damages. The aforegoing is without prejudice to any other rights
the PURCHASER may have in terms of this CONTRACT, common law or statute.
11 JURISDICTION AND COSTS
11.1 In the event of any action or application arising out of this CONTRACT, the parties hereby consent to the
jurisdiction of the Magistrate's Court otherwise having jurisdiction under section 28 of the Magistrate's Court Act of
1944, as amended. Notwithstanding that such proceedings are otherwise beyond the said court's jurisdiction, this
clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said court
pursuant to Section 45 of the Magistrate's Court Act of 1944, as amended.
11.2 Notwithstanding anything to the contrary herein contained either party hereto shall have the right at its sole
option and discretion to institute proceedings in any other court which might otherwise have jurisdiction.
11.3 All legal costs incurred by either party in consequence of any default of the provisions of this CONTRACT by the
other shall be payable by the defaulting party on demand to the maximum amount permitted by Law and shall
include collection charges, the costs incurred by the aggrieved party in endeavouring to enforce such rights
prior to the institution of legal proceedings and the costs incurred in connection with the satisfaction or
enforcement of any judgement awarded in favour of the aggrieved party in relation to, in terms of or arising
out of this CONTRACT.
SAMPLE
25
12 SOLE CONTRACT
The PURCHASER acknowledges that this CONTRACT constitutes the sole basis of the contract between himself and
the SELLER, and that he has not been induced to enter into such contract by any representations or warranties
(including, but in no way limited to, any artist’s impression of the SCHEME) (whether contained in any letter,
brochure, advertising material buyer’s guide or otherwise) other than those contained herein and he shall be
deemed to have satisfied himself in regard to all other relevant matters of whatsoever nature not specially dealt
with herein. The PURCHASER confirms that, to the extent that any representations or warranties in respect of the
PROPERTY were made to the PURCHASER prior to the signature of this CONTRACT, such representations and/or
warranties shall not be binding on the SELLER. Any agreement between the PURCHASER and the SELLER to
cancel, alter or add to this CONTRACT shall not be binding and shall be of no force or effect unless reduced to
writing and signed by the parties hereto, or by their agents acting on their written instructions.
13 INDEMNITY
The SELLER does not warrant any information given in respect of the PROPERTY, whether this
information is given prior to or subsequent to the signing of this CONTRACT, save for the
information in respect of the PROPERTY specifically warranted in this CONTRACT. The SELLER shall
not be liable for any claim of any nature whatsoever that may arise due to any inaccuracies in
information given in good faith by the SELLER to the PURCHASER, his agent or his nominee in
respect of the PROPERTY and the PURCHASER hereby indemnifies the SELLER and holds it harmless
against and in respect of any injury, loss or damage however caused which the PURCHASER may
suffer as a result of any inaccuracies in any information given by the SELLER in good faith (save for
the information specifically warranted in this CONTRACT).
14 DOMICILIUM
14.1 The parties choose as their domicilia citandi et executandi for all purposes under this CONTRACT, whether in
respect of court processes, notices or other documents or communications of whatsoever nature their respective
physical addresses referred to in the heading of this CONTRACT OF SALE.
14.2 Any notice or communication required or permitted to be given in terms of this CONTRACT shall be valid and
effective only if in writing.
14.3 Any party may by notice to any other party change the physical address chosen as its domicilium citandi et
executandi vis-à-vis that party to another physical address in the Republic of South Africa, provided that the
change shall become effective vis-à-vis that address on the 7th business day from the deemed receipt of the
notice by the addressee.
14.4 Any notice to a party:-
14.4.1 sent by prepaid registered post (by airmail if appropriate) in a correctly addressed envelope to it at its domicilium
citandi et executandi shall be deemed to have been received on the 7th business day after posting (unless the
contrary is proved); or
14.4.2 delivered by hand to a responsible person during ordinary business hours at its domicilium citandi et executandi
shall be deemed to have been received on the day of delivery;
SAMPLE
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14.5 Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by
a party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or
delivered to its chosen domicilium citandi et executandi.
15 COSTS
The SELLER shall bear its own costs in connection with the preparation and execution of this CONTRACT.
16 PROHIBITION ON CESSION AND RESALE
The PURCHASER shall not, sell, assign, cede or dispose of the PURCHASER'S rights under this CONTRACT
without the prior written consent of the SELLER. In addition, the PURCHASER may not sell the PROPERTY prior
to the DATE OF TRANSFER.
17 ARREARS
17.1 Any amounts in arrears in terms of this CONTRACT shall bear interest at the rate equal to 2 (TWO) percentage
points above the prime overdraft rate, from time to time, charged by the Standard Bank of South Africa Limited,
which interest shall be calculated monthly in advance from the date that such amount became due.
17.2 A certificate by any manager of the said bank as to such prime overdraft rate, from time to time, shall be prima
facie proof of such rate.
18. MORA INTEREST
18.1 In the event of there being any delay in the DATE OF TRANSFER for which the PURCHASER is responsible or in
the event of the PURCHASER not furnishing the guarantees referred to in paragraph 3 of the CONTRACT OF SALE
timeously, then in that event, the PURCHASER agrees, in addition to any other payment due in terms of this
CONTRACT, to pay interest on the full purchase price at the prime overdraft rate charged by the Standard Bank of
South Africa Limited, from time to time, plus 2 percentage points, calculated from the date the PURCHASER is
notified in writing by the SELLER (or the SELLER'S agent) as being in mora, to the date upon which the
PURCHASER has ceased to be in mora, both days inclusive.
18.2 A certificate by any manager of the said bank as to such prime overdraft rate shall be prima facie proof of such
rate.
19 ELECTRICAL CERTIFICATE
19.1 The SELLER shall at the SELLER'S own expense furnish a certificate of compliance from an accredited person in
respect of all electrical installations in the PROPERTY installed by the SELLER, in accordance with the requirements
of the Electrical Installation Regulations made under the Occupational, Health and Safety Act No. 5 of 1993. Such
certificate shall be delivered to the CONVEYANCERS prior to the DATE OF POSSESSION.
SAMPLE
27
19.2 If the accredited person reports that he is unable to issue such certificate of compliance unless certain works are
taken to the electrical installation, the SELLER shall be entitled to have the work done so that the certificate can be
furnished timeously.
20 TRUSTEE FOR A COMPANY TO BE FORMED
20.1 In the event of the signatory to this CONTRACT, on behalf of the PURCHASER, having concluded this CONTRACT
in his capacity as a Trustee for a company to be formed (which signatory is hereinafter in paragraph 20 referred
to as the “SIGNATORY”), then:
20.1.1 the SIGNATORY by his signature hereto warrants that the said company:
20.1.1.1 will be formed;
20.1.1.2 will ratify and adopt the terms and conditions of the CONTRACT OF SALE; and
20.1.1.3 will provide the SELLER with written proof thereof;
all within a period of 30 days from the date of signature of this CONTRACT OF SALE by the SIGNATORY;
20.2 The SIGNATORY, in his personal capacity hereby under renunciation of the benefits of excussion and division with
the full meaning and effect of which he declares himself to be fully acquainted, binds himself and agrees to bind
himself as surety and co-principal debtor in solidum with the company to be formed by him in favour of the
SELLER for the due and punctual performance of such company's obligations to the SELLER in terms of this
CONTRACT OF SALE;
20.3 If the terms and conditions of Clause 20.1 above are not fulfilled then the SIGNATORY will by his signature to this
CONTRACT OF SALE be deemed ipso facto to have concluded the CONTRACT OF SALE in his personal capacity as
PURCHASER;
21 LETTING
21.1 In order to ensure that any tenant of any SECTION in the SCHEME is made aware of and complies with the
RULES and in order to keep control over persons entering upon the SCHEME, it is agreed that should the
PURCHASER wish to lease the PROPERTY, such lease shall comply with the requirements of the
ASSOCIATION and the BODY CORPORATE, from time to time. In particular, and in no way detracting from the
generality of the aforesaid, it is specifically brought to the PURCHASER’S attention that in terms of the RULES,
an owner shall not be entitled to let his unit for a period of less than 14 (FOURTEEN) days, without the prior
written consent of the ASSOCIATION and, during the Development Period, the Developer and the
ASSOCIATION.
21.2 Further, in the event of the PURCHASER wishing to lease the PROPERTY then, to the extent that the
PURCHASER requires the services of a rental/management agency, to procure a tenant and/or to manage the
PROPERTY while rented, it shall be obliged to utilise an agency appointed by the ASSOCIATION.
SAMPLE
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22 MANAGING AGENT
The PURCHASER agrees to the Managing Agent referred to in 1.17 of the CONTRACT OF SALE being appointed
as the Managing Agent of the BODY CORPORATE for a period of 1 (ONE) year from the date of the opening of
the Sectional Title Register of the SCHEME. In this regard, the PURCHASER hereby irrevocably, nominates,
constitutes and appoints the SELLER to attend any meeting of the BODY CORPORATE, to the PURCHASER’S
exclusion, called for the purposes on voting on the appointment of the aforesaid Managing Agent and to vote in
favour of its appointment on the PURCHASER’S behalf, on terms and conditions the SELLER deems appropriate
in the circumstances.
23. EXPROPRIATION OR DESTRUCTION OF THE COMMON PROPERTY
Notwithstanding anything to the contrary contained in this CONTRACT, in the event of the SELLER being unable
to give the PURCHASER occupation or transfer of the SECTION timeously by reason of :
23.1 the destruction of the SCHEME or a portion thereof or
23.2 the expropriation of the PARENT PROPERTY or a substantial portion thereof
either the SELLER or the PURCHASER shall be entitled to cancel this CONTRACT on written notice to the other
given within a reasonable time and neither party shall have any claim against the other so doing, save that the
SELLER shall refund to the PURCHASER, that amount which it would have been obliged to refund in terms of
clause 8.2 of the CONTRACT OF SALE and the PURCHASER shall immediately vacate the SECTION, unless he
has already vacated or been deprived of possession thereof and save as aforesaid shall have no further claim
against the SELLER
SAMPLE
29
LIST OF ANNEXURES
ANNEXURE “A” CONDITIONS OF SALE
ANNEXURE “B’’ SITE PLAN (SHOWING THE POSITION OF THE SECTION AND
THE LOCK UP GARAGES)
ANNEXURE “C” SCHEDULE OF FINISHES AND SPECIFICATIONS IN RESPECT
OF THE SECTION
ANNEXURE “D” PLAN OF THE SECTION (INCLUDING THE BALCONY EXCLUSIVE
USE AREA)
ANNEXURE “E” DRAFT PARTICIPATION QUOTA
ANNEXURE “F” AIMS AND OBJECTIVES OF THE OCEANS RESIDENCE
MANAGEMENT ASSOCIATION (RF) NPC
ANNEXURE “G” LIST OF FICA DOCUMENTATION REQUIRED BY THE
CONVEYANCERS
ANNEXURE “H: OCEANS RESIDENCE MANAGEMENT ASSOCIATION (RF) NPC
MEMBERSHIP APPLICTION FORM
ANNEXURE “I” INVESTMENT MANDATE
ANNEXURE “J” BODY CORPORATE’S RULES
SAMPLE
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SAMPLE
ANNEXURE “C”
OCEANS UMHLANGA – SUMMARY OF EXTERNAL FINISHES
• All solid walls and columns to be finished in palster and stipple paint, coating to be applied
over ruled joints to all surfaces, including sills, reveals and ledges. • All upstands and parapets to receive copings. • Glazed balustrades to balcony perimeter to comprise framed glazing sections decorated in a
fritt pattern in white to be designed. Glazing to be SANS safety compliant and trimmed with stainless steel or powder coated aluminium sections. Handrails to the spandrel panel to match. Subframe to engineers details.
• The finishes to all soffits to balconies to match walls. Plaster drips to be formed at leading edges.
• All windows and door sections, to be framed in powder coated aluminium frames, housing performance glazing to meet all SANS and XA national building regulations. All locking mechanisms and ironmongery are provided with keys.
• All balconies and walkways will be tiled with non slip tiles and skirting to match. Waterproofing will be laid to all balconies and those walkways exposed to the weather.
• Walkway balutrades will be stainless steel or high impact aluminium. • The roof will be a flat roof, appropriately waterproofed and insulated and accessible for
servicing of equipment. • All walkways and balconies will be illuminated with light fittings. Walkways adjacent to
apartment entrances will recivie flush plastered ceilings. • All apartments will be identifiable by apartment numbers adjacent to or on the front door. • The entire building will be sign posted with emergency and general directional signage, in
addition to any other informational signage. • Exposed steel columns in the common arrivals and lobby areas will be painted. • The central atrium will be partially enclosed to permit natural ventilation • The lifts are enclosed with glazed screens. • Suncreens to the central arrivals area will be powder coated aluminium. • The roof covering to the central arrivals area will be metal sheeting with appropriate insulation.
OCEANS UMHLANGA – SUMMARY OF INTERNAL FINISHES
STUDIO & 1 BEDROOM UNITS – CATEGORY 1
• Imported glazed porcelain tile finish to floors throughout with matching tile skirting in bathrooms and painted skirting elsewhere. Imported wood-look glazed porcelain tile option. Broadloom carpet option for bedroom in 1 Bedroom Unit. Glazed porcelain tile cut to mosaic format for shower floors.
• Full height imported gloss glazed porcelain tiles to 2 bathroom walls and moisture resistant paint to remaining bathroom walls (option to use floor tiles on walls). Painted wall finish to all other areas. Matching tile finish to sills in kitchen and bathroom, painted sills to remaining areas.
• Combination of dropped flush plastered and painted ceilings and skimmed and painted soffits. • 2, 4 Metre high solid wood panelled entrance door and timber frames with paint finish. Hollow
core internal doors with paint finish. Painted MDF architraves and plinth blocks to all doors to match painted MDF skirting. Stainless steel lever handles. Cylinder lock to front door and 2 lever locks to internal doors.
• Corner double bowl Franke (or similar approved) drop-in stainless steel sink in granite kitchen top with duco finished MDF kitchen cupboard units with stainless steel look pull handles and gloss glazed porcelain tile splashback (option to use floor tiles as splashback). Back-painted glass feature wall panel behind hob. Hansgrohe (or similar approved) sink mixer. Siemens (or similar approved) hob, air filter and built-in oven.
• Wall-mounted integrated basin and vanity unit with marine ply substrate and Hansgrohe (or similar approved) mixer. Duravit (or similar approved) wall-hung WC with concealed Geberit cistern and Geberit actuator plate. Optional Hansgrohe (or similar approved) trigger handspray with hose and self-closing valve at WC. Hansgrohe (or similar approved) shower mixer, arm and rose. Geberit shower floor drain. Showerline (or similar approved) framed shower enclosures and doors. Bathroom Butler (or similar approved) stainless steel accessories.
• Duco finished MDF bedroom cupboard units with stainless steel look pull handles. SAMPLE
2 BEDROOM UNITS – CATEGORY 2
• Imported glazed porcelain tile finish to floors throughout with matching tile skirting in bathrooms and painted skirting elsewhere. Imported wood-look glazed porcelain tile option. Broadloom carpet option for Bedrooms. Glazed porcelain tile cut to mosaic format for shower floors.
• Full height imported gloss glazed porcelain tiles to 2 bathroom walls including feature tile wall panel and moisture resistant paint to remaining bathroom walls (option to use floor tiles on walls). Painted wall finish to all other areas. Matching tile finish to sills in kitchen and bathroom, painted sills to remaining areas.
• Combination of dropped flushplastered and painted ceilings and skimmed and painted soffits. • 2, 4 Metre high solid wood panelled entrance door and timber frames with paint finish. Hollow
core internal doors with paint finish. Painted MDF architraves and plinth blocks to all doors to match painted MDF skirting. Stainless steel lever handles. Cylinder lock to front door and 2 lever locks to internal doors.
• Double bowl Franke (or similar approved) drop-in stainless steel sink in granite kitchen top with duco finished MDF kitchen cupboard units with stainless steel look pull handles and gloss glazed porcelain tile splashback (option to use floor tiles as splashback). Back-painted glass feature wall panel behind hob. Hansgrohe (or similar approved) sink mixer. Siemens (or similar approved) hob, air filter and built-in oven.
• Wall-mounted integrated basin and vanity unit with marine ply substrate and Hansgrohe (or similar approved) mixer. Duravit (or similar approved) wall-hung WC with concealed Geberit cistern and Geberit actuator plate. Optional Hansgrohe (or similar approved) trigger handspray with hose and self-closing valve at WC. Freestanding Libra Bathrooms (or similar approved) bath with Hansgrohe (or similar approved) wall-mounted bath mixer/spout. Hansgrohe (or similar approved) shower mixer, arm and rose. Geberit shower floor drain. Showerline (or similar approved) framed shower enclosures and doors. Bathroom Butler (or similar approved) stainless steel accessories.
• Duco finished MDF bedroom cupboard units with stainless steel look pull handles. 3 & 4 BEDROOM UNITS – CATEGORY 3
• Imported porcelain tile finish to floors throughout with matching tile skirting with aluminium trim in bathrooms and Guest WC’s and painted hardwood skirting elsewhere. Imported wood-look porcelain tile option. Broadloom carpet option for Bedrooms. Porcelain tile cut to mosaic format for shower floors.
• Full height imported porcelain tiles to 2 bathroom walls with feature tile wall panel and moisture resistant paint to remaining bathroom walls. Painted wall finish to all other areas. Matching tile finish to sills in kitchen and bathroom, painted sills to remaining areas.
• Combination of dropped flushplastered and painted ceilings and skimmed and painted soffits. • 2, 4 Metre high solid wood panelled entrance door and timber frames with paint finish. Hollow
core internal doors with paint finish. Painted MDF architraves and plinth blocks to all doors to match painted MDF skirting. Stainless steel lever handles. Cylinder lock to front door and 2 lever locks to internal doors.
• Double bowl Franke (or similar approved) drop-in stainless steel sink in stone kitchen top with duco finished MDF or veneered kitchen cupboard units with stainless steel pull handles and back-painted glass splashback (option to use floor tiles as splashback). Back-painted glass feature wall panel behind hob. Hansgrohe (or similar approved) sink mixer. Miele (or similar approved) hob, air filter and built-in oven.
• Wall-mounted integrated basin and vanity unit with marine ply substrate and Hansgrohe (or similar approved) mixer. Duravit (or similar approved) wall-hung WC with concealed Geberit cistern and Geberit actuator plate. Optional Hansgrohe (or similar approved) trigger handspray with hose and self-closing valve at WC. Freestanding Libra Bathrooms (or similar approved) bath with Hansgrohe (or similar approved) floor-mounted bath mixer/spout. Hansgrohe (or similar approved) shower mixer, arm and rose. Geberit shower floor drain. Showerline (or similar approved) frameless toughened glass shower enclosures and doors. Hansgrohe (or similar approved) stainless steel accessories.
• Duco finished MDF bedroom cupboard units with stainless steel pull handles. NOTE: All finishes as per Architect and Interior Designers specification.
SAMPLE
10
9
8
7
1
2
3
4
5
11
6
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RN
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10
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RN
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-06
10
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RN
10
-07
10
37
RN
10
-12
10
42
RN
10
-11
10
41
RN
10
-10
10
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RN
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-09
10
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RN
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3184
98
5
20
15
4230
19
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30
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30
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12
85
985
4760
2600
48
80
47
10
2600
23
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1466
16
00
54
90
29
90
6471
3256
2415
3407
38
86
1652
897
ARCHITECTURE.CONCEPTS.LIFE.FORM.SPACE
UNIT NO:
SECT NO:
UNIT AREA:
BALCONY AREA:
ANNEXURE "D(2)"
RN10-07
1037
134m²
39.6m²SAMPLE
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ion
Quo
ta %
Unit
No.
Sect
. No
.Ar
ea m
2Pa
rtic
ipat
ion
Quo
ta %
RS7-
0110
076
0.03
30RS
11-0
414
476
0.03
30RS
14-1
218
838
0.01
65RS
18-0
823
276
0.03
30RS
22-0
627
613
40.
0582
RS7-
0210
113
40.
0582
RS11
-05
145
760.
0330
RS15
-01
189
380.
0165
RS18
-09
233
760.
0330
RS22
-07
277
800.
0347
RS7-
0310
213
40.
0582
RS11
-06
146
134
0.05
82RS
15-0
219
060
0.02
60RS
18-1
023
476
0.03
30RS
22-0
827
876
0.03
30RS
7-04
103
760.
0330
RS11
-07
147
134
0.05
82RS
15-0
319
154
0.02
33RS
18-1
123
538
0.01
65RS
22-0
927
976
0.03
30RS
7-05
104
760.
0330
RS11
-08
148
760.
0330
RS15
-04
192
760.
0330
RS18
-12
236
380.
0165
RS22
-10
280
760.
0330
RS7-
0610
576
0.03
30RS
11-0
914
976
0.03
30RS
15-0
519
376
0.03
30RS
19-0
123
738
0.01
65RS
23-0
128
176
0.03
30RS
7-07
106
380.
0165
RS11
-10
150
760.
0330
RS15
-06
194
134
0.05
82RS
19-0
223
860
0.02
60RS
23-0
228
276
0.03
30RS
8-01
107
380.
0165
RS11
-11
151
380.
0165
RS15
-07
195
134
0.05
82RS
19-0
323
954
0.02
33RS
23-0
328
376
0.03
30RS
8-02
108
380.
0165
RS11
-12
152
380.
0165
RS15
-08
196
760.
0330
RS19
-04
240
760.
0330
RS23
-04
284
800.
0347
RS8-
0310
976
0.03
30RS
12-0
115
338
0.01
65RS
15-0
919
776
0.03
30RS
19-0
524
176
0.03
30RS
23-0
528
513
40.
0582
RS8-
0411
013
40.
0582
RS12
-02
154
600.
0260
RS15
-10
198
760.
0330
RS19
-06
242
134
0.05
82RS
23-0
628
613
40.
0582
RS8-
0511
113
40.
0582
RS12
-03
155
540.
0233
RS15
-11
199
380.
0165
RS19
-07
243
134
0.05
82RS
23-0
728
780
0.03
47RS
8-06
112
760.
0330
RS12
-04
156
760.
0330
RS15
-12
200
380.
0165
RS19
-08
244
760.
0330
RS23
-08
288
760.
0330
RS8-
0711
376
0.03
30RS
12-0
515
776
0.03
30RS
16-0
120
138
0.01
65RS
19-0
924
576
0.03
30RS
23-0
928
976
0.03
30RS
8-08
114
760.
0330
RS12
-06
158
134
0.05
82RS
16-0
220
260
0.02
60RS
19-1
024
676
0.03
30RS
23-1
029
076
0.03
30RS
8-09
115
380.
0165
RS12
-07
159
134
0.05
82RS
16-0
320
354
0.02
33RS
19-1
124
738
0.01
65RS
24-0
129
176
0.03
30RS
8-10
116
380.
0165
RS12
-08
160
760.
0330
RS16
-04
204
760.
0330
RS19
-12
248
380.
0165
RS24
-02
292
760.
0330
RS9-
0111
738
0.01
65RS
12-0
916
176
0.03
30RS
16-0
520
576
0.03
30RS
20-0
124
938
0.01
65RS
24-0
329
376
0.03
30RS
9-02
118
600.
0260
RS12
-10
162
760.
0330
RS16
-06
206
134
0.05
82RS
20-0
225
060
0.02
60RS
24-0
429
480
0.03
47RS
9-03
119
540.
0233
RS12
-11
163
380.
0165
RS16
-07
207
134
0.05
82RS
20-0
325
154
0.02
33RS
24-0
529
613
40.
0582
RS9-
0412
076
0.03
30RS
12-1
216
438
0.01
65RS
16-0
820
876
0.03
30RS
20-0
425
276
0.03
30RS
24-0
629
613
40.
0582
RS9-
0512
176
0.03
30RS
13-0
116
538
0.01
65RS
16-0
920
976
0.03
30RS
20-0
525
376
0.03
30RS
24-0
729
780
0.03
47RS
9-06
122
134
0.05
82RS
13-0
216
660
0.02
60RS
16-1
021
076
0.03
30RS
20-0
625
413
40.
0582
RS24
-08
298
760.
0330
RS9-
0712
313
40.
0582
RS13
-03
167
540.
0233
RS16
-11
211
380.
0165
RS20
-07
255
134
0.05
82RS
24-0
929
976
0.03
30RS
9-08
124
760.
0330
RS13
-04
168
760.
0330
RS16
-12
212
380.
0165
RS20
-08
256
760.
0330
RS24
-10
300
760.
0330
RS9-
0912
576
0.03
30RS
13-0
516
976
0.03
30RS
17-0
121
338
0.01
65RS
20-0
925
776
0.03
30RS
25-0
130
111
50.
0499
RS9-
1012
676
0.03
30RS
13-0
617
013
40.
0582
RS17
-02
214
600.
0260
RS20
-10
258
760.
0330
RS25
-02
302
138
0.05
99RS
9-11
127
380.
0165
RS13
-07
171
134
0.05
82RS
17-0
321
554
0.02
33RS
20-1
125
938
0.01
65RS
25-0
330
313
40.
0582
RS9-
1212
838
0.01
65RS
13-0
817
276
0.03
30RS
17-0
421
676
0.03
30RS
20-1
226
038
0.01
65RS
25-0
430
413
40.
0582
RS10
-01
129
380.
0165
RS13
-09
173
760.
0330
RS17
-05
217
760.
0330
RS21
-01
261
760.
0330
RS25
-05
305
138
0.05
99RS
10-0
213
060
0.02
60RS
13-1
017
476
0.03
30RS
17-0
621
813
40.
0582
RS21
-02
262
760.
0330
RS25
-06
306
115
0.04
99RS
10-0
313
154
0.02
33RS
13-1
117
538
0.01
65RS
17-0
721
913
40.
0582
RS21
-03
263
760.
0330
RS26
-01
307
115
0.04
99RS
10-0
413
276
0.03
30RS
13-1
217
638
0.01
65RS
17-0
822
076
0.03
30RS
21-0
426
480
0.03
47RS
26-0
230
813
80.
0599
RS10
-05
133
760.
0330
RS14
-01
177
380.
0165
RS17
-09
221
760.
0330
RS21
-05
265
134
0.05
82RS
26-0
330
913
40.
0582
RS10
-06
134
134
0.05
82RS
14-0
217
860
0.02
60RS
17-1
022
276
0.03
30RS
21-0
626
613
40.
0582
RS26
-04
310
134
0.05
82RS
10-0
713
513
40.
0582
RS14
-03
179
540.
0233
RS17
-11
223
380.
0165
RS21
-07
267
800.
0347
RS26
-05
311
138
0.05
99RS
10-0
813
676
0.03
30RS
14-0
418
076
0.03
30RS
17-1
222
438
0.01
65RS
21-0
826
876
0.03
30RS
26-0
631
211
50.
0499
RS10
-09
137
760.
0330
RS14
-05
181
760.
0330
RS18
-01
225
380.
0165
RS21
-09
269
760.
0330
RS27
-01
313
115
0.04
99RS
10-1
013
876
0.03
30RS
14-0
618
213
40.
0582
RS18
-02
226
600.
0260
RS21
-10
270
760.
0330
RS27
-02
314
138
0.05
99RS
10-1
113
938
0.01
65RS
14-0
718
313
40.
0582
RS18
-03
227
540.
0233
RS22
-01
271
760.
0330
RS27
-03
315
134
0.05
82RS
10-1
214
038
0.01
65RS
14-0
818
476
0.03
30RS
18-0
422
876
0.03
30RS
22-0
227
276
0.03
30RS
27-0
431
613
40.
0582
RS11
-01
141
380.
0165
RS14
-09
185
760.
0330
RS18
-05
229
760.
0330
RS22
-03
273
760.
0330
RS27
-05
317
138
0.05
99RS
11-0
214
260
0.02
60RS
14-1
018
676
0.03
30RS
18-0
623
013
40.
0582
RS22
-04
274
800.
0347
RS27
-06
318
115
0.04
99RS
11-0
314
354
0.02
33RS
14-1
118
738
0.01
65RS
18-0
723
113
40.
0582
RS22
-05
275
134
0.05
82RS
28-0
131
934
40.
1493
RS28
-02
320
344
0.14
93To
tal
1839
2m2
7.98
35
Oce
ans R
esid
entia
l - S
outh
Tow
er -
Part
icipa
tion
Quo
taTo
tal A
rea
= 18
392
m2
- Tot
al P
artic
ipat
ion
Quo
ta =
7.9
835
Prin
ted
at 0
1:04
PM
2016
-03-
10
P
age
1 of
3
5
800
Ocea
ns P
Q -
2016
03
08.x
lsx
ANNE
XURE
“E”
SAMPLE
Uni
t No.
Sect
. N
o.Ar
ea m
2Pa
rtici
patio
n Q
uota
%U
nit N
o.Se
ct.
No.
Area
m2
Parti
cipa
tion
Quo
ta %
Uni
t No.
Sect
. N
o.Ar
ea m
2Pa
rtici
patio
n Q
uota
%U
nit N
o.Se
ct.
No.
Area
m2
Parti
cipa
tion
Quo
ta %
Uni
t No.
Sect
. N
o.Ar
ea m
2Pa
rtici
patio
n Q
uota
%RN
7-01
1000
380.
0165
RN11
-03
1045
760.
0330
RN14
-12
1090
380.
0165
RN18
-09
1135
760.
0330
RN22
-08
1180
760.
0330
RN7-
0210
0176
0.03
30RN
11-0
410
4676
0.03
30RN
15-0
110
9138
0.01
65RN
18-1
011
3654
0.02
33RN
22-0
911
8176
0.03
30RN
7-03
1002
760.
0330
RN11
-05
1047
760.
0330
RN15
-02
1092
380.
0165
RN18
-11
1137
600.
0260
RN22
-10
1182
760.
0330
RN7-
0410
0376
0.03
30RN
11-0
610
4813
40.
0582
RN15
-03
1093
760.
0330
RN18
-12
1138
380.
0165
RN23
-01
1183
760.
0330
RN7-
0510
0413
40.
0582
RN11
-07
1049
134
0.05
82RN
15-0
410
9476
0.03
30RN
19-0
111
3938
0.01
65RN
23-0
211
8476
0.03
30RN
7-06
1005
134
0.05
82RN
11-0
810
5076
0.03
30RN
15-0
510
9576
0.03
30RN
19-0
211
4038
0.01
65RN
23-0
311
8576
0.03
30RN
7-07
1006
760.
0330
RN11
-09
1051
760.
0330
RN15
-06
1096
134
0.05
82RN
19-0
311
4176
0.03
30RN
23-0
411
8680
0.03
47RN
7-08
1007
380.
0165
RN11
-10
1052
540.
0233
RN15
-07
1097
134
0.05
82RN
19-0
411
4276
0.03
30RN
23-0
511
8713
40.
0582
RN8-
0110
0838
0.01
65RN
11-1
110
5360
0.02
60RN
15-0
810
9876
0.03
30RN
19-0
511
4376
0.03
30RN
23-0
611
8813
40.
0582
RN8-
0210
0938
0.01
65RN
11-1
210
5438
0.01
65RN
15-0
910
9976
0.03
30RN
19-0
611
4413
40.
0582
RN23
-07
1189
800.
0347
RN8-
0310
1076
0.03
30RN
12-0
110
5538
0.01
65RN
15-1
011
0054
0.02
33RN
19-0
711
4513
40.
0582
RN23
-08
1190
760.
0330
RN8-
0410
1176
0.03
30RN
12-0
210
5638
0.01
65RN
15-1
111
0160
0.02
60RN
19-0
811
4676
0.03
30RN
23-0
911
9176
0.03
30RN
8-05
1012
760.
0330
RN12
-03
1057
760.
0330
RN15
-12
1102
380.
0165
RN19
-09
1147
760.
0330
RN23
-10
1192
760.
0330
RN8-
0610
1313
40.
0582
RN12
-04
1058
760.
0330
RN16
-01
1103
380.
0165
RN19
-10
1148
540.
0233
RN24
-01
1193
760.
0330
RN8-
0710
1413
40.
0582
RN12
-05
1059
760.
0330
RN16
-02
1104
380.
0165
RN19
-11
1149
600.
0260
RN24
-02
1194
760.
0330
RN8-
0810
1576
0.03
30RN
12-0
610
6013
40.
0582
RN16
-03
1105
760.
0330
RN19
-12
1150
380.
0165
RN24
-03
1195
760.
0330
RN8-
0910
1638
0.01
65RN
12-0
710
6113
40.
0582
RN16
-04
1106
760.
0330
RN20
-01
1151
380.
0165
RN24
-04
1196
800.
0347
RN8-
1010
1738
0.01
65RN
12-0
810
6276
0.03
30RN
16-0
511
0776
0.03
30RN
20-0
211
5238
0.01
65RN
24-0
511
9713
40.
0582
RN8-
1110
1838
0.01
65RN
12-0
910
6376
0.03
30RN
16-0
611
0813
40.
0582
RN20
-03
1153
760.
0330
RN24
-06
1198
134
0.05
82RN
9-01
1019
380.
0165
RN12
-10
1064
540.
0233
RN16
-07
1109
134
0.05
82RN
20-0
411
5476
0.03
30RN
24-0
711
9980
0.03
47RN
9-02
1020
380.
0165
RN12
-11
1065
600.
0260
RN16
-08
1110
760.
0330
RN20
-05
1155
760.
0330
RN24
-08
1200
760.
0330
RN9-
0310
2176
0.03
30RN
12-1
210
6638
0.01
65RN
16-0
911
1176
0.03
30RN
20-0
611
5613
40.
0582
RN24
-09
1201
760.
0330
RN9-
0410
2276
0.03
30RN
13-0
110
6738
0.01
65RN
16-1
011
1254
0.02
33RN
20-0
711
5713
40.
0582
RN24
-10
1202
760.
0330
RN9-
0510
2376
0.03
30RN
13-0
210
6838
0.01
65RN
16-1
111
1360
0.02
60RN
20-0
811
5876
0.03
30RN
25-0
112
0311
50.
0499
RN9-
0610
2413
40.
0582
RN13
-03
1069
760.
0330
RN16
-12
1114
380.
0165
RN20
-09
1159
760.
0330
RN25
-02
1204
138
0.05
99RN
9-07
1025
134
0.05
82RN
13-0
410
7076
0.03
30RN
17-0
111
1538
0.01
65RN
20-1
011
6054
0.02
33RN
25-0
312
0513
40.
0582
RN9-
0810
2676
0.03
30RN
13-0
510
7176
0.03
30RN
17-0
211
1638
0.01
65RN
20-1
111
6160
0.02
60RN
25-0
412
0613
40.
0582
RN9-
0910
2776
0.03
30RN
13-0
610
7213
40.
0582
RN17
-03
1117
760.
0330
RN20
-12
1162
380.
0165
RN25
-05
1207
138
0.05
99RN
9-10
1028
540.
0233
RN13
-07
1073
134
0.05
82RN
17-0
411
1876
0.03
30RN
21-0
111
6376
0.03
30RN
25-0
612
0811
50.
0499
RN9-
1110
2960
0.02
60RN
13-0
810
7476
0.03
30RN
17-0
511
1976
0.03
30RN
21-0
211
6476
0.03
30RN
26-0
112
0911
50.
0499
RN9-
1210
3038
0.01
65RN
13-0
910
7576
0.03
30RN
17-0
611
2013
40.
0582
RN21
-03
1165
760.
0330
RN26
-02
1210
138
0.05
99RN
10-0
110
3138
0.01
65RN
13-1
010
7654
0.02
33RN
17-0
711
2113
40.
0582
RN21
-04
1166
800.
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Tota
l18
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28.
0165
Oce
ans R
esid
entia
l - N
orth
Tow
er -
Parti
cipa
tion
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taTo
tal A
rea
= 18
468
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- Tot
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2016
-03-
10
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Oce
ans P
Q -
2016
03
08.x
lsx
SAMPLE
Sect. No. Area m2 Participation Quota %1 107 554 75.00002 5923 0.00253 228 0.00254 4571 0.0025
Total 118 276 75.0075
Sect. No. Area m2 Participation Quota %100 - 320 18 392 7.98351000 - 1222 18 468 8.0165
Total 36 860 16.0000
Sect. No. Area m2 Participation Quota %2 000 17 000 8.9925
Total 17 000 8.9925
Area m2118 27636 86017 000172136
Component Participation Quota %75.007516.00008.9925
100.0000Total
Post OfficeShowroom
Oceans At Umhlanga - Participation Quota - Summary
Residential Component
UseApartments - South TowerApartments - North Tower
Retail Component
UseRetail
Residential ComponentHotel Component
Public Transport
Retail Component
Hotel
Hotel Component
Use
Printed at 02:19 PM2016-03-10
5800 Oceans PQ - 2016 03 08.xlsxPage 3 of 3
Note
SAMPLE
ANNEXURE “F”
AIMS AND OBJECTIVES OF THE OCEANS RESIDENCE MANAGEMENT ASSOCIATION (RF) NPC
1. To promote the maintenance and upkeep of all sections within OCEANS RESIDENCE and to ensure that all such sections are maintained in such a way as to derive benefit therefrom for all owners within the OCEANS RESIDENCE.
2. To ensure that the external appearance of all sections and all signage external to sections within the OCEANS RESIDENCE are in accordance with the high standards and ambience the owners wish to maintain for the OCEANS RESIDENCE.
3. To promote, advance and protect the interest of members generally and to co-operate with the BODY CORPORATE and the local authority and all other appropriate authorities for the benefit of the ASSOCIATION and its members.
4. To represent the interest of members generally and to provide a united voice by which such interests may be expressed. In no way detracting from the generality of the aforesaid, it is specifically recorded that the ASSOCIATION shall represent its members at meetings of the BODY CORPORATE and shall exercise such members’ vote jointly at such meetings in such manner, as the ASSOCIATION deems in the best interest of the OCEANS RESIDENCE as a whole.
5. To collect levies and other contributions towards funds of the ASSOCIATION for the attainment of the objectives of the ASSOCIATION or any one of them.
6. To maintain common areas within the OCEANS RESIDENCE, which the ASSOCIATION may own or may otherwise be responsible for, and to make and enforce regulations governing the use thereof by the Members.
7. To provide additional security for the OCEANS RESIDENCE as the Members may require.
8. To regulate the conduct of any person within the OCEANS RESIDENCE and to prevent any nuisance of any nature to any member.
9. To impose fines and other penalties upon members disobeying the Memorandum of Incorporation or the Rules made in terms thereof.
10. During the Development Period (which shall be defined in the ASSOCIATION’S Memorandum of Incorporation as the period from the date of incorporation of the ASSOCIATION until such time as the SELLER no longer owns a unit in the SCHEME or the right to extend the SCHEME in terms of Section 25 of the ACT):
10.1 the SELLER shall have the right to appoint the majority of directors to the Board of Directors of the ASSOCIATION
10.2 for purposes of voting on any proposed resolution at a meeting of Members of the ASSOCIATION, the SELLER shall be deemed to have the higher of the actual number of votes vested in the SELLER and the number of votes as are held, in aggregate by all other Members present in proxy or by person at such meeting and
10.3 the Board of Directors of the ASSOCIATION shall be entitled to appoint a management company to manage some or all the affairs of the ASSOCIATION (in which, it is recorded, the SELLER may have a financial interest).
SAMPLE
ANNEXURE “G”
INDIVIDUAL
Documents required for FICA: 1. Identity Document (CERTIFIED COPY); 2. Income Tax Number; 3. Proof of address which reflects the individual’s name and physical residential
address (not a postal address):
• Rates and taxes or utilities (e.g. water, electricity account) (less than 3 months old); or
• Telkom account (less than 3 months old); or • Bank statement (less than 3 months old); or • Levy Statement
[NOTE: If the individual resides with their spouse and only has proof of address in the name of their spouse then we require the spouse’s documents as well as the marriage documents for the purposes of FICA. See below.]
Documents required for purposes of the transaction:
1. Marital status:
• If unmarried, please advise;
• If married in community of property – marriage certificate and spouse’s Identity Document;
• If married out of community of property – marriage certificate, ANC and
spouse’s Identity Document.
SAMPLE
CLOSE CORPORATION 1. CK1 – Founding Statement and Certificate of Incorporation (CERTIFIED COPY); 2. CK2 – Amended Founding Statement (CERTIFIED COPY); 3. Proof of Vat Registration Number (CERTIFIED COPY); 4. Proof of Tax Reference Number; 5. Proof of address* which reflects the Close Corporation’s name and physical
business address of the Close Corporation (not a postal address); 6. MEMBERS (we require all of this for ALL of the Members) : 6.1 Identity Document (CERTIFIED COPY); 6.2 Income Tax Number; 6.3 Proof of address* which reflects the Member’s name and physical residential
address (not a postal address). *NOTE – PROOF OF ADDRESS: Any one of the undermentioned documents provided that they specify the physical address (not a postal address):
• Rates and taxes or utilities (e.g. water, electricity account) (less than 3 months old); or
• Telkom account (less than 3 months old); or • Bank statement (less than 3 months old); or • Levy statement (less than 3 months old).
SAMPLE
SOUTH AFRICAN COMPANY
Documents required for FICA: 1. CM1 – Certificate of Incorporation (CERTIFIED COPY); 2. CM22 – Notice of Registered Office (CERTIFIED COPY); 3. Proof of Vat Registration Number (CERTIFIED COPY); 4. Proof of Tax Reference Number; 5. Proof of address* which reflects the Company name and physical business
address of the Company (not a postal address); 6. DIRECTORS (we require all of this for ALL of the Directors) : 6.1 Identity Document (CERTIFIED COPY); 6.2 Income Tax Number; 6.3 Proof of address* which reflects the Director’s name and physical residential
address (not a postal address). Documents required for purposes of the transaction: 1. CM2 – Memorandum of Association (CERTIFIED COPY); 2. CM46 – Certificate to commence business (CERTIFIED COPY); *NOTE – PROOF OF ADDRESS: Any one of the undermentioned documents provided that they specify the physical address (not a postal address):
• Rates and taxes or utilities (e.g. water, electricity account) (less than 3 months old); or
• Telkom account (less than 3 months old); or • Bank statement (less than 3 months old); or • Levy statement (less than 3 months old).
SAMPLE
TRUST
1. Trust Deed (CERTIFIED COPY); 2. Letters of Authority (CERTIFIED COPY); 3. Proof of Tax Reference Number / VAT Registration Number, if applicable; 4. FOUNDER 4.1 Identity Document (CERTIFIED COPY); 4.2 Income tax number; 4.3 Proof of address* in the name of the Founder showing the Founder’s residential
address (not a postal address); 5. TRUSTEE (If more than one, please provide for each Trustee) 5.1 Identity Document (CERTIFIED COPY); 5.2 Income tax number; 5.3 Proof of address* in the name of the Trustee showing the Trustee’s residential
address (not a postal address); 6. BENEFICIARY (If more than one, please provide for each Beneficiary) 6.1 Identity Document (CERTIFIED COPY); 6.2 Income Tax Number; 6.3 Proof of address* in the name of the Beneficiary showing the Beneficiary’s
residential address (not a postal address). *NOTE – PROOF OF ADDRESS: Any one of the undermentioned documents provided that they specify the physical address (not a postal address):
• Rates and taxes or utilities (e.g. water, electricity account) (less than 3 months old); or
• Telkom account (less than 3 months old); or • Bank statement (less than 3 months old); or • Levy statement (less than 3 months old).
SAMPLE
ANNEXURE “H”
OCEANS RESIDENCE MANAGEMENT ASSOCIATION (RF) NPC
MEMBERSHIP APPLICATION FORM
I, the undersigned, the PURCHASER (as defined in the CONTRACT OF SALE to which this document is Annexure “H”),
hereby acknowledges that by virtue of my purchase of the PROPERTY (as more fully defined in the CONTRACT OF SALE to which this document is Annexure “H”), I am obliged to become and remain a member of the Oceans Residence Management Association (RF) NPC (a non-profit
company to be incorporated by the SELLER in terms of the Company’s Act 71 of 2008) [hereinafter referred to as “the
Association”], within the meaning of and subject to the conditions set out in the Association’s Memorandum of Incorporation,
for the duration of my ownership of the Property.
I hereby make application to become a member of the Association and undertake that I, and all persons deriving use of the
Property or any part thereof, will from the date that I take possession of the Property, duly comply with all the obligations
imposed upon members under the Association’s Memorandum of Incorporation.
I further undertake to sign all documentation and do all such other things as may be required by the Association in respect of
my aforesaid membership application.
In no way detracting from the generality of the aforesaid, I acknowledge and agree to the undermentioned specific provisions,
namely:
1. I shall be obliged to make payment of a monthly levy to the Association, as determined by the Association’s
Board of Directors.
2. I shall not be entitled to resign my membership of the Association while the owner of the Property.
3. The directors of the Association shall have the power to make rules from time to time, as well as the power to
substitute, add to or repeal same, for the management, control, administration, use and enjoyment of Oceans
Residence, (as defined in the Association’s Memorandum of Incorporation) for the purposes of giving effect to
the provisions of the Memorandum of Incorporation or for any other purposes, which powers shall include the
right to impose reasonable financial penalties to be paid by members who fail to comply with the provisions of
the Memorandum of Incorporation or rules. In no way detracting from the generality of the aforesaid, the
directors may make rules from time to time, applicable within Oceans Residence, specifically with regard to –
3.1 the storing of flammable and other harmful substances;
3.2 the conduct of any persons within Oceans Residence and the prevention of nuisance of any nature to any owner
of a section in Oceans Residence;
3.3 the use of sections within Oceans Residence;
3.4 the imposition of fines and other penalties to be paid by members of the Association;
3.5 the management, administration and control of the common areas within Oceans Residence (including, but in no
way limited to, corridors, stairwells, ramps, driveways, unallocated parking bays and extraction systems);
3.6 the use by owners and their tenants of sections within Oceans Residence and the upkeep, aesthetics and
maintenance of such sections (and in particular, but in no way detracting from the generality of the aforesaid, the
upkeep of the exterior of sections within Oceans Residence);
3.7 noise levels emanating from any section within Oceans Residence (including, but in no way limited to, a
SAMPLE
prohibition on playing loud music)
3.8 the external appearance of all sections, and the erection of any awning or the like on the exterior of any section
(subject to the rules of the Body Corporate of the Scheme),
3.9 security and
3.10 generally in regard to any other matter which the directors of the Association from time to time considers
appropriate,
and I undertake and, shall be obliged, to abide by such rules and shall ensure that all tenants, nominees, invitees
or other persons who occupy the Property and/or who go upon Oceans Residence by virtue of my rights thereto,
do likewise. I undertake to bring the aforesaid rules to the attention of any tenant prior to such tenant taking
possession of the Property or any portion thereof.
4. I understand that I will be obliged to accept transfer of the Property subject, inter alia, to a condition registered
against the title deeds to the Property to the effect that the Property or any portion thereof or interest therein
shall not be alienated, leased or transferred without the prior written consent of the Association first being had
and obtained.
5. I shall not be entitled to sell or otherwise transfer ownership of the Property unless it is a suspensive condition of
such sale or other transfer that –
5.1 the Association grants its written consent to such sale or other transfer (which consent it shall be entitled to
withhold in the event of any monies being due and owing to the Association by myself or I being in breach of the
Memorandum of Incorporation of the Association or any Rules made by the Association, from time to time, and
failing to remedy such breach);
5.2 the transferee, in a manner acceptable to the Association, agrees to become a member and is admitted as a
member of the Association;
6. I understand and agree that I will not be entitled to change the current use of the Property without, inter alia,
the prior written consent of the Association being had and obtained.
7. I confirm I am aware of the fact that the Association, at the date of signature of this application, may not be
formed, and my application to join the Association, in terms of this document, shall be irrevocable (and capable
of being accepted by the Association once formed) for a period of 48 months from the date of signature hereof,
by myself.
I confirm my contact details are as per the first page of the CONTRACT OF SALE to which this document is Annexure “H” and I
nominate my undermentioned physical address as my domicilium citandi et executandi for all purposes (including, but in no
way limited to, the service of any notice that the Association may wish to serve upon me in terms of the Association’s
Memorandum of Incorporation or any court process that the Association may be required to serve upon me in the event of the
Association instituting any legal action against me). Further, I hereby agree to and authorize the Association to forward me
any notices and financial statements of account electronically, to the undermentioned email address, should the Association so
elect.
Dated at Durban on this 3rd day of April 2016
_____________________________
SAMPLE
MANDATE BY CLIENT TO DEPOSIT FUNDS IN TERMS OF SECTION 78 (2A) OF THE ATTORNEYS ACT 53 OF 1979 (“THE ACT”)
1. FULL NAMES OF INVESTOR : _______________________________________________________________
2. IDENTITY No. / REGISTRATION No : _________________________________________________________
3. MASTER’S REFERENCE No : ________________________________________________________________
4. INCOME TAX REFERENCE No : ______________________________________________________________
5. VAT REGISTRATION No : __________________________________________________________________
6. FICA NUMBER : __________________________ CLIENT NUMBER : _______________________________
7. ADDRESSES:
Home (Street) __________________________________________________________________________
_______________________________________________________________(Code) _________________
Home (Postal) __________________________________________________________________________
_______________________________________________________________(Code) _________________
Business (Name) ________________________________________________________________________
Business (Street) ________________________________________________________________________
_______________________________________________________________(Code) _________________
Business (Postal) ________________________________________________________________________
_______________________________________________________________(Code) _________________
8. CONTACT NUMBERS
Home : _________________________________________ Business : ______________________________
Cellular : ________________________________________Facsimile : ______________________________
E-mail : ________________________________________________________________________________
ANNEXURE “I”
SAMPLE
I hereby authorize and empower Garlicke & Bousfield Inc. to deposit funds in terms of Section 78(2A) of the Act on my behalf:
9. ACKNOWLEDGEMENT I acknowledge that this investment is not protected by the Attorney’s Fidelity Fund against theft unless the investment is on a temporary or interim basis pending the conclusion of a particular transaction. I further acknowledge that Garlicke & Bousfield Inc. has not furnished me with any recommendation, guidance or proposal of a financial nature in respect of such investment. Garlicke & Bousfield shall be entitled to an administration fee.
10. ELECTRONIC TRANSMISSION – WAIVER AND INDEMNITY
I hereby authorize Garlicke & Bousfield Inc. to act on my behalf on instructions transmitted by me to it by facsimile or by means of an email message (both of which are referred to herein as “electronic transmission”). I acknowledge that Garlicke & Bousfield Inc. cannot determine the authenticity of any message received by way of electronic transmission nor establish the source from which it emanates. I agree to be bound by the terms of the instruction received by Garlicke & Bousfield Inc. by way of electronic transmission notwithstanding that such instruction differs in form from that sent by me, I hereby waive any claim or any other rights which I may have against Garlicke & Bousfield Inc. arising out of any losses I may suffer consequent upon Garlicke & Bousfield Inc. acting upon any electronic transmission purporting to emanate from me or by reason of its failure to act upon any electronic transmission if it is not satisfied that such electronic transmission does not emanate from me. I hereby indemnify Garlicke & Bousfield Inc. and hold it harmless in respect of any claims made against it arising from its acting upon such electronic transmission or failing to act upon such electronic transmission as aforesaid.
11. RESPONSIBLE DIRECTOR AT GARLICKE & BOUSFIELD INC. :
ALETTA DE LANGE
12. PURPOSES FOR WHICH FUNDS ARE HELD PURCHASE OF A UNIT AT “OCEANS UMHLANGA”
Signed at _______________________________ on this ________ day of ________________________ 2016
___________________________ ______________________ ______________________________ CLIENT – SIGNATURE NAME OF SIGNATORY CAPACITY (who warrants that he/she is duly authorised) Accepted at LA LUCIA on this _______________ day of _______________________________________ 2016
________________________________________ ON BEHALF OF GARLICKE & BOUSFIELD INC.
SAMPLE
SECTIONAL PLAN NO. S.G. NO. D
NAME OF BUILDING: OCEANS UMHLANGA
Certificate by Conveyancer in terms of Section 11(3)(e) of the Sectional Titles Act, No. 95 of 1986
I, the undersigned, GRAEME FURZE PHILLIPS, Conveyancer, do hereby certify that:
1. The rules prescribed in terms of Section 35(2) of the said Sectional Titles Act
No. 95 of 1986 are applicable to this Development, save as amended herein.
2. The following additional management rules have been imposed by the
Developer:
DEFINITIONS AND INTERPRETATION
For the purposes of the rules, unless the context indicates to the contrary:
1. (i) “Act” means the Sectional Titles Act No.95 of 1986 (as amended);
(j) “Residence Association” means the Oceans Residence Management
Association (RF) NPC, a non-profit company incorporated by the
Developer, in terms of the Companies Act No. 71 of 2008, to
administer the Oceans Residence, on behalf of Owners of sections in
Oceans Residence.
(k) “Body Corporate” means the Body Corporate of the Scheme;
(l) “Common Property” means the common property of the Scheme;
(m) “Developer” means Oceans Umhlanga (Pty) Ltd, Registration Number
2011/011731/07.
(n) “Development Period” means the period from the date of the opening of
the sectional title register of the Scheme until such time as the
Developer no longer owns a unit in the Scheme or the right to extend
the Scheme by the erection of a unit as contemplated in Section 25 of
SAMPLE
2
the Act;
(o) “Hotel Association” means the Oceans Hotel Management Association
(RF) NPC, a non-profit company to be incorporated by the Developer,
in terms of the Companies Act 71 of 2008, to administer the Oceans
Hotel, on behalf of Owners of sections in the Oceans Hotel;
(p) “Ocean Hotel” means the tower block consisting of the sections to be
utilised for the purposes of a hotel and residential penthouses (although
the Developer reserves the right to develop the entire tower block for
the purposes of residential apartments), which forms part of the
Scheme, as shown on the Plan;
(q) “Ocean Mall” means the section consisting of, inter alia, of the
Shopping Centre, Telkom Room and Post Office, which forms part of
the Scheme, as shown on the Plan;
(r) “Ocean Residence” means the two tower blocks, namely Oceans
Residence South, comprising of approximately 206 residential sections,
and Oceans Residence North, comprising of approximately 204
residential sections, which forms Part of the Scheme, as shown on the
Plan;
(s) “Owner” means the owner of a section in the Scheme, save that the
word “owner” shall in the Conduct Rules, shall also include a tenant or
other occupier of a section, where applicable;
(t) “Components” means the three components of the Scheme, namely:
(i) Ocean Mall;
(ii) Oceans Residence
(iii) Oceans Hotel
and “Component” shall refer to any one of them
(u) “Plan” means the plan attached hereto marked Annexure “A” showing
the various Components of the Scheme;
SAMPLE
3
(v) “Rules” mean the rules of the Body Corporate.
(w) “Scheme” means Oceans Umhlanga sectional title scheme which is
laid out on proposed Portion 15 of Erf 379 Umhlanga Rocks;
(x) “Trustees” means the trustees from time to time, of the Body
Corporate;
(y) if any of these rules is contrary to the Act or unenforceable for any
other reason whatsoever, such rule shall be deemed to be separate
and severable from the rest of the rules, without any way affecting the
validity of the remaining rules.
(z) words denoting a particular gender shall be deemed to include the
other genders and words denoting the plural shall be deemed to
include the singular, and vice versa;
(aa) reference to a natural person shall include a legal person and/or an
association of persons and vice versa;
(bb) any reference to any statute, legislation or regulations shall be
deemed to include any lawful amendments thereto or re-enactments
thereof;
(cc) where a number of days are prescribed, they shall consist of all days
(i.e. including Saturday, Sunday and Public Holidays) and shall
exclude the first day and include the last day;
(dd) if a number is referred to in numerals and words, the words shall
prevail in the event of any conflict between the two;
(ee) in interpreting these Rules, no provision shall be construed in a
limiting fashion or in accordance with the Eiusdem Generis Rule;
SAMPLE
4
COLLECTION OF LEVIES
73 (a) Any levy in arrears shall bear interest at the rate equal to the prime
overdraft rate charged by the Standard Bank of South Africa Limited,
plus 2 percentage points, calculated from the date that the payment of
such levy became due, to the actual date of payment of such levy (both
days inclusive) Nominal Annual Compounded Monthly (NACM).
(b) Any payment to the Body Corporate may only be made by means of
one of the following into a duly designated account for this purpose:
(a) By stop or debit order;
(b) Electronic Funds Transfer;
(c) A levy and other applicable charges, are payable in advance on or by
the first day of each and every month in which they are raised. Any
amounts not paid by the aforesaid date shall be considered in arrears
and outstanding in terms of these Rules permitting the Body Corporate
to take action against the offending owner as contemplated in these
Rules and attracting interest as provided for in these rules.
DOCUMENTS
74. All documentation and/or correspondence and communications shall be dealt
with in English.
LEVY STRUCTURE
75 As contemplated in Section 32(4) of the Act, the liability of Owners to make
contributions for the purpose of Section 37(1)(a) and 47(1) of the Act shall be
modified as follows, namely:
Where expenses of the Body Corporate are directly attributable to any one
Component, those expenses shall be shared by Owners of Units in that
particular Component in accordance with the participation quota of units in
that Component. It is recorded that the aforesaid expenses shall include, but
SAMPLE
5
necessarily limited to, the following, namely:
1. maintenance, cleaning and painting of the Common Property
2. security costs
3. water and electricity utilised
4. managing agent’s costs
5. pests and hygiene
6. lift(s) used solely by occupiers of a particular Component
The general expenses of the Body Corporate not attributable to any particular
Component (which shall include, but not be limited to, auditing fees, bank
charges and post and petties) shall be shared by all Owners in the Scheme in
accordance with the participation quota of the Scheme.
SIGNAGE
76 No signage may be erected anywhere on the Common Property unless
agreed to in writing by the Trustees and, during the Development Period, the
Developer, save in respect of those portions of the Common Property
covered by the signage exclusive use areas in favour of the Developer.
LEVY STABILISATION FUND
77 (a) In order to minimise the increase in the monthly levy payable by
members to the Body Corporate and in order to avoid the unnecessary
raising of special levies by the Trustees of the Body Corporate to fund
any extraordinary or capital expenditure of the Body Corporate, a Levy
Stabilisation Fund shall be established for the Body Corporate, which
shall be administered by the Trustees.
(b) When taking transfer of a unit in the Scheme, the new Owner shall be
obliged to make a contribution to the aforesaid fund, which amount shall
be determined by the members annually in advance at the Annual
General Meeting (it being recorded that the amount of such Levy
Stabilisation Fund contribution shall be R45 600.00 (Forty Five
Thousand Six Hundred Rand) as at the date of the opening of the
sectional title register of the Scheme and such amount shall not be
SAMPLE
6
increased for a period of 3 (Three) years from the date of such
opening).
SERVICES
78 Any expenses incurred by the Body Corporate in providing services to a
particular unit (for example, air-conditioning, - see also Rule 15 of the Conduct
Rules in this regard), shall be included in the levy charged to the Owner of such
unit (and shall not form part of the general levy payable by members to the
Body Corporate, which is determined in accordance with Management Rule
75).
EXCLUSIVE USE AREAS
79 The pool, pool area and common gardens on level 7, as well as those areas in
the Residential North Tower and Residential South Tower on the 7th and 8th
floors, as shown as such on the Plan, shall be subject to an exclusive use area
in favour the Owners of sections in the Oceans Residence. This exclusive use
area shall be administered by the Residential Association for the benefit of
Owners of sections in the Oceans Residence.
80 The roof level of each of the three towers (namely the roof level of the Oceans
Hotel and the Oceans Residence South and Oceans Residence North), as
shown on the Plan, shall be subject to an exclusive use area in favour of the
Owner of Section 1, entitling the said Owner to erect aerials, satellite dishes
and the like in the area covered by the exclusive use area, subject to the Body
Corporate’s right to install services, service plants, machinery and the like in the
aforesaid area.
81. That portion of the parking area on level 7 as designated on the plan, shall be
subject to a parking exclusive use area in favour of the Owners of the sections
in the Oceans Residence, it being the intention that these parking bays shall be
utilised solely for guests of the occupiers of the sections in the Oceans
Residence. This parking area shall be administered by the Residential
Association for the benefit of the Owners of sections in Oceans Residence.
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3. THE FOLLOWING RULES HAVE BEEN SUBSTITUTED FOR THE
CONDUCT RULES PRESCRIBED IN TERMS OF SECTION 35 (2) (b) OF
THE SECTIONAL TITLES ACT NO. 95 OF 1986:
1. PETS
Dogs and Cats
(a) No dogs, cats or any other pets may be kept or brought onto the Scheme
(save that in exceptional circumstances, such as a blind person requiring the
assistance of a guide dog, the Trustees may, in their sole and absolute
discretion, give permission for a dog to be kept, subject to conditions they
may impose).
(b) No visitors may bring any dog, cat or other pet onto the Scheme.
(c) Any contravention of the aforesaid rules shall result in the dog, cat or other pet
in question being removed forthwith from the Scheme.
REFUSE DISPOSAL
2. An Owner shall:-
(a) for the purpose of having the refuse collected, place such receptacle
within an area, at such times and in such a manner as prescribed by
the Trustees, from time to time;
(b) ensure that before refuse is placed in such receptacle it is securely
wrapped, or in the case of tins or other containers, completely
drained;
(c) when the refuse has been collected, promptly return such receptacle
to his section;
(d) No refuse or rubbish shall be left on any portion of the Common
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Property or elsewhere, including any section where it is visible by the
public, whether in a receptacle or not, except for collection within the
area and at the times designated by the Trustees from time to time.
VEHICLES
3. (a) Save for vehicles parked in designated registered Exclusive Use
Areas, 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 Common Property without the
Trustees’ consent.
(b) No Owner or occupier shall be permitted to dismantle or effect major
repairs to any vehicle or motorcycle and the like on any portion of the
Common Property.
(c) Owners shall at all times ensure that no oil is allowed to drop onto,
any portion of the Common Property. It is the responsibility of the
Owner to clean up any such oil spills on the Common Property.
(d) No vehicles, other than light motor vehicles and motorcycles may be
kept in a parking bay on the Common Property without the prior
written consent of the Trustees.
(e) Save for vehicles parked in designated registered Exclusive Use
Areas, Owners may park their vehicles only in areas as are
specifically demarcated by the Body Corporate as parking bays.
(f) Vehicles may not travel at speeds in excess of 20 kilometres per hour
on any portion of the Common Property.
(g) Save with the prior written consent of the Trustees, no caravan or
boat shall be parked on the Common Property (including any
exclusive use area). Further, no persons shall, under any
circumstances whatsoever, be entitled to stay overnight in a caravan,
vehicle or the like anywhere on the Common Property (including any
exclusive use areas).
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(h) Owners and their employees shall not be entitled to park in the visitors
parking bays on the Common Property without the prior written
consent of the Trustees.
(i) No roller skates, scooters, skateboards or quad bikes shall be used
on the Common Property.
(j) Vehicles shall only be washed in designated areas on the Common
Property. Fire hydrants may not be used for washing vehicles.
DAMAGE, ALTERATIONS OR ADDITIONS TO THE COMMON PROPERTY
4. (a) An Owner shall not mark, paint, drive nails or screws or the like into,
or otherwise damage, or alter, any part of the Common Property
without first obtaining the written consent of the Trustees. In addition,
and in no way detracting from the generality of the aforesaid, an
Owner shall not be entitled to erect or lay cameras, cabling or trunking
on any external wall of a section or any other part of the Common
Property.
(b) Again in no way detracting from the generality of the aforesaid, an
Owner shall not install :
(i) any locking device, safety gate, burglar bars or other safety device for
the protection of his section or
(ii) any screen, shutter or other device to prevent the entry of animals or
insects;
without the prior written consent of the Trustees who shall be entitled
to prescribe the nature and design of the device and the manner of its
installation.
(iii) No exterior accessories, including, but in no way limited to: window
glazing, fences, awnings, external blinds, canopies, satellite dish,
television, aerial, cables and ancillary equipment, bunting, flags or
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flagpoles may be installed or erected anywhere on the Common
Property, (including within any exclusive use area), save with the prior
written consent of the Trustees and, where applicable, the local
authority. When granting such approval, the Trustees may prescribe
any reasonable condition(s). The Trustees may withdraw such
approval in the event of any breach of the conditions prescribed when
granting such approvals.
(iv) Any aforesaid approved installation shall be repaired and maintained
by the Owner, failing which the Body Corporate shall be entitled to
remedy the Owner’s failure and to recover the reasonable cost of
doing so from such Owner.
(c) An Owner may not enclose his balcony, save with the prior written
approval of Members at a general meeting and then only in
accordance with the guidelines and specifications laid down by the
Trustees, from time to time.
APPEARANCE FROM OUTSIDE
5. The Owner shall not place or do anything on any part of the Common
Property, (including balconies, patios and gardens) which, in the discretion of
the Trustees, is aesthetically displeasing or undesirable when viewed from
the outside of the section. In no way detracting from the generality of the
aforesaid, an Owner shall not install a jacuzzi, shutters, screens or similar
devices on a balcony without the prior written consent of the Trustees, which
consent the Trustees may in their sole and absolute discretion grant or
refuse.
LITTERING
6. An Owner shall not deposit, throw, or permit or allow to be deposited or thrown,
on the Common Property any rubbish, including dirt, cigarette butts, food
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scraps or any other litter whatsoever.
LAUNDRY
7. An Owner shall not erect his own washing line nor hang any washing or
laundry or any other items on any part of the Common Property so as to be
visible from the outside of the building or from any other section.
STORAGE OF FLAMMATORY MATERIAL AND OTHER DANGEROUS ACTS
8. An Owner shall not 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 on any
insurance policy.
LETTING OF UNITS
Oceans Residence and Oceans Hotel
9. (a) Should an Owner wish to lease his section, such lease shall be
entered into on such terms and conditions as may be prescribed by
the Trustees from time to time and such lease shall be subject to such
rules as may be laid down by the Trustees in respect of the leasing of
sections in the scheme. Further, it shall be incumbent upon an Owner
to ensure that a copy of the Rules is given to any prospective tenant
of a section, who must sign an acknowledgement, undertaking in
favour of the Body Corporate to comply with the Rules at all times
while on the Scheme (and in particular, however in no way detracting
from the aforesaid, to be liable for the payment of fines imposed by
the Body Corporate in respect of contraventions of these Rules).
(b) An Owner shall not be entitled to lease his unit in the event of the
owner being in arrears with its levy payments, or any other amounts
due, to the Body Corporate.
(c) An Owner shall not be entitled to let his unit for a period of less than
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14 (FOURTEEN) days, save with the prior written request of the
Trustees and, during the Development Period, the Developer first
being had and obtained.
(d) To the extent that the Owner :
(i) of a unit in Ocean Residence, requires the services of a rental
or managing agency to procure a tenant and/or manage the
Section while rented, it shall utilise an agency appointed by the
Residential Association and
(ii) of a unit in the Oceans Hotel, requires the services of a rental
or managing agency to procure a tenant and/or manage the
Section while rented, it shall utilise an agency appointed by the
Hotel Association.
Oceans Mall
(a) Should an Owner wish to lease his section (or a portion thereof), it
shall be incumbent upon the Owner to ensure that a copy of the rules
is given to any prospective tenant, who must sign and acknowledge
and undertake in favour of the Body Corporate to comply with the
rules at all times while on the Scheme (and in particular, however in
no way detracting from the generality of the aforesaid, to be liable for
the payment of fines imposed by the Body Corporate in respect of the
contravention of these rules).
(b) An Owner shall not be entitled to lease his unit or any portion thereof,
in the event of the Owner being in arrears with its levy payments or
any other amounts due to the Body Corporate.
ERADICATION OF PESTS
10. An Owner shall keep his section free of white ants, borer and other wood
destroying insects and to this end shall permit the Trustees, the managing
agent, and their duly authorised agents or employees, to enter upon his
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section from time to time for the purpose of inspecting the section and taking
such action as may be reasonably necessary to eradicate any such pests. The
costs of the inspection, eradicating any such pests as may be found within the
section, replacement of any woodwork or other material forming part of such
section which may be damaged by any such pests shall be borne by the owner
of the section concerned.
USE
11. (a) Notwithstanding anything contained herein or elsewhere, an Owner of a
section in the Oceans Residence may only use the said section strictly
for residential purposes and for no other purpose whatsoever.
(b) The maximum number of persons entitled to occupy any section in
Oceans Residence Component shall be calculated by multiplying the
number of bedrooms in such section by two.
(c) An owner shall not do or permit to be done in his section or on the
Common Property anything that will or may increase the insurance
premiums payable by the Body Corporate on any insurance policy, save
with the prior written approval of the Trustees. When granting such
approval, the Trustees may prescribe any specific condition(s). The
Trustees may withdraw such approval in the event of any breach of any
condition prescribed when granting their approval.
(d) An Owner shall not keep, leave, or store any article or do anything on
the Common Property save with the prior written approval of the
Trustees (which approval may at any time, on notice, be revoked).
(e) An Owner shall, at his own expense, maintain the interior of the section
in a good, clean and thoroughly tenantable and attractive condition, and
where necessary repair or refurbish any damaged item and replace any
lost item.
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(f) An Owner shall, at its own expense, maintain in a good working order
and condition all electrical, plumbing and sewerage installations and
appurtenances of whatever nature, serving and within the section.
(g) No slaughtering of animals shall be allowed in any section of the
Scheme or on the Common Property.
(h) An Owner shall ensure that no light furniture or other light objects are
left on the balcony, which could possibly be blown off the balcony in
heavy winds.
GAMES
12 No person shall cause or permit the hitting, striking, throwing or bouncing of
balls or other objects against the walls of a section or the Common Property
except in areas specifically designated for such activities and no person shall
play, run or make noise in any part of the Common Property except in areas
specifically designated for such activities.
VISITORS AND TENANTS
13 (a) An Owner is liable for the conduct of visitors to the Scheme and tenants
and other occupants of the section, and must ensure that all Rules
(including, but in no way limited to, security rules and procedures) and
the provisions of the Act are adhered to.
(b) Subject to the Rules, any guest of any Owner shall be entitled to use
the common facilities of the Scheme provided that such Owner
accompanies them at all times.
(c) Owners must supervise any children visiting them so that no damage,
interference or nuisance is caused to other Owners of units in the
Scheme.
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ALTERATIONS AND RE-DECORATION
14 (a) Subject to the provisions of the Act, the relevant Bylaws and these
Rules, an Owner shall be entitled to make alterations to the interior of
the Section (including, but in no way limited to, any dry walling or
internal walls within the Section), only with the prior written consent of
the Trustees and in accordance with plans approved of by the Trustees
and the local authority, (if applicable).
(b) Any Owner who intends carrying out any renovations in his section shall
be obliged to make a written application to the Trustees detailing
proposed alterations/renovations accompanied by a sketch or plans of
the work to be done. The Trustees may impose such conditions as they,
in their sole discretion, deem necessary.
(c) Thereafter, such Owner shall then submit the approved plans to the
relevant municipal authority for their written approval where the
municipality’s approval is required in this regard.
(d) After completion of such renovations/alterations the Owner shall be
obliged to furnish the Trustees with a certified copy of all relevant
compliance certificates by the appropriate authority, e.g electrical and
engineer’s certificates and the like.
(e) Prior to commencement of any renovations/alterations such Owner shall
be obliged to lodge with the Trustees a deposit to cover any damages
that may be caused to the Common Property or to cover any other
eventualities, before any of the proposed work may commence in the
section. The amount of the deposit shall be determined by the
Trustees, however shall be reasonable in the circumstances.
(f) Such alterations/renovations shall be carried out as expeditiously as
possible in the circumstances and in a manner so as to cause as little
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disruption to other occupiers of the Scheme.
(g) All rubble, and other refuse shall be removed daily, and may not be
dumped or stored on the Common Property or on the pavement of the
Scheme.
(h) the Owner shall be held responsible for any damage to the Common
Property or adjoining sections. As a result of the aforesaid building
operations.
(i) No work shall be carried out between 17H00 and 08H00 on weekdays.
(j) no work shall be carried out on Saturdays, Sundays and Public
Holidays.
(k) all workmen/contractors shall, prior to commencement of any
renovations/repairs/alterations furnish the Trustees with proof that they
are adequately insured against any claims that may arise from any
eventuality whatever caused as a result of any work that will be carried
out in any section or common area of the Scheme.
AIRCONDITIONING
15 (a) An Owner shall not install any air-conditioning unit or extractor fan in
any unit, it being recorded that the air-conditioning service for the entire
Scheme is to be provided and controlled centrally by the Body
Corporate, and each section shall have a meter, recording the use of
such air-conditioning by each Owner.
(b) An Owner shall pay to the Body Corporate (or such other entity
nominated by the Trustees to maintain and operate the air-conditioning
system of the Scheme) the cost of the usage of such air-conditioning in
respect of such Owner’s unit, on a monthly basis.
GENERATORS
16 No generator, or similar device, may be operated anywhere within the
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Scheme (whether it be within a section or on the Common Property),
save with the prior written consent of the Trustees.
NOISE
17 (a) Reasonable silence must be maintained between 22H00 and 08H00
every day.
(b) No radios, musical instruments, musical players, televisions or the like,
shall be used in such a manner so as to cause annoyance to other
occupiers of the Scheme.
(c) Power tools may only be used between the hours of 08H00 and 17H00
on weekdays (excluding Public Holidays).
(d) Vehicles hooters may not be used on the Common Property except in an
emergency nor may any sounding car alarm be left unattended by the
Owner thereof, at any time.
(e) Fireworks shall not be lit and discharged in any Section or the Common
Property of the Scheme.
(f) Should any Section or part of the Common Property be utilised as a place
of worship “the call to prayer”, ringing of Church bells or any other
religious pronouncements shall not be made via loudspeaker or other
auditory devices.
ELECTRICITY AND WATER
18 (a) It is recorded that the Body Corporate, or its nominated service provider,
shall supply water, electricity and air-conditioning services to each
section, the consumption of which shall be metered in respect of each
section. An Owner shall pay the deposit(s) in respect of the supply of
such services and shall further ensure that all monthly consumption
accounts, in respect of such services, are paid timeously, as determined
by the Trustees, from time to time.
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(b) An Owner shall also be liable for the payment of all other services
provided to the section, including, but in no way limited to, telephones,
television services (including satellite television) and the like.
EMPLOYEES
19 (a) The services of Body Corporate employees if any may not be utilised
by an Owner, either in or outside of working hours, without the prior
permission of the Trustees or manager (if so appointed).
(b) An owner shall not interfere with the Body Corporate's Contractors or
their staff in the course of their duties on the Common Property.
Complaints, suggestions or requests are to be directed to the
Chairman of the Body Corporate in writing.
(c) For security purposes, no worker or domestic help may be employed
by any of the Owners unless prior permission of the Trustees has
been obtained, which may be withdrawn at any time by the Trustees if
due cause is shown. Employees and domestic help are obliged to
wear authentic identification cards while in Sections or on Common
Property.
SWIMMING POOL
20 (a) Children under the age of 14 years, shall at all times be accompanied
by an adult in the swimming pool area.
(b) No liquor, glass bottles or any other glass items shall be allowed in
the swimming pool area.
(c) Only Owners of sections in Oceans Residence shall be entitled to use
the swimming pool. Guests of the aforesaid Owners may use the
swimming pool area when accompanied by such an Owner.
(d) Reasonable silence must be maintained in the swimming pool areas
between the hours of 20H00 and 08H00 every day.
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(e) The swimming pool may not be utilised between the hours of 22H00
and 05H00.
EMERGENCY ACCESS
21 Unless an Owner has delivered to the Trustees duplicate keys to its
section for purposes of gaining entry in the event of an emergency,
the Trustees shall be entitled, in an emergency, to obtain forced entry
to the section and shall not be liable for any loss or damage that may
result with such forced entry.
BRAAI
22 Owners shall only be permitted to braai on their balcony’s using gas
appliances approved of by the Trustees and the making of fire on the
balcony or anywhere within the section or on the Common Property is
strictly prohibited.
LIFTS
23 (a) Children under the age of 10 years shall not be entitled to utilise the
lifts unless accompanied by an adult.
(b) Lifts may not be used for the purposes of transporting building
materials and the like in the event of any section being improved or for
the movement of furniture and the like, save with the prior written
consent of the Trustees, who shall be entitled to impose conditions in
respect of its approval, including conditions relating to the use and
protection of the lift, the payment of a fee and the payment of a
deposit by the Owner in question (to cover any damage that may be
caused by such use).
(c) In order to minimise inconvenience to other Owners the use of the lift
for removal of furniture and building materials as aforesaid, shall be
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limited to the following times, namely:
Week Days - 08H30 to 12H00
- 14H00 to 16H00
Saturdays - 08H00 to 13h00
(d) The interior of the lifts may be utilised by the Developer for purposes
of advertising, provided that such signage is of a refined nature and in
keeping with the ethos of the Scheme.
SECURITY
24 The Owners shall abide by the regulations and restrictions imposed by the
Trustees in order to ensure the security of the Scheme and in particular,
restrictions put in place in respect of ingress and egress from the Common
Property of the Scheme.
REMOVAL OF FURNITURE
25 (a) Prior to moving in or out of the Scheme such Owner shall apply to the
Trustees and simultaneously lodge a deposit of R1 000.00, or other
such amount as the Trustees may stipulate, from time to time, with
the Trustees to be used towards any consequential damage to the
Common Property and any electricity cost in respect of lifts.
(b) Such deposit shall be refunded to the Owner within a reasonable time
and the Trustees shall deduct from such deposit the costs of repair
any damages (if any) as well as a reasonable administration fee as
may be stipulated by the Trustees, from time to time.
(c) The Trustees shall be entitled to increase the aforesaid deposit
annually.
SMOKING
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26 Smoking shall not be permitted anywhere on the Common Property of the
Scheme. Should an Owner choose to smoke in his section, he shall do so
with due regard being had to the communal air-conditioning system and shall
be subject to regulation and restriction by the Trustees.
BREACH OF OR FAILURE TO COMPLY WITH RULES
27 (a) Should any Owner, or his lessee, invitee, guest, client, customer,
servant, employee or occupier of his section, or any other person who
may come upon the Common Property by virtue of his right thereto,
breach any of the Rules, or the rules and regulations of the
Association or any other applicable laws or regulations and fail to
remedy such breach within a period of 7 (seven) days of having
received written notice from the Trustees to remedy such breach, the
Trustees shall be entitled to take such action as is available to them in
terms of the Rules and the Act.
(b) In no way detracting from any rights that the Trustees of the Body
Corporate may have in terms of the Act or in Law, the Trustees shall
be entitled, in the situation referred to in paragraph 19 (a) above to,
inter alia:
(i) call for an explanation or an apology
(ii) impose a fine or fines
(iii) withdraw the previously given consent applicable to the
particular issue
(iv) instruct attorneys to advise the Body Corporate or
institute legal action on the Body Corporate’s behalf
(v) refer the matter to arbitration if appropriate (as
contemplated in the Act)
(c) Fines imposed for the breach of or non-compliance with the rules shall
be deemed to be part of the levy due by the owner.
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(d) The rights of the Trustees as referred to above are without prejudice
to any other rights that they may have in terms of the Act in particular
or the Law in general.
(e) In the event of the Trustees having to institute any legal action or
proceedings against an owner as the result of any breach by the
owner of the Act or the rules (including, but in no way limited to, the
non-payment of the levy) the owner shall be liable to refund the Body
Corporate all legal costs incurred in this regard to the maximum
amount permitted by Law and shall include collection charges, the
costs incurred by the Body Corporate in endeavouring to enforce its
rights prior to the institution of legal action and the costs incurred in
connection with the satisfaction or enforcement of any judgment
awarded in favour of the Body Corporate.
DISCLAIMER OF RESPONSIBILITY
28 (a) The Body Corporate shall not be liable for any injury to person,
damage to or loss of property to whomsoever it may belong, occurring
or suffered, upon the Scheme regardless of the cause thereof nor
shall the Body Corporate be responsible for any theft of property
occurring on the Scheme. Owners hereby acknowledge that they shall
not, under any circumstances have any claim or right of action against
the Body Corporate for damages, loss or otherwise, nor be entitled to
withhold or defer payment of any amount due by them for any reason
whatsoever.
(b) The Body Corporate and/or its agents shall not be liable to any owner
or any of the owner’s lessees, or their respective employees, agents,
servants, invitees or customers or any member of the public dealing
with the owner or any lessee for any injury or loss or damage of any
description which the owner or any such other person aforesaid may
suffer or sustain whether directly or indirectly in or about the Scheme,
regardless of the cause thereof.
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(c) Owners shall accept responsibility for and indemnify the Body
Corporate and its employees, servants and lawful invitees against all
claims by any person arising from any injury or loss or damage as
contemplated in clauses 20 (a) and 20 (b) above.
___________________________
CONVEYANCER
GRAEME FURZE PHILLIPS
Garlicke & Bousfield Inc
7 Torsvale Crescent
La Lucia Ridge Office Estate
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