Level 6 Water Restrictions

BREAKING: Level 6 water restrictions come into effect from 1 January 2018

Published by Justin Williams on December 5, 2017

 

Breaking news doing the rounds today is that level 6 water restrictions will be a reality from the start of the new year.

A statement from the Western Cape Provincial Government Gazette released on Friday, 1st December, brings to light that level 6 water restrictions will come into effect in less than a month.

The statement reads:

LEVEL 6 WATER RESTRICTIONS
The City of Cape Town has implemented Level 6 Water Restrictions, effective from 1 January 2018 until further notice.

RESTRICTIONS APPLICABLE TO ALL CUSTOMERS
No watering/irrigation with municipal drinking water allowed. This includes watering/irrigation of gardens, vegetables, agricultural crops, sports fields, golf courses, nurseries, parks and other open spaces. Nurseries and customers involved in agricultural activities or with historical gardens may apply for exemption.
The use of borehole/wellpoint water for outdoor purposes, including watering/irrigating and filling/topping up of swimming pools, is strongly discouraged in order to preserve groundwater resources in the current dire drought situation. Borehole/wellpoint water should rather be used for toilet flushing.
All boreholes and wellpoints must be registered with the City and must display the official City of Cape Town signage clearly visible from a public thoroughfare. All properties where alternative, non-drinking water resources are used (including rainwater harvesting, greywater, treated effluent water and spring water) must display signage to this effect clearly visible from a public thoroughfare.
No topping up (manual/automatic) filling or refilling of swimming pools with municipal drinking water is allowed, even if fitted with a pool cover.
The use of portable or any temporary play pools is prohibited.
No washing of vehicles (including taxis), trailers, caravans and boats with municipal drinking water allowed. These must be washed with non-drinking water or cleaned with waterless products or dry steam cleaning processes. This applies to all customers, including formal and informal car washes.
No washing or hosing down of hard-surfaced or paved areas with municipal drinking water allowed. Users, such as abattoirs, food processing industries, care facilities, animal shelters and other industries or facilities with special needs (health/safety related only) must apply for exemption.
The use of municipal drinking water for ornamental water fountains or water features is prohibited.
Customers are strongly encouraged to install water efficient parts, fittings and technologies to minimise water use at all taps, showerheads and other plumbing components.

RESTRICTIONS APPLICABLE TO RESIDENTIAL CUSTOMERS:
All residents are required to use no more than 87.5 litres of municipal drinking water per person per day in total irrespective of whether you are at home, work or elsewhere. Therefore, a residential property with four occupants, for example, is expected to use at most 10 500 litres per month.
Single residential properties consuming more than 10 500 litres of municipal drinking water per month will be prioritised for enforcement (see note 1). Properties where the number of occupants necessitates higher consumption are encouraged to apply for an increase in quota.
Cluster developments (flats and housing complexes) consuming more than 10 500 litres of municipal drinking water per unit per month will be prioritised for enforcement (see note 1). Cluster developments with units where the number of occupants necessitates higher consumption are encouraged to apply for an increase in quota.
You are encouraged to flush toilets (e.g. manually using a bucket) with greywater, rainwater or other non-drinking water.
No increase of the indigent water allocation over and above the free 350 litres a day will be granted, unless through prior application and permission for specific events such as burial ceremonies.

RESTRICTIONS APPLICABLE TO NON-RESIDENTIAL CUSTOMERS:
All non-residential properties (e.g. commercial and industrial properties, schools, clubs and institutions) must ensure that their monthly consumption of municipal drinking water is reduced by 45% compared to the corresponding period in 2015 (pre drought). (See note 1 below.)
All agricultural users must ensure that their monthly consumption of municipal drinking water is reduced by 60% compared to the corresponding period in 2015 (pre drought). (See note 1 below.)
The operation of spray parks is prohibited.
No new landscaping or sports fields may be established, except if irrigated only with non-drinking water.
For users supplied with water in terms of special contracts (notarial deeds, water service intermediaries or water service providers), the contract conditions shall apply.
NOTE 1: Failure to comply will constitute an offence in terms of the City’s Water By-Law, 2010 (or as amended). The accused will be liable to an admission of guilt fine and, in accordance with Section 36(4), an installation of a water management device(s) at premises where the non-compliance occurs. The cost thereof will be billed to the relevant account holder. Customers with good reason for higher consumption need to provide the City with motivation to justify their higher consumption.
Other restrictive measures, not detailed above, as stipulated in Schedule 1 of the Water By-Law, 2010 (or as amended) still apply.
Exemptions issued under Level 4B and 5 restrictions still apply, subject to review with the possibility of being revoked. Water pressure has been reduced to limit consumption and water leaks, and such may cause intermittent water supply.
In summary, the biggest takeouts are:

• Residential units consuming more than 10 500 litres per month will be prioritised for enforcement
• Non-residential properties to reduce consumption by 45%
• Agricultural users to reduce consumption by 60%
• The use of borehole water for outdoor purposes is discouraged in order to preserve groundwater resources

A full copy of the Government Gazette may be read here.

Duties Of Owners

In this post I have copied the conduct rules regarding the duty of owners. Often there is confusion around what the duty of owners is in a Sectional Title Scheme

this extract is from the updated conduct rules (Act 8 of 2011)

13. (1) An owner must—

(a)       permit any person authorised in writing by the body corporate, during
reasonable hours and on notice (except in case of emergency, when no notice
is required), to enter his or her section or exclusive use area for the purposes
of inspecting it and maintaining, repairing or renewing pipes, wires, cables
and ducts existing in the section and capable of being used in connection with
the enjoyment of any other section or common property, or for the purpose of
ensuring that this Act and the rules are being observed;

(b)        forthwith carry out all work that may be ordered by any competent authority
in respect of his or her section, other than such work as may be required for the
benefit of the building generally, and pay all charges, expenses and
assessments that may be payable in respect of his or her section;

(c)        repair and maintain his or her section in a state of good repair and, in respect
of an exclusive use area, keep it in a clean and neat condition;

(d)        use and enjoy the common property in such a manner as not to interfere
unreasonably with the use and enjoyment thereof by other owners or other
persons lawfully on the premises;

(e)        not use his or her section or exclusive use area, or permit it to be used, in a
manner or for a purpose which may cause a nuisance to any occupier of a
section;

(f)         notify the body corporate forthwith of any change of ownership or occupancy
in his or her section and of any mortgage; and

(g)        when the purpose for which a section or exclusive use area is intended to be
used is shown expressly or by implication on or by a registered sectional plan,
not use nor permit such section or exclusive use area to be used for any other
purpose: Provided that with the written consent of all owners such section or
exclusive use area may be used for that purpose as consented to.

(2)  Any owner who is of the opinion that any refusal of consent of another owner in
terms of the proviso to subsection (1)(g) is unfairly prejudicial, unjust or inequitable to
him or her, may, within six weeks after the date of such a refusal, make an application
in terms of this subsection to an ombud.

Premier declares WC a disaster area – initiates project “Avoiding Day Zero"

22 May 2017

 

Premier Helen Zille has officially declared the Western Cape a disaster area in response to the current drought crisis – the worst since 1904.  

“The disaster declaration will accelerate the Western Cape Disaster Management Centre’s Project “Avoiding Day Zero”, the Province’s strategy to ensure that taps do not run dry,” said Premier Zille.

The declaration will be formally gazetted during the course of this week, and was signed by the Premier during a Cabinet meeting last week. As it stands, the disaster will be classified for a three-month period which can be extended, if the need arises.

During such a classification, the Disaster Management Act empowers the provincial government to protect key frontline service delivery points by reprioritising funding.

Project “Avoiding Day Zero”, led by the Western Cape’s Provincial Disaster Management Centre (PDMC), has three focus areas:

1.    Demand management – managing the current water supply from the respective sources;

2.    Winter conservation – ensuring that water resources are properly managed, despite a rise in dam levels during the rainy season. This avoids a disaster during the dry months; and

3.    Groundwater management – ensuring the proper management of groundwater sources like boreholes or the Table Mountain aquifer.

Government will prioritise interventions based on the provincial Drought Risk Register. Provincial Disaster Management will focus on the most critical aspects of that list. Funding will be reprioritised provincially and, should further assistance be needed, the province will approach National Treasury and the National Department of Water and Sanitation.

According to Provincial Disaster Management, the most immediate interventions, in the coming days will be:

• The drilling of boreholes at hospitals, starting in the metro, to be followed by schools in high-risk water scarce areas.

• Expediting the Environmental Impact Assessments (EIAs) for:
• Testing a mobile desalination plant using existing water inlet flows used for the reactors at the Koeberg site;
• Drilling into the Table Mountain aquifer;

• Appointing groundwater specialists in each district. The specialists will identify main ground water sources and coordinate the exploration and management of these resources going forward.
• Assessing state of water restrictions in the respective municipalities – while local councils remain responsible for making area-specific decisions, the disaster declaration enables the Province to issue instructions for any changes to these restrictions that may be necessary in each locality.

During the current declaration period, a provincial inter-ministerial committee – chaired by Minister Anton Bredell – will meet regularly to assess immediate threats and recommend interventions.

In the last year, at least R27 million has already been re-prioritised for interventions in areas which were declared local disasters.  In January 2016, parts of the West Coast and Central Karoo were declared agricultural drought disaster areas. Hydrological disasters were declared in Prince Albert, Witzenberg and Oudtshoorn. Through our interventions, all of these localities are no longer deemed as disaster areas.

Our government wishes to assure the public that the declaration is no cause to panic. A disaster declaration enhances control by affording the Province additional powers of intervention.

We urge all residents to continue with the current water saving measures and to adhere to restrictions imposed in their respective municipalities.

While it remains a cause for concern, we believe the current drought is an opportunity to innovate and act responsibly in the way we make use of our water resources.
 

Media Enquiries: 

Michael Mpofu
Spokesperson for Premier Helen Zille
071 564 5427
021 483 4584
Michael.Mpofu@westerncape.gov.za

Consuming water in sectional title schemes

Posted In: Paddocks Press Newsletter | 26/04/2017 |         

The current drought (or water crisis) in Cape Town has been an issue in other provinces in South Africa over the past few years. We all need to do our part to save our water resources. This article will address some of the key points to take note of when it comes to water consumption in sectional title schemes.

Water consumption

1.Separate water meters
Most of the older sectional title schemes were developed without separate meters measuring the consumption of water.

In these circumstances the body corporate receives a water bill from the local municipality, and the owners pay for their water consumption in accordance with their participation quota (as shown and allocated to each section on the last sheet of the sectional plan.) The problem with this situation is that the amount paid for water consumption is directly linked to the size or floor area of the owner’s unit, and not to the actual use of water within that section. It could be that the owner of the penthouse section with the highest participation quota only spends one month out of every year in residence during the festive season and uses minimal water for the rest of the year. This owner would be paying more for water than the owner of a bachelor flat within the scheme. However, the owner of the bachelor flat could have three people residing in in the section using high levels of water.


Prescribed management rule (“PMR”) 29(3)(a) provides the mechanism for the installation of separate water meters. A body corporate must, if so directed by a resolution of members install and maintain separate meters to measure the supply of electricity, water, gas or the supply of any other service to each member’s sections and exclusive use areas and to the common property. In terms PMR 29(3)(b) the body corporate must recover from members the cost of such water supply to sections and exclusive use areas based on the metered supply.
The body corporate will also need to install a water meter for common property water consumption. Each owner will pay for that water in accordance with their participation quota.
In the case of Rietvlei Park, all the units have the same participation quota

2.Pre-paid water meters
Another manner of dealing with water consumption in sectional title schemes is for the body corporate to install pre-payment water meters. Practically, the private suppliers of prepaid meters contract with schemes that have bulk meters for the installation of the pre-paid meters, and the users pay a rental for the use of them. The users buy tokens from a designated supplier, being the third party vendor, who provides and maintains the pre-payment facilities and software. The third party vendors pass the money collected from the end users, less a service fee of course, to the body corporate. The body corporate then pays the municipal bill for the bulk supply.
PMR 29(4) provides the mechanism for doing this. There are four requirements that must be met before the body corporate can install the pre-paid meters. Firstly, the body corporate may on the authority of a special resolution install separate pre-payment meters on the common property to control the supply of water to a section or exclusive use area.
Secondly, all members and occupiers of sections must be given at least 60 days notice of the proposed special resolution with details of all costs associated with the installation of the pre-payment system and its estimated effect on the cost of the services over the next three years. It should be noted that it is not practical to provide prepaid meters to only some of the sections in a scheme. This would require extensive rewiring and re-plumbing for the installation of separate meters for the whole scheme. Furthermore, the body corporate would need to consider that there would be cost implications for the installation as well as the service fee charged by the third party vendors.
PMR 29(5) contains two further requirements. In the third place, if a pre-payment system is installed, the body corporate is responsible to ensure that the system does not infringe on the constitutional rights of section occupiers to access basic services. Where water is supplied through pre-paid meters the service is automatically cut off where the service fee is not paid. This is contrary to the Constitutional right to access to water. The 6kl of free water that the scheme gets from the local municipality for each household will need to be pre-programmed into each meter.
Furthermore, bodies corporate are not entitled to cut off water for non-payment of levies because the scheme is not the supplier. Only the service supplier, being the local municipality is entitled to cut off the supply of water. If a body corporate or landlord cuts the water supply they are committing an act of spoliation, and the victim can apply to court for a mandament van spolie – an action to restore the water supply.
Lastly, any member who leases a unit to a tenant is responsible to ensure that the system does not infringe the rights of the tenant in terms of the Rental Housing Act 50 of 1999 (“the RHA”), which deals with matters arising between landlord and tenant, or any other law. In terms of section 16(hA) of the RHA states that “Any person who unlawfully locks out a tenant or shuts off the utilities to the rental housing property will be guilty of an offence and liable on conviction to a fine or imprisonment not exceeding two years or to both such fine and such imprisonment.”
The pre-paid water meter option provides a solution for non-payers of service fees, but can create other problems. It is for this reason that I suggest that bodies corporate rather opt for the installation of separate water meters. As is the case in Rietvlei Park
If you have any questions on the ways in which water is consumed and metered in sectional title schemes please contact us at consulting@paddocks.co.za.
Image source: cgenarchive.org

Parking and Vehicles

Thinking Inside the Box

A Paddocks Sectional Title Lifestyle Blog

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By Zerlinda van der Merwe

We often categorise the issues we experience in sectional title schemes as the “three ‘P’s’ of sectional title living”, namely pets, parking and people, which are more often than not, the cause of all the problems in sectional title schemes. Although this list has been added to over time, the abovementioned three issues remain the favourites. In this article, we will focus on parking.

Prescribed Conduct Rule (“PCR”) 3(1) of Annexure 2 to the regulations under the Sectional Titles Schemes Management Act 8 of 2011 (“STSMA”), provides that the owner or occupier of a section must not, except in a case of emergency, without the written consent of the trustees, park a vehicle, allow a vehicle to stand, or permit a visitor to park or stand a vehicle, on any part of the common property other than a parking bay allocated to that section or a parking bay allocated for visitors’ parking.

PCR 3(2) further provides that the consent granted under subrule (1) must state the period for which the consent is given.

When comparing this conduct rule to its predecessor under the Sectional Titles Act 95 of 1986 (“the STA”), one can see that the rule now provides that vehicles can be parked on common property in the case of emergencies, without the prior written consent of the trustees.

Demarcated visitors parking bays are included in this PCR, and many schemes specifically regulate the use of visitors parking bays in their additional, amended or substituted registered conduct rules.

It is interesting to note that the trustees no longer have the power, in terms of the PCR’s, to cause to be removed or towed away any vehicle parked, standing or abandoned on the common property without the trustees’ consent, unless the scheme amends their conduct rules to grant the trustees this power, which could be extended further to include clamping of these vehicles.

The amended rule should not provide that the trustees may themselves remove or tow away the vehicle, rather that they may arrange for the removal or towing away of the vehicle. By arranging a specialised contractor, the trustees reduce the risk of possible damage to the vehicle, and liability for such damage. However, situations have occurred when the trustees, managing agents or scheme employees have been unsuccessful in their attempts to arrange such a contractor to come out to the scheme to remove or tow away a vehicle. In such a case, clamping of the vehicle may be a better option.

Although the PCR has never provided for clamping of vehicles, the scheme’s amended rules may provide for this action to be taken by the trustees, managing agent, security or other scheme employee.

Bearing in mind that the owner of the vehicle will be liable for the expense of removing or towing away the vehicle, when drafting a rule providing for clamping of vehicles, provision may be made for a release fee or penalty to be paid by the owner of the vehicle before the clamp will be removed from the vehicle. Issues may arise when the owner of the vehicle wishes to remove the vehicle at a time when there is no one available to release the clamp, such as late at night. When clamping the vehicle, it is suggested that a notice be placed on the car, providing the contact details of the party in charge of releasing the clamp.

As with any fining or penalty provision in the scheme’s rules, the rule (and the amount of the fine or penalty imposed) must be reasonable and be enforced through proper procedure.

Should you have any queries relating to this topic, or require our services to draft or review your scheme’s rules, contact us via email at consulting@paddocks.co.za or telephonically on 021 686 3950.

Image source: springsadvertiser.co.za

Q&A on Insurance Cover for Plumbing

Below are a series of questions asked by one of our owners regarding plumbing cover by our insurance company - This is the current cover for 2017.

Since these questions pop up from time to time it is well worth posting both the questions and the answers.

 

Q. Does this policy only cover for replacement or repair of the geyser? Would resulting damage be covered too (such as damage to carpets, cupboards, water damage to paint on ceilings/walls).

A. The geyser is covered for a burst geyser with an excess on a 150lr  of R2000.00 and to a total of R6800.00. Damage to fitted carpets, built in cupboards, walls and ceilings is covered with an excess of .

Q. Do they cover for repair/replacement of leaking pipes in walls? And resulting damage of pipe leaks?  

A. No cover for pipes repair in walls. and no insurance company covers repairs and maintenance. They only pay out due to an event which causes damage. Excess is R1250.00.

 

Q. Is this insurance compulsory, or are owners allowed to insure the structure of their unit with other insurance companies, for instance through the financial institution they are bonded with. I’ve heard of owners that have taken other/additional insurance out, but not sure this is legal. Insurance companies always ask “Is this property covered/insured by others”.

A. In terms of the Sectional Title Act 95 of 1986 the complex it is compulsory to be insured as detailed in the act. This is why there are special insurance policies for sectional title complexes. Owners take out extra insurance on the Body Corporate policy to cover expensive built in cupboards etc.

 

Q. Can individual owners apply for coverage of additional items such as pipes if not included in the insurance already (with Company Rietvlei is insured with)? Or is it possible that the Body Corp can maybe look into other companies that include pipes and resulting damage?

A. No insurance company will cover pipes leaking to be repaired only the damage that is caused by the leak.

Electing Trustees

I found this post by Psychsoma informative and think that owners need to know exactly what process are in place regarding the election of trustees.

Nomination, election and replacement of the Trustees of a Body Corporate

The prescribed Management Rules, Annexure 1 to the Regulations of the Sectional Titles Schemes Management Act (No 8 of 2011), Rule 7 deals with the nomination, election and replacement of Trustees.
“A member”, of the body corporate—namely an owner of a section within the scheme—“may nominate any person for the office of trustee” [PMR 7(1)]. “Such a nomination must be in writing, accompanied by the written consent of the person nominated” [PMR 7(2)]. Nominations are, as per PMR7(4) subjected to election at the annual general meetings (AGMs) of the body corporate[PMR 7(4)].
If a “trustee ceases to hold office”, then a vacancy in the number of trustees occurs—PMR 17(5)(j)(vii) specifies that the number of trustees to be elected to serve is determined at the AGM. In such a case, either the remaining trustees [PMR 7(5)(a) & 13(2)]; or the members in general meeting [PMR 7(5)(b)], may appoint a replacement trustee.
However, with regard to PMR 7(5)(a), there are a number of important conditions:

• PMR 9(a) specifies that the trustees must meet—however alternative ways are made provision for.
• PMR 13(1) specifies a quorum of at least 50% by number, but not less than two, and PMR 13(2) specifies that “if the number of trustees falls below the number necessary to form a quorum, the remaining trustee [erroneously stated] or trustees may continue to act, but only to (a) appoint replacement trustees to make up a quorum; or (b) call a general meeting”.
• However, PMR 14(1)(a) and 14(4) both specify that decisions by trustees are by majority vote, which means that a single remaining trustee cannot appoint replacement trustees by majority vote, unless multiple personalities of such a remaining trustee is legally recognised (ignore, it is not a serious statement). This means, that if for some reason only one person remain as trustee, then s/he cannot appoint replacement trustees, but is obliged to call for nominations from the members. Should the number of nominations exceed the number of vacancies, then obviously election is required. However, since the remaining person cannot take decisions, a general meeting is required to ratify the nomination of replacement trustees.

Replacements further apply, as per PMR 7(7), with regard to appointed of a person for a specific period to serve as a trustee, while a trustee is absent or otherwise unable to perform the duties of that office.
A person holding office as trustee, may be removed from office—as per PMR 6((4)(g)—“by ordinary resolution of a general meeting; provided the intention to vote on the proposed removal was specified in the notice convening the meeting”. Note that the trustees (or the members at a general meeting) may remove the chairperson from office, which does not automatically remove the person from office as trustee [Refer PMR 12(5)].
http://www.psychsoma.co.za/sectional_title_living/2016/11/nomination-election-and-replacement-of-the-trustees-of-a-body-corporate.html

RIETVLEI PARK WATER CONSUMPTION (2019 UPDATE)

For the time being this post wont be updated because the dam levels stable, at least for the time being. If in the future there is a possibility of a water crises I will return to updating our consumption levels.

The intention of this post was to make residents aware of their water consumption in the hope that owners and tenants would take it on themselves to reduce consumption.  This proved to be the case when there was a real threat of a "day zero" scenario. 

Important Links on water consumption:

https://www.westerncape.gov.za/general-publication/simple-ways-save-water-your-home

https://www.westerncape.gov.za/general-publication/latest-western-cape-dam-levels

Residents can check for leaks switching off all the water taps and seeing if your meter still turns.  Don't try this after showering because the geyser could still be filling.

Residents can monitor their water consumption by reading their own water meters - they are situated in the yard in the general area near the downstairs toilet window. See plan below:

Click on map to enlarge

Compiled by Steve McDonagh