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;
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;
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;
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;
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;
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
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.
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.
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.
