APARTMENT NO.
RESIDENTIAL APARTMENTS
CONTRACT OF SALE
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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 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 and 1.4.3 above.
3.
PAYMENT OF THE PURCHASE PRICE
3.1
The amount referred to in 1.6 of the CONTRACT OF SALE shall be paid to the CONVEYANCERS. Such payment shall be invested by the CONVEYANCERS in an interest bearing account with Nedbank Limited, 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 estate agent, referred to in 1.13 above, who received same on the SELLER’S behalf and 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 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).
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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 Nedbank Limited, 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 Nedbank Limited, 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.
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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 5% 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 5% however, by no more than 15%, 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 15% (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 15% (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).
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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
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
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7.
MEMBERSHIP OF THE OCEANS HOTEL 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 HOTEL 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. 8.
CONDITIONS PRECEDENT
8.1
This CONTRACT shall be subject to, and conditional upon :
8.1.1
the necessary finance being granted to develop OCEAN’S HOTEL as envisaged herein;
8.1.2
the building plans in respect of OCEAN’S HOTEL being approved of by the eThekwini Municipality;
8.1.3
the SELLER’S application to increase the building height restriction on the PARENT PROPERTY to 151 metres above means sea level, being approved of by the eThekwini Municipality and
8.1.4
construction of OCEANS HOTEL having commenced; all by no later than 31 May 2017.
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).
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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 (by electronic mail or other means) signed by the SELLER, prior to the CONTRACT lapsing as a consequence of its non-fulfilment.
DATED at…………………………………………………this………… day of ………………………………………………………… 2017
AS WITNESS:
1.
PURCHASER: 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…………………………………………………this………… day of ………………………………………………………… 2017
AS WITNESS:
1.
Guarantor
DATED at…………………………………………………this………… day of ………………………………………………………… 2017
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, as read with the Sectional Titles Schemes Management Act No. 8 of 2011 and all regulations thereto;
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 Hotel 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
“EXCLUSIVE USE AREA” means those portions of the Common Property referred to :
1.13.1
in paragraph 1.4.2 of the CONTRACT OF SALE (the balcony), as shown on the plan, which is Annexure “D” hereto,
1.13.2
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
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1.13.3
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) which the PURCHASER purchases in terms hereof, and which shall be ceded to the PURCHASER on the DATE OF TRANSFER;
1.14
“JURISTIC PERSON” means a partnership, association, trust, body corporate, company, close corporation or other legal or juristic person;
1.15
“OCEANS HOTEL” 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”;
1.16
“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;
1.17
“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”;
1.18
“PROPERTY" means the unit to be established in terms of the ACT, consisting of:
1.18.1
the SECTION and
1.18.2
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);
1.18.3
the EXCLUSIVE USE AREA.
1.19
“PURCHASER" means the purchaser in terms of this CONTRACT designated as such in the introductory section of the CONTRACT OF SALE;
1.20
“RULES" means the rules of the SCHEME a copy of which is Annexure “J” hereto;
1.21
"SCHEME" means the sectional title scheme known as “OCEANS UMHLANGA” comprising the PARENT PROPERTY and all buildings constructed and to be constructed thereon;
1.22
“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;
1.23
“SELLER” means OCEANS UMHLANGA Registration No. 2011/011731/07 its successors in title or assigns;
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1.24
“SITE PLAN” means the plan which is Annexure “B” hereto;
1.25
words importing a gender shall include all genders and the singular shall include the plural and vice versa;
1.26
words or expressions defined in the ACT shall have the same meanings in this CONTRACT;
1.27
clause headings are inserted purely for convenience and shall not be relevant in interpreting the contents of the clauses to which they relate;
1.28
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;
1.29
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;
1.30
any reference to a natural person shall include the legal person and/or an association of persons and vice versa;
1.31
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;
1.32
if a number is reflected in numerals and words, the words shall prevail in the event of any conflict between the two;
1.33
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).
1.34
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.
1.35
any reference to any statute, legislation or regulations shall be deemed to include any lawful amendments thereto or re-enactments thereof.
1.36
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.
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1.37
this CONTRACT shall be governed by and construed according to the Laws of the Republic of South Africa.
1.38
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.
1.39
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;
1.40
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;
1.41
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 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.
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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.
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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 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
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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).
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.
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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 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;
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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 airconditioning 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.
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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 –
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,
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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. 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.
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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
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.
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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 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).
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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, 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.
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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:
8.16.1
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) and
8.16.2
the PURCHASER (and all subsequent owners of the PROPERTY) shall not be entitled to employ domestic help or hire any cleaning services company or the like, to service the PROPERTY, save for the service provider appointed by the ASSOCIATION.
9
AGENT'S COMMISSION
*9.1
The PURCHASER warrants that it was introduced to the PROPERTY, the SCHEME and the SELLER solely by the Estate Agent referred to in 1.13.1 of the CONTRACT OF SALE. The SELLER shall pay to the Estate Agency referred to in 1.13.1 of the CONTRACT OF SALE, a sales commission in the amount referred to in 1.13.3 of the CONTRACT OF SALE. The aforesaid commission shall be deemed to be earned when the CONTRACT becomes fully binding on all parties and shall be payable on the DATE OF TRANSFER.
*9.1
The PURCHASER warrants that it was not introduced to the PROPERTY, the SCHEME or the SELLER by an estate agent and that no estate agent shall have any claim for commission against the SELLER arising out of the sale of the PROPERTY to the PURCHASER in terms hereof. The SELLER shall pay to the Estate Agency referred to in paragraph 1.13.1 of the CONTRACT OF SALE, an administration fee, in the amount referred to in 1.13.4 of the CONTRACT OF SALE in respect of administrative duties undertaken by the estate agency in respect of the sale of the PROPERTY to the PURCHASER in terms hereof.
9.2
The PURCHASER indemnifies and holds harmless the SELLER against any loss, damage or expense sustained, suffered or incurred by the SELLER arising out of the breach of the aforegoing warranty.
*Delete that which is not applicable
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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 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.
RESIDENTIAL APARTMENTS
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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.
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.
RESIDENTIAL APARTMENTS
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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-Ă -vis that party to another physical address in the Republic of South Africa, provided that the change shall become effective vis-Ă -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;
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.
RESIDENTIAL APARTMENTS
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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.
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.
RESIDENTIAL APARTMENTS
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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.
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.
RESIDENTIAL APARTMENTS
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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.
RESIDENTIAL APARTMENTS
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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 HOTEL MANAGEMENT ASSOCIATION (RF) NPC
ANNEXURE “G”
LIST
OF
FICA
DOCUMENTATION
REQUIRED
BY
THE
CONVEYANCERS ANNEXURE “H:
OCEANS HOTEL MANAGEMENT ASSOCIATION (RF) NPC MEMBERSHIP APPLICTION FORM
ANNEXURE “I”
INVESTMENT MANDATE
ANNEXURE “J”
BODY CORPORATE’S RULES
ANNEXURE “K”
ACKNOWLEDGEMENT
RESIDENTIAL APARTMENTS
OCEANS SALES CENTRE
HOTEL
MALL
RESIDENCE SOUTH
OCEANS UMHLANGA - SITE PLAN
RESIDENCE NORTH
OCEANS RESIDENCE ENTRANCE
ANNEXURE “B”
SUMMARY OF EXTERNAL FINISHES
“ANNEXURE C”
• All solid walls and columns to be finished in plaster 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. • Balustrades are composed of curtain wall glazing system on the external face and aluminium cladding on the internal face. A profiled formed aluminium capping will provide the finish to the top of balustrade. • The finishes to all soffits to balconies to match walls. Plaster drips to be formed at leading edges. • All windows and door sections, sliding, stacking and folding doors 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 provided with keys. • All balconies and walkways will be tiled with non-slip tiles and skirting to match. Waterproofing will be applied to all balconies and those walkways exposed to the weather. • The roof will be a flat roof, appropriately waterproofed and insulated and accessible for servicing of equipment. • Balconies will be illuminated with light fittings. • 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. • The lifts are enclosed with glazed screens.
SUMMARY OF INTERNAL FINISHES
• 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 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 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 (or similar approved) cistern and Geberit (or similar approved) 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 (or similar approved) 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.
“ANNEXURE E”
Oceans - Hotel Apartments Levels 17 to 24
17 17 17 17 17 17 17 17 17 Total 18 18 18 18 18 18 18 18 18 Total 19 19 19 19 19 19 19 19 19 Total 20 20 20 20 20 20 20 20 20 Total
H17-01 H17-02 H17-03 H17-04 H17-05 H17-06 H17-07 H17-08 H17-09
Sec on No. 2500 2501 2502 2503 2504 2505 2506 2507 2508
H18 -01 H18 -02 H18 -03 H18 -04 H18 -05 H18 -06 H18 -07 H18 -08 H18 -09
PQ %
A B C D E F G H I
0.0181 0.0181 0.0161 0.0165 0.0297 0.0297 0.0246 0.0277 0.0290
2509 2510 2511 2512 2513 2514 2515 2516 2517
A B C D E F G H I
0.0181 0.0181 0.0161 0.0165 0.0297 0.0297 0.0246 0.0277 0.0290
H19-01 H19-02 H19-03 H19-04 H19-05 H19-06 H19-07 H19-08 H19-09
2518 2519 2520 2521 2522 2523 2524 2525 2526
A B C D E F G H I
0.0181 0.0181 0.0161 0.0165 0.0297 0.0297 0.0246 0.0277 0.0290
H20-01 H20-02 H20-03 H20-04 H20-05 H20-06 H20-07 H20-08 H20-09
2527 2528 2529 2530 2531 2532 2533 2534 2535
A B C D E F G H I
0.0181 0.0181 0.0161 0.0165 0.0297 0.0297 0.0246 0.0277 0.0290
FI
CO N
BE
Sec on Area m² 47 47 42 43 77 77 64 72 75 544 47 47 42 43 77 77 64 72 75 544 47 47 42 43 77 77 64 72 75 544 47 47 42 43 77 77 64 72 75 544
Balcony EUA No. B2500 B2501 B2502 B2503 B2504 B2505 B2506 B2507 B2508
RM
Type
Balcony Unit Total m² m² 11 58 16 63 11 53 11 54 18 95 18 95 18 82 17 89 19 94 683 11 58 16 63 11 53 11 54 18 95 18 95 18 82 17 89 19 94 683 11 58 16 63 11 53 11 54 18 95 18 95 18 82 17 89 19 94 683 11 58 16 63 11 53 11 54 18 95 18 95 18 82 17 89 19 94 683
ED
Unit No.
TO
Floor
B2509 B2510 B2511 B2512 B2513 B2514 B2515 B2516 B2517
B2518 B2519 B2520 B2521 B2522 B2523 B2524 B2525 B2526 B2527 B2528 B2529 B2530 B2531 B2532 B2533 B2534 B2535
Oceans - Hotel Apartments Levels 17 to 24
21 21 21 21 21 21 21 21 21
H21-01 H21-02 H21-03 H21-04 H21-05 H21-06 H21-07 H21-08 H21-09
Sec on No. 2536 2537 2538 2539 2540 2541 2542 2543 2544
22 22 22 22 22 22 22 22 22 Total 23 23 23 23 23 23 23 23 23 Total 24 24 24 24 24 24 24 24 24 Total
H22-01 H22-02 H22-03 H22-04 H22-05 H22-06 H22-07 H22-08 H22-09 H23-01 H23-02 H23-03 H23-04 H23-05 H23-06 H23-07 H23-08 H23-09
PQ %
A B C D E F G H I
0.0181 0.0181 0.0161 0.0165 0.0297 0.0297 0.0246 0.0277 0.0290
2545 2546 2547 2548 2549 2550 2551 2552 2553
A B C D E F G H I
0.0181 0.0181 0.0161 0.0165 0.0297 0.0297 0.0246 0.0277 0.0290
2554 2555 2556 2557 2558 2559 2560 2561 2562
A B C D E F G H I
0.0181 0.0181 0.0161 0.0165 0.0297 0.0297 0.0246 0.0277 0.0290
2563 2564 2565 2566 2567 2568 2569 2570 2571
A B C D E F G H I
0.0181 0.0181 0.0161 0.0165 0.0297 0.0297 0.0246 0.0277 0.0290
Balcony EUA No. B2536 B2537 B2538 B2539 B2540 B2541 B2542 B2543 B2544
4352
m2
CO N
BE
TO H24-01 H24-02 H24-03 H24-04 H24-05 H24-06 H24-07 H24-08 H24-09
Sec on Area m² 47 47 42 43 77 77 64 72 75 544 47 47 42 43 77 77 64 72 75 544 47 47 42 43 77 77 64 72 75 544 47 47 42 43 77 77 64 72 75 544
Total Area of Hotel Apartment Sec ons
B2545 B2546 B2547 B2548 B2549 B2550 B2551 B2552 B2553
FI
Type
Balcony Unit Total m² m² 11 58 16 63 11 53 11 54 18 95 18 95 18 82 17 89 19 94 683 11 58 16 63 11 53 11 54 18 95 18 95 18 82 17 89 19 94 683 11 58 16 63 11 53 11 54 18 95 18 95 18 82 17 89 19 94 683 11 58 16 63 11 53 11 54 18 95 18 95 18 82 17 89 19 94 683
ED
Unit No.
RM
Floor
B2554 B2555 B2556 B2557 B2558 B2559 B2560 B2561 B2562 B2563 B2564 B2565 B2566 B2567 B2568 B2569 B2570 B2571
H17-01 H17-02 H17-03 H17-04 H17-05 H17-06 H17-07 H17-08 H17-09 H18 -01 H18 -02 H18 -03 H18 -04 H18 -05 H18 -06 H18 -07 H18 -08 H18 -09
2500 2501 2502 2503 2504 2505 2506 2507 2508 2509 2510 2511 2512 2513 2514 2515 2516 2517
Unit No. Sect. No.
47 47 42 43 77 77 64 72 75 47 47 42 43 77 77 64 72 75
Area m2
Par ipa n Quota % 0.0181 0.0181 0.0161 0.0165 0.0297 0.0297 0.0246 0.0277 0.0290 0.0181 0.0181 0.0161 0.0165 0.0297 0.0297 0.0246 0.0277 0.0290
H19-01 H19-02 H19-03 H19-04 H19-05 H19-06 H19-07 H19-08 H19-09 H20-01 H20-02 H20-03 H20-04 H20-05 H20-06 H20-07 H20-08 H20-09
Unit No.
BE
2518 2519 2520 2521 2522 2523 2524 2525 2526 2527 2528 2529 2530 2531 2532 2533 2534 2535
Sect. No.
Par ipa n Quota % 0.0181 0.0181 0.0161 0.0165 0.0297 0.0297 0.0246 0.0277 0.0290 0.0181 0.0181 0.0161 0.0165 0.0297 0.0297 0.0246 0.0277 0.0290 2536 2537 2538 2539 2540 2541 2542 2543 2544 2545 2546 2547 2548 2549 2550 2551 2552 2553
Sect. No.
Par ipa n Quota % 0.0181 0.0181 0.0161 0.0165 0.0297 0.0297 0.0246 0.0277 0.0290 0.0181 0.0181 0.0161 0.0165 0.0297 0.0297 0.0246 0.0277 0.0290
Quota
ED
47 47 42 43 77 77 64 72 75 47 47 42 43 77 77 64 72 75
Area m2
on Quota = 1.6760
pa
RM
FI
H21-01 H21-02 H21-03 H21-04 H21-05 H21-06 H21-07 H21-08 H21-09 H22-01 H22-02 H22-03 H22-04 H22-05 H22-06 H22-07 H22-08 H22-09
Unit No.
CO N
47 47 42 43 77 77 64 72 75 47 47 42 43 77 77 64 72 75
Area m2
Total Area = 4 352 m2 - Total Par ci
Oceans Residen al - Hotel Apartments - Par
TO H23-01 H23-02 H23-03 H23-04 H23-05 H23-06 H23-07 H23-08 H23-09 H24-01 H24-02 H24-03 H24-04 H24-05 H24-06 H24-07 H24-08 H24-09
Unit No.
47 47 42 43 77 77 64 72 75 47 47 42 43 77 77 64 72 75 4352m2
Total
Area m2 2554 2555 2556 2557 2558 2559 2560 2561 2562 2563 2564 2565 2566 2567 2568 2569 2570 2571
Sect. No.
1.6760
Par ipa n Quota % 0.0181 0.0181 0.0161 0.0165 0.0297 0.0297 0.0246 0.0277 0.0290 0.0181 0.0181 0.0161 0.0165 0.0297 0.0297 0.0246 0.0277 0.0290
Oceans At Umhlanga - Par
a
uota - Summary
Retail Component Area m2 107 554 5923 228 4571 118 276
Residen al Component cipa uota % 7.1106 7.2134 1.6760 16.0000
Use Apartments - South Tower Apartments - North Tower Apartments - Hotel
RM
Area m2 18 392 18 658 4 352 37 050
FI
Sect. No. 100 - 320 1000 - 1225 2500 - 2571 Total
Use Retail Showroom Post Office Public Transport
cipa uota % 75.0000 0.0025 0.0025 0.0025 75.0075
ED
Sect. No. 1 2 3 4 Total
Area m2 12 650 12 650
BE
Sect. No. 2 000 Total
CO N
Hotel Component
TO
Component Retail Component Residen al Component Hotel Component Total
cipa uota % 8.9925 8.9925
Area m2 118 276 37 050 12 650 167976
Use Hotel
Partici pation Quota % 75.0075 16.0000 8.9925 100.0000
ANNEXURE “F” AIMS AND OBJECTIVES OF THE OCEANS HOTEL MANAGEMENT ASSOCIATION (RF) NPC 1. 2. 3. 4.
5. 6.
To promote the maintenance and upkeep of all sections within OCEANS HOTEL and to ensure that all such sections are maintained in such a way as to derive benefit therefrom for all owners within the OCEANS HOTEL. To ensure that the external appearance of all sections and all signage external to sections within the OCEANS HOTEL are in accordance with the high standards and ambience the owners wish to maintain for the OCEANS HOTEL. 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. 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 HOTEL as a whole. 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. To maintain common areas within the OCEANS HOTEL, 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 HOTEL as the Members may require.
8.
To regulate the conduct of any person within the OCEANS HOTEL 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).
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.
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).
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).
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
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) .
Beneficiary)
*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).
OCEANS HOTEL MANAGEMENT ASSOCIATION (RF) NPC MEMBERSHIP APPLICATION FORM
ANNEXURE “H”
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 Hotel Management Association (RF) NPC (a nonprofit 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 Hotel, (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 Hotel, specifically with regard to: 3.1
the storing of flammable and other harmful substances;
3.2
the conduct of any persons within Oceans Hotel and the prevention of nuisance of any nature to any owner of a section in Oceans Hotel;
3.3
the use of sections within Oceans Hotel;
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 Hotel (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 Hotel 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 Hotel);
3.7
noise levels emanating from any section within Oceans Hotel (including, but in no way limited to, a 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 Hotel 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 on this day of 2017
_____________________________
“ANNEXURE I”
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“ANNEXURE J”
Rules of the Oceans Umhlanga Sectional Title Scheme 1.
The rules prescribed in terms of Section 10(2) of the Sectional Titles Schemes Management Act No. 8 of 2011 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) as read with the Sectional Titles Management Act No. 8 of 2011 and all regulations thereunder;
(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 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)
“Management Act” means the Sectional Titles Management Act No. 8 of 2011 and all regulations thereunder;
(q)
“Ocean Hotel” means the tower block consisting of the sections to be utilised for the purposes of a hotel and residential apartments and 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;
(r)
“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;
(s)
“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;
(t)
“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;
(u)
“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
(v)
“Plan” means the plan attached hereto marked Annexure “A” showing the various Components of the Scheme;
(w)
“Rules” mean the rules of the Body Corporate.
(x)
“Scheme” means Oceans Umhlanga sectional title scheme which is laid out on proposed Portion 15 of Erf 379 Umhlanga Rocks;
(y)
“Trustees” means the trustees from time to time, of the Body Corporate;
(z)
if any of these rules is contrary to the Act or the Management Act or is 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.
(aa)
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;
(bb)
reference to a natural person shall include a legal person and/or an association of persons and vice versa;
(cc)
any reference to any statute, legislation or regulations shall be deemed to include any lawful amendments thereto or re-enactments thereof;
(dd)
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;
(ee)
if a number is referred to in numerals and words, the words shall prevail in the event of any conflict between the two;
(ff)
in interpreting these Rules, no provision shall be construed in a limiting fashion or in accordance with the Eiusdem Generis Rule;
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:
(c)
(a)
By stop or debit order;
(b)
Electronic Funds Transfer;
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 11 of the Management Act, the liability of Owners to make contributions to the expenses of the Body Corporate (and in particular, as contemplated in Section 3(1)(a) and 14(1) of the Management 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 necessarily limited to, the following, namely: 1. 2. 3. 4. 5. 6.
maintenance, cleaning and painting of the Common Property security costs water and electricity utilised managing agentâ&#x20AC;&#x2122;s costs pests and hygiene 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 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 Corporateâ&#x20AC;&#x2122;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. 3.
THE FOLLOWING RULES HAVE BEEN SUBSTITUTED FOR THE CONDUCT RULES PRESCRIBED IN TERMS OF SECTION 10 OF THE MANAGEMENT ACT
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 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 Trusteesâ&#x20AC;&#x2122; 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). (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 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 Ownerâ&#x20AC;&#x2122;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 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 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 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.
Residential Apartments and Penthouses in the Oceans Hotel (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)
To the extent that the Owner : (iii)
of a unit in Ocean 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 and
(iv)
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.
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 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.
(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.
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 municipalityâ&#x20AC;&#x2122;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 engineerâ&#x20AC;&#x2122;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 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 Ownerâ&#x20AC;&#x2122;s unit, on a monthly basis.
GENERATORS 16
No generator, or similar device, may be operated anywhere within the 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 â&#x20AC;&#x153;the call to prayerâ&#x20AC;?, 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. (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.
(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 balconyâ&#x20AC;&#x2122;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 limited to the following times, namely: Week Days Saturdays
(d)
-
08H30 to 12H00
-
14H00 to 16H00
-
08H00 to 13h00
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 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 or to the Community Scheme’s Ombud (as contemplated in the Community Scheme’s Ombud Service Act 9 of 2011)
(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.
(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 ownerâ&#x20AC;&#x2122;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.
(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.
ANNEXURE “K” - 21 -
ACKNOWLEDGEMENT: OCEANS HOTEL RESIDENCES 1.
It is recorded that OCEANS UMHLANGA (PTY) LTD, Registration Number 2011/011731/07
(hereinafter
referred
to
as
“the
SELLER”)
and
____________________________________________ (hereinafter referred to as “the PURCHASER”) intend entering into a contract of sale in terms of which the SELLER shall sell to the PURCHASER the property described as proposed Apartment No._______ Oceans Umhlanga (which sectional title unit is still to be constructed) (hereinafter referred to as the “PROPERTY”) for a purchase price of R_____________ (inclusive of Value Added Tax) (hereinafter referred to as the “CONTRACT OF SALE”). 2.
Insofar as the provisions of Section 49 of the Consumer Protection Act No.68 of 2008 (hereinafter referred to as “the ACT”) apply to the provisions of the aforesaid
CONTRACT
OF
SALE,
the
PURCHASER
specifically
acknowledges that: (a)
the provisions of paragraphs 2.3, 4.2, 4.3 and 8.1 of the CONTRACT and 3.3, 3.4, 3.6, 3.10, 3.11, 3.13, 4.2.2, 5.1, 5.2.6, 5.2.7, 5.3, 6.3, 7.2.1, 7.4, 12 and 23.2, of the CONDITIONS OF SALE to the CONTRACT purport to limit the risk or liability of the SELLER and/or the ASSOCIATION;
(b)
the provisions of paragraphs 9.1 and 13 of the CONDITIONS OF SALE to the CONTRACT, impose an obligation on the PURCHASER to indemnify the SELLER;
(c)
the provisions of paragraphs 2.2 and 3.1 of the CONTRACT OF SALE and 3.6, 5.1, 7.1, 7.7, 8 and 12 of the CONDITIONS OF SALE to the CONTRACT, constitute an acknowledgement of fact by the PURCHASER; Notwithstanding
the
aforesaid,
the
SELLER
and
the
PURCHASER
acknowledge and agree that all the terms and conditions of the CONTRACT are material, however, in an endeavor to comply with the provisions of Section 49 of the ACT, insofar as it may apply to the provisions of the CONTRACT OF SALE, the aforesaid specific acknowledgements have been made.
3.
The PURCHASER acknowledges that it understands the English language and considers itself fluent therein.
4.
The PURCHASER acknowledges that it was previously forwarded a copy of the CONTRACT OF SALE, and that it has had an opportunity to carefully read and consider the provisions of the CONTRACT OF SALE 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 would explain any provision of the CONTRACT OF SALE 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. 5.
The PURCHASER acknowledges that the CONVEYANCERS are not able to invest the amount referred to in 1.6 of the CONTRACT OF SALE (nor any amount paid into trust with the CONVEYANCERS by the PURCHASER), 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 (see annexures “G” and “I” to the CONTRACT OF SALE in this regard).
6.
The PURCHASER acknowledges that while the PURCHASER may utilize the proceeds of a loan to finance the purchase of the PROPERTY, the CONTRACT OF SALE shall not be, in any way, subject to, or conditional upon, the PURCHASER being granted a loan.
7.
The PURCHASER acknowledges that its rights in terms of the CONTRACT OF SALE may not be transferred or ceded by the PURCHASER to any third party. In addition, the PURCHASER acknowledges that it is not entitled to sell the PROPERTY prior to taking transfer of same.
8.
The PURCHASER acknowledges that the OCEANS UMHLANGA marketing material does not constitute part of the CONTRACT OF SALE and the contents thereof is not warranted by the SELLER and is subject to change.
As a consequence, the PURCHASER shall not rely on the contents of any marketing material in entering into the CONTRACT OF SALE. 9.
While it shall be incumbent upon the PURCHASER to familiarize itself with the rules of the SCHEME, (which the PURCHASER acknowledges will vary from the standard rules prescribed by legislation), prior to signing the CONTRACT OF SALE (it being recorded that a full set of the rules shall be annexed to the CONTRACT OF SALE), the following important aspects of the rules are specifically brought to the PURCHASERâ&#x20AC;&#x2122;S attention, namely:
9.1
the liability of owners to make a contribution to the expenses of the Body Corporate will be modified as follows, namely: â&#x20AC;&#x153;Where expenses of the body corporate are directly attributable to one component (it being recorded that the SCHEME will consist of three components namely, the commercial, hotel and residential), 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 necessarily be limited to, the following, namely: 1. Maintenance of the common property; 2. Security costs; 3. Water and electricity utilized; 4. Managing agents cost; 5. Pests and hygiene and 6. cleaning The general expense 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. 9.2
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); 9.3
the rules shall include certain specific rights and powers in favour of the SELLER during the “Development Period” (which shall be defined as the period from the date of the opening of the sectional title register of the SCHEME until such time as the SELLER 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 the Sectional Titles Act 1986 (as amended)) and
9.4
the PURCHASER (and all subsequent owners of the PROPERTY) shall not be entitled to employ domestic help or hire any cleaning services company or the like, to service the PROPERTY, save for the service provider appointed by the ASSOCIATION.
Signed by the PURCHASER at DURBAN at ________ on this __ day of __________________2017 AS WITNESSES: 1._________________ ________________________________ PURCHASER
Signed by the SELLER at
. on this
. day of
2017 AS WITNESSES: 1._________________ ____________________________________________ OCEANS UMHLANGA (PTY) LTD herein represented by __________________________, in his capacity as director, duly authorized hereto
RESIDENTIAL APARTMENTS