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4. DAMAGE, ALTERATIONS OR ADDITIONS
TO THE COMMON PROPERTY AND STRUCTURAL ALTERATIONS TO THE INTERIOR OF SECTIONS
(1)
An owner or occupier of a section shall follow the procedure stipulated in
sub-rule (2), before he commences with any of the following work: -
(a) A visible alteration, addition, extension, renovation, repairs or
decoration to the common property or to the exterior of sections, including, but
not limited to the installation of: -
(i) Any locking device, safety gate, burglar bars or other safety device
for the protection of his section; or
(ii)
Any screen or other device to prevent the entry of animals or
insects; or
(iii) Any radio or television aerial; or
(iv)
Any air-conditioning apparatus.
(b) A visible change to the appearance, quality or colour of the common
property or of any device attached thereto.
(c) An addition, alteration or renovation to the internal structure of a
section, inclusive of, but not limited to the following: -
(i)
Removing or changing of interior walls;
(ii)
Making any openings or changes in the exterior walls;
(iii)
Remodelling of bathrooms or kitchens;
(iv)
Changing or replacing of plumbing, i.e. pipes, shut off valves, toilets, bath
tubs;
(v)
Heating, including pipes, radiators, valves or thermostats;
(vi)
Electrical installations, including wires, circuit breakers, additional
receptacles;
(vii)
Laying of new floors other than carpets;
(viii)
Installing in-unit washers and dryers;
(ix) Installing dish washers and kitchen exhausts;
(x)
Window modifications or replacements are subject to additional requirements.
(xi) The installation of any radio or television aerial, which is visible
from outside a section;
(xii) The installation of any air-conditioning apparatus, which is visible
from outside a section.
(2)
A written request, dated and signed by the unit owner and fully describing the
proposed work, must be submitted to the Trustees no less than 30 days prior to
its intended start. Prior to the commencement with any of the work
referred to in sub-rule (1), an owner or occupier shall: -
(a) Meet or exceed the requirements of the City of Cape Town building
codes for all construction and remodelling work which is subject to building
code regulations and obtain the permission of the local authority (if so
required);
(b) Satisfy the provisions of the applicable Management Rule and the
Sectional Titles Act, No 95 of 1986;
(c) Apply to the trustees in writing for their consent to do the work,
and such application shall be accompanied, (if required or necessary) by: -
(i)
Sufficient plans and specifications to enable the trustees to consider the
design, manner of installation, effects and the suitability of such alteration,
addition or decoration.
(ii) The consent, if applicable, of the local
authority.
(d)
Make a requisite building deposit to the trustees (or to the manager or managing
agent). The amount of the building deposit, as determined by the trustees, will
depend on the extent of the proposed alteration. The building deposit shall be
held as a guarantee to cover the cost of repair of any possible damage to the
common property when carrying out the work referred to in sub-rule (1).
(e) Obtain the written consent from the
trustees of the scope and schedule of the proposed work and adhere to any
further Directives or conditions imposed;
(f) For security purposes, inform the
trustees (or the manager or managing agent) of the contact details of the
contractor and the dates and times that the work will be done.
(3)
If the proposed work, additions, improvements or alterations, in the
Trustees’ sole judgment, (which may be augmented by an opinion obtained from an
outside professional), will not adversely affect the functionality, performance,
and future upkeep of the common areas, the Trustees will grant an approval
provide that:
a.
The unit owner is current on all levy obligations;
b.
All work, material deliveries, and rubbish removal shall comply with the
construction, delivery, and use of the lift rules of the Trustees, a copy of
which must be given by the unit owner to the contractor before the work begins.
c.
The unit owner submits a cheque for the amount determined by the trustees
as a deposit for any damage that might occur to common areas.
d.
A signed and dated affidavit stating that the unit owner and his or her
successors will assume full responsibility for any damage to the common elements
or to the property of other unit owners that may result from the performance or
operation of the proposed additions, alterations, and improvements, as well as
for any expenses incurred by the body corporate in connection with removing and
replacing of owner-installed items to gain access to the common areas for repair
and maintenance purposes. The Trustees or the STA may provide a form designed
specifically for this purpose.
(4)
All work referred to in sub-rule (1) shall –
(a) Conform to the specifications as to
appearance, quality, colour and manner of installation as required by the
trustees and/or as contained in the Guidelines;
(b) Be aesthetically acceptable in accordance with Conduct Rule 5;
(c) Be executed by suitably competent persons or contractors;
(d) Be done in accordance with the Guidelines, Directives and/or
further conditions imposed by the trustees;
(e)
Be performed between the hours of 9:00 and 16:00 on Mondays through
Fridays, and Saturdays from 10:00 until 14:00, since construction, repair and
remodelling may become source of disturbing noise,. No work of this nature
may be done on Sundays or legal holidays
(f) Be executed in such a manner as not to cause damage to the common
property or to the property of other occupiers and not to cause injury to any
person;
(g) Not obstruct any body corporate
employee or contractor in performing any work on the common property.
(5) An owner or occupier of a section 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.
(6) Should any damage (referred to in sub-rule (3)(f)) be caused when
effecting the work referred to in sub-rule (1), the owner shall be strictly
liable for the cost incurred to repair such damage, and should an owner fail to
repair such damage and any such failure persists for a period of 30 (thirty)
days after the giving of written notice to repair, given by the trustees or the
managing agent on their behalf, the trustees shall be entitled to remedy the
owner’s failure and to recover the reasonable cost of so doing from the building
deposit referred to in sub-rule (2)(d) and/or from such owner.
(7) Should a body corporate employee or contractor be obstructed or
hindered in performing any work on the common property, by reason of the work
referred to in sub-rule (1), the owner concerned shall be liable for any
additional costs incurred by the body corporate in the performance of such work.
(8)
All materials, tools, and equipment must always be moved through the rear
parking area. Neither the front nor the rear entrance gate may be left open
while unattended. Parking is not allowed in the back area. Doors must not be
propped in a manner that will damage their hinges, frames, locksets, closures or
the doors themselves. Wedging at the hinge side is expressly prohibited.
(9)
Equipment, tools, materials and debris may not be stored overnight
outside of the unit where the work is performed, as all hallways and stairways
must always be kept free of obstacles, due to fire code and insurance
regulations. Therefore, at the end of each work day, these items must be either
stored within the unit or hauled away. Special waste disposal arrangements can
sometimes be made with a scavenger company at the unit owner’s expense.
(10)
Unit owners are responsible for informing their contractors and suppliers
about the Knightsbridge Mansions requirements and the rules that pertain to
construction, deliveries, lift use and debris removal. Unit owners will be held
liable for any rule infractions and damages to the common areas resulting from
the actions of their contractors and suppliers, as well as from their own
actions.
(11) After conclusion of the work, all rubble shall be removed and the
property shall be neatly restored within a reasonable time as specified by the
trustees. Upon restoration of the property the requisite building deposit shall
be refunded to the owner, if not used to cover any costs aforementioned.
(12) An owner or occupier of a section shall be responsible for the
maintenance of the alterations or additions referred to in sub-rule (1). Should
an owner or occupier fail to maintain such alterations, additions or
decorations, and any such failure persists for a period of 30 (thirty) days
after the giving of written notice to maintain given by the trustees or the
managing agent on their behalf, the body corporate shall be entitled to remedy
the owner’s failure and to recover the reasonable cost of doing so from such
owner.
(13)
Should an owner or occupier effect any work referred to in sub-rules (1) or (4)
without having obtained the trustees written consent, or should the work not
conform to the requirements referred to in sub-rules (3)(a) and/or (b), the
trustees may require an owner to remove such object and restore the property, at
his own costs in accordance with Conduct Rule 17(3).
(14) Notwithstanding the provisions of sub-rule (13), an owner or
occupier who is in breach or non-compliance with the provisions of this Rule, or
any Directives issued in terms hereof, shall be subject to the imposition of a
fine in terms of Conduct Rule 18.
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