Sectional Titles (Conduct) Rules (Chapter 33:04)

1/25/2016 Laws of Botswana http://www.elaws.gov.bw/default.php?UID=602 30/42 MORE FULLY: On sectional plan no................................................................. DESCRIBED IN THE SCHEME: KNOWN AS: ....................................................................................................... HELD UNDER: ....................................................................................................... AND the Appear q.q. declared to bond the mortgager to the following conditions: IN WITNESS WHEREOF I, the said Registrar, together with the Appearer q.q. have subscribed to these presents, and have caused the seal of office to be affixed thereto THUS DONE AND EXECUTED at the Office of the Registrar of Deeds for Botswana at Gaborone on the................................day of................................in the year of our Lord Two Thousand and................................./...............(20.........). In my presence .................................................... ......................................... REGISTRAR OF DEEDS q.q. HIS PRINCIPAL SECTIONAL TITLES (CONDUCT) RULES (under section 66) (30th December, 2005) ARRANGEMENT OF PARAGRAPHS RULE 1. Citation 2. Keeping of animals 3. Disposal of refuse 4. Vehicles 5. Alteration to the common property 6. Outside appearance of sections 7. Signs 8. Littering 9. Laundry 10. Storage of inflammatory materials, etc. 11. Pests 12. Noise 13. Obligation of occupants 14. Penalty S.I. 91, 2005. 1. Citation These Rules may be cited as the Sectional Titles (Conduct) Rules. 1/25/2016 Laws of Botswana http://www.elaws.gov.bw/default.php?UID=602 31/42 2. Keeping of animals (1) An owner or occupier of a section shall not, without the written consent of the trustees, keep any animal in his or her section or on the common property of the building. (2) The trustees may grant the consent referred to in subrule (1) on such conditions as the trustees may determine. (3) The trustees may withdraw the consent to permit an owner to keep an animal in his or her section in the event of any breach of a condition set by the trustees under subrule (2). 3. Disposal of refuse An owner or occupier of a section shall­ (a) maintain a receptacle for refuse disposal within his or her section or dispose of refuse in a part of the common property which is designated by the trustees in writing for refuse disposal; (b) ensure that before the refuse is placed in the receptacle, the refuse is securely wrapped, or in the case of a tin or a container, it is drained; (c) for the purpose of having refuse collected, place the receptacle within the common property at the time designated by the trustees for refuse collection; and (d) promptly return the refuse receptacle to his or her section or the other area referred to under paragraph (a) after the refuse is collected. 4. Vehicles (1) No owner or occupier shall park or stand a vehicle on the common property or permit any vehicle to be parked or stand in the common property without the written consent of the trustees. (2) The trustees may cause to be removed or towed away at the risk and expense of the owner of a vehicle, any vehicle parked, or standing on the common property without the trustees' consent. (3) Where permission to park or stand a vehicle in the common property is granted, an owner or occupier of a section shall ensure that his or her „vehicle does not drip oil or drip brake fluid on to the common property or in any way deface the common property. (4) No owner shall dismantle or effect major repairs to any vehicle on any portion of the common property, or on his or her exclusive portion. 5. Alteration to the common property (1) An owner or occupier of a section shall not mark, paint, drive nails or screws into the common property or otherwise damage or alter any part of the property without the written consent of the trustees. (2) Notwithstanding the provision of subrule (1), an owner or an authorised person may install­ (a) any locking device, safety gate, burglar bars or other safety device for the protection of his or her section; or (b) any screen device to prevent the entry of animals or insects. 6. Outside appearance of sections The owner or occupier of a section used for residential purposes 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. 7. Signs No owner or occupier of a section, used for residential purposes, shall place any sign, notice, billboard or advertisement of any kind on any part of the common property or of a section, so as to be visible from the outside of the section, without the written consent of the trustees. 8. Littering An owner or occupier of a section shall not throw any waste matter on the common property. 9. Laundry An owner or occupier of a section shall not, without the written consent of the trustees, erect his or her own washing lines, or hang any washing or laundry on any part of the building or the common property so as to be visible from the outside of the building or from any other section. 10. Storage of inflammatory materials, etc. An owner or occupier of a section shall not store any inflammatory substance in the building or any dangerous material which may increase the rate of the premium payable by the association on any insurance policy. 1/25/2016 Laws of Botswana http://www.elaws.gov.bw/default.php?UID=602 32/42 11. Pests (1) An owner shall keep his or her section free of pests and to this end shall permit the trustees, or the managing agent and their duly authorised agent or employee, to enter upon the section from time to time for the purpose of inspecting the section and taking such action as may be reasonable in the eradication of pests. (2) The cost of the inspection, eradication of the pests and the replacement of any section which may be damaged by the pests shall be borne by the owner of the section concerned. 12. Noise No owner or occupier shall­ (a) cause a disturbance to other owners or occupiers in the building; or (b) make an unnecessary noise in a way that is likely to cause annoyance to other owners or occupiers in the building. 13. Obligation of occupants (1) An owner or occupier of a section shall comply with these conduct rules, notwithstanding any provision to the contrary contained in any lease or any grant of rights of occupancy. (2) An owner of a section shall ensure that a lessee, or an occupant, or a guest or a family member complies with these rules. 14. Penalty An owner or occupier who breaches any of these rules shall pay a fine to be determined by the members of the association during the annual general meeting. SECTIONAL TITLES (MANAGEMENT) RULES (under section 56(a)) (30th December, 2005) ARRANGEMENT OF RULES RULE PART 1 Preliminary 1. Citation 2. First general meeting PART II Trustees 3. Trustees of association 4. Tenure of office of trustees 5. Qualification 6. Nomination 7. Filling of vacancies 8. Resignation 9. Removal from office 10. Meeting of trustees 11. Quorum 12. Chairperson 13. Voting 14. Remuneration