MANAGEMENT AND CONDUCT RULES Clause Samples
The 'Management and Conduct Rules' clause sets out the standards and procedures for how a business, project, or organization should be managed and operated on a day-to-day basis. It typically outlines the roles and responsibilities of key personnel, decision-making processes, and protocols for meetings or reporting. For example, it may specify how directors are appointed, how meetings are called, or how conflicts of interest are handled. The core function of this clause is to ensure orderly and transparent management, reducing the risk of disputes and providing a clear framework for governance.
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MANAGEMENT AND CONDUCT RULES. 9.1 The Seller shall submit the Rules for registration (in addition to the management rules in the Sectional Title Management Act (STMA)), when submitting the application for the opening of the Sectional Title Register.
9.2 The Purchaser shall from occupation date, adhere to the Rules (and management rules per the STMA) notwithstanding that such would only be operative from the date of formation of the body corporate.
9.3 The Seller shall, until the Body Corporate comes into being, enjoy the same rights and powers as the Body Corporate and their trustees enjoy in terms of such Rules.
9.4 The Purchaser irrevocably appoints the Seller as the Purchaser’s proxy, which appointment the Seller accepts, to vote on the Purchaser’s behalf at the first meeting of the Body Corporate for the appointment of the Managing Agents for the first 2 (two) years of the existence of the Body Corporate.
9.5 The Seller records that prior to the date of the establishment of the Body Corporate, it shall enter into a written binding agreement with an internet service provider at its sole discretion, for the supply of inter alia a fibre network in the Scheme. This contract shall be ceded to the Body Corporate upon its establishment and shall be binding upon the Body Corporate and all members thereof including the Purchaser. The Purchaser hereby expressly consents to such contract being entered into and irrevocably appoints the Seller as the Purchaser’s proxy, which appointment the Seller accepts, to vote on the Purchaser’s behalf at the first meeting of the Body Corporate with regards to the acceptance of the Cession of the aforesaid contract. A copy of the contract is available upon request.
MANAGEMENT AND CONDUCT RULES. 21.1 The purchaser acknowledges that he is familiar with the rules as referred and contained in section 10 of the STSMA as published in Government Gazette 40335 of 7 October 2016.
21.2 A copy of the rules can be viewed on the website at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇/documents/sectional-titles-schemes-management-act or a copy will be made available to the Purchaser on request.
MANAGEMENT AND CONDUCT RULES. (if applicable)
13.1 It is recorded that the standard Management Rules and Conduct Rules are the rules which are prescribed by the Regulations promulgated by the Sectional Titles Act, 95 of 1986 or the Sectional Titles Schemes Management Act, 8 of 2011 whichever is applicable and may be amended from time to time.
13.2 The purchase will on date of transfer become a member of the Body Corporate of the Sectional Title Scheme and will be bound by the rules as set out in clause 13.1
MANAGEMENT AND CONDUCT RULES. 13.1 It is recorded that the standard Management Rules and Conduct Rules as provided for in the Sectional Titles Schemes Management Act 8 of 2011 shall apply provided that, in terms of Section 10(7) and (8) of the Sectional Titles Schemes Management Act 8 of 2011, the Parties shall be obliged to cooperate and do anything that may be required to have the effect that:
13.1.1 the Conduct Rules are amended to read, substantially, the same as the Conduct Rules which can be downloaded/viewed by using the URL; and
13.1.2 the Management Rules are amended to have the effect that the owner (from time to time) of each section in the scheme shall have the right of exclusive use and enjoyment for the purposes of parking of motor vehicles on those parts of the common property with the same number as the relevant section as indicated on the Sketch Plans.
13.2 By the signing of this Agreement the Purchaser, provides his Power of Attorney to the Seller and appoint the Seller as his agent to effect the aforesaid amendments to the Rules.
MANAGEMENT AND CONDUCT RULES. LEVIES RENTAL MANAGEMENT The SELLER hereby consents that the Property may be let to a suitable tenant with effect from the Completion Date if the Purchaser does not intend occupying the Property himself. The PURCHASER hereby appoints the Independent Property Inspector as its sole and exclusive agent to procure and place tenants in the Property and act as his rental agent for a period of 3 (three) years from the Completion Date on the terms and conditions of the Independent Property Inspector’s standard rental management agreement from time to time. DIRECT MARKETING AND COOLING OFF The Seller is not prepared to enter into this Agreement if the agreement resulted from direct marketing. The PURCHASER therefore warrants that this AGREEMENT is not entered into because of direct marketing. The PURCHASER understands that if, after delivery of the Property, the Purchaser is successful in cancelling this Agreement by relying upon the right of cancellation flowing from the direct marketing provisions of the CPA, the Purchaser shall be liable for damages suffered by the Seller as a result thereof on the basis of the Purchaser’s breach of this warranty. AGENT’S COMMISSION If the PURCHASER fails to carry out his obligations in terms of this agreement and as a result of such breach this agreement is cancelled, then and in such event, the AGENT shall, without prejudice to the SELLER'S remedies, have the right to recover AGENT'S commission directly from the PURCHASER who shall become liable therefore in the amount calculated at the rate of 5% (Five percent) Plus VAT thereon of the purchase price.
MANAGEMENT AND CONDUCT RULES. The purchaser acknowledges that he is familiar with the rules as referred and contained in section 10 of the STSMA as published in Government Gazette 40335 of 7 October 2016. A copy of the rules can be viewed on the website at ▇▇▇▇▇://▇▇▇▇▇.▇▇.▇▇/properties/baileys-junxion/ or ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇/documents/sectional-titles- schemes-management-act or a copy will be made available to the Purchaser on request. The bona fide estimate of the monthly levy, pending the final determination thereof, is as set out in the Transaction details of the Information Schedule. Should the Body Corporate determine an actual levy after it having being established, then the actual levy will replace the estimate levy. The Purchaser will be liable for the date of transfer of the unit for the payment of levies payable calculated in accordance with the participation quota attributable to each unit payable to the body corporate. In terms of section 16 of the CPA, if this Agreement has been entered into as a result of direct marketing, meaning that the Purchaser was directly or indirectly approached either in person or by mail or electronic communication by the Seller or the Agent for the purpose of promoting or offering to supply, in the ordinary course of business, the sale of the Property hereby sold, the Purchaser would have been entitled to cancel this Agreement without reason or penalty by written notice within 5 (five) days after the Signature Date, or within 5 (five) business days after delivery of the Property. The Seller is therefore not prepared to enter into any agreement with the Purchaser if such agreement would have resulted from such direct marketing. The Purchaser therefore warrants that this transaction is not entered into if such direct marketing conducted by the Seller and the Seller enters into this Agreement relying entirely upon such warranty.