Owners’ Information


Please also check out the Residents’ Information page.

Owners in the process of selling a flat must please note the access rules that apply for Show Days: 

These are consistent with the SMG Conduct Rules on Access Control, and have been put in place to ensure secure and controlled access for show days:

  • The owner must advise the Building Manager of the name of the agent(s) and give permission for show day(s) to be held.
  • The agent must advise the Building Manager at least a week in advance of the date and time of the show day, and provide their cellphone number.
  • The agent must be given a copy of the SMG Conduct Rules, and must commit to complying with them, especially those relating to access control and disturbances.
  • Security will be informed of the show day. All visitors must sign in, and they will then be given access and directions to the show flat.
  • The show day may be closed down by security at any time if it becomes a risk or a disturbance to other residents.

Annual General Meetings (including Annual Reports)

Parking

There is a very high demand for parking bays from tenants in the building. If you have a bay that you do not need (short-term or long-term) please inform the Building Manager, who has a waiting list of people wanting bays. (The agreement is a private matter between the owner and the tenant.)

Letting of units

An owner may let or part with occupation of his/her unit provided:

  1. that no such letting and/or parting with occupation shall in any way release the owner from any of his/her obligations to the Body Corporate in terms of the Conduct Rules and any other Rules made in terms of the Act;
  2. that the owner ensures that all tenants of units and other persons granted rights of occupancy are informed of the conduct rules and that they and their visitors and guests are obliged to comply with them.

Therefore the owner of a section is responsible for:

  • all levies, fees, fines or cost of damage incurred by the occupant or the occupant’s guests, visitors, employees and contractors.
  • the conduct of the occupant, any occupant’s guests, visitors, employees and contractors.
  • ensuring that the occupants and the occupant’s guests, visitors, employees and contractors adhere to the rules.
  • including in any lease or other agreement a provision that if the occupants of the section persist in breaking the rules, the owner shall be required to cancel the agreement.
  • notifying the Building Manager in writing of the name and contact details of any agent responsible for letting and/or maintaining the unit.
  • notifying the Building Manager in writing of the name(s) of tenant(s) / occupant(s) and of the period of the lease / agreement. (If this is not done, occupants may be denied access to the building.).

These rules apply equally to short (holiday) lets, but please also refer to the additional information available on our Download page.

Don’t forget to notify your insurance company if you are letting your flat on a short-term basis, as this will affect the risk and the cover.

Who is responsible?

  1. Maintenance and repair of everything inside a section (flat) is the responsibility of the owner.
  2. A balcony is part of the section, therefore the doors and windows between the flat and the balcony are inside the section (and so are the owner’s responsibility).
  3. Walls, doors and windows forming the boundary of the section are shared between the owners on each side (owner and BC, or two neighbouring owners).
    • The owner of the face is responsible for superficial work (e.g. cleaning and painting)
    • The two owners are jointly responsible for necessary maintenance and repairs to doors and windows.
    • If a window bangs and breaks in the wind the occupant of the flat is responsible for replacing the glass (and clearing up the mess).
  4. The Body Corporate is responsible for all infrastructure that is used by two or more owners. This includes water, electricity, sewerage and TV signal system as well as pipes in ducts (which may include cables and pipes in walls, floors and ceilings inside the units).
    Owners are responsible for the cost of their own connections to the shared infrastructure.
  5. Except in an emergency, an owner should not incur any expense on shared infrastructure without getting agreement from the co-owner, as this may result in a dispute.
    • If the BC pays for repairs that turn out to be the responsibility of an owner, the owner will be charged.
    • If an owner pays for repairs that turn out to be the responsibility of the BC the BC will refund the owner on request.
    • Where the Body Corporate is partly or wholly responsible for the work to be done they will use preferred suppliers, and will ensure that the work done meets standards.
  6. The cost of repairing consequential damage may be reclaimed from the owner of the source of the failure (irrespective of fault) e.g. if a leak from pipes in one flat causes damage to furniture in another flat, the owner of the leaky pipes is responsible for reimbursing the owner of the damaged property.
  7. Parking bays are common property and the BC is responsible for their maintenance and conditions of use. The right to use a parking bay does not give the “owner” the right to alter it or damage it in any way, or store anything else there.
  8. For burst geysers, please see the insurance information on the Downloads page

Trustee meetings

Trustee meetings are generally held on the last Tuesday of every month (except December). An owner or other interested person may attend a trustee meeting or request a meeting with the trustees on a specific topic. To request this, or for further information on trustee meetings contact Permanent Trust.

Pigeon control

Pigeons are serious pests in this area and make an unsightly and unhygienic mess on balconies and windows. The Body Corporate has installed a rooftop bird deterrent system which has resulted in a significant drop in the pigeon population at St Martini Gardens. However, there are many balconies where well-established birds still nest. These pockets of resistance have to be attended to by individual residents in order for bird-nesting habits to be broken: please chase away the birds and sweep up their nests daily. Failure to do this may result in a fine.

The Body Corporate has obtained quotes to “bird-proof” balconies at owner’s cost (R1124 for a “standard” balcony). Should you experience a pigeon problem, please contact Riedewaan, or James Blatherwick 082 352 7655 / 021 907 2360 / .
Feeding of pigeons on balconies or in the garden is not permitted.