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Section:10. (2)

Rules

10. (2) The rulesin relation to a building which is divided into sections and common property, means the management rules and conduct rules referred to in section 10(2)(a) and (b), respectively; must provide for the regulation, management, administration, use and enjoyment of sections and common property, in relation to a scheme, means— (a) the land included in the scheme; (b) such parts of the building or buildings as are not included in a section; and (c) land referred to in section 5(1)(d);, and comprise—
(a) management rulesin relation to a building which is divided into sections and common property, means the management rules and conduct rules referred to in section 10(2)(a) and (b), respectively;, as prescribed, which rulesin relation to a building which is divided into sections and common property, means the management rules and conduct rules referred to in section 10(2)(a) and (b), respectively; may subject to the approval of the chief ombud be substituted, added to, amended or repealed by the developer when submitting an application for the opening of a sectional title register, to the extent prescribed by regulation, and which rulesin relation to a building which is divided into sections and common property, means the management rules and conduct rules referred to in section 10(2)(a) and (b), respectively; may be substituted, added to, amended or repealed by unanimous resolutionmeans a resolution— (a) passed unanimously by all the members of the body corporate at a meeting at which—(i) at least 80% calculated both in value and in number, of the votes of all the members of a body corporate are present or represented; and (ii) all the members who cast their votes do so in favour of the resolution; or (b) agreed to in writing by all the members of the body corporate. (2) For the purposes of the definition of owner— (a) if a unit is subject to a lease for a period of 99 years or longer or for the life of the building or buildings concerned and registered in a deeds registry, the holder of such lease is considered to be the owner for the duration of that lease; and (b) if a unit is registered in a deeds registry— (i) in the names of both spouses in a marriage in community of property; or (ii) in the name of only one spouse and forms part of the joint estate of both spouses in a marriage in community of property, either one or both of the spouses are considered to be the owner. of the body corporatein relation to a building and the land in a sectional title scheme, means the body corporate of that building referred to in section 2(1); as prescribed; and
(b) conduct rulesin relation to a building which is divided into sections and common property, means the management rules and conduct rules referred to in section 10(2)(a) and (b), respectively;, as prescribed, which rulesin relation to a building which is divided into sections and common property, means the management rules and conduct rules referred to in section 10(2)(a) and (b), respectively; may, subject to the approval of the chief ombud, be substituted, added to, amended or repealed by the developer when submitting an application for the opening of a sectional title register, and which rulesin relation to a building which is divided into sections and common property, means the management rules and conduct rules referred to in section 10(2)(a) and (b), respectively; may be substituted, added to, amended or repealed by special resolutionmeans a resolution— (a) passed by at least 75% calculated both in value and in number, of the votes of the members of a body corporate who are represented at a general meeting; or (b) agreed to in writing by members of a body corporate holding at least 75% calculated both in value and in number, of all the votes; of the body corporatein relation to a building and the land in a sectional title scheme, means the body corporate of that building referred to in section 2(1);, as prescribed: Provided that such conduct rulesin relation to a building which is divided into sections and common property, means the management rules and conduct rules referred to in section 10(2)(a) and (b), respectively; may not be irreconcilable with any prescribed management rule contemplated in paragraph (a).