PALERMO

 

 

26.  Hot Water Systems (By-Law 26)
 

(a)   The owner of each lot has a right to use the common property hot water system.

 

(b)   Each owner or occupier must give the owners corporation, or a person authorised by the owners corporation, reasonable access to his or her lot to maintain, repair or replace the connections to the hot water system.

 

(c)   The owners corporation must operate, maintain, repair and replace the hot water system.

 

(d)   The owners corporation may enter into agreements with third party providers in relation to the operation, maintenance, repair and replacement of any hot water system.

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27.  Structural Support in the Building (By-Law 27)
 

An owner or occupier must not carry out any alteration to any part of the building, which renders structural support to any other part of the building without first submitting copies of all relevant plans, and approvals to the owners corporation and obtaining the prior written approval of the owners corporation to the proposed alteration. The consent of all relevant authorities required by law must also be obtained for the alterations and any works approved by the owners corporation must be carried out in accordance with the conditions imposed by all relevant authorities and the owners corporation.

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28.  Access to Inspect or Read Meters (By-Law 28)

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Where any meter is located within a lot, the owner or occupier of that lot must, on reasonable notice, give access to persons by the owners corporation to allow the reading or servicing of that meter. An owner or occupier is entitled to require the presence of the strata manager, estate manager or other authorised employee or representative of the owners corporation before granting access to allow inspection or reading of any meter that is located within a lot.

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29.  Swimming Pool and Recreation Facilities (By-Law 29) - AMENDED 03/11/2010 – See Special By-Law 4

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30.  Controls on Hours of Operation and Use of Facilities (By-Law 30)
 

(a)   The executive committee may make any of the following determinations if it considers the determination is appropriate for the control, management, administration, use or enjoyment of the lots or the lots and common property of the strata scheme:
 

(1)   that non residential activities may be conducted on a lot or common property only during certain times;
 

(2)   that facilities situated on the common property may be used only during certain times or on certain conditions;
 

(3)   that deliveries to or from a lot or lots are to be transported through or on common property only during certain times or on certain conditions.
 

(b)   An owner or occupier of a lot must comply with a determination referred to in by-law 30(a).

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31.  Annual Fire Safety Certification (By-Law 31)
 

The owners corporation shall certify to the council and the NSW Fire Brigade and provide a Fire Safety Certificate annually confirming that the essential services installed in the building for the purpose of fire safety have been inspected and at the time of inspection are capable of operating to the required minimum standard.

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32.  Loading and Unloading (By-Law 32)
 

An owner or occupier of a lot must ensure that all loading and unloading of service vehicles in connection with the use of the lot shall be carried out wholly within the site at all times, or in designated on-street loading zones approved in consultation with council under a traffic management plan.

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33.  Unobstructed Driveways and Parking Areas (By-Law 33)
 

An owner or occupier of a lot must not at any time obstruct driveway or parking areas and will not use any driveway or car spaces for the manufacture, storage or display of goods, materials or any other equipment and the driveways and car spaces are to be used solely for vehicular access and for the parking of vehicles associated with the use of the lot.

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34.  Vehicular Access (By-Law 34)
 

The owners corporation will exhibit signs in a prominent location advising that all vehicles entering or leaving the common property are to be driven in a forward direction at all times.

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35.  Noise Control - Plant and Machinery (By-Law 35)
 

An owner or occupier of a lot must not cause the emission of noise by the operation of any plant and machinery or other equipment on a lot that exceeds 5dB(A) above the background noise level when measured at the boundary of the lot.

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36.  Public Access (By-Law 36)
 

An owner or occupier will not obstruct a public accessway with any materials, vehicles, refuse, skips or the like under any circumstances.

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37.  Energy and Water Rated Appliances (By-Law 37)
 

All appliances installed in a lot must be energy rated appliances with an energy star rating of 3 stars or more. All fittings must be water saving fittings and appliances with AAA water rating or more.

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38.  Failure to Comply with By-Laws (By-Law 38)
 

(a)   The owners corporation may do any act, as an owner or occupier of a lot, that an owner or occupier should have done
        under the act or these by-laws, but which an owner or occupier has not done or, in the reasonable opinion of the owners
        corporation, has not done properly
 

(b)   The owners corporation must give an owner and/or occupier written notice specifying when if will enter an owners and/or
        occupier's lot to do any work required to be done in exercise of the rights conferred on the owners corporation under these
       by-laws. An owner and/or occupier must:
 

(1)   give the owners corporation (or persons authorised by it) access to an owner's and/or occupier's lot as required by the notice and at the cost of that owner and/or occupier; and
 

(2)   pay the owners corporation the costs incurred for doing the work.
 

(c)   The owners corporation may recover money an owner or occupier owes it under these by-laws as a debt payable upon
       demand.

(d)   The rights of the owners corporation under this by-law 38 are in addition to those that it has under the act.

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39.  Cleaning of Lot and Rangehoods (By-Law 39)
 

The owner or occupier shall maintain the lot in a clean and tidy condition and free of vermin and shall clean the filters of any range-hood installed in the lot every three (3) months.

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40.  Products Used in Scheme (By-Law 40)
 

The owners and occupiers acknowledge that natural products have been specified in the design of the building and that these natural products have characteristics that may lead to uneven wear, minor distortion, staining and discoloration. An owner and occupier cannot make any objection in relation to these matters. The owners corporation must treat and maintain those materials regularly and in accordance with the suppliers recommendations.

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41.  Use of Balconies (By-Law 41)
 

The owner or occupier must not, without the written consent of the owners corporation, use balconies or permit balconies to be used by any other person, to store furniture, goods or any other item. Outdoor furniture kept on balconies:
 

(a)   must be in keeping with the appearance of the rest of the building; and
 

(b)   must not cause damage or be dangerous or have potential to cause damage or injury.

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42.  Carwash Bays (By-Law 42)
 

An owner or occupier using the car wash bay area ("the area") in the common property must:
 

(a)   ensure that the area is kept clean and all rubbish is removed from the area; and
 

(b)   not use the area at any time for temporary car parking.

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43.  Storage Areas (By-Law 43)
 

(a)   The owner or occupier of any storage area will:
 

(1)   not, except with the prior written approval of the owners corporation, use or store in the storage area any inflammable chemical, liquid or gas, any explosive, corrosive agent or compound or toxic substance or other inflammable material;
 

(2)   be responsible for the repair of any damage caused to the storage area and common property as the result of the use of the storage area; and
 

(3)   ensure the storage area is kept clean and free of all rubbish and vermin.
 

(b)   The owner or occupier of any storage area that has an area large enough to allow the storage of a motor vehicle, trailer or boat, shall be entitled to store a motor vehicle, trailer or boat in the storage area.

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44.  Smoking (By-Law 44) - Amended 11 / 11 / 2015

'Smoke' or 'Smoking' means burning and/or inhaling tobacco by way of cigarettes (including roll-your-own tobacco), pipes, cigars and the like.

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Restrictions on Smoking

 

Smoking is prohibited anywhere on or about common property at all times.
 

(a) An Owner/tenant/visitor must not smoke within a Lot so as to cause a nuisance to, or otherwise interfere unreasonably with, the use or enjoyment of the common property or any other Lot by any other person entitled to the use or enjoyment of the common property or another Lot.

 

(b) An Owner/tenant must ensure that their invitees comply with the restrictions of this by-law at all times.

 

(c) For the avoidance of doubt this by-law does not apply to the smoking of prohibited substances which is prohibited at all times by the Crimes Act 1900.

 

(d) An Owner/tenant/visitor must comply with any reasonable directions of the owners corporation given under this by-law.

 

(e) The owners corporation, or the strata managing agent, may serve a notice under section 45 of the Strata Schemes Management Act, requiring the Owner/tenant to comply with this by-law if it is satisfied that there has been a contravention of it.

 

(f) The owners corporation may apply for an order of the tribunal under section 203 of the Strata Schemes Management Act that an Owner/tenant pay a pecuniary penalty, if it is satisfied that the Owner/tenant has, following service of the notice served under section 45 of the Strata Schemes Management Act, contravened the by law.

 

(g) The owners corporation may, in addition to the order sought under clause (f) hereof, seek an order under section 204 of the Strata Schemes Management Act for the payment of costs

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45.  Bicycle Storage (By-Law 45)
 

Development application 280-11-2004 condition B19 states that a minimum of 105 bicycle spaces will provided within the development. For the purposes of this condition lots are being designated as utility lots to accommodate the required number of bicycle spaces.

However if the owner of all or any these designated lots is able to relocate bicycle spaces to an alternative location acceptable to Auburn Council and if spaces are so relocated the utility lots may be used for storage or accommodation of boats, motor vehicles or goods.

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46.  Definitions and Interpretations (By-Law 46)

 

46. Definitions
 

"act" means Strata Schemes Management Act 1996 (NSW) as amended.
 

"association property" means lot 1 in the community plan and all items of infrastructure.
 

"authority" means any national, state or local government, semi-government, quasi­government or other body or authority, statutory or otherwise, including but not limited to any court or tribunal having jurisdiction and power in relation to the scheme.
 

"balcony" means the areas shown on the strata plan as being a "terrace" or "enclosed terrace" or any other area generally considered to have the attributes of a balcony as determined by the executive committee.
 

"building" means the building constructed within the scheme and includes all recreational facilities, car parking, storage areas and common property within the scheme.
 

"common property" means the common property created upon the registration of the strata plan and the personal property of the owners corporation.
 

"community association" means community association DP 270113.
 

"community management statement" means the community management statement registered with the community plan.
 

"community parcel" means the land the subject of the community scheme constituted on registration of the community plan.
 

"community plan" means the deposited plan creating a community scheme to which the strata scheme is subject.
 

"consent authority" means the relevant consent authority from time to time with building and development consent power in respect of the community parcel.
 

"council" means Auburn Council.
 

"estate manager" means the entity which is contracted to carry out estate management services for the community association.
 

"executive committee" means the committee appointed by the owners corporation. "lot" means a lot in the strata scheme.
 

"occupier" means the occupier, licensee or person in lawful possession of a lot.
 

"original proprietor" means Payce Properties Pty Limited or any nominee of Payce Properties Pty Limited notified to the community association.
 

"owner" means, if a leasehold interest exists in respect of a lot:

(a)   the lessee for the time being of a leasehold interest in the lot; and

(b)   a mortgagee in possession of a lot.

If no leasehold interest exists in respect of a lot, owner means the proprietor or mortgagee in possession of the lot.
 

"owners corporation" means the owners in the strata scheme.
 

"recreational facilities" means the swimming pool, toilet and shower facilities located in the common property and includes (but is not limited to) equipment used to operate and maintain the swimming pool, swimming pool furniture, change rooms and the common properly immediately surrounding the swimming pool.
 

"scheme" means the strata scheme created on registration of the strata plan accompanying these by-laws.
 

"site" means the land comprising the strata plan.
 

"storage area" means any area that is designated on the strata plan as a storage area including designated storage areas that form part of a lot and any area which the original owner or owners' corporation, as the case may be, has granted to an owner being a right to the exclusive use and enjoyment of an area of common property for the purpose of storage.
 

"strata manager" means the person appointed from time under Part 4 of the act in relation to the scheme.
 

"strata plan" means the strata plan SP 79088 registered with these by-laws.

 

46.  Interpretation 
 

In these by-laws unless the contrary intention appears:
 

(a)   a reference to an instrument includes any variation or replacement of it;
 

(b)   the singular includes the plural and vice versa;
 

(c)   a reference to a person includes a reference to the person's executors, administrators, successors, substitutes (including, with limitation persons taking by novation and assign; and
 

(d)   headings are for convenience and do not effect the interpretation of these by-laws.
 

(e)   Unenforceability of a part or provision of these by-laws does not affect the enforce-ability of any other part or provision.

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​47. Window coverings (By-Law 47)
 

(a) Owners and Occupiers must ensure the window treatment of their Lot (such as curtains, blinds, shutters and louvres) is either of a neutral or off white colour or a colour approved in writing by the Owners Corporation. Any window treatment, such as shutters, must be painted in a neutral or off white colour or a colour approved in writing by the Owners Corporation.

 

(b) Owners and Occupiers must not tint the windows or glass doors of their Lot with mirror reflective tint unless approved in writing by Owners Corporation.

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(c) Owners and Occupiers must not without the written consent of the Owners Corporation:

 

• tint the windows or glass door of their Lot with any type of tint;
   

• attach, erect, install or affix any window treatment to the outside of the windows or doors on their Lot (such as louvres, shutters, awnings, sun shades or sun blinds); or
   

• attach, erect, install or affix any bars, screens (whether security screens or insect screens), grilles, locks or any other safety device on the interior or exterior of windows or doors in their Lot which are visible from outside the Lot.
   

• The Owner must ensure that the Improvements comply with the standards as set out in the Building Code of Australia (BCA) current at the time the Improvements are being carried out by the Owner.

 

Repair and Maintenance

 

The Owner must, at the Owner’s cost:

 

(a) properly maintain and keep the common property to which the curtains, blinds, shutters and/or louvres are erected or attached in a state of good and serviceable repair; and

 

(b) properly maintain and keep the curtains, blinds, shutters and/or louvres in a state of good and serviceable repair and must replace the curtains, blinds, shutters and/or louvres (or any part of them) as required from time to time.

 

(c) If the Owner removes the curtains, blinds, shutters and/or louvres, the Owner must at the Owners own cost, restore and reinstate the common property to its original condition.

 

Liability and Indemnity

​

The Owner indemnifies the Owners Corporation against –

 

(a) any legal liability, loss, claim or proceedings in respect of any injury, loss or damage to the common property or to other property to the extent that such injury, loss or damage arises from or in relation to the curtains, blinds, shutters and/or louvres;

 

(b) any amount payable by way of increased insurance premiums by the Owners Corporation as a direct result of the curtains, blinds, shutters and/or louvres;

 

(c) any amount payable by way of increased fire safety compliance or local authority requirements as a direct result of the curtains, blinds, shutters and/or louvres; and

 

(d) liability under section 65(6) of the Strata Schemes Management Act 1996 in respect of repair of the common property attached to the curtains, blinds, shutters and/or louvres.

 

Breach of By-law

 

(a) The Owners Corporation reserves the right to take action against the Owner to
replace the curtains, blinds, shutters and/or louvres or reinstate the common property affected by the Improvements to its original condition if the Owner breaches the conditions in this by-law and that breach is not rectified within a reasonable time after a request is made by the Owners Corporation to rectify the breach.

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48. Building Works (By-Law 48) REPEALED 12/11/2018
 

​49. Change of Common Property  (By-Law 49)  Approved 11 / 11 / 2015
 

The owners corporation may by resolution of its executive committee and for the purpose of repair, management, use and/or enjoyment of the common property in the swimming pool enclosure:

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(a) replace existing grass with artificial grass;

(b) Remove, move, alter and replace garden plots;

(c) Alter shape and size of pergola

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​Special By-Law 1 – Service of Documents on Owner of a Lot by Owners Corporation  Approved 03/11/2010
 

A document may be served on the owner of a lot by electronic means if the person has given the Owners Corporation an e-mail address for the service of notices and the document is sent to that address.

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Special By-Law 2 – Special Privilege By-Law for Lot 245 (unit 286)  Approved 03 / 11 / 2010

 

PART 1 - DEFINITIONS & INTERPRETATION
 

1.1 In this by-law:

a) Authority means any government, semi government, statutory, public or other authority having any jurisdiction over the Lot.

 

b) Insurance means:

1. contractors all risk insurance in the sum of $5,000,000 and if permissible by the insurer noting the Owners Corporation as an interested party;

2. insurance required under the Home Building Act 1989 and if permissible by the insurer noting the Owners Corporation as an interested party; and

3. workers compensation insurance, if required

 

c) Lot means lot 245 in strata plan no. 79088.

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d) Occupier means the occupier of the Lot from time to time.

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e) Owner means the owner of the Lot from time to time.

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f) Owners Corporation means the owners corporation created by the registration of strata plan registration no. 79088.

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g) Special Privilege Area means the common property areas on the balcony of the Lot required to install and keep the Works as set-out in the hand-drawn diagram titled “Aerial View” and “X-Section View” attached to this by-law.

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h) Works means the works, included but not limited to the installation of a Luxaflex® Monaco or Aluxor Discus folding arm awning as set-out in:           

i.    the hand-drawn diagrams attached to this by-law titled “Aerial View” and “X-Section View” attached to this by-law;

ii.   an extract from a Luxaflex® Monaco brochure or Aluxor Discus brochure in relation to the colour of the awning attached to this by-law;

iii.   the installation of the Works being subject to the Owner complying with the requirements of paragraphs numbered “1” to “6” referred to in the letter from Robertson + Marks Architects Pty Ltd dated 15 June 2010 attached to this by-law, except that Item 3 is varied to read:-

 

“That the awning/s to be inspected by the Owners Corporation representative after a period of five (5) years and should such inspection reveal that the awning/s fabric has deteriorated to the extent that it’s appearance demands that it should be renewed, then the owner shall remove the awning/s and replace the fabric/s with fabric/s of similar colour.

Before refitting the awning/s to their original position the owner shall repaint the facade.

In the case where the replacement of the whole unit is required, the Owner may reapply for approval to the Owners Corporation to install a folding arm awning.”

 

1.2       In this by-law a word which denotes:
 

a)  the singular includes plural and vice versa;
 

b)  any gender includes the other genders;
 

      any terms in the by-law will have the same meaning as those defined in the Strata Schemes Management Act 1996; and
 

c)  references to legislation includes references to amending and replacing legislation.

 

PART 2 - GRANT OF RIGHT
 

2.1       The Owner has the special privilege to install and keep the Works in their Special Privilege Area.

 

PART 3 - CONDITIONS

 

PART 3.1 - Before Commencement
 

3.1  Before commencement of the Works the Owner must:

 

a) provide the Owners Corporation's nominated representative(s) access to inspect the Lot within 48 hours of any request from the Owners Corporation, except if the Owner is not the Occupier, in which case the Owner must make reasonable endeavours to procure the consent of the Occupier for such access;
 

b) effect and maintain Insurance and provide a copy to the Owners Corporation;
 

c) provide a report to the Owners Corporation from a suitably qualified structural engineer in regards to the effect of the Works on the structural  integrity of the building; and

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d) pay the Owners Corporation's reasonable costs in preparing, making and registering this by-law.

 

PART 3.2 - During Construction

 

3.2  Whilst the Works are in progress the Owner must:
 

a) use duly licensed employees, contractors or agents to conduct the Works.

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b) ensure the Works are conducted in a proper and workmanlike manner and comply with the current Building Code of Australia and the Australian Standards and the law;

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c) use reasonable endeavours to cause as little disruption as possible;

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d) perform the Works during times reasonably approved by the Owners Corporation;

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e) perform the Works within a period of 3 month from their commencement or such other period as reasonably approved by the Owners Corporation;

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f) transport all construction materials, equipment and debris in the manner reasonably directed by the Owners Corporation;

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g) protect all affected areas of the building outside the Lot from damage relating to the Works or the transportation of construction materials, equipment and debris;

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h) ensure that the Works do not interfere with or damage the common property or the property of any other lot owner other than as approved in this by-law and if this happens the Owner must rectify that interference or damage within a reasonable period of time;

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i) provide the Owners Corporation's nominated representative(s) access to inspect the Lot within 24 hours of any request from the Owners Corporation (for clarity more than one inspection may be required), except if the Owner is not the Occupier, in which case the Owner must make reasonable endeavours to procure the consent of the Occupier for such access; and

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j) not vary the Works without first obtaining the consent in writing from the Owners Corporation.

 

PART 3.3 - After Construction

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3.3  After the Works have been completed the Owner must without unreasonable delay:

 

a) notify the Owners Corporation that the Works have been completed;
 

b) notify the Owners Corporation that all damage, if any, to lot and common property caused by the Works and not permitted by this by-law have been rectified;
 

c) provide the Owners Corporation with certification from a suitably qualified engineer(s) approved by the Owners Corporation that the Works or works required to rectify any damage to lot or common property have been completed in accordance with the terms of this by-law;
 

d) provide the Owners Corporation's nominated representative(s) access to inspect the lot within 48 hours of any request from the Owners Corporation to check compliance with this by-law or any consents provided under this by-law, except if the Owner is not the Occupier, in which case the Owner must make reasonable endeavours to procure the consent of the Occupier for such access;
 

e) the Owners Corporation's right to access the lot arising under this by-law expires once it is reasonably satisfied that paragraphs (a) to (e) immediately above have been complied with; and

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f) pay the Owners Corporation’s reasonable costs of implementing this by-law.

 

PART 3.4 - Enduring Rights and Obligations
 

3.4       The Owner:

 

a) must maintain and upkeep the Special Privilege Area and the Works;
 

b) remains liable for any damage to lot or common property arising out of the Works;
 

c) must make good any damage to lot or common property arising out of the Works;
 

d) must indemnify the Owners Corporation against any costs or losses arising out of the Works to the extent permitted by law;
 

e) must arrange for the awning/s to be inspected by the Owners Corporation representative after a period of five (5) years and should such inspection reveal that the awning/s fabric has deteriorated to the extent that it’s appearance demands that it should be renewed, then the owner shall remove the awning/s and replace the fabric/s with fabric/s of similar colour. Before refitting the awning/s to their original position the owner shall repaint the facade.”
 

f) the Owner, in the case where the replacement of whole unit is required, may reapply for approval to the Owners Corporation to install a folding arm awning.

 

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Special By-Law 3 – Awnings  Approved 03 / 11 / 2010

 

PART 1 - DEFINITIONS & INTERPRETATION

 

1.1 In this by-law:

 

a) Authority means any government, semi government, statutory, public or other authority having any jurisdiction over the Lot.

 

b) Insurance means:

i) contractors all risk insurance in the sum of $5,000,000 and if permissible by the insurer noting the Owners Corporation as an interested party;

ii)    insurance required under the Home Building Act 1989 and if permissible by the insurer noting the Owners Corporation as an interested party; and

iii)   workers compensation insurance, if required.

 

c) Lot means a lot in strata scheme 79088.

 

d) Occupier means the occupier of the Lot from time to time.

 

e) Owner means the owner of a lot in strata scheme 79088.

 

f) Owners Corporation means the owners corporation created by the registration of strata plan registration no. 79088.

 

g) Required Documents means:
 

i)     existing plan and drawings;
 

ii)    proposed plans and drawings;
 

iii)   if the plans and drawing do not adequately describe the works a description of the works;
 

iv)   details and specifications of the proposed folding arm awning as manufactured by Luxaflex® being the Monaco Awning model or Aluxor being the Discus model; and any other document reasonably required by the Owners Corporation.

 

Works means the installation of a folding arm awning complying with the requirements of paragraphs numbered “1” to “6” referred to in the letter from Robertson + Marks Architects Pty Ltd dated 15 June 2010 attached to this by-law, except that Item 3 is varied to read:-

 

“That the awning/s to be inspected by the Owners Corporation representative after a period of five (5) years and should such inspection reveal that the awning/s fabric has deteriorated to the extent that it’s appearance demands that it should be renewed, then the owner shall remove the awning/s and replace the fabric/s with fabric/s of similar colour.

 

Before refitting the awning/s to their original position the owner shall repaint the facade.

 

In the case where the replacement of the whole unit is required, the Owner may reapply for approval to the Owners Corporation to install a folding arm awning.”

 

1.2       In this by-law a word which denotes:
 

a) the singular includes plural and vice versa;

 

b) any gender includes the other genders;

 

c) any terms in the by-law will have the same meaning as those defined in the Strata Schemes Management Act 1996; and

 

d) references to legislation includes references to amending and replacing legislation.

 

PART 2 GRANT OF RIGHT

 

2.1     The Owner must not install the Works except in accordance with Part 3 of this by-law.

 

PART 3 CONDITIONS

 

PART 3.1 - Before Commencement

 

3.1     Before commencement of their Works the Owner must:

a) in the event the Works affect common property, the owner of a Lot may be required to obtain the Owners Corporation consent by submitting to the Owners Corporation, a proposed motion including a section 52 by-law allowing for the ongoing maintenance by an Owner of any common property affected by their Works;

b) obtain all necessary approvals from any Authorities and provide a copy to the Owners Corporation;

c) provide a complete copy of the development application to the Owners Corporation to provide their written consent;

d) provide a complete copy of the construction certificate application to the Owners Corporation to provide their written consent;

e) provide a final copy of the construction certificate plans stamped by council or certifier to the Owners Corporation;

f) in any application for consent from Council or a private certifier must include a copy of the by-law and state in the application that it seeks a condition that the consent be subject to the conditions of this by-law;

g) provide the Owners Corporation's nominated representative(s) access to inspect their Lot within 48 hours of any request from the Owners Corporation, except if the Owner is not the Occupier, in which case the Owner must make reasonable endeavours to procure the consent of the Occupier for such access;

effect and maintain Insurance and provide a copy to the Owners Corporation;

h) provide a report to the Owners Corporation from a suitably qualified structural engineer in regards to the effect of their Works on the structural  integrity of the building; and

i) pay the Owners Corporation's reasonable costs in preparing, making and registering this by-law.

 

PART 3.2 - During Construction

3.2     Whilst their Works are in progress the Owner must:

a) use duly licensed employees, contractors or agents to conduct the Works and supply their contact details before each of them commences their work;

b) ensure their Works are conducted in a proper and workmanlike manner and comply with the current Building Code of Australia and the Australian Standards and the law;

c) use reasonable endeavours to cause as little disruption as possible;

d) perform the Works during times reasonably approved by the Owners Corporation;

e) perform the Works within a period of 3 month from their commencement or such other period as reasonably approved by the Owners Corporation;

f) transport all construction materials, equipment and debris in the manner reasonably directed by the Owners Corporation;

g) protect all affected areas of the building outside the Lot from damage relating to the Works or the transportation of construction materials, equipment and debris;

h) ensure that the Works do not interfere with or damage the common property or the property of any other lot owner other than as approved in this by-law and if this happens the Owner must rectify that interference or damage within a reasonable period of time;

i) provide the Owners Corporation's nominated representative(s) access to inspect the Lot within 48 hours of any request from the Owners Corporation (for clarity more than one inspection may be required), except if the Owner is not the Occupier, in which case the Owner must make reasonable endeavours to procure the consent of the Occupier for such access; and

j) not vary the Works without first obtaining the consent in writing from the Owners Corporation.

 

PART 3.3 - After Construction

3.3     After the Works have been completed the Owner must without unreasonable delay:

 

a) notify the Owners Corporation that the Works have been completed;

b) notify the Owners Corporation that all damage, if any, to lot and common property caused by the Works and not permitted by this by-law have been rectified;

c) provide the Owners Corporation with a copy of any certificate or certification required by an Authority to certify the Works;

d) provide the Owners Corporation with certification from a suitably qualified engineer(s) approved by the Owners Corporation that the Works or works required to rectify any damage to lot or common property have been completed in accordance with the terms of this by-law;

e) provide the Owners Corporation's nominated representative(s) access to inspect the lot within 48 hours of any request from the Owners Corporation to check compliance with this by-law or any consents provided under this by-law, except if the Owner is not the Occupier, in which case the Owner must make reasonable endeavours to procure the consent of the Occupier for such access;

f) the Owners Corporation's right to access the lot arising under this by-law expires once it is reasonably satisfied that paragraphs (a) to (e) immediately above have been complied with; and

g) pay the Owners Corporation’s reasonable costs of implementing this by-law.

 

PART 3.4 - Enduring Rights and Obligations

3.4       The Owner:

 

a) must maintain and upkeep the Works;

b) remains liable for any damage to lot or common property arising out of the Works;

c) must make good any damage to lot or common property arising out of the Works;

d) must indemnify the Owners Corporation against any costs or losses arising out of the Works to the extent permitted by law;

e) must arrange for the awning/s to be inspected by the Owners Corporation representative after a period of five (5) years and should such inspection reveal that the awning/s fabric has deteriorated to the extent that it’s appearance demands that it should be renewed, then the owner shall remove the awning/s and replace the fabric/s with fabric/s of similar colour. Before refitting the awning/s to their original position the owner shall repaint the facade.”

 

the Owner, in the case where the replacement of whole unit is required, may reapply for approval to the Owners Corporation to install a folding arm awning.

 

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Special By-Law 4 – Swimming Pool and Recreation Facilities (Amended 03 / 11 / 2010)

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An owner or occupier must:

 

(a)   not use the swimming pool and its surrounds between the hours of 9.00pm and 6.00am;

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(b)   ensure that any persons authorised by an owner or occupier do not use the swimming pool or its surrounds unless that owner or occupier or another owner or occupier accompanies them;

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(c)   ensure that children are not in or around the swimming pool unless accompanied by an adult owner or occupier exercising effective control over them;

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(d)   ensure that glass containers or receptacles of any type are not taken to or allowed to remain in the swimming pool or its surrounds;

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(f)    exercise caution at all times and not run or splash or behave in any manner that is likely to interfere with the use of the pool by other persons;

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(g)   not, without proper authority, operate, adjust or interfere with the operation of any equipment associated with the swimming pool or add any chemical or other substance to any water in the pool;

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(h)   at all times be adequately clothed so as not to be likely to offend other persons using the swimming pool or its surrounds;

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(i)    be adequately clothed and dry when leaving or entering the swimming pool area of the building;

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(j)    not smoke, eat, drink or consume alcohol in the pool or its surrounds;

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(k)   not use balls, boogie boards or large inflated objects in the pool; and

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(l)    comply with any rules that the executive committee may add or vary with respect to the use of the recreational facilities from time to time.

 

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Special By-Law 5 – Lot 108 (unit 442) – Renovations Approved 02 / 10 / 2012

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​A. DEFINITIONS

i) In this by-law, the following terms are defined to mean:

 

“Building Works” means the scope of works stated in the letter from Buildworx DPS Pty Limited dated 4 August 2012 attached to this By-Law.

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“Owners” means each of the owners of Lot 108.

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“Owners Corporation” means The owners – Strata Plan No. 79088.

 

ii) Where any terms used in this by-law are defined in the Strata Schemes Management Act 1996, they will have the same meaning as those words are attributed under that Act.

 

B. RIGHTS

 

Subject to the conditions in paragraph C of this by-law, the Owners will have:

 

a) a special privilege in respect to the common property to undertake, erect and keep the Building Works to and on the common property; and

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b) the exclusive use of those parts of the common property occupied by the Building Works.

 

C. CONDITIONS

 

Maintenance

 

i)     The Owners must properly maintain and keep the common property to which the Building Works are erected or attached in a state of good and serviceable repair.

 

ii)    The Owners must properly maintain and keep the Building Works in a state of good and serviceable repair.

 

Documentation

 

iii)   Before commencing the Building Works the Owners must submit to the owners corporation the following documents relating to the Building Works:

 

a) plans and drawings;

b) specifications

c) structural diagrams; and

d) any other document reasonable required by the owners corporation.

 

iv)   After Completing the Building Works the Owners must deliver to the owners corporation the following documents relating to the Building Works:

 

a) certification by an engineer nominated by the owners corporation as to the structural integrity of the Building Works and to the building; and

b) any other document reasonably required by the owners corporation.

 

Insurance

 

v)    Before commencing the Building Works the owners must effect the following insurances in the joint names of the Owners and the owners corporation:

 

a) contractor’s all works insurance;

b) insurance required under the Home Building Act 1989;

c) workers compensation insurance; and

d) public liability insurance in the amount of $10,000,000.

 

Performance of works

 

vi) In performing the Building Works, the Owners must:

 

a) transport all construction materials, equipment, debris and other material in the manner reasonably directed by the owners corporation;

b) protect all areas of the building from damage by the Building Works or in the transportation of the construction materials, equipment and debris in the manner reasonably acceptable to the owners corporation;

 

Owner Fixtures

 

vii)  The Building Works shall remain the Owners fixtures.

viii) The Owners shall maintain them in a state of good and serviceable repair and for this purpose shall renew and replace whenever necessary.

 

Rights to Remedy Default

 

ix)   If the Owners fail to comply with any obligation under this by-law, THEN the owner corporation may:

a) carry out all work necessary to perform that obligation;

b) enter upon any part of the parcel to carry out that work; and

c)    recover the costs of carrying out that work from the defaulting Owner.

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Special By-Law 6 – Lot 173 (unit 862)  Permission to keep a Greyhound

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PART 1 - DEFINITIONS & INTERPRETATION

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1. In this by-law:

• Greyhound means retired greyhound (mature dog, not actively involved in racing).

• Lot means lot 173 in strata plan no. 79088.

 

PART 2 - GRANT OF RIGHT

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2.1       The Owner has the special privilege to house a greyhound.

 

PART 3 - CONDITIONS

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The Owner accepts the following obligations:

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• clean up all excrement or refuse left on Common Property by the animal;

• monitor the noise from the pet, ensuring they do not unreasonably cause annoyance or disturbance to neighbours

• Acknowledge that they shall be liable for any damage to common property caused by the pet and shall pay the Owners Corporation immediately for any costs incurred in rectifying this damage

• ensure animal is on a leash, caged or otherwise contained and under control when on Common Property and must be accompanied by the owner

• maintain a high standard of cleanliness and sanitation at all times, cleaning and disposing of any animal waste within the lot or common property

• Accept responsibility for costs for a common property pest spray if the pet has attracted fleas

• maintain a high standard of preventative health care e.g. flea and worm treatment

• keep the pet under control at all times within the lot or common property

• register the pet with building management

• Acknowledge that the consent of the Owners Corporation operates in respect of the nominated pet only and that any change of pet must be the subject of a separate application

• must provide a picture of the pet to the building manager

• must provide to the building manager the name of the pet

• must provide to the building manager registration number with Council

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Special By-Law 7 – Common Property Memorandum By-Law

Owners Corporation responsibilities for maintenance, repair or replacement.

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1. Balcony and Courtyards:

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(a) columns and railings

(b) doors, windows and walls (unless plan was registered before 1 July 2974 - refer to the registered plan)

(c) balcony ceilings (including painting)

(d) security doors, other than those installed by an owner after registration of the plan

(e) original tiles and associated waterproofing, affixed at the time of registration of the strata plan

(f) common wall fencing, shown as a thick line on the strata plan

(g) dividing fences on a boundary of the strata parcel that adjoin neighbouring land

(h) awnings within common property outside the cubic space of a balcony or courtyard

(i) walls of planter boxes shown by a thick line on the strata plan

(j) the part of a tree which exists within common property 

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2. Ceiling / Roof:

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(a) false ceilings installed at the time of registration of the strata plan (other than painting which shall be the lot owners responsibility)

(b) plastered ceiling and vermiculite ceilings (other than painting which shall be the lot owners responsibility)

(c) guttering

(d) membranes

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3. Electrical:

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(a) air conditioning systems serving more than one lot

(b) automatic garage door opening, other than those installed by an owner after the registration of the strata plan and not including any related remote controller

(c) fuses and fuse board in meter room

(d) intercom handset and wiring serving more than one lot

(e) electrical wiring serving more than one lot

(f) light fittings serving more than one lot

(g) power point sockets serving more than one lot

(h) smoke detectors whether connected to the fire board in the building or not (and other fire safety equipment subject to the regulations made under Environment Planning and Assessment Act 1979)

(i) telephone, television, internet and cable wiring within common property walls

(j) television aerial, satellite dish, or cable or internet wiring serving more than one lot, regardless of whether it is contained within any lot or on common property

(k) lifts and lift operating systems

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4. Entrance door:

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(a) original door lock or its subsequent replacement

(b) entrance door to a lot including all door furniture and automatic closer

(c) security doors, other than those installed by an owner after registration of the strata plan

 

5. Floor:

 

(a) original floorboards or parquetry flooring affixed to common property floors

(b) mezzanines and stairs within lots, if shown as a separate level in the strata plan 

(c) original floor tiles and associated waterproofing affixed to common property floors at the time of registration of the strata plan

(d) sound proofing floor base (e.g. magnesite), but not including any sound proofing installed by an owner after the registration of the strata plan

 

 6. General:

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(a) Common property walls

(b) the slab dividing two storeys of the same lot, or one store from an open space roof area eg. a townhouse or villa (unless the plan was registered before 1 July 1974 - refer to the registered strata plan)

(c) any door in a common property wall (including all original door furniture) 

(d) skirting boards, architraves and cornices on common property walls (other than painting which shall be the lot owners responsibility)

(e) original tiles and associated waterproofing affixed to the common property walls at the time of registration of the strata plan

(f) ducting over or structure covering a service that serves more than one lot

(g) ducting for the purposes of carrying pipes servicing more than one lot

(h) exhaust fans outside the lot

(i) hot water service located outside of the boundary of any lot or where the service serves more than one lot

(j) letter boxes within common property

(k) swimming pool and associated equipment

(l) gym equipment

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