Palermo, Wentworth Point - Residential By-Laws

SP79088 - 33 Hill Rd, Wentworth Point NSW 2127

 

To download a copy of the full By-Laws, click here.

As with all strata schemes, Palermo has a set of by-laws that set out the expectations of the Owners Corporation to keep the complex an enjoyable place for everyone. As a resident and a part of the Palermo community, it is important to be aware of your responsibilities and obligations under these by-laws.

By-Law 1 - Noise

By-Law 2 - Vehicles 

By-Law 3 - Obstruction of Common Property

By-Law 4 - Damage to Lawns and Plants on Common Property

By-Law 5 - Damage to common property

By-Law 6 - Behaviour of owners and occupiers

By-Law 7 - Children Playing on Common Property in Building

By-Law 8 - Behaviour of Invitees

By-Law 9 - Depositing Rubbish and Other Material on Common Property

By-Law 10 - Washing Curtains, Vehicles

By-Law 11 - Cleaning Windows and Doors

By-Law 12 - Storage of inflammable liquids and Other Substances and Materials

By-Law 13 - Moving Furniture and Other Objects on or through Common Property

By-Law 14 - Floor coverings

By-Law 15 - Garbage disposal

By-Law 16 - Keeping of animals (amended 13/11/2014)

By-Law 17 - Appearance of lot

By-Law 18 - Change in Use of Lot to be Notified

By-Law 19 - Fire Safety

By-Law 20 - Prevention of Hazards

By-Law 21 - Provision of Amenities or Services

By-Law 22 - Selling and Leading Activities

By-Law 23 - Security Keys

By-Law 24 - Community Management Statement

By-Law 25 -  Air conditioning (Amended 20 / 05 / 2009)

By-Law 26 - Hot Water Systems

By-Law 27 - Structural Support in the Building

By-Law 28 - Access to Inspect or Read Meters

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

By-Law 30 - Control on Hours of Operation and Use of Facilities

By-Law 31 - Annual Fire Safety Certification

By-Law 32 - Loading and unloading

By-Law 33 - Unobstructed Driveways and Parking Areas

By-Law 34 - Vehicular Access

By-Law 35 - Noise Control - Plant and Machinery

By-Law 36 - Public Access

By-Law 37 - Energy and Water rated Appliances

By-Law 38 - Failure to comply with By-Laws

By-Law 39 - Cleaning of lot and Range-hoods

By-Law 40 - Products used in Scheme

By-Law 41 - Use of Balconies

By-Law 42 - Carwash Bays

By-Law 43 - Storage Areas

By-Law 44 - Smoking (amended 11 / 11 / 2015 )

By-Law 45 - Bicycle Storage

By-Law 46 - Definitions and interpretations

By-Law 47 - Window coverings (approved 13/11.2014)

By-Law 48 - Building works (repealed 12/11/2018)

By-Law 49 - Change of Common Property (approved 11/11/2015)

Special By-Law 1 - Service of documents on Owner of a Lot by Owners Corporation (Approved 03/11/2010)

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

Special By-Law 3 - Awnings (Approved 03/11/2010)

Special By-Law 4 - Swimming pool and recreation facilities (Amended 03/11/2010)

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

Special By-Law 6 - Lot 173 (Unit 862) - Permission to keep a Greyhound (Approved 31/10/2016)

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

Special By-Law 8 - Intercom By-Law

Special By-Law 9 - Owners For Agents By-Law

Special By-Law 10 - Cosmetic Work

Special By-Law 11 - Minor Renovations

Special By-Law 12 - Major Renovations

Special By-Law 13 - Common Property - Lobbies

Special By-Law 14 - Standing orders for Strata Committee Meetings

Special By-Law 15 - Major Renovation - Lot 148 for installation of shade blind

Special By-Law 16 - Major Renovation - Lot 131 for installation of ceiling fan and light

1.    Noise   (By-Law 1)
 

An owner or occupier of a lot must not create any noise on a lot or common property likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.

 

2.    Vehicles  (By-Law 2)   
 

Parking On and Access over Common Property

(1) An owner or occupier of a lot must not park or stand any vehicle on common property including, without limitation, any car spaces set aside as visitor parking.

(2) An owner or occupier of a lot must not permit any visitor to their lot to park or stand any vehicle on common property other than in an area marked as visitor parking and then for a maximum period of one day in each calendar month unless the executive committee of the owners corporation has, on the application of an owner or occupier, approved in writing the parking by the visitor in visitor parking for a longer period.

(3)   An owner or occupier of a lot must not park or stand any vehicle in the car space of another lot, or permit any visitor to their lot to do so, without the prior permission of the owner or occupier of that other lot.

(4)   An owner or occupier of a lot must not bring or keep any vehicle in their lot or on common property if that vehicle is leaking oil, petrol, diesel, brake, clutch or other hydraulic fluid or any other fluid and must not permit any visitor to their lot or the common property to do so.

(5)   An owner or occupier of a lot who breaches clause (4) of this by-law, or permits a visitor to their lot or the common property to breach clause (4), is liable for the costs of removing any oil, petrol, diesel, brake, clutch or other hydraulic fluid or any other fluid from the common property and cleaning up any residue or staining caused by that leaking and that owner or occupier must reimburse the owners corporation for all of those costs.

 

(6)   Every owner and occupier of a lot must comply, and ensure that visitors to their lots comply, in all respects with this by-law.

 

(7)   The owners corporation may by resolution of its executive committee and for the purpose of the control, management, administration, use and/or enjoyment of the common property including, without limitation, any areas set aside as visitor parking and to preserve the security of the building:
 

(a)   install barriers consisting of chains or bollards in such places as are reasonably necessary to regulate the standing of vehicles on common property;
 

(b)   install signage on the common property in or about the car parking areas of the strata scheme advising of the effect of this by-law including, without limitation, that vehicles parked on common property in breach of this by-law may be wheel-clamped;
 

(c)   install signage on the common property regulating the ingress and egress of vehicles to and from the building and grounds of the strata scheme;
 

(d)   establish and maintain a register of all vehicles owned or used by owners and occupiers of lots in the strata scheme including:
 

- the make and registration number of the vehicle;

- the name of the owner or occupier who owns or uses the motor vehicle;

- the lot number and contact details of the owners or occupier;

- if the owner or occupier does not own the vehicle, the name and contact details of the owner of the vehicle;
 

(e)   take such further action consistent with this by-law as is reasonable and necessary in order to regulate or restrict the parking or standing of vehicles on common property and/or preserve the security of the building.

 

(8) If an owner or occupier of a lot in the strata scheme parks or stands any vehicle owned by that person on common property in breach of this by-law:
 

(a) if the owners corporation has appointed a building manager, caretaker or security personnel or the owners corporation uses the services of such persons by arrangement with the Community Association, including any estate manager appointed by the Community Association (each of whom are included in the term “Building Manager”), the Building Manager may, without reference to the executive committee, give a notice; or
 

(b) if there is no Building Manager,  the executive committee (acting reasonably) may by resolution determine that a notice be given, to that owner or occupier requiring that the owner or occupier comply with this by-law, in default of which the owners corporation may take action in respect of the vehicle as provided in this by-law (Notice of Breach).

 

(9)   The Notice of Breach given under clause (8) must:

(a)   be in writing;

(b)   be displayed prominently on the vehicle in such a way as to come to the attention of the owner of the vehicle              but so as to ensure no damage is done to the vehicle;

(c)   if the vehicle is registered, specify the registration number of the vehicle that has been or is parked or standing            on common property in breach of this by-law;

(d)   advise that if the owner or occupier fails to remove the said vehicle parked or standing on common property in            breach of this by-law or parks or stands the said vehicle on common property repeatedly or persistently in                    breach of this by-law, the owners corporation may affix a wheel clamping device to that vehicle; and

(e)   advise that a fee not exceeding $200 may be charged by the owners corporation for removal of the wheel                     clamping device.

 

(10) If an owner or occupier of a lot in the strata scheme is given a Notice of Breach under this by-law, that owner or occupier must forthwith comply with that Notice of Breach and remove the vehicle the subject of the Notice of Breach parked on common property in breach of this by-law.

 

(11) If a Notice of Breach is given under this by-law to an owner or occupier of a lot and the owner or occupier does not comply with the Notice of Breach, the executive committee may resolve at a duly constituted executive committee meeting to affix a wheel clamping device to the vehicle the subject of the Notice of Breach and subsequently affix, or cause to be affixed, that wheel clamping device so long as that vehicle is, at the time at which the wheel clamping device is affixed, then parked or standing on common property in breach of this by-law.

 

(12) The signage installed by the owners corporation under clause (7) warning that vehicles parked in breach of this by-law may be wheel-clamped must set out a telephone number or other contact details of a person authorised to release the wheel-clamp.

 

(13) Every owner and occupier of a lot in the strata scheme consents to the immobilisation by means of wheel clamping of a vehicle owned or controlled by them and parked or left on common property in breach of this by-law.

 

(14) None of the executive committee of the owners corporation, any member thereof, the strata managing agent, any Building Manager and any person acting under the instructions of the executive committee of the owners corporation in accordance with this by-law shall be liable for any loss or damage sustained by an owner or occupier of a lot to whom a Notice of Breach is given and who fails to remove a vehicle parked or standing on common property in the strata scheme or repeatedly or persistently parks or stands a vehicle on common property in the strata scheme in breach of this by-law after a Notice of Breach is given.

 

(15) Each member of the executive committee, the strata managing agent, any Building Manager and every person acting under the instruction of the executive committee of the owners corporation in accordance with this by-law are hereby indemnified by the owners corporation against any loss or damage suffered by any of them arising out of any action taken by any of them in accordance with this by-law.

 

(16) For the avoidance of doubt, the Building Manager and/or the executive committee must not give a Notice of Breach or affix a wheel clamping device to any vehicle on grounds which are, in the circumstances, frivolous or vexatious.

 

(17) Nothing in this by-law operates to restrict or prevent the owners corporation from making application to the Local Court for an order authorising the owners corporation to dispose of any vehicle left on common property and subsequently disposing of that vehicle in accordance with the Uncollected Goods Act 1995 (NSW) or any Act amending or replacing that Act.

 

(18) This by-law must be read in conjunction with and not in derogation of by-law 24 in the Community Management Statement and if and to the extent that there is any conflict or inconsistency between this by-law and by-law 24 in the Community Management Statement, by-law 24 in the Community Management Statement shall prevail.

 

(19) The obligations of an owner under clause (5) to reimburse the owners corporation are in addition to and not in substitution for their obligations as the owner of a lot in the strata scheme, in particular, the obligations of owners under Part 3 of the Act to make contributions to the administrative and sinking funds.

(20) If an owner or occupier of a lot does not reimburse the owners corporation for the costs incurred in rectifying damage to the common property as provided in clause (5) within one month after the date on which that reimbursement payment is due:

(a)   the amount claimed by the owners corporation will bear simple interest at the same rate as is applicable to contributions unpaid under section 79(2) of the Strata Schemes Management Act 1996 (the “Act”, which reference includes any Act, regulation or provision thereof amending or replacing the same), or if the regulations under the Act prescribe some other rate, then at that other rate; and
 

(b)   the owners corporation may recover the principal sum, any and all interest thereon and all of the costs of recovery from the defaulting owner or occupier as a debt due; and
 

(c)   the owners corporation may include reference to any such debt on notices under section 109 of the Act.

 

(21) Swipe card access to the car park will be withdrawn from any owner or occupier who continues to park and contravene this by-law after three warnings. 

       

3.    Obstruction of Common Property (By-Law 3)
 

An owner or occupier of a lot must not obstruct lawful use of common property by any person except on a temporary and non-recurring basis

 

4.    Damage to Lawns and Plants on Common Property (By-Law 4)
 

An owner or occupier of a lot must not:
 

(a)   damage any lawn, garden, tree, shrub, plant or flower being part of or situated on common property, or

(b)   use for his or her own purposes as a garden any portion of common property.

 

5.    Damage to Common Property (By-Law 5)
 

(a)   An owner or occupier of a lot must not mark, paint, drive nails or screws or the like into, or otherwise damage or                   deface, any structure that forms part of common property except with the written approval of the owner's corporation.
 

(b)  An approval given by the owner's corporation under by-law 5 cannot authorise any additions to common property.
 

(c)   This by-law does not prevent an owner or person authorised by an owner from installing:

(1)   any locking or other safety device for protection of the owner's lot against intruders or to improve safety within            the owner's lot;

(2)   any screen or other device to prevent entry of animals or insects on the owner's lot;

(3)   any structure or device to prevent harm to children; and

(4)   any device used to affix decorative items to the internal surfaces of walls in the owner's lot.
 

(d)   Any such locking or safety device, screen, other device or structure must be installed in a competent and proper                    manner and must have an appearance, after it has been installed, in keeping with the appearance of the rest of the              building.
 

(e)   Despite section 62 of the act, the owner or occupier of a lot must:
 

(1)   maintain and keep in a state of good and serviceable repair any installation or structure referred to in by-law
        5(c) that forms part of common property and that services the lot, and
 

(2)   repair any damage caused to any part of common property by the installation or removal of any locking or
        safety device, screen, other device or structure referred to in by-law 5(c) that forms part of common property
        and that services the lot.
 

(f)    If an owner or person authorised by an owner installs a device, screen or structure pursuant to by-law 5(c), which does          not comply with fire safety standards of Australia or is not in keeping with the appearance of the building in                            accordance with by-law 5(d), the owners corporation or any person authorised by it, may remove such screen,
        structure or device and replace it with a screen, structure or device which complies with fire safety standards of
        Australia or is in keeping with the appearance of the building in accordance with by-law 5(d). The costs of the owners
        corporation in removing and replacing that screen, structure or device shall be a debt payable by the owner to the
        owners corporation on demand.

 

6.    Behaviour of Owners and Occupiers (By-Law 6)
 

(a)   An owner or occupier of a lot when on common property must be adequately clothed and must not use language or
        behave in a manner likely to cause offence or embarrassment to the owner or occupier of another lot or to any 

        person lawfully using common property.
 

(b)   An owner or occupier must take all reasonable steps to ensure that any persons authorised by an owner or occupier
        do not behave in a manner likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or
        any person lawfully using the common property.
 

(c)   Where these by-laws require a person authorised by an owner or occupier to do anything or to refrain from doing
        anything, the owner or occupier inviting or permitting that authorised person to enter the building must ensure that
        the relevant authorised person complies with such requirement.

 

7.    Children Playing on Common Property in Building (By-Law 7)
 

(a)  An owner or occupier of a lot must not permit any child of whom the owner or occupier has control to play on common
      property within the building or, unless accompanied by an adult exercising effective control, to be or to remain on   
      common property comprising a laundry, car parking area or other area of possible danger or hazard to children.
 

(b) An owner or occupier must not permit any child of whom the owner or occupier has control to play or otherwise
      obstruct the lifts, stairs or access ways on common property or, unless accompanied by an adult exercising effective 

      control, to enter or to remain on common property comprising a laundry, car parking, pool or recreational area or 

      other area of possible danger or hazard to children.

 

8.    Behaviour of Invitees (By-Law 8) 
 

An owner or occupier of a lot must take all reasonable steps to ensure that invitees of the owner or occupier do not behave in a manner likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or any person lawfully using common property.

 

9.    Depositing Rubbish and Other Material on Common Property (By-Law 9)
 

An owner or occupier of a lot must not deposit or throw on common property any rubbish, dirt, dust or other material or discarded item other than in receptacles placed on common property for this purpose.

 

10.  Washing, Curtains, Vehicles (By-Law 10)
 

An owner or occupier may not:
 

(a)    dry, air or display clothing other than in areas designated for that purpose by the estate manager;

(b)   without the consent of the executive committee permit rubbish, materials, vehicles, plant or equipment to remain in
        locations visible outside its lot;

(c)    park vehicles on association property in breach of community management statement by-law 21;

(d)   treat windows and glass doors with any treatment (including, without limit, curtains or blinds) other than those of a 

        style and colour approved by the owner's corporation.

 

11.  Cleaning Windows and Doors (By-Law 11)
 

An owner or occupier of a lot must keep clean all exterior surfaces of glass in windows and doors on the boundary of a lot, including so much as is common property, unless:
 

(a)   the owner's corporation resolves that it will keep the glass or specified part of the glass clean, or

(b)   that glass or part of the glass cannot be accessed by the owner or occupier of the lot safely or at all.

 

12.  Storage of Inflammable Liquids and Other Substances and Materials (By Law 12)
 

(a)   An owner or occupier of a lot must not, except with the prior written approval of the owners corporation, use or store
        on the lot or on common property any inflammable chemical, liquid or gas or other inflammable material in quantity
        exceeding one litre.

(b)   This by-law does not apply to chemicals, liquids, gases or other material used or intended to be used for domestic
        purposes, or any chemical, liquid, gas or other material in a fuel tank of a motor vehicle or internal combustion engine.

 

13.  Moving Furniture and Other Objects on or through Common Property (By-Law 13)
 

(a)   An owner or occupier must not transport any furniture, large objects or deliveries to or from the lot through or over
common property within the building unless sufficient notice has first been given to the estate manager so as to enable the
estate manager to arrange for its nominee to be present at the time when the owner or occupier undertakes the activity
referred to in this by-law
 

(b)   The owners corporation may, by resolution, determine the manner in which furniture, large objects or deliveries to and from the lot are to be transported through or over the common property (whether in the building or not) and may impose appropriate conditions on such activities, including but not limited to the use of protective covers for surfaces forming part of the common properly, prohibitions on the use of trolleys or other moving devices having metal wheels and insurance requirements.

(c)   If the owners corporation has determined, by resolution in accordance with by-law 13(b), the manner in which
furniture, large objects or deliveries to and from the lot are to be transported, then an owner or occupier must not
transport any furniture, large object or deliveries to and from the lot through or over common property except in
accordance with that resolution. The estate manager may inspect any parts of the common property and may direct any
owner or occupier in writing to rectify any damage caused by the transportation of furniture, large objects or deliveries by
that owner or occupier.

(d)   An owner or occupier must not make any deliveries on the common property unless a prior appointment has been
made with the estate manager. The owners corporation may, from time to time, make rules and impose conditions in
relation to the use of the common property, including in relation to the maximum height and weight of vehicles and the
hours in which access is permitted.

 

14.  Floor Coverings (By-Law 14)
 

(a)   An owner of a lot must ensure that all floor space within the lot is covered or otherwise treated to an extent sufficient to prevent the transmission from the floor space of noise likely to disturb the peaceful enjoyment of the owner or occupier of another lot.
 

(b)   An owner must not cover the floor space of a lot with tiles, timber flooring, or any other substance which may cause a nuisance or disturb the peaceful enjoyment of the owner or occupiers of another lot, without the consent in writing of the owners corporation, which consent may be withheld in its absolute discretion.
 

(c)   By-law 14(b) does not apply to Floor space of a lot comprising a kitchen, laundry, lavatory or bathroom.

 

15.  Garbage Disposal (By-Law 15)
 

(a)   An owner or occupier of a lot that does not have shared receptacles for garbage, recyclable material or waste:
 

(1)   must maintain such receptacles within the lot or on such part of common property as may be authorised by the owner's corporation, in clean and dry condition and (except in the case of receptacles for recyclable material) adequately covered;
 

(2)   must ensure that before refuse, recyclable material or waste is placed in the receptacles it is, in the case of refuse, securely wrapped or, in the case of tins or other containers, completely drained, or, in the case of recyclable material or waste, separated and prepared in accordance with the applicable recycling guidelines;
 

(3)   for the purpose of having the garbage, recyclable material or waste collected, must place the receptacles within an area designated for that purpose by the owner's corporation and at a time not more than 12 hours before the time at which garbage, recyclable material or waste is normally collected;
 

(4)   when the garbage, recyclable material or waste has been collected, must promptly return the receptacles to the lot or other area referred to in paragraph(1);
 

(5)   must not place any thing in the receptacles of the owner or occupier of any other lot except with the permission of that owner or occupier; and
 

(6)   must promptly remove any thing which the owner, occupier or garbage or recycling collector may have spilled from the receptacles and must take such action as may be necessary to clean the area within which that thing was spilled.
 

(b)   An owner or occupier of a lot that has shared receptacles for garbage, recyclable material or waste:
 

(1)   must ensure that before refuse, recyclable material or waste is placed in the receptacles it is, in the case of refuse, securely wrapped or, in the case of tins or other containers, completely drained, or, in the case of recyclable material or waste, separated and prepared in accordance with the applicable recycling guidelines, and
 

(2)   must promptly remove any thing which the owner, occupier or garbage or recycling collector may have spilled in the area of the receptacles and must take such action as may be necessary to clean the area within which that thing was spilled.
 

(c)   In no circumstances may garbage, recyclable material or waste (or receptacles for the same) be visible from outside the building other than on days specified by the council for collection.
 

(d)   if there is any inconsistency between the terms of this by-law and any consent authority requirements, the consent authority requirements will prevail.

 
 
 
 
 
 
 
 
 
 
 

 

16.  Keeping of Animals (By-Law 16) - Amended 13.11.2014

 

(a) A Proprietor of the Community Parcel may bring onto the Community Parcel:

 

(1) one small cat or one small dog (other than an excluded dog); and/or

(2) one small caged bird; and/or

(3) one small tank of fish.

 

An excluded dog means;

 

(1) a pit bull terrier;

(2) an American pit bull terrier;

(3) a dogo argentino;

(4) a Japanese tosa;

(5) any other outcross;

(6) any dog prohibited from importation into Australia by the Commonwealth Government;

(7) an unregistered or dangerous dog under legislation; and

(8) any dog weighing in excess of 12 kilograms.

 

(b) Where a Proprietor brings an animal onto the Community Parcel, the Proprietor is liable to all proprietors and other persons lawfully on the Community Parcel for any noise which is disturbing to an extent which is unreasonable and any damage to or loss of property or injury to any person caused by the animal

 

(c) A proprietor that brings an animal onto the Community Parcel accepts the following obligations:

(1) clean up all excrement or refuse left on Common Property by the animal;
 

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

(3) Acknowledge that I/we 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
 

(4) ensure all animals are on a leash, caged or otherwise contained and under control when on Common Property and must be accompanied by the proprietor.
 

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

(6) Accept responsibility for costs for a common property pest spray if the pet has attracted fleas
 

(7) maintain a high standard of preventative health care e.g. flea and worm treatment
 

(8) keep the pet under control at all times within the lot or common property
 

(9) register the pet with building management and provide to building management
 

(10) 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
 

(11) Understand that dogs of a prohibited breed or declared dangerous must not be kept or brought onto the lot or common property.
 

(12) must provide a picture of the pet to the managing agent and building manager
 

(13) must provide to the managing agent and building manager the name of the pet
 

(14) must provide to the managing agent and building manager registration number with council
 

(d). A visitor or invitee of an Owner or Occupier is not permitted to bring an animal into the complex without first obtaining written permission from the Executive Committee.

 

(e). Acknowledge that in the event of a breach of this agreement the Owners  Corporation may withdraw any consent it has given me for the keeping of a pet

17. Appearance of Lot (By-Law 17) 

 

(a) The owner or occupier of a lot must not, except with the prior written approval of the owner's corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building.

(b) If a lot contains a private courtyard, the owner or occupier of that lot must maintain the landscaping and the general appearance of the courtyard in accordance with the landscaping standards and the general standard of the building.

(c) The owner or occupier must not, without the written consent of the owners corporation, affix anything to the exterior of the building or a lot within the building or the common property or maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building. This prohibition includes (without limitation)

 

(1)  the display of "for sale" or "for lease" signs, or any other form of notice or advertising; and
 

(2)  satellite dishes or antennas.

18. Change in Use of Lot to be Notified  (By-Law 18) 

 

(a)  An occupier of a lot must notify the owner's corporation if the occupier uses a lot in a way that may affect the insurance premiums for the strata scheme (for example, if the use results in a hazardous activity being carried out on the lot, or results in the lot being used for non-residential purposes).

 

(b)  Notwithstanding by-law 18(a), the owner or occupier is only permitted to use the lot for residential purposes.

19. Fire Safety (By-Law 19) 
 

The owner or occupier of a lot must not do anything or permit any Invitees of the owner or occupier to do any thing on the lot or common property that is likely to affect the operation of fire safety devices in the parcel or to reduce the level of fire safety in the lots or common property.

 

20. Prevention of Hazards (By-Law 20)
 

The owner or occupier of a lot must not do anything or permit any invitees of the owner or occupier to do anything on the lot or common property that is likely to create a hazard or danger to the owner or occupier of another lot or any person lawfully using common property.

 

21. Provision of Amenities or Services (By-Law 21) 

(a) The owner's corporation acknowledges and agrees with the provisions of by-law 23 of the community management statement and without limiting the generality of the foregoing, the owner's corporation hereby irrevocably appoints:

(1) the community association to act on its behalf in contracting out services, pursuant to by-law 23 of the community management statement; and
 

(2) the executive committee as its attorney to sign on its behalf any contract referred to in by-law 23 of the community management statement.

 

(b) Without limiting by-law 21(a) an owner of a lot used for non residential purposes must pay for the costs of any services and/or amenities in relation to garbage, waste and recycling services or any other services provided to any such part of the common property which may be designated by the owner's corporation for garbage, recyclable material or waste collection. Such costs must be apportioned equally between the owners of lots used for non residential purposes.

22. Selling and Leasing Activities (By-Law 22) 
 

(a) The original proprietor may on common property and any lot owned by the original proprietor:

 

(1) maintain selling and leasing offices and facilities;
 

(2) maintain signs in connection with those selling and leasing activities; and
 

(3) conduct selling, leasing and auction activities.

(b) No other owner or occupier may maintain facilities or signs, nor otherwise conduct selling or leasing activities, without owners corporation approval.

23. Security Keys (By-Law 23)

 

Definition - 'Security Key' means a key, magnetic card, tag or other device used to open and close doors, gates or locks or to operate alarms, security systems or communication systems in the Building. (a) If relevant, the estate manager will issue security keys to the owner of a lot.

The Building Manager will issue security keys to the owner, occupier or authorised agent of a lot.

1)   The security key holder must be registered to building management and security management software

2)   The key holder must not duplicate or copy the security key.

3)   The key holder must not share building management or security credentials

4)   The key holder must not share, lend or give their security key to any other person without registration with building
       management and security management systems

5)   Attempt of tampering with the security system or duplicating, sharing a security credential, may result in cancellation of the 

      credential

6)   Re-registering security credentials will cost $200

7)   If the security key is damaged, lost or stolen, then the key holder must immediately notify the building manager who will
       replace the key at the cost of the key owner

 

24. Community Management Statement (By-Law 24)
 

(a) The community management statement contains by-laws which affect the strata scheme.

 

(b) An owner or occupier and the owner's corporation must comply with the community management statement.

(c) If there is any inconsistency between the terms of the community management statement and these by-laws, the community
     management statement will prevail.

(d) A breach of the by-laws contained in the community management statement amounts to a breach of these by-laws.

25. Air Conditioning - By-Law 25 (amended 20/05/2009)
 

(a) An owner, occupier or the Owner's Corporation must not install or maintain on a lot or common property any air conditioning unit other than of a type or style approved by the Owners Corporation and with a power rating, noise rating and in a location directed by the responsible person.

(b) An owner of a lot will have a right or exclusive use and enjoyment of that part of the common property required in order to install and keep an air conditioning unit (“unit”) to serve his lot.

 

(c) The owner or occupier must maintain the unit, or any modification or addition to the unit, in a state of good and serviceable repair and appearance, and must renew or replace it whenever necessary or as reasonably required by the Owners Corporation. If the owner decides to replace or renew the unit, the owner must inform the Owners Corporation in writing of his intention to do so at least fourteen (14) days prior to the replacement or renewal.

 

(d) An owner must, at his cost and within 7 days of being notified of the damage, repair any damage to the common property occurring in the installation, maintenance, replacement, repair or renewal of the unit or any modification or addition to the unit.

 

(e) If the owner does not repair the damage in accordance with By-Law 25(d), the Owners Corporation is authorised to repair any damage on behalf of the owner and the owner indemnifies the Owners Corporation against all liabilities and expenses it incurs by doing so.

 

(f) The owner must indemnify the Owners Corporation against any liability or expense that would not have been incurred if the unit had not been installed.

 

(g) The unit always remains the property of the owner of the lot and does not become common property or come under the ownership of the Owners Corporation at any time.

 

(h) Where any air conditioning system is installed for the benefit of an individual lot before registration of the strata plan, the owner of the lot is liable for all costs of maintaining and operating that system. The owner of that individual lot will be granted a right of exclusive use in accordance with paragraph (b) above and must comply with paragraphs (c), (d) and (f).

 

(i) Pursuant to paragraph (a) Owners Corporation provide consent to the owner installing and maintaining, on its lot, on any one terrace or balcony, not more than two of the following models of air conditioning units, specified below or alternatively an air conditioner with similar power, star and noise ratings a those models listed below.In all instances the condenser must be located on the floor of the apartment balcony out of sight from other apartments.

 
 
 
 
 
 
 
 
 
 

 

 

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.

 

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.

 

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

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.

 

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

 

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).

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

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

 

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.

 

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.

 

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.

(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.

 

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:

(a) replace existing grass with artificial grass;

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

(c) Alter shape and size of pergola

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.

 

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.

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

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

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

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.

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

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.

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;

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 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

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 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

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.

 

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.

 

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

An owner or occupier must:

 

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

(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;

(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;

(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;

(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;

(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;

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

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

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

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

(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.

 

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

​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.

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

“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

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.

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

PART 1 - DEFINITIONS & INTERPRETATION

  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

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

 

PART 3 - CONDITIONS

The Owner accepts the following obligations:

  • 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

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


Owners Corporation responsibilities for maintenance, repair or replacement.

1. Balcony and Courtyards:

(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 

2. Ceiling / Roof:

(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

3. Electrical:

(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

4. Entrance door:

(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:

(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

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

7. Parking / Garage:

(a) carports, other than those within the cubic space of a lot and referred to n the strata plan, or which has been installed by an owner after registration of the strata plan

(b) electric garage door opener (motor and device) including automatic opening mechanism which serves more than one lot

(c) garage doors, hinge mechanism and lock, if shown by a thick line on the strata plan or if outside the cubic space of the lot

(d) mesh between parking spaces, if shown by a thick line on the strata plan

8. Plumbing:

(a) floor drain or sewer in common property

(b) pipes within common property wall, floor or ceiling

(c) main stopcock to unit

(d) storm water an on-site detention systems below ground

9. Windows:

(a) windows in common property walls, including window furniture, sash cord and window seal

(b) insect-screens, other than those installed by an owner after the registration of the strata plan

(c) original lock or other lock if subsequently replacement by the owners corporation

Lot owners responsibilities for maintenance, repair or replacement.

1. Balcony and Courtyards:

(a) awnings, decks, pergola, privacy screen, louvres, retaining walls, planter walls, steps or other structures within the cubic space of a balcony or courtyard and not shown as common property on the strata plan

(b) the part of a tree within the cubic space of a lot

2. Ceiling / Roof:

(a) false ceiling inside the lot installed by an owner after the registration of the strata plan

3. Electrical:

(a) air conditioning system, whether inside or outside of a lot, which serve only that lot

(b) fuses and fuse boards within the lot and serving only that lot

(c) in-sink food waste disposal systems and water filtration systems

(d) electrical wiring in non-common property walls within a lot and serving only that lot

(e) light fittings, light switches and power point sockets within the lot serving only that lot

(f) telephone, television, internet and cable wiring within non-common property walls and serving only that lot

(g) telephone, television, internet and cable service and connection sockets

(h) intercom handsets serving on lot and associated wiring located within non-common walls

4. Entrance Door:

(a) door locks additional to the original lock (or subsequent replacement of the original lock)

(b) keys, security cards and access passes

5. Floors:

(a) floor tiles and any associated waterproofing affixed by an owner after the registration of the strata plan

(b) lacquer and staining on surface of floorboards or parquetry flooring

(c) internal carpeting and floor coverings, unfixed floating floors

(d) mezzanines and stairs within lots that are not shown or referred to in the strata plan

6. General:

(a) internal (non-common property) walls

(b) paintwork inside the lot (including ceiling and entrance door)

(c) built-in wardrobes, cupboards, shelving

(d) dishwasher

7. Parking / Garage:

(a) garage door remote controller

(b) garage doors, hinge mechanism and lock where the lot boundary is shown as a think line on the strata plan and the door is inside the lot boundary

(c) light fittings inside the lot where the light is used exclusively for the lot

(d) mesh between parking spaces where shown as a thin line, dotted line or no line on the strata plan (this will be treated as a dividing fence to which the Dividing Fences Act 1991 applies) 

8. Plumbing:

(a) pipes, downstream of any stopcock, only serving that lot and not within any common property wall

(b) pipes and 'S' bend beneath sink, laundry tub or hand basin

(c) sink, laundry tub and hand basin

(d) toilet bowl and cistern

(e) bath

(f) shower screen

(g) bathroom cabinet and mirror

(h) taps and associated hardware

9. Windows:

(a) window cleaning - interior and exterior surfaces (other than those which cannot safely be accessed by the lot owner or occupier)

(b) locks additional to the original (or any lock replaced by the owner)

(c) window lock keys. 

Special By-Law 8 – Intercom By-Law

 

Intercom receivers must not be tampered with.

1. If an intercom receiver is tampered with, a cost of $100 will be charged

Special By-Law 9 – Owners for Agents By-Law

For the purpose of protecting the safety and welfare of all owners and occupiers of lots and to avoid, so far as is possible, loss and damage to the Owners Corporation and owners and occupiers of Lots, an Owner who appoints an Agent, must advise their Agents :

1. That the agent is responsible for people they let into the building

2. That the agent must email / telephone building manager with the contact details of new tenants, including car registration details, and organise a time for the tenants to register their security keys

3. That the agent must email / telephone building manager or security with move-in and move-out dates and times so that protective covers for the lifts can be installed

 

Special By-Law 10 – Cosmetic Work
 

1. Introduction

 

This by-law sets out the rules you must follow if you intend to carry out cosmetic work to a common area in the building in connection with your apartment.

 

2. Definitions & Interpretation

2.1 In this by-law, unless the context or subject matter otherwise indicates or requires:

 

(a) ​"Act" means the Strata Schemes Management Act 2015,

(b) "apartment" means a lot in the strata scheme,

(c) "building" means the building in the strata scheme in which your apartment is located,

(d) "common area" means the common property in the strata scheme,

(e) "cosmetic work" means any work to a common area in the building in connection with your apartment for the
       following purposes:

(i)   installing or replacing hooks, nails, screws or the like for hanging paintings and other things on walls,

(ii)  installing any device used to affix decorative items to the internal surfaces of walls in your apartment,

(iii) installing or replacing handrails,

(iv) painting,

(v)  filling minor holes and cracks in internal walls,

(vi) laying carpet,

(vii) installing or replacing built-in wardrobes,

(viii) installing or replacing internal blinds and curtains,

(ix)  installing any locking or other safety device to improve safety within your apartment,

(x)   installing any locking or other safety device for protection of your apartment against intruders,

(xi)  installing any screen or other device to prevent entry of animals or insects on your apartment,

(xii) installing any structure or device to prevent harm to children,

 

but cannot include non-cosmetic work,

 

(f) "non-cosmetic work" means:

 

(i)    work that consists of minor renovations for the purposes of section 110 of the Act and any by-law that
       specifies additional work that is to be a minor renovation for the purposes of section 110 of the Act,

(ii)   work involving structural changes,

(iii)  work that changes the external appearance of an apartment, including the installation of an external access
       ramp,

(iv)   work that detrimentally affects the safety of an apartment or common area, including fire safety systems,

(v)   work involving waterproofing or the plumbing or exhaust system of a building,

(vi)  work involving re-configuring walls,

(vii)  work for which consent or another approval is required under any other Act such as development consent of
        the local council under the Environmental Planning and Assessment Act 1979,

 

(g) "strata scheme" means the strata scheme to which this by-law applies, and

 

(h) "you" means an owner of an apartment and includes your successors in title.

 

2.2 In this by-law, unless the context or subject matter otherwise indicates or requires:

 

(a) headings have been inserted for guidance only and do not affect the interpretation of this by-law,

 

(b) references to any legislation include any legislation amending, consolidating or replacing the same, and all by-laws, ordinances, proclamations, regulations, rules and other authorities made under them,

 

(c) words importing the singular number include the plural and vice versa,

 

(d) where any word or phrase is given a definite meaning any part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning,

 

(e) any expression used in  this by-law and  which is defined in  the Act will have  the same meaning as that expression has in that Act  unless  a  contrary intention is expressed in this by-law, and

 

(f) if there is any inconsistency between this by-law and any other by-law applicable to the strata scheme, then the provisions of this by-law will prevail to the extent of that inconsistency.

 

3.Cosmetic Work

 

3.1 You may carry out cosmetic work without the approval of the owners corporation.

3.2 If you carry out cosmetic work, you must comply with the rules for cosmetic work specified in this by-law.

 

4.Rules for Cosmetic Work

 

4.1 During Cosmetic Work

 

During any cosmetic work you carry out, or which a person carries out on your  behalf, you must:
 

(a) Standard of Workmanship

ensure the cosmetic work is carried out in a competent and proper  manner  utilising only first quality materials which are good and suitable for the purpose for  which they are used,
 

(b) Quality of Cosmetic Work

make certain the cosmetic work is completed  in accordance  with any specifications for it and complies with the Building Code of Australia and any applicable Australian Standard (in the event of a conflict, the Building Code of Australia shall prevail),

 

(c)  Time for Completion of Cosmetic Work

make sure the cosmetic work is carried out with due diligence and is completed as soon as practicable from the date of commencement,

 

(d)  Times for Cosmetic Work

ensure that the cosmetic work is only carried out between the hours of 8.00am - 5.00pm on Monday - Friday and 9.00am - 3.00pm on Saturdays (not including public holidays) and is not carried out during any other times,

 

(e)  Appearance of Cosmetic Work

ensure the cosmetic work is carried out and completed in a manner which is in keeping with the rest of the building,

 

(f)  Noise During Cosmetic Work

ensure the cosmetic work does not create any excessive noise in your apartment or in a common area that is likely to interfere with the peaceful enjoyment of the occupier of another apartment or of any person lawfully using a common area,

 

(g)  Transportation of Construction Equipment

ensure that all construction materials and equipment in connection with the cosmetic work are transported in accordance with any manner reasonably directed by the owners corporation and in a manner that does not cause damage to the building,

 

(h)  Debris

ensure that any debris and rubbish associated with or generated by the cosmetic work is removed from the building strictly in accordance with the reasonable directions of the owners corporation,

(i)Storage of Building Materials on Common Areas

make sure that no building materials are stored in a common area,

 

(j)  Protection of Building

protect all areas of the building outside your apartment which are affected by the cosmetic work from damage, the entry of water or rain and from dirt, dust and debris relating to the cosmetic work and ensure that all common areas, especially the walls, floors and lift leading to your apartment, are protected by covers and mats when transporting furniture, construction materials, equipment and debris through the building,

(k)  Daily Cleaning

clean any part of the common areas affected by the cosmetic work on a daily basis and keep all of those common areas clean, neat and tidy during the cosmetic work,

(I)  Security

ensure that the security of the building is not compromised and that no external doors in the common area of the building are left open and unattended or left open for longer than is reasonably necessary during the cosmetic work,

(m)  Costs of Cosmetic work

pay all costs associated with the cosmetic work.

 

4.3       After Cosmetic Work

 

You must:
 

(a)  Maintenance of Cosmetic Work

properly maintain the cosmetic work and keep it in a reasonable state of good and serviceable repair and, where necessary, renew or replace any part of the cosmetic work,
 

(b)  Repair Damage

repair any damage caused to another apartment or any common area by the carrying out of the cosmetic work in a competent and proper manner,
 

(c)  Prevent Excessive Noise

ensure that any equipment forming part of the cosmetic work does not create or generate any heat, noise or vibrations that are likely to interfere with the peaceful enjoyment of the occupier of another apartment or of any person lawfully using a common area,
 

(d)  Indemnity

indemnify and keep indemnified the owners corporation against all actions,  proceedings, claims, demands, costs, damages and expenses which may be incurred by or brought or made against the owners corporation arising out of the cosmetic work or the altered state or use of any of the common areas arising from the cosmetic  work or your breach of this by-law,

 

(e)  Comply with the Law

comply with all statutes, by-laws, regulations, rules and other laws for the time being in force and which are applicable to the cosmetic work and the requirements of the local council concerning the cosmetic work.

5. Breach of this By-Law

5.1 If you breach any condition of this by-law and fail to rectify that breach within 14 days of service of a written notice from the owners corporation requiring rectification of that breach (or such other period as is specified in the notice), then the owners corporation may:

(a)  rectify the breach,

 

(b)  enter on any part of the building including your apartment, by its agents, employees or contractors, in accordance with the Act for the purpose of rectifying the breach, and

 

(c)  recover as a debt due from you the costs of the rectification  and the expenses  of the owners corporation incurred in recovering those costs including legal costs on an indemnity basis.

5.2 Nothing in this clause restricts the rights of or the remedies available to the owners corporation as a consequence of a breach of this by-law.

6. Specification of Additional Cosmetic Work

To avoid doubt, this by-law specifies additional work that is to be cosmetic work for the purposes of section 109 of the Act.

 

7.  Decision of Owners Corporation not to Maintain Cosmetic Work

To avoid doubt, the owners corporation determines that:

 

(a)  it is inappropriate for the owners corporation to maintain, renew, replace or repair any item of cosmetic work done by you; and

 

(b)  in the light of the obligations imposed on you in this by-law to maintain, renew, replace or repair any item of cosmetic work done by you, its decision will not affect the safety of any building, structure or common area in the strata scheme or detract from the appearance of any property in the strata scheme.

 
 
 

 

 

Special By-Law 11 - Minor Renovations

 

1. Introduction

 

 

This by-law sets out the rules you must follow if you intend to carry out minor renovations  to a common area in the building in connection with your apartment.

 

2. Definitions & Interpretation

 

 

2.1 In this by-law, unless the context or subject matter otherwise indicates or requires:
 

(a) "Act" means the Strata Schemes Management Act 2015,

(b) "apartment" means a lot in the strata scheme,

(c) "building" means the building in the strata scheme in which your apartment is located,

(d) "common area" means the common property in the strata scheme,

(e) "minor renovations" means any work to a common area in the building in connection with your apartment for the following purposes: 

(i)   renovating a kitchen, 

(ii)  renovating a bathroom in a manner that does not involve waterproofing,

(iii) renovating any other room in your apartment in a manner that does not involve waterproofing or structural changes, 

(iv) changing recessed light fittings, 

(v) removing carpet or other soft floor coverings to expose underlying wooden or other hard floors,

(vi) installing or replacing wood or other hard floors,

(vii) installing or replacing wiring or cabling or power or access points,

(vii) installing or replacing pipes and ducts,

(ix) work involving reconfiguring walls in a manner that does not involve structural changes,

(x) installing a rainwater tank,

(xi) installing a clothesline,

(xii) installing a reverse cycle split system air conditioner or a ducted air conditioning system,

(xiii) installing double or triple glazed windows,

(xiv) installing a heat pump or hot water service

(xv) installing ceiling insulation

(xvi) installing an aerial or antenna

(xvii) installing a satellite dish with a diameter no greater than 1.5 metres,

(xviii) installing a skylight, whirlybird, ventilation or exhaust fan in a roof directly above your apartment,

 

but cannot include non-minor renovations,

 

(f)"non-minor renovations" means:

 

(i) work that consists of cosmetic work for the purposes of section 109 of the Act and any by-law that specifies additional work that is to be cosmetic work for the purposes of section 109 of the Act,

(ii) work involving structural changes,

(iii) work that changes the external appearance of a lot, including the installation of an external access ramp,

(iv) work involving waterproofing,

(v) work for which consent or another approval is required under any other Act such as development consent of the local council under the Environmental Planning and Assessment Act 1979,

(vi) work that is authorised by a by-law made under section 108 of the Act or a common property rights by-law,

 

(g) "strata scheme" means the strata scheme to which this by-law applies, and

 

(h) "you" means an owner of an apartment and includes your successors in title.

 

2.2 In this by-law, unless the context or subject matter otherwise indicates or requires:

 

(a) headings have been inserted for guidance only and do not affect the interpretation of this by-law,

(b) references to any legislation include any legislation amending, consolidating or replacing the same, and all by-laws, ordinances, proclamations, regulations, rules and other authorities made under them,

 

(c) words importing the singular number include the plural and vice versa,

 

(d) where any word or phrase is given a definite meaning any part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning,

 

(e) any expression used in this by-law and  which is defined  in  the Act will have  the same meaning as that expression has in that Act  unless  a  contrary intention is expressed in this by-law, and

 

(f) if there is any inconsistency between this by-law and any other by-law applicable to the strata scheme, then the provisions of this by-law will prevail to the extent of that inconsistency.

 

3. Minor Renovations Approval Process

 

 

3.1 Minor Renovations  Require Approval

 

You may carry out, or permit another person to carry out on your behalf, minor renovations with the approval of the owners corporation or strata committee.

 

3.2 The Approval Process

 

3.2.1 If you wish to carry out minor renovations you must make an application to the owners corporation in order to seek its approval of the minor renovations.

 

3.2.2 The application must be in writing and sent to the strata managing agent of the owners corporation or, if there is no strata managing agent, to the secretary of the owners corporation.

 

3.2.3 Your application must contain:

 

(a) your name, address and telephone number,

 

(b) your apartment and lot number,

 

(c) details of the minor renovations,

 

(d) drawings, plans and specifications for the minor renovations,

 

(e) an estimate of the duration and times of the minor renovations,

 

(f) details of the persons carrying out the minor renovations including the name, licence number, qualifications and telephone number of those persons,

 

(g) details of arrangements to manage any resulting rubbish or debris arising from the minor renovations.

 

3.2.4 The owners corporation may request further information to supplement the information contained in your application but it must not act unreasonably when doing so.

 

3.2.5 The owners corporation may engage a consultant to assist it review your application.

 

3.2.6 The owners corporation may:

 

 (a) approve your application either with or without conditions, or

(b) withhold approval of your application (but it must not act unreasonably when doing so).

 

3.2.7 You must comply with any conditions which the owners corporation issues as part of its approval and the conditions contained in this by-law.

 

4. Conditions for Minor Renovations

4.1 Before the Minor Renovations

 

4.1.1 Before commencing the minor renovations, you must:

 

(a) Prior Notice

give the owners corporation at least 14 days' written notice. Your written notice must include the estimated start date of the minor renovations and  the estimated end date of the minor renovations,

(b) Contractor's Licence and Insurance Details

give the owners corporation a copy of a certificate or other document demonstrating that the contractor who will carry out the minor renovations holds a current:
 

(i) licence,

 

(ii) all risk insurance policy which must include public liability cover in the sum of $10,000,000.00,

 

(iii) workers compensation insurance policy (if required by law), and

 

(iv) home building compensation fund insurance policy under the Home

Building Act 1989 for the minor renovations (if required by law),

 

(c) Engineer's Report

if requested to by the owners corporation, give the owners corporation a report from a structural engineer addressed to the owners corporation certifying that the minor renovations do not involve structural changes,

 

(d) Acoustic Consultant's Report

if the minor renovations will involve removing carpet or other soft  floor  coverings to expose underlying wooden or other hard floors or installing or replacing wood or other hard floors (apart from floor coverings in a laundry, lavatory or bathroom), if requested to by the owners corporation, give  the owners corporation a report from an acoustic consultant certifying the acoustic properties of the new floor coverings,

 

(e) Dilapidation Report

if requested to by the owners corporation, give the owners corporation a dilapidation report (which must include photographs) concerning the areas of the building the owners corporation requires to be included in that report,

 

(f) Bond

if requested to by the owners corporation, pay a bond to the owners corporation in the sum of $5,000 or such other amount determined from time to time by the owners corporation,

 

(g) Costs

pay the reasonable costs of the owners corporation incurred in connection with considering or approving your application for minor renovations including any consultant's costs.

4.1.2 If you have not complied with any of the conditions set out in clause 4.1.1 you must not begin the minor renovations and if you have already begun the minor renovations you must immediately stop them.

 

 

4.2 During the Minor renovations

 

During the minor renovations you must:

 

(a)      Standard of Workmanship

ensure the minor renovations are carried out in a competent and proper manner by appropriately qualified and licensed contractors utilising only first quality materials which are good and suitable for the purpose for which they are used,

(b)       Quality of Minor Renovations

make certain the minor renovations are completed in accordance with any specifications for them and comply with the Building Code of Australia and any applicable Australian Standard (in the event of a conflict, the Building Code of Australia shall prevail),

(c)       Time for Completion of Minor Renovations

make sure the minor renovations are carried out with due diligence and are completed as soon as practicable from the date of commencement,

(d)      Times for Minor Renovations

ensure that the minor renovations are only carried out between the hours of 8.00am - 5.00pm on Monday - Friday and 9.00am - 3.00pm on Saturdays (not including public holidays) and are not carried out any other times,

(e)      Times for Operation of Noisy Equipment

make sure that percussion tools and noisy equipment such as jack hammers and tile cutters are only used between 10.00am - 3.00pm and that at least 72 hours notice is given to the occupiers of the other apartments in the building by a sign prominently displayed on the noticeboard before the use of any such tools and equipment,

(f)        Appearance of Minor Renovations

ensure the minor renovations are carried out and completed in a manner which is in keeping with the rest of the building,

(g)       Noise During Minor Renovations

ensure the minor renovations and your contractors do not create any  excessive  noise in your apartment or in a common area that is likely to interfere with the peaceful enjoyment of the occupier of another apartment or of any person lawfully using a common area,

(h)       Transportation of Construction Equipment

ensure that all construction materials and equipment are transported in accordance with any manner reasonably directed by the owners corporation and in a manner that does not cause damage to the building,

(i)        Debris

ensure that any debris and rubbish associated with or generated by the minor renovations is removed from the building strictly in accordance with the reasonable directions of the owners corporation,

(j)           Storage of Building Materials on Common Areas

make sure that no building materials are stored in a common area,

 

(k)          Protection of Building

protect all areas of the building outside your apartment which are affected by the minor renovations from damage, the entry of water or rain and from dirt, dust and debris relating to the minor renovations and ensure that all common areas, especially the walls, floors and lift leading to your apartment, are protected by covers and mats when transporting furniture, construction materials, equipment and debris through the building,

(I)           Daily Cleaning

clean any part of the common areas affected by the minor renovations on a daily basis and keep all of those common areas clean, neat and tidy during the minor renovations,

(m)        Interruption to Services

minimise any disruption to services in the building and give the occupiers of the other apartments in the building at least 72 hours prior notice of any planned interruption to the services in the building such as water, electricity and television by a sign prominently displayed on the noticeboard before any such disruption,

(n)           Access

give the owners corporation's nominee (which may be its consultant) access to your apartment to inspect (and, if applicable, supervise) the minor renovations on reasonable notice,

(o)          Vehicles

ensure that no contractor's vehicles obstruct the common areas including the driveway areas other than on a temporary and non-recurring basis when delivering or removing materials or equipment and then only for such time as is reasonably necessary,

(p)           Security

ensure that the security of the building is not compromised and that no external doors in the common area of the building are left open and unattended or left open for longer than is reasonably necessary during the minor renovations,

(q)           Variation to Minor Renovations

not vary the minor renovations without obtaining the written approval of the owners corporation or strata committee,

(r)          Costs of Minor renovations

pay all costs associated with the minor renovations including any costs incurred by the owners corporation engaging a consultant to inspect or supervise the minor renovations.

 

4.3 After the Minor Renovations

 

After the minor renovations have been completed, you must:

(a)  Notify the Owners Corporation

promptly notify the owners corporation that the minor renovations have been completed,

(b)  Access

give the owners corporation's nominee (which may be its consultant) access to your apartment to inspect the minor renovations on reasonable notice,

(c)  Restore the Common Areas

restore all common areas damaged by the minor renovations as nearly as possible to the state which they were in immediately prior to commencement of the minor renovations,

(d)  Expert's Report

if required by the owners corporation, give the owners corporation a report from a duly qualified building consultant or expert addressed to the owners corporation certifying that the minor renovations have been completed in a manner that complies with the Building Code of Australia and any applicable Australian Standards,

(e)  Acoustic Consultant's Report

if the minor renovations involved removing carpet or other soft floor coverings to expose underlying wooden or other hard floors or installing or replacing wood or other hard floors (apart from in a laundry, lavatory or bathroom), if required by the owners corporation, give the owners corporation a report from an acoustic consultant certifying the acoustic properties of the new floor coverings.

 

4.4 Enduring Obligations

 

You must:

(a)  Maintenance of Minor Renovations

properly maintain the minor renovations and keep them in a reasonable state of good and serviceable repair and, where necessary, renew or replace any part of those minor renovations,

 

(b)  Repair Damage

repair any damage caused to another apartment or the common areas by the carrying out of the minor renovations in a competent and proper manner,

(c)  Prevent Excessive Noise

ensure that any equipment forming part of the minor renovations does not create or generate any heat, noise or vibrations that are likely to interfere with the peaceful enjoyment of the occupier of another apartment or of any person lawfully using a common area,

(d)  Flooring

ensure that any floor coverings installed or exposed in an apartment during the minor renovations are covered or otherwise treated to an extent sufficient to prevent the transmission from the floor coverings of noise likely to disturb the peaceful enjoyment of the owner or occupier of another apartment (apart from floor coverings in a laundry, lavatory or bathroom),

(e)  Indemnity

indemnify and keep indemnified the owners corporation against all  actions, proceedings, claims, demands, costs, damages and expenses which may be incurred by or brought or made against the owners corporation arising out of the minor renovations or the altered state or use of any of the common areas arising from the minor renovations or your breach of this by-law,

(f)  Insurance

if required by the owners corporation, make, or permit the owners corporation to make on your behalf, any insurance claim concerning or arising from the minor renovations, and use the proceeds of any insurance payment made as a result of an insurance claim to complete the minor renovations or repair any damage to the building caused by the minor renovations,

(g)  Comply with the Law

comply with all statutes, by-laws, regulations, rules and other laws for the time being in force and which are applicable to the minor renovations and the requirements of the local council concerning the minor renovations.

5.  Bond

The owners corporation shall be entitled to apply the bond paid by you under the conditions of this by-law, or any part of it, towards the costs of the owners corporation incurred:
 

(a) repairing any damage caused to a common area or any other apartment during or as a result of the minor renovations, or

 

(b) cleaning any part of the common area as a result of the minor renovations,

 

and the owners corporation must refund the bond, or the remaining balance of it, when you notify the owners corporation that the minor renovations have been completed and the owners corporation is reasonably satisfied that you have complied with the conditions of this by-law.

6.  Breach of this By-Law

6.1 If you breach any condition of this by-law and fail to rectify that breach within 14 days of service of a written notice from the owners corporation requiring rectification of that breach (or such other period as is specified in the notice), then the owners corporation may:

(a) rectify the breach,

(b) enter on any part of the building including your apartment, by its agents, employees or contractors, in accordance with the Act for the purpose of rectifying the breach, and
 

(c) recover as a debt due from you the costs of the rectification  and the expenses of the owners corporation incurred in recovering those costs including legal costs on an indemnity basis.
 

6.2 Nothing in this clause restricts the rights of or the remedies available to the owners corporation as a consequence of a breach of this by-law.
 

7.  Approvals

The strata committee may approve minor renovations under this by-law. To avoid doubt, the owners corporation delegates its functions under section 110 of the Act to the strata committee.

8.  Specification of Additional Minor Renovations
 

To avoid doubt, this by-law specifies additional work that is to be a minor renovation for the purposes of section 110 of the Act.
 

9.  Decision of Owners Corporation not to Maintain Minor Renovations
 

To avoid doubt, the owners corporation determines that:

 

(a) it is inappropriate for the owners corporation to maintain, renew, replace or repair any minor renovations done by you pursuant to an approval granted under this by-law; and

 

(b) in the light of the obligations imposed on you in this by-law to maintain, renew, replace or repair any such minor renovations, its decision will not affect the safety of any building, structure or common area in the strata scheme or detract from the appearance of any property in the strata scheme.

 

Special By-Law 12 - Major Renovations

1.  Introduction

 

 

This by-law sets out the rules you must follow if you intend to carry out  major renovations to a common area in the building in connection with your apartment or to your apartment.

2.  Definitions & Interpretation

 

2.1 In this by-law, unless the context or subject matter otherwise indicates or requires:

 

(a) "Act" means the Strata Schemes Management Act 2015,

 

(b) "apartment" means a lot in the strata scheme,

 

(c) "annexure" means the annexure to this by-law,

 

(d) "building" means the building in the strata scheme in which your apartment is located,

 

(e) "common area" means the common property in the strata scheme,

 

(f) "cosmetic work" means cosmetic work for the purposes of section 109 of the Act and any by-law that specifies additional work that is to be cosmetic work for the purposes of section 109 of the Act,

 

(g) "major renovations" means any work to an apartment or a common area in the building in connection with your apartment for the following purposes:

 

(i)  work involving structural changes such as the removal of the whole or part of a load bearing wall,

 

(ii) work that changes the external appearance of your apartment, including the installation of an external access ramp, awning, pergola or vergola or installation of a new window in a boundary wall of your apartment,

 

(iii) work involving waterproofing such as a bathroom renovation involving the laying of a new waterproof membrane,

 

(iv)  work for which consent or another approval is required under any other Act such as development consent of the local council under the Environmental Planning and Assessment Act 1979,

 

but cannot include cosmetic work or minor renovations,

 

 

(h) "minor renovations" means minor renovations for the purposes of section 110 of the Act and any by-law that specifies additional work that is to be a minor renovation for the purposes of section 110 of the Act,

 

(I) "strata scheme" means the strata scheme to which this by-law applies, and

 

(J) "you" means an owner of an apartment and includes your successors in title.

 

 2.2 In this by-law, unless the context or subject matter otherwise indicates or requires:

 

(a) headings have been inserted for guidance only and do not affect the interpretation of this by-law,

 

(b) references to any legislation include any legislation amending, consolidating or replacing the same, and all by-laws, ordinances, proclamations, regulations, rules and other authorities made under them,

 

(c) words importing the singular number include the plural and vice versa,

 

(d) where any word or phrase is given a definite meaning any part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning,

 

(e) any expression used in this by-law and  which  is defined  in  the Act will have the same meaning as that expression has in that Act  unless  a  contrary intention is expressed in this by-law, and

 

(f) if there is any inconsistency between this by-law and any other by-law applicable to the strata scheme, then the provisions of this by-law will prevail to the extent of that inconsistency.

 

3.Major Renovations Approval Process

 

 

3.1 Major Renovations  Require Approval

 

You must not carry out, or permit anyone else to carry out, major renovations without the prior written approval of the owners corporation.

 

3.2 The Approval Process

 

3.2.1 If you wish to carry out major renovations you must make an application to the owners corporation in order to seek its approval of the major renovations.

 

3.2.2 The application must be in writing and sent to the strata managing agent of the owners corporation or, if there is no strata managing agent, to the secretary of the owners corporation.

 

3.2.3 Your application must contain:

 

(a) your name, address and telephone number,

 

(b) your apartment and lot number,

 

(c) details of the major renovations,

 

(d) drawings, plans and specifications for the major renovations,

 

(e) an estimate of the duration and times of the major renovations,

 

(f) details of the persons carrying out the major renovations including the name, licence number, qualifications and telephone number of those persons,

 

(g) details of arrangements to manage any resulting rubbish or debris arising from the major renovations.

 

3.2.4 Your application must also contain a motion and by-law generally in the form set out in the annexure (with the blanks appropriately completed) and your written consent to that by-law if the major renovations will involve alterations or additions to a common area.

 

3.2.5 The owners corporation may request further information to supplement the information contained in your application but it must not act unreasonably when doing so.

 

3.2.6 The owners corporation may engage a consultant to assist it review your application.

 

3.2.7 The owners corporation may:

 

(a) approve your application either with or without conditions, or

 

(b) withhold approval of your application (but it must not act unreasonably when doing so).

 

3.2.8 If your major renovations will involve alterations or additions to a common area, and the owners corporation approves your application, the owners corporation must do so by passing a special resolution at a general meeting to approve the motion and by-law submitted with your application (or a substantially similar motion and by­ law).

 

3.2.9 You must comply with any conditions which the owners corporation issues as part of its approval and the conditions contained in this by-law.

 

4.Conditions for Major Renovations

 

 

4.1 Before the Major Renovations

 

4.1.1 Before commencing the major renovations, you must:

 

(a)  Prior Notice

give the owners corporation at least 14 days' written notice. Your written notice must include the estimated start date of the major renovations and  the estimated end date of the major renovations,

(b)  Local Council Approval

if required by law, obtain a complying development certificate for or  development consent of the local council to the major renovations and a construction certificate for the major renovations, and  give copies  of them  to the owners corporation,

(c)  Contractor's Licence and Insurance Details

give the owners corporation a copy of a certificate or other document demonstrating that the contractor who will carry out the major renovations holds a current:

(I)  licence,

(ii)  all risk insurance policy which must include public liability cover in the sum of $10,000,000.00,

(v) workers compensation insurance policy, and

(vi) home building compensation fund insurance policy under the Home Building Act 1989 for the major renovations (if required by law),

 

(d)  Engineer's Report

if requested to by the owners corporation, give the owners corporation a report from a structural engineer addressed to the owners corporation certifying that the major renovations will not have a detrimental affect on the structural integrity of the building or any part of it,

 

(e)Acoustic Consultant's Report

if the major renovations will involve changes to the floor coverings in your apartment (apart from floor coverings in a laundry, lavatory or bathroom) by, for example, installing or replacing wood or other hard floors, if requested to by the owners corporation, give the owners corporation a report from an acoustic consultant certifying the acoustic properties of the new floor coverings,

 

(f)  Dilapidation Report

if requested to by the owners corporation, give the owners corporation a dilapidation report (which must include photographs) concerning the areas of the building the owners corporation requires to be included in that report,

 

(g)  Bond

if requested to by the owners corporation, pay a bond to the owners corporation in the sum of $10,000 or such other amount determined from time to time by the owners corporation,

 

(h)  Costs

pay the reasonable costs of the owners corporation incurred in connection with considering or approving your application for major renovations including any consultant's costs.

 

4.1.3 If you have not complied  with any  of the conditions  set out  in clause  4.1.1 you must  not begin the major renovations and if you have already begun the major renovations you must immediately stop them.

 

4.2 During the Major Renovations

 

During the major renovations you must:

 

(a)  Standard of Workmanship

ensure the major renovations are carried out in a competent and proper manner by appropriately qualified and licensed contractors utilising only first quality materials which are good and suitable for the purpose for which they are used,

(b)  Quality of Major Renovations

make certain the major renovations are completed in accordance with any specifications for them and comply with the Building Code of Australia and any applicable Australian Standard (in the event of a conflict, the Building Code of Australia shall prevail),

(c)  Time for Completion of Major Renovations

make sure the major renovations are carried out with due diligence and are completed as soon as practicable from the date of commencement,

(d)  Times for Major Renovations

ensure that the major renovations are only carried out between the hours permitted by the Local Council or if the Local Council does not prescribe any such hours then between of 8.00am - 5.00pm on Monday - Friday and 9.00am - 3.00pm on Saturdays (not including public holidays) and are not carried out any other times,

(e)  Times for Operation of Noisy Equipment

make sure that percussion tools and noisy equipment such as jack hammers and tile cutters are only used between 10.00am - 3.00pm on Monday - Friday and that at least 72 hours notice is given to the occupiers of the other apartments in the building by a sign prominently displayed on the noticeboard before the use of any such tools and equipment,

(f)  Appearance of Major Renovations

ensure the major renovations are carried out and completed in a manner which is in keeping with the rest of the building,

(g)  Supervision of Major Renovations

ensure that the major renovations are adequately supervised and that the common areas are inspected by the supervisor on a daily basis to ensure that the conditions of this by-law are complied with,

(h)  Noise During Major Renovations

ensure the major renovations and your contractors  do not create any excessive  noise in your apartment or in a common area that is likely to interfere with the peaceful enjoyment of the occupier of another apartment or of any person lawfully using a common area,

(i)  Transportation of Construction Equipment

ensure that all construction materials and equipment are transported in accordance with any manner reasonably directed by the owners corporation and in a manner that does not cause damage to the building,

(j)  Debris

ensure that any debris and rubbish associated with or generated by the major renovations is removed from the building strictly in accordance with the reasonable directions of the owners corporation,

(k)  Storage of Building Materials on Common Areas

make sure that no building materials are stored in a common area,

 

(I)  Protection of Building

protect all areas of the building outside your apartment which are affected by the major renovations from damage, the entry of water or rain and from dirt, dust and debris relating to the major renovations and ensure that all common areas, especially the walls, floors and lift leading to your apartment, are protected by covers and mats when transporting furniture, construction materials, equipment and debris through the building,

(m)  Building Integrity

keep all areas of the building affected by the major renovations structurally sound during the major renovations and make sure that any holes or penetrations made during the major renovations are adequately sealed and waterproofed and, if necessary, fireproofed,

(n)  Daily Cleaning

clean any part of the common areas affected by the major renovations on a daily basis and keep all of those common areas clean, neat and tidy during the major renovations,

(o)  Interruption to Services

minimise any disruption to services in the building and give the occupiers of the other apartments in the building at least 72 hours prior notice of any planned interruption to the services in the building such as water, electricity and television by a sign prominently displayed on the noticeboard before any such disruption,

(p)  Access

give the owners corporation's nominee (which may be its consultant) access to your apartment to inspect (and, if applicable, supervise) the major renovations on reasonable notice,

 

(q)  Vehicles

ensure that no contractor's vehicles obstruct the common areas including the driveway areas and passing bay other than on a temporary and non-recurring basis when delivering or removing materials or equipment and then only for such time as is reasonably necessary,

(r)  Security

ensure that the security of the building is not compromised and that no external doors of the building are left open and unattended or left open for longer than is reasonably necessary during the major renovations,

(s)  Variation to Major renovations

not vary the major renovations without obtaining the prior written approval of the owners corporation,

(t)  Costs of Major renovations

pay all costs associated with the major renovations including any costs incurred by the owners corporation engaging a consultant to inspect or supervise the major renovations.

 

4.3 After the Major Renovations

 

After the major renovations have been completed, you must:

(a)  Notify the Owners Corporation

promptly notify the owners corporation that the major renovations have been completed,

(b)  Access

give the owners corporation's nominee (which may be its consultant) access to your apartment to inspect the major renovations on reasonable notice,

 

(c)  Obtain Planning Certificates

if required by law, obtain all requisite certificates issued under Part 4A of the Environmental Planning and Assessment Act 1979 approving the major renovations and the occupation of your apartment (such as a compliance certificate and an occupation certificate) and give copies of them to the owners corporation,

(d)  Restore the Common Areas

restore all common areas damaged by the major renovations as nearly as possible to the state which they were in immediately prior to commencement of the major renovations,

(e)  Engineer's Report

if required by the owners corporation, give the owners corporation a report from a duly qualified structural engineer addressed to the owners corporation certifying that the major renovations have been completed in a manner that will not detrimentally affect the structural integrity of the building or any part of it,

(f)  Expert's Report

if required by the owners corporation, give the owners corporation a report from a duly qualified building consultant or expert addressed to the owners corporation certifying that the major renovations have been completed in a manner that complies with the Building Code of Australia and any applicable Australian Standards,

 

 

(g)  Acoustic Consultant's Report

if the major renovations involved changes to the floor coverings of your apartment (apart from floor coverings in a laundry, lavatory or bathroom), if required by the owners corporation, give the owners corporation a report from an acoustic consultant certifying the acoustic properties of any new floor coverings.

 

4.4 Enduring Obligations

 

You must:

(a)  Maintenance of Major Renovations

properly maintain the major renovations to your apartment and keep them in a reasonable state of good and serviceable repair and, where necessary, renew or replace any part of those major renovations,

(b)  Repair Damage

repair any damage caused to another apartment or the common areas by the carrying out of the major renovations in a competent and proper manner,

(c)  Prevent Excessive Noise

ensure that any equipment forming part of the major renovations does not create or generate any heat, noise or vibrations that are likely to interfere with the peaceful enjoyment of the occupier of another apartment or of any person lawfully using a common area,

(d) Flooring

if the major renovations involved changes to the floor coverings of your apartment, ensure that the new floor coverings are covered or otherwise treated to an extent sufficient to prevent the transmission from the floor coverings of noise likely to disturb the peaceful enjoyment of the owner or occupier of another apartment (apart from floor coverings in a laundry, lavatory or bathroom),

(e) Indemnity

indemnify and keep indemnified the owners corporation against all actions,  proceedings, claims, demands, costs, damages and expenses which may be incurred by or brought or made against the owners corporation arising out of the major renovations or the altered state or use of any of the common areas arising from the major renovations or your breach of this by-law,

 

(f)  Insurance

if required by the owners corporation, make, or permit the owners corporation to make on your behalf, any insurance claim concerning or arising from the major renovations, and use the proceeds of any insurance payment made as a result of an insurance claim to complete the major renovations or repair any damage to the building caused by the major renovations,

(g)  Comply with the Law

comply with all statutes, by-laws, regulations, rules and other laws for the time being in force and which are applicable to the major renovations and the requirements of the local council concerning the major renovations (for example, the conditions of the local council's approval of the major renovations, a notice or order issued by the local council or fire safety laws).

5.  Bond

The owners corporation shall be entitled to apply the bond paid by you under the conditions of this by-law, or any part of it, towards the costs of the owners corporation incurred:

 

(a) repairing any damage caused to a common area or any other apartment during or as a result of the major renovations, or

 

(b) cleaning any part of the common area as a result of the major renovations,

 

and the owners corporation must refund the bond, or the remaining balance of it, when you notify the owners corporation that the major renovations have been completed and the owners corporation is reasonably satisfied that you have complied with the conditions of this by-law.

6.  Breach of this By-Law

6.1 If you breach any condition of this by-law and fail to rectify that breach within 14 days of service of a written notice from the owners corporation requiring rectification of that breach (or such other period as is specified in the notice), then the owners corporation may:

(a) rectify the breach,

(b) enter on any part of the building including your apartment, by its agents, employees or contractors, in accordance with the Act for the purpose of rectifying the breach, and

(c) recover as a debt  due from you the costs of the rectification  and the expenses of the owners corporation incurred in recovering those costs including legal costs on an indemnity basis.

 

6.2 Nothing in this clause restricts the rights of or the remedies available to the owners corporation as a consequence of a breach of this by-law.
 

7.  Common Property Rights By-Law

 

7.1 Nothing in this by-law detracts from or alters any obligation that arises under sections 108 or 143 of the Act for or in relation to your major renovations.

 

7.2  Nothing in this by-law prevents the owners corporation from requiring, as a condition of approval for your major renovations or otherwise, a separate by-law to be made under section 108 or 143 of the Act for your major renovations in accordance with

clause 3.2.8.


ANNEXURE TO MAJOR RENOVATION BY-LAW

 

Motion and By-Law for Major Renovations

 

That the owners corporation specially resolves pursuant to sections 108 and 143 of the Strata Schemes Management Act 2015 to authorise the owner of the lot specified  in the special by-law set out below to  carry out the alterations and additions to that  lot and the common property described in that special by-law on the conditions of that special by-law (including the condition that the owner is responsible for the maintenance, upkeep arid repair of those alterations and additions and the common property occupied by them) and to add to the by-laws applicable to the strata scheme by making that special by-law:

 

Special By-Law No. ...    -   Major Renovations  and Building Works {Lot...... )

 

1.  Introduction

This by-law gives the Owner the right to carry out the Major Renovations on the conditions of the Major Renovations By-Law and this by-law.

 2.  Definitions

 

In this by-law:

 

"Lot" means Lot .......... in the Strata Scheme;

 

"Owner" means the owner for the time being of the Lot (being the current owner and all successors);

 

"Plans" means the plans/drawings prepared by ................. and dated............... attached

to this by-law;

 

"Major Renovations" means the alterations and additions to the Lot and common property  described and shown  in the Plans being...................................... ;

"Major Renovations By-Law" means Special By-Law No. 12 - Major Renovations as amended from time to time;

 

"Strata Scheme" means the strata scheme to which this by-law applies.

 

3.  Authorisation for Major Renovations

 

The Owners Corporation grants the Owner:

 

(a) the authority to carry out the Major Renovations strictly in accordance with the Plans;

(b) the special privilege to, at the Owner's cost, carry out the Major Renovations to the common property strictly in accordance with the Plans; and the exclusive use and enjoyment of the common property to be occupied by the Major Renovations;

on the conditions of this by-law.

 

4.  Conditions

 

4.1 The Major Renovations By-Law will apply to the Major Renovations.

4.2 The Owner must, at the Owner's cost, comply with the conditions specified in the Major Renovations By-Law with respect to the Major Renovations.

4.3 The Owner must also, at the Owner's cost, properly maintain and keep  in  a state of good and serviceable repair the Major Renovations and the common property occupied by the Major Renovations and, where necessary, renew or replace any fixtures of fittings comprised in those Major Renovations and that common property.

4.4 The Owners Corporation may exercise any of the functions conferred on it  under the Major Renovations By-Law with respect to the Major Renovations.

4.5 The Owner must pay the reasonable costs of the owners corporation incurred in connection with approving and registering this by-law.

4.6 For the avoidance of doubt, this by-law operates as the approval of the owners corporation of the Major Renovations for the purposes of the Major Renovations By-Law.

 

Special By-Law 13 - Common Property, Lobbies

The owners corporation may by resolution of its strata committee and for the purpose of repair, management, use and/or enjoyment of and in keeping with the appearance of the rest of the building, change the common property within the entry lobbies only:

     a) replace existing wallpaper with an alternate wallpaper design
 

     b) replace existing wallpaper with paint
 

     c) replace existing colour scheme with an alternate colour scheme​

Special By-Law 14 - Standing orders for Strata Committee Meetings

  1. The meeting will be governed by the terms of Schedule 2 of the NSW Strata Schemes Management Act 2015 and relevant regulations. *
     

  2. The meeting may not commence until the quorum of attendance (50 percent of the membership as decided at the previous AGM) has been reached. Acting members' (proxy) votes may not be counted towards the quorum. *
     

  3. The meeting must be chaired by the elected chairperson unless they are absent or unable to do so, in which case the committee must elect a chair for the duration of that meeting. *
     

  4. Voting on committee matters is decided according to a majority of the number of votes cast for and against with each member carrying only one vote (unless they have been granted an acting member vote in writing by a member who cannot attend and the committee has agreed to it being allowed).*
     

  5. A simple majority of the committee in attendance can choose not to allow acting member votes if they so wish. *
     

  6. Members can be considered to be in attendance if they are present by telephone, video streaming or other electronic means. *
     

  7. The committee must allow non-committee members to attend the meeting but they are only permitted to speak if a majority of the committee agree. *
     

  8. The committee may decide by a simple majority whether or not non-committee members should speak only on specific items on the agenda or on any or all agenda items. *
     

  9. In a tied vote, the chairperson does not have a casting vote and any motion will be considered not to have been carried if it remains tied after a re-vote. *
     

  10. The chair should make it clean to non-committee members that they are bound by the Standing Orders.
     

  11. The committee will consider the items on the agenda in the order in which they appear unless a majority of the committee agrees to change the order at the meeting. 
     

  12. The Chairperson will allow each participating member or attendee to speak only once on a topic until everyone who wants to speak has had a chance to do so. The same restriction will apply after each time an attendee speaks.
     

  13. After discussions, and before a vote, the Chair will call for anyone who wishes to raise a point that has not already been discussed, to do so.
     

  14. Once a vote has been taken and the meeting has moved on to the next agenda items, a previous motion may not be revisited.
     

  15. Attendees and members who interrupt, talk out of turn or talk over other members may be warned verbally that their behaviour is not acceptable.
     

  16. If the behaviour is repeated despite a warning, the chairmen can call for a vote of the committee to 'name' the miscreant in the minutes of the meeting
     

  17. The meeting will be called to a close after the final item has been discussed and voted upon.
     

  18. If there is persistent disruption, the chair can propose the meeting be adjourned at any point, subject to approval of the committee, with the remaining items to be decided 'on paper'.
     

  19. There is no "any other business". * Any items not on the agenda can only be discussed informally after the end of the meeting and no vote should be taken or recorded.

* Items 1 to 9 plus 19 are part of NSW strata laws or regulations.

Special By-Law 15    -   Major Renovations Lot 148 for Installation of Shade Blind

 

1.  Introduction

This by-law gives the Owner the right to carry out the Major Renovations on the conditions of the Major Renovations By-Law and this by-law.

 2.  Definitions

 

In this by-law:

 

"Lot" means Lot 148 in the Strata Scheme;

 

"Owner" means the owner for the time being of the Lot (being the current owner and all successors);

 

"Plans" means the plans/drawings prepared by P . Woodley and dated 4 September 2018 attached

to this by-law;

 

"Major Renovations" means the alterations and additions to the Lot and common property  described and shown  in the Plans being installation of a ziptrack shade awning on front balcony

"Major Renovations By-Law" means Special By-Law No. 12 - Major Renovations as amended from time to time;

 

"Strata Scheme" means the strata scheme to which this by-law applies (SP79088)

 

3.  Authorisation for Major Renovations

 

The Owners Corporation grants the Owner:

 

(a) the authority to carry out the Major Renovations strictly in accordance with the Plans;

(b) the special privilege to, at the Owner's cost, carry out the Major Renovations to the common property strictly in accordance with the Plans; and the exclusive use and enjoyment of the common property to be occupied by the Major Renovations;

on the conditions of this by-law.

 

4.  Conditions

 

4.1 The Major Renovations By-Law will apply to the Major Renovations.

4.2 The Owner must, at the Owner's cost, comply with the conditions specified in the Major Renovations By-Law with respect to the Major Renovations.

4.3 The Owner must also, at the Owner's cost, properly maintain and keep  in  a state of good and serviceable repair the Major Renovations and the common property occupied by the Major Renovations and, where necessary, renew or replace any fixtures of fittings comprised in those Major Renovations and that common property.

4.4 The Owners Corporation may exercise any of the functions conferred on it  under the Major Renovations By-Law with respect to the Major Renovations.

4.5 The Owner must pay the reasonable costs of the owners corporation incurred in connection with approving and registering this by-law.

4.6 For the avoidance of doubt, this by-law operates as the approval of the owners corporation of the Major Renovations for the purposes of the Major Renovations By-Law.

Notes: The installation is conditional on confirmation that the awning is motorised or not, the colour, which should be Paperbark and if a Development Application or Complying Development Certificate is required. Once this information can be provided the request should be put to the community associated for final approval before installation can proceed. 

Special By-Law 16    -   Major Renovations Lot 131 for Installation of ceiling fan and light

 

1.  Introduction

This by-law gives the Owner the right to carry out the Major Renovations on the conditions of the Major Renovations By-Law and this by-law.

 2.  Definitions

 

In this by-law:

 

"Lot" means Lot 131 in the Strata Scheme;

 

"Owner" means the owner for the time being of the Lot (being the current owner and all successors);

 

"Plans" means the plans/drawings prepared by S. Rastogi and dated 25th October 2018 attached

to this by-law;

 

"Major Renovations" means the alterations and additions to the Lot and common property  described and shown  in the Plans being installation of Arlec 120cm white ceiling fan with oyster light on ceiling of lot balcony, connected to existing light switch

"Major Renovations By-Law" means Special By-Law No. 12 - Major Renovations as amended from time to time;

 

"Strata Scheme" means the strata scheme to which this by-law applies (SP79088)

 

3.  Authorisation for Major Renovations

 

The Owners Corporation grants the Owner:

 

(a) the authority to carry out the Major Renovations strictly in accordance with the Plans;

(b) the special privilege to, at the Owner's cost, carry out the Major Renovations to the common property strictly in accordance with the Plans; and the exclusive use and enjoyment of the common property to be occupied by the Major Renovations;

on the conditions of this by-law.

 

4.  Conditions

 

4.1 The Major Renovations By-Law will apply to the Major Renovations.

4.2 The Owner must, at the Owner's cost, comply with the conditions specified in the Major Renovations By-Law with respect to the Major Renovations.

4.3 The Owner must also, at the Owner's cost, properly maintain and keep  in  a state of good and serviceable repair the Major Renovations and the common property occupied by the Major Renovations and, where necessary, renew or replace any fixtures of fittings comprised in those Major Renovations and that common property.

4.4 The Owners Corporation may exercise any of the functions conferred on it  under the Major Renovations By-Law with respect to the Major Renovations.

4.5 The Owner must pay the reasonable costs of the owners corporation incurred in connection with approving and registering this by-law.

4.6 For the avoidance of doubt, this by-law operates as the approval of the owners corporation of the Major Renovations for the purposes of the Major Renovations By-Law.

Notes: The installation is conditional on what type of wiring the ceiling fan requires and the noise rating. It was requested that it be confirmed that the awning is motorised or not, the colour, which should be Paperbark and if a Development Application or Complying Development Certificate is required. Once this information can be provided the request should be put to the community associated for final approval before installation can proceed.