BY-LAWS | apartments-coast

By- Laws

Applicable to all residents

Extract from Community Management Statement CTS 46903 Coast West Tower

SCHEDULE C BY-LAWS DEFINITIONS

In these by-laws, the following words have the following meaning, unless the context otherwise requires:

"Act" the Body Corporate and Community Management Act 1997 as amended from time to time. If the Act is repealed, then the replacement Act.

"Approved Drawings" or "Approved Drawings and Documents" means the drawings, plans and related documents as approved under the terms of the Decision Notice made on 21 March 2012 by the Council (Development Application No. MCU201100371).

"Body Corporate" means the Body Corporate created upon the establishment of the Scheme pursuant to the Act.

"Body Corporate Manager" or "Manager" means the person appointed by the Body Corporate at any time pursuant to the Act as the manager of the Body Corporate.

"Building" means the building and all improvements comprised in the Development.

"Building Management Statement" means the proposed statement by that name contained in Annexure I of the Disclosure Statement.

"Building Manager" means the person appointed by the Body Corporate at any time pursuant to the Act for the better management, control, use and enjoyment of the Common Property and for the better exercise and performance of the Body Corporate's powers and duties.

"Building Manager's Lot" means a lot in the Development owned by the person appointed by the Body Corporate in writing as the Service Contractor and Letting Agent for the Scheme as those terms are defined in the Act.

"Council" means the Gold Coast City Council.

"CMS" means the Community Management Statement that is registered over the Land which benefits and burdens the Land.

"Coast Development" means the balance development which incorporates Lot 2 on SP 257721 or any Lots derived from this lot.

"Committee" means the Body Corporate Committee appointed pursuant to the Act.

"Common Property" means the common property created upon establishment of the Scheme and being so much of the Building and Land which is not comprised in any Lot.

"Decision Notice" means the Decision Notice specified in the Approved Drawings and Documents.

"Development" means the residential complex comprising of one hundred and twenty four (124) units and Facilities known as the "Coast - West" Community Titles Scheme to be carried out on part of the Scheme Land generally in the way outlined in the Plans and Specifications, the Community Management Statement and the Building Management Statement.

"Land" means all the land referred to in the survey plan for the Scheme.

"Letting Agent" means the person authorised by the Body Corporate as a letting agent for the Scheme.

"Lot" means a lot in the Scheme.

"Occupier" means the Owner or a person or entity who occupies or uses a Lot with the consent of the Owner.

"Original Owner" means Resident Company Pty Ltd ACN 138 225 297.

"Owner" means the registered Owner from time to time of a Lot.

"Owner's Invitees" or "Invitees" means each of the Owners or if the case may be the Occupiers officers, employees, agents, visitors, invitees, lessees, licensees, contractors and other claiming through or under the Owner or Occupier.

"Regulation Module" means the Body Corporate and Community Management (Accommodation Module) Regulation

2008.

"Scheme" means the Coast-West Community Titles Scheme established pursuant to the Act.

RULES FOR INTERPRETATION

In these by-laws unless the context indicated a contrary intention:-

(a) references to any right, power or authority of the Body Corporate or Committee to do anything extend to all people authorised by them;

(b) references to a Lot, the Common Property, Building, Land or to any thing includes any part of it;

(c) any obligation on an Owner not do any act or thing includes an obligation not to permit such act or thing to be done and to prevent such act or thing being done by the Occupiers and Owner's Invitees;

(d) any obligation on an Owner to do any act or thing includes an obligation to ensure such act or thing is done by the Occupiers and Owner's Invitees;

(e) words denoting the singular include the plural number and vice versa;

(f) words importing a gender include any gender;

(g) words denoting a natural person include companies, partnerships, trusts, or bodies corporate;

(h) headings are for convenience only and do not affect the interpretation of these by-laws;

(i) derivatives of any word or expression defined in these by-laws will have a corresponding meaning;

j) any notice to be given or any consent or approval required to be obtained from the Body Corporate or Committee under these by-laws must be given to obtained in writing; and

(k) anything to be done by the Body Corporate may be done by the Committee if authorised by the Act.

BY-LAWS

1. Vehicles

(a) An Owner must not, without the Committee's written approval:

(i) park a vehicle, or allow a vehicle to stand, on the Common Property; or

(ii) permit an Invitee to park a vehicle, or allow a vehicle to stand, on the Common Property, except for the designated visitor parking which must remain available at all times for the sole use of visitors vehicles.

(b) An approval under sub-section (a) must state the period for which it is given, with the exception of designated visitor parking.

(c) However, the Committee may cancel the approval issued under sub-section 1(a) by giving seven (7) days written notice to the Owner, with the exception of designated visitor parking.

2. Roads and Other Common Property An Owner shall not:-

(a) obstruct the roadways, pathways, drives and other Common Property and any easement giving access to the Land or be used by them for any purpose other than the reasonable ingress and egress to and from their respective Lots or the parking areas provided;

(b) drive or permit to be driven any vehicle in excess of two (2) tonnes weight onto or over the Common Property other than such vehicles necessary to complete the construction and/or occupation of any Building erected on the Land, and any vehicles entitled by any statute and/or local authority ordinances;

Any Invitees shall park their vehicles in the visitors' parking bays on the Common Property and shall use such area only for its intended purpose of casual parking;

(d) exceed the speed limit of 5 kilometres per hour.

3. Car Spaces

(a) There will be on-site parking for a total of 132 cars.

(b) The following vehicles are permitted to be parked in the Lot's allocated car space: motor car or motor bike.

(c) The following vehicles are only permitted after obtaining the written approval of the Committee: boat, trailer, caravan, campervan or mobile home.

(d) All vehicles shall at all times be kept in a roadworthy and the like condition and the car space is to be tidy and free of all litter.

(e) The Body Corporate has the authority of the Owner of a Lot and is empowered to organise cleaning services for the car park spaces forming part of a Lot or the subject of exclusive use areas and to pay for any such service out of administration fund levies.

4. Building Management Statement

(a) All Occupiers must observe the terms of the Building Management Statement that affects their Lot or the Scheme

(b) The Committee is empowered to appoint one of their members to represent the Body Corporate on any management group established under any Building Management Statement

(c) If the Body Corporate agrees to amend the Building Management Statement, an owner or mortgagee with certificate of title for a Lot must promptly deliver up the certificate of title to facilitate registration of the amended Building Management Statement

5. Obstruction

An Owner shall not obstruct lawful use of the Common Property by any person.

6. Damage to Common Property An Owner shall not:

(a) damage any lawn, garden, tree, shrub, plant or flower being part of or situated upon the Common Property; or

(b) except with the consent in writing of the Committee, use for his own purposes as a garden any portion of the Common Property;

(c) mark, paint, drive nails or screws or the like into, or otherwise damage or deface, any structure that forms part of the Common Property unless written approval if given by the Committee.

7. Depositing Rubbish etc. on Common Property

An Owner shall not deposit or throw upon the Common Property any rubbish, dirt, dust or other material likely to interfere with the peaceful enjoyment of any other Owner or Occupier or any person lawfully using the Common Property.

8. Garbage Disposal

(a) An Owner shall:

(i) save where the Body Corporate provides some other means of disposal of garbage, maintain within their Lot, or on such part of the Common Property as may be authorised by the Body Corporate, in clean and dry condition and adequately covered, a receptacle for garbage;

(ii) only dispose of rubbish in ways approved by or specified by the Committee;

(iii) comply with all local authority by laws and ordinances relating to the disposal of garbage;

(iv) ensure that the health, hygiene and comfort of the Owner of any other Lot is not adversely affected by their disposal of garbage;

(v) shall not restrict access to the Common Property by the Council or Body Corporate, or their contractors or workmen, in collecting and disposing of rubbish.

(b) The Owner of a Lot acknowledges that an appropriate area for storage and collection of refuse, including recyclables will be constructed in a position which is accessible to service vehicles on the Land.

(c) The Owner of a Lot acknowledges that the Original Owner has in accordance with the provisions of the Development Approval agreed with the Council and its agents to provide waste and recycling services in accordance with the Council's policies.

9. Appearance of Buildings

(a) The Committee has established rules and standards (including specifications) in relation to items affecting the appearance of a Building. An Owner must comply with any such rules and standards. Such standards include:-

(i) An Owner shall not hang any washing, towel, bedding, clothing or other article or display any sign, advertisement, placard, banner, pamphlet or like matter on any part of their Lot in such a way as to be visible from the Common Property or any other Lot.

(ii) An Owner shall not cause to have erected any sign, advertisement, placard, banner, pamphlet or like matter on any part of the Common Property whatsoever.

(iii) An Owner shall not close in balconies or terraces (which must remain unenclosed with no shutters, glazing, louvers or similar permanent structures unless otherwise approved by the Council).

(iv) An Owner shall not erect on their Lot or any part of the Common Property outside wireless and television aerials and satellite dishes (or similar devices) without the written permission of the Committee.

(v) An Owner of a Lot which contains a balcony, terrace or garden area, pot plants or planter box is responsible for the maintenance of such balcony, terrace or garden area, pot plant or planter box, whether it is part of the title to the Lot or part of the Lot by way of exclusive use.

(vi) An Owner must ensure that all trees, shrubs, creepers and plants in or on any balcony, terrace or garden area, pot or planter box contained on their Lot:

(1) are kept and maintained in good health and condition;

(2) do not extend beyond the boundaries of the Lot; and

(3) do not obstruct the views from any other Lot or interfere with the use and enjoyment of any other Lot.

(vii) An Owner must take care when watering or carrying out maintenance so as to cause minimum disturbance to any other Owner or Occupier.

(b) The Committee may implement any additional rules and standards as it considers appropriate.

10. Inflammable Liquids Gases or Other Materials

An Owner shall not bring to, do or keep anything in their Lot which shall increase the rate of fire insurance on any other Lot or the Common Property of the Scheme or which may conflict with the laws and/or regulations relating to fires or any insurance policy upon any other Lot or the Common Property of the Scheme or the regulations or ordinances of any public authority for the time being in force. Gas cooking barbecues are permitted within the Lots.

11. Keeping of Animals

(a) Subject to the provision of the Act an Owner shall not keep any animal upon its Lot or the Common Property without the prior written approval of the Committee.

(b) Upon written approval of the Committee, an Owner may keep a maximum of one small dog or cat in the Lot as long as the animal:

(i) does not disturb others; and

(ii) is a domesticated pet; and

(iii) is toilet trained; and

(iv) weighs less than 10 kg.

(i)

(c) In addition to the criteria set out in sub-section 11(b), the Committee may implement any further conditions/criteria as it deems appropriate.

(d) If challenged, the Owner has the onus of proof (balance of probabilities) with respect to the matters contained in this by-law. The Body Corporate may order an animal to be removed from the Lot if the animal does not meet all of the criteria set out in this by-law and by the Committee.

12. Auction Sales

An Owner shall not permit any auction sale to be conducted or to take place in their Lot or within any part of the Development without the prior written approval of the Committee.

13. Right of Entry

An Owner, upon receiving reasonable notice from the Body Corporate, shall allow the Body Corporate or any contractors, sub contractors, workmen or other person authorised by it, the right of access to their Lot for the purpose of carrying out works or effecting repairs on mains, pipes, wires or connections of any water, sewerage, drainage, gas, electricity, telephone or other system or service, whether to their Lot or to an adjoining Lot.

14. Dividing Fences

An Owner shall not erect any fence on the Lot without the written approval of the Committee and unless the same is of a construction approved by the Committee.

15. Noise

(a) An Owner shall not make or permit any noise likely to interfere in any way with the peaceful enjoyment of any other Owner or Occupier or of any person lawfully using the Common Property. In particular, an Owner shall not hold or permit to be held any social gathering in their Lot which would cause any noise which unlawfully interferes with the peace and quietness of any other Owner or Occupier, at any time of day or night and in particular shall comply in all respects with the Noise Abatement Act 1979 and the Environmental Protection (Noise) Policy 1997, as amended.

(b) In the event of any unavoidable noise in a Lot at any time, the Owner shall take all practical means to minimise annoyance to other Owners or Occupiers by closing all doors, windows and curtains of their Lot and also such further steps as may be within their power for the same purpose.

(c) Invitees leaving after 11.00pm shall be requested by their hosts to leave quietly. Quietness also shall be observed when an Owner or Occupier returns to or leaves their Lot after 10.00pm and before 7.00am.

(d) An Owner shall not operate or permit to be operated within their Lot or any part of the Common Property any radio, two way radio, short wave radio, transmitter, telecommunications device or electronic equipment so as to interfere with any domestic appliance or apparatus (including a radio or television receiver) lawfully in use upon the Common Property or in any other Lot.

16. Use of Lots

An Owner shall not use that Lot or permit the same to be used otherwise than as a residence, except for the Building Manager's Lot which may be used in accordance with by-law 40 and save and except the Original Owner who may use or cause to be used any Lot in accordance with by-law 32, nor for any purpose that may cause a nuisance or hazard or for any illegal or immoral purpose or for any other purpose that may endanger the safety or good reputation of persons residing within the Development.

17. Infectious Diseases

In the event of any infectious disease which may require notification by virtue of any Statute, Regulation or Ordinance happening in any Lot, the Owner of such Lot shall give written notice thereof and any other information which may be required relative thereto to the Committee and shall pay to the Committee the expenses incurred by the Committee of disinfecting the Lot and any part of the Common Property required to be disinfected and replacing any articles or things the destruction of which may be rendered necessary by such disease.

18. Alteration to Lots and Common Property

(a) An Owners of a Lot must not without the Committee's written approval make a change to the internal appearance or structure of the Lot at any time.

(b) An Owner of a Lot must not without the Committee's written approval and any conditions imposed by the Committee remove or install any hard floor surfaces unless it achieves a minimum field impact isolation class of 55 under relevant Building Code Regulations and is suitably acoustically treated.

(d) An Owner of a Lot shall not construct or permit the construction or erection of any fence, pergola, screen, awning or other structure or outbuilding of any kind within or upon a Lot or on Common Property without the approval in writing of the Committee.

(e) Any alteration made to the Common Property or any fixture or fitting attached to the Common Property by an Owner or Occupier, whether made or attached with or without the approval of the Committee, shall, unless otherwise provided by resolution of a general meeting or of a meeting of the Committee, be repaired and maintained by that Owner of which the aforesaid Owner was such Owner.

(f) There shall be no external structural alterations or extensions or repainting to a Lot without written approval of the Committee. An Owner shall submit to the Committee all plans and specifications for any such structural alteration or extension.

(g) An Owner shall not alter the external colour scheme of their Lot without the written approval of the Committee pursuant to a resolution of a meeting of the Body Corporate. In giving such approvals, the Committee shall ensure so far as practicable that the external colour scheme used in all Lots presents a uniform appearance when viewed from Common Property or any other Lot and complies with the Decision Notice.

19. Window Coverings I Tinting

An Owner shall not install, remove or replace any window coverings (including without limitation, a shutter, curtain, curtain backing, blind or window tinting) unless the colour and design has the written approval of the Committee. In giving such approvals, the Committee shall ensure so far as practicable that curtain backing and window tinting used in all Lots presents a uniform appearance when viewed from Common Property or any other Lot.

20. Maintenance of Lots

(a) An Owner shall be responsible for the maintenance of their Lot and shall ensure that their Lot is so kept and maintained as not to be offensive in appearance to any other Owner of Occupier through the accumulation of excess rubbish or otherwise.

(b) All Lots are to be so maintained as to prevent the excessive growth of grass and other vegetation making Lots unsightly, increasing fire risks or contributing to the spread of noxious weeds to other Lots.

(c) The Body Corporate shall be responsible for the care and maintenance of the garden area between the front of the Building created on each Lot and the Common Property adjoining the roadway to ensure uniformity of appearance of all Lots within the Development.

21. Security for Lots

(a) An Owner or person authorised by him is permitted to install:-

(i) any locking or other safety device for protection of their Lot against intruders; or

(ii) any screen or other device to prevent entry of animals or insects upon their Lot,

provided that the locking or other safety device or, as the case may be, screen or other device is constructed in a workmanlike manner, is maintained in a state of good and serviceable repair by the Owner and does not detract from the amenity of the Building. All doors and windows to the premises shall be securely fastened on all occasions when the premises are left unoccupied and the Committee reserves the right to enter and fasten same if left insecurely fastened.

(b) The Committee may install a security system or systems in the Building including implement security procedures and security equipment designed to prevent unauthorised entry to the Building.

The Committee may operate the security system itself or delegate that responsibility to someone else or retain someone else to operate the security system (including the Building Manager).

(c) Owners and Occupiers of a Lot must comply with the security systems and must not do anything that may detrimentally affect a security system or its operation.

(d) Owners and Occupiers shall ensure any Common Property doors or opening devices are securely fastened and locked as appropriate (subject to any fire safety regulations).

(e) The Body Corporate is not liable for any loss or damage suffered to persons or property because:-

(i) the security system fails or there is unauthorised entry to any part of the Common Property; or

(ii) the security system is not operating.

(b) An Owner shall not disclose to any person other than any other person residing in the Development with the authority of the Owner or Occupier, the security code (if any) advised from time to time to the Owner or Occupier by the Body Corporate for the security gate (if any) erected at the entrance to the Development.

22. Replacement of Glass

Windows shall be kept clean and promptly replaced by the Owner of that Lot at their expense with fresh glass of the same kind and weight as at present if broken or cracked. This by-law does not prohibit an Owner from making a claim on the Body Corporate insurance.

23. Taps

An Owner shall not waste water and shall see that all water taps in their Lot are promptly turned off after use. Should the Lot be unoccupied for a period of more than a month, then the stopcock on the hot water system must be turned off.

24. Water Closets and Conveniences

The water closets and conveniences and other water apparatus including waste pipes and drains shall not be used for any purposes other than those for which they were constructed and no sweepings or rubbish or other unsuitable substance shall be deposited therein. Any damage or blockage resulting to such water closets, conveniences, water apparatus, waste pipes and drains from misuse or negligence shall be borne by the Owner whether the same is caused by their own actions or their Invitees or Occupiers.

25. Behaviour of Invitees

(a) An Owner shall take all reasonable steps to ensure that their Invitees do not behave in a manner likely to interfere with the peaceful enjoyment of any other Owner or Occupier or of any person lawfully using Common Property.

(b) An Owner shall be liable to compensate the Body Corporate in respect of all damage to the Common Property or personal property vested in it caused by such Owner or their Invitees or Occupiers.

(c) An Owner of a Lot which is the subject of a lease or licence agreement shall take all reasonable steps, including any action available to them under any such lease or licence agreement, to ensure that any Occupier or their Invitees comply with the provisions of the by-laws.

(d) The duties and obligations imposed by these by-laws on an Owner shall be observed not only by the Owner but also by the Occupiers and the Owner's Invitees.

(e) Where the Body Corporate expends money to make good damage caused by a breach of the Act or of these by-laws by any Owner or Occupier or Invitees or any of them, the Committee shall be entitled to recover the amount so expended as a debt in any action in any Court of competent jurisdiction from the Owner at the time when the breach occurred.

26. Notice of Defect

An Owner shall give the Committee and/or the Building Manager prompt notice of any accident to or defect in the water pipes, gas pipes, electric installations or fixtures on their Lot or any part of the Common Property which comes to their knowledge and the Committee shall have authority by its agents or servants in the circumstances having regard to the urgency involved to examine or make such repairs or renovations as it may deem necessary for the safety and preservation of the Development and improvements contained within it as often as may be necessary.

27. Duties of the Body Corporate

(a) The Body Corporate shall ensure that the overall appearance of the Development shall remain uniform and as such will perform the duty of the Owners to repaint the external surfaces of all Buildings requiring such repainting situated within the Development and will ensure that all such external surfaces are kept in a state of good repair and reasonable wear and tear, not unlike the duties of a Body Corporate constituted by the registration of a building format plan.

All expenses incurred as a result of this by-law shall be paid from funds contributed to the sinking fund.

(b) Authority to expend funds in excess of the prescribed amount pursuant to the Act to perform work required by this by-law may be given to the Committee by an ordinary resolution of the Body Corporate at a general meeting to which at least two quotations for the performance of this work have been tabled for consideration.

(i) In addition to insurance effected pursuant to the Act, the Body Corporate shall insure and keep insured all Buildings within the Development and any improvements thereon under a damage policy to the reinstatement or replacement value thereof.

(ii) The Body Corporate shall effect and keep current in respect of all improvements made in the Development, property damage insurance in the joint names of those persons recorded from time to time on the roll as Owners of the Lots in the Scheme in an amount nominated by the Body Corporate in a general meeting from time to time. Such insurance shall be taken out with a reputable insurance company and shall cover the rebuilding and/or repair of the Buildings due to damage and destruction by fire, storm, tempest, explosion or any other occurrence usually provided for in such insurance cover.

(iii) All insurance premiums payable by the Body Corporate under this by-law shall be paid from funds contributed to the Administrative Fund.

(iv) An Owner shall be responsible for the insurance of Owners fixtures as defined in the Act including all electrical equipment, carpets, drapes and improvements within their Lot.

(i)

28. Use of Swimming Pool

(a) A swimming pool and surrounding areas ("Swimming Pool Area") are located on the Common Property and are intended to be used for the purposes of a swimming pool and associated community and recreational purposes by Owners and Occupiers and their Invitees. The Body Corporate shall be responsible for the maintenance of and operating costs of the Swimming Pool Area.

(b) The rules for use of the Swimming Pool Area located on the Common Property are as follows:-

(i) the Swimming Pool Area may only be used between the hours of 7.00am and 9.00pm or as otherwise determined by the Committee;

(ii) the Swimming Pool Area may only be used by an Owner or Occupier and their Invitees accompanied by the Owner or Occupier;

(iii) glass items must not be taken within the Swimming Pool Area;

(iv) the gates surrounding the Swimming Pool Area must be closed immediately after entry or exit;

(v) alcoholic beverages are not taken to or consumed within the Swimming Pool Area;

(vi) there is to be no smoking within the Swimming Pool Area;

(vii) children below the age of thirteen (13) years are not permitted within Swimming Pool Area unless accompanied by an adult Owner or Occupier exercising effective control over them;

(viii) persons must not allow an animal within the Swimming Pool Area;

(ix) Owners or Occupiers and their Invitees shall exercise caution at all times and shall not run or splash or behave in any manner that is likely to interfere with the use and enjoyment of the Swimming Pool Area by other persons;

(x) people using the Swimming Pool Area must use it only for its intended purposes, keep it clean and not leave it in an untidy or littered state;

(xii) the Body Corporate has the power to pass and change rules setting minimum dress standards for people in the Swimming Pool Area.

(d) In addition to the rules set out in sub-section (b), the Committee may implement any further rules in relation to the Swimming Pool Area as it deems appropriate.

29. Maintenance of Swimming Pool

An Owner shall 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 the same.

30. Use of Barbecue Area

(a) A barbeque and associated facilities ("Barbeque Area") are located on the Common Property and are intended to be used for the purposes of a barbeque and associated community and recreational purposes by Owners and Occupiers and their Invitees. The Body Corporate shall be responsible for the maintenance of and operating costs of the Barbeque Area.

(b) The rules for use of the Barbeque Area located on the Common Property are as follows:-

(i) the Barbeque Area may only be used between the hours of 9.00am and 7.00pm or as otherwise determined by the Committee;

(ii) the Barbeque Area may only be used by an Owner or Occupier and their Invitees accompanied by the Owner or Occupier;

(iii) No use shall be made of the Barbecue Area which involves damage, inconvenience or nuisance to any Owner or Occupier or Invitee nor which causes damage to the surface, fixture or fittings of the Barbecue Area;

(iv) alcoholic beverages are not taken to or consumed within the Barbeque Area;

(v) there is to be no smoking within the Barbeque Area;

(vi) persons must not allow an animal within the Barbeque Area;

(vii) people using the Barbeque Area must use it only for its intended purposes, keep it clean and not leave it in an untidy or littered state.

(d) In addition to the rules set out in sub-section (b), the Committee may implement any further rules in relation to the Barbeque Area as it deems appropriate.

31. Exclusive Use - Authorised Allocations

(a) The Original Owner is authorised to allocate for the exclusive use to the rights and enjoyment of or other special rights about Common Property and Body Corporate Assets for the purposes of this By-Law and section 171(1)(b)(i) of the BCCM Act ("Authorised Allocations")

(b) The Authorised Allocations may be made at any time during the "base allocation period" as that term is defined in Section 174(2)(a) of the BCCM Act.

(c) The Authorised Allocations are effected by the Original Owner giving details of the allocations to the Body Corporate including:-

(i) the Lot to which the allocation will attach;

(ii) the area of the Common Property or Body Corporate asset allocated; and

(iii) the Purpose of the allocation.

(d) If a notification of an Authorised Allocation is made, the Body Corporate must comply with the Provisions of Section 175 of the BCCM Act in relation to lodging a request to record a new community management statement

(e) In this By-Law, "Purposes" means:-

(i) car parking purposes;

(ii) storage area purposes;

(iii) courtyard area purposes;

(iv) balcony area purposes;

(v) bicycle parking spaces;

(vi) air-conditioning unit keeping purposes;

(vii) antenna and communication devices keeping purposes;

37. Copy of By-Laws to be Produced Upon Request

Where any Lot or Common Property is leased or rented, otherwise than to an Owner, the lessor or landlord shall upon the request of the lessee or tenant produce or cause to be produced to the lessee or tenant for their inspection a copy of these by-laws for the time being in force in respect of the Development.

38. Power of Committee

The Committee may make rules relating to the Common Property and in particular in relation to the Swimming Pool Area, Barbecue Area or any other facilities provided, not inconsistent with these by-laws and the same shall be observed by the Owners or Occupiers and their Invitees unless and until they are disallowed or revoked by a majority resolution at a general meeting of the Body Corporate.

39. Recovery of Costs

An Owner shall pay on demand the whole of the Body Corporate costs and expenses (including solicitor and own client costs), which amount shall be deemed to be a liquidated debt due, in recovering all and any levies or moneys duly levied upon such Owner by the Body Corporate pursuant to the Act. Where the Body Corporate expends money to make good damage caused by a breach of the Act or of these by-laws by any Owner or Occupier or their Invitees or any of them, the Committee shall be entitled to recover the amount so expended as a debt in an action in any Court of competent jurisdiction from the Owner of the Lot at the time when the breach occurred.

(a) Interest

If a contribution levied under the Act is unpaid thirty (30) days after it falls due for payment, then the amount of the unpaid contribution will bear interest at an annual rate to be determined by the Committee from time to time. If no such resolution has been made, then at a rate of 2% per month or any part thereof.

(b) Joint Liability

If, at the time a person becomes the Owner of a Lot, another person is liable in respect of the Lot to pay interest on a contribution, the Owner is jointly and severally liable with the other person for the payment of the interest.

The amount of any interest is recoverable by the Body Corporate as a liquidated debt.

40. Management of the Common Property and Special Privileges Use of Common Property

(a) The Building Manager's Lot may be used for residential purposes and for the purposes of management of the Scheme and for the letting of Lots in the Scheme on behalf of the Owners and the rendering of such other services to Owners and Occupiers as are authorised in writing by the Body Corporate.

(b) The Owner or Occupier of the Building Manager's Lot may without the consent of the Committee display signs or notices for the purposes of offering for lease or for letting any Lot in the Scheme in or about the Common Property for the purposes aforesaid.

(c) The Body Corporate may grant to the Owner or Occupier of the Building Manager's Lot the right to carry on the business of letting of Lots in the Scheme within the Development and for that purpose shall enter into from time to time an appropriate agreement on such terms and conditions as the Body Corporate may deem fit.

(d) For as long as there is in existence an agreement with the Body Corporate for a Building Manager to provide services for the control, management and administration of the Common Property (a "Caretaking Agreement") and/or an agreement for a Letting Agent to provide letting and ancillary services to such Owners or Occupiers who wish to avail themselves of such services (a "Letting Agreement") then:-

(i) The Body Corporate will not itself, directly or indirectly, provide any of the services set out in the Caretaking Agreement and/or Letting Agreement;

(ii) The Body Corporate will not enter into with any other person or entity an agreement similar to the Caretaking Agreement and/or Letting Agreement;

(iii) The Building Manager and/or Letting Agent will be entitled to erect or display signs or notices in or on the Common Property advertising any of the services it provides pursuant to the Caretaking Agreement and/or Letting Agreement;

(iv) The Body Corporate confers on the Building Manager and/or Letting Agent special privileges in respect of the whole of the Common Property to use same in connection with the business carried out pursuant to the Caretaking Agreement and/or Letting Agreement;

(v) The Body Corporate must not grant to any other person or corporation the right to conduct any business of a similar nature to the letting business from within the Development nor must the Body Corporate (or any of its members individually) directly or indirectly conduct or attempt to conduct any business of a similar nature to the letting business from within the Development; and

(vi) The Body Corporate must not make any part of the Common Property available to any person or corporation for the purpose of conducting a letting business;

(vii) The Building Manager shall have an occupation authority to use all that part of the Common Property marked areas # and # and identified on plan marked Annexure 3 for use of and incidental to the performance of its duties as Building Manager. The Building Manager must at all times keep such areas in a clean and tidy condition. The use shall be subject to the Building Management Statement;

(viii) The Body Corporate may further grant to the Building manager an occupation authority to occupy and area of Common Property for use of and incidental to the performance of his duties as the Building manager.

(e) The Body Corporate may use or authorise the use of appropriate parts of the Common Property to store equipment used for the performance of the Body Corporate's duties pursuant to the Act in respect of any Common Property. These areas may be locked and access prohibited without the authority of the Body Corporate.

41. Restricted Access Areas

The Body Corporate must ensure that any parts of the Common Property used for:-

(a) electrical substations or control panels; or

(b) fire service control panels; or

(d) swimming pool pump room; or

(e) other services to the Lots and Common Property,

are kept locked unless there is a legal requirement to the contrary. Owners or Occupiers of a Lot may not enter or open or tamper with such areas without the consent of the Body Corporate.

42. Intentionally Deleted

43. Moving of Furniture

An Owner shall give at least twenty-four (24) hours notice to the Body Corporate or its representative before any furniture, fittings or equipment may be moved in or out of any Lot. Any such moving must be done in a manner and at the time directed by the representative of the Body Corporate PROVIDED THAT nothing restricts the movement of such items if they can be safely and adequately moved by one person and are of a nature such that damage cannot be occasioned to any items of Common Property or of property belonging to the Owner of any other Lot. The cost to repair any damage resulting from such movement shall be borne by the Owner.

44. Gold Coast City Council Conditions

44.1 The Development Approval issued by the Gold Coast City Council in relation to the Scheme Land shall be complied with by the Body Corporate, the owners and occupiers of each Lot including but limited to:

(a) the use of the community recreational building, playground and pool areas is restricted to the day time and evening hours between 7.00 a.m. and 10.00 p.m.;

(b) the Body Corporate shall ensure that a flood evacuation management plan is included in the development and that the Body Corporate is responsible to provide appropriate evacuation services for the residents during major flood events;

(c) the Body Corporate is to monitor the Weather Bureau and SES reports in relation to possible flooding and provide timely and adequate advice of such reports to all occupants of the site;

(d) the development shall ensure no additional burden on SES and Council's emergency services during the major flood events; and

(e) prior to commencement of use of the site, a caveat shall be applied to the rates card of each property/unit notifying owners that the property does not have flood free access during major flood events and the site may be subject to inundation during major storm events.

45. Energy Supply

(a) If permitted by relevant legislation governing the supply of electricity and/or gas ("Energy") the Body Corporate may:-

(i) establish and maintain an electricity supply system and/or gas supply system ("System") for the Development; and

(ii) as an on-supplier:-

(1) purchase Energy from an Energy supplier; and

(2) on-supply Energy to Owners.

(b) The Body Corporate may enter into agreements, contracts, licences, leases or other arrangements of any nature in connection with:-

(i) the supply of Energy to the Body Corporate by an Energy supplier;

(ii) the on-supply of Energy to Owners;

(iii) service infrastructure uses in connection with the System,

including, without limitation, agreements contemplated by the Regulation Module for the Scheme setting out the basis on which charges are made for supply of Energy and the recovery of the costs to the Body Corporate of supplying that service.

(c) The Body Corporate must calculate charges for Energy supply to Owners only as permitted under the relevant legislation governing on-supply or, if there is not applicable legislative provision, levy charges only to the extent required to ensure that the Body Corporate complies with its obligations to recover the costs of supplying the service to Owners.

(d) If the Body Corporate charges Owners a tariff rate for the supply of Energy which is higher than the rate at which the Body Corporate purchases Energy from the supplier, any surplus funds generated in the hands of the Body Corporate as a result must be applied by the Body Corporate to its administrative fund in reduction of liabilities of the Body Corporate and, in this way, for the benefit of the Owners.

(e) If the Body Corporate operates and maintains a System under this by-law, it may:-

(i) enter into agreements with Owners for the supply of Energy through the System, setting out the terms on which the Body Corporate will charge for the provision of services under the System and recover the costs of providing that service (as required by the Act and the Regulation Module for the Scheme) including charges for:-

(1) Energy supply;

(2) installation and connection to the System;

(3) servicing and maintenance of the System to the extent it is utilised in the provision of the service to a particular Owner;

(4) disconnection and reconnection fees;

(5) advance payments or security deposits to be provided in connection with Energy supply through the System.

(ii) establish the basis of Energy charges for those Owners which are not supplied by separate meter (if any) and for any Common Property based on an estimate of consumption taking into account the number and type of fittings, points, installations, plant and equipment, and appliances and the use to which those are put by the relevant Owner or the Body Corporate;

(iii) establish a system of accounts and invoices in connection with the supply of Energy through the System and render those accounts to Owners as appropriate;

(iv) recover any amounts when due and payable from any Owner under applicable accounts rendered and if an account is unpaid by the due date:

(1) recover any unpaid amount as a liquidated debt;

(2) recover interest on any unpaid account;

(3) disconnect the supply of Energy to the relevant Owner;

(4) charge a reconnection fee to restore Energy supply to that Owner;

(5) increase the advance payment or security deposit for Energy supply to the relevant Owner.

(f) The Body Corporate is not liable for any loss or damage suffered by any Owner as a result of any failure of the supply of Energy due to breakdowns, repairs, maintenance, strikes, accidents or any other causes affecting the System.

(g) The Body Corporate is not required to supply any Owner with Energy to any greater extent than the authority from which the Body Corporate obtains supply could provide at any given time.

(h) Each Owner must:-

(i) allow the Body Corporate and its agents, contractors, or employees access to any service infrastructure used in connection with Energy supply under the System;

(ii) comply with all requirements of the Body Corporate imposed in connection with Energy supply through the System;

(iii) maintain any service infrastructure used in connection with the System and which is located in or on a Lot and which is used in connection with Energy supply under the System.

(i) Nothing in this by-law obliges an Owner to purchase Energy from the Body Corporate or limits or restricts the rights of any Owner to utilise service infrastructure under any implied easement or other right contained in the Act or other applicable legislation.

46. Bulk Supply of Utilities

The Body Corporate may at its election supply or engage another person to supply utilities in the Land and in such case the following will apply:-

(a) "Utility" means: water (portable and non-portable), telecommunications, cable TV and the like;

(b) the Body Corporate has the power to enter into a contract for the purchase of reticulated Utility, on the most economical basis, for the whole of the Land from the relevant Authority;

(d) each Owner or Occupier must purchase and use all Utility consumed in the Owner's or Occupier's Lot direct from the Body Corporate and must not purchase Utility from any other source;

(e) the Body Corporate is not required to supply to any Owner or Occupier Utility requirements beyond those requirements which the relevant Authority could supply at any particular time;

(f) the Body Corporate may charge for the services (including for the installation of, and the costs associated with, utility infrastructure for the services) but only to the extent necessary for reimbursing the Body Corporate for supplying the services;

(g) the Body Corporate may render accounts to each Owner or Occupier and such accounts are payable to the Body Corporate within fourteen (14) days of the delivery of such accounts;

(h) in respect of an account which has been rendered pursuant to this by-law, then an Owner or Occupier is liable, jointly and severally with any person who was liable to pay that account when the Owner or Occupier became the Owner or Occupier of that Lot;

(i) in the event that a proper account for the supply of reticulated Utility is not paid by its due date for payment, then the Body Corporate is entitled to:-

(i) recover the amount of the unpaid account or accounts (whether or not a formal demand has been made) as a liquidated debt due to it in any Court of competent jurisdiction; and/or

(ii) disconnect the supply of reticulated Utility to the relevant Lot;

U) the Body Corporate is not, under any circumstances whatsoever, responsible or liable for any failure of the supply of Utility due to breakdowns, repairs, maintenance, strikes, accidents or causes of any class or description;

(k) the Body Corporate may, from time to time, determine a security deposit to be paid by each Owner or Occupier who is connected to the supply of the reticulated Utility as a guarantee against non-payment of accounts for the supply of the reticulated Utility.