By-Laws

Please refer to the PDF for a complete set of By-Laws.

Partial extracts from PDF document. This is work in progress and may not be complete. For a complete and up to date list of bylaws, either look at your purchasing contract, contact the strata manager or retrieve a copy from the authorities.

1. NOISE

1.1 An owner or occupier of a lot must not create any noise on the parcel 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 VEHICLES - REPEALED 17/6/2009 & REPLACED WITH NEW BY-LAW 2 AS

DETAILED BELOW.

2. BEHAVIOUR OF INVITEES

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.

3. DESTRUCTION OF COMMON PROPERTY

3.1 An owner or occupier of a lot must not obstruct the lawful use of common

property by any person.

4. DAMAGE TO LAWNS AND PLANTS ON COMMON PROPERTY

4.1 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 the

common property.

5. DAMAGE TO COMMON PROPERTY

5.1 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 the

common property without the approval In writing of the owners corporation.

5.2 An approval given by the owners corporation under by-Iaw 5.1 cannot authorise

any additions to the common property.

5.3 This by-Iaw does not prevent an owner or person authorised by an owner from

installing:

(a) any locking or other safety device for protection of the owner's lot

against intruders, or

(b) any screen or other device to prevent entry of animals or insects on

the lot, or

5.4 Any such locking or safety device, screen, other device or structure must be

installed in a competent and proper manner in accordance with all building and

fire regulations and must have an appearance, after It has been installed, in

keeping with me appearance of the rest of the building.

5.5 Despite section 62, the owner of a lot must maintain and keep in a state of good

and serviceable repair any installation or structure referred to in by-Iaw 5.3 that

forms part of the common property and that services the lot.

6. BEHAVIOUR OF OWNERS AND OCCUPIERS

6.1 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.

7. CHILDREN PLAYING ON COMMON PROPERTY IN BUILDING

7.1 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.

8. BY-LAW REPEALED 17/6/2009 AND REPLACED WITH SPECIAL BY-LAW 8.

SPECIAL BY-LAW NO. 8 - PARKING OF VEHICLES

PART 1

GRANT OF POWER

In addition to the powers, authorities, duties and functions conferred by or

imposed on the Owners Corporation pursuant to the Act, the Owner Corporation

shall have the following additional powers, authorities, duties and functions in

relation to car parking in the Scheme subject to the conditions under Part 3 of

this by-law:

(a) The power to regulate the use of the Common Property and the

Visitor Parking Area for parking of motor vehicles;

(b) The power to erect signs in the Visitor Parking Area from time to

time; and

accordance with any Signs erected by the Owners Corporation from

time to time.

PART 2

DEFINITIONS & INTERPRErATION

In this by-law, unless the context otherwise requires:

(a) Act means the Strata Schemes Management Act 1996.

(b) Authority means any government, semi-government, statutory,

public or other authority having any jurisdiction over the Lot or the

Building including the C0uncil.

Munderah Street, Wahroonga in the State of New South Wales.

(d) Building Manager means a person or corporation appointed by the

' Owners Corporation as either a caretaker or on site residential

manager.

(e) Council means Ku-ring-gai Council.

(f) Lot means any lot in strata plan 79293.

(g) chpier has the meaning given to it under the Act.

(h) Owner means the owner of the Lot.

(l) Owners Corporation means the owners corporation created by the

registration of strata plan registration no. 79293. and the executive

committee of strata plan 79293.

(1) Parking Fee means a fee of $100.00 per hour or some other amount

determined from time to time

(k) Scheme means the strata scheme relating to strata plan number

79293.

(I) Signs means signs displayed In or around the Visitor Parking Area

advising:

i. parking restrictions; ii. standing limitations; or

iii. any other directions relating to the control of visitor‘s

parking and the Visitor Parking Area.

(m) Visitor means a bona ﬁde guest or invitee but does not include

occupiers.

(n) Visitor Parking Area means any area designated for parking in the

Scheme not comprising part of the Lot.

2.1 In this by-Iaw, unless the context otherwise requires:

(a) the singular includes plural and vice versa;

(b) any gender includes the other genders;

deﬁned in the Strata Schemes Management Act, 1996; and

(d) references to legislation include references to amending and

replacing legislation.

2.2 Where a term of this by-Iaw contradicts the strata schemes by-Iaws ﬁled with

Strata Plan No. 79293 then this by-raw will prevail to the extent of that

contradiction.

2.3 The owners corporation confers its powers, duties and functions under this by law

on to the executive committee.

2.4 A reference to the owners corporation in paragraphs 3.1 to 3.18 is taken to mean

the executive committee of strata plan 79293.

PART 3

CONDITIONS

3.1 The Owner or Occupier of a Lot shall not park or stand, or allow to park or stand,

a motor or other vehicle upon the common property and in the Visitor Parking

Area at any time, except with the written approval of the Owners Corporation.

3.2 The Owner or Occupier of a Lot shall not permit any Visitor to park or stand, or

allow to park or stand, a motor or other vehicle upon the common property

(excluding the Visitor Parking Area and in accordance with this by-law) at any

time.

3.3 The Owners Corporation must not unreasonably withhold its approval to the

parking or standing of a motor vehicle on the common property or the Visitor

Parking Area under clause 3.1.

3.4 A Visitor may park a motor vehicle in the Visitor Car Parking for a consecutive

period of up to eight (8) hours at any one time.

3.5 Notwithstanding clause 3.4, an Owner or Occupier may apply to the Owners

Corporation (or executive committee) to request that any Visitor be allowed to

exceed the eight (8) hour parking limit up to a maximum of fourteen (14)

consecutive days and that no more than two (2) applications (for fourteen (14)

consecutive days) can be submitted by an Owner or Occupier in any calendar

year.

3.6 Any determination or approval made by either the Owners Corporation or

executive committee concerning the parking of motor of other vehicles on

common property and in the Visitor Parking Area Is at their absolute discretion

and may incur a Parking Fee.

3.7 Notwithstanding clause 3.6, where any Owner or Occupier (or their Visitor) parks

a vehicle without approval of the Owners Corporation as contemplated under this

by-law then that Owner or Occupier will be deemed to have accepted to pay the

Parking Fee for the period that the vehicle remains on the common property or

the Wsitor Parking Area as the case may be.

3.8 The Visitor Car Parking is to be maintained free of obstruction and is for the

exclusive use of bona ﬁde visitors and invitees.

3.9 The Owner or Occupier of a Lot shall not repair, or allow to be repaired, a motor

or other vehicle upon the Visitor Parking Area at any time, except with the prior

written consent of the Owners Corporation.

3.10 The Owner or Occupier of a Lot shall not repair, or allow to be repaired, a motor

or other vehicle upon the common property (excluding the Visitor Parking Area In

accordance with clause 3.9) at any time, except with the written approval of the

Owners Corporation.

3.11 The Owner or Occupier of a Lot must not permit any employee, contractor,

tradesperson, removalist or the like to:

(a) park or stand a motor or other vehicle upon the visitor parking area

for a period exceeding two hours; or

(b) repair a motor or other vehicle upon the Visitor Parking Area

without prior written consent of the Owners Corporation.

3.12 The Owners Corporation has the power to:

(a) determine whether any Owner or Occupier (or their Visitor) who

parks a vehicle without approval of the Owners Corporation as

contemplated under this by-Iaw may be issued with a Parking Fee

for the period that the vehicle remains on the common property or

the Visitor Parking Area as the case may be.

3.13 An Owner or Occupier:

(a) must comply with any approval or directions of the Building

Manager or the Owners Corporation given under this by—law;

(b) must ensure that any Visitor complies with this by-law;

on the common property or the Visitor Parking Area as the case

may be in contravention of this by-taw that that Owner, Occupier or

Visitor consents to incurring a Parking Fee.

((1) agrees that they are responsible for their Visitors and liable for any

cost of a Parking Fee that may be incurred by their Visitors parking

in contravention of this by-law.

3.14 Any payment required by the Owners Corporation in accordance with this by-law

becomes due and payable to the Owners Corporation in accordance with the

decision of the Owners Corporation to require that payment.

3.15 Any payment required from an Owner or Occupier may be recovered in a Court or

Tribunal of competent jurisdiction as a debt.

3.15.1 The Owners Corporation may levy a payment as a charge on an Owner of a Lot

by serving written notice of the charge payable by that Owner on that Owner.

3.15.2 A charge if not paid at the end of one month after it becomes due and payable

bears until paid simple interest at an annual rate of ten percent (10%).

3.16 The Owners Corporation may recover, as a debt 3 charge not paid at the end of

one month after It becomes due and payable together with any interest payable

and the expenses of the Owners Corporation incurred in recovering those

amounts.

3.17 A charge it not paid at the end of one month after it becomes due and payable

bears until paid simple interest at an annual rate of ten percent (10%).

3.18 The Owners Corporation may recover, as a debt a charge not paid at the end of

one month after it becomes due and payable together with any interest payable

and the expenses of the Owners Corporation incurred In recovering those

amounts.

9. DEPOSITING RUBBISH AND OTHER MATERIAL ON COMMON PROPERTY

9.1 An owner or occupier of a lot must not deposit or throw on the common property

any rubbish, dirt, dust or other material likely to interfere with the peaceful

enjoyment of the owner or occupier of another lot or of any person lawfully using

the common property.

10. DRYING OF LAUNDRY ITEMS

10.1 An owner or occupier of a lot must not, except with the consent in writing of the

owners corporation, hang any washing, towel, bedding, clothing or other article

on any part of the parcel in such a way as to be visible from outside the building.

11. CLEANING WINDOWS AND DOORS

11.1 An owner or occupier of a lot must keep clean all glass in windows and all doors

on the boundary of the lot, including so much as is common property.

12. STORAGE OF INFLAMMABLE LIQUIDS AND OTHER SUBSTANCES AND

MATERIALS

12.1 An owner or occupier of a lot must not, except with the approval in writing of the

owners corporation, use or store on the lot or on the common property any

inflammable chemical, liquid or gas or other inflammable material.

12.2 This bv-law does not anolv to chemicals. llouids. cases or other material used or

intended to be used for domestic purposes, or any chemical, liquid, gas or the

material in a fuel tank of a motor vehicle or internal combustion engine.

13. MOVING FURNITURE AND OTHER OBJECTS ON OR THROUGH THE

COMMON PROPERTY

13.1 An owner or occupier of a lot must not transport any furniture or large object

through or on common property within the building unless sufﬁcient notice has

first been given to the Executive Committee so as to enable the Executive

Committee to arrange for its nominee to be present at the time when the owner

or occupier does so.

14. FLOOR COVERINGS

14.1 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.

14.2 This by-Iaw does not apply to ﬂoor space comprising a kitchen, laundry, lavatory,

bathroom or an other area that is either parquetry or tiled at the time of the

registration of the strata plan.

15. GARBAGE REMOVAL

15.1 An owner or occupier of a lot:

(a) must maintain within the lot, or on such part of the common

property as may be authorised by the owners corporation, in dean

and dry condition and adequately covered a receptacle for garbage,

(b) must ensure that before refuse is placed in the receptacle it is

securely wrapped or, in the case of tins or other containers,

completely drained,

receptacle within an area designated for that purpose by the owners

corporation and at a time at which garbage is normally collected,

(d) when the garbage has been collected, must promptly return the

receptacle to the lot or other area referred to in paragraph 15.1(a),

(e) must not place any thing in the receptacle of the owner or occupier

of any other lot except with the permission of that owner or

occupier, and

(f) must promptly remove any thing which the owner, occupier or

garbage collector have spilled from the receptacle and must take

such action as may be necessary to clean the area within which that

thing was spilled.

16. KEEPING 0F ANIMALS

16.1 An owner or occupier of a lot must not raise, breed or keep dogs, cats, birds, animals,

livestock or poultry (collectively "Animals") on its lot without the prior written consent of the

owners corporation (permission to not be unreasonably withheld) which consent may be

withdrawn in circumstances where the owners corporation reasonably considers the keeping

of any such animal may interfere with the quiet enjoyment of another lot by its owner or

occupier.

16.2 A lot owner who, when ﬁrst taking possession of its lot, has an animal which is a

pet, may, with the prior written approval of Merlton or the owners corporation,

keep that Animal on its lot but on its death is not entitled to replace that animal

unless consent has been obtained from the owners corporation in accordance with - by-Iaw 16.1.

16.3 Each lot owner and occupier is absolutely liable to each other lot owner and

occupier and their respective guests and invitees, for any unreasonable nuisance,

noise or Injury to any person or damage to property caused by any Animal

brought or kept upon the parcel by the lot owner or occupier or by its invitees.

16.4 Each lot owner and occupier is absolutely responsible to clean up after any Animal

brought or kept upon the parcel by them or their invitees.

17. APPEARANCE OF LOT

17.1 The owner or occupier of a lot must not, without the written consent of the

owners 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.

This Includes the illumination of a lot to a noticeably higher level than that which

exists in the rest of the building.

18. NOTICE BOARD

18.1 The owners corporation must cause a notice board to be afﬁxed to some part of

the common property.

19. CHANGE IN USE OF LOT TO BE NOTIFIED

19.1 An occupier of a lot must notify the owners corporation if the occupier changes

the existing use of the lot in a way that may affect the insurance premiums for

the strata scheme (for example, if the change of use results in a hazardous

activity being carried out on the lot, or results in the lot being used for commercial

or industrial purposes rather than residential purposes).

20. PROVISION OF AMENITIES OR SERVICES

20.1 The proprietor and the occupier of a lot shall maintain the lot in a clean and tidy

condition and free of vermin and, without limiting the generality of this by-Iaw,

shall clean the ﬁlters of any rangehood installed in the lot of grease at least every

three months.

20.2 For the purpose of inspecting the lot, the owners corporation may by its agents,

servants or contractors enter the lot at any reasonable time on notice given to

any occupier of the lot.

21. USE OF LIFTS

21.1 The proprietor or occupier of a lot shall not convey nor allow the conveyance in

the lift of any push bike or surfboard or other object likely to damage or dirty the

interior of the lift.

22. MAINTENANCE OF BUILDING AND COMMON PROPERTY

22.1 The owners corporation in addition to the powers and authorities conferred on it by it by or

under the Strata Titles Act, 1973, The Strata Schemes Management Act 1996 as amended

and these by-laws, shall have the power and duty to:

(a) replace the enclosure of the lifts as required,

(b) paint the outside of the building as required,

(0) replace the carpet in the common property of the building as required,

(d) repaint the inside of the building as required,

(e) replace all fittings in the common property of the building as required,

(f) overhaul and repair all gymnasium equipment as is required,

22.2 Before performing or appointing any person to perform any inspection of the

common property, the owners corporation will, at meeting convened by the

executive committee for which 28 days notice has been given, obtain a special

resolution confirming that the inspection is in the best interests of owners as a

whole. Any proxy instrument exercised must expressly state that the proxy is

authorised to vote on a matter under this by-Iaw 22.2.

23. BY-LAW REPEALED 17/ 06/2009

24. AIR CONDITIONING

24.1 The proprietor of a lot shall any air-conditioning facilities or equipment that are

within the lot and do not form part of the common property, in a state of good

and serviceable repair, and for this purpose shall renew or replace them

whenever necessary.

24.2 Without limiting the generality of this by-Iaw, the proprietor shall have any such

facilities or equipment regularly serviced by a duly qualiﬁed contractor, and the

filters of any such facilities or equipment cleaned every 6 months.

24.3 The proprietor of a lot whose air-conditioning facilities or equipment are not

within their lot but are on the common property may have the right of exclusive

use and enjoyment of that part of the common property necessary for the

purpose of erecting and maintaining air conditioning facilities or equipment for

the proprietor's lot and for that purpose, those proprietors may pass pipes, wires

or other items through common property walls and floors in“ order to facilitate the

operation of the air conditioning facilities or equipment for the proprietor‘s lot.

24.4 Without limiting by law 24.1 or 24.2, in respect of the air conditioning facilities

and equipment under by-Iaw 24.3, the relevant proprietor shall be responsible

for:

(a) proper maintenance and keeping it In a state of good and

serviceable repair,

(b) installation and removal,

(d) making good any damage to the common property caused by

related items such as pipes, wires, bolts or screws, and

(e) electricity expenses of operation and all other expenses arising

directly or indirectly therefrom.

25. FACILITIES

Any registered proprietor of a lot who is not an occupier of a lot shall not be

entitled to use any of the facilities of the owners corporation.

26. COMMERCIAL SIGNS

26.1 The registered proprietor or occupier of a commercial lot shall be entitled to place

on the common property a sign (1 only) advertising the availability of the

commercial premises for sale or lease.

26.2 All commercial signage in the development must be of identical size and

dimensions.

26.3 The owners corporation shall have the right to remove any signage that does not

comply with this by-law.

27. CONSENT To USE

27.1 The registered proprietor or occupier of any of the retail or commercial lot may

use that lot for any lawful use without the prior consent of the owners corporation

provided that all relevant statutory approvals have been obtained.

27.2 The owners corporation must promptly execute and deliver all documents that are

reasonably required by a registered proprietor or occupier to give full effect to

this by-Iaw 27.

28. CARETAKER

28.1 The owners corporation may engage a person (the 'caretaker‘) to have

responsibility in relation to the control, management and administration of the

common property.

28.2 Any agreement with a caretaker (‘caretaker agreement‘) may include terms

relating to the following:

(a) caretaking, supervising and servicing the common property to a

standard consistent with use of lots in the scheme as high class

residential apartments,

(b) supervising the cleaning, repair, maintenance, renewal or

replacement of common property and any personal property vested

in the owners corporation,

including, without limitation, the services of a handy person, room

cleaning and servicing, food and non-alcoholic drink service,

(d) providing a letting, property management and sales service,

(e) supervising owners corporation employees and contractors,

(f) providing cleaning, pool cleaning and gardening services to the

owners corporation,

(9) supervising the strata scheme generally,

(h) anything else reasonably necessary (including granting any consent,

entering into any agreement or executing any document) to assist

the Caretaker perform its duties and exercise its powers in relation

to the control, management and administration of the common

property.

28.3 The owners corporation may provide any consent necessary to, or requested by,

the caretaker, Including:

(a) any consent necessary to enable the caretaker to perform the duties

described in the caretaker agreement,

(b) consent to the caretaker erecting signs in or about the common

property for the purpose of promoting the letting, property

management and sales service of the caretaker,

rights and obligations under the caretaker agreement whether

required by:

(i) the caretaker, or

(ii) the careta ker's financier, or

(d) CLAUSE REPEALED 01/07/2014

28.4 The owners corporatiOn may:

(a) grant any consent given under by-Iaw 28.3 with such conditions as

are reasonably requested by the caretaker,

(b) execute any deed or other document necessary to give effect to a

consent granted under by-law 28.3,

the caretaker,

(d) pay the caretaker the remuneration, fees and other consideration

speciﬁed In the caretaker agreement,

(e) acknowledge that any caretaker or its financier is relying upon the

owners corporation's consent,

(f) grant the caretaker an exclusive right of use and enjoyment, or

special privileges in respect of, the whole or a speciﬁed part of the

common property ('caretaker’s area), provided that:

(i) the caretaker‘s area is the area speciﬁed in a plan:

(A) attached to these by-Iaws,

(8) attached to the caretaker agreement, or

or executive committee and the caretaker,

(Ii) the caretaker is responsible for the maintenance and upkeep

of the caretaker‘s area at its own cost,

(Iii) the owners corporation will pay operating costs in relation to

the caretaker area, and

(iv) this by-law 28.4(f) may only be varied or repealed with the prior

written consent of the caretaker, and

(9) do anything else reasonably necessary (including granting any

consent, entering Into any agreement or executing any document)

to assist the caretaker perform its duties and exercise Its powers in

relation to the control, management and administration of the

common property.

28.5 CLAUSE REPEALED 01/07/2014

28.6 The owner or occupier of a lot must not:

(a) interfere with or obstruct the caretaker from performing the

caretaker's duties under the agreement referred to in this by-law

28, or

(b) interfere with or obstruct the caretaker from using any part of the

common property designated by the owners corporation for use by

the caretaker.

29. LETTING BUSINESSES

29.1 The owner or occupier of each lot (except a lot owned by the caretaker) must not

on any lot or the common property, except with the written consent of the

caretaker (or if there is no caretaker then the owners corporation), conduct or

participate in the conduct of:

(a) the business of a letting agent, or

(b) the business of a pooled rent agency, or

(d) any other business activity that is either:

(i) an activity identical or substantially identical with any of the

services relating to the management, control and administration of

the parcel referred to in by-law 28 and/or any agreement, and/or

(ii) an activity identical or substantially identical with any of the

services provided to owners and occupiers of lots referred to in by-

law 28 and/or any agreement and/or

(iii) an activity identical or substantially identical with any of the services relating to

the letting of Lots referred to In by-law 28 and/or any agreement.

29.2 The owners corporation must not, without the written consent of the Caretaker,

vary or revoke this by-law 29.

30. STOREROOM

30.1 Meriton Apartments Pty Limited ABN 75 000 644 888 ("Meriton") shall have the

following rights in respect of the common property storeroom as indicated on the

strata plan (the 'Storeroom") for a period of 3 years from the date of registration

of the strata plan:

(a) a right of exclusive use and enjoyment of the Storeroom, and

(b) the right to store materials necessary for maintenance works to the

common property and units within the building in the Storeroom.

30.2 Meriton is responsible for the maintenance and upkeep of the Storeroom.

31. ACCESS KEY

31.1 If the owners corporation restricts access to parts of the common property, the

owners corporation may give an owner or occupier of a lot and "access key”. The

owners corporation may charge an owner of a lot a ($50) bond for extra or

replacement access keys. This bond is refunded to the owner on return of the

access key.

31.2 An owner or occupier of a lot must:

(a) take all reasonable steps not to lose access keys,

(b) return all access keys to the owners corporation if they are not

needed or if any occupier of a lot vacates the building,

31.3 An owner of a lot that leases or licenses their lot-must notify the owners

corporation in writing of the name or names of the occupiers of the lot to Whom

an access key has been issued and must include a requirement in the lease or

licence that the occupier of the lot must return the access keys to the owners

corporation when they move our of the building.

31.4 An owner or occupier of a lot must not:

(a) copy an access key

(b) give access keys

31.5 Access keys belong to the owners corporation.

32. BALCONIES

Page 14 of 64 to follow

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39. MAINTENANCE CONTRACTS

39.1 The owners corporation is responsible for the maintenance of the building, including the common property and it must enter into maintenance and service contracts relating to the maintenance of the building ("service contracts") with specialist consultants or contractors.

39.2 Without limiting by law 39.1, the owners corporation must maintain at all times current service contracts in respect of:

(a) mechanical ventilation; (b) air conditioning; (c) hydraulics; (d) lifts; (e) fire safety services; and (f) essential services.

In the building.

39.3 The owners corporation must ensure that the building is regularly inspected, serviced and repaired by specialist consultants or contractors, under service contracts, at intervals considered necessary or prudent by those specialists.

39.4 For a period of 7 years from the date the Strata Scheme is established, the Owners Corporation must upon request by Karimbla Construction Services Pty Ltd ("Builder") or Meriton Apartments Pty Ltd ("the Developer"):

(a) provide coples of the service contracts; (b) provide evidence of the payments made by the owners corporation to the specialist consultants or contractors under the service contracts; and (b) provide evidence of compliance by the owners corporation of by law 39.3;

39.5 For a period of 7 years from the date the Strata Scheme is established, the owners corporation must:

(a) keep the Builder promptly informed of any defects in the building; and (b) not engage any consultant or contractor to investigate or undertake any rectification of defective building work within the building unless the owner's corporation has first provided details of the defects to the Builder and requested the Bullder to rectify the defects and the Builder has refused or failed to rectify the same within a reasonable time.

(to be continued...)