1 Noise
1.1 An owner or occupier of a lot must not create any noise on a lot or the 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 Behaviour of invitees
2.1 An owner or occupier of a lot must take all reasonable steps to ensure that the 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 Obstruction of common property
3.1 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
4.1 An owner or occupier of a lot must not, except with the prior written approval of the owners corporation:
(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 except with the prior written approval of the owners corporation.
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 Special By Law – 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
(c) The authority to direct that all vehicles be parked or stand in accordance with any Signs erected by the Owners Corporation from time to time.
PART 2
DEFINITIONS& INTERPRETATION
2.1 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 Council.
(c) Building means the building/s on the property known as 2c Manderah 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) Occupier has the meaning given to it under the Act.
(h) Owner means the owner of the Lot.
(i) Owners Corporation means the owners corporation created by the registration of strata plan registration no. 79293.
(j) 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.
(l) 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.
2.2 In this by-law, unless the context otherwise requires:
(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 include references to amending and replacing legislation.
2.3 Where a term of this by-law contradicts the strata schemes by-laws filed with Strata Plan No. 79293 then this by-law will prevail to the extent of that contradiction.
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 Visitor 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 areas 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-law 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;
(c) agrees that by parking a vehicle (or allowing a vehicle to be parked) on the common property or the Visitor Parking Area as the case may be in contravention of this by-law that that Owner, Occupier or Visitor consents to incurring a Parking Fee.
(d) 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.
3.16 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.
3.17 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%).
3.18 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 or discarded item except with the prior written approval of the owner’s corporation.
10 Drying of laundry items
10.1 An owner or occupier of a lot must not, except with the prior written approval 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 other than on any lines provided by the owners corporation for the purpose and there only for a reasonable period
11 Cleaning windows and doors
11.1 An owner or occupier of a lot must keep clean all exterior surfaces of glass in windows and doors on the boundary of the lot, including so much as is common property, unless:
(a) the owners 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’
12.1 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 the common property any inflammable chemical, liquid or gas or other inflammable material.
12.2 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
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-law does not apply to floor space comprising a kitchen, laundry, lavatory or bathroom.
15 Garbage disposal
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 owner corporation, in clean and dry condition and adequately covered in 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, completed drained,
C) For the purpose of having the garbage collected, must place the 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 anything in the receptacle of the owner or occupier of any other lot expect with the permission of that owner or occupier, and
F) Must promptly remove anything which the owner, occupier or garbage collector may 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 of 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 lost without the prior written consent of the owners corporation which consent may be withdrawn in circumstance where the owners corporation reasonably considers the keeping of such Animals may interfere with the quiet enjoyment of another lot by its owner or occupier.
16.2 A lot owner, when first taking possession of its lot, has an animal which is a pet, may, with the prior written approval of Meriton or the owners corporation, keep the Animal on its lot but on its death is not entitled to replace animal unless consent has been obtained from the owners corporation in accordance with by-law 16.
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 other 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
The owner or occupier of a lot must not, without the prior written approval 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-law, shall clean the filters of any range hood 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 lift.
22 Maintenance of Building and Common Property
22.1 The owners corporation in addition to the power and authorities conferred on 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 every 8 years,
B) Paint the outside of the building on at least on occasion in every period of 7 years,
C) Replace the carpet in the common property of the building every 7 years,
D) Repaint the inside of the building every 5 years,
E) Replace all the fittings in the common property of the building every 5 years,
F) Repaint and refurbish the pool and pool areas every 4 years,
G) Replace the carpet in the lifts every 3 years, and
H) Reseal the concrete driveways every 3 years,
I) Overhaul and repair all gymnasium equipment every 2 years,
J) Clean all windows and window frames every 6 months.
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-law 22.
23 Pool – Repealed
24 Air Conditioning
24.1 The proprietor of a lot shall maintain any air-conditioning facilities or equipment that are with 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-law, 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 be 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 if exclusive use and enjoyment of that part if 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 proprietor may pass pipes, wires or other items through common property walls and floors in order to facilitate the operation of the air conditioning facilities 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-law 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,
C) Replacement at reasonable intervals or as necessary,
D) making good any damage to the common property caused by relating items such as pipes, wires, bolts, or screws and
E) Electricity expenses of operation and all other expenses arising directly or indirectly there from.
25 Facilities
25.1 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 entitle to place on the common property a sign (1 only) adverting 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 the 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 the registered proprietor or occupier to give full effect to this by-law 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 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 ay personal property vested in the owners corporation,
C) Providing services to the owner corporation, owners and occupiers 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 owner corporation employees and contractors,
F) Providing cleaning pool, cleaning and gardening services to the owners corporation,
G) 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 caretaker erecting signs in ort about common property for the purpose of promoting the letting, property management and sales service of the caretaker.
C) Consent to the mortgage or other encumbrance of the caretaker’s rights and obligations under the caretaker agreement whether required by:
(i) The caretaker, or
(ii) The caretaker’s financier, or
D) Consent to deferring termination of the caretaker agreement until the caretaker of its financier has had the opportunity to remedy the relevant default.
28.4The owners corporation may:
A) Grant any consent given under by-law 28.3 with such conditions are as 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,
C) Agree to vary the caretaker agreement with the written consent of the caretaker,
D) Pay the caretaker the remuneration, fees and other considerations specified in the caretaker agreement,
E) Acknowledge that any caretaker or its financier is relying upon the owners corporations consent,
F) Grant the 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 are specified in a plan:
a) Attached to these by-laws,
b) Attached to the caretaker agreement, or
c) Executed on behalf of either the owners corporation 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 operation costs in relation to the cartaker area, and
(iv) This by-law 28.4 (f) may only be varied or repealed with the prior written consent of the caretaker, and
G) 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.
28.5The owners corporation may not, without prior written consent of any current caretaker:
A) Enter into more than 1 caretaker agreement, or
B) Vary or repeal this by-law,
28.6The owners 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 common property designated by the owners corporation for use by the caretaker.
29 Letting Business
29.1 The owner or occupier of each lot (expect 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
C) The business of onsite Caretaker, 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 agreement, and/or
(ii) An activity identical or substantially identical with any of the services provided to owners and occupier 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 related to the letting of lots referred to in by-law 28 and/or agreement.
(iv)
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 ABM 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 if 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
C) notify the strata manager immediately if an access key is lost.
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 issues 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 out of the building.
31.4 An owner of 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
32.1 An owner or occupier may keep planter boxes, pot plants, occasional furniture and outdoor recreational equipment on the balcony or terrace of their lot, but only if:
A) it will not cause damage, or is not likely to cause damage, or
B) it is not dangerous, a nuisance or a hazard.
32.2 The owners corporation may require an owner or occupier, at its expense to remove items from the balcony or terrace if the appearance of the lot is not keeping with the rest of the building.
32.3 If there are planter boxes on within a terrace or balcony of a lot, the owner or occupier must:
A) properly maintain the soil and plants in the planter boxes, and
B) when watering the plants or planter box, make sure no water enters common property or another lot.
33 Enclose Balconies
33.1 The owner or occupier of a lot must not, without the consent of the owners corporation, place any curtains, vertical blinds or adhesive tinting on any enclosed balcony within the lot.
34 Building Safety
34.1 A registered owner or occupier of a lot must not do or permit anything which may prejudice the security or safety of the building and, in particular must ensure that all fire and security doors are kept locked or secure or in an operational state, as the case may be, when not in immediate use.
35 Commercial Waste
35.1 All owners and occupiers of commercial and retail lots within the strata scheme must dispose of their waste and rubbish in the commercial waste bins.
36 Government Charges
36.1 Should any Government authority impair any rate, tax, charge or levy on the collection of commercial or retail waste, the owners and/or occupiers of the commercial and retail lots shall be responsible for the payment of such contributions.
37 Interpretation
37.1 In these By-laws:
A) a singular word includes the plural and vice versa,
B) a word which suggests one gender includes the other genders, and
C) if a word is defined, another part of speech has a corresponding meaning.
37.2 Where the law requires any by-law to be included in these by-laws, it is included to the extent necessary to comply with that law.
37.3 To the extent that any by-law is inconsistent with any law it is invalid.
38 Litigation
38.1 Any decision for the owners corporation to:
A) Commence
B) Cross claim or counter claim in; or
C) Appeal
Proceedings or an action in any Court, Tribunal or other judicial forum can only be made by a Special Resolution of the owners. This by-law does not apply in respect of any proceedings or action by the corporation to recover arrears of strata levies from an owner.
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 contractors 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 services 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 of the Strata Scheme is established, the owners corporation must upon request by Karimbla Construction Service PTY LTD (“Builder”) or Meriton Apartments PTY LTD (“The Developer”):
A) Provide copies of the service contracts;
B) Provide evidence of compliance by the owners corporation of by by-law 39.;
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 and rectification of defective building work within the Building unless the owner corporation has first provided details of the defects to the builder and requested the Builder to rectify the defects and the Builder has refused or failed to rectify the same within a reasonable time.
40 Overcrowding
40.1 An owner of a lot must not, and an occupier of a lot must not, allow the number of persons who sleep overnight in the lot to exceed the number obtained in accordance with the following formula:
M = 2 X B
Where:
M is the maximum number of people permitted to sleep overnight in the lot inclusive of the owner of a lot or occupier of a lot (as the case may be); and
B is the number of bedrooms in the lot.
40.2 An owner of a lot must include in ay lease or licence or other document which grants rights of occupation to the lot (“Tenancy agreement”) , a clause in the tenacry agreement which has the effect of this by-law.
40.3 By-law 40.1 does not apply to an owner of a lot who actually occupiers the lot and the owner’s immediate family, being the owner’s partner and children.
41 Security
41.1 The owners corporation must engage security personnel to patrol and keep secure the common property outside the usual business hours of the caretaker appointed under by-law 28.
42 Annual Certification
42.1 At each Annual General Meeting the owners corporation shall vote to confirm the engagement of a suitably qualified contractor(s) to undertake:
1. Fire protection maintenance and annual certification:
2. lift maintenance and annual certification:
3. air-conditioning maintenance and annual certification.
43 Compensation to Owners Corporation
The occupier of a lot will be responsible for all costs associated with the repair of common property damaged by an owner, occupier or visitor of the lot. If the occupier fails to meet such costs these costs will be paid by the Owners Corporation and recovered by it from the occupier as a debt due and owing to the Owners Corporation in respect of that lot.
44 – Minor and Major Works to Lots
PART 1
PART 1.1
Grant of Right
(a) Notwithstanding anything contained in the by-laws applicable to the scheme, an Owner has the right to carry out the Works (at the Owner’s cost and to remain the Owner’s fixture) subject to the provisions of Part 3 of this by-law.
(b) An occupier has no right to carry out any Works contemplated by this by-law or otherwise.
(c) The purpose of this by-law is to allow Owners to install the Works within the Lot either affecting or not affecting common property and to regulate their maintenance.
PART 1.2
This by-law to prevail
If there is any inconsistency between this by-law any other by-law applicable to the scheme, then the provisions of this by-law shall prevail to the extent of that inconsistency.
PART 2
DEFINITIONS& INTERPRETATION
2.1 Definitions
In this by-law, unless the context otherwise requires:
(a) “Act” means the Strata Schemes Management Act, 1996 (NSW).
(b) “Approved Form” means the form attached at Annexure “C” or as the executive committee may otherwise approve from time to time.
(b) “Authority” means any government, semi-government, statutory, public or other authority having any jurisdiction over the Lot or the Building including the Council.
(c) “Bond” means the bond being a bank cheque in the amount of $1,000.00 (inclusive of GST) made payable to the Owners Corporation.
(d) “Building” means the building situated at 2C Munderah Street, WAHROONGAH NSW 2076.
(e) “Council” means Ku-Ring-Gai Council.
(f) “Essential Works” means any essential maintenance, repair, replacement, upgrading, or emergency works that the Owners Corporation is required to do under section 65 (1) of the Act or any other law to any part of common property structure or services.
(g) “Insurance” means:
(i) contractors all risk insurance (including public liability insurance) in the sum of $10,000,000;
(ii) insurance required under the Home Building Act, 1989, (if any); and
(iii) workers’ compensation insurance.
(h) “Lot” means any lot in strata plan number 79293.
(i) “Major Works” means works that require penetration to or removal of common property floors, walls and ceilings including works of a structural nature, the installation of air-conditioning, hot water systems, security/alarm systems, security grilles, shutters and any additions to the common property, for example, pergolas and vergolas, whirly birds, solar panels, skylights and satellite dishes, television cables and antennae (and which are not Minor Works).
(j) “Minor Works” means works that do not penetrate any common property walls, ceilings, floor slabs (with exception of screwing internal partitions to the walls, ceilings, floors and minor attachments to common property) including for example painting, replacing carpet.
(k) “Owner” means the owner of the Lot from time to time.
(l) “Owners Corporation” means the owners corporation created by the registration of strata plan registration number 79293.
(m) “Works” means the Minor Works and the Major Works.
2.2 Interpretation
In this by-law, unless the context otherwise requires:
(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 Act;
(d) references to legislation include references to amending and replacing legislation;
(e) reference to the Owner in this by-law includes any of the Owner’s executors, administrators, successors, permitted assigns or transferees; and
(f) references to any Works under this by-law include, where relevant, the condenser, coils, pipes, conduits, wires, flanges, valves, ductwork, caps, pump, tank, tray, insulation and all other ancillary equipment, appurtenance and fittings whatsoever and any obligation under this by-law applies to all such ancillary equipment, appurtenance and fitting.
PART 3
CONDITIONS
PART 3.1
Before commencement
(a) An Owner has the right to carry out Minor Works without the consent of the Owners Corporation provided at least fourteen (14) days’ notice on the Approved Form has been provided to the Owners Corporation together with the Bond, such notice to specify in detail the works to be undertaken and the duration of any impact on the common property or disruption to common property services or access.
(b) Upon receipt of any notice provided under clause 3.1(a), should the Owners Corporation determine (at its absolute discretion), or form the opinion or be advised that the works contemplated are Major Works, then the Owner shall not commence those works without the requisite consent of the Owners Corporation for Major Works under this by-law.
(c) Before commencement of any Major Works, the Owner must give at least twenty (20) business days prior written notice on the Approved Form and, in addition to its obligations under clause 3.1(a):
(i) prepare and provide to the Owners Corporation:
(I) a new by-law under the Act, to amend the definition of “Major Works”, “Lot” and include a definition of “Plans” to cover the specific scope of Major Works to be carried out; and
(II) the Owner’s written consent to:
(A) the passing of the by-law; and
(B) be responsible for the maintenance, repair and replacement of the Major Works,
such by-law and form of consent to be prepared in terms of that set out in Annexures “A” and “B” by a solicitor appointed by the Owners Corporation and to be considered at the next meeting of the Owners Corporation;
(ii) provide a complete proposal concerning the Major Works including but not limited to:
(I) plans and specifications of the proposed works;
(II) specifications for any sound rating, type, size together with the manufacturer’s or suppliers brochure regarding same;
(III) a diagram depicting the location of or proposed installation points of all parts of the works;
(IV) engineering plans and certifications if requested by the Owners Corporation;
(V) any necessary approvals/consents/permits from any Authority; and
(VI) a report(s) from an engineer nominated by the Owners Corporation concerning the impact of the works on the structural integrity of the Building and Lot and common property;
(iii) pay for all costs of the Owners Corporation including:
(I) legal fees for reviewing the proposal;
(II) fee for convening any meeting to consider the proposal;
(III) any other reasonable professional fees required to consider the proposal including strata management fees; and
(IV) registration fees for the by-law contemplated in clause 3.1(c)(i)(I);
(iv) pay a Bond (as reasonably determined by the Owners Corporation). Such Bond to be refunded within sixty (60) days from completion of any Major Works less any costs incurred by the Owners Corporation for or in connection with the carrying out of the Works or breach of this by-law; and
(v) obtain the written consent to commencement of the Works from the Owners Corporation upon satisfaction of its obligations in paragraphs (c)(i) – (iv) above.
(d) Upon receipt of a by-law under clause 3.1(c)(i)(I) the Owners Corporation (or executive committee) will review the proposal and stipulate any relevant conditions to be contained in the exclusive use or special privileges by-law. Such conditions to include (but not be limited to) those set out in clauses 3.2, 3.3, 3.4, 3.5 and 3.6.
PART 3.2
Compliant Works
3.2 To be compliant under this by-law, Major Works:
(a) must be in keeping with the appearance and amenity of the Building in the opinion of the Owners Corporation;
(b) must be manufactured and designed to specifications for domestic use;
(c) for air-conditioning, must have a new condenser unit (external) that:
(i) is mounted on vibration pads in a location so to minimise noise and vibration;
(ii) is installed unobtrusively in a location as approved by the Owners Corporation;
(iii) has an acceptable sound (as specified by the Owners Corporation in writing; and
(iv) has all external piping and electrical work covered with the same style downpipe used for the existing guttering of the Building;
(d) for hard surface flooring, must be insulated with soundproofing underlay as specified by the Owners Corporation for time to time and must achieve a minimum Field Impact Isolation Class (“FIIC”) of Lnw + CI rating of =<58 pursuant to the Australian soundproofing standards for hard surface flooring in residential apartments based on the following standards/tests (or other standards/tests set from time to time):
(i) ISO 140-7: 1998 “Acoustics – measurement of sound insulation in building and of building elements – Part 7: Field measurement of impact sound insulation of floors”; and
(ii) ISO 717-2: 1996 “Acoustics – rating of sound insulation in buildings and of building elements – Part 2 Impact sound insulation”.
PART 3.3
During construction
3.3 Whilst the Works are in progress the Owner of the Lot at the relevant time 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 Australian Building Codes and Standards;
(c) ensure the Works are carried out expeditiously and with a minimum of disruption;
(d) carry out the Works between the hours 8:00am and 4:00pm Mondays-Fridays or between 9:00am and 12: midday on Saturday or at such other times reasonably approved by the owners corporation. No Works are to be carried out on a Sunday or public holiday unless they are silent works (eg painting) and Council permits;
(e) perform the works within a period of one (1) 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 described in this by-law and as otherwise reasonably directed by the Owners Corporation. For the avoidance of doubt, no building items may be disposed of or left anywhere on or about the common property;
(g) not allow waste bins or skips to be placed on or near the common property without the prior written consent of the Owners Corporation;
(h) not cause or permit storage, mixing, preparation, cutting or any other work in connection with the Works to be conducted on the common property;
(i) 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;
(j) keep the Lot’s front entrance door closed at all times (where possible);
(k) provide to the executive committee at least forty-eight (48) hours prior written notice of any noisy works (eg, jackhammering, the use of any pneumatic, rotary or powder-acutated tools) (“Noisy Works”) without derogating from the generality of the foregoing, Noisy Works may only be carried out for a maximum single four (4) hour period in any one week.
(l) 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 occurs the Owner must rectify that interference or damage within a reasonable period of time;
(m) provide the Owners Corporation's nominated representative(s) access to inspect the Lot within forty-eight (48) hours of any request from the Owners Corporation (for clarity more than one inspection may be required);
(n) observe all the other by-laws applicable to the scheme; and
(o) not vary the Works or their scope without first obtaining the consent in writing from the Owners Corporation.
PART 3.4
After construction
3.4.1 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 has been rectified;
(c) provide the Owners Corporation with a copy of any certificate or certification required by an Authority to approve the Works;
(d) provide the Owners Corporation with certification from a suitably qualified engineer(s) approved by the Owners Corporation that the Major 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; and
(e) provide the Owners Corporation's nominated representative(s) access to inspect the Lot within forty-eight (48) hours of any request from the Owners Corporation to check compliance with this by-law or any consents provided under this by-law.
3.4.2 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.
PART 3.5
Enduring rights and obligations
3.5 An Owner shall:
(a) protect all affected areas of the Building outside the Lot from damage relating to the installation, repair, replacement or removal of the Works;
(b) use reasonable endeavours to ensure no nuisance is caused as a result of the use of the Works including where relevant the prevention of water escape or noise;
(c) maintain, replace and keep in good and serviceable repair any Works installed by them or the occupier of their Lot;
(d) maintain and upkeep those parts of the common property in contact with the Works;
(e) remain liable for any damage to any lot or common property arising out of or in connection with the installation, repair, replacement or removal of the Works;
(f) repair and/or reinstate the common property or personal property of the Owners Corporation to its original condition if the Works are removed or relocated;
(g) comply with all directions, orders and requirements of any Authority relating to the use of the Works;
(h) remove any Works which contravene the requirements of this by-law or any Authority and reinstate the common property, as and when directed by the Owners Corporation;
(i) must ensure that the Works within the Lot are not likely to disturb the peaceful enjoyment of the Owner or occupier of another Lot;
(j) ensure that the Works (where applicable) do not cause water escape or water penetration to lot or common property (including the Lot);
(k) ensure that any electricity or other services required to operate the Works (where applicable) are installed so they are connected to the Lot’s electricity or appropriate supply;
(l) indemnify and keep indemnified the Owners Corporation against any costs or losses arising out of the installation, use, repair, replacement or removal of any Works including any liability in respect of the property of the Owner; and
(m) without derogating from the generality of paragraph (l) above, indemnifies and shall keep indemnified the Owners Corporation against any loss, damage to or destruction of the Works caused howsoever by the Owners Corporation, its officers, employees, contractors or agents carrying out any Essential Works where the Owner or occupier is in breach of clause 3.7.
PART 3.6
Recovery of costs
3.6 If an Owner fails to comply with any obligation under this by-law, the Owners Corporation may:
(a) carry out all work necessary to perform that obligation;
(b) enter upon any part of the Lot to carry out that work;
(c) apply the Bond towards the costs incurred by the Owners Corporation to carry out that work;
(d) recover from the Owner the amount of any fine or fee which may be charged to the Owners Corporation for the cost of any inspection, certification or order; and
(e) recover any costs from the Owner as a debt due.
PART 3.7
Essential works
3.7 No Owner or occupier shall impede, inhibit, refuse, interfere with, restrict, hinder or obstruct the Owners Corporation’s (or its officers, employees, contractors or agents) lawful entry, access, penetration to or removal of all or any part of the Works to carry out Essential Works to the common property which may be attached to, in, under or about the Works including the common property structures or services provided that the Owners Corporation shall give prior notice to the Owner or occupier (emergencies excepted).
PART 3.8
Applicability
3.8.1 For the avoidance of doubt, this clause applies to all Works installed prior to and after this by-law being made.
3.8.2 In the event that the Owner desires to remove the Works installed under this by-law (or otherwise), the provisions of Part 3 shall also apply in relation to that removal.
Annexure “A”
MOTION < >
Subject to the by-law in the next succeeding motion being approved The Owners – Strata Plan No. 79293 SPECIALLY RESOLVE pursuant to section 65A of the Strata Schemes Management Act, 1996 for the purpose of improving or enhancing the common property to specifically authorise the Works carried out by the owner of lot < > to lot and common property on the terms and in the manner as set out in the by-law.
MOTION < >
Subject to the preceding motion being approved The Owners – Strata Plan No. 79293 SPECIALLY RESOLVE pursuant to section 52 of the Strata Schemes Management Act, 1996 to make a by-law in the following terms:
SPECIAL BY-LAW NO < > Works
The provisions of Parts 1, 2, and 3 of Special By-law No. < > are adopted for the purposes of this by-law with the exception of the insertion of the definition of “Plans” and the amendment of the definition of “Major Works” and “Lot” as follows:
(o) “Major Works” means the works to the Lot and the common property to be carried out in connection with the <INSERT FOR EXAMPLE – INSTALLATION OF AIR-CONDITIONING> works for the Lot including:
(i) <INSERT SCOPE OF WORKS>; and
(ii) the restoration of lot and common property (including the Lot) damaged by the works referred to above,
all of which is to be conducted strictly in accordance with the Plans and the provisions of this by-law.
(p) “Lot” means <INSERT RELEVANT LOT#>.
(q) “Plans” means the plans/drawings prepared by <INSERT NAME> and dated <INSERT DATE> a copy of which were tabled at the meeting at which this by-law was passed and which may be attached to this by-law.
Annexure “B”
CONSENT UNDER SECTION 52 & 65 A (4) (a)
STRATA SCHEMES MANAGEMENT ACT, 1996 (NSW)
TO: The Registrar-General
Land & Property Information NSW
Queens Square
SYDNEY NSW 2000
i/We, , CONSENT to the making of a by-law conferring rights over the common property for the installation of <DESCRIBE WORKS> to be carried out by the owner/s of lot [insert lot] in our scheme and conferring on them the responsibility to repair and maintain such works.
The by-law is to be made by the Owners Corporation at a general meeting on …. , or any adjournment of that meeting.
Dated: ………………………………………
……………………………………………………………..
Signature of [insert name]
Owner of Lot [insert lot number]
Cc: The Owners – Strata Plan No 79293
Annexure “C”
on following page
2C Munderah St Wahroonga
STRATA PLAN 79293, 2C MUNDERAH STREET, WAHROONGA
BUILDING WORKS APPLICATION FORM
Use this form if you wish to undertake building works or renovations within your apartment. This form is to be construed according to the conditions outlined in the SPECIAL BY-LAW NO.< > FOR WORKS. Please ensure you have read and understood the document before completing this form. No work may commence until your application is approved by the Executive Committee, or in the case of building works affecting common property, an appropriate by-law has been made and registered.
OWNERS NAME…………………………………...................UNIT/LOT NUMBER……
CONTACT TELEPHONE (list all)………………………………………………………….
EMAIL …………………………………………………………………………………………
LOCATION: □ KITCHEN □ BATHROOM □ TOILET □ HALLWAY
□ LIVING ROOM □ BEDROOM □ OTHER……………….
WORK
INVOLVES: □ PAINTING □ TILING □ FLOOR SURFACES □ ELECTRICAL
□ CEILING □ AIRDUCTS □ FIRE SPRINKLERS
□ PLUMBING □ MASONARY □ WALL REMOVAL/PENETRATION
□ COMMON PROPERTY ALTERATION □ OTHER ………………………
PREFERRED DATE OF WORKS STARTING…../…../…… ENDING…../…../……
PLEASE ATTACH □ BRIEF DESCRIPTION OF INTENDED WORKS
AND EITHER: □ PLAN BY ARCHITECT (if available)
OR: □ ROUGH PLAN / DIAGRAM (provided by owner)
□ SECURITY DEPOSIT: CHEQUE for $1,000 made out to “Strata Plan 79293”
□ DEVELOPMENT APPLICATION
I the undersigned hereby warrant that I have read the Special By-Law No. < > for Works and agree to comply with all of the conditions and limitations imposed thereby.
OWNERS SIGNATURE: ………………………………………….. DATE…………………………...
ADDITIONAL WARRANTIES (IF APPLICABLE)
STRUCTURAL ALTERATIONS:
As the work applied for entails the removal and/or penetration of masonry within the apartment, I hereby warrant that I accept full responsibility for the upkeep and preservation of the altered masonry
OWNERS SIGNATURE: ………………………………………….. DATE…………………………...
CEILING CAVITY ALTERATIONS:
As the work applied for entails the alteration of one or more ceiling cavities in the apartment, I hereby warrant that I accept full responsibility for any loss of acoustic amenity caused by the alteration.
OWNERS SIGNATURE: ………………………………………….. DATE…………………………...
HARDFLOORING IN DESIGNATED AREAS:
As the work applied for entails the installation of hard flooring surfaces other than in a kitchen, bathroom or toilet, I hereby warrant that, after the new floor is installed, I shall pay for acoustic testing and will remove the hard floor and re-install carpet if it is found to provide inadequate acoustic installation.
OWNERS SIGNATURE: ………………………………………….. DATE…………………………...
SPECIAL BY-LAW NO 45 Installation of Hard Surface Flooring
“Noise” By-Law 1
An owner or occupier of a lot must not create any noise on a lot or the 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.
“Floor coverings” Bt-Law 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.
2. This by-law does not apply to floor space comprising a kitchen, laundry, lavatory, bathroom or any other area that is either parquetry or tiled at the time of registration of the Strata Plan.
“Installation of Hard Surface Flooring”
Part A: Introduction:
1. The purpose of this By-Law is to regulate the installation of flooring other than carpet and underlay. The By-Law establishes a regime under which Owners may approach the Owners Corporation for permission to install Hard Surface Flooring.
2. The By-Law provides that approval for certain types of Hard Surface Flooring may necessitate the passage and registration of a specific Section 52 By-Law.
3. The By-Law also provides that if Hard Surface Flooring is installed within a Lot, the Owners of that Lot is responsible for the maintenance and repairs of such flooring.
4. The terms of this By-Law are to be read in conjunction with the terms of By-Law 14 “Floor Coverings” registered with the strata plan.
Part B: Definitions:
In this By-Law:
1. “5 Star Rating” means the 5 Star Rating of the Association of Australian Acoustical Consultants, namely:
a) Airborne Sound Insulation of not less than Dnt,w Ctr> 50, and
b) Impact Sound Isolation of not more than Lnt,<w 45
2. “Hard Surface Flooring” means any flooring material that is not carpet or other soft covering.
3. “Council” means the Strata or Local Government Body or Planning Authority with authority to determine applications under the Environmental Planning & Assessment Act 1979.
4. “Section 52 By-Law” means a By-Law made under and In accordance with Chapter 2, Part 5, Division 4 of the Strata Schemes Management Act 1996.
Part C: Interpretation:
1. In this By-Law, words defined in the Strata Schemes Management Act 1996 have the meaning given to them in this Act.
2. All parts of this By-Law, including the introduction, are to be considered in the Interpretation of it.
Part D: Terms:
1. No Hard Surface Flooring may be installed that does not have at least 5 Star Rating.
2. An Owner of a Lot must not install, attach or affix any Hard Surface Flooring to serve his Lot, or allow such Hard Surface Flooring to be installed (attached or affixed) or kept, except in compliance with the following terms and conditions.
Part E: Terms and Conditions:
1. Prior to installing any Hard Surface Flooring, the Owner must:
a) obtain the written approval of th Owners Corporation to the proposed location, style, design and type of the Hard Surface Flooring, the method of Installation and connection or construction and the steps taken to address noise transmission, and
b) provide evidence that the proposal has been designed by an accredited Acoustic Consultant and will have sound insulation performance of at least 5 Star Rating.
2. In determining its approval under the terms of this By-Law, the Owners Corporation will consider the nature of the Hard Surface Flooring, the effect of the installation on the occupants of adjacent Lots, the details of acoustic treatment and the responsibility for ongoing maintenance and repairs may, as a condition of the approval, require a motion for a section 52 By-Law be placed before a General Meeting of the Owners Corporation.
3. In performing the installation or construction, the Owner must, by himself, his agents, servants or contractors, comply with all conditions and requirements of the Council, comply with the Building Code of Australia and all pertinent Australian Standards and comply with the terms of approval given by the Owners Corporation under this By-Law.
4. After the completion of the installation, the Owner must provide to the Owners Corporation, certification by an Acoustic Consultant that the installation has achieved sound insulation performance of at least 5 Star Rating.
Part F: Keeping the Hard Surface Flooring:
1. The Owner must maintain the Hard Surface Flooring in a state of good and serviceable repair and must renew or replace it when necessary.
2. The Owner must maintain those areas of the common property that represents a point of contact between the installation of the Hard Surface Flooring and the common property.
3. The Owner at his own cost must repair any damage to the common property or the property of the Owner or occupier of another Lot occurring in the installation, maintenance, replacement, repairs or renewal of any Hard Surface Flooring.
4. The Owner must indemnify the Owners Corporation and the Owners or occupiers of other Lots against:
a) any legal liability, loss, claim or proceedings in respect of any injury, loss or damage whatsoever to the common property, or other property, or person insofar as such injury, loss or damage arises out of, or in the course of, or by reason of the installation of the Hard Surface Flooring, that would not have been incurred if the Hard Surface Flooring had not been installed or constructed, and
b) any liability under Section 65(6) of the Strata Schemes Management Act 1996 for damage to the Hard Surface Flooring consequent upon the Owners Corporation performing work to the common property.
5. If an Owner fails to carry out his obligations under this By-Law after being requested in writing to do so, the Owners Corporation will be entitled, pursuant to the provisions of section 63 (3) of the Strata Schemes Management Act 1996, to carry out the work and recover the costs from the owner as a debt.
6. An Owner may remove any Hard Surface Flooring, but must do so at his expense and in a workmanlike manner. An Owner must ensure that after any Hard Surface Flooring is removed, the common property is restored.
7. For the purpose of this By-Law, any Hard Surface Flooring shall remain the property of the Owner of the Lot installing it or the Owner of the Lot served by it, whether or not the Owner installed it.
SPECIAL BY-LAW NO 46
The provisions of Parts 1, 2, and 3 of Special By-law No. 44 are adopted for the purposes of this by-law with the exception of the insertion of the definition of “Plans” and the amendment of the definition of “Major Works” and “Lot” as follows:
(r) “Major Works” means the works to the Lot and the common property to be carried out in connection with the Installation of skylight works for the Lot including:
(iii) Installation of two skylights in the roof space above the ensuite and in the hallway in the vicinity of the bathroom and
(iv) the restoration of lot and common property (including the Lot) damaged by the works referred to above,
all of which is to be conducted strictly in accordance with the Plans and the provisions of this by-law.
(s) “Lot” means 104
(t) “Plans” means the plans/drawings prepared by lot 104 owner and dated 13th October 2011 a copy of which were tabled at the meeting at which this by-law was passed and which may be attached to this by-law.
SPECIAL BY-LAW NO 47
The provisions of Parts 1, 2, and 3 of Special By-law No. 44 are adopted for the purposes of this by-law with the exception of the insertion of the definition of “Plans” and the amendment of the definition of “Major Works” and “Lot” as follows:
(u) “Major Works” means the works to the Lot and the common property to be carried out in connection with the Installation of skylight works for the Lot including:
(v) Installation of one skylight above the kitchen and
(vi) the restoration of lot and common property (including the Lot) damaged by the works referred to above,
all of which is to be conducted strictly in accordance with the Plans and the provisions of this by-law.
(v) “Lot” means 136
(w) “Plans” means the plans/drawings prepared by lot 136 owner and dated 18th October 2011 a copy of which were tabled at the meeting at which this by-law was passed and which may be attached to this by-law.
SPECIAL BY-LAW NO 48
The provisions of Parts 1, 2, and 3 of Special By-law No. 44 are adopted for the purposes of this by-law with the exception of the insertion of the definition of “Plans” and the amendment of the definition of “Major Works” and “Lot” as follows:
(x) “Major Works” means the works to the Lot and the common property to be carried out in connection with the Installation of skylights works for the Lot including:
(vii) Installation of two skylights in the roof space in the hallway and
(viii) the restoration of lot and common property (including the Lot) damaged by the works referred to above,
all of which is to be conducted strictly in accordance with the Plans and the provisions of this by-law.
(y) “Lot” means 135
(z) “Plans” means the plans/drawings prepared by lot 135 owner and dated 25th October 2011 a copy of which were tabled at the meeting at which this by-law was passed and which may be attached to this by-law.
SPECIAL BY-LAW NO 49
The provisions of Parts 1, 2, and 3 of Special By-law No. 44 are adopted for the purposes of this by-law with the exception of the insertion of the definition of “Plans” and the amendment of the definition of “Major Works” and “Lot” as follows:
(aa) “Major Works” means the works to the Lot and the common property to be carried out in connection with the door works for the Lot including:
(ix) Installation of two sliding glass doors within existing brick and timber frame and
(x) the restoration of lot and common property (including the Lot) damaged by the works referred to above,
all of which is to be conducted strictly in accordance with the Plans and the provisions of this by-law.
(bb) “Lot” means102
(cc) “Plans” means the plans/drawings prepared by lot 102 owner and dated 28th August 2011 a copy of which were tabled at the meeting at which this by-law was passed and which may be attached to this by-law.
By Law 50 – Smoking Restrictions
That that The Owners - Strata Plan No. 79293 SPECIALLY RESOLVE pursuant to section 47 of the Strata Schemes Management Act 1996 to make an additional by-law in the following terms:
Special By-Law No. 50 By-Law for Smoking Restrictions
1. All common property areas are smoke-free areas.
2. The owner or occupier of a lot, or an invitee of an owner or occupier of a lot, must take all reasonable steps to prevent smoke caused by smoking from drifting on to or penetrating common property or another lot.
3. The owner or occupier of a lot, or an invitee of an owner or occupier of a lot, must not dispose of cigarette butts or ash on the common property.
4. For the purpose of this by-law ‘smoking’ means to hold or otherwise have control over an ignited smoking product or implement.
5. For the purpose of this by-law ‘reasonable steps’ includes –
Where an owner, occupier or invitee on a lot is in close proximity to another lot or common property, the owner, occupier or invitee must not smoke.
Where wind is blowing in the general direction of another lot or common property, an owner, occupier or invitee on a lot must not smoke.
6. Where any term used in this by-law is defined in the Strata Schemes Management Act 1996 (or any replacement or amendment of that legislation), then the term has the same meaning as the term has under that legislation.
To the extent of any inconsistency between this by-law and any other by-law, then the provisions of this by-law prevail.
By Law 51 – General Responsibility
That that The Owners - Strata Plan No. 79293 SPECIALLY RESOLVE pursuant to section 47 of the Strata Schemes Management Act 1996 to make an additional by-law in the following terms:
Special By-Law No. 51 General Responsibility
1. Air Conditioning
The owner for the time being of each lot in the strata scheme is hereby conferred with the exclusive use and enjoyment of that part of the common property being:
(a) The air conditioning unit, condenser and platform servicing that owner’s lot (where applicable); and
(b) All duct work, pipe work, circuitry, electrical and mechanical pipes, wires, cables and ducts associated with each owner’s air conditioning unit and condenser (hereinafter called, for each individual owner “the air-conditioning system”) subject to the due observance and performance by each owner with the following conditions:
(i) The owner shall be responsible for the proper maintenance and keeping in a state of good and serviceable repair, renewal and replacement of the air-conditioning system without expenses to the owners corporation;
(ii) The owner shall bear the cost of electrical, mechanical or other maintenance, repair, cleaning or replacement or renewal of the air-conditioning system including the periodical and other electricity supply accounts of the electricity supplier authority relating to or in respect of the air conditioning system.
2. Electrical lights and tubes
The owner for the time being of each lot in the strata scheme is hereby conferred with the exclusive use and enjoyment of that part of the common property being:
(a) All light fittings, globes, tubes, shades and covers servicing that owner’s lot (where applicable); and
(b) All electrical wiring, cables, transformer and mechanical pipes associated with each owner’s light supply (hereinafter called, for each individual owner “the lights, globes and tubes”) subject to the due observance and performance by each owner with the following conditions:
(iii) The owner shall be responsible for the proper maintenance and keeping in a state of good and serviceable repair, renewal and replacement of the lights, globes and tubes without expenses to the owners corporation;
(iv) The owner shall bear the cost of electrical, mechanical or other maintenance, repair, cleaning or replacement or renewal of the lights, globes and tubes including the periodical and other electricity supply accounts of the electricity supplier authority relating to or in respect of the lights and tubes.
(c) The owner or occupier of a lot shall not overload the electrical facilities provided to the lot and shall at his own expense make good any damage caused by such overloading.
3. Balcony and courtyard drains
The owner for the time being of each lot in the strata scheme is hereby conferred with the exclusive use and enjoyment of that part of the common property being the balcony drain.
(a) All cleaning associated with the drain (hereinafter called, for each individual owner “balcony drain”) subject to the due observance and performance by each owner with the following conditions:
(i) The owner shall be responsible for keeping in a state of good and serviceable repair and cleanliness without expenses to the owners corporation;
(ii) The owner shall bear the cost of plumbing works, cleaning or clearing or replacement of parts or renewal of the grate of the balcony drain.
Special By Law 52
That The Owners - Strata Plan No.79293 by SPECIAL RESOLUTION pursuant to section 47 of the Strata Schemes Management Act 1996 make an additional by-law in the following terms:
Special By-Law No. 52 Towing
1. An owner or occupier of a lot can only park or stand any motor or other vehicle on common property with the written approval of the owners corporation.
2. The owners corporation may cause a vehicle parked or standing in breach of this by-law to be towed from the common property and removed to a public road or impounded.
3. The owner or occupier of a lot must pay the costs of and incidental to the owners corporation and its servants and agents for having the vehicle towed and or impounded (including without limitation strata management fees, legal fees daily occupation fee, locking fee and unlocking fee) which are recoverable by the owners corporation as a debt due by the owner or occupier.
4. A person who parks a vehicle, or allows a vehicle to stand on any part of the common property without written consent of the owners corporation is taken to:
be the person in lawful possession of the vehicle, and
have given consent to the owners corporation and its servants and agents to have the vehicle towed off the common property and impounded at the cost of the owner or occupier, and
consent to this by-law being an arrangement in force in respect of the vehicle.
5. To the extent of any inconsistency between this by-law and any other by law, this by-law prevails.
(2017)