By-Laws for Residential Strata Scheme SP69534 ILUKA RESORT – 39 Iluka Road PALM BEACH NSW 2108
1 Vehicles
An owner or occupier of a lot must not park or stand any motor or other vehicle on common property, or permit a motor vehicle to be parked or stood on common property, except with the prior written approval of the owners’ corporation or as permitted by a sign authorised by the owners’ corporation.
2 Changes to common property
owners’ corporation:
intruders or to improve safety within the owner’s lot, or
(2) Any such locking or safety device, screen, other device or structure must be installed in a competent and proper manner and must have an appearance, after it has been installed, in keeping with the appearance of
the rest of the building.
(3) Clause (1) does not apply to the installation of anything that is likely to affect the operation of fire safety devices in the lot or to reduce the level of safety in the lots or common property.
(4) The owner of a lot must: (a) maintain and keep in a state of good and serviceable repair any installation or structure referred to in clause (1) that forms part of the common property and that services the lot, and
(b) repair any damage caused to any part of the common property by the installation or removal of any locking or safety device, screen, other device or structure referred to in clause (1) that forms part of the common property and that services the lot.
(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.
3 Damage to lawns and plants on common property
An owner or occupier of a lot must not, except with the prior written approval of the owners’
corporation:
4 Obstruction of common property
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.
5 Keeping of animals
(1) An owner or occupier of a lot may keep an animal on the lot or the common property with the written approval of the owners corporation.
(2) The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property and must give an owner or occupier written reasons for any refusal to grant approval.
(3) If an owner or occupier of a lot keeps an animal on the lot, the owner or occupier must: (a) keep the animal within the lot, and
(b) supervise the animal when it is on the common property, and
(c) take any action that is necessary to clean all areas of the lot or the common property that are soiled by the animal.
(4) An owner or occupier of a lot who keeps an assistance animal on the lot must, if required to do so by the owners corporation, provide evidence to the owners corporation demonstrating that the animal is an assistance animal as referred to in section 9 of the Disability Discrimination Act 1992 of the Commonwealth.
6 Noise
An owner or occupier of a lot, or any invitee of 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.
7 Behaviour of owners, occupiers and invitees
(1) An owner or occupier of a lot, or any invitee of 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.
(2) An owner or occupier of a lot must take all reasonable steps to ensure that invitees of the owner or occupier: (a) 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, and without limiting paragraph (a), that invitees comply with clause (1).
8 Children playing on common property
(1) Any child for whom an owner or occupier of a lot is responsible may play on any area of the common property that is designated by the owners’ corporation for that purpose but may only use an area designated for swimming while under adult supervision.
(2) An owner or occupier of a lot must not permit any child for whom the owner or occupier is responsible, unless accompanied by an adult exercising effective control, to be or remain on common property that is a laundry, car parking area or other area of possible danger or hazard to children.
9 Smoke penetration
(1) An owner or occupier, and any invitee of the owner or occupier, must not smoke tobacco or any other substance on the common property.
(2) An owner or occupier of a lot must ensure that smoke caused by the smoking of tobacco or any other substance by the owner or occupier, or any invitee of the owner or occupier, on the lot does not penetrate to the common property or any other lot.
10 Preservation of fire safety
The owner or occupier of a lot must not do anything or permit any invitees of the owner or occupier to do anything on the lot or common property that is likely to affect the operation of fire safety devices in the parcel or to reduce the level of fire safety in the lots or common property.
11 Storage of inflammable liquids and other substances and materials
(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.
(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.
12 Appearance of lot
(1) 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.
(2) This by-law does not apply to the hanging of any clothing, towel, bedding or other article of a similar type in accordance with by-law 14.
13 Cleaning windows and doors
(1) Except in the circumstances referred to in clause (2), an owner or occupier of a lot is responsible for cleaning all interior and exterior surfaces of glass
in windows and doors on the boundary of the lot, including so much as is common property.
(2) The owners’ corporation is responsible for cleaning regularly all exterior surfaces of glass in windows and doors that cannot be accessed by the owner or occupier of the lot safely or at all.
14 Hanging out of washing
(1) An owner or occupier of a lot may hang any washing on any lines provided by the owners’
corporation for that purpose. The washing may only be hung for a reasonable period.
(2) An owner or occupier of a lot may hang washing on any part of the lot other than over the balcony railings. The washing may only be hung for a reasonable period.
(3) Owners may not hang washing over balconies.
(4) In this by-law:
washing includes any clothing, towel, bedding or other article of a similar type, including wetsuits.
15 Disposal of waste—bins for individual lots (applicable only to lot 21)
(1) Lot 21 is to use and supply its own bins, separate from the shared bins used by the other lots.
(2) Lot 21 is not to use the shared bins provided for the use of the other lots.
(3) The owner or occupier of lot 21:
(4) The owners’ corporation may give directions for the purposes of this by-law
by posting signs on the common property with instructions on the handling of waste that are consistent with the local council’s requirements or giving notices in writing to owners or occupiers of lots.
(5) In this by-law:
bin includes any receptacle for waste.
waste includes garbage and recyclable material.
16 Disposal of waste—shared bins (applicable to all lot owners other than lot 21)
(1) All lots other than lot 21 are permitted to use the shared bins of the building
(2) 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 owners corporation.
(3) An owner or occupier of a lot must not deposit in a toilet, or otherwise introduce or attempt to introduce into the plumbing system, any item that is not appropriate for any such disposal (for example, a disposable nappy).
(4) An owner or occupier must:
(a) comply with all reasonable directions given by the owners corporation as to the disposal and storage of waste (including the cleaning up of spilled waste) on common property, and
(b) comply with the local council’s guidelines for the storage, handling, collection and disposal of waste.
(5) The owners corporation may give directions for the purposes of this by-law by posting signs on the common property with instructions on the handling of waste that are consistent with the local council’s requirements or giving notices in writing to owners or occupiers of lots.
(6) In this by-law:
bin includes any receptacle for waste.
waste includes garbage and recyclable material.
17 Change in use or occupation of lot to be notified
(1) An occupier of a lot must notify the owners corporation if the occupier changes the existing use of the lot.
(2) Without limiting clause (1), the following changes of use must be notified: (a) a change 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),
(b) a change to the use of a lot for short-term or holiday letting.
(3) The notice must be given in writing at least 21 days before the change occurs or a lease or sublease commences.
18 Compliance with planning and other requirements
(1) The owner or occupier of a lot must ensure that the lot is not used for any purpose that is prohibited by law.
(2) The owner or occupier of a lot must ensure that the lot is not occupied by more persons than are allowed by law to occupy the lot.
19 Damage to common property
(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 written approval of the owners corporation.
(2) An approval given by the owners corporation under subclause (1) cannot authorise any additions to the common property.
(3) This by-law 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 to improve safety within the owner’s lot, or
(b) Any screen or other device to prevent entry of animals or insects on the lot, or
(c) Any structure or device to prevent harm to children, or
(d) Any sign to advertise the activities of the occupier of the lot if the owners corporation has specified locations for such signs and that sign is installed in the specified locations, or
(e) Any device used to affix decorative items to the internal surfaces of walls in the
owner’s lot.
(4) Any such locking or safety device, screen, other device or structure must be installed in a competent and proper manner and must have an appearance, after it has been installed, in keeping with the appearance of the rest of the building.
(5) The owner of a lot must: (a) Maintain and keep in a state of good and serviceable repair any installation or structure referred to in subclause (3) that forms part of the common property and that services the lot, and
(b) Repair any damage caused to any part of the common property by the installation or removal of any locking or safety device, screen, other device or structure referred to in subclause (3) that forms part of the common property and that services the lot.
20 Depositing rubbish and other material on common property
(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 owners corporation
21 Moving furniture and other objects on or through common property
(1) An owner or occupier of a lot must not transport any furniture, large object or deliveries to or from the lot through or on common property within the building unless sufficient notice has first been given to the strata committee so as to enable the strata committee to arrange for its nominee to be present at the time when the owner or occupier does so.
(2) An owners corporation may resolve that furniture, large objects or deliveries to and from the lot are to be transported through or on the common property (whether in the building or not) in a specified manner.
(3) If the owners corporation has specified, by resolution, the manner in which furniture, large objects or deliveries to and from the lot are to be transported, then an owner or occupier of a lot must not transport any furniture, large object or deliveries to and from the lot through or on common property except in accordance with that resolution.
22 Floor Coverings
(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 or bathroom.
23 Prevention of hazards
The owner or occupier of a lot must not do any thing or permit any invitees of the owner or occupier to do any thing on the lot or common property that is likely to create a hazard or danger to the owner or occupier of another lot or any person lawfully using the common property.
24 Provision of amenities or services
(1) The owners corporation may, by special resolution, determine to enter into arrangements for the provision of the following amenities or services to one or more of the lots, or to the owners or occupiers of one or more of the lots: (a) Security services,
(b) Promotional services,
(c) Advertising,
(d) Commercial cleaning,
(e) Domestic services,
(f) Garbage disposal and recycling services,
(g) Electricity, water or gas supply,
(h) Telecommunication services (for example, cable television).
(2) If the owners corporation makes a resolution referred to in subclause (1) to provide an amenity or service to a lot or to the owner or occupier of a lot, it must indicate in the resolution the amount for which, or the conditions on which, it will provide the amenity or service.
25 Controls on hours of operation and use of facilities
(1) The owners corporation may, by special resolution, make any of the following determinations if it considers the determination is appropriate for the control, management, administration, use or enjoyment of the lots or the lots and common property of the strata scheme: (a) That commercial or business activities may be conducted on a lot or common property only during certain times,
(b) That facilities situated on the common property may be used only during certain times or on certain conditions.
(2) An owner or occupier of a lot must comply with a determination referred to in subclause
(1) above.
26 Storage of Boats (Previously Special By-Law 1)
An owner or occupier of a lot shall be entitled to keep or store a boat and/or trailer and any
(a) Obtaining and complying with the consent of any necessary authority;
(b) Obtaining the consent of the owners corporation, such consent not to be unreasonably withheld; and
(c) Keeping clean and maintaining in good order and condition any such advertising.
associated items on that part of the lot which is located in the basement.
27 Advertising of Businesses (Previously Special By-Law 2)
The owners or occupiers of lots 21 and 22 shall have the right to place advertising for their respective businesses on their respective lots subject to:
28 Notice Board (Previously Special By-Law 5)
(1) The owners corporation must arrange for a notice-board to be affixed to some part of the common property.
(2) The owners corporation must place a copy of the notice of any general meeting on the notice board at least 7 days before the meeting and keep the notice on the notice board until at least the commencement of the meeting.
(3) The owners corporation must place a copy of the minutes of any general meeting on the notice board within 7 days of the minutes being prepared and keep the minutes on the notice board for at least 14 days.
(4) The owners corporation must place a copy of the notice of any strata committee meeting on the notice board at least 72 hours before the time fixed for the meeting.
(5) The owners corporation must place a copy of the minutes of any strata committee meeting or any resolution made in accordance with Schedule 3 to the Strata Schemes Management Act 1996 on the notice board within 7 days of the meeting or resolution and keep the minutes on the notice board for at least 14 days. (a) By himself, herself, or itself; or
(b) Through a letting agent appointed by the owners corporation; or
(c) By engaging a real estate agent or other person for that purpose.
29 Management of Lots (Previously Special By-Law 6)
The owner of a lot shall be entitled to lease or manage his, her or its lot:
30 Swimming Pool (Previously Special By-Law 7)
(1) The swimming pool may only be used between the house of 7.00am to 9.00pm Monday to Sunday.
(2) The owners corporation must erect and maintain a sign adjacent to the swimming pool displaying the times during which the swimming pool may be used.
1.1 This by-law is made under the provisions of Parts 6 and 7 of the Strata Schemes Management Act 2015.
1.2 The Owner of lot 21 has previously carried out the Past Works.
ANNEXURE A
BY LAW SPECIAL BY LAW 1 PAST WORKS LOT 21
STRATA SCHEME 69534
SPECIAL BY-LAW NO. 1 PAST WORKS LOT 21
PREAMBLE
DEFINITIONS & INTERPRETATION
In this by-law, unless the context otherwise requires:
as shown on the plan attached to this by-law and marked ‘Annexure A’ including all and any works as completed to the Lot and/or common property being in connection with the Past Works (above) and PROVIDED ALWAYS THAT the Remedial Works are completed in accordance with this by-law.
together with the restoration of the Lot, other lot and common property as may be damaged by the works, all of which are to be conducted strictly in accordance with the plans and specifications attached to this by-law and marked “B”, the provisions of this by-law and PROVIDED ALWAYS THAT;
2.2 Interpretation
GRANT OF RIGHT
CONDITIONS
The Owner shall provide to the Owners Corporation immediately upon request:
4.2 Owner Warranty
To the best of their knowledge, the Owner warrants to the owners corporation that the Past Works:
4.3 Performance of Remedial Works
In performing the Remedial Works, the Owner must:
4.4 Enduring rights and obligations
The Owner must:
4.5 Failure to comply with this by-law
If the Owner fails to comply with any obligation under this by-law the owners corporation may, without prejudice to any other rights:
4.6 Cost of By-law, Approvals and Certification
The Owner shall be responsible for all costs associated with the Past Works and any work required to be undertaken by the owners corporation pursuant to this by-law, including but not limited to:
4.7 Ownership of Works
The Past Works will always remain the property of the respective Owner.
4.8 Applicability
In the event that the Owner desires to remove the Past Works approved and/or installed under this by-law (or otherwise), the provisions of Part 4 shall also apply in relation to that removal.