fbpx

Iluka Apartments Bylaws

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

  1. (1) An owner or person authorised by an owner may install, without the consent of the (a) any locking or other safety device for protection of the owner’s lot against
  2. (b) any screen or other device to prevent entry of animals or insects on the lot, or
  3. (c) any structure or device to prevent harm to children.

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:

    1. (a) 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.
    2. (b) 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).
      1. (c) must: i. 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
      2. ii. comply with the local council’s guidelines for the storage, handling, collection and disposal of waste.
      3. (d) must maintain bins for waste within the lot, or on any part of the common property that is authorised by the owners’ corporation, in clean and dry condition and appropriately covered.
      4. (e) must not place anything in the bins of the owner or occupier of any other lot except with the permission of that owner or occupier.
      5. (f) must place the bins within an area designated for collection by the owners’ corporation not more than 12 hours before the time at which waste is normally collected and, when the waste has been collected, must promptly return the bins to the lot or other area authorised for the bins.
      6. (g) Must notify the local council of any loss of, or damage to, bins provided by the local council for waste.

(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.

      1. 1.3 The intended effect and purpose of this by-law is to: (a) permit the Owner of lot 21 to retain the Past Works;
      2. (b) to confer a right of exclusive use and enjoyment, and special privilege, in respect of the common property concerned or affected by the Past Work; and
      3. (c) and common property as set out in this by-law.
      4. 1.4 The rights and obligations conferred by this by-law shall ensure for the benefit of the Owner subject to the conditions in Part 4.
      5. 2.1 Definitions (a) Act means the Strata Schemes Management Act 2015.
      6. (b) Authority means any government, semi government, statutory, public or other authority having any jurisdiction over the Lot or the Building including the local council.
      7. (c) Building means the building situated at 39 Iluka Road PALM BEACH NSW 2108.

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:

      1. (d) Lot means lot 21 in strata plan no 69534.
      2. (e) Owner means the owner(s) of the Lot.
        • (f) Past Works means the works to the Lot and common property previously carried out as follows: Installation of retractable 6x4m. powder coated awning in similar colour to match the colour of the exterior of the Building in the location depicted at Annexure A;
        • Install external power supply to awning;
        • Install 4x electric ceiling mounted heaters above timber seating;
        • Drilling of 3 core holes to the concrete slab for the purpose of installing air conditioning to service the Lot and to supply drainage to the coffee machine as depicted in Annexure A;
        • Installation of wall-mounted split system air conditioning unit;
        • Installation of an emergency water relief valve;
        • Connection of water discharge to the grease trap;
        • Upgrade to the electrical circuit breakers on the circuit board;
        • Upgrade all wiring, electrical lighting, power outputs and other services;
        • Installation of new electrical fittings;
        • Installation of commercial kitchenware;
        • Installation of a storage cage in one of the two car spaces connected to the Lot;
        • Installation of signage in the location depicted at Annexure A;
        • (g) Remedial Works means the works to be undertaken by the Owner as indicated in the plan by [xxx] entitled [xxx] dated [date] at Annexure B hereto, including but not limited to the following:

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.

  1. (i) [to be inserted]; and

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;

  1. (ii) the Past Works are not varied in any way unless otherwise approved under the Remedial Works herein;
      1. (iii) subject to warranties under clause 4.2 which shall apply equally to the Remedial Works to the fullest extent against the Owner in favour of the owners corporation. 2.3 In this by-law, unless the context otherwise requires or permits: (a) the singular includes the plural and vice versa;
      2. (b) any gender includes the other genders;
      3. (c) any terms in the by-law will have the same meaning as those defined in the Act;
      4. (d) a reference to the owners corporation includes the building manager, strata managing agent, any member of the strata committee or any person authorised by the owners corporation from time to time;
      5. (e) references to legislation include references to amending and replacing legislation;
      6. (f) a reference to the Owner includes that Owner’s invitees, executors, administrators, successors, permitted assigns or transferees;
      7. (g) a reference to an Occupier includes that Occupier’s invitee;
      8. (h) to the extent of any inconsistency between the by-laws applicable to Strata Plan No 69534 and this by-law, the provisions of this by-law shall prevail; and
      9. (i) if any provision or part of a provision in this by-law whether held or found to be void, invalid, or otherwise unenforceable, it shall be deemed to be severed from this by-law (or that provision) to the extent that it is void or invalid or unenforceable but the remainder of this by-law and the relevant provision shall remain in full force and effect.

2.2 Interpretation

      1. 3.1 Subject to Part 4 of this by-law, the Owner shall have: (a) Exclusive use and enjoyment of those parts of the common property occupied by the Past Works and the Remedial Works;
      2. (b) A special privilege to retain the Past Works to and on the common property; and
      3. (c) An obligation to carry out the Remedial Works to and on the common property.
      4. 4.1 Owner to provide certain documents (a) A copy of the licence details and insurance information of the contractors or tradespersons who carried out the Past Works, excluding the details of the tradespersons or contractors who installed the frame for the signage and the storage unit contained in the car space, as these works were completed by a previous owner of the Lot;
      5. (b) A certificate from a structural engineer (approved by the owners corporation) that the Past Works have been satisfactorily completed and do not impact adversely on the structural integrity of the Building;
      6. (c) Consent from Northern Beaches Council to the installation of the external awning and the conversion of the car space to a storage facility, or confirmation in writing from Northern Beaches Council that no such consent was or is required.

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:

      1. (a) were carried out with due care and skill;
      2. (b) were carried out in compliance with the Home Building Act 1989 or any other applicable law;
      3. (c) comprise of materials that are good and suitable for the purposes for which those materials were used;
      4. (d) were carried out by persons who were properly qualified to carry out such works;
      5. (e) do not and will not overload common property, common property services (within their current respective capacities designated for the Lot) and under no circumstances will, in any way and at any time, damage or interfere with the structural integrity or load bearing characteristics of the Lot, any other lot, the Building and/or parts thereof;
      6. (f) The Works must ensure that (where the works situates) there is, and will be, no water escape or water penetration into the Lot, other lot or common property by reason of or in connection with the Past Works and that obligation will include the carrying out of all appropriate waterproofing works, use of appropriate waterproofing membranes and inspections.
      7. (a) transport each item including but not limited to construction materials, equipment and debris in compliance with the reasonable directions of the Owners Corporation;
        1. (b) protect all areas of the Building, both internal and external to the Lot, from damage: (i) by the Remedial Works;
        2. (ii) by the transportation of construction material, equipment, debris and other material associated with the Remedial Works; and
        3. (iii) by the removal of any part of the Remedial Works.
        4. (c) keep all areas of the Building outside the Lot clean and tidy;
        5. (d) only perform the Remedial Works at the following times: (i) for noisy building activities (including, but not limited to, concrete

4.3 Performance of Remedial Works

In performing the Remedial Works, the Owner must:

        1. drilling or constant hammering), between 9.00 am and 3.00 pm on Monday to Friday inclusive;
        2. (ii) for extremely noisy activities (such as jack hammering and rotary hammer drilling), for a single four (4) hour period in any given week (excluding Sundays and public holidays); and
        3. (iii) for any other activities, between 8.00 am and 4.00 pm on Monday to Friday (inclusive) and from 8.00 am to 1.00 pm on Saturday (inclusive);
        4. (e) provide to the Owners Corporation at least 48 hours written notice of any noisy building activity intended to be carried out in relation to the Remedial Works;
        5. (f) not carry out the Remedial Works on Sundays and public holidays;
        6. (g) keep the door to the Lot closed at all times to prevent the egress of dust onto the rest of the Building;
        7. (h) immediately arrange for the removal of all construction materials and debris from the Building, with no material or debris deposited in the common property garbage chute, bins or skips or on common property areas;
        8. (i) take all reasonable steps to minimise discomfort, disturbance, obstruction or interference with the use and enjoyment by other occupiers of the Building;
        9. (j) ensure that the common property is kept clean of any waste created by the Remedial Works daily and in accordance with the Owners Corporation’s directions;
        10. (k) comply and ensure that the Owner’s contractor complies with all requirements, directions and orders of the Owners Corporation and any Authority;
        11. (l) ensure that any services required to operate the Remedial Works are connected to the Lot’s electricity or appropriate supply; and
        12. (m) not vary the Remedial Works without first obtaining the consent in writing of the Owners Corporation.
        13. (n) ensure that all insurances taken out and provided by the Owner in favour of the owners corporation are maintained as such unless and until completion of the Remedial Works;
        14. (o) ensure that the Remedial Works shall be carried out: (i) in a proper and workmanlike manner;
        1. (ii) in accordance with the provisions of all applicable building codes and standards;
        2. (iii) in accordance with the drawings and specifications approved by an Authority where applicable and the Owners Corporation;
        3. (iv) in accordance with the Home Building Act 1989 (NSW);
        4. (v) using materials that are new and fit for the purposes to which those materials are put;
        5. (vi) by appropriately licensed contractors;
        6. (vii) with due diligence and within the time stipulated in this by-law, or if no time is stipulated, within a reasonable time; and
        7. (viii) in a manner so as to result in the Remedial Works being reasonably fit for occupation.
        8. (p) upon completion of the Remedial Works, the Owner must, without unreasonable delay: (i) notify the Owners Corporation in writing that the Remedial Works have been completed;
        9. (ii) provide to the Owners Corporation a copy of all certifications for the Remedial Works, including but not limited to any warranties, guarantees and trade certifications; and
      1. (iii) upon request by the Owners Corporation, provide to the Owners Corporation a copy of a certification from a suitably qualified consultant or engineer approved by the Owners Corporation, confirming that: (a) the Works have been completed in a satisfactory manner and in accordance with this by-law; and
      2. (b) all works required to rectify any damage to a lot or to the common property have been completed in a satisfactory manner and in accordance with the terms of this by-law.
      3. (a) not carry out any alterations or additions or do any works (other than the Past Works or the Remedial Works);

4.4 Enduring rights and obligations

The Owner must:

      1. (b) properly maintain and upkeep the Past Works and Remedial Works in a state of good and serviceable repair including all areas of the common property and those parts of the Lot the subject of this by-law in particular those that are in contact with the Past Works and Remedial Works;
      2. (c) comply with all directions, orders and requirements of any Authority relating to the Past Works and Remedial Works;
      3. (d) remain liable for any damage to lot or common property arising out of or in connection with the Past Works and/or the Remedial Works and will make good that damage immediately after it has occurred;
      4. (e) the Owner must provide the Owners Corporation with access to inspect the Lot from time to time and within 24 hours of any reasonable written request from the Owners Corporation; and
      5. (f) indemnify and keep indemnified the owners corporation against any costs or losses arising out of or in connection with the Past Works including their installation, repair, maintenance, replacement, removal and/or use.
      6. (a) request, in writing, that the Owner complies with the terms of it and the Owner must take all reasonable steps to comply with the Owners Corporation’s requests;
      7. (b) by its agents, employees or contractors, enter upon the Lot and carry out all work necessary to perform that obligation;
      8. (c) the Owner shall indemnify the Owners Corporation against any liability, costs, loss or expense incurred by the Owners Corporation should the Owners Corporation be required to carry out any work to rectify the Owner’s breach of this by-law;
      9. (d) recover the costs of such work from the Owner as a debt due; and
      10. (e) such costs, if not paid at the end of one (1) month after becoming due and payable shall bear, until paid, interest at the annual rate of ten (10) per cent. The owners corporation may recover as a debt any costs not paid at the end of one (1) month after they become due and payable, together with any interest payable and the expenses of the owners corporation incurred in recovering those amounts.

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:

      1. (a) request, in writing, that the Owner complies with the terms of it and the Owner must take all reasonable steps to comply with the Owners Corporation’s requests;
      2. (b) by its agents, employees or contractors, enter upon the Lot and carry out all work necessary to perform that obligation;
      3. (c) the Owner shall indemnify the Owners Corporation against any liability, costs, loss or expense incurred by the Owners Corporation should the Owners Corporation be required to carry out any work to rectify the Owner’s breach of this by-law;
      4. (d) recover the costs of such work from the Owner as a debt due; and
      5. (e) such costs, if not paid at the end of one (1) month after becoming due and payable shall bear, until paid, interest at the annual rate of ten (10) per cent. The owners corporation may recover as a debt any costs not paid at the end of one (1) month after they become due and payable, together with any interest payable and the expenses of the owners corporation incurred in recovering those amounts.
      1. (a) the drafting and consideration of this by-law;
      2. (b) approving any plans, drawings or other documentation for the Past Works; and
      3. (c) obtaining and considering any certification in relation to the Past Works.

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.

Featured Properties

Alya Treehouse

From AU$1500
Guests 6
Bedrooms3
Bathrooms 3

Bynya - 100m to Jonahs!

From AU$500
Guests 8
Bedrooms4
Bathrooms 2

The Plateau House

From AU$1250
Guests 4
Bedrooms3
Bathrooms 2

Seascape

From AU$2000
Guests 8
Bedrooms4
Bathrooms 3