1. The occupier of a lot shall not use or occupy a lot for any purpose other than for residential purposes only and not for any trade or business save for that lot being Lot _No. 13 which is currently used or occupied by service contractor or letting agent for the Scheme and which service contractor or letting agent may use or occupy their respective lot to conduct the business and duties of a service contractor and letting agent as provided in the terms of agreement entered into in writing with the Body Corporate and save for Lot 101 which may be used as professional offices. surgery. a pharmaceutical or commercial retail mail outlet excepting and excluding real estate or property rental business.
2. Noise. The occupier oh lot must not create noise likely to interfere with the peaceful enjoyment of a person lawfully on another lot or the common property.
3.1 The occupier of a lot must not, without the Body Corporate written approval: park a vehicle. or allow a vehicle to stand on the common property; or permit an invitee to park a vehicle or allow a vehicle to stand on the common property other than in the designated visitor car park which must remain available at all times for the sole use of visitors vehicles.
3.2 An approval under subsection (1) must state the period for which it is given. With the exception of designated visitor parking
3.3 However, the Body Corporate may cancel the approval by giving 7 days written notice to the occupier of a lot with the exception of designated visitor parking.
4. Obstruction. The occupier of a lot must not obstruct the lawful use of the common property by someone else.
5. Damage to Lawns
5.1 The occupier of a lot must not, without the Body Corporate’s written approval: damage a lawn, garden tree, scrub, plant or flower on the common property: or use a part of the common property as a garden.
5.2 An approval under subsection (1) must state the period for which it is given.
5.3 However the Body Corporate may cancel the approval by giving 7 days’ written notice to the occupier.
6. Damage to Common Property
6.1 An occupier of a lot must not without the Body Corporate’s written approval, mark, paint, drive nails, screws or other objects in or otherwise damage or deface a structure that forms pan of the common property.
6.2 However, an occupier may install a locking or safety device to protect the lot against intruders, or a screen to prevent entry of animals or insect if the device or screen is soundly built and is consistent with the colour, style and materials of the building.
6.3 The owner of a lot must keep a device installed under subsection 2 in good order and repair.
7. Behaviour of Invitees. An occupier of a lot must take reasonable steps to ensure that the occupier’s invitees do not behave in a way or place likely to interfere with the enjoyment of another lot or the common property.
8. Leaving of Rubbish etc. on the Common Property. The occupier of a lot must not leave rubbish or other materials on the common property on the common property in a way or place likely to interfere with the enjoyment of the common property by someone else.
9. Appearance of Lot.
The occupier of a lot must not, without the Body Corporate’s written approval, make a change to the external appearance of the lot unless the change is minor and does not detract from the amenity of the: lot and its surrounds.
9.1 The occupier of a lot must not, without the Body Corporate’s written approval: hang washing, bedding or another cloth article if the article is visible from another lot or the common property or from outside the scheme land; or display a sign advertisement, placard banner, pamphlet or simi1ar article if the article is visible from another lot of the common property or from outside the scheme land.
9.2 This section does not apply to a lot created under a standard format plan of subdivision.
10. Storage of Flammable Materials
10.1 The occupier of a lot must not without the Body Corporate’s written approval. store a flammable substance on the common property.
10.2 The occupier of a lot must not, without the: Body Corporate’s written approval, store a flammable substance on the lot unless the substance: is used or intended for use for domestic purposes.
10.3 However, this section does not apply to the storage of fuel in: the fuel tank of a vehicle, boat or internal combustion engine; or a tank kept on a vehicle or boat in which the fuel is stored under the requirements of the law regulating the storage of flammable liquid.
11. Disposal of Rubbish.
A proprietor or occupier of a lot shall not deposit or throw upon the common property any rubbish, dirt, dust, paper. Cigarette butts or other material likely to interfere with the peaceful enjoyment of the proprietor or occupier of another lot or of any person lawfully using the common property A proprietor or occupier of a lot shall:
11.1 Maintain within his lot the garbage receptacle provided and empty the receptacle on a daily basis at the common collection point as provided and directed by the Body Corporate.
11.2 Ensure that the health, hygiene and comfort of the proprietor or occupier of any other lot is not adversely affected by the disposal of garbage.
11.3 Maintain and repair the garbage receptacle to ensure it is kept in _ serviceable condition.
12. Keeping of Animals
12.1 The occupier of a lot must not, without the Body Corporate’s written approval: bring or keep an animal on the lot or the common property; or permit an invitee to bring or keep an animal on the lot or common property.
12.2 The occupier must obtain the Body Corporate’s written approval before bringing, or permitting an invitee to bring an animal on to the lot or the common property.
13. Display Unit. The Original Proprietor may until all lots in the Community Titles Scheme have been sold open and maintain a display unit within the buildings and erect on the common property such signs and display notices as it considers appropriate to assist in the marketing of the lots.
14. Swimming Pools.
The swimming pools shall not be used between the hours of 9:30pm and 7:00am each day except with the consent in writing of the committee or the manager. The following rules shall apply to the swimming pools:
14.1 No running around the swimming pools or no diving into the swimming pools;
14.2 Children under the age of twelve ( 12) years must be accompanied by an adult;
14.3 Glass containers shall not be permitted in the swimming pools or enclosure
14.4 No unnecessary noise;
14.5 Pets and animals are not permitted into the swimming pools or enclosure;
14.6 Alcoholic beverages shall not be consumed in the swimming pool;
14.7 No splashing or behaving in any manner likely to interfere with the use and enjoyment of the pools by other persons.
Access to and use of the gymnasium shall be controlled by the manager or as advised by the Body Corporate committee in writing and displayed prominently in or about the gymnasium.
16. By Laws to be exhibited.
A copy’ of these By-Laws (or a precise thereof approved by the Committee) shall be exhibited in a prominent place in any lot made available for letting.
17. Compliance by Tenants.
The duties and obligations imposed by these By Laws on a proprietor of a lot shall be observed not only by the proprietor but by the: proprietor’s tenants, guests, servants, employees, agents, children, invitees and licensees.
18. Complaints or Applications.
All complaints or applications to the Body Corporate or its Committee shall be addressed in writing to the Secretary or to the Body Corporate Manager of the Body Corporate.
19. Pay Television.
The Body Corporate may allow a person approved by The Body Corporate to install all cabling. wiring. ducting, conduits, amplifiers and any other necessary equipment to the unit parcel to enable unit owners to connect to cable television. The Body Corporate is authorised to enter into agreements about the subject matter of this By-Law.
20. Recovery of Money Spent.
When: The Body Corporate expends money to make good damage or expends money to commence and engage in 1egal proceedings caused by a breach of the Act or of these By Laws by any proprietor or the tenants, guests, servants, employees., agents, children, invitees or licensees of the proprietor or any of them, the Committee shall be entitled to recover the amount so expended as a debt in an action in any Court of competent jurisdiction from the proprietor of the lot at the time when the breach occurred.
21. Ground Maintenance.
The Body Corporate is appointed agent of the proprietors to affect the mowing and edging of all lawns on the parcel and gardens on common property excluding mowing. weeding watering and fertilising lawns and gardens in the private lots. Proprietors and occupiers must ensure that gardens and lawns in private lots are maintained to a standard equivalent to those on the common property and that lawns are regularly mowed. Weeded, watered and fertilised at their own expense. Should a proprietor or occupier fail to properly maintain his lot, The Body Corporate is empowered to have the necessary maintenance carried out and the costs involved shall be due and payable by the proprietor of the lot within fourteen (14) days from The date the maintenance is carried out.
22. Use of Barbecue Area.
All owners and occupiers may use the barbeque facilities constructed on the Common Property subject to the following rules which shall apply to all guests or invitees of the owners or occupiers:
22.1 No use shall be made of the barbecue area which involves damage, inconvenience or nuisance to any owner or occupier or invitee nor which causes damage to the surface, fixtures or fittings of the barbecue areas.
22.2 The barbecue area shall not be used by a guest or invitee unless accompanied by’ the host owner or occupier.22.3. That no use is made of the barbecue area between the hours of 9.30pm and 7.00am.22.4. The Committee of Body Corporate may make rules with respect to the use of the barbeque area that are not inconsistent with these By Laws.
23.1 Speed limit on internal roadway is 5kph (walking pace). All public road rules apply.
23.2 Vehicles must not be parked on internal roadway at any time. Guests must park in the designated visitor parking spaces.
23.3 Garage driveways must be kept clean of oil and grease.
23.4 Driveways are not to be used to undertake mechanical repairs to vehicles.