MIRAMAR VILLAS BODY CORPORATE No OPERATIONAL RULES

Transcription

1 MIRAMAR VILLAS BODY CORPORATE No OPERATIONAL RULES Operational Rules are binding on a) the body corporate; and b) the owners of the units; and c) any person who occupies a unit; and d) any mortgagee who is in possession of a unit. The body corporate operational rules are the local rules that further expand on the Unit Titles Act 2010 and apply to the Miramar Villas Body Corporate. The body corporate may amend, revoke, or make additions to the operational rules at any time. No amendment is effective: Unless it has been passed by ordinary resolution at a Body Corporate General Meeting Until the body corporate has notified the Registrar in the prescribed form If it goes beyond the powers and duties conferred under the Act If it is inconsistent with the Act or any other law. BODY CORPORATE COMMITTEE RESPONSIBILITIES CANNOT BORROW: The Body Corporate is not permitted to borrow money. ELECTION OF COMMITTEE AND GENERAL DELEGATION OF POWERS AND DUTIES - RESOLUTIONS: a) That the Body Corporate Committee comprise six owners, with the required quorum for committee meetings being three owners. b) That the powers and duties of the elected Chairperson of the Body Corporate be delegated to the Body Corporate Committee. ANNUAL FEE: The Body Corporate shall at the annual general meeting set an annual Body Corporate Fee payable by Unit Owners. Any proposal for an annual fee increase must be submitted to the committee along with supporting rationale, at least 14 days prior to a meeting of the Body Corporate owners. 1

2 LATE FEES: The Miramar Villas Body Corporate Committee is authorised to recover any unpaid levies owed to the Body Corporate, whether through Court or Tenancy Tribunal or otherwise, and to levy interest at the rate of 10% per annum as provided in Section 128 of the Unit Titles Act 2010 on any monies outstanding. All costs and expenses involved in the recovery shall be charged against the defaulting proprietor in full. SPECIAL LEVIES: The Body Corporate may agree at a general meeting to set such other special fees or levies from time to time. Any proposal for a special levy must be submitted to the committee along with supporting rationale, at least 14 days prior to a committee meeting. INSURANCE: The Body Corporate Committee is responsible for arranging and paying the insurance premium for the Miramar Villas complex - Buildings only NOT contents. GENERAL MAINTENANCE: The Body Corporate will be responsible for the maintenance and upkeep of the common areas including: All perimeter and unit fencing. Fencing that borders with a non-complex property (affects units 1 to 8 only) shall be covered by the Common Fencing Act for Neighbours. This does not include the boundary fence between two units. Roading and kerbing within the complex. Complex entrance and signage. Complex common lighting. Common lawns and gardens external to units plus lawns within unit grounds, where an owner provides access. For all underground sewerage drains within complex OTHER THAN where a unit owner has contributed to the damage through discharging inappropriate materials into the sewerage system or through tree roots damaging the sewerage system or through any other means which causes damage, in which case the unit owner is to meet the cost of the repairs. Water mains from the street to the Unit toby and the complex main water supply. The Body Corporate is not responsible for replacing a unit s toby or installation of water meters or any associated costs. Electricity: the service provider supplies the electricity to Unit meter boards. Where a service provider claims their responsibility ends at the complex distribution boxes external to the units then the Body Corporate will be responsible for the underground cabling from the complex distribution box to the Unit meter board. The Body Corporate is not responsible for the cost of replacing the fuse in the complex distribution box nor the call out fee should a unit occupier or owner cause that fuse to blow; this is the unit owners/occupiers responsibility. Gas: the service provider supplies gas to your gas metering and shut off device. 2

3 UNIT APPEARANCE: The Body Corporate Committee will monitor the condition of the units and notify unit owners of any work to be done to meet the required standard of the Miramar Villas complex. A time limit will be set to have this work completed. LAWNS: To keep all lawn areas mowed (unit owners must provide access to the contractor). OWNERS RESPONSIBILITIES An owner or occupier of a unit must not o damage or deface the common property: o leave rubbish or recycling material on the common property: o create noise likely to interfere with the use or enjoyment of the unit title development by other owners or occupiers: o park on the common property unless the body corporate has designated it for car parking: o interfere with the reasonable use or enjoyment of the common property by other owners or occupiers. ANNUAL FEE: The annual fee must be paid in advance either: a) quarterly in advance by 1 April, 1 July, 1 October and 1 January and each instalment shall be the amount of the annual fee divided by four; or b) monthly in advance on first day of month with each instalment being the amount of the annual fee divided by twelve. Payment is by Direct Credit or by depositing direct into the Body Corporate bank account at the bank or as otherwise agreed with the Body Corporate Committee. Any proposal for an annual fee increase must be submitted to the committee along with supporting rationale, at least 14 days prior to a meeting of the Body Corporate owners. LATE FEES: Any unit owner, who has late or unpaid levies owed to the Body Corporate, shall be required to pay 10% per annum as provided in Section 128 of the Unit Titles Act 2010 on any monies outstanding. All costs and expenses involved in the recovery of the unpaid levies shall be paid by the defaulting proprietor in full. 3

4 GENERAL MAINTENANCE: Unit owners are responsible for the maintenance of their own unit, grounds and gardens; this includes the area in front of the unit s garage and frontage. Each unit owner (at the expense of the unit owner) shall complete all maintenance work on their unit as notified by the Body Corporate Committee. If a unit owner fails to carry out the notified work on their unit then: The Body Corporate Committee is authorised to arrange for the work to be done; and The Body Corporate Committee is authorised to charge the costs and expenses for the work, including the costs of recovery, against the defaulting unit owner in full. UNIT APPEARANCE: The paint work, roofing, garage doors, entrance doors, windows, external cladding, brick work, letterboxes, fencing, paving and the like shall be in the materials and colour palette prescribed by the Body Corporate from time to time. ALTERATIONS: Any additions or alterations to the external appearance of the Unit require the prior permission of the Body Corporate. FENCES: Fences within the complex on the perimeter or facing common areas must not be painted or stained. SPEED LIMIT: The speed limit within the complex is five (5) kilometres per hour. SHORT TERM PARKING: o Parking in the common parking area opposite Units 1 and 2 is for visitors to the complex or short term owner/occupier parking. Any vehicle illegally parked in this area will be removed at the owner s expense without notice. PARKING: o Owner/occupiers are to park in their garage or on the public roadway. o Parking on the common roadway is not permitted. This includes turning bays. o Parking on a Unit owner s property must not obstruct nor impede another unit owner or occupiers access to their unit or garage. 4

5 o Any vehicles leaking oil are not to be parked within the complex. o No un-roadworthy or unregistered vehicle is to be parked within the complex. Should this happen the owner will have 24 hours to remove it and failing that the Body Corporate Committee will have it removed at the vehicle owner s expense. NEW SERVICES: If an owner wants a new utility or service to their Unit involving access across common land they require the prior approval of the Body Corporate Committee. PETS: No dogs are to be living within the Miramar Villas complex. There is to be no more than one cat per unit. All dogs in the common area must be on a lead. RUBBISH REMOVAL: Rubbish collection is from the street frontage and not from outside Units within the complex. An owner or occupier of a unit must dispose of rubbish hygienically and tidily. OWNER REGISTER: Unit owners shall provide the Body Corporate Committee with their personal details for the Register as required by the Unit Titles Act INSURANCE: Unit owners shall provide the Body Corporate Committee with any information required by the insurers for the insurance policy covering the Miramar Villas complex. 5