SP62406 SP62406 '" ::- 81.e:. Annexure "A" 1. Definitions and Interpretation. ~ I '" o j"' ~ I. Definitions

Transcription

1 Apprved Fnn 27 By-Laws nstrument setting ut the terms f by-laws t be created upn registratin f the strata plan. Please list the number and details f all by-laws intended t be created Annexure "A" 1. Definitins and nterpretatin Definitins 1.1 n these by-laws these tenns (in any fnn) mean: "Act" the Strata Schemes Management Act 1996;... j"' "' E-t "' "' See Annexure "A" + The cnsent f the Cuncil t the abvementined by-laws is c naj Strike ut whichever is inapplicable (Sheet 1 f 14 Sheets) g:lsfe\tba\ dc:ll (Bwman Terraces) "Architectural Standards" the meaning given t that tenn in the Cmmunity "Building" a building cntaining a lt r part f a lt the subject f the Strata Scheme; "Cmmn Prperty" s much f the Parcel as frm time t time is nt cmprised in any lt; "Cmmunity Assciatin" is cmmunity assciatin DP ; "Cmmunity Develpment Lf' the meaning given t that tenn in the Cmmunity "Cmmunity Management Statement" the cmmunity management statement registered with the Cmmunity Plan; "Cmmunity Plan" depsited plan ; "Cmmunity Prperty" the meaning given t that tenn in the Cmmunity "Cmmunity Scheme" the cmmunity scheme cnstituted n registratin f the Cmmunity Plan; "Cmmunity Titles Legislatin" the Cmmunity Land Develpment Act 1989 and the Cmmunity Land Management Act 1989; "Develper" the meaning given t that tenn in the Cmmunity Management Statement; "Develpment Activities" the meaning given t that tenn in the Cmmunity "Executive Cmmittee" the executive cmmittee f the Owners Crpratin; "Landscaped Areas" any extemal landscaped area f the Strata Scheme cmprising Cmmn Prperty; (Sheet 2 f 14 Sheets) g:\sfe\tba\ dc:ll (B'Mllal. Terraces)

2 E-t "' "Landscape Standards" the meaning given t that tenn in the Cmmunity "Lt" a lt (as defined in the Act) in the Strata Plan; "Occupier" any persn in lawful ccupatin f a Lt; "Owner": except as prvided in paragraph a persn fr the time being recrded in the register as entitled t an estate in fee simple in that Lt; r a persn whse name has been entered n the strata rll as an wner f a Lt in accrdance with s 98 f the Act; "Owners Crpratin" the Owners Crpratin fr the Strata Scheme; "Parcel" the land cmprised in the Strata Plan; "Strata Plan" the Strata Plan registered with these by-laws; and "Strata Scheme" the Strata Scheme cnstituted n registratin f the Strata Plan. nterpretatin 1.2 A wrd appearing and nt defined in these by-laws but defined in the Act has the meaning under the Act. 1.3 n these by-laws unless the cntrary intentin appears a reference t: the singular includes the plural and vice versa; any gender includes all ther genders; a persn includes a crpratin partnership jint venture assciatin authrity trust state r gvemment and vice versa; and this instrument includes any variatin r replacement f it. 1.4 f the whle r any part f a prvisin f these by-laws is invalid r unenfrceable the validity r enfrceability f the remaining by-laws is nt affected. 1.5 Headings are inserted fr cnvenience f reference nly and must be ignred in the interpretatin f these by-laws. 1.6 The wrd "includes" in any fnn is nt a wrd f limitatin. (Sheet 3 f 14 Sheets) g:lsfetba dc:1610s100 (E" T=) 2. Cmmn Prperty Damage t Lawns and Plants 2.1 Except with the prir written apprval f the Owners Crpratin an Owner r Occupier must nt: damage any lawn garden tree shrub plant r flwer being part f r situated n Cmmn Prperty; r use fr his r her wn purpses as a garden any prtin f the Cmmn Prperty. Damage t Cmmn Prperty 2.2 Except with the prir written apprval f the Owners Crpratin an Owner r Occupier must nt mark paint drive nails r screws r the like int r therwise damage r deface any structure that fnns part f the Cmmn Prperty. 2.3 An apprval given by the Owners Crpratin under this by-law cannt authrise any additins t the Cmmn Prperty. Depsiting Rubbish and Other Material 2.4 Except with the prir written apprval f the Owners Crpratin an Owner r Occupier must nt depsit r thrw n the Cmmn Prperty any rubbish dirt dust r ther material r discarded item. 3. Cleaning Windws and Drs 3.1 An Owner r Occupier must keep clean all exterir surface f glass in windws and drs n the bundary f the Lt including s much as is Cmmn Prperty unless: the Owners Crpratin reslves that it will keep the glass r specified part f the glass clean; r that glass r part f the glass cannt be accessed by the Owner r Occupier safely r at all. Balcnies and Gardens 3.2 An Owner r Occupier must keep all intemal gardens and balcnies clean and tidy and well maintained. (Sheet 4 f 14 Sheets) g:lsfetba dc: (Bwman Terraces)

3 11... :.:: i & E-t "' "' &.e:. 4. Mving Furniture and Other Objects On r Thrugh Cmmn Prperty 4.1 An Owner r Occupier must nt transprt any fumiture r large bjects thrugh r n Cmmn Prperty within a building unless sufficient ntice has first been given t the Executive Cmmittee s as t enable the Executive Cmmittee t arrange fr its nminee t be present at the time when the Owner r Occupier des s. 4.2 An Owners Crpratin may reslve that fumiture r large bjects are t be transprted thrugh r n the Cmmn Prperty (whether in a building r nt) in a specified manner. 4.3 f the Owners Crpratin has specified by reslutin the manner in which fumiture r large bjects are t be transprted an Owner r Occupier must nt transprt any fumiture r large bject thrugh r n Cmmn Prperty except in accrdance with that reslutin. 5. Flr Cverings Nise 5.1 An Owner must ensure that all flr space within the Lt is cvered r therwise treated t an extent sufficient t prevent the transmissin frm the flr space f nise likely t disturb the peaceful enjyment f the Owner r Occupier f anther Lt. 5.2 This by-law des nt apply t flr space cmprising a kitchen laundry lavatry r bathrm. 6. Garbage Dispsal 6.1 This by-law is subject t the prvisins f the Cmmunity Management Statement. 6.2 The Strata Scheme des nt have shared receptacles fr garbage and recyclable materials r waste. An Owner r Occupier: must maintain such receptacles within the Lt r n such part f the Cmmn Prperty as may be authrised by the Owners Crpratin in clean and dry cnditin and (except in the case f receptacles fr recyclable material) adequately cvered; must ensure that befre refuse recyclable material r waste is placed in the receptacles it is in the case f refuse securely wrapped r in the case f tins r ther cntainers cmpletely drained r in the case f recyclable material r waste separated and prepared in accrdance with the applicable recycling guidelines; (Sheet 5 f 14 Sheets) g:sfe\fua11 S1 334.dc: (Bwman Terraces) (e) (f) fr the purpse f having the garbage recyclable material r waste cllected must place the receptacles within an area designated fr that purpse by the Owners Crpratin and at a time nt mre than 12 hurs befre the time at which garbage recyclable material r waste is nrmally cllected; when the garbage recyclable material r waste has been cllected must prmptly retum the receptacles t the lt r ther area referred t in paragraph ; must nt place any thing in the receptacles f the Owner r Occupier f any ther Lt except with the permissin f that Owner r Occupier; and must prmptly remve any thing which the Owner Occupier r garbage r recycling cllectr may have spilled frm the receptacles and must take such actin as may be necessary t clean the area within which that thing was spilled. 7. Change in se f Ltt be Ntified An Occupier must ntify the Owners Crpratin if the Occupier changes the existing use f the Lt in a way that may affect the insurance premiums fr the Strata Scheme (fr example if the change f use results in a hazardus activity being carried ut n the Lt r results in the Lt being used fr cmmercial r industrial purpses rather than residential purpses). 8. Prvisin f Amenities r Services 8.1 The Owners Crpratin may determine t enter int arrangements fr the prvisin f amenities r services t ne r mre f the Lts r t the Owners r Occupiers f ne r mre f the Lts including: windw cleaning; garbage dispsal and recycling services; electricity water r gas supply; telecmmunicatin services; and (e) security services. 8.2 f the Owners Crpratin makes a reslutin referred t in this by-law t prvide an amenity r service t a Lt r t the Owner r Occupier it must indicate in the reslutin the amunt fr which r the cnditins n which it will prvide the amenity r service. (Sheet 6 f 14 Sheets) g:lsfe\fua11s1334.dc: (Bwman Terraces)

4 E-< "' "' 9. Cmmunity Management Statement Effect n the Strata Scheme 9.1 The Cmmunity Management Statement cntains by-laws which affect the Strata Scheme including: (e) (f) (g) Cmply rights and bligatins f Owners and Occupiers; rights and bligatins f the Cmmunity Assciatin and the Owners Crpratin; the keeping f animals; behaviur n Cmmunity Prperty and Cmmn Prperty; garbage cllectin; carrying ut building wrks; and security. 9.2 An Owner r Occupier must cmply with the Cmmunity Management Statement. Breach 9.3 A breach f the by-laws cntained in the Cmmunity Management Statement amunts t a breach f these by-laws. 9.4 Nthing in these by-laws allws an Owner r Occupier t d smething which is prhibited r regulated by the Cmmunity Management Statement. 1. Architectural Standards and Landscape Standards Wh May Prescribe 10.1 nder the Cmmunity Management Statement: the Cmmunity Assciatin may prescribe Architectural Standards and Landscape Standards in relatin t the Cmmunity Scheme; and the Owners Crpratin may prescribe Architectural Standards and Landscape Standards in relatin t the Strata Scheme An Owner r Occupier must cmply with any Architectural Standards and Landscape Standards in frce. (Sheet 7 f 14 Sheets) g:'sfetba dc:1610s100 (Bwman Tenaces) 11. Landscaped Areas Restricted se Rights 11.1 n accrdance with by-law 6 f the Cmmunity Management Statement the Owners Crpratin grants t the Cmmunity Assciatin restricted use f the Landscaped Areas. Cmmunity Assciatin Obligatins 11.2 Permitted persns as defined in the Cmmunity Management Statement have unrestricted access t and use f the Landscaped Areas at all times The Cmmunity Assciatin must: (1) cntrl manage maintain and renew and replace the Landscaped Areas; (2) repair damage t the Landscaped Areas restricted t the Cmmunity Assciatin under this by-law; and (3) indemnify the Owners Crpratin against all claims and liability caused by exercising rights under this by-law The Owners Crpratin must reimburse the Cmmunity Assciatin fr the cst (including any amunt under by-law 11.5) f the Landscaped Areas within 30 days f receiving an accunt frm the Cmmunity Assciatin The Cmmunity Assciatin may make agreements with third parties abut perfrming its bligatins under this by-law. 12. Agreement with a Manager Owners Crpratin mayen1er 12.1 The Owners Crpratin may determine t enter int an agreement with third parties t prvide services t the Owners Crpratin t assist the Owners Crpratin with its duties t cntrl manage perate maintain and replace Cmmn Prperty that the Cmmunity Assciatin is nt respnsible fr. The effect f this agreement is disclsed in this by-law. Parties 12.2 The parties t the agreement will be: the Owners Crpratin; and Jacksns Landing Estate Management Pty Limited ACN as Manager. (Sheet 8 f 14 Sheets) g:'sfetba dc:1610s100 (Bwman Terraces)

5 <... 10<... 1 E-t 10< "'.. &.e:. Term 12.3 The perid f the agreement may be fr a perid f up t 5 years with 4 ptins each f 5 years. Duties 12.4 The duties f the Manager may include: Remuneratin the maintenance and replacement f the Cmmn Prperty that the Cmmunity Assciatin is nt respnsible fr; the cntrl and supervisin f the Cmmn Prperty that the Cmmunity Assciatin is nt respnsible fr; the prvisin f services t the Owners Crpratin r the Owners and Occupiers; and anything else that the Manager indicates is necessary fr the Cmmn Prperty that the Owners Crpratin is nt respnsible fr The Manager's remuneratin fr the first year f the agreement will be $ 0$"0- $ During the subsequent years f the agreement the manager's remuneratin is an amunt equivalent t 15% f the amunt representing the actual cst f carrying ut the duties set ut in the agreement. Csts fr carrying ut duties 12.6 Any remuneratin payable t the Manager is exclusive f the cst t the Manager f carrying ut r prcuring the carrying ut f the duties set ut in the agreement Any cst incurred by the Manager in carrying ut r prcuring the carrying ut f the services set ut in the agreement are payable by the Owners Crpratin. Assignment 12.8 The Manager has the right at any time t assign its rights under the agreement t a respectable and respnsible assignee. Terminatin 12.9 The agreement may be terminated by the Owners Crpratin if the Manager: assigns its interest in the agreement in breach f the assignment prvisins; (Sheet 9 f 14 Sheets) g:'sfeltba\ dc:16'06100 (Bwman T enlc<s) fails r neglects t carry ut its duties after 21 days ntice f same frm the Owners Crpratin; is guilty f grss miscnduct r grss negligence in perfrmance f its duties; r enters int liquidatin The Manager may terminate the agreement at any time n giving 3 mnths' ntice. 13. Security Keys 13.1 The Owners Crpratin may restrict access t the Building by means f Security Keys The Owners Crpratin may make Security Keys available t: Owners; and persns authrised by the Owners Crpratin The Owners Crpratin may charge a reasnable fee fr a Security Key required by an Owner An Owner must exercise a high degree f cautin and respnsibility in making a Security Key available fr use by any Occupier and must use all reasnable endeavurs including an apprpriate stipulatin in any lease r licence f a Lt t the Occupier t ensure the retum f the Security Key t the Owner r the Owners Crpratin A persn t whm a Security Key is made available must: nt duplicate r cpy the Security Key; immediately ntify the Owners Crpratin if the Security Key is lst stlen r misplaced; when requested by the Owners Crpratin immediately retum the Security Key t the Owners Crpratin; and take all reasnable steps t safeguard the Security Key against lss damage r theft. 14. Cmmercial Premises/Hme Office 14.1 f an Occupier prpses t use a Lt fr a use ther than residential the Occupier must first: ntify the Owners Crpratin in accrdance with by-law 7; and (Sheet 10 f 14 Sheets) g:'sfeltba\ dc: 16/05100 (Bwman T enaces)

6 E-t "' btain the cnsent f all necessary autnnnes (ncluding Sydney City Cuncil) The Occupier acknwledges that cnditin 11 f building apprval number in respect f the strata scheme prvides that access fr peple with disabilities must be prvided t any prpsed cmrnercial premises including cmrnercial ffices The Owner t which the prpsed change f use applies must cmply with clause 14.2 at the Owner's expense Attentin is drawn t the develpment cnsent cnditins t develpment applicatin number 99/ Develper's Rights Resbicted se Rights 15.1 T enable the Develper t carry ut Develpment Activities n the Cmmunity Parcel the Owners Crpratin grants the Develper restricted use rights in accrdance with clause 54 f the Cmmunity Land Management Act 1989 ver the Cmmn Prperty n the terms f this by-law. End f Resbicted se Rights 15.2 Restricted use f the Cmmn Prperty ceases when the Develper serves a ntice n the Owners Crpratin infrming the Owners Crpratin that the Develpment Activities requiring the use f Cmmn Prperty have been cmpleted Despite by-law 15.2 restricted use f the Cmmn Prperty ceases when the Develper is n lnger the registered prprietr f any Cmmunity Develpment Lt Develper's Obligatins 15.4 The Develper must: Levies repair any damage t the Cmmn Prperty ccurring as a result f Develpment Activities as sn as practicable after the damage ccurs; and keep interference with the use f the Cmmn Prperty by the Owners and Occupiers t a minimum s far as is cnsistent with the Develpment Activities There are n mailers relating t the determinatin impsin and cllectin f levies arising with respect t the rights under this by-law 15. (Sheet 11 f 14 Sheets) g:_ dc:1&'o&'oo (l\wnan Tczmces) Executed by Jacksns landing Develpment Ply mlt8d by its Attrneys under a Pwer f Attrney 8001<4253 N. 741 dated 12 August 1999 and wh declare that they have nt received any ntice f the revcatin f that Pwer f Attrney in the presence f:.i?... Signature f Witness ".4.-r... Full Name f Witness Executed by Wirabay mlted by its Attrneys under a Pwer f Attrney Bk 4253 N. 739 dated 25 Octber 1999 and wh declare that they have nt received any ntice f the revcatin f that Pwer f Attrney in the presence f:. u.m. p..b..:... Full Name f Witness ca.1<o Ct-f"TR. Signature f Attmey... S::::L... T c;. v.la Signature f Attmey (Sheet 12 f 14 Sheets) 1J.6.(... ut.n ClLER Signature f Attmey id.. Signaturefy... ulr"'''''' R-" C;. g:_ dc:1&'o&'oo (l\wnan T)

7 <0 Executed by Rec Star Pte Limltad ) by its Attrneys under a Pwer f ) Attmey Bk 4253 N.7 40 dated ) 21 Octber 1999 and wh declare that ) they have nt received any ntice f ) the revcatin f that Pwer f ) Attmey in the presence f: ) ' R'.h.. Full Name f Witness Executed by Limsa Ply limited by its Attmeys under a Pwer f Attmey Bk 4254 N. 248 dated 2 Nvember 1999 and wh declare ) that they have nt received any ntice ) f the revcatin f that Pwer f ) Attmey in the presence f: ) =... p..... Ri Full Name f Witness <0 <0 -...E-t <0 "'-... t? g'&] 121( Cnei Signature f Attmey Signature f.. Atty... 1)/((J.[ c.. Signature f Attmey (l. la v. Signature f Attmey (Sheet 13 f 14 Sheets) g: dac: (BwmanT<1lCCS) Executed by CBA Crprate Servces (NSW» Ply limited by ts Attmey under a Pwer f ) Attmey dated 7 Octber 1999 registered Bk ) Bk 4252 N 638 wh declare that he ) has nt received any ntice f the ) revcatin f that Pwer f Attrney ) inthef ) Si'g' :.. fd..te/ Name f witness 1 REGSTERED eih <4-' r" (Sheet 14 f 14 Sheets) Z2 t;:- Sign. A tt... mey PHL.JOHNSTON Name f Attmey g:1sfe1tba dc:161051oo (BwmanT)