STRATA SCHEMES MANAGEMENT ACT (1996) Schedule 1 BY-LAWS

Transcription

1 SP Crows Nest Rd, Waverton NSW of 7 STRATA SCHEMES MANAGEMENT ACT (1996) Schedule 1 BY-LAWS 1 Noise An owner or occupier of a lot must not create any noise on the parcel likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property. 2 Vehicles An owner or occupier of a lot must not park or stand any motor or other vehicle on common property except with the written approval of the owners corporation. 3 Obstruction of Common Property An owner or occupier of a lot must not obstruct lawful use of common property by any person. 4 Damage to Lawns and Plants on Common Property An owner or occupier of a lot must not: (1) damage any lawn, garden, tree, shrub, plant or flower being part of or situated on common property, or (2) use for his or her own purposes as a garden any portion of the common property. 5 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 without the approval in writing 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: any locking or other safety device for protection of the owner s lot against intruders, 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. (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) Despite section 62, the owner of a lot must 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. 6 Behaviour of Owners and Occupiers 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. 7 Children Playing on Common Property in Building An owner or occupier of a lot must not permit any child of whom the owner or occupier has control to play on common property within the building or, unless accompanied by an adult exercising effective control, to be or to remain on common property comprising a laundry, car parking area or other area of possible danger or hazard to children. 8 Behaviour of Invitees An owner or occupier of a lot must take all reasonable steps to ensure that invitees of the owner or occupier 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. 9 Depositing Rubbish and Other Material on Common Property An owner or occupier of a lot must not deposit or throw on the common property any rubbish, dirt, dust or other material likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using the common property. 10Drying of Laundry Items An owner or occupier of a lot must not, except with the consent in writing of the owners corporation, hang any washing, towel, bedding, clothing or other article on any part of the parcel in such a way as to be visible from outside the building other than on any lines provided by the owners corporation for the purpose and there only for a reasonable period. 11Cleaning Windows and Doors An owner or occupier of a lot must keep clean all glass in windows and all doors on the boundary of the lot, including so much as is common property. 12Storage of Inflammable Liquids and Other Substances and Materials (1) An owner or occupier of a lot must not, except with the approval in writing of the owners corporation, use or store on the lot or on the common property

2 SP Crows Nest Rd, Waverton NSW of 7 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. 13Moving Furniture and Other Objects on or through Common Property An owner or occupier of a lot must not transport any furniture or large object through or on common property within the building unless sufficient notice has first been given to the executive committee so as to enable the executive committee to arrange for its nominee to be present at the time when the owner or occupier does so. 14Floor 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. 15Garbage Disposal An owner or occupier of a lot: must maintain within the lot, or on such part of the common property as may be authorised by the owners corporation, in clean and dry condition and adequately covered a receptacle for garbage, and (b) must ensure that before refuse is placed in the receptacle it is securely wrapped or, in the case of tins or other containers, completely drained, and (c) for the purpose of having the garbage collected, must place the receptacle within an area designated for that purpose by the owners corporation and at a time not more than 12 hours before the time at which garbage is normally collected, and (d) when the garbage has been collected, must promptly return the receptacle to the lot or other area referred to in paragraph, must not place any thing in the receptacle of the owner or occupier of any other lot except with the permission of that owner or occupier, and must promptly remove any thing which the owner, occupier or garbage collector may have spilled from the receptacle and must take such action as may be necessary to clean the area within which that thing was spilled. 16Keeping of Animals Repealed See Added Special By-Law Animals. 17Appearance of Lot (1) The owner or occupier of a lot must not, without the written consent 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 washing, towel, bedding, clothing or other article as referred to in By-law Notice-board An owners corporation must cause a notice-board to be affixed to some part of the common property. 19Change of Use in Lot to be Notified An occupier of a lot must notify the owners corporation if the occupier changes the existing use of the lot in a way 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). Added Special By-Law - Animals 1. By-law 16 is repealed. 2. Subject to Section 49(4), an owner or occupier of a lot:- Must not keep any animal in a lot or on the common property, except any animal for which the Owners Corporation has given its approval before the making of this By-law. Special By-Law 1 Use of Washing Machines, etc. That the use of washing machines, tumble dryers, vacuum cleaners, spa baths and other devices powered by electric motors of sizes similar to those used in these appliances be prohibited between the hours of 9.00pm and 7.00am. Special By-Law 2 Moving of Furniture to and from the Building That the Caretaker be given 48 hours notice for any removals of furniture from and to the building, so that the lift can be reserved and protective covers hung to prevent damage, also no deliveries or removals to take place on caretaker s day off, Wednesdays and Sundays. Special By-Law 3 Owners Corporation Power and Authority to Convert Sauna Room to Storage Room The Owners Corporation shall have the following functions, in addition to those conferred or imposed on it by the Strata Schemes Management Act 1996 or other Act:- 1. The power and the authority to undertake building works so as to convert the sauna room to a room for storage and related purposes. 2. The duty to maintain the consequent improvements in a state of good and serviceable repair, and to renew or to replace them whenever necessary. Special By-Law 5 Alterations & Additions to Fire Doors The following terms are defined to mean: Fire Door means the common property entrance door/s to each lot in the strata scheme including all

3 SP Crows Nest Rd, Waverton NSW of 7 attached locks, door handles, doorframes and other ancillary structures. Original Condition means the condition at the date of registration of the strata scheme. Where any terms used in this by-law are defined in the Strata Schemes Management Act 1996, they will have then the same meaning as those words are attributed under that Act. Duties of Owners Notwithstanding by-law 5 of Schedule One of the Strata Schemes Management Act 1996, an owner or occupier of a lot must not: Replace or make any alterations or additions to the Fire Door that gives access to the owner s or occupier s lot (including, but not limited to the replacement of locks) without first obtaining the written approval of the owners corporation; and/or (b) Make any alterations or additions to a Fire door that gives access to the owner s or occupier s lot that is in breach of the fire regulations under the Building Code of Australia. Liability An owner of a lot will be liable for any damage, alteration or addition made or caused to a Fire Door by the owner without the written approval of the owners corporation, and will reinstate the Fire Door to its original condition immediately after it has occurred. (b) An owner of a lot will also be liable for any damage, alteration or addition made or caused to a Fire Door by the occupier or lessee of that owner s lot without the written approval of the owners corporation, and will reinstate the Fire Door to its original condition immediately after it has occurred. Indemnity An owner of a lot must indemnify the owners corporation against any loss or damage the owners corporation suffers as a result of any damage, alteration or addition made or caused to a Fire door by the owner or the occupier or lessee of the owner s lot including liability under section 65(6) in respect of any property of the owner. Right to Remedy Default If an owner or occupier of a lot rails to comply with this by-law, then the owners corporation may: Carry out all work necessary to perform the obligation; (b) Enter upon any part of the parcel to carry out that work; and (c) Recover the costs of carrying out that work as a debt from the owner of the lot. Special By-Law 6 Installation of Air Conditioners is AMENDED to read as follows: An owner or occupier must not, except with the written approval of the owners corporation install an air conditioning unit, and such approval will only be granted if the installation complies with the following requirements and conditions: (1) The system must be installed by fully licensed tradespeople. (2) The condensation line must not drip to the ground below. (3) The owner must agree to maintain the system to ensure quiet operation of the unit. Should there be any reasonable complaint pertaining to the noise of the system the owners corporation reserves the right to reassess the installation and request immediate rectification or removal of the system. (4) The external unit must not be clearly visible from outside the lot and any conduit or materials used must blend with the external brickwork. (5) The unit must not be installed on an adjoining Units wall. (6) The external unit must be installed on rubber mounting. (7) All expenses, including repairs and maintenance, are the owners responsibility. (8) Costs associated with any damage caused to common property by the installation and/or removal will be borne by the owner. (9) The system does not require alteration to the present electrical supply or circuitry of the lot. (10) The Applicants agree to inspection of the completed installation by The Executive Committee or its representative before the Air Conditioner is put into use. (11) The applicant must sign and return the letter of approval, if approval is granted, accepting the terms of the installation. (12) The Owners Corporation must be advised of the date of installation in advance. Special By-Law 7 Use of Pool and Barbecue Areas An owner or occupier of a lot or any visitors in the company of an owner or occupier of a lot shall not take any glass objects, including glasses and bottles, into the pool or barbecue area at any time. Special By-Law 8 Building Works An owner or occupier of a lot in the scheme ( the owner/occupier ) must not carry out, not permit to be carried out, any building works in respect of his lot whether or not the works will affect the common property ( the building works ), except in compliance with the conditions set out in this by-law.

4 SP Crows Nest Rd, Waverton NSW of 7 DEFINITION For the purposes of this by-law the installation, repair, maintenance, renewal, replacement and removal of the building works are collectively referred to as the works. CONDITIONS Before the Works Before the works the owner/occupier must obtain the executive committee written approval to the works. Provide the owners corporation with: 14 days notice of commencement of the works; copies of all relevant drawings and/or scope of works sufficient to clearly identify the works including any alterations or additions to the common property; (c) (d) comply with the Building Code of Australia and all pertinent Australian Standards; not allow the obstruction of reasonable use of the common areas of the strata scheme in the course of the works, by building materials tools, machines, debris or motor vehicles; give to the residents of other lots in the building not less than 24 hours notice of any demolition work or work involving the use of drilling or percussion tools; comply with any reasonable requirements of the owners corporation concerning the means of entering and leaving the building for tradesmen, building materials, tools and debris including the protection of elevators and the movement of furniture, fixtures and fittings; (b) (c) (d) A copy of any requisite local Council approval, including all drawings, specifications, conditions and notes; A copy of the construction certificate for the works, if required, under the Environmental Planning and Assessment Act 1979; Copy of the certificate of insurance relating to the works, if required, under the relevant section of the Home Building Act 1989; Evidence of currency for both the builder and the structural engineer for the duration of the works of contractor s All Risks insurance cover with an insurance office of repute (incorporation cover against public risk in respect of claims for death, injury, accident and damage occurring in the course of or by reason of the works of at least $10 million), to which the owners corporation is a named party; and (g) (h) (i) (j) (k) not carry out the works except between the hours of 7am and 4pm Monday to Friday (inclusive) and between the hours of 7am and midday on Saturday; and not allow the storage of building materials or rubbish on the common property without the permission of the owners corporation. subject to any extension necessitated by reasons beyond his control, the owner/occupier must complete the works within three months of commencement. the owner/occupier may not vary the works except in accordance with the written approval of the owners corporation and the local Council. the Owner shall be liable for any damage caused to another Lot or the Common Property as a result of the works. (g) The certificate of a duly qualified structural engineer in favour of the owners corporation regarding the intended method of retaining the structural integrity of the building, and confirming that the works, in particular the removal of any wall or part of wall between or within the lots, will not affect the structural integrity of the building or any part of it; and A deposit of up to $2000. Refund of the deposit to be given subject to the cost of any damage or fees incurred being deducted. The Works In undertaking the works, the owner/occupier must by himself, his agents, servants and contractors: (b) use best-quality and appropriate materials, in a proper and skilful manner; comply with all local Council conditions and requirements; (l) any fees payable for false fire alarms caused by the works shall be payable by the Lot Owner Concerned. (m) a Lot Owners Representative or Project Manager must be contactable 24 hours a day in case of an emergency relating to the work. (n) (o) (p) a Lot Owners Representative or Project Manager must liaise with the Building Manager prior to the works commencing. If any works are to be conducted on a Wednesday (Building Managers day off) that require the Building Manager s supervision, their attendance and any fees must be negotiated with the Building Manager prior to the work commencing. Only use Lift 2 for transportation following the installation of the protective lift blankets.

5 SP Crows Nest Rd, Waverton NSW of 7 Special By-Law 9 Door Locks and Associated Hardware All Fire doors, principally individual Unit entrance doors, must be maintained in accordance with the current fire regulations. The owner of a lot shall be responsible to maintain, renew, replace or repair (in accordance with current fire regulations) all locking mechanisms pertaining to individual lot Fire doors. Should a Lot Owner or Resident tamper with any of these devices in a way which would deem them to be non-compliant with current fire regulations all charges associated the rectification of these items will be borne by the Lot Owner. Special By-Law 10 Fire Brigade False Alarms An owner or occupier of a lot must indemnify the Owners Corporation against any liability to the Fire Brigade or other authority for attending at the Lot in response to the operation of a fire alarm by that owner or occupier or within his or her lot, except in the case of fire or other actual danger. Special By-Law 11 Lot 95 Works PART 1 PART GRANT OF RIGHT 1.1 Notwithstanding anything contained in any bylaw applicable to the scheme, the Individual Owner has the special privilege (at the Individual Owner s cost and to remain the Individual Owner s fixture) to carry out the Individual Owner s Works and exclusive use of the area in which the Individual Owner s Works are carried out subject to the terms and conditions contained in Part 3 of this by-law. PART THIS BY-LAW TO PREVAIL 1.2 If there is any inconsistency between this by-law and any other by-law applicable to the scheme, then the provisions of this by-law shall prevail to the extent of that inconsistency. PART 2 - DEFINITIONS & INTERPRETATION 2.1 Definitions In this by-law, unless the context otherwise requires or permits: Act means the Strata Schemes Management Act, 1996 (NSW). (b) Authority means any government, semi government, statutory, public or other authority having any jurisdiction over the Lots or the Building including the Council. (c) Building means the building situated at 2-12 Crows Nest Rd Waverton NSW (d) Council means North Sydney Council. Individual Owner means the owners of lot 95 or the owners of lot 60 as the context may require. Individual Owner s Works means the works to the Individual Lot and common property to be carried out for and in connection with the Individual Owner s Renovations together with the restoration of the Individual Lot and common property damaged by the works and all of which are to be conducted strictly in accordance with the Specifications and provisions of this by-law. (g) Individual Lot means either lot 95 or lot 60 in strata plan 5637 as the context may require. (h) Lots means lot 95 and lot 60 in strata plan (i) Owners means the owners of Lot 95 and the owners of Lot 60. (j) Owners Corporation means the owners corporation created by the registration of strata plan registration no (k) (l) Individual Owner s Renovations means the removal of the existing aluminium balcony window and door units affixed to the Individual Lot and common property, and the replacement of that unit with a new aluminium balcony door unit of a style which includes stacker, bifold and concertina folding door units. Specifications means the specifications of the Individual Owner s Renovations submitted (and approved) with an application for approval for the Individual Owner s Works made to the Owners Corporation in accordance with this special By-law Interpretation In this by-law, unless the context otherwise requires: any terms in the by-law will have the same meaning as those defined in Act; (b) references to legislation include references to amending and replacing legislation; and (c) reference to the Individual Owner in this bylaw includes any of the Individual Owner s executors, administrators, successors, permitted assigns or transferees. PART 3 CONDITIONS 3.1 Prior to commencement of the Individual Owner s Works Prior to the commencement of the Individual Owner s Works; a) the Individual Owner shall comply with the conditions set out in Special By-Law 8 of the By-Laws of SP 5637; and b) the Owners must pay in equal proportions the Owners Corporation's reasonable costs in preparing, making and registering this bylaw (including legal and strata management costs), such payment to be made within 21 days of receipt of a request by the Owner s Corporation or their representative. 3.2 Compliant Works When determining the Individual Owner s application pursuant to Special By-Law 8 of the By-Laws of SP 5637 for the Owners Corporation approval of the Individual Owner s Renovations, the Owners Corporation can have regard to

6 SP Crows Nest Rd, Waverton NSW of 7 whether the proposed replacement balcony door units as referred to in the Individual Owner s Renovations are: in keeping with the appearance and amenity of the Building in the reasonable opinion of the Owners Corporation; and (b) going to be manufactured from materials similar in appearance to the door units which are being replaced; and (c) going to be finished either in a brushed or anodised aluminium finish, or are going to be coated in a finish which replicates brushed or anodised aluminium; and (d) designed, and are going to be manufactured to specifications for residential use. 3.3 During the performance of the Individual Owner s Works During the process of the performance of the Individual Owner s Works, the Individual Owner must ensure the Individual Owner s Works comply with the provisions of Special By-Law 8 of the By-Laws of SP After installation of the Individual Owner s Works After the installation of the Individual Owner s Works is completed, the Individual Owner must without unreasonable delay: notify the Owners Corporation that the installation of the Individual Owner s Works has been completed; and (b) provide the Owners Corporation's nominated representative(s) access to inspect the Individual Lot within 48 hours of any request from the Owners Corporation to assess compliance with this by-law or any consents provided under this by-law. The Owners Corporation's right to access the Individual Lot arising under this by-law expires once it is reasonably satisfied that the works have been completed in accordance with the requirements of this by-law. 3.5 Enduring rights and obligations The Individual Owner must: not carry out any alterations or additions or do any works (other than the Individual Owner s Works expressly approved under this by-law for the Individual Owner s Lot); (b) not vary the Individual Owner s Works (except as expressly contemplated by this by-law) without the approval of the Owners Corporation; (c) at the Individual Owner s cost properly maintain and upkeep the Individual Owner s Works in a state of good and serviceable repair; (d) at the Individual Owner s cost properly maintain and upkeep those parts of the common property in contact with the Individual Owner s Works; use reasonable endeavours to cause as little disruption as possible when performing the Individual Owner s Works; remain liable for any damage to lot or common property arising out of or in connection with the Individual Owner s Works (or their use) and will make good that damage immediately after it has occurred; and (g) comply with all directions, orders and requirements of any Authority relating to the use of the Individual Owner s Works; (h) ensure the Individual Owner s Works do not cause water to escape or water penetration to lot or common property (including the Individual Lot); and (i) indemnify and keep indemnified the Owners Corporation against any costs or losses arising out of or in connection with the Individual Owner s Works including their installation, repair, maintenance, replacement, removal and/or use. 3.6 Failure to comply with this by-law If the Individual Owner fails to comply with any obligation under this by-law the Owners Corporation may: carry out all work necessary to perform that obligation; (b) recover the costs of such work from the Individual Owner as a debt due; and (c) recover from the Individual Owner the amount of any fine or fee which may be charged to the Owners Corporation for the cost of any inspection, certification or order. 3.7 Ownership of the Individual Owner s Works The Individual Owner s Works will always remain the property of the Individual Owner. 3.8 Applicability In the event that the Individual Owner desires to remove the Individual Owner s Works installed under this by-law (or otherwise), the provisions of Part 3 shall also apply in relation to that removal. Special By-Law 12 Visitor Parking Rules The Owners Strata Plan No (the Owners Corporation ) Speci al l y Resol ved, pursuant to section 47 of the Strata Schemes Management Act 1996 (the Act ), to make an additional by-law for the benefit of all owners in the strata scheme in the following terms 1. Only bona fide visitors (i.e. people who do not live at SP5637 and are casually visiting a resident) can legally park in Visitor Parking spaces. 2. Residents (i.e. owners and t enants) are not permitted to park in Visitor Parking spaces at any time. Unless, residents are permitted to park in the visitors parking for a period of up to but no more than an hour for the purpose of offloading

7 SP Crows Nest Rd, Waverton NSW of 7 and loading goods. Or by special permission of the owners corporation or building manager. 3. Visitors may park in Visitors Parking spaces for a maximum of three (3) successive calendar days or part thereof. Thereafter, they must vacate the Visitor Parking space they have been occupying. 4. Long-term Visitors (i.e. bona fide visitors who plan on being at SP5637 for a continuous period of 3 days or more) must register with the Building Manager and come to agreed parking arrangements for the duration of their stay. 5. Persons who are not residents but, nevertheless, regularly stay with a resident for 4 or more days per week on an ongoing basis shall be deemed to be residents for the purposes of the Visitor Parking Rules. 6. Deemed Residents have the same restrictions in respect of Visitor Parking spaces as do all other residents. 7. The Building Manager is authorised to take action against offenders of these rules by issuing written warnings (which may be in the form of window stickers) to the offender(s); (b) instructing the Strata Manager to take action against the offender(s) in the CTTT; and/or (c) organizing for the offending vehicle(s) to be towed away. 8. Any costs incurred by the Owners Corporation in pursuant of these parking rules shall be due to the Owners Corporation by the offender(s) as a debt and may be legally recovered accordingly. 9. These restrictions shall not apply to either the Building Manager or any other worker for SP5637 and each of them may use Visitor parking spaces as required when carrying out their appointed duties. Special By-Law 13 Requirements if you Lease your Apartment If you lease or license your Apartment, you must: (b) (c) Provide your tenant or licensee with an up-todate copy of the by-laws; and Ensure that your tenant or licensee and their visitors comply with the by-laws, and Take all action available to you, including action under the lease or license agreement, to make; them comply or leave SP5637.