COOLOOLA WATERS RETIREMENT VILLAGE DOCUMENT NUMBER BY-LAWS COOLOOLA WATERS RETIREMENT VILLAGE
BY-LAWS (current as at 1 July 2017) 1. PROPERTY Residents shall not mark, paint, drive nails or screws into or otherwise damage or deface any structure that forms part of the Retirement village without written approval of the Scheme Operator. Residents shall report in writing to the Scheme Operator any property or equipment needing maintenance. Residents shall co-operate with the Scheme Operator in the preservation of the garden areas. Residents shall accept full responsibility for the loss or damage of any valuables, monies or personal effects. Residents shall not deposit any fat or other waste matter in the sewerage or drain pipes. 2. UNIT FURNISHINGS The Resident shall not use or install any kerosene or oil burning appliances without the consent of the Scheme Operator. 3. DOMESTIC Residents shall keep Residential Units clean and tidy to the satisfaction of the Scheme Operator.
4. ABSENCES, TRANSFERS, ETC. Residents who will be absent overnight or for longer periods are required to notify the Scheme Operator beforehand. Residents are required to advise the Scheme Operator of the name and address of next-of-kin and to advise any change through death, etc. Residents are required to advise the Scheme Operator of the name and address of the executor appointed in Wills of residents and the location of such documents. 5. HEALTH Residents are required to name a doctor to attend to them. The names of local doctors are available from the Scheme Operator should a regular doctor not be available. In the event of sudden illness, the Scheme Operator may engage medical assistance at the Resident s expense and in an emergency, in regard to which the Manager or its representative is the sole judge, authority is given to the Scheme Operator to have the Resident removed to hospital at the Resident s expense. In the event of any infectious disease occurring the Scheme Operator must be notified immediately. The Residential Unit will be thoroughly fumigated and disinfected at the Resident s expense to the requirements of any authority having jurisdiction in relation thereto. 6. BEHAVIOUR Unacceptable behaviour is not tolerated in this Village. Unacceptable behaviour includes the following:- Unacceptable language such as swearing, profanities, verbal abuse,
threats, harassment, intimidation, insults, slander and any other language which is likely to cause marked emotional distress, whether person to person, by phone or any other means of communication. Unacceptable gossip which spreads untruths, lies, or is hurtful to staff or residents. Unacceptable written material such as letters, notes, emails, SMS messages or any other written material which is seen or distributed to staff or residents or any other person within the wider community and which is libellous or is abusive, threatening, intimidatory, insulting or inflammatory. Unacceptable behaviour such as physical assault, damage to other people s property, damage to company or common property, excessive noise, pranks designed to harass, embarrass, intimidate or threaten, and acting so as to cause the other person to fear they are about to be assaulted. Unacceptable behaviour should be reported to the HR Manager in writing, unless the complaint is about the behaviour of the manager, when the matter should be reported to the Board of Directors of the company. The HR manager will then speak to all parties and attempt to resolve the conflict. Those people who have displayed unacceptable behaviour will be admonished and asked to apologise to the injured person and advised not to repeat that behaviour in the future. In the case of more serious or repeated unacceptable behaviour, the incident will be referred to the Board and the person concerned may receive a warning letter from the company s solicitor on the order of the Board of Directors. If a resident continues to engage in unacceptable behaviour despite warnings and attempts to resolve any problems, then the Board may decide that that resident is not suitable for residence in a retirement village and take all legally correct steps to remove that resident from our Village. If a staff member continues to engage in unacceptable behaviour despite warnings and attempts to resolve any problems, then this will form grounds for
dismissal. These by laws apply equally to all staff employed by the Village, all residents and all guests and family of residents. Residents are responsible for the behaviour of all their guests and visitors. The manager may ban guests and visitors who exhibit unacceptable behaviour from entering Village grounds, although this has to be approved by the Board before it can be implemented. If you are having a problem with a neighbour, please report it to the HR manager rather than dealing with it yourself in case you overreact. The Board expects every person, staff, resident and visitor, in the Village to show respect and common courtesy to every other person within the Village regardless as to whether you dislike the other person or disagree with them or have a dispute with them, There are comprehensive avenues for handling disputes and complaints within the Village. You are expected to use these avenues for resolving disputes and conflicts rather than taking matters into your own hands. By showing goodwill to one another and complying with these by- laws we can ensure a happy, peaceful and fulfilling Village life. 7. PETS There is a maximum of 1 (one) pet allowed per unit. A pet is defined as goldfish sufficient for 1 fish bowl (kept inside the unit) or 1 large caged bird or 2 small birds in a single cage (eg budgerigars) or 1 cat or 1 small dog. No other animals are allowed to be kept as pets. The Board may exercise some discretion concerning number of pets allowed on a case by case basis. All pets must be well cared for. This includes giving the pet the correct food in the correct amount and frequency, exercising the pet regularly in the case of a dog, providing sufficient love and attention to the pet, and keeping the pet clean, free of disease and in good health (including any vaccinations and veterinary checks that are
normally required.) There must be no problems with excessive noise or prolonged noise such as would frequently disturb other residents. Eg. Excessive barking or yowling at night. There must be no noise generated by the pet after 9pm or before 7am. There must not be a hygiene or public health problem as a result of having the pet. Faeces must be disposed of promptly and adequately, so that flies are not able to breed in the droppings. The interior of the unit must be kept in a clean and tidy condition and must be kept free of vermin especially if the pet is allowed inside the unit. The pet must not display any boisterous or aggressive behaviour to other residents or to its owner eg. Jumping up on other people, attacking or threatening to attack other people. All dogs must be on a leash when outside the owner s unit and courtyard. No pet is allowed to roam outside the owner s unit &/or courtyard, whilst not under the direct control of the owner, especially at night. This includes cats. If the manager or administrator is concerned that one or more of these conditions are not being met, then he will contact the owner and speak to him about the problem and any possible solutions. If the manager or administrator is concerned there is a hygiene or public health problem, he may also request to inspect the owner s premises at a mutually agreeable time to confirm whether this is the case or not. After discussion with the owner then, proposals to correct the problem(s) will be suggested. If a breach of these by-laws continues, then the owner will be given notice to remove the pet from the Village. If in the opinion of the manager or administrator these conditions are not being met then the manager or administration may order the removal of the pet from the Retirement Village without notice. Notice given may vary from immediate to 1 week depending on the seriousness of the breach of these conditions. The Board will always
confirm the removal order before it becomes final. This confirmation will be obtained as soon as possible, however in the interim the pet must be removed from the village as per the manager or administrator s order. Dogs and cats are not allowed inside the Clubhouse, Workshop, storage sheds or in the pool areas. They may accompany you on the verandas of the clubhouse. 8. SMOKING POLICY Smoking is not permitted in the Common Facilities, including the clubhouse, indoor and outdoor pools, workshop, storage area, and croquet lawn and entertainment area. It is also not permitted within 3 meters of these premises. Smoking should be avoided within 3 meters of a neighbour s open doors or windows where possible if there is smoke drift to these areas. 9. STORAGE AREA NEXT TO WORK SHED The storage area is for the storage of boat equipment belonging to the boats being stored in the undercover boat / van storage area and for the storage of crab pots and fishing gear. Other items that are available for use by all residents may also be stored here but only with the manager s written approval. Any new storage units placed in the area must first be approved in writing by the manager who will determine the maximum size of the storage unit and what can be stored in it. The residents who use the area must keep it clean and tidy. 10. WORK SHED The work shed is for the use of residents and staff only. It is to be used for woodwork, metalwork, hobbies and craftwork. There is to be no general storage in the shed.
No person under the age of 18 may enter this area. No pets are allowed inside the shed. After working in the shed it is to be swept with debris being placed in the bin provided. It is to be kept clean and tidy at the end of the day. Safety equipment should be used where appropriate. There must be no smoking inside the shed or within 3 meters. No fuel or flammable substances are to be stored in the shed. The shed may be used for the storage of tools and materials being used for active projects. The manager must give permission for such storage. The manager determines the overall operation of the shed after consultation with those residents using the shed. 11. UNDERCOVER BOAT / VAN STORAGE The manager will allocate the 6 spaces available for boat / van storage every 6 months. All vehicles must fit into the available spaces without overhanging the concrete slab or potentially interfering with access to the utilities located immediately infront of this area. No more than one (1) vehicle per unit will be allocated to this area. All boats and vans must be actively used during the previous 6 months and must be registered with the Department of Transport. Active use is the resident taking their boat out onto the water on at least 3 separate occasions every 6 months or the resident taking their van out for a trip at least 2 weeks every 6 months The manager s decision re allocation of spaces is final. 12. VISITOR PARKING Visitors may use the designated visitor car parking provided in driveways 1, 2 and 3 for temporary parking whilst visiting residents of Cooloola Waters. Vans, boats and trailers are not to use these parking spaces. Permission from the manager should be obtained for any parking longer than 2 days. Tradesmen may also use these car parks whilst doing work at Cooloola Waters but vehicles must not be left there overnight.
Vehicles must not be parked in driveways except for the purpose of loading and unloading. The manager will have the final say in any dispute over car parking. 13. COMMUNITY VEGETABLE GARDEN The community vegetable garden is several raised garden beds available to all residents to grow vegetables and strawberries. The produce is for the personal consumption of the resident growing the produce. However any produce in excess of their personal needs is to be made available to other residents for their personal consumption free of charge. The manager will supervise the use of the garden as necessary and will settle and resolve any disputes or complaints regarding its use. The manager s decision in these matters will be final. There are also several fruit trees in the area behind the outdoor pool fence with a herb garden beneath. This produce is for the enjoyment and use of all residents. 14. GENERAL Residents are requested to co-operate with the Scheme Operator and its staff in the exercise or performance of their duties and shall at all times comply with their reasonable instructions. Residents shall not use or enjoy the Residential Unit or common areas in such manner or for such purpose as to interfere with the use and enjoyment of other Residential Units or common areas by any other Resident or person legally using those areas. Residents shall not collect monies for appeals or presentations without the approval of
the Scheme Operator. Residents shall not display notices and the same shall not be displayed anywhere in the Retirement Village without the written consent of the Scheme Operator which may be withdrawn at any time. The Scheme Operator reserves the right to enter any Residential Unit at any reasonable time during the day for the purposes of carrying out its duties but acknowledges the right of a Resident to the peaceful enjoyment of his or her Unit. Residents may have friends or relatives visit them at any time, but any friends or relatives may stay no longer than fourteen (14) days unless the Resident has the written approval of the Scheme Operator. Residents shall not, and shall ensure that their invitees do not, behave in a manner likely to cause a nuisance or embarrassment to any other person. Only approved electrical appliances may be used in Residential Units. Gambling is not permitted in the Residential Unit or in any other place in the Retirement Village. A copy of these By-laws, as amended from time to time, may be obtained from the Scheme Operator or Manager. 15. COMMON AREA GARDENS Common Area gardens must be ornamental and attractive and, if maintained by the village gardener, must also be low maintenance in nature. Vegetable patches are not allowed in common area gardens, but may be grown by a resident in their rear courtyard.
The produce of fruit trees in common area gardens is common property and must be made available to all residents. The mechanism for doing this is the decision of the village manager. If a resident looking after a common area garden does not, in the reasonable opinion of the manager, comply with the above requirements then the right to use and maintain the common area garden in question may, at the discretion of the village manager, be taken from that resident and transferred to the village gardener who will convert the garden to a low maintenance one. The village manager will work with residents to ensure that appropriate plants that are attractively landscaped are used in common area gardens. In any dispute about common area gardens the village manager will consult with all parties affected. The manager will then make a determination to settle the dispute and that decision will be final.
COOLOOLA WATERS RETIREMENT VILLAGE DOCUMENT NUMBER CERTIFICATE OF REGISTRATION AS A RETIREMENT VILLAGE SCHEME