LUCAS 18 18 OTEHA VALLEY ROAD EXTENSION, ALBANY BODY CORPORATE OPERATIONAL RULES BODY CORPORATE NUMBER TO BE ADVISED 1. Interpretation of Terms, and Rules Binding on Owners, Occupiers, Employees, Agents, Customers, Invitees, Licensees and Tenants Terms defined in the Unit Titles Act 2010 ("Act") have the same meaning in these rules as they have in the Act, unless the context otherwise requires. These rules are binding on all owners and occupiers of units in the unit title development as well as the employees, agents, invitees, customers, licensees and tenants of all owners and occupiers of units in the unit title development. "Owner" has the same meaning in these rules as it has in the Act, and for the purposes of these rules it also includes occupiers of a unit in the unit title development and the employees, agents, invitees, customers, licensees and tenants of all owners and occupiers of units in the unit title development, unless the context otherwise requires. Manager/Secretary means the company, or individual/s that provides the services of an administrator and performs the delegated duties of the Chairperson or Committee as appointed by the Body Corporate from time to time. 2. Interference and Obstruction of Common Property An Owner of a unit must not: (g) (h) Interfere with the reasonable use or enjoyment of the common property by other Owners. Should this be disputed and where a committee has been appointed the judgement of the committee majority shall be accepted, otherwise the manager shall make such a determination; Obstruct any lawful use of the common property by other Owners; and Restrict any light or air in any unit or common property, or obstruct or cover any windows, sky lights, lights or other means of illumination of any unit or common property. Erect any fence, wall, temporary structure, building, shed or other barrier on any unit or accessory unit or part thereof without the prior written consent of the Body Corporate and the immediately adjacent unit Owners. Any fence for which consent is given shall be of such design as is specified by the Body Corporate for such fences. Any existing or approved fence, wall, temporary structures, building, shed or other barrier shall not be painted, or stained without first obtaining the approval of the Body Corporate as to colour. Any fence, wall, or other barrier installed under this rule, or installed as part of the original development shall not be removed or altered without first obtaining the approval of the Body Corporate; Obstruct any of the pathways and driveways on the land or any easement giving access to the land by any of the Owners or occupiers of the units or use by them for any other purpose than the reasonable ingress and egress to and from their respective units or accessory units; Obstruct nor deposit nor throw anything on any path, road or entranceway nor damage nor dirty any part thereof. No maintenance or repair work shall be carried out on any motor vehicle, boat, or apparatus in any such places or common property; Store or leave anything on the common property or in any of the accessory units except in any area or areas that may from time to time be designated for that purpose by the Body Corporate; Smoke in the common areas of the building;
2 (j) (k) Permit any shipping container or similar to be placed on the common property or on an accessory units without first obtaining the permission of the Body Corporate. Any damage caused to the common property from such a container will be the responsibility of the unit owner whose unit the container relates to. All such steps as necessary to prevent damage must be taken; Permit the exterior of his/her unit to be painted or refurbished except where approved by the Body Corporate, approval of which shall not be unreasonably withheld; Change the physical appearance of the building exterior (including but not limited to roller doors) unless the proposed changes are part of the original design already incorporated elsewhere within the property. Prior to any such changes being made, building consent must first be obtained and body corporate approval received before any work is undertaken. 3. Damage to Common Property An Owner of a unit must not: Damage or deface the common property; and Drive, operate or use, or permit to be driven, operated or used, any vehicle or machinery on the common property of a size and weight that is likely to cause damage to the common property and any such damage caused or contributed to shall be paid for by the Owner responsible. 4. Use of Facilities, Assets and Improvements Within the Common Property 5. Vehicle Parking An Owner of a unit must not use any facilities contained within the common property or any assets and improvements that form part of the common property for any use other than the use for which those facilities, assets or improvements were designed and constructed and must comply with any conditions of use for such facilities or assets or improvements set by the Body Corporate from time to time. Any part of the common property that is used as an entrance or accessway to the unit title development and any easement area giving access to the unit title development shall not be used by any Owner for any other purpose than for entering or leaving the unit title development. An Owner of a unit must not park a vehicle or permit a vehicle to be parked on any part of the common property unless the Body Corporate has designated it for vehicle parking or the Body Corporate has given prior written consent. The Body Corporate may from time to time designate common property vehicle parking for the use of visitors or customers of a particular unit or units. An Owner of a unit that is designated for use as a vehicle park must: (ii) (iii) (iv) (v) (vi) (vii) (viii) only use the vehicle park for the purpose of parking vehicles; ensure the vehicle park is kept tidy and free of litter; not use the vehicle park or permit it to be used for storage; not store any vehicle that is not in running condition in any accessory unit or on the common property, nor carry out any repair work on the vehicle; not park any vehicle in any car park designated as a disabled car park without displaying relevant identification; ensure that any vehicle parked in the vehicle park is parked within the boundaries of the vehicle park; not park on any part of common property designated by the Body Corporate for use by another unit or for the visitors or customers of another unit; not park or stand any vehicle on the common property or in any car park except those accessory units designated to the relevant unit on the unit plan
3 (ix) (x) or in an accessory unit belonging to another Owner who has granted permission for a vehicle to be parked there; not park any vehicle on the common property or an accessory unit that leaks diesel, petrol or other fluid which may stain or damage the surface of the common property or accessory unit. must clearly mark any vehicle parks designated solely for use by employees or customers of the Owner. The Body Corporate may remove a vehicle from the unit title development that the Body Corporate considers is parked in such a manner that is in breach of this rule 5, at the expense of the owner of the vehicle concerned, and the Body Corporate shall not be liable for any resulting damage, loss or costs. 6. Aerials, Satellite Dishes and Antennas An Owner of a unit must not erect, fix or place any aerial, satellite dish, antenna or similar device on or to the exterior of a unit or on or to common property without the prior written consent of the Body Corporate which shall not be unreasonably or arbitrarily withheld. The consent of the Body Corporate may be withheld, varied or revoked if the rights of another Owner are adversely affected by the exterior aerial, satellite dish, antenna or similar device. 7. Signs, Notices, Advertising and Promotion An Owner of a unit must not, without the prior written consent of the Body Corporate which shall not be arbitrarily or unreasonably withheld, erect, fix, place or paint any signs or notices of any kind on or to any part of the common property or on or to any external part of a unit. An Owner of a unit must not display any temporary or mobile signage, including but not limited to sandwich boards and portable banners ("temporary signage"), at any time other than during the opening hours of the business operating from a unit, and must not display any temporary signage on the common property or any accessory unit without the prior written consent of the Body Corporate which shall not be arbitrarily or unreasonably withheld. An Owner of a unit must not display any goods or services on common property or any accessory unit or use the common property or any accessory unit for any business, promotional or commercial purpose without prior written consent of the Body Corporate which shall not be arbitrarily or unreasonably withheld. 8. Contractors An Owner of a unit who carries out any repair, maintenance, additions, alterations or other such work on a unit must ensure that any contractors or other such persons employed by the Owner cause minimum inconvenience to all other Owners and ensure that such work is carried out in a proper workmanlike manner. 9. Restrictions on use of Units An Owner of a unit (including any accessory unit) shall not: Use or permit his/her unit to be used for any purpose other than in the case of residential property for residential accommodation or in the case of commercial property for such use as may be permitted from time to time by the zoning provisions of the Local Authority having jurisdiction over the unit. Permit a use that is illegal, noisome, noxious, not compliant with local authority requirements, or may be injurious to the reputation of the unit title development or of the Owners or occupiers of units, or which may interfere with the general management of the unit title development. Except as permitted otherwise in writing by the Body Corporate permit a unit to be used as a workshop or office for panel beating, marine and/or vehicle painting, structural steel fabrication, concrete product manufacturing, commercial boat building,
4 motor repair and/or wrecking, tow truck operation, mechanical repairs, plastic recycling, disassembling and/or storage and/or sale of used vehicle parts, Internet café or chat-room facility, open yard hire or industrial premise, metal forging or smelting or melting process, undertaker or funeral or chapel services, or storage of dangerous or bio-hazardous goods or materials; (g) (h) (j) (k) (l) Hold any auction or garage sale or liquidation sale in any part of the Owner s unit or common property without approval of the Body Corporate such approval shall not be unreasonably withheld; Use any chemicals, burning fluids, acetylene gas or alcohol in any lighting or heating of the premises nor in any other way cause or increase the risk of fire or explosion in his/her unit; Bring anything into his/her unit that, due to its weight, nature or description, will impose or cause any stress or strain or weight likely to damage, weaken or cause movement or structural defect in any part of the unit title development; Permit air conditioning units, heat pumps, extractors or other appliances or machinery to be erected or attached to the windows or exterior of the building without the consent of the Body Corporate. Any unauthorised installations of this type must be removed at the cost of the Owner of the respective unit. Erect external blinds or hang curtains or blinds visible from the outside of the unit unless those curtains have a backing of such colour and design approved by the Body Corporate. In giving such approval the Body Corporate shall ensure so far as practicable that curtain backing used in all units presents a uniform and orderly appearance when viewed from the outside of the unit title development; Hang, install or display in such a way as to be visible from the common property or roadway any articles or material that may detract from the quality and tidy appearance of the unit title development (including, without limitation, washing lines, air-conditioning units and advertising banners); Have (in the case of residential units) more than two permanent residents per bedroom, without the prior written approval of the Body Corporate. Permit the use of any unit or any other part of the property for the purposes of operation of a brothel or the provision of commercial sexual services, escort agency or the operation of the business of prostitution within the meaning of those terms as contained in the Prostitution Reform Act 2003. An Owner shall, when, in the opinion of the Body Corporate, a need arises, replace at the Owner s own cost any blinds, awning or curtains in that Owner s unit. 10. Rubbish An Owner of a unit shall comply with all Body Corporate requirements relating to rubbish disposal, including without limitation, the following: Areas designated for rubbish collection by the Body Corporate on common property shall be for residential rubbish only (including residential recycling material, refuse, waste or other material); To not leave rubbish (including recycling material, refuse or waste, dirt or other material) on the common property except in areas designated for rubbish collection by the Body Corporate and in accordance with clause 10, and where such material is left in a designated rubbish collection area it must not be left in such a way that interferes with the enjoyment of the common property by other Owners; Trade and/or Commercial rubbish (including recycling material, refuse, waste or other material) shall be disposed of by the Owner of the relevant unit at their own cost and the Owner of such unit shall ensure that disposal of trade and/or commercial rubbish shall not interfere with the enjoyment of the common property by other Owners and any guests or visitors;
5 Any general Litter Management Plan in place from time to time. 11. Cleaning and Garden Maintenance An Owner of a unit must ensure the unit is kept clean at all times and any gardens, grounds, yards or paved areas within the unit are kept neat and tidy and are regularly maintained. An Owner of a unit must not: Allow an accessory unit garden or courtyard to become overgrown with weeds, or be kept in an untidy state. Should this be disputed and where a committee has been appointed the judgement of the committee majority shall be accepted, otherwise the manager shall make such a determination; Plant any variety of trees, shrub or plant which would or would be likely to adversely affect the light or view of any unit. 12. Cleaning and Replacing Glass An Owner of a unit must keep clean all glass contained in windows or doors of a unit, and replace any cracked or broken glass as soon as possible with glass of the same or better weight and quality. 13. Lawns and Gardens on Common Property An Owner of a unit must not cut, trim, prune or damage any lawn, garden, tree, shrub, plant or flower being part of or situated on the common property or use any part of the common property as a garden for their own purposes except with the prior written consent of the Body Corporate. 14. Use of Water Services 15. Washing All things required for the provision of water supply, drainage, wastewater and sewage services to units or common property and all things attached to and used in relation to such services, including but not limited to pipes, drains, taps, faucets, toilets, baths, showers, sinks, sink incinerators and dishwashers, must only be used for the purpose for which they were designed and constructed. If any Owner causes or permits any damage, loss or costs to be incurred due to misuse or negligence that Owner shall pay for such damage, loss or costs. An Owner of a unit shall not waste water unnecessarily and shall ensure that all taps in the unit are turned off after use. An Owner of a unit: shall not, without the prior written consent of the Body Corporate which shall not be unreasonably or arbitrarily withheld, erect or fix any washing lines, poles or other such drying apparatus for a similar purpose (either temporary or permanent) ("drying apparatus") outside a unit or outside any building contained in a unit, or on or to the exterior of a unit or on or to the exterior of any building contained in a unit; shall not hang any clothes, washing, bedding, towels or other items outside a unit or outside any building contained in a unit, other than on any drying apparatus for which Body Corporate consent has been obtained in accordance with rule 15; and shall not hang any clothes, washing, bedding, towels or other items on the common property other than on parts of the common property designated by the Body Corporate as washing line areas, and such items may only be hung for a reasonable period.
6 16. Security and Ventilation Equipment An Owner of a unit shall comply at all times with the operating and maintenance instructions of any security, fire alarm, air conditioning or ventilation equipment in the unit. 17. Floor Coverings Except in kitchen, laundry, toilet or bathroom areas of a unit, an Owner of a unit must ensure that all floor space in a unit is covered or otherwise treated to an extent sufficient to prevent noise transmission from the unit that is likely to disturb the quiet enjoyment that could reasonably be expected by the Owner of another unit. 18. Noise, Disturbances and Conduct An Owner shall not: Make or countenance any undue noise in or about any unit or common property. This specifically includes noise from use of the common property between the hours of 11pm and 7am. Noise control shall be enforced as per the relevant local body bylaws with the modification that decibel readings shall be taken from within the common property of the unit title development rather than from the roadside; In addition to 18, the following sound limits apply to the ground floor of each unit: (ii) Between 7am and 10pm, the sound level shall be no more than L10 60 dba as measured at 1 meter from the façade and each exterior wall of the ground floor; and Between 10pm and 7am, the sound level shall be no more than L10 55 dba as measured at 1 meter from the façade and each exterior wall of the ground floor. (g) (h) Use his/her unit or permit it to be used in such a manner or such purpose as to cause an unreasonable nuisance or disturbance to any occupier of any unit or the customers of any such Owner; Do or permit to be done anything whereby any obstruction, restriction or hindrance may be caused to the entrances, exits, common property or to persons lawfully using the same or carry on any home occupation or other activity which shall increase the traffic flow above that which is expected in a commercial/residential zone; Play or have in use any musical instrument, stereo, radio, television, washing machine, clothes drier, waste-master, internal combustion engine or any other machine at any time of the day or night in such manner as to unreasonably disturb, irritate or annoy any occupant in any unit or common property; Deposit anything or throw any dust or beat any mat or carpet on or in, or obstruct the use or enjoyment by any other Owners or occupiers of units or the common property, or allow any fire or incinerator to be ignited in or upon the unit, the common property or any part thereof, unless in accordance with such directions as may be given by the Body Corporate from time to time; Use language or behaviour in a manner likely to cause offence or embarrassment to any other Owner with normal standards; Make any complaint to the council in regard to permitted activities within the business/residential zone, provided such activities are operating in accordance with council regulations and in accordance with any restrictions imposed as part of resource consent. 19. Pets An Owner of a unit must not, without the prior written consent of the Body Corporate or its committee, bring or keep any animal or pet in any unit or the common property. Any such animal so approved is conditional on the following:
7 Such animal or pet does not interfere with the quiet and reasonable enjoyment of the other owners or occupiers or create a nuisance; Any such animal or pet that creates a nuisance in the opinion of the Body Corporate shall, if the nuisance continues, after one letter of warning from the Body Corporate, be removed from the property permanently at the request of the Body Corporate; The keeping of such an animal or pet does not breach any regulations of the territorial authority, or be a breach of the Act; The Owner or occupier notifies in writing the body corporate secretary of the existence of such animal or pet. 20. Security An Owner of a unit must: (g) 21. Delivery Areas keep the unit locked and all doors and windows closed and securely fastened at all times when the unit is not occupied, and do all things reasonably necessary to protect the unit from fire, theft or damage; take all reasonable steps to ensure any electronic security cards, security keys or security codes to a unit or common property are not lost, destroyed or stolen or given to anyone other than a registered proprietor, occupier or tenant of the unit to which the security card, security key or security code relates; not duplicate or permit to be duplicated any electronic security cards, security keys or security codes to a unit or common property; and not tamper with the common security or safety system or adjust any security codes without the permission of the Body Corporate; not disclose any common security codes to anyone who is not a resident or tenant in the development; notify the Body Corporate as soon as reasonably practicable if rules 20- are breached; observe and perform all rules and regulations relating to the security of the unit title development as the Body Corporate shall from time to time prescribe. Any part of common property designated by the Body Corporate as an area for the receipt, delivery or other movement of goods, supplies, produce, merchandise, freight, or other articles, including but not limited to a loading dock or lift designed for goods only, (together called "delivery area"), must only be used: (ii) (iii) by Owners of units or anyone permitted by an Owner; for the purpose for which it was designed and constructed; and during certain hours set by the Body Corporate from time to time. Any delivery area in a unit must only be used by the Owner of the unit or anyone permitted by the Owner, and must only be used for the purpose for which it was designed and constructed. An Owner of a unit that contains a delivery area must not move any goods, supplies, produce, merchandise, freight, or other articles in or out of the unit except through the delivery area. 22. Hazards, Insurance and Fire Safety An Owner of a unit must not bring onto, use, store, or do, in a unit or any part of the common property anything that: increases the premium on or is in breach of any Body Corporate insurance policy for the unit title development; or
8 is in breach of any enactment or rule of law relating to fire, insurance, hazardous substances or dangerous goods, or any requirements of any Territorial Authority; or creates a hazard of any kind; or affects the operation of fire safety devices and equipment or reduces the level of fire safety in the unit title development. 23. Emergency Evacuation Drills and Procedures An Owner of a unit must cooperate with the Body Corporate during any emergency evacuation drills and must observe and comply with all emergency evacuation procedures. 24. Notice of Damage, Defects, Accidents or Injury Upon becoming aware of any damage or defect in any part of the unit title development including its services (including but not limited to the water pipes, gas pipes, electrical installations, and fixtures), or any accident or injury to any person in the unit title development, an Owner of a unit must immediately notify the Body Corporate. The Body Corporate shall have authority by its agents or servants in the circumstances having regard to the urgency involved to examine or make such repairs or renovations as they deem necessary to the safety and preservation of the unit title development as often as may be necessary. Any cost to repair any such damage or defect shall be paid by the Owner that caused or permitted the damage or defect. The cost of repairs to or rectification of any damage or blockage resulting to the waste pipes and drains, water apparatus from misuse or negligence shall be borne by the Owner who caused the damage, regardless of whether the damage was caused by their own actions or those members of their household, or their servants, agents, tenants or invitees. 25. Compliance With Sale of Liquor Act and Other Statutes Where a business operating from a unit is subject to the Sale of Liquor Act 1989 or any other statute, regulation or enactment to which the business is subject (together called "statute") the unit Owner must ensure that the requirements of the statute are complied with at all times and must take all reasonable steps to ensure that the business operation does not interfere with the use and enjoyment of the unit title development by other Owners. 26. Leasing a Unit An Owner of a unit must: provide a full copy of these rules and a full copy of all future amendments to these rules to any tenant or occupier of the unit; and provide the Body Corporate with written notice of the full name, landline phone number, cell phone number, email address and address for service for the purposes of the Act for the Owner and for all tenants or occupants of the unit and promptly notify the Body Corporate in writing of any changes to such details. 27. Procedure and Management The Body Corporate may make such rules and regulations as it may deem necessary or desirable from time to time in relation to the use, safety and cleanliness of the units and the common property and the conduct of the Owners and all occupiers and visitors who shall at all times observe and perform such rules and regulations. The Body Corporate shall have the right to require the Owner of any unit to perform, from time to time, fire or disaster drills and observe all necessary and proper emergency evacuation procedures and the Owner shall cooperate with the Body Corporate in observing and performing such rules and procedures.
9 All requests for consideration of any particular matter to be referred to the committee of the Body Corporate shall be directed to the Manager/Secretary in the first instance and not the Chairperson or any members of the committee. Owners shall not directly instruct any contractors or workmen employed by the Body Corporate unless authorised to do so. For the purpose of ensuring adequate and proper control and management of units and the common property at all times, every Owner shall use his/her best endeavours to ensure that all visitors, invitees, servants, employees, agents, children, licensees and tenants are aware of these rules. These Rules shall be interpreted with the reasonable latitude necessary to enable an Owner or occupier or the developer, who shall be in the course of permitted construction or development in their unit, to carry out and complete such works, notwithstanding that they may temporarily interfere with the peaceful enjoyment of the other units.