Resident Information

Appendix A:

BODY CORPORATE RULES – OC1 PS 524252A

Registry’s electronic register

Instrument Number AM568873R

SPECIAL RULES

OWNERS CORPORATION RULES

1. DEFINITIONS

In these rules:

1. 1. 1. “Act” means the Owners Corporations Act 2006;
      2. “Building” means the building constructed on the Land at 11 The Esplanade and 6 Victoria Street, St Kilda;
      3. “Governmental Agency” means any governmental or semi-governmental, administrative, fiscal or judicial department, commission, authority, tribunal, agency or entity;
      4. “Land” means the whole of the land described in the Plan;
      5. “Lift” means any lift in the Building owned by the Owners Corporation.
      6. “Registered Manager” means the person for the time being appointed by the Owners Corporation as its Registered Manager or if no person is for the time being appointed, the secretary of the Owners Corporation;
      7. “Outgoings” shall include (but not necessarily limited to) all rates, charges, taxes and impositions (other than those levied directly against the Owner’s lot), insurances of the Buildings and improvements (including but not limited to public risk and reinstatement), cleaning, electricity, fire protection, maintenance of lifts, repairs and maintenance, security, bank fees, and associated government charges, garden maintenance, air conditioning of Common Property and like expenses associated with the maintenance and operation of the Common Property.
      8. “Plan” means plan of Subdivision No. PS 524252A;
      9. “Proprietor” includes the owner of a lot and an occupier of that lot;
      10. “Regulations” means the Owners Corporations Regulations 2007 and/or any regulations made under the Act from time to time;
      11. “Security Key” means key, swipe card or any other device to secure the Building or any part thereof, or to gain entry thereto.
      12. Unless the context otherwise requires:
          1. headings are for convenience only;
          2. words importing a gender include any gender;
          3. an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other Owners Corporation and any Governmental Agency;
          4. a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including, without limitation, persons taking by novation) and assigns;
          5. a reference to any statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws varying, consolidating or replacing them, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute;
          6. a reference to an Owners Corporation includes any elected committee of the Owners Corporation and/or committee owner; and
          7. a reference to a thing includes part of that thing.

The obligations and restrictions set out in these rules shall be read subject to the rights, grants or privileges that may be given to any person or persons by the Owners Corporation from time to time and to the extent of any inconsistency, such rights, grants or privileges prevail over these rules in respect of the person or persons to whom they are given.

1. HEALTH, SAFETY & SECURITY
   1. A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier, or user of another lot.
   2. Storage of flammable liquids and other dangerous substances and materials
      1. Except with the approval in writing of the owners corporation, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.
   3. This rule does not apply to—
      1. chemicals, liquids, gases or other material used or intended to be used for domestic purposes; or
      2. any chemical, liquid, gas or other material in a fuel tank of a motor vehicle or internal combustion engine.
   4. Waste disposal

An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.

1. MANAGEMENT & ADMINISTRATION
   1. Metering of services and apportionment of costs of services
      1. The owners corporation must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.
      2. If a supplier has issued an account to the owners corporation, the owners corporation cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.
      3. Subrule (b) does not apply if the concession or rebate—
         1. must be claimed by the lot owner or occupier and the owners corporation has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or
         2. is paid directly to the lot owner or occupier as a refund.
   2. Address of Owners

Each Proprietor of a Lot  must advise the Owners Corporation of the private address and telephone number of the Owner or if the Owner  is a company, the registered office of the company.  Each Owner must promptly inform the Owners Corporation of any change in the address and/or telephone number and/or registered office as the case may be.

1. 1. Owner’s Mail

A Proprietor of a Lot must and must ensure that the occupier of a Owner’s lot regularly clears the mail box for that Owner’s lot.  If the mail box is located on Common Property and is not regularly cleared a Owner must allow and must cause the occupier of that Owner’s lot to allow the Owners Corporation to clear the mail box.

1. 1. Lease of Lot

A Proprietor of a Lot  who does not occupy its lot must:

(a)        provide to the Owners Corporation the name of the tenant occupying its prior to the commencement of the tenancy;

(b)        incorporate these rules in any lease, licence or other occupancy agreement granted over a lot;

(c)        provide a copy of these rules to the tenant occupying its lot.

1. MINIMUM TERM
   1. Proprietors of a lot must not lease, sublease, licence, rent, hire or otherwise deal with a lot, or permit a lot to be leased, subleased, licensed, rented, hired or otherwise dealt with for a period less than 30 calendar days.
   2. Insofar as lots contain carparks and storage cages proprietors of a lot who lease, sublease, licence, rent, hire or otherwise deal with lots under Rule 29.1 shall only do so to other proprietors and must not lease, sublease, licence, rent, hire or otherwise deal with lots with any party who is not a proprietor.
2. LOTS
   1. Change of use of lots

An owner or occupier of a lot must give written notification to the owners corporation if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the owners corporation.

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.

1. USE OF COMMON PROPERTY
   1. Use of common property
      1. An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.
      2. An owner or occupier of a lot must not, without the written approval of the owners corporation, use for his or her own purposes as a garden any portion of the common property.
      3. An approval under subrule (b) may state a period for which the approval is granted.
      4. If the owners corporation has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.
      5. An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (d) must remove that animal.
      6. Subrules (d) and (e) do not apply to an animal that assists a person with an impairment or disability.
   2. Vehicles and parking on common property

An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle—

1. 1. 1. to be parked or left in parking spaces situated on common property and allocated for other lots; or
      2. on the common property so as to obstruct a driveway, pathway, entrance or exit to a lot; or
      3. in any place other than a parking area situated on common property specified for that purpose by the owners corporation.
   2. Damage to common property
      1. An owner or occupier of a lot must not damage or alter the common property without the written approval of the owners corporation.
      2. An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the owners corporation.
      3. An approval under subrule (a) or (b) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.
      4. An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.
      5. The owner or person referred to in subrule (d) must keep any device, screen or barrier installed in good order and repair.
2. BEHAVIOUR OF PERSONS
   1. Behaviour of owners, occupiers and invitees on common property

1. 1. (a)An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property;
   2. owners, occupiers and invitees must immediately abide by and obey the requests, demands and requirements of the Owners Corporation including, from time to time, the Owners Corporations Registered Manager, Building Manager or Committee member.

1. 1. Noise and other nuisance control
      1. An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property between the hours of Midnight and 8:00am.
      2. Subrule (a) does not apply to the making of a noise if the owners corporation has given written permission for the noise to be made.
2. DISPUTE RESOLUTION
   1. The grievance procedure set out in this rule applies to disputes involving a lot owner, manager, or an occupier or the owners corporation.
   2. The party making the complaint must prepare a written statement in the approved form.
   3. If there is a grievance committee of the owners corporation, it must be notified of the dispute by the complainant.
   4. If there is no grievance committee, the owners corporation must be notified of any dispute by the complainant, regardless of whether the owners corporation is an immediate party to the dispute.
   5. The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the owners corporation, within 14 working days after the dispute comes to the attention of all the parties.
   6. A party to the dispute may appoint a person to act or appear on his or her behalf at the meeting.
   7. If the dispute is not resolved, the grievance committee or owners corporation must notify each party of his or her right to take further action under Part 10 of the Owners Corporations Act 2006.
   8. This process is separate from and does not limit any further action under Part 10 of the Owners Corporations Act 2006.
3. SUPPORT AND PROVISION OF SERVICES
   1. Except for the purposes of maintenance and renewal and with the written consent of the Owners Corporation, a Proprietor of a lot must not do anything or permit anything to be done on or in relation to that lot or the common property so that:
      1. any support or shelter provided by that lot or the common property for any other lot or the common property is interfered with;
      2. the structural and functional integrity of any part of the common property is impaired;  or
      3. the passage or provision of services through the lot or the common property is interfered with; or
      4. the outward appearance of the lot or common property is altered or affected in any way.
   2. A Proprietor of a lot must not remove any adjoining walls to another apartment to make one large apartment without first requesting permission from the Owners Corporation.  The Proprietor must first obtain an engineer’s structural report on proposed works and provide a clearance from a building practitioner.  The Owners Corporation will not withhold consent if all these measures are met.  (Refer to rule 24 for building works terms and conditions).

1. INCORPORATION OF ACT

To the extent permitted by Part 8 and Schedule 1 of the Act the Owners Corporation adopts as rules the provisions of the Act and the Regulations and Proprietors of lots must comply with the Act and Regulations and any breach of the Act or Regulations shall constitute a breach of these rules.

1. BEHAVIOUR BY PROPRIETORS
   1. A Proprietor of a lot must not:
      1. create any noise or behave in a manner likely to interfere with the peaceful enjoyment of the Proprietor of another lot or of any person lawfully using common property;
      2. obstruct the lawful use of common property by any person; or
      3. When on common property, or on any part of a lot so as to be visible from another lot or from common property, must be clothed and must not use language or behave in a manner likely to cause offence or embarrassment to the Proprietor of another lot or to any person lawfully using common property.
      4. Smoke in the stairwells, lifts, foyers or areas set aside for plant and storage within the common property, or such other parts of the common property as the Owners Corporation may designate from time to time.
      5. Permit any persons under its control to play on any part of the common property or, unless accompanied by an adult, to remain on any part of the common property comprising a car parking area or other area of possible danger or hazard to children.
      6. Permit any persons under its control to use on the common property any skateboards, roller skates or roller blades.
      7. Dispose or permit the disposal of cigarette butts, cigarette ash or any other materials over balconies or in the common property.
      8. Permit persons under its control to consume alcohol or take glassware onto the common property unless prior written approval has been obtained from the Owners Corporation.
      9. Use or permit to be used a lot for any purpose which may be illegal or injurious to the reputation of the development or may cause a nuisance or hazard to any other owner or occupier of a lot or guests of any such owner or occupier or any other person entitled to use common property.

1. 1. 1. hold or allow to be held in any lot or on any part of the Common Property any sale or auction;
      2. use or permit any lift in the Building to be used to carry goods or furniture unless:

(i)         reasonable prior notice of intention to do so has been given to the Owners Corporation; and

(ii)         the lift is fitted with proper protective covers when being so used;

1. 1. 1. permit any trades people or work people to be on a lot or the Common Property;

(i)         on a Saturday, Sunday or public holiday; or

(ii)         before 9:00am or after 5:00pm on any other day;

except in the case of an emergency.

1. CLEANING OF A LOT
   1. A Proprietor of a lot must keep that lot clean and in good repair.
   2. A Proprietor of a lot must ensure its car parking space(s) and nearby property are free of oil and like substances. The Owners Corporation reserves the right to clean any common property near a Proprietor’s space(s) which is stained by oil, petrol or a like substance and charge that  Proprietor for the cost.  The Owners Corporation will give fourteen days notice of its intention to do such cleaning.
2. DAMAGE TO COMMON PROPERTY
   1. A Proprietor of a lot shall not mark, paint or otherwise damage, deface or alter any structure, chattel, fixture, fitting, service or easement that forms part of or relates to the common property.
   2. A Proprietor of a lot must not breach the fire regulations by installing unapproved dead locks or peep holes or any other fitting, or fixture or penetration that would void the Owners Corporation insurance policy.
3. INTERFERENCE WITH COMMON PROPERTY
   1. A Proprietor of a lot must not, without the prior written consent of the Owners Corporation, remove any article from the common property placed there by direction or authority of the Owners Corporation and must use all reasonable endeavours to ensure that those articles are used only for their intended use and not damaged.
   2. A Proprietor of a lot must not, without the written authority of the Owners Corporation or its Registered Agent, interfere with the operation of any plant and equipment owned by the Owners Corporation installed on the common property.
   3. A Proprietor of a lot must not modify any air conditioning, heating or ventilation system, or associated ducting, servicing that lot without the prior written consent of the Owners Corporation.
   4. A Proprietor of a lot must not install nor permit the installation of covering to any storage areas other than as permitted by the Owners Corporation.
   5. A Proprietor of a lot must not modify any intercom, television aerial or communication system (except telephone connections) servicing that lot without the prior written consent of the Owners Corporation.
   6. A Proprietor of a lot must not enter any plant room without the consent of the Owners Corporation.
4. SECURITY OF COMMON PROPERTY
   1. A Proprietor of a lot or persons thereon from time to time must not do or permit anything which may prejudice the security or safety of the common property or any person in or about the Building.
   2. Secure the Owner’s lot when it is unoccupied and comply with the Owners Corporations reasonable directions about the Building’s security;
   3. At the Owner’s cost replace any security key which is issued to the Owner by the Owners Corporations;
   4. Upon request account for all security keys issued to the Owner by the Owners Corporations.
5. NOTIFICATION OF DEFECTS OR ACCIDENTS

A Proprietor of a lot must promptly notify the Owners Corporation or its Registered Manager on becoming aware of any damage to, or defect in, or accident on the common property or any personal property vested in the Owners Corporation.

1. COMPENSATION TO OWNERS CORPORATION

The Proprietor of a lot shall compensate the Owners Corporation in respect of any damage to the common property or personal property vested in the Owners Corporation or any fine, levy or charged incurred by Owners Corporation as a result of the actions of that Proprietor or its respective tenants, licensees or invitees.

1. RESTRICTED USE OF COMMON PROPERTY
   1. The Owners Corporation may take measures to ensure the security, and to preserve the safety of, the common property and the lots affected by the Owners Corporation from fire or other hazards and without limitation may:
      1. close off any part of the common property not required for access to a lot on either a temporary or permanent basis, or otherwise restrict the access to, or use by, Proprietors of any part of the common property;
      2. permit, to the exclusion of Proprietors, any designated part of the common property to be used by any security person as a means of monitoring the security and general safety of the lots, either solely or in conjunction with other lots; and
      3. restrict, by means of key or other security device, the access of the Proprietors of one level of the lots to any other level of the lots.
   2. A Proprietor of a lot must abide by any actions taken by the Owners Corporation in accordance with rule 17.1.
2. CONSENT OF OWNERS CORPORATION

A consent given by the Owners Corporation under these rules will, if practicable, be revocable and may be given subject to conditions including, without limitation, a condition evidenced by a minute of a resolution that the Proprietor for the time being of the lot to which the consent or approval relates is responsible for compliance with the terms of the consent.

1. VEHICLES ON COMMON PROPERTY
   1. A Proprietor of a lot must not park or leave a vehicle on the common property so as to obstruct any driveway or entrance to a lot, or in any place other than in parking areas specified by the Owners Corporation from time to time, and must observe any parking directions given orally or published by the Registered Agent from time to time in respect of parking.
   2. A Proprietor of a lot must not park or permit to be parked any vehicle, trailer or motor cycle other than within parking spaces designated by the Owners Corporation.
   3. A Proprietor of a lot must not permit oil leakages from any motor vehicle, trailer or motor cycle onto the common property and must reimburse the Owners Corporation for the cost of cleaning or removing any oil stains to the garage or other part of the common property after due notice has been served.
2. STORAGE OF BICYCLES
   1. A Proprietor of a lot must not:
      1. permit any bicycle to be stored other than in the areas (if any) of the common property that may be designated by the Owners Corporation or its Registered Agent for such purpose and fitted with bicycle racks from time to time; or
      2. permit any bicycle to be brought into a lot or the foyer, stairwells, hallways, walkways, balconies or other parts of the common property as may be designated by the Owners Corporation or its Registered Agent from time to time.
3. INSURANCE PREMIUMS

A Proprietor of a lot must not without the prior written consent of the Owners Corporation do or permit anything to be done which may invalidate, suspend or increase the premium for any insurance policy effected by the Owners Corporation.

1. FIRE CONTROL
   1. A Proprietor of a lot must not use or interfere with any fire safety equipment except in the case of an emergency and must not obstruct any fire stairs or fire escape.
   2. A Proprietor of a lot must ensure compliance with all statutory and other requirements relating to fire and fire safety in respect of its lot.
   3. A Proprietor of a lot must ensure that all smoke detectors installed in the lot are properly maintained and tested monthly and that back up batteries relating to the smoke detectors are replaced whenever necessary.
2. APPEARANCE OF A LOT

24.1 Without limiting any other of these rules, a Proprietor of a lot must not:

1. 1. 1. without prior written consent of the Owners Corporation maintain inside the lot anything visible from outside the lot that when viewed from outside the lot is not in keeping with the rest of the Building;
      2. install bars, screens or grilles or other safety devices to the exterior of any lot without the prior written consent of the Owners Corporation;
      3. operate or permit to be operated on the lot or within it any device or electronic equipment which interferes with any domestic appliance lawfully in use on the common property, another lot or another part of the Building;
      4. without the prior written consent of the Owners Corporation attach to or hang from the exterior of the lot any aerial or any security device or wires;
      5. install or operate any intruder alarm which emits an audible signal;
      6. place, display or hang any chattel or item (including any item of clothing or any wind chimes) on or from a balcony or terrace forming part of the common property;
      7. allow any glazed portions of the lot or the common property that surrounds the lot to be tinted or otherwise treated with the effect that the visual characteristics of the glazing will change;
      8. install any external wireless, television aerial, skydish receiver, satellite dish or receiver or any other apparatus that can be viewed from the exterior of the Building;
      9. install any air conditioning unit in a lot other than in a place nominated by the Owners Corporation;
      10. install any pipes, wiring, cables or the like to the external face of the Building; or

(k) install a clothes line in a Owner’s lot or in the Common Property.

(l) place any washing, towel or other article so as to be visible from the common property or outside the Building without the written consent of the Owners Corporation.

1. COMPLIANCE WITH RULES BY INVITEES
   1. A Proprietor of a lot must take all reasonable steps to ensure that its invitees comply with these rules and in default take all reasonable steps to ensure that its invitees leave the Building.
   2. A Proprietor of a lot which is the subject of a lease or licence agreement must take all reasonable steps, including any action available under the lease or licence agreement, to ensure that any lessee or licensee of the lot and any invitees of that lessee or licensee comply with these rules.
2. COMPLIANCE WITH LAWS
   1. A Proprietor of a lot must at the Proprietor’s own expense promptly comply with all laws relating to the lot including, without limitation, any requirements, notices and orders of any Governmental Agency.
   2. A Proprietor of a lot must not use the lot for any purpose that may be illegal or injurious to the reputation of the Building, the lots and the common property, or which may cause a nuisance or hazard to any other Proprietor of a lot or its invitees.
3. INTERFERENCE WITH EXCLUSIVE AND SPECIAL RIGHTS
   1. A Proprietor of a lot must not use any parts of the common property in respect of which exclusive use and enjoyment rights may be given or granted by the Owners Corporation to a third party. 
   2. A Proprietor of a lot must not interfere with or obstruct the Building Manager from performing its duties under any building management agreement entered into from time to time.
4. BUILDING WORKS
   1. A Proprietor of a lot must not undertake any building works within or about or relating to a lot in accordance with Clause 28.2 hereof without the prior written consent of the owners corporation in accordance with the following requirements:
      1. such building works may only be undertaken after all requisite permits, approvals and consent under all relevant laws have been obtained and copies given to the Registered Agent, and then strictly in accordance with those permits approvals and consents and any conditions thereof; and
      2. the Proprietor of a lot must at all times ensure that such works are undertaken in a reasonable manner so as to minimise any nuisance, annoyance, disturbance and inconvenience from building operations to other Proprietors;
   2. The Proprietor of a lot must not proceed with any such works until the Proprietor:
      1. submits to the Owners Corporation plans and specifications of any works proposed by the Proprietor which affect the external appearance of the Building or any of the common property or which affect the Building structure or services or the fire or acoustic ratings of any component of the Building;
      2. supplies to the Owners Corporation such further particulars of those proposed works as the Owners Corporation may request, and as shall be reasonable to enable the Owners Corporation to be reasonably satisfied that those proposed works accord with the reasonable aesthetic and orderly development of the Building, do not endanger the Building and are compatible with the overall services to the Building and the individual floors;
      3. receives written approval for those works from the Owners Corporation, such approval not to be unreasonably or capriciously withheld but which may be given subject to the condition that the reasonable costs of the Owners Corporation (which cost may include the costs of a building practitioner engaged by the Owners Corporation to consider such plans and specifications) by the Proprietor and such approval shall not be effective until such costs have been paid; and
      4. pays such reasonable costs to the Owners Corporation.
      5. The Proprietor of a lot must ensure that the Proprietor and the Proprietor’s servants agents and contractors undertaking such works comply with the proper and reasonable directions of the Owners Corporation concerning the method of building operations, means of access, use of the common property, on-site management and building protection and hours of work (and the main Building entrance and lobby must not be used for the purposes of taking building materials or building workmen to and from the relevant lot unless the Owners Corporation gives written consent to do so) and that such servants agents and contractors are supervised in the carrying out of such works so as to minimise any damage to or dirtying of the common property and the services therein.
   3. Without limiting the generality of rule 28.2(e) the Proprietor of a lot must ensure that the Proprietor and the Proprietor’s servants agents and contractors undertaking such works observe the following restrictions in respect of the works:
      1. building materials must not be stacked or stored in the front side or rear of the Building;
      2. scaffolding must not be erected on the common property or the exterior of the Building;
      3. construction work must comply with all laws of the relevant Government Agencies;
      4. the exterior and the common property of the Building must at all times be maintained in a clean tidy and safe state; and
      5. construction vehicles and construction workers’ vehicles must not be brought into, or parked in, the common property.
   4. Before any of the Proprietor’s works commence the Proprietor must:
      1. Execute the Apartment Building Work Requirements at Esplanade Apartments form or otherwise enter into an agreement with the Owners Corporation in respect of the works and its requirements under the Act, its regulations and Owners Corporations rules, and any other Act or regulation;
      2. cause to be effected and maintained during the period of the building works, a contractor’s all risk insurance policy to the satisfaction of the Owners Corporation; and
      3. deliver a copy of the policy and certificate of currency in respect of the policy to the Owners Corporation.
   5. Access shall not be available to other lots on the Plan or the common property on the Plan for the installation and maintenance of services and associated building works without the consent or licence of the Proprietor of the relevant lot or of the Owners Corporation in the case of the common property.
   6. The Proprietor of a lot shall immediately make good all damage to, and dirtying of, the Building, the common property, the services thereof or any fixtures fittings and finishes which are caused by such works and if the Proprietor fails to immediately do so the Owners Corporation may in its absolute discretion (or if the Proprietor fails to do so within a reasonable period of time) must make good the damage and dirtying and in that event the Proprietor shall indemnify and keep indemnified the Owners Corporation against any costs or liabilities incurred by the Owners Corporation in so making good the damage or dirtying.
5. PAINTING, FINISHING, ETC

A Proprietor of a lot must not paint, finish or otherwise alter the external facade of the Building or any improvement forming part of the common property.

1. SIGNS, BLINDS AND AWNINGS
   1. A Proprietor of a lot must not, without the prior written consent of the Owners Corporation, erect or affix any sign or notice to any part of the common property unless approved by the Owners Corporation.
   2. A Proprietor of a lot must not install or permit the installation of any window coverings other than such window coverings permitted by the Owners Corporation from time to time.
   3. A Proprietor of a lot must not install, or permit the installation of, any awnings other than as approved by the Owners Corporation.
2. SELLING AND LEASING

A Proprietor of a lot must not allow the erection of any for sale or for lease boards on the common property without the written consent of the Owners Corporation.

1. USE OF APPURTENANCES

The water closets, conveniences and other water apparatus including waste pipes and drains shall not be used for any purpose other than those for which they were constructed, and rubbish or other unsuitable substances shall not be deposited therein. Any costs or expenses resulting from any damage or blockage shall be borne by the lot Proprietor causing the damage or blockage.

1. ACCESS TO LOTS
   1. Except in the case of an emergency (in which case no notice shall be required) upon one (1) days notice in writing the Owners Corporation or the Registered Manager and their servants, agents and contractors shall be permitted to inspect the interior of any lot and test the electrical, gas or water installation or equipment therein and to trace and repair any leakage or defect in the said installations or equipment (at the expense of the lot Proprietor in cases where such leakage or defect is due to any act or default of the lot Proprietor or its invitees). The Owners Corporation and the Registered Agent, in exercising this power, shall ensure that their servants, agents and employees cause as little inconvenience to the lot Proprietor as is reasonable in the circumstances.
   2. An Owner must ensure that an occupier of its lot will provide access to any balcony or terrace forming part of a Owner’s lot when required to enable the cleaning or external windows and any maintenance required on the outside of the Building.
2. POOL, GYMNASIUM AND STEAM ROOM
   1. The pool, gymnasium and steam room are for the use of residents and invitees are not permitted to use these facilities unless accompanied by an owner or occupier.
   2. Hours of use of the facilities are 6:00am – 10:00pm.
   3. Children under the age of 16 must be accompanied and supervised by an adult at all times.
   4. Glass objects, drinking glasses and sharp objects are not permitted in the facilities.  Water is only permitted in plastic sealed drinking containers.
   5. The consumption of Food and Alcohol is strictly prohibited in the facilities area.
   6. Smoking is strictly prohibited in the facilities area.
   7. An Owner or Occupier of a Lot must shower prior to using the swimming pool and steam room.
   8. An Owner or Occupier of a Lot must carry a towel and wipe down the gymnasium equipment after use.  An Owner or Occupier of a Lot using the swimming pool and steam room facilities must carry a towel for sitting on and drying off.  Users must ensure they dry off prior to leaving the area.
   9. Suitable clothing is to be worn whilst in the Gymnasium (excluding swimwear) and swimming pool and steam room areas.  Nude bathing is prohibited and females must wear a bathing top in the pool, steam room and adjoining common areas.
   10. Appropriate footwear must be worn to, from and whilst using these facilities at all times.
   11. Spitting, jumping, diving, running, ball playing, noisy or hazardous activities are not permitted in the gymnasium swimming pool, steam room or adjoining common areas.
   12. Mobile phones and/or any camera operated devices are not permitted in the facilities area at any time.
   13. No external music is permitted except headset music.
   14. Users of these Facilities and adjacent areas do so at these own risk.
   15. An Owner or Occupier of a Lot must not breach nor permit persons under his or her control to breach these rules as stipulated.
3. RULE APPLICABLE TO LOT G1 (RETAIL LOT)

The proprietor of Lot G1 must not, and must ensure that any occupier of Lot G1 does not use or permit Lot G1 to be used for:

(a)        any purpose other than a use consistent with the uses allowed under Planning Permit Number 1448/2002 dated 10 September 2003 comprising food and drink premises and a convenience shop and the provision and sale of liquor;

(b)        the storage, display or sale of packaged liquor products for consumption off Lot G1 (“Packaged Liquor”) unless:

            (i)         such use is ancillary to use permitted under rule 5.8(a); and

            (ii)         not more than 20 percentum of the floor area of the building or improvements constructed on Lot G1 is used for the purpose of storage, display or sale of Packaged Liquor.

1. NO TRADE OR BUSINESS

With the exception of lot G1, a Proprietor of a lot must not use that lot or any part of the common property for any trade or business, nor permit others to do so unless:

1. 1. the planning scheme governing the use of that lot permits the trade or business to be carried on from that lot;
   2. any requirements in respect of the trade or business stipulated by any relevant authority from time to time are complied with; and
   3. the trade or business can be carried on, and is carried on, without causing undue nuisance to the Proprietors of other lots.

ISSUED TO LOT:

LOT OWNER OR LOT OWNER’S REPRESENTATIVE

(Print Name)

(Signature)

DATE:

ACCEPTED BY:

LOT OWNER OR LOT OWNER’S REPRESENTATIVE

(Acknowledging acceptance of all conditions)

(Print Name)

(Signature)

DATE:

1. Requirements Prior to Commencement of Works

1.1 No travel to be made by any contractor other than in the lift from the car park that is designated by building management. No materials to be brought through the lobby.

1.2 No contractors are permitted on site on Saturday, Sunday or Public Holidays; or before 9am or after 5pm on any other day.

1.3 All costs associated with apartment building works must be borne by the Lot Owner and the Lot owner indemnifies the Owners Corporation against all loss and damage caused directly or indirectly by the works.

1.4 Owners Corporation consent for any proposed works, new or altering existing, must be obtained prior to commencement of any works. This includes internal partitions, internal doors and glass, additional electrical fittings, penetrations, floor coverings, and relocation of fire sprinklers/alarms and hydraulic services.

1.5 Copies of drawings are to be approved by the Owners Corporation prior to any works commencing. All associated costs of the Corporation’s consultants (Consult Australia) to review and/or approve the drawings are to be paid by the Lot Owner. These costs may vary Between $1,500 to $2,000. Copy of the Building Permit               required for works worth more than $5,000. Works under $5,000 per contractor such as painters, plastering, tiling e.t.c may not require any permits.

In order to obtain the Owners Corporation consent, a copy of all proposed plans and specifications, along with a letter request is to be forward to the Owners Corporation Manager. At least 14 days written notice is required.

1.6 The works detailed on the plans and specifications submitted and approved by the Owners Corporation are not to be altered in any way without the prior approval of the Owners Corporation.

1.7 The Owners Corporation and their Consultants must approve any coring or cutting of slabs prior to any works proceeding. The location and size of all core holes or slab cutting must be clearly identified on a plan.

2. Lot Owner’s Responsibilities

2.1 Before work starts, check with your home and contents policy

2.2 The Lot Owner will be responsible for the complete rectification of any damage to the building and to services caused or contributed to in any way whatsoever in the execution of the works.

2.2 The Lot Owner will be responsible for the purchase of security access cards for ALL staff. The Lot Owner shall provide a detailed list of names access requirements, ie access times (refer Item 1.2 above), floor access, etc, to allow the Manager to accurately program the cards.

2.3 The Lot Owner will be responsible for the cost or removal and full reinstatement of the ceiling on the floor immediately below as necessary for works on the floor of proposed works. Works required on other floors below shall be carried out at a mutually convenient time with the occupier of the floor.

2.4 Any false fire alarms which occur during apartment building works and caused by the Lot Owner’s Contractors or Sub-Contractors are the responsibility of the Lot Owner and all costs incurred are to be payable by the Lot Owner.

2.5 The Lot Owner must ensure that all Contractors engaged on their respective fit outs or who carry out any works on their behalf, hold a minimum of $20,000,000.00 (Twenty Million) Public Liability, All Risk and Work Cover Insurance. Evidence of cover is required prior to commencement of works, and it is the responsibility of the Lot Owner to ensure that their interests have been noted on the relevant insurance policies.

2.6 During the carrying out of any works, it is the responsibility of the Lot Owner to ensure that their Contractors and Sub-Contractors do not store materials or tools within the Common Areas of the building.

2.7 The Lot Owner is responsible to ensure all construction personnel, tooling, materials, debris, equipment etc is accessed direct to the respective tenancies via the designated lift only. Should the lift be required to transport building materials 48 hours’ notice must be given to the Building Manager, and is subject to availability.

2.8 The Lot Owner must prove to the reasonable satisfaction of the Owners Corporation, that the fit out will not in any way interfere or unnecessarily burden the design and capacity of the building. The Lot Owner will, at its sole cost, be required to undertake whatever variations are necessary to the fit out at the Premises to ensure the safe and effective operation of the building.

3. Fire, Mechanical, Electrical and Hydraulic Services

3.1 Any necessary alterations to fire, mechanical electrical and hydraulic services required by any of the authorities must be complied at the Lot Owner’s cost and details of the works must be submitted to the Owners Corporation for approval before the work is commenced.

3.2 This work must be designed by certified mechanical, electrical, hydraulic and sprinkler service engineers.

3.3 Any works to be performed on the fire systems whereby isolation of the fire systems is necessary, a letter of request with all relevant requirements is to be forwarded to the Owners Corporation Manager no less than 48 hours prior to commencement of works.

NB. Requires a Site Induction by the Building Manager.

3.4 Any hot works (i.e. welding etc.) are to be requested in writing to the Owners Corporation not less than 48 hours prior to commencement on work.

NB. Requires a Site Induction by the Building Manager.

3.5 Any alterations to the mechanical, electrical, sprinkler and hydraulic services must be carried out only by firms approved by the Owners Corporation.

3.6 Fire Stop risers on completion of cable runs. All cables must be installed with the following details: Lot number & name, system name, origin/destination levels and name of installation contractor.

3.7 All plumbing and electrical works are to be approved and certified by the appropriate authority and building contractors. The appropriate certificates are to be issued to the Owners Corporation within 48 hours of the completion of works.

3.8 Should the occupation requirement include heavy equipment such as safes and compactus units, engineering computations, written approval of the placement of the items is to be issued to the Owners Corporation prior to any item being installed.

4. Requirements for Contractors Whilst On Site

4.1 Smoking is strictly prohibited within all areas of the building including entrance forecourt and stairwells.

4.2 Access doors between zones are not to be ‘propped open’ by tradespeople, which would compromise the building insurance cover.

4.3 Lot Owners and their respective contractors are fully responsible for removal from the building, any rubbish, building materials, etc., which may be generated as a result of the works. Under no circumstances is this rubbish to be ‘dumped’ or stored in any common areas or deposited in Owners Corporation bins.

4.4 Lot Owners and their contractors will be responsible for any/all additional costs incurred by the Corporation to maintain overall cleanliness of the foyer and elevators on a daily basis.

5. Requirements at the Completed of Apartment Building Works

5.1 At the completion of the execution of works, “as built” drawings are to be submitted for all building services which have been altered. Hard and soft copies are both required.

6. Apartment Building Works Check List

6.1 Submit Plans and Letter of Request (hard and soft copies) to the Owners Corporation Manager. The Owners Corporation Manager will raise a $3,000 bond, payable prior to works commencing and is fully refundable (less any apportioned costs to repair identified common property damage caused by the lot owners contractors) on final approval by the Building Manager.

6.2 Submit Names of Proposed Contractors and Sub-Contractors to Owners Corporation.

6.3 Submit copy of Contractor’s Currency Certificate for Public Liability and All Risk Insurances to the Owners Corporation.

6.4 Owners Corporation will then forward plans and specifications to their Consultants for approval/comments. (Allow 14 day turn around for response).

6.5 Owners Corporation will then produce any concerns to the Lot Owner that are to be rectified prior to commencement of works.

6.6 Lot Owner to produce to the Owners Corporation amended plans and/or comments establishing how concerns, if any, will be alleviated.

6.7 Owners Corporation will then grant approval, subject to any conditions or requirements that may have arisen. 

6.8 Lot Owner to ensure that access for all Contractors and Sub-Contractors is arranged via the Building Manager.

6.9 During works, Lot Owner to keep in constant communication with the Owners Corporation as well as the Building Manager to ensure smooth running of works.

6.10 Lot Owner to provide any requirements in writing to the Owners Corporation (i.e. Sprinkler Isolation, Hot Works etc).

6.11 Lot Owners to ensure that Contractors and Sub-Contractors adhere to all Building Rules for the duration of the works. 

6.12 Any alterations to the initial plans are to be requested in writing to the Owners Corporation prior to works commencing.

7. General

7.1 The above policy procedures may be changed without notice, at sole discretion of the Building Management, in consideration of the building requirements.

7.2 The Rules of the Owners Corporation must also be complied with at all times. A full copy of the Rules is available on request from the Owners Corporation Manager.

8. Contacts

Building Manager

Alistair Hick

P: 85989104

E: espyapt@bigpond.com