Schedule 1 BY-LAWS

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. 

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. 

Obstruction of common property

An owner or occupier of a lot must not obstruct lawful use of common property by any person. 

Damage to lawns and plants on common property

An owner or occupier of a lot must not: damage any lawn, garden, tree, shrub, plant or flower being part of or situated on common property, or use for his or her own purposes as a garden any portion of the common property. 

Damage to common property

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. An approval given by the owners corporation under subclause (1) cannot authorise any additions to the common property. 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 any screen or other device to prevent entry of animals or insects on the lot, or any structure or device to prevent harm to children.  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. 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. 

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. 

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. 

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. 

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. 

Drying 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. 

Cleaning 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. 

Storage of inflammable liquids and other substances and materials

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 any inflammable chemical, liquid or gas or other inflammable material.  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. 

Moving 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. 

Floor coverings

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. This by-law does not apply to floor space comprising a kitchen, laundry, lavatory or bathroom. 

Garbage 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 

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 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 when the garbage has been collected, must promptly return the receptacle to the lot or other area referred to in paragraph (a),  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. 

Keeping of animals

Subject to section 49 (4), an owner or occupier of a lot must not, without the approval in writing of the owners corporation, keep any animal on the lot or the common property. The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property.

Appearance of lot

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. This by-law does not apply to the hanging of any washing, towel, bedding, clothing or other article as referred to in By-law 10. 

Notice-board 

An owners corporation must cause a notice-board to be affixed to some part of the common property. 

Change in use of 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).

Special By-Law 2 – Fire Safety Services

(a) An owner or occupier must not, nor permit any other person within their control, to alter, relocate, paint over, interfere or tamper with any part of the fire safety services of the building (whether located within a lot or on common property) without the prior written consent of the Owners Corporation.

(b) The consent of the owners corporation under clause (a) may be withheld unless that owner or occupier provides to the owners corporation (at the owner or occupier’s own expense) written confirmation from the relevant fire safety service contractor engaged by the owners corporation from time to time that: (i) the proposed change will comply with the required standard applicable to the fire safety services; and (ii) the contractor will certify compliance of the fire safety services as so altered.

(c) Without limitation, no owner or occupier may, nor permit anyone to, change or install any door hardware (including any lock, handle, peep hole, door closer) to the fire door to the lot without the prior written consent of the owners corporation unless consent is first obtained under clause (a) but the coding of any lock may be altered without the need for prior consent.

(d) In the event that any part of the compliance of fire safety services is affected in any way by any change made without the consent under this by-law, then the owner from time to time of the relevant lot will be responsible for reimbursing the owners corporation for the full cost of rectifying the non-compliance and this cost may be recovered from the owner as a debt.

The Owners Corporation is entitled to access to the relevant lot (by force if necessary) to rectify any non compliance with the fire safety services on giving 24 hours written notice to the occupier, which may be served by leaving the notice under the front door of that lot.

Special By-Law 3 – Recovery of Cost

DEFINITIONS

In this by-law, the following terms are defined to mean:

“Lot” means the Owner’s lot in Strata Scheme 60158.
“Owner” means each of the owners for the time being of the lot.

Any term used in this by-law that appears in the Strata Schemes Management Act 1996 (“Act”), has the same meaning as in the Act. Headings are included for convenience only and do not affect the meaning of the clause

TERMS

In the event the Owners Corporation:

Affects work to remedy damage to common property caused by an Owner or an Owner’s occupier, visitors to the Owner’s Lot or persons carrying out work on the Lot: or, Incurs service charges from the Strata Managing Agent, or any other third party service provider, arising from an Owner or an Owner’s occupier or visitors to the Owners Lot not discharging responsibilities attributable to the Owner as a result of ownership of the Lot resulting in costs being invoiced to and paid by the Owners Corporation (“invoiced costs”), the Owners Corporation may: Include the value of those invoiced costs in notices for that Owner’s administrative fund or sinking fund contributions; and after having given that owner such notice of the invoiced costs, Recover the invoiced costs as a debt, due and payable to the Owners Corporation and which, if unpaid within one month of being included in notices for the Owner’s administrative or sinking fund contributions, will bear simple interest at the rate of ten percent (10%) per annum until paid.