THE MEWS - PRIVATE APARTMENTS

147 Charles Street West Perth
It is currently Fri Oct 18, 2019 12:35 pm

All times are UTC+08:00




Post new topic  Reply to topic  [ 3 posts ] 
Author Message
 Post subject: Strata By-Laws
PostPosted: Thu Nov 25, 2010 12:29 pm 
Site Admin

Joined: Tue Jan 06, 2009 5:53 pm
Posts: 2396
Strata Plan: /strataplan

BY-LAWS:
(these attachments are official documents showing updates that have been applied to the by-laws, to see an up-to-date copy of the by-laws scroll down the page)


Attachments:
sp5629_bylaws.pdf [62.63 KiB]
Downloaded 235 times
sp5629_bylaws_changes_20031020.pdf [744.33 KiB]
Downloaded 202 times
sp5629_bylaws_changes_20130208.pdf [189.63 KiB]
Downloaded 159 times
sp5629_bylaws_changes_20140130.pdf [362.26 KiB]
Downloaded 159 times
Top
   
 Post subject: Schedule 1 / By-Laws
PostPosted: Wed Aug 08, 2012 2:44 pm 
Site Admin

Joined: Tue Jan 06, 2009 5:53 pm
Posts: 2396
Schedule 1 / By-Laws



1. Duties of proprietor, occupiers, etc.
(1) A proprietor shall —
(a) forthwith carry out all work that may be ordered by any competent public authority or local government in respect of his lot other than such work as may be for the benefit of the building generally and pay all rates, taxes, charges, outgoings and assessments that may be payable in respect of his lot;
(b) repair and maintain his lot, and keep it in a state of good repair, reasonable wear and tear, and damage by fire, storm, tempest or act of God excepted.
(1a) A proprietor shall —
(a) notify the strata company forthwith upon any change of ownership, including in the notice an address of the proprietor for service of notices and other documents under this Act; and
(b) if required in writing by the strata company, notify the strata company of any mortgage or other dealing in connection with his lot, including in the case of a lease of a lot, the name of the lessee and the term of the lease.
(2) A proprietor, occupier or other resident of a lot shall —
(a) use and enjoy the common property in such a manner as not unreasonably to interfere with the use and enjoyment thereof by other proprietors, occupiers or residents, or of their visitors; and
(b) not use the lot or permit it to be used in such manner or for such purpose as causes a nuisance to any occupier of another lot (whether a proprietor or not) or the family of such an occupier;
(c) take all reasonable steps to ensure that his visitors do not behave in a manner likely to interfere with the peaceful enjoyment of the proprietor, occupier or other resident of another lot or of any person lawfully using common property; and
(d) take all reasonable steps to ensure that his visitors comply with the by-laws of the strata company relating to the parking of motor vehicles.


2. Power of proprietor to decorate etc.
A proprietor may, without obtaining the consent of the strata company, paint, wallpaper or otherwise decorate the structure which forms the inner surface of the boundary of his lot or affix locking devices, flyscreens, furnishings, furniture, carpets and other similar things to that surface, if and so long as such action does not unreasonably damage the common property.


3. Power of strata company regarding submeters
(1) Where the supply of gas or electricity to a lot is regulated by means of a submeter, the strata company may require the proprietor or other occupier of the lot to pay the strata company by way of security for the payment of charges arising through the submeter an amount not exceeding $200 and, if any amount so paid is applied by the strata company under sub-bylaw (2), to pay such further amount or amounts by way of such security as may be necessary to maintain the amount of the security as, subject to this sub-bylaw, the strata company may require.
(2) The strata company shall lodge every sum received under this by-law to the credit of an interest-bearing account with an ADI (authorised deposit-taking institution) as defined in section 5 of the Banking Act 1959 of the Commonwealth and all interest accruing in respect of amounts so received shall, subject to this by-law, be held on trust for the proprietor or occupier who made the payment.
(3) If the proprietor or other occupier of a lot in respect of which a submeter is used for the supply of gas or electricity refuses or fails to pay any charges due for the supply of gas or electricity to that lot, the strata company may apply in payment of those charges all, or such part as is necessary, of any amount paid to the strata company by that proprietor or occupier under this by-law, including any interest that may have accrued in respect of that amount.
(4) Where a person who has paid an amount under this by-law to a strata company satisfies the strata company that he is no longer the proprietor or occupier of a lot and that the strata company no longer has any liability or contingent liability for the supply of gas or electricity to that lot during the period when that person was a proprietor or occupier of the lot, the strata company shall refund to that person the amount then held on his behalf under this by-law.

4. Constitution of the council
(1) The powers and duties of the strata company shall, subject to any restriction imposed or direction given at a general meeting, be exercised and performed by the council of the strata company and a meeting of the council at which a quorum is present shall be competent to exercise all or any of the authorities, functions or powers of the council.
(2) Until the first annual general meeting of the strata company, the proprietors of all the lots shall constitute the council.
(3) Where there are not more than 3 proprietors the council shall consist of all proprietors and where there are more than 3 proprietors the council shall consist of not less than 3 nor more than 7 proprietors as is determined by the strata company.
(4) Where there are more than 3 proprietors the members of the council shall be elected at each annual general meeting of the strata company or, if the number of proprietors increases to more than 3, at an extraordinary general meeting convened for the purpose.
(5) In determining the number of proprietors for the purposes of this by-law, co-proprietors of a lot or more than one lot shall be deemed to be one proprietor and a person who owns more than one lot shall also be deemed to be one proprietor.
(6) If there are co-proprietors of a lot, one only of the co-proprietors shall be eligible to be, or to be elected to be, a member of the council and the co-proprietor who is so eligible shall be nominated by his co-proprietors, but, if the co-proprietors fail to agree on a nominee, the co-proprietor who owns the largest share of the lot shall be the nominee or if there is no co-proprietor who owns the largest share of the lot, the co-proprietor whose name appears first in the certificate of title for the lot shall be the nominee.
(7) On an election of members of the council, a proprietor shall have one vote in respect of each lot owned by him.
(8) Except where the council consists of all the proprietors, the strata company may by special resolution remove any member of the council before the expiration of his term of office.
(9) A member of the council vacates his office as a member of the council —
(a) if he dies or ceases to be a proprietor or a co-proprietor of a lot;
(b) upon receipt by the strata company of notice in writing of his resignation from the office of member;
(c) at the conclusion of an annual general meeting of the strata company at which an election of members of the council takes place and at which he is not elected or re-elected;
(d) in a case where he is a member of the council by reason of there being not more than 3 proprietors, upon an election of members of the council (as a result of there being an increase in the number of proprietors to more than 3) at which he is not elected; or
(e) where he is removed from office under sub-bylaw (8) of this by-law.
(10) Any casual vacancy on the council may be filled by the remaining members of the council, except that, in a case where a casual vacancy arises because of the removal from office of a member under sub-bylaw (8), the strata company may resolve that the casual vacancy shall be filled by the strata company at a general meeting.
(11) Except where there is only one proprietor, a quorum of the council shall be 2 where the council consists of 3 or 4 members; 3, where it consists of 5 or 6 members; and 4, where it consists of 7 members.
(12) The continuing members of the council may act notwithstanding any vacancy in the council, but so long as the number of members is reduced below the number fixed by these by-laws as the quorum of the council, the continuing members or member of the council may act for the purpose of increasing the number of members of the council or convening a general meeting of the strata company, but for no other purpose.
(13) All acts done in good faith by the council shall, notwithstanding that it is afterwards discovered that there was some defect in the appointment or continuance in office of any member of the council, be as valid as if that member had been duly appointed or had duly continued in office.


5. Election of council
The procedure for nomination and election of members of a council shall be in accordance with the following rules —
(1) The meeting shall determine, in accordance with the requirements of by-law 4(3) of Part I the number of persons of whom the council shall consist.
(2) The chairman shall call upon those persons present and entitled to nominate candidates to nominate candidates for election to the council.
(3) A nomination is ineffective unless supported by the consent of the nominee to his nomination, given —
(a) in writing, and furnished to the chairman at the meeting; or
(b) orally by a nominee who is present at the meeting.
(4) When no further nominations are forthcoming, the chairman —
(a) where the number of candidates equals the number of members of the council determined in accordance with the requirements of by-law 4(3) of Part I, shall declare those candidates to be elected as members of the council;
(b) where the number of candidates exceeds the number of members of the council as so determined, shall direct that a ballot be held.
(5) If a ballot is to be held, the chairman shall —
(a) announce the names of the candidates; and
(b) cause to be furnished to each person present and entitled to vote a blank paper in respect of each lot in respect of which he is entitled to vote for use as a ballot-paper.
(6) A person who is entitled to vote shall complete a valid ballot-paper by —
(a) writing thereon the names of candidates, equal in number to the number of members of the council so that no name is repeated;
(b) indicating thereon the number of each lot in respect of which his vote is cast and whether he so votes as proprietor or first mortgagee of each such lot or as proxy of the proprietor or first mortgagee;
(c) signing the ballot-paper; and
(d) returning it to the chairman.
(7) The chairman, or a person appointed by him, shall count the votes recorded on valid ballot-papers in favour of each candidate.
(8) Subject to rule (9), candidates, being equal in number to the number of members of the council determined in accordance with by-law 4(3) of Part I, who receive the highest numbers of votes shall be declared elected to the council.
(9) Where the number of votes recorded in favour of any candidate is the lowest of the numbers of votes referred to in rule (8) and —
(a) that number equals the number of votes recorded in favour of any other candidate; and
(b) if each of those candidates were to be declared elected the number of persons elected would exceed the number of persons required to be elected, as between those candidates, the election shall be decided by a show of hands of those present and entitled to vote.


6. Chairman, secretary and treasurer of council
(1) The members of a council shall, at the first meeting of the council after they assume office as such members, appoint a chairman, a secretary and a treasurer of the council.
(2) A person —
(a) shall not be appointed to an office referred to in sub-bylaw (1) of this by-law unless he is a member of the council; and
(b) may be appointed to one or more of those offices.
(3) A person appointed to an office referred to in sub-bylaw (1) of this by-law shall hold office until —
(a) he ceases to be a member of the council;
(b) receipt by the strata company of notice in writing of his resignation from that office; or
(c) another person is appointed by the council to hold that office, whichever first happens.
(4) The chairman shall preside at all meetings of the council at which he is present and, if he is absent from any meeting, the members of the council present at that meeting shall appoint one of their number to preside at that meeting during the absence of the chairman.


7. Chairman, secretary and treasurer of strata company
(1) Subject to sub-bylaw (2), the chairman, secretary and treasurer of the council are also respectively the chairman, secretary and treasurer of the strata company.
(2) A strata company may at a general meeting authorize a person who is not a proprietor to act as the chairman of the strata company for the purposes of that meeting.
(3) A person appointed under sub-bylaw (2) may act until the end of the meeting for which he was appointed to act.


8. Meetings of council
(1) At meetings of the council, all matters shall be determined by a simple majority vote.
(2) The council may —
(a) meet together for the conduct of business and adjourn and otherwise regulate its meetings as it thinks fit, but the council shall meet when any member of the council gives to the other members not less than 7 days’ notice of a meeting proposed by him, specifying in the notice the reason for calling the meeting;
(b) employ on behalf of the strata company such agents and employees as it thinks fit in connection with the control and management of the common property and the exercise and performance of the powers and duties of the strata company;
(c) subject to any restriction imposed or direction given at a general meeting of the strata company, delegate to one or more of its members such of its powers and duties as it thinks fit, and at any time revoke the delegation.
(d) by agreement of an absolute majority of its members, conduct a meeting of the Council by telephone, audio-visual or other agreed electronic means or any combination of these by which continuous communication is maintained between such of its members as constitutes a quorum under the by-laws.
(3) A member of a council may appoint a proprietor, or an individual authorized under section 45 of the Act by a corporation which is a proprietor, to act in his place as a member of the council at any meeting of the council and any proprietor or individual so appointed shall, when so acting, be deemed to be a member of the council.
(4) A proprietor or individual may be appointed under sub-bylaw (3) of this by-law whether or not he is a member of the council.
(5) If a person appointed under sub-bylaw (3) of this by-law is a member of the council he may, at any meeting of the council, separately vote in his capacity as a member and on behalf of the member in whose place he has been appointed to act.
(6) The council shall keep minutes of its proceedings.


9. Powers and duties of secretary of strata company
The powers and duties of the secretary of a strata company include —
(a) the preparation and distribution of minutes of meetings of the strata company and the submission of a motion for confirmation of the minutes of any meeting of the strata company at the next such meeting;
(b) the giving on behalf of the strata company and of the council of the notices required to be given under the Act;
(c) the supply of information on behalf of the strata company in accordance with section 43(1)(a) and (b) of the Act;
(d) the answering of communications addressed to the strata company;
(e) the calling of nominations of candidates for election as members of the council; and
(f) subject to sections 49 and 103 of the Act the convening of meetings of the strata company and of the council.


10. Powers and duties of treasurer of strata company
The powers and duties of the treasurer of a strata company include —
(a) the notifying of proprietors of any contributions levied pursuant to the Act;
(b) the receipt, acknowledgement and banking of and the accounting for any money paid to the strata company;
(c) the preparation of any certificate applied for under section 43 of the Act; and
(d) the keeping of the books of account referred to in section 35(1)(f) of the Act and the preparation of the statement of accounts referred to in section 35(1)(g) of the Act.


11. General meetings of strata company
(1) General meetings of the strata company shall be held once in each year and so that not more than 15 months shall elapse between the date of one annual general meeting and that of the next.
(2) All general meetings other than the annual general meeting shall be called extraordinary general meetings.
(3) The council may when ever it thinks fit and shall upon a requisition in writing made by proprietors entitled to a quarter or more of the aggregate unit entitlement of the lots convene an extraordinary general meeting.
(4) If the council does not within 21 days after the date of the making of a requisition under this by-law proceed to convene an extraordinary general meeting, the requisitionists, or any of them representing more than one-half of the aggregate unit entitlement of all of them, may themselves, in the same manner as nearly as possible as that in which meetings are to be convened by the council, convene an extraordinary general meeting, but any meeting so convened shall not be held after the expiration of 3 months from the date on which the requisition was made.
(5) Not less than 14 days’ notice of every general meeting specifying the place, the date and the hour of meeting and in case of special business the general nature of that business, shall be given to all proprietors and registered first mortgagees who have notified their interests to the strata company, but accidental omission to give the notice to any proprietor or to any registered first mortgagee or non-receipt of the notice by any proprietor or by any registered first mortgagee does not invalidate any proceedings at any such meeting.
(6) If a proprietor gives notice in writing to the secretary of an item of business that the proprietor requires to be included on the agenda for the next general meeting of the strata company, the secretary shall include that item on the agenda accordingly and shall give notice of that item as an item of special business in accordance with sub-bylaw (5) of this by-law.


12. Proceedings at general meetings
(1) All business shall be deemed special that is transacted at an annual general meeting, with the exception of the consideration of accounts and election of members to the council, or at an extraordinary general meeting.
(2) Except as otherwise provided in these by-laws, no business may be transacted at any general meeting unless a quorum of members is present at the time when the meeting proceeds to business.
(3) One-half of the persons entitled to vote present in person or by duly appointed proxy constitutes a quorum.
(4) If within half an hour from the time appointed for a general meeting a quorum is not present, the meeting, if convened upon the requisition of proprietors, shall be dissolved and in any other case it shall stand adjourned to the same day in the next week at the same place and time and if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting, the persons entitled to vote and present constitute a quorum.
(4a) Sub-bylaws (3) and (4) do not apply to a general meeting of a strata company referred to in section 50B.
(5) The chairman, may with the consent of the meeting, adjourn any general meeting from time to time and from place to place but no business may be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
(6) Except where otherwise required by or under the Act, resolutions may be passed at a general meeting by a simple majority vote.
(7) At any general meeting a resolution by the vote of the meeting shall be decided on a show of hands unless a poll is demanded by any proprietor present in person or by proxy.
(8) Unless a poll be so demanded a declaration by the chairman that a resolution has on the show of hands been carried is conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour of or against such resolution.
(9) A demand for a poll may be withdrawn.
(10) A poll if demanded shall be taken in such manner as the chairman thinks fit and the result of the poll shall be deemed to be the resolution of the meeting at which such poll was demanded.
(11) In the case of equality in the votes whether on a show of hands or on a poll, the question is determined in the negative.


13. Restriction on moving motion or nominating candidate
A person is not entitled to move a motion at a general meeting or to nominate a candidate for election as a member of the council unless the person is entitled to vote on the motion or at the election.


14. Votes of proprietors
(1) On a show of hands each proprietor has one vote.
(2) On a poll the proprietors have the same number of votes as the unit entitlements of their respective lots.
(3) On a show of hands or on a poll votes may be given either personally or by duly appointed proxy.
(4) An instrument appointing a proxy shall be in writing under the hand of the appointer or his attorney and may be either general or for a particular meeting.
(5) A proxy need not be a proprietor.
(6) Except in cases where by or under the Act a unanimous resolution is required, no proprietor is entitled to vote at any general meeting unless all contributions payable in respect of his lot have been duly paid and any other moneys recoverable under the Act by the strata company from him at the date of the notice given to proprietors of the meeting have been duly paid before the commencement of the meeting.
(7) Co-proprietors may vote by proxy jointly appointed by them and in the absence of such a proxy are not entitled to vote on a show of hands, except when the unanimous resolution of proprietors is required by the Act.
(8) On any poll each co-proprietor is entitled to such part of the vote applicable to a lot as is proportionate to his interest in the lot.
(9) The joint proxy (if any) on a poll has a vote proportionate to the interests in the lot of such of the joint proprietors as do not vote personally or by individual proxy.


15. Common seal
(1) The common seal of the strata company shall at no time be used except by authority of the council previously given and in the presence of the members of the council or at least 2 members of the council, who shall sign every instrument to which the seal is affixed, but where there is only one member of the strata company his signature shall be sufficient for the purpose of this by-law.
(2) The council shall make provision for the safe custody of the common seal.


16. Service of notices and documents
(1) Pursuant to section 125 and the Electronic Transactions Act 2003 (WA) notices and documents, including but not limited to notices and minutes of general meetings, notices of infringement of by-laws and invoices, may be served by the strata company by email or by other electronic means on any proprietor who has given written consent to that method of service.
(2) The proprietors acknowledge that the Act obliges the strata company to allow any qualified applicant to inspect and obtain copies of all records relating to those notices and documents and their service on any proprietor.


17. Consent or approval of strata company or council
(1) If the consent or approval of the Strata Company or council is requested pursuant to the Act or the by-laws, the strata company or the council, as the case may be, may refuse that request, grant that request or grant that request on such terms as it shall reasonably determine.
(2) If the consent or approval of the Strata Company or council is required pursuant to the Act or the by-laws, that consent or approval shall only be taken to have been given if it is given in writing.

18. Fire Prevention Equipment
(1) The Proprietor of each lot shall at the Proprietor's expense;
- ensure smoke alarms are installed within the lot and maintained in good working order including ensuring back-up batteries are regularly replaced and remain charged at all times.
- ensure smoke alarms installed within the lot are compliant with the "Building Regulations" as published by the Department of Commerce.


Top
   
 Post subject: Schedule 2 / By-Laws
PostPosted: Mon Jan 13, 2014 4:23 pm 
Site Admin

Joined: Tue Jan 06, 2009 5:53 pm
Posts: 2396
Schedule 2 / By-Laws



1. Vehicles and Parking
- 1.1. A proprietor, occupier and other resident shall not allow or cause any vehicle to park or stand:
- - 1.1.1. on any part of the common property without the consent of the strata company;
- - 1.1.2. in such a position where it is likely to be a nuisance or obstruct access to or egress from any car parking area; nor
- - 1.1.3. on the parcel if its length or width exceeds the marked limits of the designated car bay on the parcel.

-1.2. A proprietor, occupier or other resident shall not:
- - 1.2.1. cause or permit a vehicle to park or stand on any area marked as visitor parking;
- - 1.2.2. grant any lease, licence or other occupancy right over any part of their lot or the common property used for parking to any person who is not a proprietor or occupier of a lot;
- - 1.2.3. allow or cause any caravan, camper van, trailer or marine craft to be brought or kept on the parcel;
- - 1.2.4. drive any vehicle at more than 10 km/h on the parcel;
- - 1.2.5. conduct repairs on or restoration to any vehicle on any part of the parcel, other than for the purpose of removing it from the parcel;
- - 1.2.6. use a designated parking bay for any purpose other than parking one vehicle; and
- - 1.2.7. on any part of their lot intended for use as a car bay:
- - - 1.2.7.1. erect any form of structure;
- - - 1.2.7.2. store any commercial, household, recreational or other goods; or
- - - 1.2.7.3. allow any accumulation of rubbish.


2. Obstruction of common property
A proprietor, occupier, or other resident of a lot shall not obstruct lawful use of common property by any person.


3. Damage to lawns, etc., on common property
Except with the approval of the strata company, a proprietor, occupier, or other resident of a lot shall not —
(a) damage any lawn, garden, tree, shrub, plant or flower upon common property; or
(b) use any portion of the common property for his own purposes as a garden.


4. Behaviour of proprietors and occupiers
A proprietor, occupier, or other resident of a lot shall be adequately clothed when upon common property and shall not use language or behave in a manner likely to cause offence or embarrassment to the proprietor, occupier, or other resident of another lot or to any person lawfully using common property.


5. Children playing upon common property in building
A proprietor, occupier, or other resident of a lot shall not permit any child of whom he has control to play upon common property within the building or, unless accompanied by an adult exercising effective control, to be or to remain upon common property comprising a laundry, car parking area or other area of possible danger or hazard to children.


6. Depositing rubbish, etc., on common property
A proprietor, occupier, or other resident of a lot shall not deposit or throw upon that lot or any other lot or the common property any rubbish, dirt, dust or other material likely to interfere with the peaceful enjoyment of another proprietor, occupier or resident or of any person lawfully using the common property.


7. Drying of laundry items
A proprietor, occupier, or other resident of a lot shall not, except with the consent in writing of the strata company —
(a) 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 for a reasonable period on any lines provided by the strata company for the purpose; or
(b) A proprietor, occupier or other resident shall not, except with the consent of the strata company, display any sign, any ‘for sale’, ‘to let’ or any other advertising, placard, banner, pamphlet or like matter on the parcel.


8. Storage of inflammable liquids, etc.
A proprietor, occupier, or other resident of a lot shall not, except with the approval in writing of the strata company, use or store upon the lot or upon the common property any inflammable chemical, liquid or gas or other inflammable material, other than chemicals, liquids, gases or other materials used or intended to be used for domestic purposes, or any such chemical, liquid, gas or other material in a fuel tank of a motor vehicle or internal combustion engine.


9. Moving furniture etc., on or through common property
A proprietor, occupier, or other resident of a lot shall not transport any furniture or large object through or upon common property within the building unless he has first given to the council sufficient notice of his intention to do so to enable the council to arrange for its nominee to be present at the time when he does so.


10. Floor coverings
A proprietor of a lot shall ensure that all floor space within the lot (other than that comprising kitchen, laundry, lavatory or bathroom) is covered or otherwise treated to an extent sufficient to prevent the transmission therefrom of noise likely to disturb the peaceful enjoyment of the proprietor, occupier or other resident of another lot.


11. Garbage disposal
A proprietor or occupier of a lot —
(a) shall maintain within his lot, or on such part of the common property as may be authorized by the strata company, in clean and dry condition and adequately covered, a receptacle for garbage;
(b) comply with all local laws relating to the disposal of garbage;
(c) ensure that the health, hygiene and comfort of the proprietor, occupier or other resident of any other lot is not adversely affected by his disposal of garbage.


12. Additional duties of proprietors, occupiers, etc.
A proprietor, occupier or other resident shall not —
(a) use the lot that he owns, occupies or resides in for any purpose that may be illegal or injurious to the reputation of the building;
(b) make undue noise in or about any lot or common property; or
(c) keep any animals on the lot that he owns, occupies or resides in or the common property after notice in that behalf given to him by the council.


13. Notice of alteration to lot
A proprietor of a lot shall not alter the structure of the lot except as may be permitted and provided for under the Act and the by-laws and in any event shall not alter the structure of the lot without giving to the strata company, not later than 14 days before commencement of the alteration, a written notice describing the proposed alteration.


14. Appearance of lot
A proprietor, occupier or other resident of a lot shall not, without the written consent of the strata company, 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.


15. Security

15.1 Security gate and access:
Proprietors, tenants or other occupiers shall ensure that any gate affixed at the entrance to the common property lot is closed and properly secured at all times when not in use.

15.2 Security Key Devices:
1. Proprietors, tenants or other occupiers are to remain responsible at all times for security keyed devices supplied by the strata company and must take all reasonable steps to ensure that the security key is not lost or handed to any person other than another proprietor, occupier or other resident, and is not disposed of otherwise than by returning it to the proprietor or the strata company.
2. Supply of any security keyed device shall only be made to the proprietor, tenant or other occupier during the hours of 9.00am to 5.00pm weekdays or such other times as may be decided by the council of the strata company.
3. A proprietor must exercise a high degree of caution and responsibility in making a security key available for use by an occupier or resident of the lot and must take all reasonable steps including, without limitation, an appropriate agreement in any lease or license of a lot to an occupier, to ensure the return of the security key to that proprietor or the strata company.
4. A proprietor, occupier or other residents of the lot shall within fourteen days of demand reimburse the strata company for all costs of replacing a security access key and the recording of the security system, if a security access key is lost or damage, however that occurs.
5. A proprietor, occupier or other resident of a lot must promptly notify the strata company if a security key is lost or destroyed.
6. If the loss or damage is covered by a policy of insurance effected by the strata company, the strata company shall remit to the proprietor, occupier or other resident of a lot (as the case may be) such amount as the strata company receives under the policy of insurance.
1. The strata company may recover all amounts payable pursuant to this bylaw as a liquidated debt in any Court of competent jurisdiction and interest shall be paid on such amounts due' but paid, as if such monies were unpaid levy raised pursuant to section 36 of the act.
8. The strata company is to provide to each proprietor two original controllers together with any further controllers that the strata council may approve to enable a proprietor, occupier or other resident of a lot to operate the security gates. The cost of supply of any additional controllers is to be determined from time to time by the council and is to be at the expense of the proprietor, occupier or other resident who requests the additional controller.
9. The council of the strata company may appoint a proprietor, tenant or other occupier as a key- caretaker (referred to as 'key caretaker') of the security key devices as it sees fit. The appointee shall maintain a register of all proprietors, tenants or other occupiers who have been given a security key device. Upon sale of a lot or upon cessation of any tenant or other occupier within the parcel, any security key devices shall be returned to the key-caretaker or other nominated person.


16. Strata Company May Make Rules
The council of the strata company shall be entitled from time to time to make and prescribe rules and regulations relating to the use of the common property (not inconsistent with any of the Schedule 1 or Schedule 2 by-laws or these bylaws), for the proper management of the strata scheme or any improvements thereon and may display signs or circularise these rules within the areas to which they apply. Without limiting the generality of this clause the council of the strata company may make regulations.


17. Nuisance
- 17.1 A proprietor, occupier and other resident shall not allow or cause:
- - 17.1.1 the volume of musical instruments, radios, sound systems, televisions and the like to be at a level;
- - 17.1.2 any loud or objectionable noise to be made within the parcel;
- - 17.1.3 any noxious odours; and
- - 17.1.4 any activity upon the parcel,
that may interfere with the peaceful enjoyment of or cause a nuisance to another proprietor, occupier or other resident;

- 17.2 A proprietor, occupier and other resident shall not allow or cause horns, whistles, bells or other sound devices (other than security and warning devices used exclusively for that purpose), noisy or smoky vehicles, power equipment or power tools or items which interfere with television or radio reception to be conducted, located, used or placed on the parcel, without the consent of the strata company.

- 17.3 A proprietor, occupier and other resident shall not allow or cause any fire to be lit on the parcel including, but not limited to, fires used for heating, wood fired pizza ovens, burning of garden or other rubbish.


18. Alcohol, tobacco and drugs
- 18.1 Pursuant to section 42(1)(c) and Item 7 Schedule 2A of the Act and for the benefit of all the proprietors, occupiers and other residents, a proprietor, occupier or other resident shall not allow or cause the:
- - 18.1.1 sale or consumption of alcohol; or
- - 18.1.2 sale or use of any tobacco product,
on the common property and will take all reasonable steps to ensure their visitors comply with this by-law.

- 18.2 Pursuant to section 42(1)(c) and Item 7 Schedule 2A of the Act and for the benefit of all the proprietors, occupiers and other residents, a proprietor, occupier or other resident shall take all reasonable steps to ensure that the:
- - 18.2.1 consumption of alcohol; or
- - 18.2.2 use of any tobacco product,
on the lot does not interfere with the peaceful enjoyment of or cause a nuisance to another proprietor, occupier or other resident.

- 18.3 Pursuant to section 42(1)(c) and Item 7 Schedule 2A of the Act and for the benefit of all the proprietors, occupiers and other residents, a proprietor, occupier or other resident shall not allow or cause the sale or use of any drug prohibited by law on the parcel and will take all reasonable steps to ensure their visitors comply with this by-law.


Top
   
Display posts from previous:  Sort by  
Post new topic  Reply to topic  [ 3 posts ] 

All times are UTC+08:00


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
cron
Powered by phpBB® Forum Software © phpBB Limited