30/125 Hansford Road, Coombabah, Gold Coast Queensland 4216
SCHEDULE C BY-LAWS
The occupier of a lot must not create noise likely to interfere with the peaceful enjoyment of a person lawfully on another lot or the common property.
(1) Occupiers must comply with, and must ensure that their invitees comply with directions given by an authorised representative of the body corporate regarding use of visitor car parking spaces.
(2) The occupier of a lot must not, without the body corporate’s written approval:
a) park a vehicle, or allow a vehicle to stand; b) permit an invitee to park a vehicle, or allow a vehicle to stand on the common property other than as permitted under sub-section 2(1).
(3) The body corporate may cancel an approval given under sub-section 2(2) by giving seven (7) days’ written notice to the occupier.
(4) No motor cycles or motor scooters may be parked on the common property or within a lot unless the motorcycle or motor scooter is housed in a garage and is not visible from any part of the common property other than as permitted under by-law 2.1
3. Damage to Lawns and Gardens
(1) The occupier of a lot must not:
a) damage any lawn, garden, tree, shrub, plant or flower on the common property; or
b) Except with the Body Corporate’s written approval use for his or her own purposes a part of the common property as a garden.
(2) The body corporate may cancel an approval under sub-section 3.1(b) by giving seven (7) days written notice to the occupier.
4. Damage to Common Property
(1) An occupier of a lot must not, without the body corporate’s written approval, mark, paint, drive nails, screws or other objects into, or otherwise damage or deface a structure that forms part of the common property.
(2) However, an occupier may install a locking or safety device to protect the lot against intruders, or a screen to prevent entry of animals or insects if the device or screen is soundly built and is consistent with the colour, style and materials of the building.
(3) The owner of a lot must keep a device installed under by-law 4.2 in good order and repair.
5. Behaviour of Invitees
(1) An occupier of a lot must take reasonable steps to ensure that the occupier’s invitees and licensees do not behave in a way likely to interfere with the peaceful enjoyment of another lot or the common property.
(2) Guests leaving after 11.00pm must be requested by an occupier to leave quietly. Quietness shall also be observed when an occupier of a lot returns to the building late at night or early in the morning hours.
6. Leaving of Rubbish etc. on the Common Property
The occupier of a lot must not deposit or leave rubbish or other materials on the common property (including the bin corrals) in a way or place likely to interfere with the enjoyment of the common property by someone else. Occupiers who require rubbish to be removed from a lot must contact the caretaker to make appropriate arrangements.
7. Caretaking and Letting – Lot 30
(1) The Body Corporate shall have the power to enter into agreements with the proprietor or the occupier from time to time of Lot 30, granting to such proprietor or occupier or to a company or trust of which the proprietor is a director, majority shareholder or trustee as the case may be the right to:
a) Maintain administer and keep in good repair the common property and fixtures and fittings comprised on the common property; and
b) Conduct from Lot 30 the business of letting lots in the group titles plan and providing services to occupants of lots in such plan.
(2) The Body Corporate shall not grant the right specified in By-Law 7 to any person or corporation including any proprietor or occupier from time to time of any lot in the group titles plan except the proprietor from time to time of Lot 30. The Body Corporate may include in any agreements entered into under By-Law 7 any provisions, which are consistent with this by-law.
8. Appearance of Lot
(1) The occupier of a lot must not, without the body corporate’s written approval, make a change to the external appearance of the lot including the building paintwork.
(2) The occupier of a lot must not, without the body corporate’s written approval:
a) Display a sign, advertisement, placard, banner, pamphlet, washing, towels, bedding, clothing or other fabric articles if they are visible from another lot or the common property, or from outside the scheme land.
b) Erect any external blinds
c) Make any structural alternation to a lot (including any alterations to gas, water or electrical installations)
(3) The committee must not unreasonably refuse a request made pursuant to this by-law.
(4) Car spaces and/or carports must be kept tidy and free of litter
(5) Lots must be kept clean and all practicable steps taken to prevent infestation of vermin and insects
(6) An occupier must prevent excessive growth of grass and other vegetation on a lot and must control weeds.
9. Storage of Flammable Materials
(1) The occupiers of a lot must not, without the body corporate’s written approval, store a flammable substance on the common property
(2) The occupier of a lot must not, without the body corporate’s written approval, store a flammable substance on a lot unless the substance is used or intended for use for domestic purposes.
(3) However, this section does not apply to the storage of fuel in:
a) The fuel tank of a vehicle, boat, or internal combustion engine; or
b) A tank kept on a vehicle or boat in which the fuel is stored under the requirements of the law regulating the storage of flammable liquid.
(4) An occupier of a lot shall not bring onto or keep anything on a lot, which shall increase the rate of fire, insurance on the building or which may conflict with laws relating to fires or constitute a breach of any body corporate insurance policy.
10. Garbage Disposal
(1) Unless the body corporate provides some other way of garbage disposal, the occupier of a lot must keep a receptacle for garbage in a clean and dry condition and adequately covered on the lot and out of sight, or on a part of the common property designated by the body corporate for the purpose.
(2) The occupier of a lot must:
a) Comply with all local government local laws about disposal of garbage
b) Ensure that the occupier does not, in disposing of garbage, adversely affect the health, hygiene or comfort of the occupiers of other lots; and
c) Bins must be placed in the designated areas by the occupier to facilitate clearance by the Gold Coast City Council contractor early each designated day (as scheduled from time to time) and returned to their normal storage area within 24 hours.
(3) Empty bottles, boxes, used containers and similar items must be stored out of sight of other lots or common property.
11. Keeping of animals
(1) Subject to section 181 of the Act, an owner of a lot shall not bring or keep any animal or permit an invitee to bring or keep any animal upon his lot or the common property without body corporate written approval.
(2) An owner or occupier who has Body Corporate written approval to keep an animal which is a pet within their lot, may keep that animal on their lot but on the death of that animal, is not entitled to replace that animal without first seeking written body corporate approval..
(3) Subject to sub section 11(2), no animals are permitted on the common property unless they are on a leash or in a vehicle or appropriately restrained. Any animal on common property must be removed if so directed by the committee at any time.
(4) Each owner or occupier is absolutely liable to each other owner and occupier and their respective guests and invitees, for any unreasonable nuisance, noise or injury to any person or damage to property caused by any animal brought or kept upon the parcel by the proprietor or occupier or by his invitees.
(5) Each owner and occupier is absolutely responsible to clean up after any animal brought to or kept upon the parcel by him or his invitees.
(6) Guide dogs are permitted on the parcel in accordance with The Guide, Hearing and Assistance Dogs Act 2009. However, any owner or occupier subject to this entitlement must give written notice to the Body Corporate that a guide dog will be kept on the parcel.
12. Use of amenities
(1) The swimming pool and barbecue areas shall not be used between the hours of 9.30pm and 7.00am.
(2) No child under 13 years shall be allowed to use the barbecue areas or swimming pool except under the supervision of an adult.
(3) Owners and occupiers must not and must not permit any person to jump into the pool from landscape rocks. Adults supervising children as required in sub-section (12.2) are responsible for any breach of this by-law by a child under the supervision of the adult.
(4) The body corporate may make rules relating to the common property and in particular in relation to barbecue areas, swimming pool areas and other amenities provided those rules are not inconsistent with the by-laws and the rules must be observed by occupiers of lots and their invitees unless the rules are revoked by resolution of a general meeting of the body corporate.
(5) No alcohol shall be consumed on the common property other than in the areas designated by the committee for such purpose. The designation of such area may be determined or removed by resolution of the committee.
13. Use of Lot
(1) An occupier must not use a lot, or allow a lot to be used, for any purpose, which is illegal or injurious to the reputation of the parcel, or may interfere with the good management of the parcel.
(2) Water must not be wasted
(3) Plumbing apparatus must not be misused. Any damage to or blockage of plumbing apparatus caused by misuse or negligence of an occupier or invitee must be made good at the cost of the owner of the lot.
(4) Each lot (excluding any garage) shall be used for residential purposes only, except for:
a) Lot 30 which may be used for residential purposes and management purposes and for the purpose of carrying on the business of letting lots in the community titles scheme on behalf of the proprietors of such lots; and
b) Such lots the use of which may be nominated in writing from time to time by the committee to the secretary which use may include:
I. A restaurant
II. Any of the following businesses (or any business similar to any of the following businesses)
(A) Boat hire
(B) Boat maintenance and repairs
(C) Retail sale of boating equipment and boat fuel
(D) Leasing of mooring facilities
III. A convenience store; and
IV. A clubhouse
Where the body corporate expends money to recover unpaid contributions or to make good damage caused by a breach of the Act or of these by-laws by occupier or an invitee of an occupier the committee may institute proceedings to recover the amount so expended as a liquidated debt in an action in a court of competent jurisdiction from the owner of the lot in the case of unpaid contributions, or the owner of the lot at the time when the breach occurred in the case of damage caused by a breach of the Act or by-laws.
15. Communication and regulations
(1) Owners and occupiers of lots must not directly instruct any contractors or employees engaged by the body corporate and all requests regarding body corporate matters, including applications for consent for approval under these by-laws and complaints or comments regarding matters relevant to the body corporate, must be referred to the body corporate committee in writing for consideration by the committee.
(2) A copy of these by-laws or a summary approved by the Body Corporate must be exhibited in a prominent place in any lot, which is available for letting. The owner of a lot which is made available for letting must personally or by its agent obtain a signed acknowledgment from a lessee that the lessee has received a copy of and understood the by-laws, which acknowledgment must be given to the body corporate manager.
16. Maintenance of Exterior of Buildings and Lots
(1) Owners and occupiers of lots are responsible to maintain courtyards in lots to a standard, which is consistent with the amenity of “Prouds Landing”.
(2) Owners must repaint exterior walls of buildings at intervals, which ensure that the exterior surfaces of buildings are maintained in good condition, which is consistent with the original amenity of “Prouds Landing”. The colour of such painting must be approved by the body corporate.
(3) The committee shall determine from time to time:
a) When a building requires painting; and
b) The colour in which the building is to be repainted.
(4) Upon making a determination under sub-section 1(a) the committee shall give notice of its determination to the owners of lots within the building. The owner must within three (3) months of receipt of that notice repaint all external surfaces of the lot in the colours determined by the committee.
(5) Owners of lots within the building may undertake the painting jointly or severally.
(6) If the owner of a lot within the building fails to carry out work as requested by the committee the body corporate may carry out the work and may recover the reasonable cost of carrying out the work from the owner of the lot as a liquidated debt.
17. Private Roads
(1) An occupier of owner of a lot must not drive or permit to be driven any motor vehicle in excess of two and one half (2.5) tonnes weight on the common property, with the exception of a furniture removal vehicle, which may be driven onto the common property between the hours of 7.00am and 5.00pm for furniture removal purposes.
(2) No vehicle used by tradesmen, builders or contractors working on lots shall be driven or permitted to be driven on the common property between 5.00pm and 7.00am each day. The owner and/or occupier of a lot must ensure that roadways are cleaned at the end of each day where a vehicle driven by a builder, tradesmen or contractor invited onto the common property by the occupier of the lot leaves any marks, debris or other material on the roadway. The weight limit in by-law 9(1) applies to vehicles the subject of by-law 9(2).
(3) No vehicles may be driven on the common property at a speed exceeding 15 kilometres per hour. The occupier of a lot must ensure that the occupier’s invitees comply with this by-law.
No caravan, campervan, mobile home, trailer, unregistered motor vehicle or boat may be parked on the common property or within a lot unless the caravan, campervan, mobile home, trailer, unregistered motor vehicle or boat is housed in a garage and is not visible from any part of the common property. An occupier may not reside in a caravan on a lot.
19. Termite Protection
(1) Each Owner must ensure that his lot is kept free from termite activity and take all practical steps to prevent termite activity within his lot.
(2) The Body Corporate Committee may give notice to an Owner requiring that his obligations under by-law 19.1 be complied with.
(3) An owner or occupier, upon receiving reasonable notice from the Body Corporate Committee, shall allow the Body Corporate Committee or its contractors or agents, the right of access to his lot for the purposes of:-
(a) Ensuring that the Owner is complying with his obligations under by-law 19.1
(b) Carrying out the necessary termite control activity to the Lot where the Body Corporate Committee has issued a notice under by-law 19.2 to the Owner and the Owner fails to comply with such notice to the reasonable satisfaction of the Body Corporate Committee within fourteen (14) days of the date of the notice.
(4) (a) An Owner must pay on demand the whole of the Body Corporate’s costs and expenses in connection with any termite control activity carried out by it under by-law 19.3 b) and the amount of such costs and expenses shall be deemed to be a liquidated debt due by the Owner to the Body Corporate.
(b) If an Owner fails to pay any such costs and expenses upon demand, the Body Corporate may:-
(1) Take action for the recovery of these costs and expenses in a Court of competent jurisdiction; and /or
(2) enter such costs and expenses against the levy account of the Owner.
(5) Each Owner releases the Body Corporate from, and agrees that the Body Corporate is not liable for, liability or loss arising from, and cost incurred in connection with damage, loss, injury or death due to any termite control activity carried out under by-law 19.3 b) unless it is caused by the negligence of the Body Corporate or its contractors or agents.
20. Exclusive use
(1) Each Owner of Lot 30 shall be entitled to the exclusive use of that part of the common property specified on the plan marked “C” attached to these by-laws for the purposes of erecting and maintaining a canopy leading to the entrance to Lot 30. The owner shall not litter the part of the property of which exclusive use is granted under this by-law, but otherwise the body corporate shall continue to be the responsibility to carry out its duties in respect of the area of common property of which exclusive use is allocated. Refer to Schedule E.
(2) The owners of Lots 1, 3, 4, 15, 26 and 27 are allocated exclusive use of the areas identified on plans marked ‘A’ and ‘B’. Refer to Schedule E.
21. Application and approval process
(1) When deciding whether to approve an application made by an owner or occupier (the applicant) under these By-laws, the body corporate may:
1. Request the Applicant to provide all information reasonably required to make a decision;
2. Grant its approval on relevant conditions;
3. Refuse an application if the Applicant fails to provide any information reasonable necessary for the body corporate to make a decision within 28 days of a written request being made for specific information or;
4. Refuse an application which does not adhere to the by-laws or any relevant legislation.
(2) An owner or occupier of a Lot granted approval under these by-laws must comply with any conditions of that approval, failing which, the Body Corporate may withdraw that application.
(3) Any approval under there by-laws by the Body Corporate is invalid to the extent it is inconsistent with the Act or Regulation Module.