By-Laws

An owner or occupier of a lot must not create any noise on a lot or the common property likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.

An owner or occupier of a lot must not park or permit the entry of any motor or other vehicle onto common property except to pick up or deliver passengers, furniture, other objects or tools and equipment to or from the goods entry on B2 Level (vehicle clearance 2.0 metres).

Immediately after loading or unloading and as quickly as possible the vehicle must vacate the common property.

a) An owner or occupier of a lot may allow a vehicle of a tradesperson or visitor to occupy their own parking lot (clearance to Garages and other spaces is about 1.8 metres) but must not allow a tradesperson or visitor to park on common property and obstruct free movement of authorised vehicular traffic.

b) The Owners Corporation may reserve portions of common property on a recurring basis for tradespersons it employs such as general cleaner, pool service contractor, gardener or other contractors to park a motor or other vehicle on common property while undertaking repair, maintenance or renewal work for the Owners Corporation.

An owner or occupier of a lot must not obstruct the lawful use of common property by any person except on a temporary non-recurring basis.

a) An owner or occupier of a lot must not obstruct free access to or from a fire stair or an entry or exit on common property.

b) An owner or occupier of a lot must not erect a marquee or tent on common property.

An owner or occupier of a lot, except with the approval of the Owners Corporation must not cause damage to any lawn, garden, tree, shrub, plant or flower being part of or situated on common property.

An owner or occupier of a lot must not install a security screen in the entry opening of a lot. An owner of a lot shall not alter the unit entry door, door hardware, paint finish, colour, light fittings or other items or devices of common property.

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.

An owner or occupier of a lot must not permit a child over whom he/she has control to play on common property within the building or, unless accompanied by an adult to exercise effective control, or to remain on common property comprising a car parking area or other area of possible danger or hazard to children.

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.

An owner or occupier of a lot must not deposit or throw on common property any rubbish, dirt, dust, cigarette buts or other material or discarded item onto common property including onto the garbage room floor.

An owner or occupier of a lot must not hang any washing, towel, bedding, clothing or other article on a balcony rail or any part of the parcel in such a way as to be visible from the outside of the building other than on clothes lines provided by the Owners Corporation for the purpose and there only for a reasonable period.

Except in the circumstances referred to in sub-clause a): an owner or occupier of a lot is responsible for cleaning all interior and exterior surfaces of glass in windows, doors and balustrades on the boundary of the lot, including so much as is common property.
a) The Owners Corporation is responsible for cleaning exterior glass that cannot be accessed by the owner or occupier of the lot safely or at all.

An owner or occupier of a lot must not use or store on the lot or common property any inflammable chemical, liquid, gas or other inflammable material.
a) 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.

An owner or occupier of a lot must notify the Owners Corporation at least 21 days before change of any floor coverings or surfaces of the lot. The notice must specify the type of proposed new floor covering.

a) Removal and Replacement of Magnesite
Once the original floor surface is removed, the owner will allow access to the unit by the Owners Corporation Representative to inspect magnesite substrate. Should the Owners Corporation Representative determine the areas of magnesite are to be removed for the investigation and repair of concrete spalling or absorption of moisture or similar issues, then the Owners Corporation will undertake the investigation, repair and make good at its expense. In order to facilitate any required repairs, the owner or occupant shall grant access to the Owners Corporation’s nominated contractor in order to complete the works. Where owners remove magnesite for their own purposes, then the cost of reinstatement of levelling and acoustic products shall be borne by the owner or occupier.

b) Acoustic Underlays
Acoustic underlays are required to be installed prior to the installation of new surface finishes, or where the magnesite has been removed and replaced with non-acoustic material. The cost of supply and installation of the acoustic underlay is to be borne by the owner or occupier.

c) This by-law does not affect any requirements under any by-law to obtain a consent to, approval for or any other authorisation for change of the floor covering of the surface concerned.

The Owners Corporation nominates the following minimum underlays for each type of surface finish:

Carpet – general carpet underlay is required in all circumstances except where magnesite has been removed beneath. Where magnesite has been removed then Regupol 6010 10mm (or equal) is required to be installed prior to the laying of new carpet.

Engineered timber flooring – Regupol 5512 (or equal) is required to be installed prior to the installation of engineered timber flooring.
Should another surface not detailed above be nominated, then the owner or occupier should seek direction from the Owners Corporation representative with regard to the type of underlay to be used. For example, if tiles are permitted, this would require underlay of Regupol 4515 4.5mm (or equal).

An owner or occupier of a lot shall follow the current guidelines established by the Owners Corporation with respect to the amount, sorting and disposal of garbage.

The guidelines sign posted in the Garbage room conform to current Council requirements for collection and disposal of garbage.

Note: failure to follow Council’s requirements may result in refusal by the council to dispose of the garbage.

a) Before garbage, recyclable materials or waste is placed in the receptacles, an owner or occupier of a lot must securely wrap garbage, or in the case of tins or other containers completely drain them or, in the case of recyclable material or waste, separate and prepare it in accordance with the recycling guidelines, and

b) Comply with the local council’s requirements for storage, handling and collection of garbage, waste and recyclable material, and place bins on the footpath for collection as required by Council.

c) Notify any loss of, or damage to council receptacles provided for collection of garbage, recyclable material or waste.

d) An owner or occupier of a lot must not leave unwanted items, materials or waste on top of bins or on the Garbage Room floor.

e) Cardboard boxes and cartons must be broken down and flattened so as to fit easily and be laid flat in the appropriate receptacle to conserve space.

f) Recycle items for Blue and Yellow lid bins must be removed from plastic carry bags before putting them in the bins.

g) Plastic wrappings or plastic carry bags must not go into bins with Blue or Yellow lids because the plastic causes damage to the recycle machinery and is the reason why all plastic bags; wrappings etc must go into Red Lid Bins the contents of which are disposed directly into landfill.

h) Furniture or parts thereof, building materials or any other item or object not approved for placement in a bin, must not be left in the garbage bin storage area.

Subject to section 49 (4) of the Act, an owner or occupier of a residential lot must not keep any animal on the lot or the common property.

The owner or occupier of a lot must not 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.

Prior to seeking to change the existing use of the lot in any way that may effect the integrity of the building, common areas or costs associated with operating, insuring or maintaining the building, an owner of a lot must notify, and obtain approval from the Owners Corporation.

The Owners Corporation may, by special resolution, determine to enter into arrangements for the provision of the following amenities or services to one or more of the lots, or to the owners or occupiers of one or more lots;
a) Electricity or water supply,
b) Garbage disposal.
c) Telecommunications, cable, television and similar.

The owner of a lot must ensure that the lot is not used for any purpose that is prohibited by law, and
a) The owner or occupier of a lot must ensure that the lot is not occupied by more persons than are allowed by law to occupy the lot.

The Owners Corporation has resolved that furniture, large objects, building materials, appliances, tools and equipment must be transported through or on common property in accordance with that resolution and as follows:

a) Deliveries and Removals are NOT PERMITTED via the Main Entry Foyer.

b) Items to be delivered or removed must be taken to the B2 level for access to the Lift. The maximum vehicle clearance height is 2.0 metres.

c) Before using the lift to transport furniture, large objects or building materials, an owner or occupier of a lot must erect protective lift blankets kept in the store on B2 level to shield the walls of the lift against damage and move the lift floor carpet into the B2 storage room. Upon completion each day the protective blankets must be returned to the B2 storage room and the carpets replaced in the lift. Note: Unit entry keys will access the Lift blanket store referred to above.

d) If the delivery or removal vehicle is higher than 2.0 metres goods must be moved manually by trolley or other means, between the Street and B2 Level for access to and from the Lift.

e) An owner or occupier of a lot is responsible to supervise and brief any person working on their behalf and ensuring requirements of this by-law are met.

f) An owner or occupier of a lot shall be liable for any damage to common property caused by the deliveries and removals.

g) The requirements of this by-law also apply to delivery and removal of items for and on behalf of the Owners Corporation.

h) Notwithstanding the above the owners corporation may approve access through the lobby and B1 entries in special circumstances.

An owner must advise the Owners Corporation of the full name and contact numbers of an occupier of a lot immediately they take possession. If a lot is leased the owner must also provide the lessee with a copy of the by-laws and shall be responsible for adherence with those provisions by the occupant.

Short term letting for periods less than ninety (90) consecutive days for any purpose (e.g. Airbnb or equivalents) is prohibited by applicable zoning regulations.

An owner of a lot who wants to sell may with approval of the Owners Corporation erect one only ‘For Sale’ sign on the ‘north boundary’ not more than 5 metres from the ‘West’ side boundary in such a manner as to not damage common property or plants. ‘For Lease’ signs are NOT permitted. Signs must not be affixed to common property or displayed in windows or on balconies.
a) Approval shall be for a limited period determined by the executive committee. The sign must be removed immediately a sale has been agreed and shall not remain in place to advertise the sale.

An owner or occupier of a lot is responsible for insurance of their own property other than items included under the definition of ‘building’ in Part 4, Section 81 of the Strata Schemes Management Act 1996 No. 138 and shall not make any claim upon the Owners Corporation or its servants for any loss or damage to furniture, goods, chattels, artefacts, clothing, jewellery, motor vehicle/s or other items due to loss or damage from matters such as burglary, theft, fire, bursting pipes, overflowing tanks or sewerage failure that may occur.

An owner, occupier or visitor to a lot must not feed or encourage birds or cause or contribute to the creation of a nuisance likely to interfere with the peaceful enjoyment of an owner or occupier of another lot or of any person lawfully using common property.
a) An owner or occupier of a lot must not place or leave food on a window sill, balcony or balcony rail of a lot or throw food onto common property or encourage birds to alight, land or perch on any part of a lot or on common property.

Note: Birds can be very noisy, a nuisance & a health hazard. White cockatoos, parakeets and pigeons can be destructive and shed unhealthy deposits, parasites, fleas, bird mites, lice and similar.

An owner or occupier of a lot must ensure that water used for washing windows and balconies or for watering plants or shrubs or other purposes, does not flow, fall or drip upon the lot of another owner or onto common property.

a) An owner or occupier of the lot must not allow waste water or condensate from any air conditioner equipment to discharge onto or from common property or to create a nuisance to an occupier of another lot, it must be piped directly into the drainage system or collected and discharged into a receptacle or floor waste within the lot in which it is installed. Refer to By-Law 36 (2)

b) Periodic maintenance or cleaning of balcony tiles must be by sweeping, mopping or similar to avoid water runoff.

An owner or occupier of a lot must ensure the garage door is shut and locked to maintain security at all times when not being used to enter or depart the lot.

Garage doors have frequently been damaged by high winds arising from the failure to keep doors closed and locked and thefts have occurred because unlocked garage doors provide easy access for thieves to cut through the wire dividers between parking lots to gain access into adjoining lots.

An owner, occupant or visitor of a lot must not smoke in any common property areas due health & safety issues and sensitive ‘Smoke Detectors’ in those areas which if activated will call the Fire Brigade, for which a substantial charge may be levied. Offenders or their host shall be responsible for any costs arising from a breach of this by-law.
a) An owner or occupant of a lot must not permit a garage area to become cluttered with papers, rubbish or other items that may constitute a fire hazard.

The swimming pool is for use and enjoyment of an owner or occupier of a lot. Residents wishing to use the swimming pool must comply with the following guidelines to ensure the security, safety and enjoyment of those who use the facility and for compliance with health and safety requirements.

a) Only residents are permitted to use the swimming pool except that guests are permitted by invitation and in company of the owner or registered occupier of a lot.

b) Use of the swimming pool is restricted to the hours between sun rise and 10 pm.

c) Noisy or boisterous behaviour is not permitted. Consideration must be given to the rights of owners or occupants of the adjoining properties to quiet and privacy.

d) Children under the age of 12 must be accompanied by a resident adult who must be responsible for their supervision, behaviour and safety.

e) Surf boards, float boards, hard balls or similar are not permitted in the pool enclosure.

f) Pool parties are not permitted in the pool enclosure.

g) Alcohol consumption is not permitted in the pool enclosure.

h) Glass or other containers liable to shatter or splinter if broken are not permitted inside the pool enclosure.

i) Safety doors or gates must be kept closed at all times and never propped open.

An owner or occupier of a lot must not enter the roof area except at their own risk.

An owner or occupier of a lot becoming aware of any damage to electrical wiring, cables, leaks in water or drainage pipes, ducts or ventilation systems, lift or similar defects in common property shall immediately notify the managing agent so remedial work can be undertaken. All other complaints shall be addressed to the managing agent in writing.

The Owners Corporation pursuant to Section 62(3)(a) determines that repair and replacement of locks and keys to unit mail boxes & garage doors, and replacement only of unit entry door keys shall be the responsibility of the lot owner.

Because of fire risk and unpleasant fumes, an owner or occupier of a lot must not use a barbecue fired by charcoal; briquettes, wood, or other combustible material on a balcony.

Due to high wind risk, balcony barbecues must be strongly anchored to floor. Weight of barbecue alone has proved insufficient to withstand wind gusts.

To change or alter a by-law shall require a special resolution passed at a general meeting of the Owners Corporation in compliance with Section 21(2)(a) of the Strata Schemes Management Act 1996 No 138.

Conditions of approval: An owner of a lot must apply to the Owners Corporation in writing of the intention to renovate and must first obtain written approval of the Owners Corporation and comply with all conditions of such approval.

Noise must be kept to a minimum. Noise generating work shall not commence before 8:00am and be completed by 4.00pm, otherwise hours of work shall be between 7:00am and 5:00pm Monday to Friday. There is to be no work on weekends or public holidays (unless in the case of emergency).

a) An owner of a lot must submit drawings (if structural changes are involved) and specifications to show the detail and extent of the proposed work and shall if required provide a certificate of structural adequacy from an accredited structural engineer.

b) During renovations all heat & smoke detectors must be protected against the alarm being activated by smoke, heat or dust generated by the building works to do so tape protective sheeting or similar over detectors. Refer to By-Law 29.

c) An owner of a lot shall obtain and comply with all statutory requirements in relation to building works (Refer to By-Law 13 ‘Changes to Floor Coverings and Surfaces’) and must comply with all by-laws and written ‘conditions of approval’ of the Owners Corporation.

d) An owner of a lot must ‘take out’ and maintain a contractor’s all works insurance policy as required under the Home Building Act 1989 (if applicable) including workers compensation insurance and public liability insurance in the amount of ten million dollars in the joint names of the owner of the lot and the Owners Corporation to cover the works.

e) An owner of a lot must ensure that all works are completed in accordance with the ‘conditions of approval’ in a proper and workmanlike manner, by accredited and licensed contractors and must protect common property from damage by the works or by transportation of construction equipment and materials on or through common property. Keep all areas outside the owner’s lot clean and tidy during the period of the works and remove all debris, waste and other materials resulting from the renovations from the common property on a regular basis.

f) An owner of a lot consents to a representative of the Owners Corporation to enter the lot during and at completion of the works to ensure compliance with the conditions of approval of these by-laws.

g) An owner of a lot shall indemnify the Owners Corporation against loss or damage suffered by the Owners Corporation either directly, through a lot owner or third party as a result of the performance, maintenance or rectification of any works on any lot or common property, such loss or damage shall include legal costs and costs of expert reports. The owner shall pay to the Owners Corporation the sum claimed under this by-law within 14 days of the date of written demand by the Owners Corporation.

h) An owner of a lot doing alterations or renewals must also comply with the requirements of By-laws 2, 3 & 21.

1) Water Heaters & Drainage Tray
The owner or occupier of the unit is responsible for the costs associated with the repair, maintenance or replacement of the hot water heater and associated trays.

An owner of a lot replacing a hot water heater must install a pressure reduction valve and a metal drainage tray under the heater not less than 75mm deep to hold leaked water and be fitted with a continuous drainage line not less than 20mm diameter routed to discharge into a bath room, shower enclosure, laundry floor waste or other suitable location. Any lot not fitted with a drainage tray and continuous drainage line must comply next time a water heater is replaced.

The Owners Corporation plumbing representative shall undertake an annual inspection of all units on a nominated day to inspect the condition of the hot water heaters and trays. The owner or occupier shall allow access on the nominated day to enable the inspections to be completed.

Where the Owners Corporation plumbing representative determines that the hot water heater or tray is defective or requires maintenance, then the Owners Corporation shall provide written notice to the affected unit owner instructing the owner to resolve the nominated issue at the owner’s expense.

The owner is required to have the issue resolved within a period of 8 calendar weeks from the date of the letter.

2) Air Conditioners & Condensate Disposal
An owner of a lot may install an air conditioner and must first obtain a written approval of the Owners Corporation. Air conditioner units must be sited on a balcony below the level of the balcony balustrade located to minimise noise nuisance to an adjoining lot. Air conditioners must not be installed in walls, window or door openings. Air conditioner units must provide a drainage system to collect all water or condensate from the operation of any air conditioner equipment, to be piped directly into the balcony spitter channel(s).

3) Renewal of Tiles in a lot & Waterproofing.
An owner of a lot must first obtain the written approval of the Owners Corporation to retile the floor or walls in a kitchen, laundry, bathroom, toilet or en-suite. It is not permitted to lay new tiles over old tiles. Remove all old tiles and underlying screeds and notify the Owners Corporation to inspect to determine if structural repairs are needed before waterproofing is applied.

Apply a minimum of three coats of approved waterproof membrane by a licensed applicator carried up the perimeter walls 100mm, except in a shower enclosure or if a shower is located over a bath then waterproofing shall be carried up to a height of 1800mm.

Floor tiles must be laid using an industry approved adhesive, graded to floor wastes to ensure water spills discharge into drainage lines provided to prevent flooding.

4) Balcony sliding doors and balcony waterproofing/tiling
An owner or occupier of the lot must notify the Owners Corporation at least 21 days before change to the balcony doors or tiles, including confirmation of the selected contractor. Works are to proceed as per the minimum standards set out below:

Minimum standards have been established for balcony sliding doors and balconies to minimise the risk of damage (now or future) to Owners Corporation property.

It is recognised that the owner of the lot is responsible for the cost of all works (both to balcony doors and balconies), except where concrete spalling repairs or cavity repairs are identified during inspections by the Owners Corporation representative.

Where the Owners Corporation are responsible for the repairs, they may elect to engage an independent contractor to undertake the works.

Balcony Doors
Upon removal of the existing doors the door hob shall be inspected by the Owners Corporation representative. The cost of the inspection shall be borne by the Owners Corporation.

The existing alcore sub sill flashing shall be removed and the door hob shall be repaired to a reasonable state in preparation for the application of the new membrane.

The door hob shall be waterproofed with Ardex WPM 002 (or equal) as per the manufacturer’s written instructions. The extent of waterproofing shall include the top of the hob, the external vertical face and 100mm onto the adjacent balcony surface.

The membrane shall be terminated on the top of the internal edge of the hob, using a 20mm x 20mm aluminium angle mechanically fixed and sealed.

The new doors shall have a water rating of 600 pascals (commercial frame) and the relevant wind ratings, and be finished in 25um silver anodising. The door shall include a sub sill tray, with the ends boxed and sealed.

Balcony tiles
If replacing balcony tiling, then doors must be removed to allow for inspection and correction of area under the doors, as well as waterproofing of hob. Refer to By-Law 36 h (4) Balcony Doors. It is likely that the old doors cannot be replaced and therefore new doors will need to be installed at owners’ cost. Refer to By-Law 36 h (4) Balcony Doors.

The existing tiles and screed must be removed from the balcony if new tiles are proposed to be installed. The substrate must be inspected by the Owners Corporation representative. The cost of the inspection will be borne by the Owners Corporation.

The balcony surface shall be graded to the existing spitter channels with a minimum of one degree fall. The original concrete slab shall be primed with Ardex WR Prime prior to the application of the new grading screed and the grading screed shall include Ardex WPM 405 to act as a bonding agent. All materials shall be installed as per the manufacturer’s written instructions.

The surface of the grading screed shall be primed with Ardex WPM 300 and two coats of Ardex WPM 002 membrane. Where balcony doors and hobs are being undertaken simultaneously then the membrane shall overlap 100mm onto the balcony hob membrane system.

New tiles shall be fully vitrified with a minimum slip rating of R11.

The tiles are to be directly stuck to the WPM002 membrane using Ardex Optima. The tiler should ensure that there is not more than 90% coverage on the underside of the tile to avoid air pockets. The tiles should be grouted with Ardex FG 8.

Alternative materials can be used, provided they are equivalent to the materials nominated above.

Approvals given by the Owners Corporation cannot authorise any addition, alteration or attachment of any item to common property including within a balcony area forming part of a lot that shall alter the architectural design or change the external appearance or character of the building or diminish the outlook of an owner of another lot.