Strata Management: Priback Strata
contact@priback.com.au
1300 567 411
priback.com.au
a
contact@priback.com.au
1300 567 411
priback.com.au
a
1. Definitions and Interpretation
1.1 In these Rules, the following words have the following meanings:
(a) “Act” means the Owners Corporation Act 2006 and associated regulations including the Regulations.
(b) “Approved Internal Blinds” means roller blinds which are white in colour.
(c) “Building” means the building or buildings situated at 283 City Road, Southbank, Victoria, 3006.
(d) “Common Property” means the common property on the Plan of Subdivision.
(e) “Development” means the development of the land situated at 283 City Road, Southbank, Victoria, 3006.
(f) “Lift” means any lift in the Building owned by the Owners Corporation.
(g) “Lots” means the lots on the Plan of Subdivision.
(h) “Manager” means a manager appointed in accordance with the Regulations.
(i) “Member(s)” means a member of the Owners Corporation.
(j) “Occupier” means the legal occupant from time to time of the Lots.
(k) “Outgoings” shall include (but not necessarily be limited to) all rates, charges, taxes and impositions (other than those levied directly against the Member’s lot), insurances of the Building and improvements (including but not limited to public risk and reinstatement), cleaning, electricity, fire protection, maintenance of lifts, repairs and maintenance, security, bank fees, and associated government charges, garden maintenance, air conditioning of Common Property and like expenses associated with the maintenance and operation of the Common Property.
(l) “Owner” means an owner of a Lot.
(m) “Owners Corporation” means the Owners Corporation on the Plan of Subdivision established pursuant to the Act and includes any Manager or committee that has been duly appointed and delegated by the Owners Corporation pursuant to the Regulations to assume certain powers and duties of the Owners Corporation and, in particular, to set the terms and conditions referred to in any of these rules.
(n) “Plan of Subdivision” means Plan of Subdivision No. PS 618951Y.
(o) “Regulations” means the Owners Corporation Regulations 2007 (as amended).
(p) “Relevant Authority” means the City of Melbourne.
(q) “Security Key” means key, swipe card or any other device to secure the Building or any part thereof, or to gain entry thereto.
1.2 In these Rules, unless the context otherwise requires:
(a) headings are for convenience only;
(b) words imparting the singular include the plural and vice versa;
(c) words imparting a gender include any gender;
(d) a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes;
(e) a reference to a law includes all laws replacing them and a reference to a statute includes all regulations, proclamations, ordinances and rules issued under statute;
(f) an expression imparting a natural person includes any company, partnership, joint venture, association or other Owners Corporation and (g) a reference to a thing includes part of that thing; and
(h) these rules operate in addition to any obligation or responsibility imposed on you under the stature or common laws or inequity.
2. Rules – Obligations and Restrictions
2.1 These rules exist for the purpose of controlling, managing and administering the use and enjoyment of the Common Property. These are binding on Owners, Members, Occupiers and the Owners Corporation.
2.2 These rules may be amended from time to time by the Owners Corporation in accordance with the Act.
2.3 The obligations and restrictions in these rules shall be read subject to the rights, grants or privileges that may be given to any person or persons by the Owners Corporation from time to time, and to the extent of any inconsistency, any such rights, grants or privileges, prevail over these rules in respect of the person or persons to whom they are given.
2.4 The obligations and restrictions in these rules shall be read subject to the rights, grants or privileges that may be given to any person or persons by the Owners Corporation from time to time and to the extent of any inconsistency, any such rights, grants or privileges, prevail over these rules in respect of the person or persons to whom they are given. Without limiting the foregoing, these rules shall be read subject to the rights of Water Living Pty Ltd ACN (123 806 413) and its related companies and their respective consultants, employees and agents to conduct marketing activities on the Common Property until all of the Lots on the Plan of Subdivision are sold, including (without limitation):
(i) allowing invitees to have access to the Common Property in the company of an
agent or representative acting on behalf of; and
(ii) placing and maintaining sale signs, insignia and other fixtures and fittings for
marketing purposes on the Common Property; and
(iii) allowing representatives and their invitees to conduct selling activities from a Lot
which will serve as a display lot.
2.5 If any rule or part thereof is found by a court of competent jurisdiction to be invalid, unlawful, unenforceable or void, then that rule or part thereof shall be struck down and shall have no further force and effect, however all remaining rules or part thereof capable of separate enforcement and effect shall continue to be valid and enforceable in accordance with their terms.
3. Model Rules
3.1 Health, safety and security
(a) An Owner or Occupier must not use the Lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an Owner, Occupier, or user of another Lot.
(b) In relation to the storage of flammable liquids and other dangerous substances and materials the following applies:
(i) except with the approval in writing of the Owners Corporation, an Owner or Occupier of a lot must not use or store on the lot or on the Common Property any flammable chemical, liquid or gas or other flammable material.
(ii) this rule does not apply to –
(A) chemicals, liquids, gases or other material used or intended to be used for
domestic purposes; or
(B) any chemical, liquid, gas or other material in a fuel tank of a motor vehicle or internal combustion engine.
(c) An Owner or Occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the Occupiers or users of other lots.
3.2 Management and administration
(a) In relation to the metering of services and apportionment of costs of services the following applies:
(i) the Owners Corporation must not seek payment or reimbursement for a cost or charge from a lot Owner or Occupier that is more than the amount that the supplier would have charged the lot Owner or Occupier for the same goods or services.
(ii) if a supplier has issued an account to the Owners Corporation, the Owners
Corporation cannot recover from the lot Owner or Occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot Owner or Occupier from the relevant supplier.
(iii) sub-rule 3.2(a)(ii) does not apply if the concession or rebate –
(A) must be claimed by the lot Owner or Occupier and the Owners Corporation has given the Owner or Occupier an opportunity to claim it and the Owner or Occupier has not done so by the payment date set by the relevant supplier; or
(B) is paid directly to the Owner or Occupier as a refund.
3.3 Use of Common Property
(a) In relation to the use of Common Property the following applies:
(i) an Owner or Occupier of a Lot must not obstruct the lawful use and enjoyment of the Common Property by any other person entitled to use the Common Property.
(ii) an Owner or Occupier of a Lot must not, without the written approval of the Owners Corporation, use for his or her own purposes as a garden any portion of the Common Property.
(iii) an approval under sub-rule 3.3(a)(ii) may state a period for which the approval is granted.
(iv) an Owner or Occupier of a Lot must not keep any animal on the lot or on the Common Property after being given notice by the Owners Corporation to remove such animal after the Owners Corporation has resolved that the animal is causing a nuisance.
(v) an Owner or Occupier of a Lot must not move any furniture, equipment or goods via any stairs or the Lift or other parts of the Common Property unless the prior written approval of the Owners Corporation or its Manager is obtained and the moving of such items upon obtaining such approval is done at such time or times and in accordance with such directions as may be given by the Owners Corporation or its Manager.
(b) An Owner or Occupier of a Lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle –
(i) to be parked or left in parking spaces situated on Common Property and allocated for other lots; or
(ii) on the Common Property so as to obstruct a driveway, pathway, entrance or exit to a Lot; or
(iii) in any place other than a parking area situated on Common Property specified for that purpose by the Owners Corporation.
(c) In relation to damage to Common Property the following applies:
(i) an Owner or Occupier of a Lot must not damage or alter the Common Property without the written approval of the Owners Corporation;
(ii) an Owner or Occupier of a Lot must not damage or alter a structure that forms part of the Common Property without the written approval of the Owners Corporation;
(iii) an approval under sub-rule 3.3 (c) (i) or (ii) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject;
(iv) an Owner or person authorised by an Owner may install a locking or safety device to protect the Lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the Building; and
(v) the Owner, or person referred to in sub-rule 3.2 (c) (iv) must keep any device, screen or barrier installed in good order and repair.
3.4 Lots
(a) An Owner or Occupier of a Lot must give written notification to the Owners Corporation if the Owner or Occupier changes the existing use of the Lot in a way that will affect the insurance premiums for the Owners Corporation.
3.5 Behaviour of persons
(a) An Owner or Occupier of a Lot must take all reasonable steps to ensure that guests of the Owner or Occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the Common Property.
(b) In relation to noise and other nuisance control the following applies:
(i) an Owner or Occupier of a Lot, or a guest of an Owner or Occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the Common Property; and
(ii) sub-rule 3.5 (b) (i) does not apply to the making of a noise if the Owners Corporation has given written permission for the noise to be made.
3.6 Dispute resolution
(i) The grievance procedure set out in this rule applies to disputes involving an Owner, Manager, or an Occupier or the Owners Corporation.
(ii) The party making the complaint must prepare a written statement in the approved form.
(iii) If there is a grievance committee of the Owners Corporation, it must be notified of the dispute by the complainant.
(iv) If there is no grievance committee, the Owners Corporation must be notified of any dispute by the complainant, regardless of whether the Owners Corporation is an immediate party to the dispute.
(v) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the Owners Corporation, within 14 working days after the dispute comes to the attention of all the parties.
(vi) A party to the dispute may appoint a person to act or appear on his or her behalf at the meeting.
(vii) If the dispute is not resolved, the grievance committee or Owners corporation must notify each party of his or her right to take further action under Part 10 of the Act.
(viii) This process is separate from and does not limit any further action under Part 10 of the Act.
4. Negative Obligations
A Member must not and must do all things reasonable to ensure that the Occupier of a Member’s lot does not:
4.1 Use of Common Property and Lots
(a) damage, deface or obstruct any entrances, passages, stairways, landings, pathways or any part of the Common Property or use them for any purpose other than the purpose for which they are provided or properly available for;
(b) enter, or facilitate any person to enter, any plant room, machinery room, equipment area or other similar area without the prior written consent of the Owners Corporation;
(c) use any part of the Building, lots or Common Property for a purpose other than the purpose for which it has been provided or for which it is properly available;
(d) use or permit any person under his or her control to use roller blades, roller skates or a skateboard on the Common Property;
(e) dispose of any cigarette butts or ash on to the Common Property;
(f) use or permit to be used in a manner that would contravene any planning regulations, requirements or restrictions placed on the Plan of Subdivision.
4.2 Interference with Fittings, Services or Facilities
(a) obstruct windows, air vents, air-conditioning ducts or emergency exits in, or any other part of, the Common Property;
(b) cover or obstruct any lights, windows or other means of illuminations of the Common Property or the Building;
(c) do any act or thing which affects the working of the air-conditioning in the Building (including, without limitation, altering any thermostat or other control in the Building, the Common Property or in the Lots);
(d) obstruct or in any way interfere with any fire appliance, cupboard, stairway or landing in the Building or permit any fire appliance, cupboard, stairway or landing in the Building to be obstructed.
4.3 Balconies, Windows and Outward Appearance
(a) hang or place on any balcony or in any window of a Member’s Lot or in or about the Common Property anything which adversely affects the outward appearance or state of repair of a Member’s lot or the Common Property or which may otherwise affect the use and enjoyment of the lots and Common Property of the Building by Members or Occupiers;
(b) hang or place any washing on or from any balcony or in or from any window;
(c) use any balcony as a place of storage;
(d) keep a plant on a balcony if the planter which it is in allows water to drain through drainage holes in the planter unless the planter is in a container which will retain all water that drains from the planter;
(e) keep or allow anything belonging to a Member or Occupier to be on any balcony or any part of the exterior of a Member’s Lot after being given notice by the Owners Corporation to remove that thing after the Owners Corporation has resolved that the thing is causing a nuisance or adversely affects the use and enjoyment of the Building, Lots or Common Property by Members and Occupiers;
(f) allow any garden, plant, balcony or open land forming part of the Lot to become unkempt, overgrown or unsightly;
(g) plant or permit to be planted in any garden or open land forming part of a Member’s Lot any plants, trees, lawn or other vegetation except by replacing any such vegetation which dies with plants, trees, lawn or vegetation of the same size and type unless otherwise approved in writing by the Owners Corporation;
(h) display or exhibit pot plants outside the Member’s Lot in excess of the number permitted by the Owners Corporation or of a size, type or material not permitted by the Owners Corporation;
(i) without the prior written consent of the Owners Corporation install or place, or permit to remain installed or placed, any air-conditioning unit, fan, satellite dish or other appliance in such a position as to be visible from outside the Member’s Lot with the exception of any installed by the Owners Corporation;
(j) without the written prior consent of the Owners Corporation paint, maintain or alter in any way the external façade of the Building and/or the Members lot.
(k) Install any curtains, blinds or other window furnishings or the interior of any window forming part of any Lot other than the Approved Internal Blinds.
4.4 Waste or Garbage
(a) store or keep waste or garbage other than in properly tightly secured receptacles in an area specified for such purpose by the Owners Corporation or within the Member’s Lot or as otherwise directed by the Owners Corporation;
(b) put any garbage or refuse anywhere on the Common Property other than in garbage bins or containers so designated by the Owners Corporation;
(c) put any type of waste or garbage in Owners Corporation garbage bins or containers other than the type of waste designated for those bins;
(d) put any waste or garbage in Owners Corporation garbage bins or containers unless securely tied in a plastic bag;
(e) put any waste or garbage in Owners Corporation bins or containers designated for use by members of the public;
(f) burn any rubbish or waste in or upon the Lot or the Common Property;
(g) throw, drop, or let fall any article or substance from or out of a lot or the Common Property.
4.5 Alterations of Lots and Common Property
(a) make any alteration, addition to, paint or decorate the exterior of a Member’s Lot without the prior written consent of the Owners Corporation;
(b) carry out or permit to be carried out any building work requiring a building approval under the Building Act 1993 (or an equivalent enactment) unless:
(i) at least 21 days’ written notice of intention to carry out the work, accompanied by proper plans and specifications of the work, has been given to the Owners Corporation by the Member who owns the Lot on which the work is proposed to be carried out; and
(ii) the Owners Corporation gives its prior written approval of the work; and
(iii) the Member or Occupier of a lot must enter into a “Building Works Agreement” with the Owners Corporation detailing the conditions to apply with respect to the works to be undertaken (i.e. adherence to the Rules of the Owners Corporation, dilapidation survey, inspection of area prior to commencement and also at completion of works) accepted hours for works to be undertaken, working access and materials access, use of the Lift, bond payable and any other terms required by the Owners Corporation; and
(iv) the work is carried out in accordance with such reasonable directions as the Owners Corporation may give; and
(v) the work is carried out by the contractor approved in writing by the Owners Corporation; and
(vi) the Member signs an indemnity prepared by the Owners Corporation against all loss and damage caused directly or indirectly by the works; and
(vii) the work complies with all laws and are only undertaken after all requisite permits, approved and consents under all relevant laws have been obtained and copies given to the Owner Corporation and the Manager and then strictly in accordance with those permits, approvals and consents and only conditions thereof; and
(viii) the work does not detract or interfere with in any way the external appearance of the Building nor interfere with the business of any Occupiers or rights granted to the Occupiers;
(c) make any alteration or addition to any part of the Common Property or to attach anything to any part of it;
(d) make any alteration to a Member’s Lot which may cause or result in any damage or deterioration to the Building or any other lot or the Common Property or which may otherwise adversely affect the use and enjoyment of the Building or other Lots and the Common Property by other Members or Occupiers;
4.6 Security
(a) reproduce any keys or access devices issued by the Owners Corporation for the Common Property;
(b) do anything which may adversely affect the security protection of the Building or any lot or Common Property including allowing a person not being a Member’s or Occupier’s visitor or person authorised by the Owners Corporation to enter Common Property;
(c) keep or leave open or permit any security door or the door into any stairwell to be kept or left open for any purpose whatsoever.
4.7 Car Parking Spaces
(a) install covering to any car parking spaces without complying with all relevant laws and requirements of the Relevant Authority (including any ventilation requirements) and fire regulation and (ie being fire retardant and of a colour approved by the Owners Corporation).
(b) the Owners Corporation consents to the installation of covering to the Members car parking space subject to compliance with these Rules and specifically Rule 4.7(a).
4.8 Miscellaneous
(a) do anything whereby any policy of insurance taken out by the Owners Corporation may become void or voidable or which may make the Owners Corporation liable for increase in premium;
(b) hold or allow to be held in any Lot or on any part of the Common Property any sale or auction;
(c) permit any trades people or work people to be on a lot or the Common Property;
(i) on a Saturday, Sunday or public holiday; or
(ii) before 9.00am or after 5.00pm on any other day; except in the case of emergency.
(d) place or leave any item on the Common Property so as to obstruct the Common Property or an entrance to a Member’s Lot;
(e) store any materials or goods on the Common Property except with the prior written consent of the Owners Corporation and in accordance with the terms and conditions contained in that written consent;
(f) contravene any requirement or any authority having jurisdiction over the Building and/or the Member’s lot;
(g) bring in to or leave in the Building any bicycle or similar machine without the consent of the Owners Corporation which consent shall not be unreasonably withheld;
(h) smoke in any part of the Common Property without limitation in the Lift, passageways, foyers and stairs on the Common Property.
5. Positive Obligations
A Member must and must ensure that the Member’s families and visitors and Occupiers of a Member’s Lot will:
5.1 Accidents and Defects
(a) promptly notify the Owners Corporation in writing of any accident occurring in the Building or on the lots or Common Property or any defect in or damage to the Building, lots or Common Property of which they become aware;
(b) promptly notify the Owners Corporation in writing of any breakage or defect in water pipes, air-conditioning ducts or equipment, electrical and light fittings and services and fire equipment of which they become aware.
5.2 Cleanliness
(a) keep the Member’s Lot clean and in good repair and condition;
(b) take all reasonable steps to prevent infestation of the Member’s lot by vermin and insects;
(c) place their garbage or refuse receptacle for collection by the relevant local authority in each Member’s designated location.
5.3 Taps
(a) turn off all taps after use.
5.4 Directions by Owners Corporation
(a) obey all reasonable directions given by the Owners Corporation in relation to the Common Property including, without limitation, for:
(i) the carriage of goods or furniture in the Lift;
(ii) the use of services;
(iii) no smoking policies; and
(iv) the placing of for sale or to lease signs on that part of the Common Property as determined by the Owners Corporation from time to time.
5.5 Security
(a) secure the Member’s Lot when it is unoccupied and comply with the Owners Corporation’s reasonable directions about the Building’s security;
(b) at the Member’s cost replace any security key which is issued to the Member by the Owners Corporation;
(c) upon request account for all security keys issued to the Member by the Owners Corporation.
5.6 Windows
(a) replace all broken windows on balconies or terraces in a Member’s Lot.
5.7 Emergencies
(a) participate in any emergency drill in the Building of which the Owners Corporation gives reasonable notice;
(b) evacuate the Building immediately and in accordance with the directions of any representative of the Owners Corporation when informed of an actual or suspected emergency.
5.8 Co-Operation
(a) work with the Owners Corporation to promote and ensure the proper and orderly working and operation of the Building, common facilities, Common Property and the services contained therein.
6. Miscellaneous
6.1 Control of Common Property
(a) The Owners Corporation may close, lock or otherwise control the Common Property from
time to time and may take all actions as they deem necessary or appropriate to prevent and prohibit those that it considers in its absolute discretion undesirable from entering the Common Property.
(b) A Member must and must ensure that the Occupier of a Member’s lot will comply with any directions made or action taken by the Owners Corporation pursuant to the duty of the Owners Corporation to manage and administer the Common Property.
6.2 Address of Members
(a) Each Member must advise the Owners Corporation of the private address and telephone number of the Member or if the Member is a company, the registered office of the company.
(b) Each Member must promptly inform the Owners Corporation of any change in the address and/or telephone number and/or the registered office as the case may be.
6.3 Member’s Mail
(a) A Member must and must ensure that the Occupier of a Member’s lot regularly clears the mail box for that Member’s Lot.
(b) If the mail box is located on Common Property and is not regularly cleared a Member must allow and must cause the Occupier to allow the Owners Corporation to clear the mail box.
6.4 Lease of Lot
(a) A Member who does not occupy its Lot must:
(i) provide to the Owners Corporation the name of the tenant occupying or Occupier prior to the commencement of the tenancy;
(ii) incorporate these rules in any lease, licence or other occupancy agreement granted over a lot;
(iii) provide a copy of these rules to the tenant or Occupier occupying its Lot.
6.5 Air Conditioning System
(a) Each Member is responsible for the costs of maintaining the air conditioning system within that Member’s Lot.
6.6 Access for Cleaning and Maintenance
(a) A Member must and must ensure that the Occupier will provide access to any balcony or terrace forming part of a Members Lot when required to enable the cleaning of external windows and any maintenance required on the outside of the Building.
6.7 Clothes Line
(a) A Member must ensure that no clothes line is installed on a Member’s lot or in the Common Property.
6.8 Swimming Pool and Gymnasium
(a) This provision relates to any swimming pool and gymnasium and pool area on the Common Property.
(b) The use of any facilities on the Common Property is restricted to use by Members and Occupiers.
(c) Children under the age of 12 must be accompanied by and supervised at all times by an adult.
(d) Glass, crockery or any breakable utensils are not permitted in these recreation areas, unless approval is given for a specific function by the Owners Corporation.
(e) Noisy, boisterous or rough play in the pool or gymnasium areas is not permitted.
(f) The gymnasium, pool and pool area are available for use only between:
Monday- Sunday 5:00 am to 23:59 pm
6.9 Entertainment Room and Business Centre
(a) This provision relates to any entertainment room and business centre on the Common Property.
(b) The use of any facilities on the Common Property is restricted to use by Members and Occupiers.
(c) The entertainment room and business centre are available for use only between:
Monday- Sunday 8:00am to 10:00 pm
6.10 Wind
(a) A Member must, and must ensure that the Occupier ensures (including during periods of high winds and when departing their Lot) that, all doors and windows are tightly closed, including the screens to the terrace areas, to minimise the likelihood of risk and damage to surrounding people or property.
(b) During periods of high winds all loose items are also to be removed from balconies.
(c) The Member or Occupier of the Lot are advised and acknowledge that the terrace structures are not designed as waterproof and items left on the terrace may be subject to damage under certain circumstances.
(d) The Member or Occupier of the Lot are advised and acknowledge that the glazed screens may under certain circumstances of high winds vibrate or generate noise.