By-laws

By-laws provide for the:

• administration, management and control of the Scheme's common property and body corporate assets; and

• regulation of the use and enjoyment of the Scheme's lots, common property, body corporate assets and services and amenities supplied by the body corporate.

Owners and occupiers must comply with the Principal Scheme and Scheme's by-laws

Owners and occupiers of the Scheme should make themselves aware of their obligations and responsibilities pursuant to the Principal Scheme's and the Scheme's by-laws.

Failure to comply with the by-laws may result in the body corporate enforcing the by-laws against the offending owner or occupier. This can be through the Magistrate's Court or Office of the Commissioner for Body Corporate and Community Management and lead to the imposition of substantial fines.

The by-laws for the Scheme including but not limited to regulate the following issues at the Scheme:

• parking – which is not permitted on the common property;

• works and alterations to lots and the common property – which requires Body Corporate approval;

•  the appropriate conduct of owners and occupiers;

•  smoking restrictions;

• use of electrical vehicles and electrical vehicle charging equipment – which requires Body Corporate approval;

•  animals;

•  waste;

• use of keys;

•  use of the Scheme's utility infrastructure;

•  council and development restrictions;

• use of various recreational facilities; and

• exclusive use allocations.

The by-laws for the Scheme and the Principal Scheme can be amended and new by-laws introduced at a general meeting of the body corporate. Accordingly, it is imperative that all owners and occupiers keep up to date with any amendments to the by-laws. 

1.1   In these by-laws the following terms have the meanings ascribed to them unless the context otherwise requires:

Term Assigned meaning

Act the Body Corporate Community Management Act 1997 (Qld).

Alter the erection of a building, a structural change or a non-structural change of any kind, the carrying out of any works or the causing of any damage.

Approved Booking a booking request by an Owner or Occupier that is approved in writing by the Body Corporate. The Body Corporate may impose conditions of any approval under an Approved Booking, which may include, but are not limited to, timeframes of use, condition of Common Property upon the end of the booking and requiring measures to avoid Unreasonable Noise.

Building the building or buildings erected on Scheme Land and, where the context requires, refers to any building outside Scheme Land which is subject to the Building Management Statement.

Building Management Statement the building management statement registered under the Land Title Act 1994 (Qld) in respect of Scheme Land.

Body Corporate the body corporate established upon the registration of the Scheme.

Body Corporate Asset items of real or personal property acquired by the Body Corporate, other than property that is incorporated into and becomes part of the Common Property, and may consist of any property an individual is capable of acquiring.

Caretaking Service Contractor a service contractor for the Scheme who is also a letting agent for the Scheme.

Car Parking Area the exclusive use car parking area (if any) allocated to a Lot as identified in Schedule E of this community management statement.

Charging Equipment includes any device, infrastructure or equipment used for the purposes of charging, or re-charging, an Electric Vehicle including, but not limited to, a charging station or a mobile trickle charger which may be connected to a power outlet.

Common Property Scheme Land that is not included in a Lot.

Cosmetic Nature means Alterations of a minor nature.

For example, Alterations of a Cosmetic Nature:

• includes the hanging of artwork, painting a wall or changing of a light fixture; and

• do not include Alterations that:

  • create any risk of damage or interference with the Building or another Occupier; or

  • require a third party tradespersons to be engaged to carry out the Alteration;

  • require the use of power tools and equipment; or

  • include the replacement of flooring or stairs, or changes the configuration of a Lot (or Alterations of a similar nature).

Electric Vehicle includes any Vehicle or other means of transportation (such as an electric bicycle, electric scooter or electric skateboard) which employs, as a means of propulsion, electronic current, whether alone or in combination with an internal combustion engine which is charged from a source external to the Electric Vehicle.

Guide, Hearing or Assistance Dog a guide, hearing or assistance dog pursuant to the Guide, Hearing and Assistance Dogs Act 2009 (Qld).

Hard Flooring timber, tiles, vinyl, marble or any other equivalent material.

Heavy Vehicle a motor vehicle in excess of three tonnes weight loaded and includes, irrespective of their weight, mobile homes, caravans, campervans and motor homes.

Inside Area in relation to a Lot or exclusive use area, an area that is not an Outside Area.

Letting Agent a person conducting the business of acting as agent of an Owner for securing, negotiating or enforcing leases or occupancies for a Lot.

Lot a lot in the Scheme.

Occupier any person that occupies a Lot, including an Owner if the Owner occupies a Lot.

Outside Area includes any of the following areas: a balcony, a courtyard, a patio or a verandah.

Original Owner includes its successors and assigns and any nominated agent.

Owner an owner of a Lot.

Prescribed Area a floor area that is situated directly above a habitable area (which does not include common property recreation areas, kitchens or bathrooms).

Recreational Facilities and Areas any areas forming part of Common Property which are designed and constructed for use as a recreational facility.

Scheme the scheme identified in this community management statement.

Scheme Land  a Lot or Common Property within the Scheme.

Smoke to have control over an ignited smoking product or inhale through a personal vaporiser or hookah.

Unreasonable Noise noise that creates a nuisance, hazard or interferes unreasonably with the use or enjoyment of a Lot or the Common Property.

Utility Infrastructure lifts, lift shafts and carriages, risers, spire, garbage chute, cables, wires, pipes, sewers, drains, ducts, conduits, laser and optical fibres, electronic data or impulse communication, transmission or reception systems and other plant and equipment or means by which Lots or Common Property are supplied with Utility Services.

Utility Services all building services including but not limited to water reticulation or supply, gas reticulation or supply, electricity supply, air-conditioning condenser water, telephone services, computer data or television services, sewer system, drainage system, system for the removal or disposal of garbage or waste, ventilation or air extraction system, fire services, or another system or service designed to improve the amenity, or enhance the enjoyment of Lots or Common Property.

Vehicle any motor vehicle including, without limitation, a motor bike but excludes a Heavy Vehicle.

Visitor a person invited onto Scheme Land by an Owner, Occupier or Visitor.

1.2   In the interpretation of these by-laws unless the context otherwise requires:

(a) words and expressions defined in clause 1.1 or elsewhere have the meaning ascribed to them;

(b) terms not defined in clause 1.1 or elsewhere but which are defined in the Act have the meanings given to them in the Act;

(c) where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;

(d) clause headings are inserted for convenience only and are not to be used in the interpretation or construction of these by-Laws;

(e) words importing any gender include all other genders;

(f) words importing the singular include the plural and vice versa;

(g) a reference to a clause is a reference to a clause of these by-laws;

(h) a reference to a person is to be construed as a reference to an individual, body corporate, unincorporated association, partnership, joint venture or government body;

(i) a reference to anything (including, but not limited to, any right) includes a part of that thing but nothing in this clause implies that performance of part of an obligation constitutes performance of the obligation;

(j) a reference to a statute, regulation, proclamation, ordinance, standard, or by-law includes all statutes, regulations, proclamations, ordinances, standards or by-laws varying, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute;

(k) where these by-laws say that something can or must be done by the Body Corporate then that thing may be done by the Committee unless there is a legal restriction on the Committee doing so;

(l) all by-laws must be constructed so as to be valid, legal and enforceable in all respects. If any by-law is illegal, invalid or unenforceable it is to be read down to such extent as may be necessary to ensure that it is legal, valid, or enforceable as may be reasonable in the circumstances so as to give valid operation of a partial character. If any such by-law cannot be read down, it is deemed void and severed and the remaining by-laws are not in any way affected or impaired;

(m) these by-laws must be read in conjunction with the Owner’s and Occupier’s obligations under the Act.

2.1   Occupiers must take reasonable steps to ensure that their Visitors comply with these by-laws on the basis that the by-laws apply to Visitors to the extent that the by-laws apply to the Occupier.

3.1   Owners must provide the Body Corporate with the name and service address of any Occupier and Letting Agent for their Lot. 

4.1   Owners and Occupiers must:

(a) not use or permit the use of a Lot, Body Corporate Asset or the Common Property in a way that:

(i) causes a nuisance;

(ii) causes a hazard; or

(iii) interferes unreasonably with the use or enjoyment of another Lot or the Common Property;

(b) communicate with the Body Corporate, contractors of the Body Corporate, Owners or Occupiers in a way that is reasonable; and

(c) ensure that when the Lot is used, sufficient floor coverings are installed in the Lot to prevent the transmission of Unreasonable Noise from the Lot.

5.1   Owners and Occupiers must not Smoke on Scheme Land unless the smoking is in:

(a) an Inside Area forming part of their Lot or exclusive use area; and

(b) a way that does not cause a nuisance, hazard or unreasonable interference with another person's use and enjoyment of the Common Property or a Lot.

6.1   Owners and Occupiers must:

(a) not, without the written approval of the Body Corporate force an entrance to the Scheme Land or upon the Scheme Land to remain open; and

(b) ensure entrances to the Scheme Land and upon the Scheme Land are secured and locked after use.

7.1   An Owner, Occupier or Visitor must not, without the written approval of the Body Corporate:

(a) use a Vehicle, Heavy Vehicle or equivalent means of transportation in a way which creates a hazard; or

Note – if an Owner or Occupier's Vehicle, Heavy Vehicle or equivalent means of transportation becomes damaged, this may require the Owner or Occupier have it inspected by a suitably qualified contractor to confirm that it has not sustained any damage which may make it volatile or pose a danger to the building.

(b) park a Vehicle, Heavy Vehicle or equivalent means of transportation on the Common Property except if the parking is:

(i) by a Visitor in a designated visitor car park;

(ii) authorised in an exclusive use by-law; or

(iii) by an Occupier in a designated car wash bay whilst using the designated car wash bay.

7.2   An Owner or Occupier must provide to the Body Corporate the details of any Vehicles, Heavy Vehicles or equivalent means of transportation (except for bicycles, scooters, skateboard, rollerblades or similar personal non-motorised means of transportation) used by an Owner or Occupier on Scheme Land, including the registration number of the Vehicle, Heavy Vehicle or equivalent means of transportation.

7.3   A Visitor who parks in the designated visitor car park must either:

(a) complete and submit a digital form in the manner prescribed, if any, or provided in relation to the designated visitor car park; or

(b) display a notice on its Vehicle, Heavy Vehicle or equivalent means of transportation which includes:

(i) the Visitor's contact details, including a phone number, email and postal address;

(ii) the full name and lot number of the Owner or Occupier who the Visitor is visiting; and

(iii) the date and time the Visitor arrived at the Scheme.

Note – an Owner or Occupier's Vehicle can be towed from the Common Property if parked in contravention of these by-laws without the Body Corporate being first required to send a contravention notice or make a dispute resolution application.

Requirement for approval

8.1   An Owner or Occupier must not, without the written approval of the Body Corporate, Alter:

(a) the Common Property;

(b) a Body Corporate Asset; or

(c) their Lot unless the works are of a Cosmetic Nature that:

(i) does not affect another Lot or the Common Property; or

(ii) are not visible from another Lot, the Common Property or from outside the Scheme .

Conditions of approval

8.2   The Body Corporate may impose conditions of any approval under this by-law, which may include, but are not limited to:

(a) the improvement must be substantially in accordance with the plans and specifications provided to the Body Corporate detailing the way the Owner or Occupier is to Alter the Lot or Common Property;

(b) the way that the Owner or Occupier Alters the Lot or Common Property must be:

(i) carried out by suitably qualified persons in accordance with any building requirements;

(ii) carried out as soon as reasonably practicable;

(iii) carried out in a way that does not cause a nuisance or unreasonable interference with Occupiers of other lots; and

(iv) suitably insured;

(c) the owner of the Lot must maintain any works in a good and structurally sound condition; and

(d) if the Alteration relates to Hard Flooring in a Prescribed Area:

(i) prior to the installation of the Hard Flooring, the Owner or Occupier must either:

(A) obtain advice from a recognised acoustic consulting company to (Initial Advice):

i. obtain advice as to:

A. suitable floor treatments to ensure that any Hard Flooring does not cause an unreasonable interference or nuisance to another Occupier (Installation Requirements); and

B. the level of floor impact isolation rating required to ensure the Hard Flooring does not cause an unreasonable interference or nuisance to another Occupier (Minimum Standard); and

ii. determine the current level of floor impact isolation rating for the floor (Current Standard); and

(B) request a copy of the advice obtained by the Body Corporate as to the Installation Requirements and the Minimum Standard for the Scheme (Body Corporate Advice); and

(ii) the Owner or Occupier must:

(A) provide to the Body Corporate a copy of the Initial Advice; or

(B) confirm in writing to the Body Corporate the Owner or Occupier elects to rely upon the Body Corporate Advice; and

(iii) any Hard Flooring must be installed with materials so as not to cause an unreasonable interference or nuisance to another Occupier and include the Installation Requirements;

(iv) any Hard Flooring must meet the following requirements after the Hard Flooring is installed (Required Standard):

(A) for areas where Hard Flooring already exists with respect to which the Owner or Occupier obtained the Initial Advice – a floor impact isolation rating of at least the greater of:

i. the Minimum Standard; or

ii. the Current Standard; or

(B) for areas where Hard Flooring already exists with respect to which the Owner or Occupier elected to rely upon the Body Corporate Advice – a floor impact isolation rating of at least the Minimum Standard; and

(C) for areas where Hard Flooring does not presently exist – a floor impact isolation rating of at least the Minimum Standard; and

(v) upon completion of the Hard Flooring installation:

(A) the Hard Flooring shall be further tested to ensure that Required Standard has been met (Final Test); and

(B) the Owner or Occupier must provide the Body Corporate the results of the Final Test.

Requirement for approval

9.1   An Owner or Occupier must not, without the written approval of the Body Corporate, install or use Charging Equipment for an Electric Vehicle within the Scheme.

Conditions of approval

9.2   The Body Corporate may impose conditions of any approval under this by-law relating to the installation of Charging Equipment or charging of an Electric Vehicle, which may include, but are not limited to:

(a) the Owner or Occupier must use the Charging Equipment in the way directed by the Body Corporate;

(b) the Owner or Occupier must arrange, in a manner approved by the Body Corporate, for the installation of a separate meter for the purposes of measuring the electricity consumed by the Charging Equipment;

(c) the Owner or Occupier must not connect the Charging Equipment to the common property electricity supply;

(d) the Owner or Occupier must, at the request of the Body Corporate, enter into an agreement to regulate the supply and costs associated with the Charging Equipment;

(e) the Owner or Occupier must obtain and provide to the Body Corporate, if requested by the committee:

(i) a report from a suitably qualified fire engineer which confirms:

A. the fire prevention mechanisms which should be implemented with respect to the Charging Equipment (Mechanisms); and

B. that the Charging Equipment:

I incorporates the Mechanisms; and

II does not pose an unacceptable fire risk to the Building;

(ii) confirmation from the Body Corporate's insurance provider that the Charging Equipment does not affect the Body Corporate's insurance policies;

(iii) a report from a suitably qualified energy consultant which confirms that the infrastructure at the Scheme has the capacity to service the Charging Equipment;

(iv) a certificate of compliance from a suitably qualified electrician; and

(v) advice from a suitably qualified contractor which confirms that the Charging Equipment meets an appropriate ingress protection rating with respect to the intrusion of dust or liquid;

(f) the Owner or Occupier must ensure that a circuit breaker is installed to regulate the Charging Equipment;

(g) the Owner or Occupier must ensure that the charging end point is wired directly to the charging station as near as practicable to the Electric Vehicle;

(h) the Owner or Occupier must comply with the installation requirements as determined by the Body Corporate in consultation with a suitably qualified contractor;

(i) the Owner or Occupier must alter the Charging Equipment at the request of the Body Corporate, if such alteration is required to more equitably provide for the provision of Charging Equipment to other Owners and Occupiers;

(j) the Owner or Occupier must carry suitable insurance with respect to any damage that may be caused by the Charging Equipment or Electric Vehicle and provide copies of any policies to the Body Corporate upon request;

(k) the Owner or Occupier must comply with any requests from the Body Corporate or the Body Corporate's insurance provider in relation to the use of the Charging Equipment or Electric Vehicle;

(l) the Charging Equipment and Electric Vehicle must be kept in good condition; and

(m) if the Electric Vehicle becomes damaged, the Owner or Occupier must have the Electric Vehicle inspected by a suitably qualified contractor to confirm that the Electric Vehicle has not sustained any damage which may make the Electric Vehicle volatile or pose a danger to the building.

10.1   The Owner or Occupier of a Lot must not, without the Body Corporate’s written approval, do anything which changes the external appearance of the Lot which is visible from another Lot, the Common Property or from outside the Scheme, except for the placement upon the balcony of a Lot of appropriate outdoor furniture, plants, living items and decorative items (Items) provided the Items:

(a) are securely placed upon the balcony of the Lot;

(b) not affixed to the balcony of the Lot; and

(c) are maintained in good condition.

Note – this by-law does not permit an Owner or Occupier to place any object upon or over the balustrade upon the balcony of a Lot

11.1   An Owner or Occupier must not, without the written approval of the Body Corporate, use their Lot:

(a) for anything other than the purpose that the Lot was designed for; or

(b) if the Owner or Occupier of the Lot is not the Caretaking Service Contractor, in a way which competes with the Caretaking Service Contractor.

12.1   An Owner or Occupier must not, without the written approval of the Body Corporate:

(a) obstruct the Common Property or a Body Corporate Asset;

(b) place items on, or use for storage, the Common Property or a Body Corporate Asset; or

(c) exclusively use the Common Property without an authorising exclusive use by-law.

13.1   An Owner must not, without the written approval of the Body Corporate, carry out an auction on their Lot or the Common Property.

15.1   An Owner or Occupier must not, without the written approval of the Body Corporate, provide instructions to contractors of the Body Corporate.

Requirement for approval

16.1   An Owner or Occupier must not bring or keep an animal in their Lot or the Common Property:

(a) without the written approval of the Body Corporate; or

(b) unless:

(i) the Owner or Occupier is a person with a disability under the Guide, Hearing and Assistance Dogs Act 2009 (Qld);

(ii) the Owner or Occupier relies on a Guide, Hearing or Assistance Dog; and

(iii) the animal is a Guide, Hearing or Assistance Dog.

Conditions of approval

16.2   The Body Corporate may impose conditions of any approval under this by-law, which may include, but are not limited to the conditions set out in this by-law.

16.3   If an Owner or Occupier brings or keeps an animal in their Lot or the Common Property, unless approved to the contrary by the Body Corporate:

(a) the animal must be kept within the Lot and not allowed to roam the Common Property;

(b) the Owner or Occupier must ensure that when passing through Common Property, the animal is suitably restrained or carried;

(c) the Owner or Occupier must immediately pick up and dispose of any waste left by the animal on the Common Property;

(d) the animal must be registered with the council, if the animal is a type that allows council registration; and

(e) the animal must carry an identification tag with the Owner or Occupier's details.

17.1   An Owner or Occupier must not, without the written approval of the Body Corporate:

(a) leave waste on the Common Property other than in a designated waste bin designed for keeping the type of waste being disposed of;

(b) overfill a designated waste bin; or

(c) dispose of waste in a way which is not placed in a securely fastened and sufficiently durable bag, so as to reach the waste bin without breaking open;

(d) deposit into any garbage chute:

(i) waste which does not fit comfortably into the garbage chute;

(ii) recyclable materials, including glass, plastic, aluminium or cardboard;

(iii) blankets, bedding, linens, pillows, clothing or other fabric materials;

(iv) animal waste or cat litter or similar animal products; or

(v) packaging materials.

18.1   An Owner or Occupier must:

(a) not, without the written approval of the:

(i) Body Corporate, use or interfere with a letterbox designated for the Body Corporate; or

(ii) other relevant Lot Occupier, use or interfere with a letterbox designated for another Lot.

(b) regularly clear the letterbox designated for their Lot

19.1   An Owner or Occupier must:

(a) not, without the written approval of the Body Corporate:

(i) interfere or tamper with or copy an access key for the Common Property or a Lot; or

(ii) use an access key for which they are not authorised to use; and

(b) notify the Body Corporate if they lose possession of an access key for which they are authorised to use.

20.1   An Owner or Occupier must not, without the written approval of the Body Corporate, access an area that has been restricted by the Body Corporate.

Note – this includes any parts of the Common Property used for:

(a) electrical substations, switch rooms or control panels;

(b) fire service control panels;

(c) telephone exchanges; or

(d) other services to the Lots or Common Property.

21.1   An Owner or Occupier shall not, without the prior approval of the Body Corporate, use or interfere with any Utility Infrastructure.

Note – this includes the use of electrical outlets located on the Common Property.

22.1   Owners and Occupiers must comply with any architectural and landscaping code included in Schedule D of this CMS.

23.1   Owners and Occupiers must comply with the by-laws for the principal body corporate to the extent they apply to the Scheme.

24.1   An Owner or Occupier must not, without the written approval of the Body Corporate, do anything which places the Body Corporate in breach of the Building Management Statement that the Body Corporate is a party to.

25.1   An Owner or Occupier must not, without the written approval of the Body Corporate, do anything which places the Body Corporate in breach of the development approval conditions for the Scheme. In particular, all balconies and terraces shown on the approved drawings and documents are to remain unenclosed with no shutters, glazing, louvres or similar permanent fixtures other than those consistent with the relevant Brisbane City Plan 2000 – Residential Code and clearly depicted on the approved drawings.

26.1   An Owner or Occupier may only use the:

(a) AEDs on the Common Property on the condition that the use is:

(i) for the intended purpose of the AED;

(ii) in circumstances where it is appropriate for such use; and

(iii) in accordance with the instructions for use; and

(b) first aid supplies on the Common Property on the conditions that the:

(i) use is for the intended purpose of each item within the first aid supplies;

(ii) use does not take more consumables than reasonably required; and

(iii) Owner or Occupier must notify the Body Corporate if:

(A) the Owner or Occupier uses a consumable within the first aid supplies; or

(B) a consumable within the first aid supplies becomes expired.

Booking

27.1   An Owner or Occupier must not, without an Approved Booking, use a barbecue area to the exclusion of other Owners and Occupiers.

Without a booking

27.2   An Owner or Occupier may use a barbecue area on the conditions that the use:

(a) is not, without the written approval of the Body Corporate, between the hours of 9:00 pm and 7:00 am;

(b) does not conflict with an Approved Booking;

(c) does not exclude other Owners and Occupiers unless the use is consistent with an Approved Booking;

(d) does not cause damage to the surface, fixtures or fittings of the barbecue area;

(e) does not Alter the maintenance or condition of the barbecue area;

(f) does not cause a nuisance or an unreasonable interference;

(g) does not leave the barbecue area unclean and untidy after use. In particular, the Owner or Occupier must, after using a barbecue area:

(i) clean the:

(A) surface of the barbecue; and

(B) benches and tables in the barbecue area; and

(ii) dispose of any waste in the barbecue area;

(h) does not bring glass into the barbecue area; and

(i) ensures that Owners, Occupiers and Visitors are appropriately supervised having regard to the age and capability of the Owner, Occupier and Visitor.

28.1   An Owner or Occupier may use the pools on the conditions that the use:

(a) is not, without the written approval of the Body Corporate, between the hours of 9:00 pm and 6:00 am;

(b) does not cause damage to the pools or the pool areas;

(c) does not Alter the maintenance or condition of the pools or the pool areas;

(d) does not cause a nuisance or an unreasonable interference;

(e) does not leave the pool areas unclean and untidy after use;

(f) does not bring animals into the pools or the pool areas;

(g) does not bring glass into the pools or the pool areas; and

(h) ensures that Owners, Occupiers and Visitors are appropriately supervised having regard to the age and capability of the Owner, Occupier and Visitor.

29.1   An Owner or Occupier may use the gymnasium on the conditions that the use:

(a) is not, without the written approval of the Body Corporate, between the hours of 9:00 pm and 5:00 am;

(b) is for the intended purpose of each item of equipment;

(c) incorporates suitable attire and footwear;

(d) incorporates the use of a towel to be placed on any item of equipment;

(e) places all items of equipment in the designated storage area for that item of equipment after use;

(f) does not cause damage to the gymnasium or the equipment;

(g) does not Alter the maintenance or condition of the gymnasium or the equipment;

(h) does not leave the gymnasium unclean and untidy after use; and

(i) ensures that Owners, Occupiers and Visitors are appropriately supervised having regard to the age and capability of the Owner, Occupier and Visitor.

Booking

30.1   An Owner or Occupier must not, without an Approved Booking, use a meeting or function room to the exclusion of other Owners and Occupiers.

Without a booking

30.2   An Owner or Occupier may use a meeting or function room on the conditions that the use:

(a) is not, without the written approval of the Body Corporate, between the hours of 9:00 pm and 7:00 am;

(b) does not conflict with an Approved Booking;

(c) does not exclude other Owners and Occupiers unless the use is consistent with an Approved Booking;

(d) does not cause damage to the surface, fixtures or fittings of the meeting or function room;

(e) does not Alter the maintenance or condition of the meeting or function room;

(f) does not cause a nuisance or an unreasonable interference; and

(g) does not leave the meeting or function room unclean and untidy after use. In particular, the Owner or Occupier must, after using a meeting or function room:

(i) vacuum the floor of the meeting or function room;

(ii) if the floor of the meeting or function room is tiled, mop the floor of the meeting or function room;

(ii) clean any:

(A) kitchenette and appliances in the meeting or function room;

(B) bathroom area in the meeting or function room;

(C) benches and tables in the meeting or function room;

(D) sofas or other seating in the meeting or function room and

(E) glass surfaces in the meeting or function room;

(iv) dispose of any waste in the meeting or function room; and

(v) turn off the lights, air-conditioning and television in the meeting or function room.

31.1   An Owner or Occupier may use the car wash bay on the conditions that the:

(a) car wash bay is not already in use by another Owner or Occupier;

(b) use is not for an unreasonable frequency or duration that would unreasonably exclude other Owners and Occupiers from using the car wash bay;

(c) use is for the intended purpose of the car wash bay;

(d) use does not cause damage to the surface, fixtures or fittings of the car wash bay;

(e) use does not Alter the maintenance or condition of the car wash bay; and

(f) use does not leave the car wash bay unclean and untidy after use.

Requirement for approval

32.1   An Owner or Occupier must not, without the written approval of the Body Corporate, use the parcel lockers.

Conditions of approval

32.2   The Body Corporate may impose conditions of any approval under this by-law, which may include, but are not limited to:

(a) the Owner or Occupier must promptly collect their parcels once deposited in the parcel lockers;

(b) the Owner or Occupier must not damage or interfere with parcels which do not belong to the Owner or Occupier;

(c) the use must be for the intended purpose of the parcel lockers;

(d) the Owner or Occupier must ensure that the parcel lockers are kept secure;

(e) the use must not cause damage to the parcel lockers; and

(f) the use must not Alter the maintenance or condition of the parcel lockers.

33.1   An Owner or Occupier may use the bicycle racks on the conditions that the use:

(a) does not prevent other bicycles from being removed from the bicycle racks;

(b) does not exceed the capacity of the bicycle racks for bicycle storage;

(c) is not for an unreasonable frequency or duration that would unreasonably exclude other Owners and Occupiers from using the bicycle racks;

(d) is for the intended purpose of a bicycle rack;

(e) does not cause damage to:

(i) the bicycle racks; or

(ii) other bicycles in the bicycle racks; and

(f) use does not Alter the maintenance or condition of the bicycle racks.

34.1   An Owner or Occupier may use the showers on the Common Property on the conditions that the use:

(a) is for the intended purpose of a shower;

(b) is not for an unreasonable frequency or duration;

(c) does not leave the shower or the shower area unclean and untidy after use;

(d) does not cause damage to the shower or the shower area; and

(e) does not Alter the maintenance or condition of the shower or the shower area.

35.1   An Owner or Occupier may use the toilets on the Common Property on the conditions that the use:

(a) is for the intended purpose of a toilet;

(b) is not for an unreasonable frequency or duration;

(c) does not leave the toilet area unclean and untidy after use;

(d) does not cause damage to the toilet or the toilet area;

(e) does not Alter the maintenance or condition of the toilet or the toilet area; and

(f) does not take more consumables than reasonably required for the intended purpose of a toilet.

36.1   The Owner of each Lot identified in Schedule E of this community management statement has an exclusive right of use of the storage area allocated to that Lot in Schedule E of this community management statement or as allocated by the Original Owner by notification to the Body Corporate within 12 months of the date of recording the relevant community management statement for the purposes of section 174 of the Act.

36.2   The Owner or Occupier of a Lot entitled to an exclusive use storage area must keep the storage area in a clean and tidy condition and must not litter the same or use it so as to create a nuisance and shall be responsible for the cost of the repair and maintenance of the storage area.

36.3   The Body Corporate and each of its employees, agents and contractors on giving reasonable notice except in the case of an emergency when no notice is required may enter upon the exclusive use storage area for the purpose of inspecting the same or for carrying out works or effecting repairs and maintenance to the Utility Infrastructure, the Common Property, the Lot or an adjoining Lot or as required by the Building Management Statement.

36.4   An exclusive use storage area under this by-law 36 is to be used for storage purposes only and the committee may make rules or prepare manuals with respect to use of the storage area.

36.5   The Occupier of a lot entitled to an exclusive use storage area under this by-law 36 must comply with the rules and manuals imposed by the committee from time to time and must obtain the prior written approval of the Body Corporate before installing or constructing any fencing, caging or similar structure in the storage area. Any improvements to the storage area in the form of fencing, caging or other structure shall be undertaken at the cost of the Owner or Occupier of the Lot.

36.6   The Body Corporate recommends to Occupiers that due to the depth of the basement below ground, the basement may be susceptible to dampness or water penetration and any items stored in an exclusive use storage area should be raised off the floor to minimise the risk of water damage.

37.1   The Owner of each Lot identified in Schedule E of this community management statement has an exclusive right of use of the Car Parking Area allocated to that Lot in Schedule E of this community management statement or as allocated by the Original Owner by notification to the Body Corporate within 12 months of the date of recording the first community management statement (or the relevant community management statement pursuant to section 174 of the Act as applicable).

37.2   The Owner or Occupier of a Lot entitled to an exclusive use Car Parking Area must keep the Car Parking Area in a clean and tidy condition and must not litter the same or use it so as to create a nuisance and shall be responsible for the cost of the repair and maintenance of the Car Parking Area.

37.3   The Body Corporate and each of their employees, agents and contractors on giving reasonable notice except in the case of emergency when no notice is required may enter upon the exclusive use Car Parking Area or as required by the Building Management Statement for the purpose of inspecting the same or for carrying out works or effecting repairs and maintenance to the Utility Infrastructure, the Common Property, the Lot or an adjoining Lot.

37.4   An exclusive use Car Parking Area under this by-law 37 is to be used for car parking purposes only and the committee may make rules or prepare manuals with respect to use of the Car Parking Area.

37.5   The Occupier of a Lot entitled to an exclusive use Car Parking Area under this by-law 37 must comply with the rules and manuals imposed by the committee from time to time and must obtain the prior written approval of the Body Corporate before installing or constructing any improvement in the Car Parking Area.

37.6   Any improvements (and any repairs and maintenance to any improvements) to the Car Parking Area shall be undertaken at the cost of the owner or Occupier of the Lot.

37.7   To avoid doubt, an Owner or Occupier is permitted to park a bicycle, Vehicle, motor bike, boar and/or trailer within the exclusive use Car Parking Area provided:

(a) the Vehicle is able to be parked wholly within the exclusive use Car Parking Area; and

(b) the Vehicle being parked is at all times kept in a roadworthy condition.

37.8   Unless approved in writing by the Body Corporate, Heavy Vehicles must not be parked in an exclusive use Car Parking Area.

38.1   Subject to the Act and by-law 38.2, Occupiers on each level of each Building in which their Lot is situate will have the special privilege of that part of the Common Property consisting of the foyers on their respective levels so that a security system can ensure that only authorised persons may access each level of the Building and for the purposes of this by-law an authorised person is an Occupier of a Lot on that level of a Building and their Visitors and the Caretaking Service Contractor. To avoid doubt, the Body Corporate continues to be responsible and must carry out its duties under the act with respect to any part of Common Property which is subject to this special privilege by-law.

38.2   Nothing in by-law 38.1 prevents an Occupier from having access to any Recreational Facilities and Areas that the Occupier is permitted to enter in accordance with this community management statement or as otherwise authorised by the Body Corporate.