BY·LAWS OF THE BODY CORPORATE FOR KAMERUNGA VILLAS COMMUNITY TITLES SCHEME 18650
Definitions
In these By-laws:
1.1 Act" means the Body Corporate and Community Management Act 1997 as amended and any regulations and modules made pursuant to the Act;
1.2 "Committee" means the committee of the Body Corporate for Kamerunga Villas Community Titles Scheme 18650 duly elected pursuant to the provisions of the Act;
1.3 "Occupier" and "occupier of a lot" means a resident owner or resident lessee of the lot, or someone else who lives on the lot;
1.4 "owner" means the person who is, or is entitled to be, the registered owner of the lot, and includes
a. Mortgagee in possession of the lot; and
b. if, under the Land Title Act 1994 two or more persons are the registered owners, or are entitled to be the registered owners, of the lot - each of the persons,
Noise and Use
2,1 The occupier of a lot must not create noise likely to interfere with the peaceful enjoyment of a person lawfully on
and they shall not be operated between the hours of 10.00 pm and 7.00 am in such a manner as to be audible
at all to any other resident. A member shall not permit any piano or other musical instrument to be practiced or played upon or any avoidable noise to be made in the lots between the hours of 10.00 pm and 7.00 am. Quiet playing of musical instruments is permissible to a reasonable extent at any time during the hours of 7.00 am and
10.00 pm. Practising during the same hours is permissible but not for longer than one hour at a time, or for a total of more than three hours in any day.
Common Property
2.3 An occupier of a lot must not use the lot or the common property for any purpose which may be illegal or injurious to the reputation of other occupiers or to the Body Corporate and its general management of the complex.
Vehicles
3.1 The occupier of a lot must not, without the committee's written approval
3.1.1 Park a vehicle, or allow a vehicle to stand, on the common property or on any path, drive or easement; or
3.1.2 Permit an invitee to park a vehicle, or allow a vehicle to stand, on the common property.
3.2 An approval under By-law 3.1.1 must state the period for which it is given.
3.3 However, the committee may cancel the approval by giving 7 days written notice to the occupier.
3.4 The committee may authorise any offending vehicle to be removed.
3.5 Speed limits in force throughout the complex shall be obeyed at all times.
3.6 No skateboards, roller blades or similar equipment shall be used on the common property.
Obstruction
4.1 The occupier of a lot must not obstruct the lawful use of the common property by someone else.
4.2 The paths and drives on the land and any easement giving access to the land or complex shall not be obstructed by any occupier, licensee or invitee, or used by them or any other purpose than the reasonable ingress and egress to and from their respective lots.
Damage to lawns etc.
5.1 The occupier of a lot must not, without the committee's written approval -
5.1.1 damage a lawn, garden, tree, shrub, plant or flower on the common property; or
5.1.2 use a part of the common property as a garden.
5.2 An approval under By-law 5.1.2 must state the period for which it is given.
5.3 However, the committee may cancel the approval by giving 7 days written notice to the occupier.
Damage to common property
6.1 An occupier of a lot must not, without the committee's written approval, mark, paint, drive nails, screws or other objects into, or otherwise damage or deface a structure that forms part of the common property.
6.2 However, an occupier may install a locking or safety device to protect the lot against intruders, or a screen to prevent entry of animals or insects, if the device or screen is soundly built and is consistent with the colour, style and materials of the building.
6.3 The occupier of a lot must keep any device installed under By-law 6.2 in good order and repair.
Behaviour of invitees
7. An occupier of a lot must take reasonable steps to ensure that the occupier's invitees do not behave in a way
likely to interfere with the peaceful enjoyment of another lot or the common property. Leaving of rubbish etc. on the common property
Leavjng rubbish etc on the common property
8.1 The occupier of a lot must not leave rubbish or other material on the common property in a way or place likely to interfere with the enjoyment of the common property by someone else.
8.2 The occupier of a lot shall be responsible for cleaning of all paving leading to the lot notwithstanding that the paving may be on common property.
Storage of flammable materials
9.1 The occupier of a lot must not, without the committee's written approval, store a flammable substance on the common property.
9.2 The occupier of a lot must not, without the committee's written approval, store a flammable substance on the lot unless the substance is used or intended for use for domestic purposes.
9.3 However, this section does not apply to the storage of fuel in -
9.3.1 the fuel tank of a vehicle, boat, or internal combustion engine; or
9.3.2 a tank kept on a vehicle or boat in which the fuel is stored under the requirements of the law regulating the storage of flammable liquid. .
9.4 The occupier of a lot must not bring to, do or keep anything on the lot which increases fire insurance premium rates on the complex or on that or any other lot, or which may conflict with laws and regulations relating to fires or any insurance cover on the complex or any lot in the complex, or which breaches the regulations or ordinances of any local or public authority.
Garbage disposal
10.1 Unless the body corporate provides some other way of garbage disposal, the occupier of a lot must keep a receptacle for garbage in a clean and dry condition and adequately covered on the lot, or on a part of the common property desiqnated by the body corporate for the purpose.
10.2 The occupier of a lot must -
10.2.1 comply with all local government local laws about disposal of garbage; and
10.2.2 ensure that the occupier does not, in disposing of garbage, adversely affect the health, hygiene or comfort of the occupiers of other lots;
10.2.3 on the appointed days place the receptacle as close as possible to the kerb fronting the lot to allow easy collection of the contents, and as soon as practical after collection will retrieve the receptacle from the kerb and place it on the lot so as not to be visible from the street.
10.3 The occupier of a lot shall ensure that the lot is kept clean and that all practical steps are taken to prevent or minimise infestation by vermin or insects.
Keeping of animals
11.1 The occupier of a lot must not, without the committee's written approval-
11.1.1 bring or keep an animal on the lot or the common property; or
11.1.2 permit an invitee to bring or keep an animal on the lot or the common property.
11.2 The occupier must obtain the committee's written approval before bringing, or permitting an invitee to bring, an animal onto the lot or the common property.
11.3 A person given approval to keep an animal shall comply with any rules or conditions set by the committee. For information purposes, only the current conditions of the committee relating to the keeping of animals are attached to these By-laws. These conditions do not form part of the By-Laws and may be altered or varied by the committee at any time.
SEE ATTACHMENT (A)-COMMITTEE CONDITIONS RELATING TO THE KEEPING OF PETS
Recreational facilities and rules
12.1 All occupiers, their invitees and licensees shall clean all recreational facilities including BBQ areas after their use of those facilities and shall leave same in a neat and tidy condition failing which the committee may arrange for cleaning of the facilities at the cost of the offending occupier which amount shall be a debt recoverable at law as a liquidated debt.
12.2 The committee is authorised to make rules relating to the common property and in particular to the use of any swimming pool, the lake, community facilities and BBQ areas, such rules to be not inconsistent with these By- laws. Any rules made pursuant to this By-law are to be binding on and observed by all occupiers and their invitees, tenants, guests, children, licensees, agents and employees.
12.3 No occupier of a lot shall use any mechanically powered craft on the lake. The committee may make rules in respect of all other water-craft and their use on the lake.
12.4 Fishing is restricted to occupiers only and they are permitted to fish only in the lake known as "the main lake".
Fishing is forbidden in all other areas. An occupier shall only fish in the designated area with one only hand held single hook line or rod at anyone time. Nets, multiple hook lines and other lure devices are forbidden. An occupier is limited to a catch of two (2) fish per day and undersized fish are to be immediately returned alive into the main lake.
Infrastructure, utilities and services
13.1 The water closets, conveniences and other water apparatus including waste pipes and drains shall not be used for any purpose other than those for which they were installed and no sweepings or rubbish or inappropriate substance shall be deposited therein.
13.2 The cost of repairing or remedying any damage or blockage caused by a breach of By-law 13.1 or from any other misuse or negligence shall be borne by the occupier.
13.3 An occupier of a lot shall not waste water and shall ensure that all water taps on the lot are promptly and effectively turned off when not in use.
13.4 An occupier of a lot shall promptly notify the committee of any accident to or defect in the water pipes, gas pipes, electrical installations or fixtures of which the occupier shall be aware. The committee, or its agents or servants, is authorised, having regard to the urgency of the situation, to examine and make such repairs or renovations as it deems necessary for the safety and preservation of the complex.
13.5 An occupier of a lot, on receiving reasonable notice from the committee, is to allow the committee or any of its contractors, sub-contractors, workmen or other persons authorised by it right of access to the lot for the purpose of testing and carrying out works or effecting repairs to mains, pipes, wires, water connections, sewerage connections, drainage, gas, electricity, telephone and other systems or services on the lot or any adjoining lot. If the leak or defect is due to the misuse or negligence of the occupier then the occupier shall be liable for the cost of the tests, repairs and remedying of the defect or leak.
13.6 An occupier of a lot shall be entitled to install air conditioning at no cost to the body corporate and shall ensure that the level of noise emanating from the air conditioning unit is kept at a minimum so as not to be of annoyance to any other occupier of a lot in the complex.
Security keys
14.1 Each occupier of a lot shall be entitled to two security keys for the purpose of opening the security gates at the complex.
14.2 If an occupier loses or misplaces a security key that occupier shall Immediately notify the caretaker giving such details of loss and/or misplacement. The occupier shall pay for such replacement keys to be issued by the caretaker or a duly authorised person.
14.3 An occupier of a lot shall not lend, give or in any other way part with possession of the security keys without first obtaining the consent of the caretaker. The caretaker may request and the occupier must supply all relevant information in respect of the proposed recipient of the security keys and shall supply the names and addresses of all the third parties intended to have control or use of the security keys.
Caretaker and employees
15.1 The committee may pre-select applicants for the position of Caretaker or any other Service Contractor (before submitting the recommended applications) to a general meeting of the body corporate for approval of engagement by ordinary resolution pursuant to the Act.
15.2 To the extent permitted by the Act the committee may employ for and on behalf of the body corporate such employees agents and servants as it thinks fit and necessary to exercise and perform duties and functions authorised by these By-laws.
Architectural and landscape requirements
16.1 The owner and/or occupier of a lot must not, without the committee's written approval, make a change to the external appearance of the lot unless the change is minor and does not detract from the amenity of the lot and its surrounds. The committee shall, in considering any such request for approval, take into account the effect that the proposal may have on the uniformity of the complex as a whole.
16.2 The owner and/or occupier of a lot must not, without the committee's written approval-
16.2.1 hang washlng, bedding, or another cloth article if the article is visible from another lot or the common property, or from outside the scheme land: or
16.2.2 display a sign, advertisement, placard, banner, pamphlet or similar article if the article is visible from another lot or the common property, or from outside the scheme land.
16.3 Notwithstanding By-law, 16.2.2 above, whilst Kamerunga Villas Pty Ltd remains the owner of any lot in the complex it, or its servants, employees or agents, may, without the need to obtain the consent of the committee, display any sign, advertisement, notice, banner or poster to or on any part of that lot for the purposes of offering for sale any lot in the complex, and may use any of its lots as a display lot for inspection purposes of prospective purchasers.
16.4 Each owner and/or occupier of a lot shall be responsible for the interior and exterior maintenance and decoration of that lot including mowing and maintaining the lawns and gardens. For information purposes, only the current conditions of the committee relating to the maintenance of gardens and lawns are attached to these By-laws. These conditions do not form part of the By-Laws and may be altered or varied by the committee at any time.
16.5 Any repainting of the exterior of the building erected on the lot shall be in the same colour as the existing paintwork or such other shade as blends in with the general aspect of the other buildings in the complex.
16.6 An owner of a lot shall, with the written consent of the committee, be entitled to install awnings provided that the colour of such awnings compliments the exterior paintwork of the building erected on the lot and is as unobtrusive as possible.
16.7 An owner of a lot shall, with the written approval of the committee, be entitled to install a garden shed of a size not to exceed 6 square metres. The shed shall be constructed of colourbond or similar materials, shall blend with the general aspect of buildings in the complex and shall be located on the lot in such a position as not to be visible from the common area roadways.
17 BODY CORPORATE CONDITIONS FOR THE KEEPING OF PETS AT KAMERUNGA VILLAS
b. The Committee may in its absolute discretion allow Occupiers to keep certain pets in preference to others.
iii. All cats and dogs must registered with the Cairns City Council
d. Pets must not be allowed to wander on common property unattended and must be restrained and under the control of their owners at all times
e. No pets are permitted to enter the enclosed pool or BBQ area.
f. Whether inside or outside the confinements of a lot pets must not be allowed to create a nuisance to other occupiers in the complex.
g. It is the responsibility of the pet owning Occupier to clean up immediately any Common Area fouled by the pet.
k. Immediately an Occupier is notified of a complaint in relation to that Occupier's pet, the Occupier shall take action to ensure that the complaint does not occur again.
l. If three successive complaints are received in relation to a pet, the Occupier may be asked by the Committee to show cause why the consent should not be withdrawn.
m. If the Committee withdraws its consent to an Occupier keeping a pet, the Occupier shall ensure that the pet is removed from the complex within seven (7) days of the consent being withdrawn.
n. The Committee may request. as a condition of giving its consent, that a pet be spayed or de-sexed.o. An Occupier shall indemnify and keep indemnified the Body Corporate in relation to any action or suit arising from the keeping of a pet by that Occupier.
19 BODY CORPORATE CONDITIONS FOR THE FOR REPORTING INCIDENTS
1. The Body Corporate Committee of Kamerunga wish to make known the following procedures relating to the reporting of incidents such as noise, by-law violations in respect to the keeping of pets and damage to common property, Main Gates, swimming pool and street lights malfunctions.
2. It must be understood the Body Corporate Committee are not empowered to enter property and police breaches of the Villa By-laws such as noisy parties, excessive noise, domestic violence and break and enter situations.
3. In the case of noisy parties and excessive noise especially after 10 PM the resident may negotiate with the neighbour and if that fails ring the Police. The Caretaker should be informed of the incident during normal working hours and passing the details to the Body Corporate Committee for further action IAW the Body Corporate Act 2008 if deemed necessary. The Caretaker due to Health and Safety regulations is not empowered to enter the property demanding music/noise ceases.
4. In the case of the following; Main Gate, swimming pool, street lighting malfunctions, serious water leaks and health and safety issues, the Caretaker is to be notified immediately so that he can instigate corrective action. Residents are not to attempt to manually open Main Gates as this action will cause serious gearbox damage, the Caretaker or a member of the committee will open the gate manually with a special tool after power is removed.
5. In the case of persistent and reoccurring noise due to radio, TV etc the resident is to contact the Caretaker and the committee will arrange for a conciliation meeting between all parties.
6. Any changes or additions to a resident’s pet entitlement should be initiated through the Caretaker who will provide the appropriate application forms. Approval will be discussed at the next Formal Committee Meeting and resident advised of the result.