Owners Corporation Rules Owners Corporation Plan No P 99 Donald Street, Footscray 3011

Transcription

1 Owners Corporation Rules Owners Corporation Plan No P 99 Donald Street, Footscray 3011 In these rules, unless the context otherwise requires: headings are for convenience only; words imparting the singular include the plural and vice versa; words imparting a gender include any gender; a reference to a person includes a reference to the person s executors, administrators, successors, substitutes; an expression imparting a natural person includes any company, partnership, joint venture, association or other Owners Corporation and any governmental authority; and a reference to a thing includes part of that thing. DEFINITIONS Act means the Subdivision Act 1988, or the Owners Corporation Act 2006; Additional Rules means any rules made by the Owners Corporation under the Owners Corporation Act and Regulations; Owners Corporation means the Owners Corporation, being Owners Corporation 1, 2 and 3 that is incorporated by registration of the Plan of Subdivision; (d) Building includes a structure and part of a building or a structure, walls, out-buildings, service installations and other appurtenances or a building and being the building situate at 99 Donald Street, Footscray 3011 and known as Legacy Apartments. (e) Committee means a committee of the Owners Corporation appointed in accordance with the Regulations; (f) Common Property means the common property of the Owners Corporation; (g) Land includes buildings and airspace being the whole of the land described in the Plan of Subdivision; (h) Land affected by the Owners Corporation means the lots of which the owners for the time being are the members of the Owners Corporation, together with the Common Property for which the Owners Corporation is responsible; (i) Lot means a part of any land (except a road, a reserve or Common Property) shown on a plan which can be disposed of separately; (j) Manager means the Company for the time being appointed by the Owners Corporation as its Manager and a reference in these rules to the Owners Corporation shall, where there is such a Manager, be construed as a reference to that Manager unless the context otherwise requires; (k) Occupier means the person or entity authorised by the Proprietor to occupy the designated Lot; (l) Plan or Plan of Subdivision means Plan of Subdivision No P; (m) Proprietor means owner of a lot affected by the Owners Corporation; (n) Regulations means the Owners Corporation Regulations 2007; page 1

2 (o) Rules means both the Model Rules and any Additional Rules of the Owners Corporation; (p) Security Key means a key, magnetic card or other device used to open and close doors, gates or locks in respect of a Lot or the Common Property. OBLIGATIONS & RESTRICTIONS 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. NOTE 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. page 2

3 1. ACCESS TO LOTS ADDITIONAL RULES OF OWNERS CORPORATION P Except in the case of an emergency (in which case no notice shall be required) upon one (1) days notice in writing the Owners Corporation or the Manager and their servants, agents and contractors shall be permitted to inspect the interior of any Lot and test the electrical, gas or water installation or equipment therein and to trace and repair any leakage or defect in the said installations or equipment (at the expense of the Lot Proprietor in cases where such leakage or defect is due to any act or default of the Lot Proprietor or its invitees). The Owners Corporation and the Manager, in exercising this power, shall ensure that their servants, agents and employees cause as little inconvenience to the Lot Proprietor as is reasonable in the circumstances. 2. APPEARANCE OF A LOT Without limiting any of these Rules a Proprietor or Occupier of a Lot must not: (d) (e) Without the prior written consent of the Owners Corporation attach to or hang from the exterior of the Lot any aerial or any security device or wires. Install or operate any intruder alarm which emits an audible signal. Allow any glazed portions of the Lot or the Owners Corporation that surrounds the Lot to be tinted or otherwise treated with the effect that the visual characteristics of the glazing will change. Install any external wireless, television aerial, skydish receiver, satellite dish or receiver or any other apparatus that can be viewed from the exterior of the Building. Install any pipes, wiring, cables or the like to the external face of the Building. 3. BEHAVIOUR BY PROPRIETORS AND OCCUPIERS 3.1 A Proprietor or Occupier of a Lot must not: create or permit any noise or behaviour in a manner likely to cause a nuisance to a Proprietor or Occupier of another Lot or of any person lawfully using Common Property; or obstruct the lawful use of Common Property by any person; or make or permit to be made any undue noise in or about the Common Property or any Lot affected by the Owners Corporation. 3.2 A Proprietor or Occupier of a Lot when on Common Property, or if on any part of a Lot so as to be visible from another Lot or from Common Property, must not use language or behave in a manner likely to cause offence or embarrassment to the Proprietor or Occupier of another Lot or to any person lawfully using Common Property. 3.3 A Proprietor or Occupier of a Lot must not smoke in internal common areas, being the corridors, floor landings, foyers, lifts, stairwells and basement carpark forming part of the Common Property or such other parts of the Common Property as the Owners Corporation or its Manager may designate from time to time. 3.4 A Proprietor or Occupier of a Lot must not, nor permit the consumption of alcohol or the taking of glassware onto the Common Property. 3.5 A Proprietor or Occupier of a Lot must not, nor permit the disposal of any rubbish including cigarette butts or cigarette ash on to the Common Property. 3.6 A Proprietor or Occupier of a Lot must not consume food, alcohol or other beverages in the lifts. page 3

4 4. OWNERS CORPORATION CERTIFICATE 4.1 Application to the Owners Corporation for an Owners Corporation Certificate must be made in writing and accompanied by the appropriate fee as stated by the Act or Regulations from time to time. 4.2 Any Proprietor who sells a Lot must advise the Owners Corporation of the sale, and the name and address of the new owner or their solicitor within one month of settlement. 5. BUILDING WORKS 5.1 A Proprietor or Occupier of a Lot must not undertake any building works within or about or relating to a Lot except in accordance with the following requirements: such building works may only be undertaken after all requisite permits, approvals and consents under all relevant laws have been obtained and copies given to the Owners Corporation, and then strictly in accordance with those permits, approvals and consents and any conditions thereof; the Proprietor or Occupier of a Lot must at all times ensure that such works are undertaken in a reasonable manner so as to minimise any nuisance, annoyance, disturbance and inconvenience from building operations to other Proprietors or Occupiers; and the Proprietor or Occupier of a Lot must at all times ensure adherence to all conditions as specified in Rule The Proprietor or Occupier of a Lot must ensure that the Proprietor or Occupier and the Proprietor s or Occupier s servants, agents and contractors undertaking such works, comply with the proper and reasonable directions of the Owners Corporation concerning the method of building operations, means of access, use of the Common Property, on-site management and building protection and hours of work and that such servants, agents and contractors are supervised in the carrying out of such works, so as to minimise any damage to or dirtying of the Common Property and the services therein. 5.3 Without limiting the generality of rule 5.2 the Proprietor or Occupier of a Lot must ensure that the Proprietor or Occupier and the Proprietor s or Occupier s servants, agents and contractors undertaking such works observe the following restrictions in respect of the works: building materials must not be stacked or stored in any area other than that as designated by the Owners Corporation for such purposes; construction work must comply with all laws of the relevant government agencies; and the exterior and the Common Property of the Building must at all times be maintained in a clean tidy and safe state. 5.4 Before any of the Proprietor or Occupiers works commence the Proprietor or Occupier must: obtain the written consent of the Owners Corporation manager cause to be effected and maintained during the period of the building works, contractor s all risk and public liability insurance policies to the satisfaction of the Owners Corporation; and deliver a copy of the policies and certificates of currency in respect of the policies to the Owners Corporation. page 4

5 6. PARKING SPACES 6.1 A Proprietor or Occupier of a lot must not use a car space, a motor bike space for any purpose other than for parking of a vehicle. 6.2 A Proprietor or Occupier of a lot must not in any way obstruct any of the access aisles in the car park. 7. CLEANING OF A LOT 7.1 A Proprietor or Occupier of a Lot must keep that Lot clean and in good repair. This includes any car park or storage cage utilised by the Proprietor or Occupier. 7.2 A Proprietor or Occupier of a Lot must keep clean all exterior surfaces of glass in windows and doors on the boundary of the Lot, including so much as is Common Property, unless: the Owners Corporation resolves that it will keep the glass or specified part of the glass clean; or that glass or part of the glass cannot be accessed by the Proprietor or a Occupier safely or at all. 8. RUBBISH, NOISE AND ODOURS 8.1 Without limiting any other rule, the Proprietor or Occupier of any Lot must: ensure their bins are taken out on each garbage collection day to the bin collection area nominated by the Owners Corporation, ensuring also that the bins are brought back in before 9:00 am on each collection day Monday to Saturday and before 10:00 am on Sundays; avoid unnecessary noise when filling bins and ensure contractors pick up between 8:00 am and 9:00 am Monday to Saturday and between 9:00 am and 10:00 am on Sundays; (d) (e) (f) (g) (h) ensure lids on bins are securely closed at all times and ensure that bins are kept clean; ensure all cardboard and paper waste is cut up or folded and neatly placed in the recycling area; store all bins, bottles, cardboard/paper and any other refuse within the relevant Lot (but not any car park forming part of that Lot) and must not store bins, bottles, cardboard/paper or any other refuse on Common Property except when this is the bin collection and recycling areas nominated by the Owners Corporation; ensure that any perishable rubbish is refrigerated and hidden from view; wash bins only within the Lot, excluding car spaces; comply with all health, noise and other regulations in carrying on the business from the Lot. 8.2 The Proprietor or Occupier of a retail/commercial Lot must not use that Lot for any trade or business nor permit others to do so unless: the planning scheme governing the use of that Lot permits the trade or business to be carried on from that Lot; any requirements in respect of the trade or business stipulated by any relevant authority from time to time are complied with; and the trade or business can be carried on, and is carried on, without causing undue nuisance to the Proprietors of other Lots. page 5

6 9. COMMON PROPERTY - DAMAGE TO 9.1 A Proprietor or Occupier of a Lot shall not mark, paint or the like, or otherwise damage or deface, any structure that forms part of the Common Property without the approval in writing from the Owners Corporation. 9.2 A Proprietor or Occupier of a Lot must not break the fire regulations by installing unapproved dead locks or other device that would void the Owners Corporation insurance policy. Any additional security device(s) installed post completion must be approved by the Owners Corporation. 9.3 A Proprietor or Occupier must promptly notify the Owners Corporation Manager or Building Manager on becoming aware of any damage to or defect in the Common Property or any personal property vested in the Owners Corporation. 9.4 A Proprietor or Occupier of a Lot shall compensate the Owners Corporation in respect of any damage to the Common Property or personal property vested in the Owners Corporation caused by that Proprietor or Occupier or their respective tenants, licensees or invitees. 10. COMMON PROPERTY AND STORAGE AREAS - INTERFERENCE WITH 10.1 A Proprietor or Occupier of a Lot must not, without the prior written consent of the Owners Corporation, remove any article from the Common Property placed there by direction or authority of the Owners Corporation and must use all reasonable endeavours to ensure that those articles are used only for their intended use and not damaged A Proprietor or Occupier of a Lot must not, without the written authority of the Owners Corporation or its Manager, interfere with the operation of any equipment installed on the Common Property A Proprietor or Occupier of a Lot must not modify any air conditioning, heating or ventilation system or associated ducting, or any other building service servicing that Lot without the prior written consent of the Owners Corporation A Proprietor or Occupier of a Lot must not enter into or permit any person to enter into any plant room, machine housing, electricity switch room, machinery room or adjust or cause adjustment to the thermostat, board control, communication system (except telephone connections) electricity, gas or heating or cooling controls in or on the Common Property without the consent of the Owners Corporation A Proprietor or Occupier of a Lot must not operate, or permit to be operated, on the Lot or within it any device or electronic equipment which interferes with any appliance lawfully in use on the Common Property, another Lot or another part of the Building. 11. COMMON PROPERTY - SECURITY OF 11.1 A Proprietor or Occupier of a Lot must not do anything, which may prejudice the security or safety of the Common Property A Proprietor or Occupier of a Lot must not allow persons to follow them through the security door/s or basement car-park to the Building. 12. COMMON PROPERTY - USE BY VEHICLES 12.1 A Proprietor or Occupier of a Lot must not park or leave a vehicle or permit a vehicle to be parked or left on Common Property so as to obstruct any driveway or entrance to a Lot, or in any place other than in a parking area specified for such purpose by the Owners Corporation A Proprietor or Occupier of a Lot must not permit oil leakages from any motor vehicle, trailer of motor cycle onto Common Property or their Lot and must reimburse the Owners Corporation for the cost of cleaning and removing any oil stains to the car parking area or page 6

7 other part of the Common Property. The Owners Corporation will give seven (7) days written notice of its intention to do such cleaning. 13. COMMON PROPERTY- USE OF 13.1 A Proprietor or Occupier of a Lot must not use or permit a Lot affected by the Owners Corporation to be used for any purpose which may be illegal or injurious to the reputation of the Building or may cause a nuisance or hazard to any other Proprietor or Occupier of any Lot or the invitees of any such Proprietor or Occupier A Proprietor or Occupier of a Lot must not use the Common Property or permit the Common Property to be used in a manner as to unreasonably interfere with or prevent its use by other Proprietors or Occupiers of Lots or their invitees A Proprietor or Occupier of a Lot must not hold or allow to be held any public auction on or near the Common Property. 14. COMPENSATION TO OWNERS CORPORATION The Proprietor or Occupier of a Lot shall compensate the Owners Corporation in respect of any damage to the Common Property or personal property vested in the Owners Corporation caused by that Proprietor or Occupier or their respective tenants, licensees or invitees. 15. COMPLAINTS AND APPLICATIONS Any complaint or application to the Owners Corporation must be addressed in writing to the Manager, or where there is no Manager, the secretary of the Owners Corporation. 16. COMPLIANCE WITH RULES BY INVITEES 16.1 A Proprietor or Occupier of a Lot must take all reasonable steps to ensure the invitees of the Proprietor or Occupier comply with these rules A Proprietor of a Lot which is the subject of a lease or licence agreement must take all reasonable steps, including any action available under the lease or licence agreement, to ensure that any lessee or licensee of the Lot and any invitees of that lessee or licensee comply with these rules A Proprietor or Occupier of a Lot must ensure that contractor s/tradesmen as appointed by them, only use the area specifically designated by the Owners Corporation for entry and exit to the Building. 17. COMPLIANCE WITH LAWS A Proprietor or Occupier of a Lot must, at the Proprietor s or Occupier s expense, promptly comply with all laws relating to the Lot including, without limitation, any requirement, notices and orders of any governmental authority. 18. CONSENT OF OWNERS CORPORATION 18.1 A consent given by the Owners Corporation under these rules will, if practicable, be revocable and may be given subject to conditions, including, without limitation, a condition evidenced by a minute of a resolution that the Proprietor or Occupier for the time being of the Lot to which the consent or approval relates is responsible for compliance with the terms of the consent The Owners Corporation must: at all times act in good faith and in a way that is consistent with the operation of the Building; not do or permit anything to be done that may unfairly inhibit or prejudice the proper management and operation of any lawful business; and page 7

8 19. DIRECTORY BOARD A Proprietor of a Lot, a Proprietor in occupation of the Proprietor s Lot or a person, corporation or statutory body in occupation of a Proprietor s Lot is entitled to require the Owners Corporation at the expense of the Occupier to include the name of the Occupier and the number of the Occupier s Lot on a directory board located on Common Property. The size and style of the type face must be as approved in writing by the Owners Corporation. 20. FIRE CONTROL 20.1 A Proprietor or Occupier of a Lot must not use or interfere with any fire safety equipment or fire doors except in the case of an emergency A Proprietor or Occupier of a Lot must not obstruct any fire stairs or fire escape A Proprietor or Occupier of a Lot must not allow the fire safety equipment as installed in respect to their Lot, to become non-operational. The Proprietor or Occupier must ensure compliance with all statutory and other requirements relating to fire and fire safety in respect of their Lot To avoid False Alarm Call Outs by the Fire Brigade, a Proprietor or Occupier of a Lot must not: (d) smoke in internal common areas; being the corridors, floor landings, foyer, lifts, stairwells, basement car-park or such other parts of the Common Property as the Owners Corporation or its Manager may designate from time to time; open the door to their Lot whilst having steam cleaning or dry cleaning of their carpet undertaken; utilise fire hoses except in the case of an emergency. leave open the entry door to their Lot whilst having building works undertaken. Note: In cases of negligence resulting in a False Alarm Call Out to be made by the Fire Brigade, the associated costs will be charged to the Proprietor or Occupier identified by the Owners Corporation or the Manager as being responsible. 21. INFECTIOUS DISEASES In the event of any infectious disease which may require notification by virtue of any statute, regulation or ordinance affecting any person in any Lot, the Proprietor of such Lot shall give, or cause to be given, written notice thereof and any other information which may be required relative thereto to the Manager and shall pay to the Owners Corporation the expenses of disinfecting the Building where necessary and replacing any articles or things, the destruction of which may be rendered necessary by such disease. 22. INSURANCE PREMIUM A Proprietor or Occupier of a Lot must not, without the prior written consent of the Owners Corporation, do or permit anything to be done which may invalidate, suspend or increase the premium for any insurance policy effected by the Owners Corporation. 23. MOVING OF FURNITURE AND/OR GOODS 23.1 A Proprietor or Occupier of a Lot must not move any article (including furniture and/or goods) likely to cause damage or obstruction through Common Property, without first notifying the Owners Corporation or its Manager in sufficient time (minimum of 3 days notice) to enable a representative of the Owners Corporation or the Manager to be present A Proprietor or Occupier of a Lot may only move an article (including furniture and/or goods) likely to cause damage or obstruction through Common Property in accordance with directions of the Owners Corporation, the Manager or the Manager s representative. page 8

9 23.3 Without limiting the generality of the foregoing rules, a Proprietor or Occupier of the Lot may only move articles (including furniture and/or goods) through the area specifically designated by the Owners Corporation A Proprietor or Occupier of a Lot must not move any article (including furniture and/or goods) in the lifts without arranging with the Owners Corporation Manager to have protective covers installed in the lift A Proprietor or Occupier of a Lot who causes any damage to the Common Property shall be liable for the cost of rectifying the damage. 24. PAINTING, FINISHING, ETC A Proprietor or Occupier of a Lot must not paint, finish or otherwise alter the external facade of: the Building or improvement forming part of the Common Property; or their Lot. 25. PETS AND ANIMALS A Member must not, and must ensure that the Occupier of a Member s Lot does not: (d) (e) (f) (g) (h) keep any pet or animal, including a cat or dog, that is heavier than 10 Kilograms; keep any animal on the Common Property, Common facilities or within the Member s Lot 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; exercise any animals on Common Property, allow any animal to roam freely or allow any animal to defecate or urinate on Common Property at any time; fail to clean up after any animal waste, mess, debris or to make good any damage to Common Property; fail to clean up each day any animal waste, mess, debris from balconies, courtyards or patios within a Member s Lot; keep any animal on a balcony, courtyard or patio within the Member s Lot if the Member, Occupier or an invitee is not present; keep any animal within a Member s Lot without having first notified the Owners Corporation of the same; permit an invitee to bring or keep any animal on the Lot or the Common Property. 26. CHARGING OF INTEREST AND RECOVERY OF AMOUNTS OWED TO THE OWNERS CORPORATION 26.1 The Owners Corporation will charge penalty interest of no more than 2% per annum less than the rate for the time being fixed under section 2 of the Penalty Interest Rates Act The Owners Corporation may recover any amount owed to the Owners Corporation in a court of competent jurisdiction including all legal costs on a solicitor-own client basis (including VCAT expenses) incurred by the Owners Corporation in collection of the same The Proprietor of a Lot must not permit tenants or Occupiers to avoid paying the cost of damage, false alarms or other amounts from time to time owed to the Owners Corporation. If the amount is not paid within 7 days, or within the agreed period, the owner will become liable to the Owners Corporation for the amount The Proprietor of the Lot must pay to the Owners Corporation any monies expended in debt collection or searching for correct correspondence addresses including Land Titles Searches, Private Detective, administration fees or any other fees reasonably expended A Proprietor who sells a Lot must advise the Owners Corporation of the name and address of the new owner within one month of the completion of the contract or any earlier as required by law. page 9

10 26.6 A person who acquires a Lot must advise the Owners Corporation of the person s name and address within one month of the completion of contract or any earlier as required by law A Proprietor who does not occupy the Lot or who will be absent from the Lot for more than 3 months must advise the Owners Corporation of the Proprietor s mailing address for service of notices and any changes to it as soon as possible A Proprietor must provide a street address for correspondence purposes to the Owners Corporation. P.O. Box addresses will not be accepted. 27. RECOVERY OF OWNERS CORPORATION CONTRIBUTION FEES AND LEGAL COSTS The Proprietor shall pay on demand by the Owners Corporation all legal costs on a solicitor-own client basis which the Owners Corporation pays, incurs or expends in consequence of any default by the Proprietor in the performance or observance of any term, covenant or condition contained in these rules including but not limited to recovery of Owners Corporation contribution fees. 28. SECURITY KEYS 28.1 The Owners Corporation may charge a reasonable fee for any additional security key required by a Proprietor or Occupier A Proprietor or Occupier of a Lot must exercise a high degree of caution and responsibility in making a security key available for use by any Occupier of a Lot and must use all reasonable endeavours including without limitation an appropriate stipulation in any lease or licence of a Lot to the Occupier to ensure the return of the security key to the Proprietor or the Owners Corporation A Proprietor or Occupier of a Lot in possession of a security key must not without the Owners Corporation written consent, duplicate the security key or permit it to be duplicated and must take all reasonable precautions to ensure that the security key is not lost or handed to any person other than another Proprietor or Occupier and is not to dispose of otherwise than by returning it to the Proprietor or the Owners Corporation A Proprietor or Occupier of a Lot must promptly notify the Owners Corporation if a security key as issued to them is lost, stolen or destroyed The costs of replacing any security key, remote control or any security device which is issued to the Proprietor or Occupier of a Lot will be at that Proprietor s or Occupier s cost. 29. SIGNS AND AWNINGS and SIGNAGE (excepting Commercial Lots 1R, 2R and 3R), Save for Commercial Lots 1R, 2R and 3R, on the Plan a Proprietor must not, and must ensure that the Occupier of a Proprietor s Lot does not: 29.1 Permit any placard, advertisement or signage in or upon the Proprietor s Lot or upon the Common Property unless the Owners Corporation first consents in writing and then only in accordance with the terms and conditions specified in such consent; 29.2 A Proprietor or Occupier of a Proprietor s Lot shall not permit any advertising material, logos, sign writing to any external window or glazing or external solid face of a Lot without the written consent of the Owners Corporation; 29.3 Any Proprietor who erects signage without prior written permission of the Owners Corporation will upon receipt of advice from the Manager, immediately remove the illegal signage. Should the Proprietor not remove the signage within 48 hours of written advice, the Proprietor consents to the Owners Corporation contractor accessing the Lot to arrange removal of the same. The cost of the removal will be invoiced to the Proprietor for reimbursement to the Owners Corporation. page 10

11 29.4 A Proprietor or Occupier of a Lot must not install or permit the installation of any awnings or similar sun shades to the exterior of the Building A Proprietor or Occupier of a Lot must not erect or fix any sign, window furnishing or film which is visible from the Common Property without first obtaining written consent of the Owners Corporation or its Manager A Proprietor or Occupier of a Lot must not paint or fix any sign in the car-parking areas without first obtaining written consent of the Owners Corporation or its Manager. 30. STORAGE OF BICYCLES A Proprietor or Occupier of a Lot must not permit any bicycle to be stored other than in the areas of the Common Property designated by the Owners Corporation or its Manager for such purpose and fitted with bicycle racks. 31. STORAGE OF FLAMMABLE LIQUIDS A Proprietor or Occupier of a Lot must not: except with the written consent of the Owners Corporation, use or store on the Lot, or associated parking bay, or store on the Common Property any flammable chemical, liquid, gas or other flammable material other than chemicals, liquids, gases or other material intended to be used for domestic purposes or in the fuel tank of a motor vehicle; or do or permit anything, which may invalidate or suspend any insurance policy effected by the Owners Corporation or cause any premium to be increased without the prior written consent of the Owners Corporation. 32. SUPPORT AND PROVISION OF SERVICES 32.1 Except for the purposes of maintenance and renewal and with the written consent of the Owners Corporation, a Proprietor or Occupier of a Lot must not do anything or permit anything to be done on or in relation to that Lot or the Common Property so that the passage or provision of services through the Lot or the Common Property is interfered with A Proprietor or Occupier of a Lot must not install a safe or other article exceeding 100 kgs in a Lot without the written consent of the Owners Corporation and before submitting to the Owners Corporation a structural engineering report in respect of the proposed installation A Proprietor or Occupier of a lot must acknowledge that the Owners Corporation may share amongst the Proprietors of that particular Owners Corporation the costs of supply and maintenance of any gas or power facility required for heating or air-conditioning to the whole of the Owners Corporation or any Common Property therein. A special airconditioning levy will be charged to members based on their usage of the air-conditioning and will appear as a separate item on the Owners Corporation invoice. 33. WASTE DISPOSAL A Proprietor or Occupier of a Lot must not deposit or throw garbage onto the Common Property except into a receptacle or area specifically provided for that purpose. 34. USE OF APPURTENANCES A Proprietor or Occupier of a Lot must not use the water closets, conveniences and other water apparatus, including waste pipes and drains, for any other purpose other than those which they were constructed, and the sweeping of rubbish or other unsuitable substances shall not be deposited therein. Any costs or expenses resulting from any damage or blockage shall be borne by the Proprietor or Occupier found to be responsible for the damage or blockage. page 11

12 35. SHORT TERM LEASE A Proprietor or Occupier must not, grant a lease, licence or other right to occupy their Lot or any apart of their Lot for a period less than three months, except where the Occupier is over holding under the terms of a lease, licence or other right to occupy that had a term of at least three months; or grant a lease, licence or other right to occupy any part of that Lot which forms a car parking space independently of a lease, licence or right to occupy all of the relevant Lots. 36. MARKETING SIGNAGE PERMITED FOR LIMITED TIME The original Member of the Owners Corporation, namely 56 Nicholson Pty. Ltd. or its nominee or assignees, if any, shall be entitled to place such marketing signage as it requires relating to Lots on the Plan on any lawful part of the Common Property including, without limitation, the external walls of the Building. This Rule shall cease to apply and shall be void and of no effect at the expiration of 2 years from the date of registration of the Plan. 37. AMENDMENTS TO THE RULES The Owners Corporation may only amend or revoke the Rules by Special Resolution as defined in the Act. page 12