Page 1 of 16 BODY CORPORATE 34850 Operational Rules Operational rules of Body Corporate 34850 that may be amended, added to or repealed pursuant to sections 105 and 106 of the Act. 1. INTERPRETATION 1.1 In these Rules unless the context otherwise requires: "Act" means the Unit Titles Act 2010 or any amendments to it. "Accessory Unit" has the meaning set out in the Act. "Amenities" in relation to any Unit or the Common Property means all electrical and plumbing equipment, heating and air conditioning equipment, drains, facilities and services forming part of or used in connection with the Unit or passing through, under or over the Common Property (as the case may require). "Building" means the whole of the building comprising any part of the Principal Units, Accessory Units and Common Property as shown on the unit plan. "Carpark Unit" means the Units comprised in computer unit title registers WN654524 to WN654558 (both inclusive) or any other Unit used for the purposes of the parking of Vehicles. "Commercial Unit" means the Units comprised in computer unit title registers WN654571 and WN654572. "Common Property" has the meaning set out in the Act. "Delivery Area" means any part of the Common Property designated by the Body Corporate as an area for the receipt, delivery or other movement of goods, supplies, produce, merchandise, freight or other articles, including but not limited to a loading bay. "District Plan" means the Wellington City Council District Plan in operation from time to time. "Land" means the land located at 181 Tasman Street, Newtown, Wellington, and comprised in computer freehold register WN214070. "Occupiers" includes Owners, tenants, employees, licensees, agents and persons under the control of the same. "Owner" has the same meaning set out in the Act, and for the purposes of these operational rules it also includes each and every Occupier (unless the context requires otherwise). "Principal Unit" means the principal Units in the Building being Units comprised in computer unit title registers WN654524 to WN654600 (both inclusive). "Residential Unit" means the units comprised in computer unit title registers WN654560 to WN654570, WN654573 to WN654600 (inclusive).
Page 2 of 16 "Rules" means and includes the operational rules of the Body Corporate contained herein as amended from time to time by the Body Corporate. "Unit" has the meaning set out in the Act, and where the context permits includes Accessory Units of such units situated in the Building. "Vehicle" includes, without limitation, a motorcycle or scooter. "Working Day" means any day of the week other than a Saturday, Sunday or a New Zealand statutory holiday (provided that the only anniversary day to apply shall be the day observed as the anniversary of the province in which the Building is situated). 1.2 The headings to Rules appear for ease of reference only and shall not affect their meaning or interpretation. 1.3 Where these Rules provide for the prior approval or consent of the Body Corporate to be obtained, then except as otherwise expressly provided for in these Rules, the Body Corporate's consent or approval shall not be unreasonably or arbitrarily withheld. 1.4 These Rules should be read in conjunction with the body corporate operational rules contained in Schedule 1 of the Unit Titles Regulations 2011. 2. DUTIES OF OWNERS 2.1 Owners and Occupiers shall: Allow Access a. Permit the Body Corporate (or its agents or servants) at all reasonable hours (except in the case of emergency when entry can be at any time) to enter into and upon the Unit for any of the following purposes: i. Investigating the cause of and/or deactivating any security alarm, fire alarm or other loud noise generating device sounding in the Unit; ii. Ensuring compliance with any easement, covenant, encumbrance or interest registered against the computer freehold register for the Land, the Unit and/or the supplementary record sheet. Maintain Unit b. Not do any of the following work without the prior written approval of the Body Corporate: i. Tint, decorate or attach film or otherwise alter the exterior windows of the Unit; ii. Erect, fix or place any television aerial, satellite dish, radio mast, antennae or similar device of any type on the exterior of the Building, or have anything hanging from a window or any other part of a Unit which is visible from the street, from any other Unit or from any part of the Common Property, without the prior written consent of the Body Corporate; or
Page 3 of 16 iii. Paint, affix or display any sign, advertisement, notice, nameplate, poster, placard, banner or like matter lettering or other mark to or on any part of the Common Property of the Building; Procure Compliance with Rules c. Procure compliance with the Rules by the Occupier's visitors, invitees, agents, servants or tenants and by the Occupiers of the Unit; Security d. Comply with any security system installed for the benefit of all or any of the Units; e. Not install or permit to be installed any security system within any Unit or part of the Common Property without the prior written approval of the Body Corporate; Fire Doors f. Not open or cause to be opened any fire doors except when it is necessary for access, ingress or egress; Directions of the Body Corporate g. Comply with all reasonable directions of the Body Corporate or its representatives to assist the Body Corporate to comply with statutory or regulatory requirements, including participating in trial evacuations; Comply with Laws h. Comply in all respects with all acts, by-laws and regulations for the time being in force in the area in which the Unit is situated in so far as they relate to the use, occupation and enjoyment of the Unit; i. Forthwith carry out all work that may be ordered by any local or public authority in respect of the Unit to the satisfaction of that authority; and j. Comply in all respects with all interests, easements, covenants and/or encumbrances registered against the Land, the Unit and/or the supplementary record sheet. 2.2 Owners and Occupiers shall not: Nuisance a. Park or allow or cause any other person to park any Vehicle or other obstruction on the Common Property other than in a place designated for the purpose by the Body Corporate; b. Bring onto, use, store, cause or allow to be done, in the Unit (including, without limitation any Accessory Unit) anything which may be or become a fire hazard; c. Use any chemicals, burning fluids, acetylene gas or alcohol in lighting or heating a Unit (including, without limitation, any Accessory Unit), nor in any
Exterior Page 4 of 16 other way cause or increase the risk of fire or explosion in a Unit or Accessory Unit. This provision shall not apply in respect of flue-less fireplaces which meet all relevant New Zealand safety standards and which are properly installed by a suitably qualified and, if relevant, certified, tradesperson; d. Erect, install or affix to the exterior of the Unit signage, shutters, blinds or awnings without the prior approval of the Body Corporate; e. Alter the appearance, surface, colour, decoration or design of the exterior of the Unit including, but not limited to, the affixing of signs, without the prior approval of the Body Corporate; f. Erect or hang curtains and/or blinds visible from the outside of the Building unless the backing visible from the outside of the Building is of such a neutral colour, design and quality that complies with the uniform and orderly appearance of the Building when viewed from the exterior. The Body Corporate shall reserve the right to order the removal of any curtains and/or blinds and to order an Owner to comply with this section; g. Place, install or affix any furniture or any other item to the exterior of the unit (including decks) which is visible from the outside of the Building unless such furniture or other item is of such colour, design and quality that complies with the uniform and orderly appearance of the Building when viewed from the exterior. The Body Corporate shall reserve the right to order the removal of any furniture or other item and to order an Owner to comply with this section; h. Hang any clothing, bedding or other articles on the outside or from the windows and/or balconies of the Unit; i. Erect, install or place any clothes drying apparatus (whether permanent, temporary or portable) on any part of the windows and/or balconies of the Unit; Roof j. Access, or procure persons under their control to access, the roof without the prior consent of the Body Corporate;\ Non-Smoking Policy k. Smoke or allow Occupiers to smoke in any of the Common Areas or Accessory Units of the Building (but excluding an Accessory Unit which is a deck or terrace); Use of Accessory Units l. Object to the temporary access over any unoccupied Carpark Units or Accessory Units by the Body Corporate or their agents or servants in order to obtain access to Common Areas or other Accessory Units for the purposes of attending to repairs and maintenance. In particular (but without limitation) the Owner shall not object to the use of Accessory Units or any unoccupied Carpark Units for the purposes of accessing Common Property providing access to the exterior of the Building or for the purposes of attending to
Page 5 of 16 maintenance of plant and other machinery situated within the Common Property; m. Use or permit an Accessory Unit to be used in such a manner as unreasonably obstructs or interferes with the use and enjoyment thereof by another Owner or any other Occupier(s) of the Building. Common Property n. Do or cause to be done any activity which is offensive, obnoxious or objectionable so as to interfere with the rights of such other Owners or Occupiers to reasonably use and enjoy the Common Property. o. Cause any loss, injury or damage to any part of the Common Property. If an Owner or Occupier causes any such loss, injury or damage, the Owner or Occupier shall make good any such loss, damage or injury caused by the Owner or Occupier; p. Obstruct, erect or install or place anything on the Common Property or any area providing access for Owners and Occupiers to the Common Property q. Use any facilities contained within the Common Property or any assets and improvements that form part of the Common Property for any use other than the use for which those facilities, assets or improvements were designed and constructed; r. Bring or permit to be brought onto the Common Property any Vehicle or object which shall cause or be likely to cause damage to the services of the Common Property, or to any improvements on or under the Common Property; s. Leave rubbish or recycling material on the Common Property, except in the designated areas; t. Use any part of the Common Property as a garden for their own purposes; u. Store or place (or permit to be stored or placed) any object or thing of any kind under the illuminated signs located in any of the lift lobbies of the Building; v. Move any furniture or other property of any type into or out of a Unit in any way which causes damage or inconvenience to any Common Property or any other Owners or Occupiers; Bicycles w. Leave, place or store any bicycle on any of the verandas, terraces or decks or leave, place, store or transport any bicycle in the corridors, lifts, lobbies or any part of the Common Property other than in the designated areas. 3. USE General Provisions Regarding Use 3.1 Notwithstanding any other provision contained in these Rules, an Owner or Occupier shall not:
Page 6 of 16 a. Use or permit the use of any Unit for the provision of commercial sexual services; b. Use or permit the use of any Unit for the provision of any kind of medical, dental or health services; c. Use or permit the use of any Unit for any probation, detention service, security service, prison or police station; d. Use or permit the use of any Unit for any purpose which may be illegal or injurious to the reputation of an Owner and/or any of the Units owned by an Owner (either singularly or collectively); e. Use or permit an Accessory Unit or the Common Property to be used in such a manner as unreasonably obstructs or interferes with the use and enjoyment thereof by another Proprietor or any other Occupier of the Building. Residential Units 3.2 Owners, Occupiers and persons under their control shall not use or permit their Residential Unit to be used for any purpose other than for residential use. If an Owner or Occupier wishes to use a Residential Unit for other uses, it shall first obtain the prior written consent of the Body Corporate, provided always that the predominant use of such Unit remains residential. If consent is given, that consent may at any time be withdrawn, revoked or modified with or without the imposition of any conditions required by the Body Corporate. Commercial Units 3.3 Owners and Occupiers of Commercial Units and persons under their control shall not use or allow their Unit to be used for any purpose other than for those lawful purposes permitted under the District Plan, local authority planning requirements, or any other regulatory or licensing requirements for the legal conduct of the business. 3.4 Notwithstanding any other provision contained in these Rules, an Owner of a Commercial Unit shall not use their Unit, or permit their Unit to be used: a. (In part or whole) as a room or establishment where alcoholic drinks are served over a counter except for a restaurant, cafe or similar operation where alcoholic drinks are served to seated dining patrons only via a waiter service; b. For any manufacturing or industrial purposes other than repair services which do not involve regular banging, hammering or machine noises; c. As part of a nationwide or international chain (of greater than 10 in number) of fast-food, restaurant or cafe outlets; d. (All or in part) as a retail outlet where discounting is a key component of the operational strategy; e. As food halls; f. As education institutions;
Page 7 of 16 g. For government-related occupiers who have direct dealings with members of the public (eg Work and Income New Zealand, Immigration or the Inland Revenue Department), but only where the use of the premises by such tenants is for public processing or engagement with the public as opposed to backroom processing or support services; h. As an embassy; i. For any gambling or gaming purposes; j. For any purpose which: i. interferes with the use and quiet enjoyment of the Building by any other Owner or any other Occupier(s) of the Building; ii. iii. adversely affects the high-quality nature of the Building; or adversely affects the operation of the area around the Building (including, without limitation, traffic flow); k. For any purpose which incorporates any usage producing dust or any other nuisance. 3.5 An Owner of a Commercial Unit shall ensure that any commercial or retail operation will at all times be operated in a reputable manner and in accordance with the best practice and highest possible standards (including, those relating to cleanliness of the premises, presentation of staff and as to the quality, quantity and presentation of services). 3.6 An Owner of a Commercial Unit shall: a. Maintain a quality and tasteful standard in respect of the Commercial Unit or any part of the Unit comparable to other quality commercial offices, retail shops and restaurants or cafes situated in the same area of Wellington; b. Consult with the other Owners as to signage requirements and seek the prior consent from the Body Corporate to any signage in accordance with the requirements set out in Rules 3.8, 3.9 and 3.10; c. Effect adequate insurance cover in respect of all fixtures and fittings, stock and public liability cover; d. Have the right to install and relocate internal partitions (but not structural walls) within a Unit. 3.7 Notwithstanding anything else herein contained, Owners of Commercial Units shall be entitled to maintain air-conditioning units upon those parts of the Common Property designated by the Body Corporate, so long as they comply with all reasonable directions from the Body Corporate as to location, use and maintenance thereof. An Owner shall, when installing such equipment, comply with all local authority requirements and all reasonable directions of the Body Corporate. The responsibility for the servicing, maintenance, upkeep and repair of all such plant and equipment shall reside with the Owner benefiting from the same. Works, Signage and Chattels
Page 8 of 16 3.8 All proposed works, signage and chattels (including outdoor furniture) for any Commercial Unit will be subject to the prior written consent of the Body Corporate. The Body Corporate may withhold its consent where (acting reasonably) it considers the proposed works, signage and/or chattels are inconsistent with the high-quality nature of the Building. 3.9 Proprietors of the Commercial Units must comply with all local authority requirements for signage and obtain the prior written consent of the Body Corporate to any signage or notices (including any window or under veranda signage) or displays on or to any part of the Common Property or on to any external part of a Unit, and shall, in respect of all such signage, comply with the reasonable requirements or directions of the Body Corporate. 3.10 The Body Corporate shall not consent to any proposed works, signage or chattels which compete with any signs stating the name of the Building or which might lead to the Building being identified by any other name. 3.11 Any change to the works, signage or chattels will be subject to the prior written consent of the Body Corporate. Carpark Units 3.12 Owners and Occupiers of the Carpark Units and persons under their control shall: a. Not use or allow to be used a Carpark Unit for any other purpose than the parking of Vehicles; b. Not use the Unit or permit it to be used for storage of items other than Vehicles; c. Ensure that any Vehicle parked in the Carpark Unit is parked within the boundaries of the Carpark Unit; d. Ensure the Carpark Unit is kept tidy and free of litter; and e. Not use the Accessory Units associated with the Carpark Units for the storage of volatile or highly flammable substances, goods or solids. Caretaker Unit 3.13 Notwithstanding any other Rule contained in these Rules, the Body Corporate may (at its option) lease a Unit or procure a lease of a Unit from an Owner for the purposes of appointing a caretaker or individual manager to oversee and manage the operations of the Building and observance of the Rules. 4. ODOURS 4.1 An Owner will not cause or permit any objectionable smells to be emitted from the Unit. 4.2 An Owner of a Commercial Unit will at its cost install, operate and maintain to the Body Corporate's reasonable satisfaction extraction fans and associated equipment adequate to prevent odours from the Unit becoming noticeable and troublesome to other tenants or occupants, users and customers and other occupants in the Building. If, in the reasonable opinion of the Body Corporate, any odours or smells emanating
Page 9 of 16 from the Unit are unacceptable, then irrespective of the installation of any extraction fans, or other equipment by the Owner, whether pursuant to this Rule or otherwise, the Body Corporate may by notice in writing to the Owner require the Owner (or its Occupier or tenant) to stop the offending cooking, food preparation or activity that causes the odour or smell. 4.3 For the avoidance of doubt, the Owner of a Commercial Unit shall not carry out or permit to be carried out any deep fat frying or the like of any food or other ingredients and/or the cooking of spicy or other types of food on the Unit which by their nature have strong odours. If the Owner does not clean the relevant extraction fans and associated equipment to the Body Corporate's reasonable satisfaction within 5 Working Days of the Owner receiving written notice from the Body Corporate, the Body Corporate may at any time thereafter arrange for the said extraction fan and associated equipment to be cleaned and on-charge such costs to the Owner, together with all relevant enforcement costs. 5. USE OF WATER SERVICES 5.1 An Owner shall not use toilets, drains or any other water related apparatus, appliances and fittings including waste masters, insinkerators, dishwashers, waste pipes and drains for any purpose other than that for which they were designed. An Owner shall not deposit any sweepings, rubbish or other unsuitable substances for which the Amenity was not designed, in the same. 5.2 The expense of repairing or cleaning any blockage to any of the Amenities where such damage has been caused by use other than normal domestic use or use in a manner for which the particular Amenities have been designed, shall be borne by the Owner of that Unit where such misuse arose or occurred. 5.3 An Owner shall not waste water unnecessarily and shall ensure that all taps in the Unit are turned off when not in use. 6. CONTRACTORS 6.1 An Owner or Occupier of a Unit who causes any repair, maintenance, additions, alterations or other such work to be carried out on a Unit must ensure that any contractors or any such persons employed by the Owner or Occupier cause minimum inconvenience to all other Owners or Occupiers and ensure that such work is carried out in a proper workmanlike manner. 7. NOISE 7.1 An Owner will not: a. Remove any sound insulation material fitted to the Unit without immediate replacement of the same, including without limitation, any carpet, underlay and/or acoustic ceiling fitted to the Unit unless such carpet is replaced with carpet, underlay and/or acoustic ceiling with the same or better acoustic properties when compared with the original carpet, underlay or acoustic ceiling; b. Make or permit any objectionable loud noises in the Building or upon the Land or interfere in any way with the peaceable enjoyment of another Owner or any
Page 10 of 16 Occupier(s) of the Building, or of any person lawfully using the Common Property; c. Breach any noise control regulations or the terms of any local authority permits or licences in relation to the operation of a business from the Unit; 7.2 An Owner of a Residential Unit shall: a. Ensure all musical instruments, radios, stereo equipment, television sets or any other electronic device or instrument are controlled so that the sound arising there from shall be reasonable in the circumstances and not cause annoyance to any other Owner or any other Occupier(s) of the Building; b. Ensure that any social gathering in the Unit shall not generate noise which unreasonably interferes with the peace and quietness of any other Owner or any other Occupier(s) of the Building, at any time of day or night; c. Ensure that agents, guests and invitees leaving the Unit after 10.00pm are required by the Owner to leave quietly; d. Ensure that the Owner (and any person under the Owner's control) returning to the Building late at night or in the early hours of the morning do so quietly; e. Ensure that in the event of any unavoidable noise in the Unit at any time, the Owner shall take all practical means to minimise annoyance to other Owners or any other Occupier(s) of the Building; f. Not use or allow to be used any loud speakers outside of the Unit unless otherwise approved in writing by the Body Corporate. 7.3 An Owner of a Commercial Unit shall: a. Ensure that any amplified sound, music or other noise emanating from the Unit does not exceed [30dba Leq (or 25dba Leq where any bass beat exists)] as measured in any of the Residential Units located in the Building; b. Subject to Rule 7.3 a., ensure that any amplified sound, music or other noise created within the Unit does not exceed [80dBA Leq]; c. Without limiting any other provision in these Rules, ensure that there is no live performance music in or outside the Unit; d. Ensure that loud speakers are mounted on rubber mounts and fixed only to concrete walls or columns (rather than lightweight construction wall where they might vibrate). An Owner of a Commercial Unit or Retail Unit will use or procure to be used industry best practice in terms of installing and maintaining the system; e. Ensure that rubbish collection which can cause noise when moved (e.g. bottles and cans) is not moved from the Unit to the rubbish bins or receptacles or collected from the rubbish bins or receptacles between the hours of 10.00pm and 8.00am Monday to Friday and 10.00pm to 10.00am Saturday and Sunday (and public holidays). An Owner of a Commercial Unit or Retail Unit shall also ensure that no unloading and/or emptying of rubbish which causes or is likely to cause undue noise occurs within the Unit during such times;
Page 11 of 16 f. Not use or allow to be used any loud speakers outside of the Unit; g. Ensure that any outdoor areas used in relation to the Unit may only be used between the hours of 8.00am and 10.00pm Sunday to Thursday and 8.00am to 10.00pm on Friday and Saturday (and public holidays), provided that the Body Corporate may grant approval to extend the above hours on a case by case basis on such terms and conditions as the Body Corporate sees fit in its sole discretion. 8. ANIMALS 8.1 An Owner or Occupier of a Unit must not, without the prior written consent of the Body Corporate, bring or keep any animal or pet in any Unit or the Common Property. 8.2 Notwithstanding anything in Rule 8.1, in the case of one domestic cat per Unit, consent of the Body Corporate shall not be unreasonably or arbitrarily withheld but may be revoked upon written notice if the rights or interests of any other Owner or Occupier are adversely affected by a domestic cat. 8.3 Notwithstanding anything in Rule 8.1, any Owner or Occupier of a Unit who relies on a guide, hearing or assistance dog may bring or keep such a dog in a Unit and may bring such a dog onto the Common Property. 8.4 An owner of any animal or pet permitted under Rule 8.2 or 8.3 must ensure that any part of the Unit or the Common Property that is soiled or damaged by the animal must promptly be cleaned or repaired at the cost of the animal s owner. 8.5 In the event of consent by the Body Corporate, then it shall be the responsibility of the Owner or Occupier of the Unit to ensure that any approved animal and its facilities shall be kept in a clean and tidy condition and that the keeping of such an animal shall not in any way interfere with the enjoyment of the Building by any other Owner or Occupier. 9. CLEANLINESS 9.1 An Owner will not: a. Deposit or throw any dust, dirt or mud, or beat any mat or carpet on or in, the Building; b. Throw, allow to fall, permit or cause to be thrown or fall any paper, rubbish, refuse, cigarette butts or other substances or liquids in the lifts, down the staircases, off balconies or out of the windows or doors of any Unit or the Common Property in the Building. 9.2 Any damage or costs for cleaning or repair caused by breach of Rules 9.1 a. or b. shall be determined by the Body Corporate and be borne by the Owner upon demand being made by the Body Corporate. 10. GAS
Page 12 of 16 10.1 An Owner will not use or permit to be used the gas services located in the Unit for any use other than for cooking purposes. 11. CLEANING AND REPLACING GLASS 11.1 An Owner must keep clean all glass contained in windows or doors of a Unit, and replace any cracked or broken glass as soon as possible with glass of the same or better weight and quality when safely accessible from the building interior. 11.2 The Body Corporate must be contacted if cracked or broken glass cannot be safely accessed. Any costs incurred by the Body Corporate in obtaining the services of a professional to replace cracked or broken glass that is not safely accessible from the building interior shall be borne by the Owner. 12. RUBBISH 12.1 An Owner will: a. Keep the Unit clean and maintained to a high standard. All practical steps will be taken to keep the Unit free of any vermin, pests, rodents and insects; b. Not allow any waste, rubbish, recycling material, trade refuse or litter to accumulate in or on the Unit or on the Common Property; c. Not burn any waste, rubbish or litter in the Unit or anywhere in the Building or on the Land; d. Ensure that all rubbish is securely fastened and properly secured in rubbish bags for disposal so as to avoid any odours escaping and shall ensure such rubbish bags are placed in the designated rubbish collection area; e. In respect of empty bottles, boxes, used containers and similar items, store such items tidily and so far as possible out of sight and they shall be disposed of in the designated rubbish collection area; f. Comply at all times with the approved rubbish collection and delivery schemes, rules, regulations and/or any other waste management strategies implemented by the Body Corporate from time to time; g. If an Owner is the registered Owner of a Commercial Unit or Retail Unit, ensure that any rubbish bins or receptacles are not unsightly and are covered and/or screened at all times so they cannot be seen by the public. 13. HEAVY OBJECTS 13.1 An Owner shall not, without the prior written consent of the Body Corporate, bring into nor permit to be brought into the Unit or any part of the Building anything which does or is likely to impose or cause damage, weakness, movement or structural defect to the Unit or the Building. Any such damage caused or contributed to shall be paid for by the Owner responsible.
Page 13 of 16 14. NO DANGEROUS SUBSTANCES 14.1 An Owner shall not bring into, do or keep anything in the Unit which shall increase the rate of fire insurance on the Building or any property on the Land or which may conflict with the laws and/or regulations relating to fires or any insurance policy upon the Building or any property on the Land or the regulations or ordinances of any public authority for the time being in force. 15. BURGLAR ALARMS 15.1 An Owner shall take reasonable precautions to ensure that burglar alarms are not activated unnecessarily or so as to cause disturbance or inconvenience to another Owner or any other Occupier(s) of the Building. 16. SECURITY 16.1 An Owner or persons under their control shall: a. Keep their Unit locked and all doors and windows closed and securely fastened at all times when the Unit is not occupied and do all things reasonably necessary to protect the Unit from fire, theft or damage; b. Not cause or suffer to be made any duplicate of keys or access cards held by them; c. Only provide keys and access cards to those persons living or working (as the case may be) in their Unit and shall keep a list of the recipients of keys and access cards and their status from time to time and shall immediately upon request from the Body Corporate provide the Body Corporate with an up-todate copy of such list; d. If any key or access card is lost, stolen, destroyed or mutilated by any person, notify the Body Corporate of such and pay all costs and expenses (including the cost of replacement thereof) howsoever arising immediately upon demand by the Body Corporate; e. Notify the Body Corporate immediately if Rules 16.1 a. to d. are breached. 16.2 All keys and access cards shall be provided in the first instance by the Body Corporate on such conditions as it shall from time to time impose, including the liability for the Owner to return obsolete keys and cards if the holder thereof is no longer in occupation of the Unit. The Owner shall be responsible for the care and retention of all such keys and access cards, failure to do so constituting a breach of security for the Building enabling unlawful access thereto, the consequences of which shall be the sole responsibility of the Owner. 17. NO AUCTIONS AND GARAGE SALES 17.1 An Owner will not permit any auction sale, garage sale or similar activity to be conducted or to take place in their Unit or the Common Areas in the Building or upon the Land.
Page 14 of 16 18. REMOVAL BY BODY CORPORATE 18.1 Subject to any restriction imposed or direction given at a general meeting, the Body Corporate may: a. Remove any Vehicle parked in breach of these Rules and recover the costs of any such removal from the Owner or Occupier who parked the vehicle or permitted the vehicle to be so parked; or b. Move any Vehicle parked on any part of the Common Property or any other Accessory Unit to which the Body Corporate or its agent or servant require immediate access; or c. Remove anything installed or placed on the Common Property in breach of the Rules and recover the cost of any such removal from the Owner or other person who installed or placed such thing on the Common Property. 19. BODY CORPORATE MANAGEMENT AND ADMINISTRATION 19.1 The Body Corporate may: a. Employ for or on its behalf such agents and servants as it thinks fit in connection with the control, management and administration of the Body Corporate and of its Common Property and in the exercise of its powers and duties; b. Execute documents, which may be attested to by the Body Corporate's chairperson or by the secretary or by any two members of the Body Corporate's committee; and c. Authorise any Building manager, on behalf of the Body Corporate to retain a master key for all Units. 20. PROPERTY MANAGEMENT AND LETTING 20.1 The Body Corporate may enter into an agreement with any person or corporation to act as secretary or manager of the Body Corporate or of the Building for the purposes of carrying out the management of the Units and/or the duties of the Body Corporate (including the duties of the committee of the Body Corporate) at such remuneration and upon such terms and conditions as the Body Corporate may decide. 20.2 The Body Corporate may nominate or appoint (and, if appropriate, engage and enter into an agreement with) any person or corporation to act as a letting agent for the benefit of any Owner wanting to have a managed tenancy or lease of their Unit, at such remuneration and upon such terms and conditions as the Body Corporate may decide. If a letting agent is so appointed or engaged pursuant to this clause, the appointment or engagement may only be altered or amended by a resolution passed by 75% of the Owners who have entered into an agreement with the letting agency pursuant to Rule 20.3. 20.3 Any Owner who wishes to let or part with possession of a Unit shall not enter into any agreement with any party to act as a letting agent for the Unit other than the letting agent appointed or engaged by the Body Corporate pursuant to Rule 20.2.
Page 15 of 16 21. LEASES AND TENANCIES 21.1 Any Owner who lets or parts with possession of a Unit shall ensure that: a. The name and address of the lessee or occupier is notified to the Body Corporate; b. The proposed lessee or occupier has received a copy of these Rules; c. The proposed lessee or occupier executes a deed of covenant with the Body Corporate to comply with these Rules; and d. Having regard to the proposed lessee or occupier's reputation and past conduct, the proposed lessee or occupier is a suitable tenant for the Building. 21.2 Parting with possession of the Unit shall not release any Owner from the obligation to ensure that Occupiers comply with these Rules nor shall it release any Owner from liability incurred under the same. 22. COSTS 22.1 Where any Owner breaches any Body Corporate rule or other obligation arising out of the Act, or defaults on payment of any levy struck by the Body Corporate or on any other payment, then that Owner shall be liable to the Body Corporate for all costs, penalties, charges, interest, secretarial, administrative or other charges including solicitor-client costs which the Body Corporate incurs. The Owner of a Unit shall be liable for any breach of the type contemplated by this Rule. 22.2 Where the Body Corporate has incurred costs and an Owner makes any payment whatsoever to the Body Corporate, then notwithstanding any purported direction by that person for the application of such payment, the Body Corporate may in its sole discretion apply that payment towards the outstanding levy or any costs. 23. NOTICE OF DAMAGE, DEFECTS, ACCIDENTS OR INJURY 23.1 Upon becoming aware of any damage or defect in any part of the Building (including its services), or any accident or injury to any person in the Building, an Owner or Occupier of a unit must immediately notify the Body Corporate. 23.2 Any cost to repair any such damage or defect shall be paid by the Occupier that caused or permitted the damage or defect or the Owner of the unit occupied by the person who caused or permitted the damage or defect. 24. MAIL COLLECTION 24.1 Owners and persons under their control shall use the area designated for residential mail collection situated within the ground floor of the Building and no other area and shall ensure that the security of such area is maintained at all times.
Page 16 of 16 25. DELIVERY AREAS 25.1 A Delivery Area must only be used: a. By Owners of Units or anyone permitted to so use by an Owner; b. For the purpose for which it was designed and constructed; and c. During certain hours, as set by the Body Corporate from time to time. 25.2 Any Delivery Area in a Unit must only be used by the Owner of the Unit or anyone permitted by the Owner and must only be used for the purpose for which it was designed and constructed. 25.3 An Owner or Occupier operating a business from a Commercial Unit or any employees, agents, suppliers and invitees of the Owner or Occupier operating a business from a Commercial Unit shall only move trade goods, supplies, produce, merchandise or freight in or out of the Commercial Unit through the Delivery Area or directly into the Unit from the Unit's street entrance. 25.4 An Owner or Occupier operating a business from a Commercial Unit or any employees, agents, suppliers and invitees of the Owner or Occupier operating a business from a Commercial Unit must not use the Building s main entrance foyers, the Common Property between the street entrances or the lifts to move trade goods, supplies, produce, merchandise or freight in or out of the Commercial Unit. 26. EMERGENCY CONTACT 26.1 If the address and telephone number of an Owner or Occupier is different from that noted in the current Body Corporate records, then the Owner or Occupier shall immediately provide the Body Corporate with the correct address and telephone number. 27. INVALIDITY SAVING 27.1 If it should be determined that a Rule or Rules contained in these Rules is or are invalid, void or unenforceable, all other provisions which are capable of separate enforcement without regard to an invalid, void or unenforceable provision are and will continue to be of full force and effect in accordance with their terms.