Owners Corporation Rules

Owners Corporation No 1 PS 806076X

Property: 801-805 Whitehorse Road, MONT ALBERT VIC 3127

- Defined terms In these Rules:

(a)  Act means the Owners Corporations Act 2006 (Vic);

(b)  Authority means any government, semi-government, administrative, municipal or judicial body, authority or entity exercising any powers or functions under any law;

(c)  Common Property means the common property shown as common property on the plan;

(d)  Building means any Storage Unit, Warehouse or Office and associated car parking constructed on the Land, 801-805 Whitehorse Road, MONT ALBERT VIC 3127;

(e)  Land means the whole of the land described in the Plan;

(f)  Manager means the person or entity for the time being appointed by the Owners Corporation as its manager or if no person is for the time being appointed, the secretary of the Owners Corporation;

(g)  Developer means DCM Group (Aust) Pty Ltd (ACN 610 459 839) as the original owner and developer of the plan, or its assignee, transferee and agents;

(h)  Member means a member of the Owners Corporation;

(i)  Occupier means an occupier of a lot on the plan;

(j)  Owners Corporation means Owners Corporation 1 Plan No. PS 806076X unless Owners Corporation No 2 Plan No. PS 806076X or Owners Corporation No 3 Plan No. PS 806076X is specified;

(k)  Plan means plan of subdivision PS 806076X;

(l)  Rules means these rules;

(m)  Security Key means a key, magnetic card or other device used to open and close doors, gates, windows or locks of a lot or the Common Property; and

(n)  Services means the services and utilities provided for a lot or the Common Property including water, gas, electricity, lighting, sanitation, air-conditioning and ventilation, lights, escalators, elevators, fire control, security, telephone, facsimile, computer services and communications together with all plant and equipment needed to provide them.

- Interpretation
In these Rules, unless the context requires otherwise:

(a)  a heading may be used to help interpretation, but is not legally binding;

(b)  a gender includes the other genders;

(c)  the word "person" includes a natural person and any body or entity whether incorporated or not;

(d)  a reference to a person includes that person's successors, personal representatives and permitted assigns;

(e)  if 2 or more people are described as a party, each person is liable for their obligations and entitled to their rights jointly and severally;

(f)  a reference to all or any part of statute, ordinance or other law (statute) includes:

(i)  any rules, regulations or other instruments made under that statute; and

(ii)  that statute as amended, consolidated, re-enacted or replaced from time to time;

(g)  a reference to an owners corporation includes any elected committee of the owners corporation;

(h)  the word "include" or any form of that word, when introducing a list of things, does not limit the meaning of the words to which the list relates to those things or to things of a similar kind; and

(i)  a reference to a thing includes a part of that thing.

MODEL RULES

Model Rules for an Owners Corporation

1.1 Health, safety and security of lot owners, occupiers of lots and others
A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier, or user of another lot.

1.2 Storage of flammable liquids and other dangerous substances and materials

(1)  Except with the approval in writing of the owners corporation, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.

(2)  This rule does not apply to-

(a)  chemicals, liquids, gases or other material used or intended to be used for domestic purposes; or

(b)  any chemical, liquid, gas or other material in a fuel tank of a motor vehicle or internal combustion engine.

1.3 Waste disposal
An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.

2.1 Functions, powers and reporting of committees and sub-committees
A committee may appoint members to a sub committee without reference to the owners corporation.

3.1 Metering of services and apportionment of costs of services

(1)  The owners corporation must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.

(2)  If a supplier has issued an account to the owners corporation, the owners corporation cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.

(3)  Subrule (2) does not apply if the concession or rebate-

(a)  must be claimed by the lot owner or occupier and the owners corporation has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or

(b)  is paid directly to the lot owner or occupier as a refund.

4.1 Use of common property

(1)  An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.

(2)  An owner or occupier of a lot must not, without the written approval of the owners corporation, use for the owner or occupier's own purposes as a garden any portion of the common property.

(3)  An approval under subrule (2) may state a period for which the approval is granted.

(4)  If the owners corporation has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.

(5)  An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.

(6)  Subrules (4) and (5) do not apply to an animal that assists a person with an impairment or disability.

4.2 Vehicles and parking on common property
An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle

(a)  to be parked or left in parking spaces situated on common property and allocated for other lots; or

(b)  on the common property so as to obstruct a driveway, pathway, entrance or exit to a lot; or

(c)  in any place other than a parking area situated on common property specified for that purpose by the owners corporation.

4.3 Damage to common property

(1)  An owner or occupier of a lot must not damage or alter the common property without the written approval of the owners corporation.

(2)  An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the owners corporation.

(3)  An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.

(4)  An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.

(5)  The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.

5.1 Change of use of lots
An owner or occupier of a lot must give written notification to the owners corporation if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the owners corporation.
Example If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for residential purposes rather than commercial or industrial purposes.

5.2 External appearance of lots

(1)  An owner or occupier of a lot must obtain the written approval of the owners corporation before making any changes to the external appearance of their lot.

(2)  An owners corporation cannot unreasonably withhold approval, but may give approval subject to reasonable conditions to protect quiet enjoyment of other lot owners, structural integrity or the value of other lots and/or common property.

5.3 Requiring notice to the owners corporation of renovations to lots
An owner or occupier of a lot must notify the owners corporation when undertaking any renovations or other works that may affect the common property and/or other lot owners' or occupiers' enjoyment of the common property.

6.1 Behaviour of owners, occupiers and invitees on common property
An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.

6.2 Noise and other nuisance control

(1)  An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.

(2)  Subrule (1) does not apply to the making of a noise if the owners corporation has given written permission for the noise to be made.

(1)  The grievance procedure set out in this rule applies to disputes involving a lot owner, manager, or an occupier or the owners corporation.

(2)  The party making the complaint must prepare a written statement in the approved form.

(3)  If there is a grievance committee of the owners corporation, it must be notified of the dispute by the complainant.

(4)  If there is no grievance committee, the owners corporation must be notified of any dispute by the complainant, regardless of whether the owners corporation is an immediate party to the dispute.

(5)  The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the owners corporation, within 14 working days after the dispute comes to the attention of all the parties.

(6)  A party to the dispute may appoint a person to act or appear on the party's behalf at the meeting.

(7)  If the dispute is not resolved, the grievance committee or owners corporation must notify each party of the party's right to take further action under Part 10 of the Owners Corporations Act 2006.

(8)  This process is separate from and does not limit any further action under Part 10 of the Owners Corporations Act 2006

SPECIAL RULES
Special Rules for an Owners Corporation

8.1 Special rights
Subject to the Act, the obligations and restrictions set out in these Rules, rights may be given to any person by the Owners Corporation. If there is any conflict between these Rules and any rights given by the Owners Corporation, then the rights given by the Owners Corporation prevail in respect of the person to whom those rights are given.

8.2 A Member must not interfere with another's rights
A Member or Occupier must not:

(a)  use any part of the Common Property over which the Owners Corporation has granted exclusive use or enjoyment rights to another person; or

(b)  interfere with a manager performing their duties under any management agreement entered into with the Owners Corporation.

(c)  if the Manager is engaged with the Owners Corporation (All Members) by way of Contact of Appointment, it is in the Managers discretion to deal with the Members' property managers, in respect to any matter that relates to the Owners Corporation. Should the Manager elect to correspond with the Members' property managers, it is in the Managers discretion to charge additional fees to the Members should such correspondence unnecessarily interfere with the Manager performing their duties.

9.1 A Member must do these things
A Member or Occupier must:

(a)  keep their lot clean and in good repair;

(b)  clean the windows and exterior of their lot, and keep them in good repair;

(c)  promptly repair all broken glass or replace it with glass of the same or similar quality;

(d)  keep any plants, gardens and lawns on their lot trimmed, well watered and in good condition;

(e)  keep their lot secure;

(f)  use the Services, driveways, pathways and any other facilities in a lot or on any part of the Common Property only for their designated purpose;

(g)  use any items placed on the Common Property by the Owners Corporation only for their designated purpose;

(h)  promptly notify the Owners Corporation on becoming aware of:

(a)  any damage or defect in a lot, the Common Property or to any Services; and

(b)  anything likely to cause danger or risk to any person or property in or near a lot or the Common Property;

(i)  must be appropriately clothed when on any part of a lot visible from another lot and when on any part of the Common Property;

(j)  and comply with any parking directions given orally or published by the Owners Corporation in respect of parking and driving on or about the Common Property.

9.2 A Member may do these things with Owners Corporation consent
A Member or Occupier may do any of the following if it gets Owners Corporation written consent first:

(a)  Install on, attach to or hang from the exterior of any lot or any part of the Common Property any sign, furnishing, device, aerial, satellite dish, cable television or any other object;

(b)  install bars, screens, grilles or other safety equipment on the exterior of any windows or doors;

(c)  put anything in their lot which is visible from outside their lot and is inconsistent with the appearance of other lots or the Common Property;

(d)  hang a wind chime or other item on or from a balcony or terrace;

(e)  store or use dangerous or flammable substances. Owners Corporation consent is not needed for storage or use of dangerous or flammable substances;

(i)  in the normal conduct of the Member's or Occupier's use of their lot;

(ii)  only in such quantities permitted by law; and

(iii)  only if stored strictly in accordance with all relevant safety standards; and

(f)  do anything which may cause any insurance premium payable by the Owners Corporation to be increased.

9.3 A Member must not do these things
A Member or Occupier must not:

(a)  obstruct the lawful use of Common Property by any person;

(b)  make any noise or behave in a way likely to interfere with the peaceful enjoyment of any person in another lot or lawfully using Common Property;

(c)  allow any hazardous, noxious, offensive or unlawful thing to happen including anything causing annoyance, nuisance, danger or damage to any person or property;

(d)  paint, finish, mark, damage, deface or otherwise alter the exterior of any building or improvement forming part of any lot or the Common Property;

(e)  tint or otherwise treat any windows or other glazed parts of their lot or their Common Property;

(f)  obstruct any of the entrances, exits or passages to any lot or to or on the Common Property;

(g)  throw anything over any balcony or window;

(h)  do anything which may invalidate or suspend any insurance policy effected by the Owners Corporation;

(i)  hinder or obstruct any contactor or workman employed by the Owners Corporation;

(j)  use offensive language or behave in a way which may cause offence or embarrassment to another person;

(k)  smoke or drink alcohol in any part of the Common Property;

(l)  throw cigarette butts or cigarette ash on the Common Property;

(m)  allow any child under the Member's or Occupier's control to play on any part of the Common Property;

(n)  allow any child under the Member's or Occupier's control to be in any part of the Common Property which may be dangerous or hazardous to children, including any car park, driveway, stairs or swimming pool, unless the child is with an adult;

(o)  allow any person under the Member's or Occupier's control to use skateboards, roller skates or roller blades on the Common Property;

(p)  remove any item from the Common Property which has been placed there by the Owners Corporation;

(q)  interfere with or modify any Services;

(r)  interfere with or modify any intercom, television aerial or communication system;

(s)  cover any storage area;

(t)  enter any plant room;

(u)  operate any electronic or other equipment which interferes with any television, radio, telephone, computer or domestic appliances lawfully being used on any other lot or the Common Property;

(v)  install or use any intruder alarm which makes a sound which can be heard from outside their lot;

(w)  use a barbecue or other cooking appliance on any balcony or terrace or on Common Property;

(x)  hang any clothing, towel, bedding or other item in a place which can be seen from outside their lot;

(y)  put up any "for sale" or "for lease" signs on Common Property;

(z)  damage any plants, gardens and lawns on the Common Property:

(aa)  access the roof, without the consent of the Owner's Corporation:

(ab)  Contravene any provision or restriction of the Restrictive Covenant created upon the registration of the plan of subdivision PS806076X;

(ac)  without prior written consent of the Owners Corporation, install or permit the installation of any window coverings that can be seen from outside the building that does not conform with the original colour scheme installed by the developer;

(ad)  without the prior written consent of the Owners Corporation install or permit the installation of any awnings; or

(ae)  without the prior written consent of the Owners Corporation and then only upon the terms of such consent; hang curtains on, or place internal window furnishings, which is visible from outside the Lot, unless those curtains or window furnishings conform with the original colour scheme installed by the developer.

A Member or Occupier must immediately:

(a)  repair any damage to the Common Property and Services caused by the Member or Occupier; and

(b)  pay to the Owners Corporation any costs the Owners Corporation incurs for making good any damage to Common Property and the Services caused by the Member or Occupier.

11.1 A Member must do these things
A Member or Occupier of Owners Corporation No 2 PS 806076X must:

(a)  keep rubbish in appropriate containers and make sure rubbish is cleared on collection days;

(b)  utilise the bin chutes within Owners Corporation 2 PS806076X;

(c)  ensure that all rubbish is disposed into the bin chute appropriately as to not compromise the bin chute's function or to leave the surrounding of the bin chute in an untidy manner; and

(d)  notify the Owners Corporation should the bin chute be deemed to be full, obstructed or faulty;

(e)  comply with any directions of the Owners Corporation concerning disposal or recycling of rubbish.

11.2 Specific things a Member must do
Without limiting Rule 11.1, a Member or Occupier of Owners Corporation No 2 PS 806076X must:

(a)  clean, drain and place glass, unbroken, in the area which the Owners Corporation provides for this purpose;

(b)  store recyclable items, including paper and plastic, in the area which the Owners Corporation provides for this purpose;

(c)  flatten cardboard and packaging and place it neatly in the area which the Owners Corporation provides for this purpose; and

(d)  drain rubbish and securely wrap rubbish in small parcels or bags and put them in the chute if there is one.

11.3 A Member must not do these things
A Member or Occupier of Owners Corporation No 2 PS 806076X must not:

(a)  leave any rubbish, pallet, equipment or articles of any kind on the Common Property except In a receptacle or area specifically provided for that purpose by the Owners Corporation; or

(b)  burn rubbish or other materials in their lot or on the Common Property.

(c)  dispose of large items that are known or ought to be known to be greater than the bin chute opening. These items must be disposed directly in the main waste room located on Level Basement 1 in an appropriate manner.

12.1 Members must not keep animals
A Member or Occupier seeking to keep any animals in or near their lot or the Common Property, except for disability assistance dogs (Permitted Animals) must obtain the consent of the Owners Corporation.

12.2 Rules for animals
A Member or Occupier must make sure that any animal:

(a)  is properly restrained and kept on a leash or carried in a cage at all times when on Common Property,

(b)  does not urinate or defecate on Common Property, or on Members or Occupiers private balconies;

(c)  enters or leaves their lot through the basement and not through the main entrance lobby, if there is one; and

(d)  is removed from their lot or the Common Property after the Member or Occupier is requested to do so by the Owners Corporation if the Owners Corporation has resolved that the animal is causing a nuisance.

13.1 A Member must do these things
A Member or Occupier must:

(a)  only use their allocated car parking spaces to park vehicles or a motorbike;

(b)  promptly clean up any oil or other fluid emitted by any vehicle the Member or Occupier brings into the Common Property and private parking lots;

(c)  observe any parking directions given by the Owners Corporation;

(d)  observe every traffic sign on or at the entrance or exit of any car parking spaces, required; as

(e)  observe any condition of entry of the Owners Corporation concerning the car parking spaces, as required; and

(f)  make sure that any vehicle is parked wholly within a marked car parking space, as required.

13.2 A Member must not do these things
A Member or Occupier must not:

(a)  park or leave a vehicle on Common Property so as to obstruct a driveway or entrance to a lot, or in any place other than in parking areas specified by the Owners Corporation; and

(b)  leave any unregistered vehicle on a lot or on the Common Property.

(c)  park in an area allocated for visitor parking; and

(d)  allow a visitor to park in a visitor parking bay for more than three hours.

13.3 The Owners Corporation may do these things
The Owners Corporation may:

(a)  move any vehicle which is not parked wholly within a marked car parking space, as required, at the Member's cost;

(b)  move any vehicle which is not parked in the spot designated for that vehicle, at the Member's cost;

(c)  install traffic signs in the car parking area and the entrances and exits to the car parking area; and

(d)  designate car parks, as required, including by numbering or line marking;

(e)  remove any unregistered vehicles or vehicles deemed abandoned (in the Owners' Corporation reasonable opinion).

14.1 No building works without Owners Corporation consent
A Member or Occupier must get Owners Corporation consent before they may do any building works relating to the lot or the Services (for example, demolishing walls or altering the interior design of a lot).

14.2 The process for building works
For any proposed building works under this Rule, the Member or Occupier must:

(a)  give the Owners Corporation copies of all detailed drawings and other specifications of the proposed building works;

(b)  follow the reasonable requirements and directions of the Owners Corporation;

(c)  engage only qualified trades people, holding all necessary and current licences and insurance to do the works, as approved by the Owners Corporation, and give a copy of the licences and the insurance policy or certificate of currency for the policy to the Owners Corporation;

(d)  make sure the proposed building works are done in a proper and workmanlike way and following any drawings and specifications;

(e)  get any necessary permits or approvals to allow the proposed building works to be done and give copies of them to the Owners Corporation;

(f)  make sure that the proposed building works comply with all laws, including getting an occupancy permit or final inspection, when necessary; and

(g)  make sure the proposed building works are done at times and in a way that minimises damage, disturbance and inconvenience to others.

14.3 Restrictions on building works
The Member or Occupier must make sure that they and their agents and contractors doing the building works comply with these restrictions:

(a)  no building materials may be stacked or stored outside their lot;

(b)  no scaffolding may be erected on the Common Property or the exterior of their lot;

(c)  building works must be done during times permitted by local laws, as required by any responsible Authority;

(d)  the exterior of any building on the lot and the Common Property must be clean and in a safe state at all times;

(e)  construction vehicles and construction worker's vehicles must not be brought into or parked on the Common Property;

(f)  the method of building operations, means of access, use of Common Property, on- site management, building protection and hours of work must comply with the reasonable directions of the Owners Corporation; and

(g)  access to other lots or the Common Property to install or maintain Services or to do any building works requires the consent of the owners of the relevant lot or, in the case of Common Property, the consent of the Owners Corporation.

14.4 Damage to Common Property

(a)  A Member or Occupier must immediately:

(i)  repair any damage to the Common Property and Services caused by the building work; and

(ii)  clean and remove any dirt, debris or other rubbish resulting from the building works.

(b)  if the Member or Occupier breaches this Rule 9, the Member or Occupier indemnifies the Owners Corporation against any damage, expense, loss or liability incurred by the Owners Corporation if the Owners Corporation makes good any damage to, or cleans, the Common Property and the Services.

14.5 The Member must pay Owners Corporation costs
If the Owners Corporation requires advice from an architect or other consultant concerning the proposed building works, the Member or Occupier must pay on demand the reasonable fees and expenses which the Owners Corporation incurs for seeking that advice.

Structural integrity of building
A Member or Occupant must not do anything that may interfere with:

(a)  any support or shelter given by a lot or a part of the Common Property for any other lot or any other part of the Common Property;

(b)  the structural or functional integrity of their lot, or any building or improvement on any part of the Common Property; or

(c)  the Services.

A Member or Occupier must observe the maximum floor loadings of their lot, and any building or improvement on any part of the Common Property.

A Member or Occupier must obey any law or notice from an Authority requiring the Member or Occupant to do or stop doing anything.

18.1 Imminent danger
If there is any danger or threat concerning their lot or the Common Property (for example, a bomb threat), a Member or Occupier must immediately

(a)  notify the police, fire brigade or any other relevant Authority of the danger or threat;

(b)  notify the Owners Corporation of the danger or threat;

(c)  obey Owners Corporation instructions, including evacuation the lot or the Common Property; and

(d)  obey the instructions of the police, fire brigade or any other relevant Authority.

18.2 Emergency equipment
A Member or Occupier must:

(a)  not use or interfere with any fire safety or other emergency equipment except in the case of an emergency;

(b)  not obstruct any fire stairs or fire escape;

(c)  comply with all fire laws in respect of their lot, including installing all required fir fighting equipment and smoke detectors;

(d)  make sure that all fire safety and other emergency equipment installed in their lot are properly maintained and tested, and that back up batteries for smoke detectors are replaced as necessary; and

(e)  not cause a false fire alarm. If the Owners Corporation incurs a cost form the responsible fire Authority because of a false fire alarm, the Owners Corporation may recover the cost form the Member or Occupier responsible.

18.3 Fire control
The Owners Corporation may secure and keep the Common Property and any lots safe form fire or other hazards. This includes:

(a)  permanently or temporarily closing off and restricting access to any part of the Common Property not required for access to a lot; and

(b)  allowing a part of the Common Property to be used for security purposes, including monitoring security and safety of lots, even if this means excluding Member and Occupiers from using that part of the Common Property.

A Member or Occupier must not do anything which may prejudice the security or safety of the Common Property or any person in or near the Common Property.

(a)  After giving a Member or Occupier at least 1 day notice, the Owners Corporation may enter a lot to:

(i)  inspect the interior of the lot;

(ii)  inspect and test any Services;

(iii)  trace and repair any leak from or defect in any Service; and

(iii)  maintain the Services.

(b)  The Owners Corporation may enter a lot at any time without giving notice to the Member or Occupier in an emergency;

(c)  In exercising the Owner Corporation right under this Rule 20, the Owners Corporation must use reasonable to cause as little disruption as possible to the Member's or the Occupier's use of the lot; and

(d)  If the Owners Corporation repairs a leak or defect in any Service which is caused by the Member or Occupier, the Member or Occupier must pay on demand by the Owners Corporation all costs incurred by the Owners Corporation in repairing the leak or defect.

For 5 years after the date of registration of the Plan, the Developer or any agent of the Developer may erect "for sale", "for lease" or any other advertising signs (Developer's Signs) on any part of the Common Property as long as the Developer:

(a)  gives the Owners Corporation details of the Developer's Signs, including their proposed location;

(b)  pays all costs for erecting the Developer's Signs;

(c)  does not damage the Common Property or the structural or functional integrity of any lot, or any building or improvement on any part of the Common Property; and

(d)  repairs any damage to the Common Property caused by the Developer.

22.1 Invitees
A Member or Occupier must take all reasonable steps to make sure that their invitees obey these Rules. If their invitees do not obey these Rules, the Member or Occupier must immediately make sure their invitees leave their lot and the Common Property. The Owners Corporation may remove any person from the Common Property if the Owners Corporation believes that person is behaving inappropriately.

22.2 Tenants and licensees
A Member or Occupier of a lot subject to a lease or licence must:

(a)  notify the Owners Corporation immediately of a change in ownership of a lot

(b)  not let any person into actual occupation of a Members lot without prior notice being given to the Owners Corporation and the Occupier being bound by the Rules;

(c)  take all reasonable steps (including any action available under the lease or licence) to make sure any tenant or licensee of the lot and their invitees obey these Rules;

(d)  make sure that the lease or licence contains a condition requiring the tenant or licensee to obey these Rules including the terms of any notice displayed by the Owners Corporation including that of any statutory authority; and

(e)  notify the Owners Corporation immediately if a person other that a Member or Occupier has been given a Security key to access Common Property.

23.1 Owners Corporation may fix a Member's breach
If a Member or Occupier breaches these Rules the Owners Corporation may, at the Member's or Occupier's cost, do anything the Member or Occupier should have done under these Rules but which has not been done or which the Owners Corporation reasonably considers has not been done properly.

23.2 Owners Corporation may recover costs on demand
The Member or Occupier must pay on demand by the Owners Corporation all costs incurred by the Owners Corporation because of any breach of these Rules by the Member of Occupier, including legal costs (on a solicitor-own client basis) and recovery of any Owners Corporation fee.

23.3 Power to bring legal proceedings
Pursuant to Section 18 of the Owners Corporation Act 2006, the Owners Corporation PS806076X can bring legal proceedings as the need arises, to be filed with a court of competent jurisdiction which may include but not limited to, the Victorian Civil and Administrative Tribunal, Magistrates' Court of Victoria and County Court of Victoria.

24.1 Owners Corporation may issue proceedings
The Owners Corporation may:

(a)  issue proceedings;

(b)  impose a fine or penalty; or

(c)  both issue proceedings and impose a fine or penalty.


On any Member or Occupier who breaches any Rules.

A Member or Occupier must pay to the Owners Corporation on demand interest at the rate each year equal to the current rate fixed under Section 2 of the Penalty Interest Rates Act 1983 (Vic) on any money payable by the Member or Occupier to the Owners Corporation, including owners corporation fees and levies, which remains unpaid after the due date. Interest will be computed from the date on which the payment became due.

(a)  where anything depends on the consent or approval of the Owners Corporation then, unless these Rules provide otherwise, that consent or approval may be given conditionally or unconditionally or withheld, in the absolute discretion of the Owners Corporation;

(b)  any consent or approval of the Owners Corporation means the prior written consent, approval or authority;

(c)  a consent or approval of the Owners Corporation may be revoked; and

(d)  a conditional consent or revocation of consent made by the Owners Corporation may be evidenced by a minute of a resolution of the Owners Corporation.

A complaint or request for approval by a Member or Occupier made to the Owners Corporation must be in writing and sent to the managing agent, if there is one, or to the secretary of the Owners Corporation.

The Member or Occupier of each lot must indemnify and hold harmless the Owners Corporation against all claims resulting from any damage, loss, death or injury in connection with that Member's or Occupier's lot, or their use and occupation of that lot or the Common Property except to the extent that such claims arise out of the negligence of the Owners Corporation.

A Member or Occupier must:

(a)  follow safety measures during the use of barbecues and other cooking appliances on their private balconies, so as to not cause any harm, injury, death or damage to Members, Occupiers, private lots and common property;

(b)  ensure that barbecues or other cooking appliances on private balconies are situated at a location so as to not cause the sprinkler system to activate; and

(c)  ensure that barbecues or other cooking appliances on private balconies are situated at a location so as to not cause the sprinkler system to activate.

A Member or Occupier must:

(a)  maintain their allocated storage room in a neat and tidy manner at all times;

(b)  be fully liable for any costs associated with the repaírs, maintenance and upkeep of their storage room.

A Member or Occupier must not:

(c)  store and/or place and any item within 500MM of any sprinkler head.

(d)  use their storage room for any illegal purposes;

(e)  store any illegal substances, objects or any other item; and

(f)  store any item which is a health and safety hazard to any Members, Occupiers, the storage room, common property or the property itself.

A Member or Occupier must not:

(a)  access any roof or be at a height exceeding 2 metres;

(b)  permit any agent or contractor to access the roof or be at a height exceeding 2 metres unless the Member or Occupier has obtain the Owners Corporation written consent and provided the following to the Manager:

(i)  Safe Work Method Statement;

(ii)  copy of Working at Heights Certificate;

(iii)  copy of the Contractor's Certificate of Currency; and

(iv)  provide the scope of work.

(c)  it is in the Owners Corporation discretion to deny roof access to a Member, Occupier, their agent or contractor.

32.1 Moving in or out
A Member or Occupier of a Lot must:

(a)  not move in or move out of a Lot without notifying the Owners Corporation Manager in writing at least 48 hours before the proposed move;

(b)  comply with the Owners Corporation's Quick Reference Guide to Moving In or Out which would be provided at the time the written notice is provided to the Owners Corporation Manager of the proposed move;

(c)  ensure that during the move in or out no damage is to occur to the Common Property during the proposed move whereby the Member or Occupier must take time stamped photographs during the move or provide formal documentation that damage has not occurred throughout the move;

(d)  If the Member or Occupier is to engage in removalists for the proposed move in or out, it is the Member's or Occupier's responsibility to ensure that the removalists do not cause any damage to the Common Property and must provide of either formal documentation listed in the previous clause, that no damage has occurred; and

(e)  If the Member or Occupier causes damage to the Common Property, or the engaged removalist(s) causes damage to the Common Property then the Member or Occupier will be held fully liable for the damage and its cost of repairs.

32.2 Receiving or delivery large items
In this Rule:

Large Items means furniture, goods, equipment or any item which may damage or obstruct any part of the Common Property; and

Route means the part of the Common Property through which the Member or Occupier proposes to move a Large Item.

32.3 Moving large items
When delivering or receiving Large Items, the Member or Occupier must:

(a)  notify the Owners Corporation of the Member's or Occupier's intention to move the Large Items at least 48 hours before the proposed move;

(b)  allow a representative of the Owners Corporation to be present when the Large Items are moved;

(c)  comply with all directions of the Owners Corporation, including the date and time for moving the Large Items and coordinating removalists or tradespeople involved in the move;

(d)  only use those parts of the Common Property, and at such times, as the Owners Corporation allows;

(e)  only use service lifts and not use passenger lifts to carry the Large Items and, if the Owners Corporation requires, only after the Owners Corporation has placed protective covers in the lift to minimise damage;

(f)  not allow any Large Items to contact lift doors or walls, including static contact by leaning or stacking the Large Items against the lift door;

(g)  not restrict access to any lifts, lobbies, fire escapes or car parking area; and

(h)  not carry the Large Items through any building or the Common Property unless the Owners Corporation consents first.

32.4 Damage to Common Property

(a)  Before a Member or Occupier may move a Large Item, they must inspect the Route with the Owners Corporation to establish the state of repair of the Route.

(b)  A Member or Occupier must immediately:

(i)  repair any damage to the Common Property and Route caused by moving the Large Items;

(ii)  remove any rubbish, including paper, boxes or cartons; and

(iii)  pay to the Owners Corporation any costs the Owners Corporation incurs for making good any damage to or cleaning of the Common Property and the Route.

32.5 Moving in and vacating
Without limitation, Rule 32 applies to any items moved into or out of a lot when a Member or Occupier moves into or vacates a lot.

32.6 Storage of items in foyer and corridors
A Member or Occupier must not place any item, including any footwear, doormats, or any object in the foyer or corridors so as to be and cause an occupational health and safety hazard.

32.7 Presentation of balconies
Without limiting Rule 29, A Member or Occupier must not use the balcony for the purposes of drying or hanging clothes or other alike materials, or to store items other than barbecues, pot plants and outdoor furnishing whereby such items must be in a well-maintained state at all times.

33.1 Waste management
Members and/or Occupants of Owners Corporation No 3 PS 806076X are prohibited from the use of the common Waste Room located on Basement Level 1.

Members and/or Occupants of Owners Corporation No 3 PS 806076X are not liable for any costs associated with the common Waste Room located on Basement Level 1.

Owners Corporation No 3 PS 806076X is responsible for arranging its own private bins and private waste collection.

33.2 Lift maintenance
It is in the individual lot owner discretion to have their lift maintenance arranged by the Manager or by themselves.

Should lift maintenance be arranged by the Manager, the Manager will strike a Special Levy to recoup the costs.