ANNEXURE A
CONSOLIDATION OF BY-LAWS FOR SP 56009
DICTIONARY
In these by-laws unless a contrary intention appears:
Act means Strata Schemes Management Act 2015.
Building means the building forming part of the Strata Scheme known as Dakota Apartments.
Car Parking Area means that part of the lots for car parking and common property car parking and access areas situated on the ground floor and level one.
Centre Courtyard Planter Box Area means the common property courtyard on level 2 of the Strata Plan.
Council means Inner West Council.
Government Agency means any government or semi-government administrative fiscal or judicial department, commission, authority, tribunal, agency or entity.
Key means a key, magnetic card or other devise to open and close doors, gates or locks in the strata parcel or to operate alarms, security systems or communication systems.
Managing Agent means the person for the time being appointed by the owners corporation as its Managing Agent and if there is not such person at any time the secretary/appointee of the strata committee of the owners corporation.
Owner means owner, occupier or mortgagee in possession of a lot.
Person means an individual, a firm, an owners corporation, an incorporated association or an authority.
Recreational Facilities means the common property swimming pool and gymnasium and lobbies.
Residential Owner means an owner, occupier or mortgagee in possession of lots in the strata plan not being numbered Lots 13, 50 and 51.
Retail Owner means an owner, occupier or mortgagee in possession of lots 13, 50 and 51.
Trade Waste Charge means any charge imposed on the owners corporation by Sydney Water pursuant to a Trade Waste Agreement/Permit with the Owner.
Words that this clause does not explain have the same meaning as they do in the Act and the Strata Schemes Development Act 2015.
A reference to:
(a) a thing includes the whole or each part of it;
(b) a document includes any variation or replacement of it;
(c) a law, ordinance or code includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of them; and
(d) a person includes their executors, administrators, successors, substitutes (including, but not limited to, persons taking by novation) and assigns.
The singular includes the plural and vice versa.
Headings do not affect the interpretation of the by-laws.
A reference to gender includes all genders.
BY-LAWS
1. NOISE
An Owner must not create any noise on a lot or the common property likely to interfere with the peaceful enjoyment of the Owner of another lot or of any person lawfully using common property.
2. VEHICLES
2.1 An Owner must not park or stand any motor or other vehicle on common property except with the prior written approval of the owners corporation.
2.2 An Owner must not use the common property or their car parking space for mechanical or other repairs or to wash a motor vehicle or any other vehicle.
2.3 The Owner is responsible for maintaining and keeping in a state of good and serviceable repair the car parking area excluding any maintenance or repair of a structural nature for which the owners corporation is responsible.
2.4 The owners corporation may enter the Owner’s car parking space at a reasonable time on notice given to the Owner for the purpose of discharging its responsibility under paragraph 2.3.
3. OBSTRUCTION OF COMMON PROPERTY
An Owner must not obstruct lawful use of common property by any person except on a temporary and non-recurring basis.
4. DAMAGE TO LAWNS AND PLANTS ON COMMON PROPERTY
4.1 An Owner must not, except with the prior written approval of the owners corporation;
(a) damage any lawn, garden, tree, shrub, plant or flower being part of or situated on common property, or
(b) use for his or her own purposes as a garden any portion of the common property.
4.2 An Owner must not enter upon the Centre Courtyard Planter Box Area for any purpose.
5. DAMAGE TO COMMON PROPERTY
5.1 An Owner must not mark, paint, drive nails or screw or the like into, or otherwise damage or deface, any structure that forms part of the common property except with the prior written approval of the owners corporation.
5.2 An approval given by the owners corporation under subclause (1) cannot authorise any additions to the common property.
5.3 This by-law does not prevent an owner or person authorised by an owner from installing:
(a) cosmetic works to the common property in connection with an Owner’s lot pursuant to section 109 of the Act;
(b) any locking or other safety device for protection of the Owner’s lot against intruders or to improve safety within the Owner’s lot, or
(c) any structure or device to prevent harm to children, or
(d) any device used to affix decorative items to the internal surfaces of walls in the Owner’s lot.
5.4 Any such locking or safety device, other device or structure must be installed in a competent and proper manner and must have an appearance, after it has been installed, in keeping with the appearance of the rest of the Building.
5.5 Despite section 106 of the Act, the Owner must:
(a) maintain and keep in a state of good and serviceable repair any installation or structure referred to in subclause 5.3 that forms part of the common property and that services the lot, and
(b) repair any damage caused to any part of the common property by the installation or removal of any locking or safety device, other device or structure referred to in subclause 5.3 that forms part of the common property and that services the lot.
6. BEHAVIOUR OF OWNERS
An Owner when on common property must be adequately clothed and must not use language or behave in a manner likely to cause offence or embarrassment to the Owner of another lot or to any person lawfully using common property.
7. CHILDREN PLAYING ON COMMON PROPERTY IN BUILDING
An Owner must not permit any child of whom the Owner has control to play on common property within the Building or, unless accompanied by an adult exercising effective control, to be or to remain on common property comprising Car Parking Area, Recreational Facilities or other area of possible danger or hazard to children.
8. USING THE RECREATIONAL FACILITIES
8.1 The Owner and their visitors may use the common property pool, and gymnasium. The Owner must accompany their visitors when they use the Recreational Facilities.
8.2 An Owner may use the Recreational Facilities during the hours nominated by the owners corporation.
8.3 An Owner must make sure that an adult exercising effective control accompanies children under 12 years who are in his care when the children use the Recreational Facilities.
8.4 An Owner must not:
(a) bring glass objects, drinking glasses or sharp objects into the Recreational Facilities;
(b) run, play, be noisy or do anything that might be dangerous in the Recreational Facilities;
(c) bring food or drink into the Recreational Facilities unless you have the owners corporation consent. You may bring non-alcoholic drinks in non-glass containers into the gymnasium without the owners corporation’s consent.
(d) hold parties or other functions in the Recreational Facilities unless you have the owners corporation’s consent; or
(e) interfere with, operate or adjust Recreational Facilities equipment without the owners corporation’s consent.
8.5 An Owner must comply with rules the owners corporation makes about using the Recreational Facilities.
9. BEHAVIOR OF INVITEES BEHAVIOR
An Owner must take all reasonable steps to ensure that invitees of the Owner do not behave in a manner likely to interfere with the peaceful enjoyment of the Owner of another lot or any person lawfully using common property.
10. DEPOSITING RUBBISH AND OTHER MATERIAL ON COMMON PROPERTY
An Owner must not deposit or throw on the common property any rubbish, dirt, dust or other material or discarded item except with the prior written approval of the owners corporation.
11. DRYING OF LAUNDRY ITEMS
An Owner must not, except with the prior written approval of the owners corporation, hang any washing, towel, bedding clothing or other article on any part of the parcel in such a way as to be visible from outside the Building other than on any lines provided by the owners corporation for the purpose and there only for a reasonable period.
12. CLEANING WINDOWS AND DOORS
An Owner 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:
(a) the owners corporation resolves that it will keep the glass or specified part of the glass clean, or
(b) that glass or part of the glass cannot be accessed by the Owner of the lot safely or at all.
13. STORAGE OF INFLAMMABLE LIQUIDS AND OTHER SUBSTANCES AND MATERIALS
13.1 An Owner must not, except with the prior written approval of the owners corporation, use or store on the lot or on the common property any inflammable chemical, liquid nor gas or other inflammable material.
13.2 This by-law does not apply to chemicals, liquids, gases or other materials used or intended to be used for domestic purposes, or any chemical, liquid, gas or other material in a fuel tank of a motor vehicle or internal combustion engine.
14. INSURANCE PREMIUMS
14.1 An Owner must have the owners corporation’s consent to do anything that might invalidate, suspend or increase the premium for the owners corporation’s insurance policy.
14.2 If the owners corporation gives consent under this by-lay, it may make conditions that, without limitation, require the Owner to reimburse the owners corporation for increased premiums.
15. MOVING FURNITURE AND OTHER OBJECTS ON OR THROUGH COMMON PROPERTY
15.1 An Owner must not transport any furniture or large object through or on common property within the Building unless sufficient notice has first been given to the strata committee so as to enable the strata committee to arrange for its nominee to be present at the time when the Owner does so.
15.2 An Owner must:
(a) make arrangements with the Managing Agent before he moves furniture or goods through the Building;
(b) move furniture and goods through the Building according to the Managing Agent’s instructions;
(c) comply with the Managing Agent’s reasonable requirements;
(d) use the lift (with protective wall blankets fitted) to move furniture or goods where appropriate; and
(e) use the stairs to move furniture and goods, considered by the Managing Agent in his sole discretion to be inappropriate to be moved by the lift.
16. GARBAGE DISPOSAL
16.1 A Residential Owner that does not have shared receptacles for garbage, recyclable material or waste:
(a) must maintain such receptacles within the lot, or on such part of the common property as may be authorised by the owners corporation, in clean and dry condition and (except in the case of receptacles for recyclable material) adequately covered, and
(b) must ensure that before refuse, recyclable material or waste is placed in the receptacles it is, in the case of refuse, securely wrapped or, in the case of tins or other containers, completely drained, or, in the case of recyclable material or waste, separated and prepared in accordance with the applicable recycling guidelines, and
(c) for the purpose of having the garbage, recyclable material or waste collected, must place the receptacles within an area designated for that purpose by the owners corporation and at a time not more than 12 hours before the time at which garbage, recyclable material or waste is normally collected, and
(d) when the garbage, recyclable material or waste has been collected, must promptly return the receptacles to the lot or other area referred to in paragraph (a), and
(e) must not place anything in the receptacles of the Owner of any other lot except with the permission of that Owner, and
(f) must promptly remove any thing which the Owner, or garbage or recycling collector may have spilled from the receptacles and must take such action as may be necessary to clean the area within which that thing was spilled.
16.2 A Residential Owner that has shared receptacles for garbage, recyclable material or waste:
(a) must ensure that before refuse, recyclable material or waste is placed in the receptacles it is, in the case of refuse, securely wrapped or, in the case of tins or other containers, completely drained, or, in the case of recyclable material or waste, separated and prepared in accordance with the applicable recycling guidelines, and
(b) must promptly remove any thing which the Owner, or garbage or recycling collector may have spilled in the area of the receptacles and must take such action as may be necessary to clean the area within which that thing was spilled.
16.3 The Retail Owners must:
(a) not place any refuse, waste or garbage in the receptacles provided for Residential Owners;
(b) ensure that all refuse, recyclable material or waste is placed in its own receptacles securely wrapped and in the case of tins or other containers, completely drained and stored within their lot;
(c) promptly arrange for the daily removal of such refuse and waste at their own expense;
(d) regularly clean all exterior surfaces of glass in windows and doors on the boundary of the lot, including so much as is common property.
17. KEEPING OF ANIMALS
17.1 Subject to section 139(5)the Act, an Owner of a lot must not, without the prior written approval of the owners corporation, keep any animal (except fish kept in a secure aquarium on the lot) on the lot or the common property.
17.2 The owners corporation must not unreasonably withhold its approval of the keeping of an animal on a lot or the common property.
17.3 In keeping a fish in a secure aquarium or any other animal approved by the owners corporation, an Owner shall:
(a) keep the animal within the boundaries of their lot;
(b) ensure that when an animal is taken across the common property that it is kept secured;
(c) do all acts and things necessary to:
i. ensure that no noise is created by the animal which is likely to interfere with the peaceful enjoyment of an Owner of another lot or of any person lawfully using the common property;
ii. clean any areas of a lot or common property that are soiled by the animal; and
iii. remain liable for any damage to a lot or common property arising out of the keeping of the animal and indemnify and shall keep indemnified the owners corporation against any costs or losses arising out of or in connection with the keeping of the animal including any damage to any person, lot or common property and any costs of high pressure water cleaning.
17.4 Pursuant to section 139(6) of the Act the owners corporation may request an Owner to provide evidence that any animal is an assistance animal under section 9 of the Disability Discrimination Act 1992 (Cth).
18. APPEARANCE OF LOT
18.1 The Owner must not, without the prior written approval of the owners corporation, maintain within the lot anything visible from outside the lot that viewed from the outside of the lot, is not in keeping with the rest of the Building.
18.2 This by-law does not apply to the hanging of any washing, towel, bedding, clothing or other article as referred to in by-law 11.
18.3 An Owner must not hang curtains and blinds, install fly screens or louvres visible from outside the lot unless those curtains, blinds, fly screen or louvres have a backing of such colour and design as approved by the strata committee of the owners corporation.
18.4 An Owner must not install, renovate and/or replace a curtain, blind or louvre without having the colour and design of the backing approved by the strata committee.
18.5 In giving its approval, the strata committee must ensure so far as practicable that backings used in all lots present a uniform appearance when viewed from outside the Building.
19 COURTYARDS AND BALCONIES
19.1 An Owner may keep planter boxes, pot plants, occasional outdoor furniture and outdoor recreational equipment on the courtyard or balcony of his lot only if it:
(a) is a type approved by the owners corporation; and
(b) will not cause damage or is dangerous.
19.2 The owners corporation may require an Owner, at his cost, to remove items from his courtyard or balcony and replace them so that the owners corporation may inspect or repair common property.
20. PLANTER BOXES ON OWNER’S COURTYARD OR BALCONY
20.1 If there are planter boxes within an Owner’s courtyard or balcony, he must:
(a) properly maintain the soil and plants in the planter boxes; and
(b) when he waters planter boxes, he must make sure that no water goes onto common property or another lot.
20.2 An Owner must not use planter boxes in a way that will damage common property or create a nuisance or hazard.
21. CHANGE IN USE OF LOT TO BE NOTIFIED
A Retail Owner must notify the owners corporation if the Retail Owner changes the existing use of the lot in a way that may affect the insurance premiums for the strata scheme.
22. PROVISION OF AMENITIES OR SERVICES
22.1 The owners corporation may, by special resolution, determine to enter into arrangements for the provision of the following amenities or services to one or more of the lots, or to the Owners of one or more of the lots:
(a) window cleaning,
(b) garbage disposal and recycling services,
(c) electricity, water or gas supply,
(d) telecommunication services (for example, cable television).
22.2 If the owners corporation makes a resolution referred to in subclause 22.1 to provide an amenity or service to a lot or to the Owner of a lot, it must indicate in the resolution the amount for which, or the conditions on which, it will provide the amenity or service.
23. PUTTING UP SIGNS
23.1 An Owner must not without the prior written consent of the owners corporation affix or exhibit any sign, light, advertisement, name or notice to or on any part of the Building unless it is inside the lot, and not visible from outside the lot.
23.2 The Retail Owners have the special privilege to erect and use signs on common property. The Retail Owner must:
(a) get consent from the owners corporation to put up signs;
(b) get consent from Council to put up signs;
(c) properly maintain and, where necessary, replace signs put up by the Retail Owner;
(d) repair damage to common property caused by exercising rights under this by-law; and
(e) indemnify the owners corporation against all claims and liability caused by exercising rights under this by-law.
23.3 The owners corporation must not unreasonably withhold its consent if the Owner applies to put up a sign provided always that no sign shall be permitted on the fascia of the awning along Booth Street.
24. THE GREASE TRAP
24.1 The Retail Owners have the special privilege to connect to and use the common property grease trap.
24.2 The Retail Owners who have connected to the grease trap must:
(a) pay their costs under this by-law in shares proportional to their use of the grease trap;
(b) properly maintain and where necessary replace the grease trap;
(c) repair damage to the common property caused by exercising rights under this by-law;
(d) comply with the requirements of Council and Government Agency for grease traps;
(e) indemnify the owners corporation against all claims and liability caused by exercising rights under this by-law or using the grease trap;
(f) pay all Trade Waste Charges, in which respect a document issued by Sydney Water in relation to a Trade Waste Charge shall be prima facie evidence of its contents.
25 TOILET AREAS
25.1 The Retail Owners have exclusive use of the common property area on the ground floor level shown on the Strata Plan as “A”.
25.2 The Retail Owners must:
(a) properly clean, service and maintain the toilet area (but not structural maintenance).
(b) repair damage to the common property caused by exercising their rights under this by-law;
(c) indemnify the owners corporation against all claims and liability caused by exercising rights under this by-law or using the toilet area;
(d) ensure that access to the toilet area is restricted and accessed by key.
26. THE SHOPS
26.1 The Retail Owners have special privileges to:
(a) connect equipment and service lines, pipes, cables and ducts to existing common property services to exercise rights under this by-law; and
(b) receive deliveries of stock and equipment during the hours nominated by the owners corporation
on the conditions set out in this by-law.
26.2 In consideration of the grant of the special privileges under this by-law, the Retail Owners may use their lots for these commercial and retail purposes:
Bank Medical Centre
Beautician Newsagent
Bookshop Optician
Boutique Restaurant
Chemist Specialty convenience store
Delicatessen Stationer
Florist Travel Agent
Hairdresser Valet service
Jeweller or watchmaker Video Shop
Coffee Shop Patisserie
Bread Shop Liquor Outlet
Antique Shop Physiotherapist
26.3 The Retail Owners must:
(a) properly maintain common property affected by their rights under this by-law;
(b) repair damage to common property caused by exercising their rights under this by-law;
(c) get necessary consents from Council and Government Agencies about the use of their lot or work they propose to do in their lot or common property;
(d) try to minimise disruption to other Owners and their visitors when exercising their rights under this by-law; and
(e) comply with the Act and the Strata Schemes Development Act 2015, the special by-laws for Dakota Apartments and easements or restrictions on use for their lot or common property;
(f) comply with guidelines made by the owners corporation about fitting out lots; and
(g) indemnify the owner corporation against all claims and liability caused by exercising rights under this by-law.
27. KEYS
27.1 If the strata committee restricts the access of the Owners under the By-Laws above, the Council may make the number of Keys as it determines available to Owners free of charge. The strata committee may charge a reasonable fee for any additional Key required by an Owner.
27.2 An Owner must exercise a high degree of caution and responsibility in making a Key available for use by any occupier of a lot and must use all reasonable endeavours including without limitation an appropriate agreement in any lease or licence of a lot to the occupier to ensure return of the Key to the Owner or the owners corporation.
27.3 An Owner in possession of a Key must not duplicate the Key or permit it to be duplicated and must take all reasonable precautions to ensure that the Key is not lost or handed to any person other than Owner and is not disposed or otherwise than by returning it to the Owner or the owners corporation.
27.4 An Owner must promptly notify the owners corporation if a Key is lost or destroyed.
28. GARAGE DOOR
The Retail Owners and the Owners of Lots 23, 24, 48 and 49 have the special privilege and shall be entitled respectively to install a garage door described in the Schedule to this By-Law (“Garage Door”) and to the exclusive use and enjoyment of that part of the common property appurtenant to the Garage Door subject to the conditions that:-
(a) each Owner shall be responsible for the proper maintenance and keeping in a state of good and serviceable repair, the renewal and replacement of the Garage Door; and
(b) each Owner must maintain the Garage Door to a standard and of a type and colour as may be prescribed by the owners corporation from time to time.
THE SCHEDULE
Garage Door includes the enclosure of the perimeter or boundary of the carspace with heave gauge wire mesh or a garage door or mesh door and all wires, cables, motors, controls (including a remote control device) and other appurtenances attached to the carspace forming part of each lot referred to in this By-Law and that part of the common property.
29. RULES
The strata committee may make rules relating to the control management, operation, use and enjoyment of common property including without limitation:
(a) the control management, operation and use of the Recreation Facilities; and
(b) the storage, disposal and collection of garbage.
The strata committee may at any time add to or alter the rules.
SPECIAL BY-LAW NO. 1
1. DEFINITIONS
i. The following terms are defined to mean:
“Security Systems” means a system and mechanisms to permit and facilitate access to and from lots and common property, including the installation of a closed circuit surveillance system and appropriate accessories.
“Equipment” means all equipment (including cabling) necessary to facilitate the installation, operation, maintenance and repair of the Security System.
2. POWERS & DUTIES
ii. The Owners Corporation shall have the following additional powers, authorities, duties and functions:
(a) the power to install the Equipment in the common property and lots;
(b) the power to enter lots to install, repair or replace the Equipment or any part of the Equipment (if necessary) on the same terms as prescribed in section 122 of the Strata Schemes Management Act 2015;
(c) the power to enter into arrangements with third parties from time to time for the operation of the Security System and installation, repair and replacement of the Equipment;
(d) the duty to keep any Equipment installed pursuant to this by-law in good and serviceable repair;
(e) the power to replace the Equipment from time to time as determined by the Owners Corporation; and
(f) the power to provide to owners and/or occupiers of Lots, on terms and conditions (including but not limited to the payment of a security deposit) determined by the Owners Corporation from time to time, any devices of information required to operate the Security System.
SPECIAL BY-LAW NO. 2
On the conditions set out in this by-law, the owner for the time being of lot 50 (“the owner”) shall have a right of exclusive use and enjoyment of that part of the common property comprising the exhaust ducting which exclusively serves his lot (“the exhaust ducting”).
In this by-law, “exhaust ducting” includes all ancillary fixtures and fittings including without limitation associated equipment and plumbing.
Conditions:-
1. The owner must:
(a) maintain the exhaust ducting in a state of good and serviceable repair and appearance, and must renew or replace it whenever necessary;
(b) arrange for the exhaust ducting to be cleaned regularly; and
(c) comply with any requirements of the local Council or any other relevant authority in relation to the operation and use of the exhaust ducting.
2. The owner may permit any tenant or occupier of his lot to exercise the owner’s rights in relation to the exhaust ducting provided the owner ensures the tenant or occupier compiles with this by-law.
3. If, in order to comply with his obligations under this by-law, an owner must carry out works to the exhaust ducting, the owner must when carrying out the works:
(a) comply with the requirements of the local Council and any other relevant authority;
(b) carry out the works in a good and workmanlike manner; and
(c) not obstruct or permit obstruction of lawful use of the common property during the course of the works by tradesmen, building materials, tools or debris.
4. The owner must repair promptly any damage caused or contributed to by use, maintenance, repair, renewal or replacement of the exhaust ducting including, without limitation, damage to the property of the Owners Corporation or the property of the owner or occupier of another lot in the strata scheme.
5. The owner must indemnify the Owners Corporation against any liability or expense arising out of use, maintenance, repair, renewal or replacement of the exhaust ducting including, without limitation, any liability under section 122(6) of the Strata Schemes Management Act 2015 for damage to the exhaust ducting.
6. The owner at his own expense must comply with any requirement or order of the local Council, other statutory authority, or Tribunal or Court having jurisdiction relating to the exhaust ducting.
7. If the owner is in breach of any condition of this by-law and fails to rectify that breach within thirty (30) days of service of a written notice from the Owners Corporation requiring rectification of that breach, then the Owners Corporation may rectify any such breach and may recover the costs of the rectification together with the expenses of the Owners Corporation incurred in recovering those costs as a debt due from the owner.
8. The Owners Corporation may, with reasonable notice, by itself, its agents, servants and contractors, enter the lot to rectify any breach of this by-law.
9. The owner must meet all reasonable expenses of the Owners Corporation incurred in the preparation, making, registration, implementation and enforcement of this by-law.
SPECIAL BY-LAW NO. 3
On the conditions set out in this by-law, the owner for the time being of each of the Lots within Strata Plan No. 56009 (“the owner”) shall have a special privilege in respect of the common property to keep within the common property any:
(a) awnings;
(b) louvres; and
(c) tinted glass on windows
which serve his lot.
In this by-law “awnings” and “louvres” includes any motor and other ancillary fixtures and fittings.
Before the Works
1. Before starting the works, the owner must provide the Owners Corporation with:-
(i) A copy of any requisite approval of the local Council, including all drawings, specifications, conditions and notes;
(ii) A copy of any requisite construction certificate for the works under Part 4A of the Environmental Planning and Assessment Act 1979;
(iii) A copy of any requisite certificate of insurance relating to the performance of the works under Section 92(2) of the Home Building Act 1989; and
(iv) Evidence of currency for the duration of the works of Contractors’ All Risk insurance cover in an insurance office of repute (incorporating cover against public risk in respect of claims for death, injury, accident and damage occurring in the course of or by reason of the works), to which the owner is a named party.
2. Before starting the works, the owner must obtain from the Strata Committee of the Owners Corporation its written approval (which shall not be withheld unreasonably) of the colour, design, materials and dimensions of any awnings, louvres and tinted glass proposed, and in determining a request for written approval the Strata Committee shall take into account the colour, design, materials and dimensions of any awnings, louvres and tinted glass which have already been installed upon common property with the approval of the Owners Corporation so as to ensure that there is a reasonably uniform appearance of all awnings, louvres and tinted glass when viewed from outside the strata scheme.
The Works
3. In undertaking the works, the owner must by himself, his agents, servants and contractors:-
(i) Use best-quality and appropriate materials, in a proper and skilful manner;
(ii) Comply with all conditions and requirements of the local Council;
(iii) Comply with the Building Code of Australia and all pertinent Australian Standards;
(iv) Comply with the terms of any approval given by the Owners Corporation under this by-law;
(v) Comply with the requirements of any building consultant or engineer engaged by the Owners Corporation to supervise or to inspect the works, for the purpose of ensuring compliance with the provisions of this condition;
(vi) Not allow the obstruction of reasonable use of the common areas of the strata scheme in the course of the works, by building materials, tools, machines, debris or motor vehicles.
(vii) Give to the residents of other lots in the building not less than 24 hours notice of any work involving the use of percussion tools;
(viii) Comply with any reasonable requirement of the Owners Corporation concerning the means of entering and leaving the building for tradesmen, building materials, tools and debris, and with the terms of any approval given by the Owners Corporation; and
(ix) Carry out the works between 7.30 am and 4.00 pm on Monday to Friday (inclusive), excluding public holidays.
Any additional works undertaken under paragraph (v) above shall form part of the works for the purpose of this by-law.
4. The owner must complete the works within eight weeks of commencement.
5. The owner may not vary the works except in accordance with the written approval of the Owners Corporation and the local Council.
After the Works
6. After completion of the works, the owner must provide the Owners Corporation with a copy of any requisite compliance certificate for the works under Part 4A of the Environmental Planning & Assessment Act 1979; and
Maintenance
7. Subject to any amendment of the by-laws from time to time and to any resolution of the Owners Corporation under Section 106(3) of the Strata Schemes Management Act 2015, the Owners Corporation shall continue to be responsible for the proper maintenance and keeping in a state of good and serviceable repair of the common property.
8. The owner must maintain the improvements installed in the course of the works (including any motor, fixtures and fittings) in a state of good and serviceable repair, and must renew or replace them whenever necessary.
Damage
9. The owner must repair promptly any damage caused or contributed to by the works, including damage to the property of the Owners Corporation and the property of the owner or occupier of another lot in the strata scheme.
Indemnity
10. The owner must indemnify the Owners Corporation against any liability or expense arising out of the works, including any liability under Section 122(6) of the Strata Schemes Management Act 2015 for damage to the improvements installed in the course of the works.
Insurance
11. The owner must apply the proceeds of a claim in respect of insurance referred to in Condition 1(iii) to the repair or completion of the works, or to reimbursement for their prior repair or completion.
12. The Owners Corporation at its option may make and conduct any claim against an insurer in respect of insurance referred to in Condition 1(iii) or 1 (iv).
13. The owner appoints the Owners Corporation its attorney for the purposes of Conditions 11 and 12, and at the request of the Owners Corporation will do any act required to give effect to this authority.
Costs
14. The Owners Corporation must meet all reasonable expenses of the Owners Corporation incurred in the preparation, making and registration of this by-law.
The owner must meet all reasonable expenses of the Owners Corporation incurred in relation to the enforcement of the by-law, including but not limited to all reasonable expenses of the Owners Corporation incurred in relation to any breach of the by-law by the owner.
SPECIAL BY-LAW NO. 4
Window Safety Devices
1. For the purposes of this by-law:
1.1. “Act” means the Strata Schemes Management Act 2015 as amended from time to time;
1.2. “Building” means the building and improvements on the land located at Dakota Apartments, 62 Booth Street, ANNANDALE NSW 2038.
1.3. “Common Property” means the Common Property in the Strata Plan;
1.4. “Costs” means all professional and trade costs/fees/disbursements;
1.5. “Direction” means a written direction from the Owners Corporation to the Owner relating to Remedial Works;
1.6. “Indemnify” means the Owner indemnifying the Owners Corporation in respect of the Remedial Works or anything arising from the Remedial Works, including, but not limited to the following:
1.6.1. all actions, proceedings, claims, demands, costs, damages and expenses which may be incurred by, brought or made against the Owners Corporation;
1.6.2. any sum payable by way of increased premiums; and
1.6.3. any costs or damages for which the Owners Corporation is or becomes liable;
1.7. “Lot” means a lot in the Strata Plan used for residential purposes;
1.8. “Occupier” means the legal occupier(s) of a Lot;
1.9. “Owner” means the owner(s) of the Lot from time to time;
1.10. “Owners Corporation” means the owners corporation known as The Owners – Strata Plan No. 56009, and where the context permits, includes its agents, contractors or employees;
1.11. “Penalty” means the penalty or fine under section 118 of the Act;
1.12. “Remedial Works” means repair, maintenance, removal or replacement of the Window Safety Device and any other items installed as part of the Works, and/or Common Property affected by the Works;
1.13. “Residential Tenancy Agreement” means an agreement under which an Owner or Occupier leases, sublets or licenses a Lot on a commercial basis for a period of greater than 3 consecutive months;
1.14. “Strata Plan” means registered strata plan number 56009;
1.15. “Window” means the following:
1.15.1. a Common Property window in a Lot that can be opened; and
1.15.2. the lowest level of the window opening is less than 1.7m above the surface of any internal floor of the Lot; and
1.15.3. that internal floor is 2m or more above the external surface of the ground below the window.
[An illustration of this definition is attached to this by-law and marked with the letter ‘A’]
1.16. “Window Safety Device” means a device meeting the following description that is capable of resisting an outward horizontal action of 250 newtons (or 25.5 kilogram-force):
1.16.1. a child safety device that limits the maximum Window opening to 12.5cm or bars or grills that have gaps no bigger than 12.5cm; and
1.16.2. the device is robust and childproof; and
1.16.3. excludes ordinary flyscreens.
1.17. “Works” means the installation or affixing of a Window Safety Device on a Window in accordance with the Office of Fair Trading Window Safety Device Requirements Fact Sheet attached to this by-law and marked with the letter ‘B’.
2. Where any terms in this by-law are not defined, they will have the same meaning those words are attributed under the Act.
3. If this by-law empowers the Owners Corporation to take action, it may or may not take such action in its reasonable discretion.
Works
4. The Owners Corporation is responsible for carrying out the Works at a Lot and will pay the Costs of carrying out the Works.
5. An Owner and/or Occupier of a Lot must grant the Owners Corporation access to the Lot for the purpose of carrying out the Works, or determining if the Works or Works are required to be carried out at a Lot.
6. In the event the Owner or Occupier has agreed with the Owners Corporation on a day and time for access, and the Owners Corporation cannot gain access to the Lot on that agreed day and time due to any action or inaction of the Owner or Occupier, the relevant Owner or Occupier is responsible for any Costs incurred by the Owners Corporation for re-arranging the access.
7. Upon completion of the Works at a Lot, the Owner or Occupier of that Lot must sign a written acknowledgement form provided by the Owners Corporation for the purpose of confirming that Works have been carried out at the Lot.
8. Prior to providing the written acknowledgement form as referred to in clause 7 above, the Owners Corporation may request an Occupier to provide a copy of their Residential Tenancy Agreement and proof of identity, such as a driver’s licence or passport, as evidence that they are the tenant(s) identified in the Residential Tenancy Agreement.
Remedial Works
9. The Owner is responsible for and must carry out Remedial Works when and where necessary, including by Direction.
10. The Remedial Works must be carried out and completed:
10.1. in a proper workmanlike manner and by licensed and/or accredited contractors;
10.2. with due skill and care using proper materials;
10.3. in compliance with the Building Code of Australia, any other Australian Standards, as applicable;
10.4. in keeping with the appearance of the Building in its style, colour, materials and overall design;
10.5. in a way so as to not unreasonably interfere with the enjoyment of other Common Property areas or access to lots in the strata scheme by other persons by building materials, tools, machines, debris or motor vehicles;
10.6. in a way which minimises the disturbance to other Owners including but not limited to vibration, noise, dust and dirt;
10.7. in compliance with all local council consents and requirements (if any);
10.8. ensuring that the security of the Building is maintained throughout the performance of the Remedial Works;
10.9. promptly and completely removing all rubbish from the Building resulting from the Remedial Works;
10.10. keeping all areas of the Building as clean and tidy as possible;
10.11. promptly repairing any damage to any part of the Building caused by the Remedial Works;
10.12. in compliance with all reasonable requirements of the Owners Corporation, including any requirements relating to access and egress of tradespersons, building materials, tools and debris; and
10.13. in a way that will protect all areas of the Building outside the Lot from any damage caused by the Remedial Works, for example by the transportation of construction materials, equipment and debris.
11. The Owner is responsible for the Cost of Remedial Works.
Damage and Direction
12. In the event lot(s) or Common Property is/are damaged because of the Remedial Works, the Owner will pay the Costs of rectifying the damage.
13. The Owners Corporation reserves the right to direct the Owner to remove, repair or replace any items installed as a part of the Remedial Works in the event they do not comply with the requirements of this by-law.
14. If the Owner fails to comply with Clause 13 above within 2 months of a Direction to the Owner, then the Owners Corporation may:
14.1. enter upon any part of the Lot to carry out the work;
14.2. carry out all work necessary to perform that obligation; and
14.3. recover from the Owner any Costs relating to their carrying out of that work, including charging those Costs to the Owner’s lot account as if those Costs were a contribution under the Act.
Costs
15. Subject to clause 4, the Owner is responsible for, and will bear all Costs.
16. Where the Owners Corporation has incurred Costs on behalf of an Owner (including Costs referred to in clause 6), the Owners Corporation may recover those Costs from the Owner, including charging those Costs to the Owner’s lot account as if they were a contribution under the Act, with all the same rights of recovery to apply.
17. If the Owners Corporation receives a Penalty, the Owner of the Lot to which the Penalty relates is responsible for the Penalty in full and any Costs associated with the Penalty.
18. In the event the Owner responsible for the Penalty does not reimburse the Penalty and Costs to the Owners Corporation within 28 days of receiving written notice of the charges from the Owners Corporation, the Owners Corporation may charge the amount to the Owner’s lot account, as if it were a contribution under Act, with all associated rights of recovery under the Act.
General obligations
19. Owners and Occupiers will sign all documents and do all things necessary to facilitate the matters the subject of this by-law.
20. Owners and Occupiers will not claim upon the Owners Corporation’s insurance in respect of anything arising out of the Remedial Works.
21. The Owner will Indemnify and will keep indemnified the Owners Corporation.
SPECIAL BY-LAW NO. 5
Authorisation of Building Works in Lot 6
1. Grant of Special Privilege and Exclusive Use Right
On the conditions set out in this by-law the owner for the time being (referred to in this by-law as the “Owner”) of Lot 6 (the "Lot") shall have a special privilege in respect of the common property to carry out building works to refurbish the Lot and a right of exclusive use and enjoyment of that part of the common property affected by the building and refurbishment works incorporating:
(a) Renovation of kitchen including;
(i) removal of existing fittings and fixtures including benchtops, cabinetry, sink and appliances and installation of new fittings and fixtures including benchtops, cabinetry, sink and appliances;
(ii) extension of the floor area of the kitchen into the Lot by approximately 750mm;
(iii) removal of existing waste pipe which services the kitchen and installation of new waste pipe to service the kitchen approximately 750mm from existing location and connection of new waste pipe to common property waste pipe located below the roof of the car park beneath the Lot;
(iv) installation of new waste pipe to include drilling through the common property floor slab of the Lot through to the roof of the carpark;
as depicted on the drawing attached to and forming part of this by-law at Annexure A (“Plans”).
2. Definitions
For the purposes of this by-law:
"Council" means Inner West Council;
"Utility Services" means any service associated with plumbing, electrical, gas or telecommunications services (including cable television) which are effectively as reconfigured following the passage of this by-law;
"Works" means and includes all of the building works described in clause 1 and all works incidental thereto.
Where any word or phrase has a defined meaning in or for the purposes of the Strata Schemes Management Act 2015, that word or phrase has the same meaning in this by-law.
3. Conditions
3.1 Prior to Undertaking Works
Prior to undertaking the Works the Owner must obtain and provide to the Owners Corporation:
(a) any required approval of Council for the performance of the Works;
(b) certificate of currency of the insurance policy or policies of the contractor carrying out the Works which is effected with a reputable insurance company reasonably satisfactory to the Owners Corporation for:
i. contractor's all risk insurance incorporating public liability insurance in an amount of not less than $10,000,000;
ii. any insurance required in respect of the Works under section 92 of the Home Building Act 1989; and
iii. workers’ compensation in accordance with applicable legislation;
(c) if required by the strata committee, the opinion of a structural engineer (reasonably acceptable to the strata committee) to the effect that if the Works are carried out in a good and workmanlike manner substantially in accordance with the Plans, the Works will not adversely affect the structural integrity of the building or any part thereof.
3.2 Performance of Works
In carrying out the Works, the Owner (including any contractor involved in the performance of the Works on behalf of the Owner) must:
(a) ensure that the Works are carried out in a good and workmanlike manner by licensed contractors in compliance with relevant provisions of the Building Code of Australia and relevant Australian standards and in such a way as to minimise disruption or inconvenience to any owner or occupier of any other lot in the strata scheme;
(b) carry out the Works substantially in accordance with the Plans and, if Council approval was required, as approved by Council;
(c) not materially amend or vary the Plans without the approval in writing of the Owners Corporation and, if required, Council;
(d) take reasonable precautions to protect all areas of the building outside the Lot from damage by the Works.
(e) transport all construction materials, equipment, debris and other material associated with the Works over common property in the manner reasonably directed by the Owners Corporation;
(f) keep all areas of the building outside the Lot clean and tidy throughout the performance of the Works, ensure that, so far as is reasonably practicable, the Works are performed wholly within the Lot and remove all debris from the building resulting from the Works as soon as practicable;
(g) only perform the Works at the times approved by the Owners Corporation (acting reasonably);
(h) ensure that the Works do not interfere with or damage the common property, the property of any other lot owner or any Utility Service otherwise than as approved in this by-law;
(i) make good any damage caused by the Owner in the performance of the Works within a reasonable period after that damage occurs;
(j) subject to any extension of time required by reason of any supervening event or circumstance beyond the reasonable control of the Owner, complete the Works within two months of their commencement.
3.3 Completion of Works
If the approval of Council is required to carry out the Works, on completion of the Works the Owner must provide to the Owners Corporation the certificate required by the Council that the Works comply with the conditions of any Council approval.
4. Liability and Indemnity
(a) The Owner is liable for any damage caused to any part of the common property, not included in clause 1 of this by-law, as a result of the performance of the Works and must take all such steps as are necessary to make good that damage within a reasonable time after it has occurred.
(b) The Owner must indemnify the Owners Corporation against any loss or damage, cost, charge or expense incurred or sustained by the Owners Corporation as a result of or arising out of the Works or the performance thereof, including without limitation any liability under section 122(6) of the Strata Schemes Management Act 2015 in respect of any property of the Owner.
5. Other Rights and Obligations
The Owner must, at the cost of the Owner, maintain the alterations and additions installed in the course of the Works and the common property affected by the Works (including but not limited to the fixtures and fittings installed as part of the Works) in a state of good and serviceable repair and must renew or replace them whenever necessary.
6. Costs
(a) The Works must be undertaken at the cost of the Owner.
(b) The Owner must pay the reasonable costs of the Owners Corporation in preparing, making, registering, implementing and enforcing this by-law.
7. Right to Remedy Default
If the Owner fails to comply with any obligation under this by-law, then the Owners Corporation may:
(a) carry out all work necessary to perform that obligation;
(b) enter upon any part of the Lot to carry out that work;
(c) recover the costs of carrying out that work from the Owner,
and the Owner shall indemnify the Owners Corporation against any legal action or liability flowing from the action of the Owners Corporation pursuant to this clause.
Annexure A
SPECIAL BY-LAW NO. 6
Authorisation of Building Works in Lot 4
1. Grant of Special Privilege and Exclusive Use Right
On the conditions set out in this by-law the owner for the time being (referred to in this by-law as the “Owner”) of Lot 4 (the "Lot") shall have a special privilege in respect of the common property to carry out building works to refurbish the Lot and a right of exclusive use and enjoyment of that part of the common property affected by the building and refurbishment works incorporating:
(a) Renovation of kitchen including;
(i) removal of existing fittings and fixtures including benchtops, cabinetry, sink and appliances and installation of new fittings and fixtures including benchtops, cabinetry, sink and appliances;
(ii) extension of the floor area of the kitchen into the Lot by approximately 750mm;
(iii) removal of existing waste pipe which services the kitchen and installation of new waste pipe to service the kitchen approximately 750mm from existing location and connection of new waste pipe to common property waste pipe located below the roof of the car park beneath the Lot;
(iv) installation of new waste pipe to include drilling through the common property floor slab of the Lot through to the roof of the carpark.
all as depicted on the drawings attached to an forming part of this by-law at Annexure A (“Plans”).
2. Definitions
For the purposes of this by-law:
"Council" means Inner West Council;
"Utility Services" means any service associated with plumbing, electrical, gas or telecommunications services (including cable television) which are effectively as reconfigured following the passage of this by-law;
"Works" means and includes all of the building works described in clause 1 and all works incidental thereto.
Where any word or phrase has a defined meaning in or for the purposes of the Strata Schemes Management Act 2015, that word or phrase has the same meaning in this by-law.
3. Conditions
3.4 Prior to Undertaking Works
Prior to undertaking the Works the Owner must obtain and provide to the Owners Corporation:
(d) any required approval of Council for the performance of the Works;
(e) certificate of currency of the insurance policy or policies of the contractor carrying out the Works which is effected with a reputable insurance company reasonably satisfactory to the Owners Corporation for:
i. contractor's all risk insurance incorporating public liability insurance in an amount of not less than $10,000,000;
ii. any insurance required in respect of the Works under section 92 of the Home Building Act 1989; and
iii. workers’ compensation in accordance with applicable legislation;
(f) if required by the strata committee, the opinion of a structural engineer (reasonably acceptable to the strata committee) to the effect that if the Works are carried out in a good and workmanlike manner substantially in accordance with the Plans, the Works will not adversely affect the structural integrity of the building or any part thereof.
3.5 Performance of Works
In carrying out the Works, the Owner (including any contractor involved in the performance of the Works on behalf of the Owner) must:
(k) ensure that the Works are carried out in a good and workmanlike manner by licensed contractors in compliance with relevant provisions of the Building Code of Australia and relevant Australian standards and in such a way as to minimise disruption or inconvenience to any owner or occupier of any other lot in the strata scheme;
(l) carry out the Works substantially in accordance with the Plans and, if Council approval was required, as approved by Council;
(m) not materially amend or vary the Plans without the approval in writing of the Owners Corporation and, if required, Council;
(n) take reasonable precautions to protect all areas of the building outside the Lot from damage by the Works.
(o) transport all construction materials, equipment, debris and other material associated with the Works over common property in the manner reasonably directed by the Owners Corporation;
(p) keep all areas of the building outside the Lot clean and tidy throughout the performance of the Works, ensure that, so far as is reasonably practicable, the Works are performed wholly within the Lot and remove all debris from the building resulting from the Works as soon as practicable;
(q) only perform the Works at the times approved by the Owners Corporation (acting reasonably);
(r) ensure that the Works do not interfere with or damage the common property, the property of any other lot owner or any Utility Service otherwise than as approved in this by-law;
(s) make good any damage caused by the Owner in the performance of the Works within a reasonable period after that damage occurs;
(t) subject to any extension of time required by reason of any supervening event or circumstance beyond the reasonable control of the Owner, complete the Works within two months of their commencement.
3.6 Completion of Works
If the approval of Council is required to carry out the Works, on completion of the Works the Owner must provide to the Owners Corporation the certificate required by the Council that the Works comply with the conditions of any Council approval.
4. Liability and Indemnity
(a) The Owner is liable for any damage caused to any part of the common property, not included in the Plans of this by-law, as a result of the performance of the Works and must take all such steps as are necessary to make good that damage within a reasonable time after it has occurred.
(b) The Owner must indemnify the Owners Corporation against any loss or damage, cost, charge or expense incurred or sustained by the Owners Corporation as a result of or arising out of the Works or the performance thereof, including without limitation any liability under section 122(6) of the Strata Schemes Management Act 2015 in respect of any property of the Owner.
5. Other Rights and Obligations
The Owner must, at the cost of the Owner, maintain the alterations and additions installed in the course of the Works and the common property affected by the Works (including but not limited to the fixtures and fittings installed as part of the Works) in a state of good and serviceable repair and must renew or replace them whenever necessary.
6. Costs
(c) The Works must be undertaken at the cost of the Owner.
(d) The Owner must pay the reasonable costs of the Owners Corporation in preparing, making, registering, implementing and enforcing this by-law.
7. Right to Remedy Default
If the Owner fails to comply with any obligation under this by-law, then the Owners Corporation may:
(d) carry out all work necessary to perform that obligation;
(e) enter upon any part of the Lot to carry out that work;
(f) recover the costs of carrying out that work from the Owner,
and the Owner shall indemnify the Owners Corporation against any legal action or liability flowing from the action of the Owners Corporation pursuant to this clause.
Annexure A
Special By-law No. 7 – Authorising Building Works in Lot 50
1. DEFINITIONS
(a) In this by-law, the following terms are defined to mean:
"Council" means Inner West Council;
“Owner” means each of the owners for the time being of lot 50.
“Works” means the alteration and additions (including all ancillary structures) undertaken by the Owner to replace their existing glass windows with bi-fold windows in accordance with the plans attached hereto in Annexure A.
(b) Where any terms used in this by-law are defined in the Strata Schemes Management Act 2015, they will have the same meaning as those words are attributed under that Act.
2. RIGHTS
Subject to the conditions in paragraph 3 of this by-law, the Owners will have:
(a) a special privilege in respect of the common property to perform the Works and to erect and keep the Works to and on the common property; and
(b) the exclusive use of those parts of the common property occupied by the Works.
3. CONDITIONS
Maintenance
(a) The Owners must properly maintain and keep the common property to which the Works are erected or attached in a state of good and serviceable repair.
(b) The Owners must properly maintain and keep the Works in a state of good and serviceable repair and must replace the Works as required from time to time.
Documentation
(c) Before commencing the Works the Owners must submit to the owners corporation the following documents relating to the Works:
(i) plans and drawings;
(ii) specifications; and
(iii) any other document reasonably required by the owners corporation.
Approvals
(d) Before commencing the Works the Owners must obtain approval for the performance of the Works from:
(i) the relevant consent authority under the Environmental Planning and Assessment Act 1979 (if required), and
(ii) any other relevant statutory authority who requirements apply to the Works (if required).
Insurance
(e) Before commencing the Works the Owners must effect the following insurances in the joint names of the Owners and the owners corporation:
(i) contractors all works insurance;
(ii) insurance required under the Home Building Act 1989 (if applicable);
(iii) workers compensation insurance; and
(iv) public liability insurance in the amount of $20,000,000.00
Performance of Works
(f) In performing the Works, the Owners must:
(i) transport all construction materials, equipment, debris and other material, in the manner reasonably directed by the owners corporation;
(ii) protect areas of the strata schemes outside their lot from damage by the Works or by the transportation of construction materials, equipment & debris, in the manner reasonably acceptable by the owners corporation;
(iii) keep all areas of the building outside their lot clean and tidy throughout the performance of the Works;
(iv) only perform the Works at the times approved by the owners corporation;
(v) not create noise that causes discomfort, disturbance or interference with activities of any other occupier of the building;
(vi) remove all debris resulting from the Works immediately from the building; and
(vii) comply with the requirements of the owners corporation to comply with any by-laws and any relevant statutory authority concerning performance of the Works.
Completion of the Works
(g) If the approval is required to carry out the Works, on completion of the Works the Owner must provide the owners corporation the certificate of the Council or private certifying authority that the Works comply with the conditions of any approval given by the Council.
Existing Works
(h) If any of the Works described in clause 1(a) of this by-law have already been installed or effected by the Owner then as at the date of the adoption of this by-law the Owners shall, pursuant to section 142 and 143 of the Strata Schemes Management Act 2015, have a special privilege to keep and maintain the Works and a right of exclusive use and enjoyment of that part of the common property affected by the Works, subject to:
(i) providing the strata committee with the written consent of the Owner to this by-law; and
(ii) in particular, to complying with and being bound by clauses (g) to (n) of this by-law.
Liability
(i) The Owners will be liable for any damage caused to any part of the common property as a result of the erection or attachment of the Works to the common property and will make good that damage immediately after it has occurred.
Indemnity
(j) The Owners must indemnify the owners corporation against any loss or damage the owners corporation suffers as a result of the performance, maintenance or replacement of the Works on the common property including liability under section 122(6) in respect of any property of the Owner.
(k) The Works shall be done:
(i) in a proper and workmanlike manner and by duly licensed contractors; and
(ii) in accordance with the drawing and specifications (if any) approved by Council and owners corporation.
Statutory Declaration
(l) In performing the Works the Owners must comply with all directions, orders and requirements of all relevant statutory authorities and shall ensure and be responsible for compliance with such directions, orders and requirements by the owners servants, agents and contractors.
Hours
(m) The Owners must ensure that the bi-fold windows that are the subject of the Works are closed between the hours of 9:00pm and 7:00am each day.
Right to Remedy Default
(n) If the Owner fails to comply with any obligation under this by-law, then the owners corporation may:
(i) carry out all works necessary to perform that obligation;
(ii) enter upon any part of the lot to carry out that works;
(iii) recover the costs of carrying out that work from the Owner;
and the Owner shall indemnify the owners corporation against any legal action or liability flowing from the action of the owners corporation pursuant to this clause.
Special By-law No. 8 – Visitors Parking
An owner or occupier of a lot must not park or stand any motor or other vehicle on the common property, including, without limitation, any car spaces set aside as visitor parking.
An owner or occupier of a retail lot in the strata plan (being lots 13, 50 and 51 in Strata Plan No. 56009) must not, and must ensure their customers do not, park or stand any motor or other vehicle on the common property, including, without limitation, any car spaces set aside as visitor parking.
An owner or occupier of a lot must not permit any visitor to their lot to park or stand any motor or other vehicle on the common property other than in the car spaces marked as visitor parking.
A visitor may not park or stand any motor or other vehicle in the visitor parking area for more than three days and/or nights in any week unless otherwise authorised in writing by the strata committee.
Permission to park or stand a vehicle in the visitor parking area for a period longer than that specified in this by-law can be sent through the strata managing agent to be authorised in writing by the strata committee.
If the strata committee authorises a visitor to stand a vehicle in the visitor parking area for a period longer than that specified in this by-law, the strata committee, or the strata managing agent on behalf of the strata committee, must issue a written permit to the visitor and the visitor must ensure that the written permit is prominently displayed on the dashboard of the vehicle at all times when the vehicle is parked in the visitor parking area.
Every owner and occupier of a lot must comply, and ensure that visitors to their lots comply, in all respects with this by-law.
Special By-law No. 9 – Use of Car Spaces & Storage Facilities
Definitions
For the purposes of this by-law:
(a) “Car Space” means the designated car parking space on the Strata Plan forming part of a lot.
(b) “Occupier” means a person in lawful occupation of the lot in the Strata Plan.
(c) “Owner” means each owner for the time being of a lot in the Strata Plan.
(d) “Strata Committee” means the strata committee of the owners corporation.
(e) “Motor Vehicle” means any motor or other vehicle including a motor cycle but excluding boats, jet skis or the like, trailers and caravans.
(f) “Storage Facility” means a storage box, a storage cage, an over bonnet storage system, or a bicycle storage rack located within a Car Space and serving that lot as approved by the Strata Committee acting reasonably.
(g) “Strata Plan” means Strata Plan No. 56009.
Where any word or phrase has a defined meaning in or for the purposes of the Strata Schemes Management Act 2015 (NSW), or any amending or repealing legislation, that word or phrase has the same meaning in this by-law.
Keeping of items in Car Space and Storage Facility
An Owner or Occupier must only use a Car Space for the purpose of standing a Motor Vehicle, bicycle (with or without a bike rack), storing a stroller or pram and for keeping of items in a Storage Facility as authorised by this by-law.
On the conditions set out in this by-law, each Owner shall have a special privilege of erecting a Storage Facility within their Car Space and to affix the Storage Facility to common property floors and walls and a right of exclusive use of the common property affected by the attachment of the Storage Facility.
Prior to installing a Storage Facility, each Owner must supply the Strata Committee with the specifications of the Storage Facility (including size, colour, manufacturer) and obtain the written approval of the Strata Committee (acting reasonably) for the installation of the Storage Facility. The Strata Committee will consider the suitability of the specific lot for the requested Storage Facility and the appearance and installation of the Storage Facility including the location and method of attachment to the common property. For clarity, the Strata Committee must refuse to approve a proposed Storage Facility if when installed it would mean that the Car Space for a lot would not be able to be used for parking a Motor Vehicle.
If an Owner or Occupier wishes to store any item that is not a Motor Vehicle, a bicycle, stroller or pram in the Car Space forming part of that Owner’s or Occupier’s lot, the Owner or Occupier may do so only if the Owner or Occupier first installs a Storage Facility in that Car Space and not otherwise.
Any item stored in a Car Space forming part of a lot must be wholly contained within the Storage Facility installed in the Car Space.
The installation and keeping of a Storage Facility in a Car Space is at the sole cost and liability of the Owner or Occupier of the lot of which the Car Space forms part and the Owner of that Car Space must repair, maintain, renew or replace the Storage Facility whenever it becomes dilapidated, damaged or unusable, as applicable. The Owner must maintain the common property affected by the installation of the Storage Facility in a state of good and serviceable repair and must renew or replace whenever necessary.
Any item stored, left or kept in a Car Space, whether or not in an Storage Facility, is left, stored or kept in that Car Space at the sole risk of the Owner or Occupier of the lot of which the Car Space forms part and the owners corporation has no liability or responsibility to any Owner or Occupier in respect of the safety, security or keeping of any such item.
The Owner is liable for any damage caused to any part of the common property resulting from the installation of the Storage Facility and must take all such steps as are necessary to make good that damage within a reasonable time after it has occurred.
The Owner must indemnify the Owners Corporation against any loss or damage, cost, charge or expense incurred or sustained by the Owners Corporation as a result of or arising out of the installation of the Storage Facility including without limitation any liability under section 122(6) of the Strata Schemes Management Act 2015 in respect of any property of the Owner.
If at any time an Owner or Occupier stores items in the Car Space forming part of that Owner’s or Occupier’s lot otherwise than as permitted in this by-law, the Strata Committee (acting reasonably) may by resolution determine that those items must be removed from the Car Space and give to the Owner or Occupier of the lot a written notice requiring their removal.
13. If the Strata Committee gives an Owner or Occupier a notice requiring the removal of items from the Car Space forming part of that Owner’s or Occupier’s lot, the Owner or Occupier, as applicable, must comply with that notice and remove those items from the Car Space within 14 days of the notice being served on the Owner or Occupier.
Removal of Hazardous Items from Car Space
14. If the Strata Committee gives a notice to an Owner or Occupier to remove items from the Car Space forming part of that Owner’s or Occupier’s lot the storage of which items in the opinion of the Strata Committee, reasonably held, constitutes a hazard or fire risk, and the Owner or Occupier fails to remove all of those items from the Car Space within 14 days after the notice to remove is served on the Owner or Occupier, the Strata Committee may remove, or procure the removal of, those items, but only those items, from the Car Space and dispose of them in such manner as the strata committee deems fit.
15. The owners corporation indemnifies the Strata Committee and any and all servants, agents or contractors employed by the owners corporation to remove items from a Car Space in accordance with this by-law against any loss or damage sustained by any of them as a result of the removal of items from that Car Space and/or disposal of those items or any of them in accordance with this by-law.
Right to Remedy Default
16. If the Owner fails to comply with any obligation under this by-law, then the Owners Corporation may:
(a) carry out all work necessary to perform that obligation;
(b) enter upon any part of the lot to carry out that work;
(c) recover the costs of carrying out that work from the Owner,
and the Owner shall indemnify the Owners Corporation against any legal action or liability flowing from the action of the Owners Corporation pursuant to this clause.
Special By-law No. 10 – Minor Renovations
Rights
On the conditions set out in this by-law and with the prior written approval of the strata committee each Owner has the authority to carry out Minor Renovations to the common property in connection with the Owner’s lot and, once installed, to maintain the approved Minor Renovations.
The owners corporation delegates its power to approve Minor Renovations to the strata committee as constituted from time to time subject to section 36(2) of the Act.
The strata committee, when considering an Owner’s proposal to conduct Minor Renovations may impose conditions on any approval and must not unreasonably withhold their approval.
Definitions
In this by-law, the following terms are defined to mean:
“Act” means the Strata Schemes Management Act 2015 (NSW);
“Building” means the building located at 62 Booth Street, Annandale;
“Minor Renovations” includes work for the purposes of the following:
i. renovating a kitchen,
ii. changing recessed light fittings,
iii. installing or replacing wood or other hard floors,
iv. installing or replacing wiring or cabling or power or access points,
v. work involving reconfiguring walls,
vi. removing carpet or other soft floor coverings to expose underlying wooden or other hard floors,
vii. installing a clothesline,
viii. installing a reverse cycle split system air conditioner,
ix. installing double or triple glazed windows,
x. installing a heat pump,
xi. installing ceiling insulation.
but does not include works set out in section 110(7) of the Act which are:
xii. work that consists of cosmetic work for the purpose of section 109 of the Act,
xiii. work involving structural changes,
xiv. work that changes the external appearance of a lot, including the installation of an external access ramp,
xv. work involving waterproofing,
xvi. work for which consent or another approval is required under any other Act,
xvii. work that is authorised by a by-law made under Part 6 of the Act or a common property rights by-law, and
xviii. any other work prescribed by the regulations for the purposes of section 110(7) of the Act.
“Owner” means an owner of a lot from time to time in the strata scheme;
“Regulations” means the Strata Schemes Management Regulations 2016 (NSW)
Where any terms used in this by-law are defined in the Act, they will have the same meaning as those words are attributed under the Act.
Words importing:
a. the singular include the plural and vice versa; and
b. a gender includes any gender.
A reference to a statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws varying, consolidating or replacing them, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute.
Prior to Conducting the Minor Renovations
An Owner must make an application to the owners corporation for its approval to conduct the Minor Renovations by giving written notice of their proposed works to the owners corporation with the notice to include:
details of the work, including copies of any plans,
the expected duration and times of the works,
details of the persons carrying out the work including that person’s qualifications to carry out the work, and
arrangements to manage any resulting rubbish or debris.
Prior to conducting the Minor Renovations, the Owner and/or the tradesperson appointed by the Owner to carry out the Works must effect, and provide the owners corporation with certificates of, the following insurances:
contractor’s all risk insurance (where applicable);
workers compensation insurance (where applicable);
home owners warranty Insurance (where applicable); and
public liability insurance in the amount of $10,000,000 including for and in respect of equipment located and/or utilised on common property in execution of the Minor Renovations.
Performance of the Works
In carrying out or maintaining the Minor Renovations the Owner must:
ensure that the works are completed in a competent and proper manner and in accordance with the Building Code of Australia and relevant Australian Standards;
transport each item including but not limited to construction materials, equipment and debris in the manner reasonably directed by the owners corporation;
protect all areas of the Building both internal and external to the lot in a manner reasonably acceptable to the owners corporation;
keep all areas of the common property outside the lot clean and tidy;
only perform Minor Renovations at times approved by the owners corporation;
not create noise which causes discomfort, disturbance, obstruction or interference with the activities of any other occupier of the Building;
immediately remove all debris or waste resulting from the Minor Renovations from the Building and the common property;
not vary or replace the Minor Renovations, as agreed to by the strata committee, without the prior written approval of the strata committee; and
ensure that the Minor Renovations do not interfere with or damage the common property, or any lot or property of any other lot owner or occupier (other than as approved in by the strata committee) and if this happens the Owner must rectify that interference or damage within a reasonable period of time.
Maintenance of the Minor Renovations
The Owner must properly maintain and keep the Minor Renovations and the common property to which they are attached in a state of good and serviceable repair.
Installation of Air-Conditioning
The Owner is responsible for, and must bear and pay all the costs of, the proper maintenance of the air conditioning and must keep the air conditioning in a state of good and serviceable repair and must renew or replace the air conditioning whenever it becomes worn out or damaged so that it is no longer capable of being operated at all times within the maximum noise output restrictions in force under the Protection of the Environment Operation Act 1997 and the regulations thereunder.
For the avoidance of doubt, if at any time an air conditioning condenser or internal air dispersal unit installed in a lot generates noise or vibration that is heard or felt beyond the boundary of that lot and the level of that noise or vibration is such that it is likely to interfere with the peaceful enjoyment of an owner or occupier of another lot, the Owner of the lot in which the air conditioner is installed must repair or replace the condenser unit or internal air dispersal unit, as applicable, so that it does not generate noise or vibration beyond the boundary of the lot and, pending that repair or replacement, the owner of the lot must not operate the air conditioner.
Liability and Indemnity
The Owner is liable for any damage caused to any part of the common property, and any lot (including their lot), or other property arising from the Minor Renovations and will make good that damage immediately after it has occurred.
The Owner indemnifies the owners corporation against any legal liability, loss, damage, claim or proceedings that relates to the installation, performance, maintenance, replacement or removal of the Minor Renovations on or from the common property including but not limited to any liability under section 122(6) of the Act in respect of any property of the Owner.
Owner’s Fixtures
The Minor Renovations shall remain the Owner’s fixture.
Cost and Risk of the Works
The Minor Renovations (including their replacement or removal) are undertaken at the cost and risk of the Owner.
Right to Remedy Upon Default
If an Owner fails to comply with any obligation under this by-law, then the owners corporation may:
a. carry out all work necessary to perform that obligation;
b. in accordance with the provisions of the Act enter upon any part of the parcel to carry out that work;
c. recover the costs of carrying out that work from the Owner.
The costs referred to in paragraph 18(c) of this by-law may include any costs incurred by the owners corporation in carrying out any building repair work, security call-out charges, after hours building management or agency fees, administrative and legal costs to issue correspondence or any notices pursuant to this by-law and any other reasonable cost expended by the owners corporation in rectifying any damage occasioned to the common property by the respective Owner or in enforcing the terms of this by-law against the Owner of the lot.
If the costs referred to in paragraph 18(c) of this by-law are not paid at the end of one month after becoming due and payable they shall bear, until paid, simple interest at an annual rate of 10% and the owners corporation may recover as a debt any costs payable by the Owner pursuant to this by-law, not paid at the end of one month after they become due and payable, together with any interest payable and the expenses of the Owners Corporation incurred in recovering those amounts.
Special By-law No. 11 – Approval of Existing Flooring Works (Lot 48) (passed 21 January 2020)
(1) The owners corporation acknowledges and agrees that:
(a) the building works, fixtures and fittings described in columns 2 and 3 of the Schedule to this by-law (the “Works”) opposite the lot specified in column 1 of the Schedule (each of which is referred to in this by-law as a “Lot”) have been installed by or on behalf of the owners of the respective Lots at the time of installation;
(b) the Works have been installed in the Lots for the purpose of improving or enhancing the use or benefit of the Lot for the occupiers thereof; and
(c) on the conditions set out in this by-law, the owner for the time being of the Lot (the "Owner") has had and shall have a special privilege to keep and maintain the Works and a right of exclusive use and enjoyment of that part of the common property affected by the Works.
(2) The Owner is liable and remains liable for any damage caused to any part of the common property as a result of the installation and maintenance of the Works and must take all such steps as are necessary to make good that damage within a reasonable time after it has occurred.
(3) The Owner must, at their cost, maintain the alterations and additions installed in the course of the Works (including but not limited to the fixtures and fittings installed as part of the Works) and the common property directly affected by the installation and keeping of the Works in a state of good and serviceable repair and must renew or replace them whenever necessary as they become worn out, defaced or inoperable.
(4) The Owner must severally indemnify the owners corporation against any loss, damage, cost, charge or expense incurred or sustained by the owners corporation as a result of or arising out of the implementation and keeping of the Works on or adjacent to the Owner’s Lot.
(5) The Works and all maintenance, repairs and /or replacement thereof must be undertaken at the cost of the Owner of the Lot to which the Works relate.
(6) For clarity, all Works are taken to be in keeping with the rest of the building.
(7) The Owner must ensure that any hard surface flooring (ie: flooring other than replacing carpet with carpet) installed as part of the Works are covered and/or treated sufficiently so as to prevent noise transmission from the Lot.
(8) If the Owner fails to comply with any obligation under this by-law in respect of the Works on or adjacent to that Owner’s Lot, then the owners corporation may:
(a) carry out all work necessary to perform that obligation;
(b) enter upon any part of the Lot to carry out that work;
(c) recover the costs of carrying out that work from that Owner,
and the Owner shall indemnify the owners corporation against any legal action or liability flowing from the action of the owners corporation pursuant to this clause.
SCHEDULE
COLUMN 1
COLUMN 2
COLUMN 3
LOT NUMBER
WORKS
DESCRIPTION / LOCATION
48
Installation of hard surface flooring
removal of the existing flooring from all areas of the lot except for the bathrooms, bedroom and laundry and installation of new timber and marble flooring to service the lot including screeding of the slab (if required) and attaching to common property slab where required.
Special By-law No. 12 – Authorisation of Building Works in Lot 22 (passed 19 January 2021)
1. Grant of Special Privilege and Exclusive Use Right
On the conditions set out in this by-law the owner for the time being (referred to in this by-law as the “Owner”) of Lot 22 (the "Lot") shall have a special privilege in respect of the common property to carry out building works to refurbish the Lot and to keep such building works and a right of exclusive use and enjoyment of that part of the common property affected by the building and refurbishment works incorporating:
(a) Removal of the existing floor tiles and wall tiles from the bathroom, ensuite and laundry and installation of new floor tiles and wall tiles in the bathroom, ensuite and laundry including screeding of floors (if required) and rendering of walls (if required) and installation of waterproofing to service the bathroom, ensuite and laundry.
(b) Removal of the existing fittings and fixtures from the bathroom, ensuite and laundry and installation of new fittings and fixtures in the bathroom, ensuite and laundry;
(c) Connection to the existing water, waste and electrical services for the bathroom, ensuite and laundry and installation of new lighting and power points and installation of new wiring (if required). For clarity, the layout of the bathroom, ensuite and laundry will not be changed.
(d) Installation of two multi-head air-conditioning units to service the Lot including installation of one condenser on each of the two west facing balconies including attachment to the balcony, installation of pipes, wiring and conduit and installation of air-dispersal units in the internal area of the Lot.
2. Definitions
For the purposes of this by-law:
"Council" means Inner West Council;
"Utility Services" means any service associated with plumbing, electrical, gas or telecommunications services (including cable television) which are effectively as reconfigured following the passage of this by-law;
"Works" means and includes all of the building works described in clause 1 and all works incidental thereto.
Where any word or phrase has a defined meaning in or for the purposes of the Strata Schemes Management Act 2015, that word or phrase has the same meaning in this by-law.
3. Conditions
3.1 Prior to Undertaking Works
Prior to undertaking the Works the Owner must obtain and provide to the Owners Corporation:
(a) any required approval of Council for the performance of the Works;
(b) a certificate of currency of the insurance policy or policies of the contractor carrying out the Works which is effected with a reputable insurance company reasonably satisfactory to the Owners Corporation for:
i. contractor's all risk insurance incorporating public liability insurance in an amount of not less than $20,000,000;
ii. any insurance required in respect of the Works under section 92 of the Home Building Act 1989; and
iii. workers’ compensation in accordance with applicable legislation.
3.2 Performance of Works
In carrying out the Works, the Owner (including any contractor involved in the performance of the Works on behalf of the Owner) must:
(a) ensure that the Works are carried out in a good and workmanlike manner by licensed contractors in compliance with relevant provisions of the Building Code of Australia and relevant Australian standards and in such a way as to minimise disruption or inconvenience to any owner or occupier of any other lot in the strata scheme;
(b) carry out the Works substantially in accordance with the Plans and, if Council approval was required, as approved by Council;
(c) not materially amend or vary the Plans without the approval in writing of the Owners Corporation and, if required, Council;
(d) take reasonable precautions to protect all areas of the building outside the Lot from damage by the Works.
(e) transport all construction materials, equipment, debris and other material associated with the Works over common property in the manner reasonably directed by the Owners Corporation;
(f) keep all areas of the building outside the Lot clean and tidy throughout the performance of the Works;
(g) ensure that, so far as is reasonably practicable, the Works are performed wholly within the Lot;
(h) remove all debris from the building resulting from the Works as soon as practicable and in accordance with the reasonable directions of the Owners Corporation;
(i) only perform the Works at the times approved by the Owners Corporation (acting reasonably);
(j) ensure that the Works do not interfere with or damage the common property, the property of any other lot owner or any Utility Service otherwise than as approved in this by-law;
(k) make good any damage caused by the Owner in the performance of the Works within a reasonable period after that damage occurs;
(l) subject to any extension of time required by reason of any supervening event or circumstance beyond the reasonable control of the Owner, complete the Works within two months of their commencement.
3.3 Completion of Works
(a) The Owner must advise the Owners Corporation when the Works are complete; and
(b) If the approval of Council is required to carry out the Works, on completion of the Works the Owner must provide to the Owners Corporation the certificate required by the Council that the Works comply with the conditions of any Council approval.
4. Liability and Indemnity
(a) The Owner is liable for any damage caused to any part of the common property, not included in clause 1 of this by-law, as a result of the performance of the Works and must take all such steps as are necessary to make good that damage within a reasonable time after it has occurred.
(b) The Owner must indemnify the Owners Corporation against any loss or damage, cost, charge or expense incurred or sustained by the Owners Corporation as a result of or arising out of the Works or the performance thereof, including without limitation any liability under section 122(6) of the Strata Schemes Management Act 2015 in respect of any property of the Owner.
5. Other Rights and Obligations
The Owner must, at their own cost, maintain the alterations and additions installed in the course of the Works and the common property affected by the Works (including but not limited to the fixtures and fittings installed as part of the Works) in a state of good and serviceable repair and must renew or replace them whenever necessary.
6. Costs
(a) The Works must be undertaken at the cost of the Owner.
(b) The Owner must pay the reasonable costs of the Owners Corporation in preparing, making, registering, implementing and enforcing this by-law.
7. Right to Remedy Default
If the Owner fails to comply with any obligation under this by-law and fails to rectify that breach within 14 days (or such other period as may be specified in the notice) of service of a written notice from the Owners Corporation requiring rectification of that breach , then the Owners Corporation may:
(a) carry out all work necessary to perform that obligation;
(b) enter upon any part of the Lot to carry out that work;
(c) recover the costs of carrying out that work from the Owner and the expenses incurred by the Owners Corporation in recovering those costs including legal costs on an indemnity basis;
and the Owner shall indemnify the Owners Corporation against any legal action or liability flowing from the action of the Owners Corporation pursuant to this clause.
Annexure A
Special By-law No. 13 – Regulating use of lots for short term letting (passed 24 May 2021)
1. In this by-law, the following words and phrases have the following meaning:
a. “Act” means the Strata Schemes Management Act 2015 (NSW), the Regulations thereunder and any Act or regulation replacing the same.
b. “Owner” has the same meaning as in the Act.
c. “Occupier” has the same meaning as in the Act.
d. “Short-Term Rental Accommodation Arrangement” means a commercial arrangement for giving a person the right to occupy residential premises for a period of not more than 3 months at any one time, and includes any arrangement prescribed by applicable regulations to be a short-term rental accommodation arrangement, but does not include any arrangement prescribed by applicable regulations not to be a short-term rental accommodation arrangement or an agreement governed by the Residential Tenancies Act 2010 NSW (or any Act replacing the same).
2. An Owner of a lot, or an Occupier of a lot must not use their lot, or permit their lot to be used, for the purposes of a Short-Term Rental Accommodation Arrangement unless the lot is the principal place of residence of an Owner or Occupier.
3. An Owner or Occupier who allows their lot to be used for the purposes of a Short-Term Rental Accommodation Arrangement must:
a. repair damage to common property caused by their use of the lot for such a purpose, and
b. indemnify the Owners Corporation against all claims and liability arising out of the use of their lot for such a purpose.
4. An Owner or Occupier who leases, sub-leases or enters into a Short Term Rental Accommodation Arrangement for a lot or assigns such a lease, sub-lease or arrangement must give the Owners Corporation notice of the lease or assignment in accordance with section 258 of the Act and must give a copy of that notice to the strata manager, and if there is no strata manager, to the Secretary.
5. An Owner or Occupier must not, without the prior approval of the Owners Corporation, erect any wall or structure within the lot for the purpose of, or having the effect of, creating additional rooms within the lot.
6. This by-law is a fundamental term in any lease or licence granting rights of occupation to the lot, whether or not the lease or licence contains a clause having the same effect as this by-law.
7. If a lessee, licensee or other Occupier of a lot commits a breach of this by-law, the Owner must take immediate steps to terminate the lease or licence and the occupation of the lot thereunder.
8. The restrictions in this by-law are for the purpose of protecting the health, safety (including in particular compliance with fire safety regulations), welfare and quiet enjoyment of all Owners and Occupiers and to avoid disproportionate use of, and wear and tear on, the common property, in particular, on corridors, lifts, stairs, stairwells and other access ways.
9. This by-law operates in addition to and not in derogation of any rights, duties or obligations arising under any provision of, or instrument issued under, any of:
a. the Environmental Planning & Assessment Act 1979 and Regulations thereunder or any Act or Regulations replacing the same;
b. the Fair Trading Act 1987 and Regulations thereunder or any Act or Regulations replacing the same;
c. any conditions of any consent given by the local council in connection with the development approval for the development of the site now constituted by the Strata Scheme;
d. the Act; and
e. generally at law.
10. For the avoidance of doubt, if a term of this by-law is 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.
Special By-Law No. 14 - works to Lot 12 in SP 56009
1. Introduction
1.1 This by-law authorises Works to be conducted on the Common Property by the Owner.
1.2 This by-law further grants to the Owner exclusive use of so much of the Works as comprise part of the Common Property so that the Owner may use and enjoy the benefit of the Works on certain terms and conditions.
2. Definitions & Interpretation
2.1 In this by-law:
''Building" means the building situated 62 Booth Street, Annandale NSW
"Common Property" means the common property for the Strata Scheme.
"Council" means Inner West Council
"Development Act" means the Strata Schemes Act 2015.
"Lot' means lot 12 within the Strata Scheme.
"Management Act" means the.Strata Schemes Management Act 2015.
"Owner" means the owner of the Lot for the time being and that owner's successors in title.
"Owners Corporation" means the Owners-Strata Plan No. 56009.
"Strata Committee" means the strata committee of the Owners Corporation.
"Strata Plan” means the Strata Plan No. 56009
"Strata Scheme" means the Strata Scheme relating to Strata Plan 56009.
"Strata Legislation" means the Development Act an the Management Act.
"Works'' means the following works, including all works ancillary and incidental to.
Laundry
(a) Removal and replacement of the floor and wall tiles, taps, sink and modification of plumbing in accordance with the attached plans and scope of works.
Bathroom and Ensuite
(b) Removal and replacement of the floor and wall tiles, fixtures.and fittings, removal and relocation of the non-load bearing northern wall in the ensuite and modification of plumbing and electrical wiring in accordance with the attached plans and scope of works.
Kitchen
(a) Removal and replacement of existing cabinets, bench tops and splashbacks
(b) Reduction in the length of the western nib wall by approximately
(c) Installation of new vented range hood
(d) Modification of existing plumbing and electrical wiring in accordance with the attached plans and scope of works
2.2 In this by-law:
2.2.1 Headings have been inserted for guidance only and do not affect the interpretation of this by-law.
2.2.2 References to any statutory or like provisions include any statutory or like provisions amending, consolidating or replacing the same, and all by-laws, ordinances, proclamations, regulations, rules and other authorities made under them.
2.2.3 Words importing the singular number include the plural and vice versa.
2.2.4 Words importing the masculine, feminine or neuter gender include both of the other two genders.
2.2.5 Where any word or phrase is given a definite meaning any part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning.
2.2.6 Where any decision needs to be made by the Owners Corporation that decision may be made by the Executive Committee unless the decision would constitute a decision on any matter or type of matter that the Owners Corporation has determined in general meeting is to be decided only by the Owners Corporation in general meeting or is a decision which can only be made by the Owners Corporation in general meeting pursuant to the Strata Legislation.
2.2.7 Any expression used in this by-law and which is defined in the Strata Legislation will have the same meaning as that expression has in that legislation unless a contrary intention is expressed in this by-law, and
2.2.8 If there is any inconsistency between this by-law and any other by-law applicable to the Strata Scheme, then the provisions of this by-law will prevail to the extent of that inconsistency.
3.0 Authorisation and Right of Exclusive Use
3.1.1 Authorisation
3.1.2 The Owner is specifically authorised to and has a special privilege to conduct the Works.
3.2 The Grant of Exclusive Use
3.2.1 The Owner will have a right of exclusive use and enjoyment of so much of the Works as comprise part of the Common Property, on the terms and conditions set out in this by law.
3.3 Rights of the Owners Corporation
3.3.1 The right of exclusive use and enjoyment granted to the Owner is subject to the Owners Corporation.being able to obtain access to and the use of any part of that Common Property required for the purposes of fulfilling any obligation which the Owners Corporation may have under the Strata Legislation or any other law.
3.4 Responsibility for Maintenance and Upkeep
3.4.1 The Owner is responsible at all times for the proper maintenance of and.keeping in a state of good and serviceable repair the Works and, when necessary, renewing or replacing any part of the Works.
4.0 Terms & Conditions
4.1 Before Commencement of the Works
4.1.1 Before commencing the Works, the Owner must:
4.1.2 Give the Owners Corporation at least 14 days' notice of the commencement of the Works;
4.1.3 Obtain and provide to the Owners Corporation a copy of a certificate of insurance evidencing contractors all risk insurance policy which is current and which includes public liability cover of not less than $20 million in respect of any claim noting the interests of the Owners Corporation on the policy;
4.1.4 Provide to the Owners Corporation evidence of the licence of the contractor or tradesperson to be appointed by the Owner to carry out the Works; and
4.1.5 Pay for all costs associated with this by-law including the costs of the drafting, passing and registration of this by-law.
4.1.6 If the Owner does not comply with the conditions set out in clause 4.1.1 the Owner must not carry out the Works and, if already commenced, the Works must be stopped immediately.
4.1.7 The Works must not be conducted until this by-law is registered.
4.2 During the Conduct of the Works
4.2.1 During the Works the Owner must:
4.2.1.1 Standard of Workmanship
4.2.1.2 Ensure the Works are carried out in a proper and workmanlike manner by appropriately qualified and licensed tradespersons utilising only first quality materials which are good and suitable for the purpose for which they are used.
4.3.1 Time for Completion of Works
4.3.1.1 Ensure the Works are carried out with due diligence and are completed as soon as practicable from the date of commencement.
4.3.2 Quality of the Works
4.3.2.1 Make certain the Works are in accordance with any specification.
4.3.3 Variation to Works
4.3.3.1 Not vary the Works without obtaining the prior written approval of the Owners Corporation.
4.3.3.2 Debris
4.3.3.3 Ensure that any debris is removed from the Common Property daily and strictly in accordance with the reasonable directions of the Owners Corporation.
4.3.3.4 Storage of Building Materials on Common Property
4.3.3.4.1 Make sure that no building materials are stored on Common Property.
4.3.3.5 Times for Renovations
4.3.3.5.1 Ensure that the Works are only carried out between the hours of 8.00am -5.00pm on Monday - Friday and are not performed on weekends or public holidays
4.3.3.6 Times for Operation of Noisy Equipment
4.3.3.6.1 Make sure that percussion tools and noisy equipment such as jack hammers and tile cutters are only used between 9.00am - 4.30pm Monday - Friday and are not used on weekends or public holidays.
4.3.3.7 Interruption to Services
4.3.3.7.1 Give the occupiers of other lots at least 48 hours' notice of any planned interruption to the services in the Strata Scheme such as water, electricity, television, cable television, or internet access.
4.3.3.8 Costs of Works
4.3.3.8.1 Pay all costs associated with the Works.
4.3.3.9 Comply with All Laws
4.3.3.9.1 Comply with all statutes, by-laws, regulations, rules and other laws for the time being in force and which are applicable to the Works.
4.3.3.10 Comply with Authorities
4.3.3.10.1 Comply with all.directions, orders and requirements of all relevant statutory authorities including Council and shall ensure compliance of such directions, orders and requirements by the Owner's servants, agents and contractors, if applicable.
4.3.3.11 Right of Access
4.3.3.11.1 Give the Owners Corporation's nominated representative(s) access to inspect the Works within 48 hours of any requests from the Owners Corporation.
4.3.3.12 After the Conduct of the Works
4.3.3.12.1 Within 14 days after the Works are complete (or for (c), as soon as practicable), the Owner must:
4.3.3.12.2 Promptly notify the Owners Corporation that the Works are complete.
4.3.3.12.3 Restore all Common Property damaged or affected by the Works as nearly as possible to the state which they were in immediately prior to commencement of the Works, and
4.3.3.12.4 Provide the Owners Corporation's nominated representative(s) access to inspect the Works within 48 hours of any request from the Owners Corporation, in order to ascertain compliance with this by-law (the Owners Corporation's right to inspect the Works will expire once it is reasonably satisfied that the conditions of this by-law have been complied with).
4.3.3.12.5 Provide to the Owners Corporation the certificate required by Council, if any, that the works comply with the conditions of any Council approval.
5.0 Enduring Obligations
5.1 The Owners must:
5.1.1 make good any damage to another lot or the Common Property caused by the Works no matter when such damage may become eviclent,
5.1.2 notify the Owners Corporation that any damage to another lot or the Common Property caused by the Works has been repaired, and
5.1.3 comply with all statutes, by-laws, regulations, rules and other laws for the time being in force and which are applicable to the Works.
6.0 Indemnity
6.1 The Owner indemnifies and keeps indemnified the Owners Corporation against all actions proceedings, claims, demands, costs, damages and expenses which may be incurred by or brought or made against the Owners Corporation arising out of the Works or the altered state or use of the Common Property arising therefrom.
6.2 Access
6.2.1 The Owners Corporation must give the Owner and the Owner's tradespersons reasonable access through the Common Property for the purpose of carrying out the Works and enabling the Owner to comply with·any condition imposed by this by-law.
6.3 Breach of this By-Law
6.3.1 If the Owner breaches any condition of this by-law and fails to rectify that breach within 30 days of service of a written notice·from the Owners Corporation requiring rectification of that breach, then the Owners Corporation may:
6.3.1.1 Rectify any such breach
6.3.1.2 Enter on any part of the Common Property or the Lot, by its agents, employees or contractors for the purposes of ectifying any such breach, and
6.3.1.3 Recover as a debt due from the Owner the costs of the rectification together with the expenses of the Owners Corporation incurred in recovering those costs including legal costs on an indemnity basis.
6.3.2 Nothing in this clause restricts the rights of or the remedies available to the Owners Corporation as a consequence of a breach of this by-law.
Special By-Law No. 15 – Authorisation of Building Works in Lot 21 (passed 7 September 2023)
1. Grant of Special Privilege and Exclusive Use Right
On the conditions set out in this by-law the owner for the time being (referred to in this by-law as the “Owner”) of Lot 21 (the "Lot") shall have a special privilege in respect of the common property to carry out building works to refurbish the Lot and to keep such building works and a right of exclusive use and enjoyment of that part of the common property affected by the building and refurbishment works incorporating:
(a) Works to the main bathroom including:
(i) removal of the existing floor tiles, wall tiles, waterproofing, and all fixtures and fittings (with the bathtub to be deleted);
(ii) relocation of bathtub plumbing into the shower to provide a second shower outlet;
(iii) alteration of water outlets as required to suit new fixtures;
(iv) installation of new thermo mixing valve for hot water;
(v) screeding of floors (if required) and rendering of walls in preparation of new floor tiles and wall tiles;
(vi) frame up nib wall and shower seat;
(vii) installation of new waterproofing, floor tiles, wall tiles (to ceiling height), tiles to shower seat, floor wastes, strip drain, and fixtures and fittings including toilet, shower, shower screen, mirrored cabinet, vanity, sink, tapware (and mixers for taps), and accessories (with towel rail to be relocated to the south wall);
(viii) installation of new heated towel rail;
(ix) installation of underfloor heating;
(x) removal of existing and/or installation of new lighting, switches, power points as required (including new power point for new heated towel rail);
(xi) if possible, replace bathroom door with cavity slider door;
(xii) connection to existing water, waste, and electrical services as required;
(b) Works to the ensuite bathroom including:
(i) removal of the existing floor tiles, wall tiles, waterproofing, and all fixtures and fittings;
(ii) alteration of water outlets as required to suit new fixtures;
(iii) screeding of floors (if required) and rendering of walls (if required) in preparation of new floor tiles and wall tiles;
(iv) frame up nib wall;
(v) installation of new waterproofing, floor tiles, wall tiles (to ceiling height), floor wastes, and fixtures and fittings including toilet, shower, shower screen, shelves, vanity, sink, tapware (and mixers for taps), and accessories;
(vi) installation of new heated towel rail;
(vii) installation of underfloor heating;
(viii) removal of existing and/or installation of new lighting, switches, power points as required (including new power point for new heated towel rail);
(ix) replacement of bathroom door with new door with removable hinges;
(x) connection to existing water, waste, and electrical services as required;
(c) Works to the laundry including:
(i) removal of the existing ceiling, floor tiles, wall tiles, waterproofing, and all fixtures and fittings;
(ii) alteration of water outlets as required to suit new fixtures;
(iii) screeding of floors (if required) and rendering of walls (if required) in preparation of new floor tiles and wall tiles;
(iv) installation of new ceiling, waterproofing, floor tiles, wall tiles (to ceiling height), and fixtures and fittings including laundry tub, tapware (and mixers for taps), and appliances including washing machine/dryer;
(v) removal of existing and/or installation of new lighting, switches, power points as required (including installation of new power point for heated floors in the two bathrooms);
(vi) connection to existing water, waste, and electrical services as required;
(d) Works to the kitchen including:
(i) removal of existing floor tiles, splashback tiles, all fixtures and fittings, and all appliances;
(ii) drilling of core hole through wall above balcony to vent the kitchen exhaust to atmosphere, with the exhaust ducting to run through the ceiling above the lounge;
(iii) installation of new floor tiles, splashback tiles, and fixtures and fittings including cabinetry, benchtop, sink, tap ware (and mixers for taps if required), and appliances including cooktop, oven, exhaust, rangehood, dishwasher;
(iv) removal of existing and/or installation of new lighting, switches, power points as required;
(v) connection to existing water, waste, and electrical services as required,
substantially in accordance with the drawings annexed to and forming part of this by-law at Annexure A (the “Plans”).
2. Definitions
For the purposes of this by-law:
"Council" means Inner West Council and any successor;
"Utility Services" means any service associated with plumbing, electrical, gas or telecommunications services (including cable television) which are effectively as reconfigured following the passage of this by-law;
"Works" means and includes all of the building works described in clause 1 and all works incidental thereto including the installation of cabling and wiring.
Where any word or phrase has a defined meaning in or for the purposes of the Strata Schemes Management Act 2015, that word or phrase has the same meaning in this by-law.
3. Conditions
3.1 Prior to Undertaking Works
Prior to undertaking the Works the Owner must obtain and provide to the Owners Corporation:
(a) any required approval of Council for the performance of the Works;
(b) a certificate of currency of the insurance policy or policies of the contractor carrying out the Works which is effected with a reputable insurance company reasonably satisfactory to the Owners Corporation for:
i. contractor's all risk insurance incorporating public liability insurance in an amount of not less than $10,000,000;
ii. any insurance required in respect of the Works under section 92 of the Home Building Act 1989; and
iii. workers’ compensation in accordance with applicable legislation; and
(c) if required by the strata committee, the opinion of a structural engineer (reasonably acceptable to the strata committee) to the effect that if the Works are carried out in a good and workmanlike manner substantially in accordance with the Plans and the description in clause 1, the Works will not adversely affect the structural integrity of the building or any part thereof.
3.2 Performance of Works
In carrying out the Works, the Owner (including any contractor involved in the performance of the Works on behalf of the Owner) must:
(a) ensure that the Works are carried out in a good and workmanlike manner by suitably licensed and registered contractors in compliance with relevant provisions of the Building Code of Australia, relevant Australian Standards, and applicable legislation (including the Design and Building Practitioners Act 2020 and any regulations made thereunder) and in such a way as to minimise disruption or inconvenience to any owner or occupier of any other lot in the strata scheme;
(b) carry out the Works substantially in accordance with the Plans and the description in clause 1 and, if Council approval was required, as approved by Council;
(c) not materially amend or vary the Works without the approval in writing of the Owners Corporation and, if required, Council;
(d) take reasonable precautions to protect all areas of the building outside the Lot from damage by the Works;
(e) transport all construction materials, equipment, debris and other material associated with the Works over common property in the manner reasonably directed by the Owners Corporation;
(f) keep all areas of the building outside the Lot clean and tidy throughout the performance of the Works;
(g) ensure that, so far as is reasonably practicable, the Works are performed wholly within the Lot;
(h) remove all debris from the building resulting from the Works as soon as practicable and in accordance with the reasonable directions of the Owners Corporation;
(i) only perform the Works at the times approved by the Owners Corporation (acting reasonably);
(j) ensure that the Works do not interfere with or damage the common property, the property of any other lot owner or any Utility Service otherwise than as approved in this by-law;
(k) make good any damage caused by the Owner in the performance of the Works within a reasonable period after that damage occurs;
(l) subject to any extension of time required by reason of any supervening event or circumstance beyond the reasonable control of the Owner, complete the Works within one month of their commencement.
3.3 Completion of Works
(a) The Owner must advise the Owners Corporation when the Works are complete; and
(b) If the approval of Council is required to carry out the Works, on completion of the Works the Owner must provide to the Owners Corporation the certificate required by the Council that the Works comply with the conditions of any Council approval.
4. Liability and Indemnity
(a) The Owner is liable for any damage caused to any part of the common property, not included in clause 1 of this by-law, as a result of the performance of the Works and must take all such steps as are necessary to make good that damage within a reasonable time after it has occurred.
(b) The Owner must indemnify the Owners Corporation against any loss or damage, cost, charge or expense incurred or sustained by the Owners Corporation as a result of or arising out of the Works or the performance thereof, including without limitation any liability under section 122(6) of the Strata Schemes Management Act 2015 in respect of any property of the Owner.
5. Other Rights and Obligations
(a) The Owner must, at their own cost, maintain the alterations and additions installed in the course of the Works and the common property affected by the Works (including but not limited to the fixtures and fittings installed as part of the Works) in a state of good and serviceable repair and must renew or replace them whenever necessary.
(b) Permitted hours of work: Monday to Friday - 8.00am to 5.00 pm; No weekend work; Noisy work/power tools only: 9.00 am to 4.30pm.
(c) Contractor parking: During Structural Building works which are programmed for completion end September - no Visitor Parking available.
(d) Notification: For any necessary communications, the Owner is to place a notice advising Builder and Owner’s phone contacts in the East Lift and on the Ground Floor Notice board.
(e) Wet area waterproofing: Shall be fully compliant with the NCC Table 3.8.11 and AS3740 and any other relevant Australian Standards and installed by a NSW Licensed Waterproofer and on completion Owner is to provide a Compliance Certificate by the NSW Licensed Waterproofer who installed and issue to the Owners Corporation via the Managing Agent.
(f) Bathroom & Rangehood Exhaust: rangehood exhausts shall be separately vented and not connected to the Toilet Exhaust ductwork.
(g) If any of the plumbing & drainage or any other works require access to the ceiling cavity of the Unit below, the Owner must advise the Owners Corporation how this is to occur.
(h) Electrical work: Shall be fully compliant with the relevant Aust Standards including AS3000 and all work shall be carried out by NSW Licensed Electricians and on completion provision of a Certificate of Compliance of Electrical Work CCEW by the NSW Licensed Electrician installer and issued to the Owners Corporation via the Managing Agent.
(i) Underfloor heating: details including electrical load to be notified to the Owners Corporation via the Managing Agent.
6. Costs
(a) The Works must be undertaken at the cost of the Owner.
(b) The Owner must pay the reasonable costs of the Owners Corporation in preparing, making, registering, implementing and enforcing this by-law.
7. Right to Remedy Default
If the Owner fails to comply with any obligation under this by-law and fails to rectify that breach within 14 days (or such other period as may be specified in the notice) of service of a written notice from the Owners Corporation requiring rectification of that breach , then the Owners Corporation may:
(a) carry out all work necessary to perform that obligation;
(b) enter upon any part of the Lot to carry out that work;
(c) recover the costs of carrying out that work from the Owner and the expenses incurred by the Owners Corporation in recovering those costs including legal costs on an indemnity basis;
and the Owner shall indemnify the Owners Corporation against any legal action or liability flowing from the action of the Owners Corporation pursuant to this clause.
Annexure A
Special By-Law No. 16 – Authorisation of Building Works in Lot 26 (passed 26 March 2025)
Grant of Special Privilege and Exclusive Use Right
1. On the conditions set out in this by-law the Owner of the Lot shall have a special privilege in respect of the common property to carry out, keep and maintain building works to refurbish the Lot and a right of exclusive use and enjoyment of that part of the common property directly affected by the building and refurbishment works incorporating:
a. Ensuite
i. removal of the existing floor tiles, wall tiles, waterproofing, and all fixtures and fittings;
ii. screeding of floors (if required) and rendering of walls (if required) in preparation of new floor tiles and wall tiles;
iii. installation of new waterproofing, under floor heating, floor tiles, grated drains, full-height wall tiles (feature wall tile and main wall tile), and fixtures and fittings including toilet, shower, shower screen, shaving cabinet, vanity, sink, tapware (and mixers for taps), and accessories including heating towel rail;
iv. removal of existing ceilings and install gyprock ceiling throughout;
v. installation of recessed ceiling channel for concealed LED strip;
vi. removal of existing and/or installation of new and/or relocation of existing lighting, switches, power points as required;
vii. connection to existing water, waste, and electrical services as required;
viii. all associated plumbing for the installation of the shower mixer, bath, basin with mixer, toilet suite and drainage together with associated electrical works.
b. Bathroom
i. removal of the existing floor tiles, wall tiles, waterproofing, and all fixtures and fittings;
ii. screeding of floors (if required) and rendering of walls (if required) in preparation of new floor tiles and wall tiles;
iii. installation of new waterproofing, underfloor heating, floor tiles, grated drains, full-height wall tiles, and fixtures and fittings including toilet, bathtub, shower, shower screen, shaving cabinet, vanity, sink, tapware (and mixers for taps), and accessories including heating towel rail;
iv. removal of existing ceilings and install gyprock ceiling throughout;
v. installation of recessed ceiling channel for concealed LED strip;
vi. removal of existing and/or installation of new and/or relocation of existing lighting, switches, power points as required;
vii. connection to existing water, waste, and electrical services as required;
viii. all associated plumbing for the installation of the shower mixer, bath, basin with mixer, toilet suite and drainage together with associated electrical works,
c. Deleted.
d. Deleted.
e. and all other associated building works necessary for the installation of the above,
substantially in accordance with the drawings annexed to and forming part of this by-law at Annexure A (the “Plans”).
Definitions
2. For the purposes of this by-law:
a. “Act” means the Strata Schemes Management Act 2015 and the regulations thereunder each as amended or replaced from time to time;
b. "Council" means the Inner West Council or such other consent authority as replaces the Inner West Council from time to time for the purposes of building work carried out under this by-law;
c. “Lot” means lot 26 in Strata Plan No. 56009;
d. “Owner” means the owner for the time being of the Lot;
e. "Works" means and includes all of the building works described in clause 1;
where any word or phrase has a defined meaning in or for the purposes of the Act, that word or phrase has the same meaning in this by-law.
Conditions - Prior to Undertaking Works
3. At least two weeks prior to undertaking the Works the Owner must obtain and provide to the owners corporation:
a. any required approval of the Council for the performance of the Works;
b. the certificate of currency of the insurance policy or policies of the contractor carrying out the Works which is effected with a reputable insurance company reasonably satisfactory to the owners corporation for:
i. contractor's all risk insurance incorporating public liability insurance in an amount of not less than $10,000,000;
ii. any insurance required in respect of the Works under section 92 of the Home Building Act 1989; and
iii. workers’ compensation in accordance with applicable legislation;
c. the intended timetable for performance of the Works;
d. and, if reasonably required by the owners corporation, the opinion of a structural engineer (reasonably acceptable to the owners corporation) to the effect that if the Works are carried out in a good and workmanlike manner and substantially in accordance with clause 1 and the Plans, the Works will not adversely affect the structural integrity of the building or any part thereof.
Conditions - Performance of Works
4. In carrying out the Works, the Owner (including any contractor involved in the performance of the Works on behalf of the Owner) must ensure so far as is practicable that:
a. the Works are carried out in a good and workmanlike manner by suitably licensed and registered contractors in compliance with relevant provisions of the Building Code of Australia, relevant Australian Standards, and applicable legislation (including the Design and Building Practitioners Act 2020 and any regulations made thereunder) and in such a way as to minimise disruption or inconvenience to any owner or occupier of any other lot in the strata scheme;
b. the Works are carried out substantially in accordance with clause 1 and the Plans and as approved by the Council (if Council approval is required);
c. to the extent the Works involve the removal of any tiles or any toilet, sink or like fittings in any bathroom such that an existing waterproof membrane is affected, install a waterproof membrane warranted for not less than 10 years below the tiles or other upper surface floor covering in the bathroom and that the installation of that waterproof membrane is carried out by a contractor licensed to install that waterproof membrane;
d. the Works are not materially amended or varied without the approval in writing of the owners corporation and, if required, the Council;
e. reasonable precautions are taken to protect all areas of the building outside the Lot from damage by the Works;
f. all construction materials, equipment, debris and other material associated with the Works is transported over common property in the manner reasonably directed by the owners corporation;
g. all areas of the building outside the Lot affected by the performance of the Works are kept clean and tidy throughout the performance of the Works and so far as is reasonably practicable, the Works are performed wholly within the Lot
h. all debris resulting from the Works is removed from the building and the strata scheme as soon as practicable;
i. the Works are only performed between the hours of 7.30 a.m. and 5.00 p.m. Monday to Friday, 8.00 a.m. and 2.00 p.m. on Saturday and not at all on Sunday or any public holiday;
j. no doors or access ways are blocked, or propped open or hindered in any way by the Owner, the contractor, its employees, servants and agents or by construction materials, equipment, debris and other material associated with the Works;
k. the Works do not interfere with or damage the common property or the property of any other lot owner otherwise than as approved in this by-law;
l. the owners corporation’s garbage bins are not used to store or transport debris, building materials, tools or equipment;
m. any damage caused by the Owner in the performance of the Works is made good within a reasonable period after that damage occurs; and
n. subject to any extension of time required by reason of any supervening event or circumstance beyond the reasonable control of the Owner, complete the Works within three months of their commencement.
Conditions - Completion of Works
5. On completion of the Works the Owner must:
a. ensure that the contractor removes from the strata scheme all debris associated with or resulting from the Works as soon as practicable; and
b. if the approval of the Council was required to carry out the Works, provide to the owners corporation a copy of the certificate provided to the Council that the Works comply with the conditions of any approval given by Council.
Conditions – Other Rights and Obligations
6. The Owner is liable for any damage caused to any part of the common property or to the property of any owner or occupier of any other lot in the strata scheme as a result of the performance of the Works and must take all such steps as are necessary to make good that damage within a reasonable time after it has occurred.
7. The Owner must indemnify the owners corporation and each owner or occupier of any other lot in the strata scheme against any loss or damage, cost, charge or expense incurred or sustained by the owners corporation or the other owner or occupier as a result of or arising out of the Works or the performance thereof.
8. The Owner must indemnify the owners corporation against any liability incurred by the owners corporation under section 122(6) of the Act in respect of any work, or the exercise of any power of entry under the Act, for the purpose of identifying and/or rectifying any damage caused by the Works or the performance thereof.
9. The Owner must, at the cost of the Owner, maintain and keep the alterations and additions installed in the course of the Works (including but not limited to the fixtures and fittings installed as part of the Works) and the common property directly affected by the performance and keeping of the Works in the Lot in a state of good and serviceable repair and must renew or replace them whenever necessary.
For the avoidance of doubt, if at any time there is leaking from the bathroom, or ensuite refurbished as part of the Works so that there is water leaking from that bathroom or ensuite beyond the boundary of the Lot, the Owner must:
a. Repair tiles, waterproof membrane and any part of the substrate necessary to properly rectify the water egress from the bathroom or ensuite of the Lot; and
b. Repair and reinstate any part of the common property and any other lot damaged by the water ingress from the Owner’s bathroom or ensuite.
11. Subject to clauses 9 and 10, the owners corporation remains liable for the proper maintenance, and keeping in a state of good and serviceable repair of the common property.
12. The Works must be undertaken at the cost of the Owner.
13. The Owner must pay the reasonable costs of the owners corporation in preparing, making, registering, implementing and enforcing this by-law.
14. In the event that the Owner fails to comply with any obligation under this by-law, then the owners corporation may:
a. carry out all work necessary to perform that obligation;
b. enter upon any part of the Lot to carry out that work;
c. recover the costs of carrying out that work from the Owner,
and the Owner shall indemnify the owners corporation against any legal action or liability flowing from the action of the owners corporation pursuant to this clause.
15. If and to the extent that the costs of rectification of damage caused to the common property are not paid to the owners corporation upon demand therefore by the owners corporation;
a. the owners corporation may recover the amount of those costs, including the costs of recovery, as a debt due and payable; and
b. if that debt is not paid within one month after the date on which it is due, it will bear simple interest at the same rate as applicable to contributions unpaid under section 81 of the Act; and
c. the Owners Corporation may include any reference to such debt (including interest thereon) on notices under section 184 of the Act in respect of the Lot.
Annexure A