PINNACLE BODY CORPORATE 548838 OPERATIONAL RULES

 

1. Interpretation of terms and rules binding on owners, occupiers, employees, agents, invitees, licensees and tenants

 

a) Terms defined in the Unit Titles Act 2010 (“the Act”) have the same meaning in these rules as they have in the Act, unless the context otherwise requires.

 

b) These rules are binding on all owners and occupiers of units in the unit title development as well as the employees, agents, invitees, licensees and tenants of all owners and occupiers of units in the unit title development.

 

c) “Owner” has the same meaning in these rules as it has in the Act, and for the purposes of these rules it also includes occupiers of a unit in the unit title development and the employees, agents, invitees, licensees and tenants of all owners and occupiers of units in the unit title development unless the context otherwise requires.

 

2. Interference and obstruction of common property

 

An owner of a unit must not interfere with the reasonable use or enjoyment of the common property by other owners or obstruct any lawful use of the common property by other owners.

 

3. Damage to common property

 

a) An owner shall:

 

i) not cause any loss, injury or damage to any part of the common property;

 

ii) make good any such loss, damage or injury caused by the proprietor;

 

iii) not obstruct nor install or place anything on the common property or any area providing access to the land.

 

b) The body corporate may remove anything installed or placed on the common property in breach of subclause (a)(iii) and recover the costs of any such removal from the owner or other person who installed or placed such thing on the common property.

 

4. Use of facilities, assets and improvements within the common property

 

a) An owner of a unit must not use any facilities contained within the common property, or any assets and improvements that form part of the common property, for any use other than the use for which those facilities, assets or improvements were designed and constructed and must comply with any conditions of use for such facilities, assets or improvements set by the body corporate from time to time.

 

b) Any part of the common property that is used as an entrance or accessway to the unit title development and any easement area giving access to the unit title development shall not be used by any owner for any other purpose than for entering or leaving the unit title development.

 

5. Vehicle parking

 

a) An owner of a unit must not park a vehicle or permit a vehicle to be parked on any part of the common property unless the body corporate has designated it for vehicle parking or the body corporate has given prior written consent.

 

b) An owner of a unit that is designated for use as a vehicle park must:

 

i) only use the vehicle park for the purpose of parking vehicles;

 

ii) ensure the vehicle park is kept tidy and free of litter;

 

iii) not use the vehicle park or permit it to be used for storage; and

 

iv) ensure that any vehicle parked in the vehicle park is parked within the boundaries of the vehicle park.

 

c) The body corporate may remove a vehicle from the unit title development that the body corporate considers is parked in such a manner that is in breach of this rule 6, at the expense of the owner of the vehicle concerned and the body corporate shall not be liable for any resulting damage, loss or costs.

 

6. Aerials, satellite dishes and antennas

 

An owner of a unit must not erect, fix or place any aerial, satellite dish, antenna or similar device on or to the exterior of a unit or on or to common property without the prior written consent of the body corporate, which shall not be unreasonably or arbitrarily withheld. The consent of the body corporate may be withheld, varied or revoked if the rights of another owner area adversely affected by the exterior aerial, satellite dish, antenna or similar device.

 

7. Signs and notices

 

a) An owner of a unit must not, without the prior written consent of the body corporate, erect, fix, place or paint any signs, nameplates or notices of any kind on or to the common property or on or to any external part of a unit.

 

b) Notwithstanding the foregoing, the original developer shall be entitled to erect signs advertising the units or any of them for sale without consent.

 

8. Contractors

 

An owner of a unit who carries out any repair, maintenance, additions, alterations or other such work on a unit must ensure that any contractors or other such persons employed by the owner cause minimum inconvenience to all other owners and ensure that such work is carried out in a proper workmanlike manner.

 

9. Rubbish and pest control

 

An owner of a unit:

 

a) must not leave rubbish or recycling material on the common property except in areas designated for rubbish collection by the body corporate, and where such material is left in a designated rubbish collection area it must not be left in such a way that interferes with the enjoyment of the common property by other owners;

 

b) must dispose of rubbish and recycling material promptly, hygienically and tidily using properly secured and sealed rubbish bags and ensure such disposal does not adversely affect the health, hygiene or comfort of other owners;

 

c) must not burn any rubbish anywhere on the common property or in any unit; and

 

d) shall keep the unit free of any vermin, pests, rodents and insects.

 

10. Cleaning

 

An owner of a unit must ensure the unit is kept clean at all times.

 

11. Lawns and gardens on common property and shared Lawn and Park Area

 

An owner of a unit must not damage any lawn, garden, tree, shrub, plant or flower being part of or situated on the common property or use any part of the common property as a garden for their own purposes.

 

12. Use of water services

 

a) All things required for the provision of water supply, drainage, wastewater and sewage services to units or common property and all things attached to and used in relation to such services, including but not limited to pipes, drains, taps, faucets, toilets, baths, showers, sinks, sink incinerators and dishwashers, must only be used for the purpose for which they were designed and constructed. If any owner causes or permits any damage, loss or costs to be incurred due to misuse or negligence that owner shall pay for such damage, loss or costs.

 

b) An owner of a unit shall not waste water unnecessarily and shall ensure that all taps in the unit are turned off after use.

 

13. Washing / blinds / curtains

 

a) An owner or occupier of a unit shall not hang any clothing, bedding or other articles on the outside or from the windows and/or balconies of the unit.

 

b) An owner or occupier of any unit will not hang internal curtains (visible from outside the unit) other than with neutral linings and ensure that only curtains are visible from the exterior of the building and that blinds, awnings and other coverings are inside the curtain and not visible from the exterior of the building. The colour and design of all curtains or blinds must be approved by the body corporate. In giving such approval the body corporate shall ensure as far as practicable that the curtains or blinds used in all units present a uniform and orderly appearance when viewed from outside the units. The proprietor shall as often as need shall arise (in the opinion of the body corporate) replace at the owner’s own cost any curtains or blinds in the unit.

 

14. Security and ventilation equipment

 

a) An owner of a unit shall comply at all times with the operating and maintenance instructions of any security, fire alarm, air conditioning or ventilation equipment in the unit.

 

b) An owner of a unit shall take reasonable precautions to ensure that burglar alarms are not activated unnecessarily or so as to cause disturbance or inconvenience to the occupiers of other units.

 

15. Floor coverings

 

Except in kitchen, laundry, toilet or bathroom areas of a unit, an owner of a unit must ensure that all floor space in a unit is covered or otherwise treated to an extent sufficient to prevent noise transmission from the unit that is likely to disturb the quiet enjoyment that could reasonably be expected by the owner of another unit.

 

16. Noise, behaviour and conduct

 

An owner shall not make or cause or permit to be made any noise or carry out or permit any conduct or behaviour which unreasonably interferes with the peaceful enjoyment by other proprietors of their units.

 

17. Pets

 

a) An owner of a unit shall be entitled to keep a cat or a dog per residential principal unit subject always to the prior written consent of the body corporate. Any application by an owner for keeping of a dog in the unit must be in relation to a small dog of acceptable breed and where the owner can demonstrate to the reasonable satisfaction of the body corporate that such dog will not unreasonably interfere with the other owners’ use and enjoyment of their units. To this extent, dogs which are prone to barking will not be acceptable. Such consent by the body corporate will at all times be subject to review and if in the reasonable opinion of the body corporate such consent can be revoked.

 

b) In the event of consent by the body corporate then it shall be the responsibility of the owner or occupier of the unit to ensure that any approved animal and its facilities shall be kept in a clean and tidy condition and that the keeping of such an animal shall not in any way interfere with the enjoyment of the building by any other owner or occupier of the units therein.

 

c) Notwithstanding rule 17(a) any owner of a unit who relies on a guide, hearing or assistance dog may bring or keep such a dog in a unit, and may bring such a dog onto the common property.

 

d) The owner of any cat or dog permitted under rule 17(a) or 17(c) must ensure that any part of a unit or the common property that is soiled or damaged by the cat or dog must promptly be cleaned or repaired at the cost of the owner.

 

18. Security

 

An owner of a unit must:

 

a) keep the unit locked and all doors and windows closed and securely fastened at all times when the unit is not occupied, and do all things reasonably necessary to protect the unit from fire, theft or damage;

 

b) take all reasonable steps to ensure any electronic security cards, security keys or security codes to a unit or common property are not lost, destroyed or stolen or given to anyone other than a registered proprietor, occupier or tenant of the unit to which the security card, security key or security code relates;

 

c) not duplicate or permit to be duplicated any electronic security cards, security keys or security codes to a unit or common property; and

 

d) notify the body corporate as soon as reasonably practicable if rules 18(b) or (c) are breached.

 

19. Moving and installing heavy objects

 

An owner of a unit must not, without the prior written consent of the body corporate, bring onto or through the common property or any unit, or erect, fix, place or install in any unit, any object of such weight, size, nature or description that could cause any damage, weakness, movement or structural defect to any unit or common property, and any such damage caused or contributed to shall be paid for by the owner responsible.

 

20. Lifts

 

An owner of a unit must comply at all times with any notice or instruction displayed in any lift in the unit title development. If any lift in the unit title development, other than a goods lift, is to be used for carrying anything other than passengers, lift protection equipment supplied by the Body Corporate must be used.

 

21. Hazards, insurance and fire safety

 

An owner of a unit must not bring onto, use, store, or do, in a unit or any part of the common property anything that:

 

a) increases the premium on or is in breach of any body corporate insurance policy for the unit title development; or

 

b) is in breach of any enactment or rule of law relating to fire, insurance, hazardous substances or dangerous goods, or any requirements of any territorial authority; or

 

c) creates a hazard of any kind; or

 

d) affects the operation of fire safety devices and equipment or reduces the level of fire safety in the unit title developments.

 

22. Emergency evacuation drills and procedures and contact details

 

a) An owner of a unit must cooperate with the body corporate during any emergency evacuation drills and must observe and comply with all emergency evacuation procedures.

 

b) If the address and telephone number of a proprietor of a unit is different from that of the unit then the proprietor shall provide the body corporate with the proprietor’s address and telephone number.

 

23. Notice of damage, defects, accidents or injury

 

Upon becoming aware of any damage or defect in any part of the unit title development including its services, or any accident or injury to any person in the unit title development, an owner of a unit must immediately notify the body corporate. Any cost to repair any such damage or defect shall be paid by the owner that caused or permitted the damage or defect.

 

24. Leasing a unit

 

An owner of a unit must:

 

a) provide a full copy of these rules and a full copy of all future amendments to these rules to any tenant or occupier of the unit; and

 

b) provide the body corporate with written notice of the full name, landline phone number, cellphone number, email address and address for service for the purposes of the Act for the owner and for all tenants or occupants of the unit, and promptly notify the body corporate in writing of any changes to such details; and

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25. Heat pump installation

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The building has not been designed to allow for heat pumps on balconies. The consented/approved fire design on the building does not allow for heat pumps to be installed to units with balconies so heat pumps are not an option for units with balconies and will not be approved.

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26. Masterkey system for all doors

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If the locks for all units and common property doors are on a master key system, owners must not re-key existing locks or install new or additional locks without the prior written consent of the Body Corporate. If approved, any new or additional locks must be on the body corporate master key system.

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27. Unit Keys to be provided

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Owners must lodge key to units with BC Managers for use in emergencies or BWof survey requirements noting that BC Managers do not provide a lock-out service. If owners changed locks a key must be provided to the BC Managers.

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28. Use of a Unit

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Owners of ground floor retail principal units may use their unit for retail or office commercial use only.

An owner of apartment units on levels 1 to 16 (not including car parks, garages or storage units) shall not use or permit their principal unit to be used for any purpose other than for residential use.

An owner of a unit must not use or permit a unit to be used for any purposes which may be illegal or injurious to the reputation of the unit title development or other owners and in particular, must not use or permit a unit to be used for the purposes of prostitution, as a brothel, or for illegal gambling.

An owner of a unit must not use or permit a unit to be used for Transitional Housing or Emergency Accommodation where a provider seeks to source Temporary, Transitional and/or Emergency accommodation/support for their clients.

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