1. Dictionary

 

Act              means the Body Corporate and Community Management Act 1997

Body Corporate has the same meaning as in the Act

Committee   has the same meaning as in the Act

Commissioner   has the same meaning as in the Act

Common Property   has the same meaning as in the Act

Invitee         any person on the Scheme Land with the permission of an Occupier

Landscaping Plan    means the plan approved by the Body Corporate in accordance with the by-laws

Lot              has the same meaning as in the Act

Occupier     an Owner, tenant, licensee, or any person resident on a Lot

Owner         has the same meaning as in the Act

Scheme Land    has the same meaning as in the Act; and

Window Covering    curtain, blind, venetian or roller shade.

 

2. Rules for Interpretation

 

2.1 In these bylaws unless the context indicates a contrary intention:

 

1. 1. words denoting any gender include all genders;

 

1. 2. the singular number includes the plural and vice versa;

 

1. 3. a person includes their executors, administrators, successors, substitutes (for example, persons talking by novation) and assignors;

 

1. 4. words importing persons will include all bodies, associations, trusts, partnerships, instrumentalities and entities corporate or unincorporated, and vice versa;

 

1. 5. any obligation on the part of or for the benefit of two or more persons will be deemed to bind or benefit as the case may be, any two or more of them jointly and each of them severally;

 

1. 6. references to any legislation includes any legislation which amends or replaces that legislation;

 

1. 7. headings are included for convenience only and will not affect the interpretation of these by-laws;

 

1. 8. a reference to any thing includes the whole or each part of it, and

 

1. 9. in interpreting these by-laws, no rules of construction will apply to the disadvantage of a party because that party was responsible for the drafting of these by-laws or any part of them.

 

3. Noise

 

1. 1. An Occupier must not create any noise likely to interfere with the peaceful enjoyment of a person lawfully on another Lot or the Common Property.

 

1. 2. Occupiers leaving or returning to Lots late at night or early in the morning must do so with minimum noise.

 

1. 3. The Occupier must request invitees leaving after 11.00pm to leave quietly.

 

4. Vehicles

 

1. 1. An Occupier must not park any vehicle upon Common Property except:

 

1. 1. with the consent in writing of the Body Corporate Committee; or

 

1. 2. where authorised by an exclusive use by-law.

 

1. 2. Vehicles must not be driven at speeds in excess of 10 kph whilst on Common Property.

 

1. 3. Vehicles may only be driven on constructed roadways however:

 

1. the Occupiers of Lots 1 to 8 inclusive may, if otherwise permitted by a licence from the Owner of Lot 28, use a designated area within Lot 28 and across the Common Property adjoining Lot 28 to access the lake foreshore; and

 

2. the Occupiers of Lots 9 to 27 inclusive may use a designated access between Lot 14 and 15 and in front of Lots 15 to 22 to access the lake foreshore.

 

5. Obstruction

 

1. 1. An Occupier must not obstruct lawful use of Common Property by any other person.

 

6. Damage to Lawns etc on Common Property

 

1. 1. An Occupier must not:

 

1. 1. damage any Common Property lawn, garden, tree, shrub, plant or flower; or

 

1. 2. use as a garden any portion of the Common Property, except with the consent in writing of the Body Corporate Committee.

 

7. Damage to Common Property

 

1. 1. An Occupier must not mark, paint, or drive nails or screws or the like into, or otherwise damage or deface the structure that forms part of the Common Property except with the consent in writing of the Body Corporate Committee.

 

1. 2. The locking, safety device, screen or other device must be constructed in a workman like manner and maintained in a state of good and serviceable repair by the Owner.  It must not detract from the amenity of the Scheme Land.

 

8. Depositing Rubbish, etc on Common Property

 

8.1 An Occupier must not deposit or throw upon the Common Property any rubbish, dirt, dust or other material likely to interfere with the peaceful enjoyment of any person lawfully using the Common Property.

 

9. Garbage Disposal

 

1. 1. The Occupier must keep a receptacle for garbage in a clean and dry condition and adequately covered on the Lot, or on a part of the Common Property designated by the Body Corporate Committee for that purpose, unless the Body Corporate provides for some other way of garbage disposal.

 

1. 2. The Occupier must:

 

1. 1. comply with all local government local laws about disposal of garbage; and

 

1. 2. ensure that in disposing garbage, the hygiene, health and comfort of other Occupiers is not adversely affected.

 

10. Behaviour of Invitees and Owners

 

1. 1. Occupiers must take all reasonable steps to ensure that their invitees abide by the by-laws and do not behave in a manner likely to interfere with the peaceful enjoyment of a person lawfully on another Lot or Common Property.

 

1. 2. Owners will be liable to compensate the Body Corporate for all damage to the Common Property caused by their Occupiers and invitees.

 

11. Keeping Animals

 

1. 1. Subject to Section 143 of the Act, an Occupier must not, except with the consent in writing of the Body Corporate Committee:

 

1. 1. bring or keep a dog on the Lot or the Common Property; or

 

1. 2. permit an Invitee to bring or keep a dog on the Lot or the Common Property.

 

unless:

 

1. the animal is properly enclosed or restrained within the Lot;

 

2. the animal is controlled by a suitable leash or restraint when on Common Property;

 

3. the Occupier removes any faeces from the Common Property;

 

4. the animal does not cause a nuisance or disturbance to other Occupiers.

 

1. 2. Any consent of the Body Corporate may be:

 

1. 1. given on conditions; and

 

1. 2. withdrawn at any time.

 

12. Building

 

1. 1. The Body Corporate will approve from time to time Building and Development Covenants setting out the requirements for building on Lots.

 

1. 2. The Building and Development Covenants may only be altered by a resolution without dissent or by an order of the Commissioner.

 

1. 3. An Owner may not carry out any building work on a Lot except in accordance with the Building and Development Covenants.

 

13. Appearance of Lots

 

13.1     An Occupier must not hang any washing, towel, bedding, clothing or other article or display any sign, advertisement placard, banner, pamphlet or like matter on any part of its Lot in such a way as to be visible from another Lot, the Common Property or outside the Scheme Land, except with the consent in writing of the Body Corporate Committee.

 

14. Alterations to Lots

 

14.1     An Occupier must not make any change to the external appearance of a Lot or make any structural alterations to the Lot, except with the consent in writing of the Body Corporate Committee.

 

15. Landscaping Plan

 

15.1     The Body Corporate will at all times comply with the Landscaping Plan.

 

16. Maintenance of Lots

 

1. 1. Each Owner must ensure that its Lot is kept and maintained so as to not to be offensive in appearance to other Owners.

 

1. 2. Grass is to be mown regularly and kept to a maximum of:

 

1. 1. 75mm (if there is a chalet constructed on the Lot); or

 

1. 2. 150mm if the Lot is vacant.

 

1. 3. If an Owner is in breach of this by-law and fails to remedy the breach within 14 days after receiving written notice thereof from the Body Corporate, the Body Corporate may carry out the required maintenance and to recover the cost as a debt from the Owner of the Lot.

 

17. Trees

 

1. 1. The Owners of Lots 1 to 14 inclusive must:

 

1. 1. ensure that any trees planted on the Lot are in accordance with the Landscaping Plan; and

 

1. 2. ensure that trees do not exceed a height of 6 metres.

 

1. 2. If an Owner is in breach of this by-law and fails to remedy the breach within 45 days after receiving written notice thereof from the Body Corporate:

 

1. specifying the breach and notifying the Owner of the remedial action required (which may include removal of the offending tree); and

 

2. the Body Corporate may carry out the required maintenance and to recover the costs as a debt from the Owner of the Lot

 

18. Storage of Flammable Liquids etc

 

18.1     An Occupier must not bring to, do or keep in its Lot anything which increases the rate of fire insurance on the Scheme Land, or which may conflict with any insurance policy upon the Scheme Land.

 

19. Windows

 

19.1     Windows must be kept clean.  If broken or cracked, windows must be promptly replaced with fresh glass of the same kind, colour and weight as prior to the breaking or cracking.

 

20. Use of Recreational Facilities

 

20.1     The recreational facilities on the Common Property must not be used between 10pm and 6am without the prior approval of the Body Corporate Committee.

 

21. Recovery by Body Corporate

 

21.1     Where the Body Corporate spends money to repair damage caused by a breach of the Act or of these by-laws by any Occupier or Invitee then the Body Corporate is entitled to recover the amount spent as a debt in any court action from the Owner of the Lot from which that Occupier or Invitee came.

 

22. Exclusive Use

 

1. 1. The Owner of a Lot shall have the exclusive use of those parts of the Common Property set out in Schedule E.

 

1. 2. Each Owner to whom exclusive use of Common Property is given under this by-law:

 

1. 1. is to use the area only for purpose consistent with the enjoyment of the Lot;

 

1. 2. must not use it in such a way as to create a nuisance or otherwise interfere with the use of Common Property by other Occupiers and persons lawfully using the Common Property.

 

1. 3. is to be responsible for the performance of the duties of the Body Corporate under the Act in respect of such Common Property;

 

1. 4. may not construct any improvements on it; and

 

1. 5. may not plant any vegetation (other than grass) without the approval in writing of the Committee.

 

23. Power of the Committee

 

23.1     The Committee may make rules relating to the Common Property consistent with these by-laws and such rules shall be observed by the Owners and Occupiers of Lots unless and until they are disallowed or revoked by a resolution of the Committee or of the Body Corporate.

 

24. Washing and Maintenance Area

 

24.1     The Body Corporate must at all times provide a facility for car washing, maintenance of vehicles, outboard motors, etc at least 100 metres from the Lake foreshore and all washing and maintenance activities must be conducted in that location and not elsewhere on the Common Property or upon any Lot.

 

 

  

SCHEDULE C BY-LAWS

 

PART A – PRELIMINARY

 

1 Structure

 

0. 1. These by-laws are set out in the following structure:
       
1. Part A – Preliminary

(b) Part B – Interferences
(c) Part C – Works
(d) Part D – Regulation of use
(e) Part E – Exclusive use
(f) Part F – Extraneous Provisions 

 

2   Definitions and interpretation

 

2.1 The terms set out in these by-laws mean:

(a)   ‘Act’ means the Body Corporate Community Management Act 1997(Qld).

(b)   ‘Body Corporate’ means the Body Corporate established upon the registration of the Scheme.

(c)    ‘Building Covenant means the Edgewater Tinaroo CTS Building and Development Covenants.  

(d)   ‘Caretaking Service Contractor’ means a service contractor for the Scheme who is also a letting agent for the Scheme.

(e) ‘Committee’ has the same meaning as in the Act

(f) ‘Common Property’ means Scheme Land that is not included in a Lot. 

(g)   ‘Improvement’ means the erection of a building, a structural change or a non-structural change of any kind or the carrying out of any works.

(h) ‘Landscaping Plan’ means the plan approved by the Body Corporate in accordance with the by-laws

(i) ‘Lot’ means a lot in the Scheme.

(j) ‘Occupier’ means any person that occupies a Lot.

(k)    ‘Owner’ means an owner of a Lot. 

(l) ‘Regulation Module’ means the regulation module of the Act that applies to the Scheme as identified in Item 2 of this community management statement.

(m) ‘Scheme’ means Edgewater Tinaroo CTS 31506.

(n)   ‘Scheme Land’ means any land within the Scheme, including any Lot or the Common Property.

(o)   ‘Security Access Device’ means a key, fob, swipe or other device used to gain access to something that is otherwise inaccessible.

(p)   ‘Social Function’ means a gathering of a number of people that causes other Owners or Occupiers to be excluded from the use and enjoyment of part or all of the Common Property.

(q)   ‘Smoke’ means to hold or otherwise have control over an ignited, heated or other smoking product which creates smoke or vapour.  This includes electronic cigarettes.

(r) ‘Vehicle’ includes but is not limited to all types of automobiles, motor cycles, scooters, trucks, bicycles, boats, trailers, caravans, camper vans, mobile homes, golf buggies, Segways, skateboards, rollerblades or any other equivalent means of transportation.

(s)    ‘Visitor’ means a person who is invited in any capacity onto Scheme Land by an Owner, Occupier or a Visitor.

 

2.2 In the interpretation of these by-laws, terms used in these by-laws may be interpreted by reference to how those terms are defined in the Act and Regulation Module.

2.3 If there is an inconsistency between a by-law and the Act or Regulation Module, the Act or Regulation Module prevails to the extent of the inconsistency.

2.4 The singular includes the plural and vice versa.

2.5 Words importing a gender include other genders.

 

2.6 A person includes their executors, administrators, successors, substitutes (for example, persons taking novation) and assignors.

 

2.7 Words importing persons will include all bodies, associations, trusts, partnerships, instrumentalities and entities, corporate or unincorporated, and vice versa.

 

2.8 References to any legislation include any legislation which amends or replaces that legislation.

 

2.9 In interpreting these by-laws, no rules of construction will apply to the disadvantage of a party because that party was responsible for the drafting of these by-laws or any part of them.

 

3   Applicability of these by-laws

 

3.1 An Owner whose Lot is subject to a lease, licence or tenancy agreement must:

(a)   take reasonable steps to ensure that any lessee, licensee, tenant or other Occupier and their Visitors comply with and observe these by-laws; and

(b)   provide the lessee, licensee or tenant with a copy of these by-laws.   

 

(c) for holiday letting or other short-term rental (e.g. overnight rentals), the secretary will make available to owners a summary of these by-laws.   The contents of this summary is to be supplied by the owner to those persons who would qualify under this sub-section.

 

3.2 Occupiers must:

(a)   comply with these by-laws to the extent they apply to an Owner; and 

(b)   ensure that the by-laws are complied with by their Visitors to the extent they apply to an Occupier.  

 

4   Tenancies

 

4.1 If an Owner lets their Lot for a term of three months or more, the Owner must, as soon as practicable, give the Body Corporate notice of:

(a)   the name of the tenant and all Occupiers;

(b)   the service address of the tenant;

(c)    the term of the tenancy; 

(d)   the name and service address of the Owner's letting agent for the tenancy; and

(e)   any other information the Body Corporate may reasonably require.

 

5   Application and approval process
 

5.1 This by-law applies where an Owner or Occupier makes an application to the Body Corporate or otherwise seeks to obtain the Body Corporate’s consent.

5.2 When deciding whether to approve any application made by an Owner or Occupier (the Applicant) under these by-laws, the Body Corporate may:

(a)   take into account previous approvals under these by-laws provided to the Applicant and the Applicant’s compliance with any conditions of previous approvals;

(b)   request the Applicant to provide all information reasonably required to make a decision, where the Body Corporate may make as many requests as reasonably necessary;

(c)    grant its approval on reasonable and relevant conditions; or

(d)   refuse any application if it is reasonable to do so.

5.3 An Owner or Occupier of a Lot granted approval under these by-laws must comply with any conditions of that approval, failing which, the Body Corporate may withdraw that approval after the Applicant has been provided with a reasonable opportunity to remedy any non-compliance.

5.4 Any approval under these by-laws by the Body Corporate is invalid and read down or severed to the extent it is inconsistent with the Act or Regulation Module.

 

PART B - INTERFERENCES

 

6   Noise and nuisances

 

6.1 An Owner or Occupier must not use, or permit the use of, a Lot or the Common Property in a way that:

(a)   causes a nuisance or hazard; 

(b)   interferes unreasonably with the use or enjoyment of another Lot; or

(c)    interferes unreasonably with the use or enjoyment of the Common Property by a person who is lawfully on the Common Property.

(d)   lighting is not to adversely affect neighbours or persons using the common property.

(e )  lighting is not to illuminate any area other than the lot or it’s particular exclusive use area.   

 

6.2 Where an Owner or Occupier is affected by the noise or nuisance of another owner/visitor, that Owner or Occupier should make every endeavour to bring affecting behaviour/issue to the attention of the Owner/Visitor of the block where the noise/nuisance is emanating from at the time of the noise/nuisance.  If the noise/nuisance may be a police or local authority matter, the police or local authority should be contacted.  The affected Owner/Occupier is expected to exhaust all avenues of redress before referring the matter to the Body Corporate Committee which Committee will require detail of corrective actions attempted by the affected Owner/Occupier.

 

Comments:  Old Section 3 required the occupier to request Invitees to leave after 11.00pm quietly.  New section 6.2 places an onus on Owners/Occupiers taking initial action prior to brining an issue to the Body Corporate.

 

7   Obstruction and Storage

 

7.1 An Owner or Occupier must not, without the written approval of the Body Corporate:

(a)   obstruct, or permit the obstruction of, the lawful use of the Common Property or another Lot by someone else; or

(b)   use as storage, or place items on, the Common Property.

 

Comments:  Old Section 5.  This new section includes storage.

 

 

8   Smoking

8.1 An Owner or Occupier must not Smoke, or permit any Visitors to Smoke (including electronic cigarettes):

(a)   in a completely or substantially enclosed area on the Common Property;  

(b)   on the Common Property such that it unreasonably interferes with the use or enjoyment of another person in a Lot or the Common Property; or

(c)    in their Lot such that it unreasonably interferes with the use or enjoyment of another person in a Lot or the Common Property.

 

Comments:  Includes electronic cigarettes.

 

9   Auctions

9.1 An Owner must not permit any auction to take place on the Common Property without the written approval of the Body Corporate.

 

10 Garage sales

10.1      An Owner must not permit any garage sale to take place on the Common Property without the written approval of the Body Corporate.

 

11 Parking

11.1      An Owner or Occupier must not, without the written approval of the Body Corporate: 

(a)   park a Vehicle or allow a Vehicle to stand, on any part of the Common Property (other than in an exclusive use area); or

(b)   permit a Visitor to park a Vehicle or allow a Vehicle to stand, on the Common Property (other than a designated area available for car or trailer parking as provided in Appendix A); or

 

(c) park a Vehicle in such a way which blocks access to the estate’s boat ramps.

 

 

12 Vehicles

 

12.1  Vehicles must be operated in accordance with all public road rules and must not be driven at a speed that creates a danger to property or persons.

12.2     On sealed roads, Vehicles are not to be driven over 40kms per hour.

12.3     Vehicles are not to be driven on the estate’s Soakage Areas or Common Property with the exception of driving on a designated access track to the estate’s boat ramps.

12.4     To mitigate foreshore erosion, vehicles are not to be driven near the water’s edge with the exception of launching a boat from a designated boat ramp. 

 

Comments:  Old Section 4 said that occupiers could not park on common property without approval.  Speed 10km/hr.  Old referred to use of boat ramps.  This has been removed.  New section includes changes speed to 40km/h, not driving on soakage area. 

 

 

13 Use of Boat Ramps/Foreshore

 

13.1  All owners, occupiers or visitors are to be considerate of other users in using the estate’s boat ramps.

13.2     Any watercraft used at the boat ramp is not to be left on the ramp in order to provide room for others to use the ramp.  Any watercraft parked on the water’s edge is to be parked well clear of the boat ramp leaving sufficient space for the launching, retrieval, turning or manipulation of watercraft trailers and tow vehicles.

13.3     Any vehicle (with or without trailer) is to be returned to the relevant Lot or parked away from the boat ramp leaving sufficient space for the launching, retrieval, turning or manipulation of watercraft trailers and tow vehicles.

13.4  Any temporary tent/shelter (for use during water leisure activities on the lake) erected near the water’s edge is to be erected well clear of the boat ramp as specified in 13.2/13.3 above.

13.5     Owners/Visitors are not to erect on a permanent or semi-permanent basis any shelter or building on the foreshore which impacts the water views from the estate.

 

Comments:  This section will have to be clarified as to what authority the body corporate has over the boat ramp areas.  We have no control whatsoever over Sunwater land and our “boat ramps” are not Sunwater approved.  This may change in the future.

 

 

14 Communications
 

14.1      Owners and Occupiers must only communicate and interact with the Body Corporate and other Owners and Occupiers in a reasonable manner and not in any way which may (including, but not limited to) be:

(a) an annoyance;

(b) a nuisance; 

(c) threatening or intimidating; 

(d) defamatory; or 

(e) anti-social.

 

 

 

PART C - WORKS

 

 

15 Damage
 

15.1 An Owner or Occupier must not damage, deface or alter any part of the Common Property without the written approval of the Body Corporate.

 

Comments:  Old Section 6 and 7 refers to damage of Lawns on Common Property as well as Common Property. 

 

 

16   Common Property Improvements