Owners Corporation Rules
Special Rules of Body Corporate No. 3 Plan No. 430269E
1. Definitions
In these Rules, the following words have the following meanings:
- "Act" means the Subdivision Act 1988 (as amended);
- "Body Corporate" means Body Corporate No. 3 Plan No. 430269E and includes any
- Committee of Management or Managing Agent that has been duly appointed and delegated
- by the Body Corporate to assume certain powers and duties of the Body Corporate and in
- particular to set the terms and conditions referred to in any of these Rules;
- "Body Corporate No. 1" means Body Corporate No. 1 Plan No. 430269E;
- "Body Corporate No. 2" means Body Corporate No. 2 Plan No. 430269E;
- "Body Corporate No. 4" means Body Corporate No. 3 Plan No. 430269E;
- "Building" means the building situated at 333 Exhibition Street, Melbourne;
- "Building Manager" means the person, firm or company appointed by the Body Corporate
- to manage the Building;
- "Common Property" means the Common Property on the Plan;
- "Hotel Operator" means Stockland Hotel Group Pty Limited (ACN 002 563 920) of 16th Floor, 157 Liverpool Street, Sydney, New South Wales together with its successors and assigns;
- "Lift" means the-lifts owned by the Body Corporate;
- "Lot(s)" means the Lot(s) on the Plan;
- "Managing Agent" means a managing agent appointed in accordance with Regulation 615
- of the Regulations.
- "Members" means the Members of the Body Corporate;
- "Members or the families or visitors of any such Member" means and includes:
(a) the employees of Members;(b) the families of Members;(c) the agents, contractors and subcontractors of Members;(d) invitees and visitors of Members; and(e) tenants, licensees and occupiers of Lots;
- "Outgoings" shall include (but not necessarily be limited to) all rates, charges, taxes and
- impositions ( other than those levied directly against the Member's Lot), insurances of the
- Buildings and improvements (including but not limited to public risk and reinstatement),
- cleaning, electricity, fire protection, maintenance of lifts, repairs and maintenance, security,
- bank fees, and associated government charges, garden maintenan9.e, air conditioning of
- Common Property and like expenses associated with the maintenanc'e and operation of the
- Common Property;
- "Plan" means Plan No. 430269E;
- "Regulations" mearis the Subdivision (Body Corporate) Regulations 1989 (as amended);
- ·Security Key" means key, swipe card on any other device used to secure the Building or
- any part thereof, or to gain entry thereto.
2. Negative Obligations
A Member must not and must do all things reasonable to ensure that the occupier of a
Member's Lot does not:
2.1 Use of Lots and Common Property
(a) use the Common Property or permit the Common Property to be used in such a manner as to unreasonably interfere with or prevent its use by other Members or the families or visitors of any such Member;
(b) damage, deface or obstruct any entrances, passages, stairways, landings, pathways or any part of the Common Property or use them for any purpose other than the purpose for which they are provided or properly available for;
(c) enter, or facilitate any person to enter, any plant room, machinery room, equipment area or other similar area without the prior written consent of the Body Corporate;
(d) use any part of the Building, Lots or Common Property for a purpose other than the purpose for which it has been provided or for which it is properly available;
(e) park or leave a vehicle on the Common Property
(i) so as to obstruct a driveway or entrance to a Lot; or(ii} in any place other than in a parking area specified for such purpose by the Body Corporate;
(f) use or permit a Lot or the Common Property to be used for any purpose which may be illegal or injurious to the reputation or appearance of the Building or which may cause nuisance or hazard to or may unreasonably interfere with the use and enjoyment thereof by any other Member or occupier of any Lot or the families or visitors of any such Member or occupier;
(g) use or permit a Lot to be used other than for residential or accommodation purposes when the lease to the Hotel Operator has expired; and
(h) use or permit a Lot to be used in a manner that would contravene any planning regulations, requirements or restrictions placed on the Plan.
2.2 Pool/Spa/Sauna
(a) breach any rules pertaining to the pool, spa or sauna area;
(b) remove any item, equipment or other property belonging to Body Corporate No. 3 from the pool, spa or sauna area;
(c) invite visitors to use the pool, spa or sauna area without first having obtained the consent of Body Corporate No.3 and the Hotel Operator;
(d) permit any visitors or children under 16 years of age to use the pool, spa or sauna;
(e) take food, alcoholic or other beverages, glass containers or breakable receptacles of any kind to the pool, spa or sauna area;
drink, eat or smoke in the pool, spa or sauna area;
(f) litter the pool, spa or sauna area;
(g) fail to wear a bathing costume in the pool, spa or sauna area; and
(h) fail to shower to remove excess suntan lotion before entering the pool or spa.
2.3 Noise
(a) make or permit to be made any undue noise in or about the Common Property, or a Member's Lot or make or permit to be made any noise which would be likely to unreasonably interfere with the use and enjoyment of a Lot or the Common Property by any other Member or occupier of any Lot or the families or visitors of any such Member or occupier;
(b) use any Lot or the Common Property in a noisy, noxious, immoral or offensive manner or in a manner which disturbs the quiet enjoyment of Members of any Lot or their families, agents, employees and occupants or any other person lawfully in or upon a Lot or the Common Property;
(c) make or permit to be made noise from music or machinery which may be heard outside a Member's Lot;
(d) use on any part of the Common Property any radio, musical instrument or other device that emits sound at a level audible to other persons on the Common Property or in the Building;
2.4 Interference with Fittings, Services or Facilities
(a) obstruct windows, air vents, air conditioning ducts, skylight or emergency exits in, or any other part of, the Common Property;
(b) cover or obstruct any lights, sky lights, windows or other means of illuminations of the Common Property or the Building;
(c) do any act or thing which affects the working of the air conditioning in the Building (including, without limitation, altering any thermostat or other control in the Building, the Common Property or in the Lots);
(d) obstruct or in any way interfere with any fire appliance, cupboard, stairway or landing in the Building or permit any fire appliance, cupboard, stairway or landing in the Building to be obstructed;
2.5 Balconies and Windows and Outward Appearance
(a) hang or place on any balcony or in any window of a Member's Lot or in or about the Common Property anything which adversely affects the outward appearance or state of repair of a Member's Lot or the Common Property or which may otherwise
affect the use and enjoyment of the Lots and Common Property or the Building by Members or occupiers;
(b) hang or place any washing on or from any balcony or in or from any window;
( c) use any balcony as a place of storage;
(d) place in a Member's Lot any window furnishings visible from outside a Member's Lot without the prior written consent of the Body Corporate which consent shall not be unreasonably withheld;
(e) keep a plant on a balcony if the planter which it is in allows water to drain through drainage holes in the planter unless the planter is in a container which will retain all water that drains from the planter;
(f) keep or allow anything belonging to a Member or occupier of a Member's Lot to be on any balcony or any part of the exterior of a Member's Lot after being given notice by the Body Corporate to remove that thing after the Body Corporate has resolved that the thing is causing a nuisance or adversely affects the use and enjoyment of the Building, Lots or Common Property by Members and occupiers;
(g) allow any garden, plant, balcony or open land forming part of the Lot to become unkept, overgrown or unsightly;
(h) without the prior written consent of the Body Corporate which shall not be unreasonably withheld, install or place, or permit to remain installed or placed, any air conditioning unit, fan or other appliance in such a position as to be visible from outside the Member's Lot;
2.6 Waste or Garbage
(a) store or keep waste or garbage other than in proper tightly secured receptacles in an area specified for such purpose by the Body Corporate or within the Member's Lot or as otherwise directed by the Body Corporate;
(b) put any garbage or refuse anywhere on the Common Property other than in garbage bins or containers so designated by the Body Corporate;
(c) put any type of waste or garbage in Body Corporate garb11ge bins or containers other than the type of waste designated for those bins;
(d) put any waste or garbage in Body Corporate garbage bins or containers unless securely tied in a plastic bag;
(e) put any waste or garbage in Body Corporate garbage bins or containers designated for use by members of the public;
(f) burn any rubbish or waste in or upon the Lot or the Common Property;
(g) throw, drop, or let fall any article or substance from or out of a Lot or the Common Property.
2.7 Signs
(a) without the prior written consent of the Body Corporate (which the Body Corporate may withhold its absolute discretion) and the Hotel Operator erect or display, or permit to remain erected or displayed, any placard, advertisement or sign in or about the Common Property or which is visible from outside the Member's Lot and which is incongruous or unsightly or detracts from the external appearance of the Building, and in particular the following matters relating to signage are prohibited;
(i) the use of any neon signs other than those which have the express written approval of the Body Corporate or the Hotel Operator (which the Body Corporate may in its absolute discretion withhold);(ii) any signage on doors and/or windows opening to or protruding on to or between the Common Property in any manner whatsoever other than those which have the express written approval of the Body Corporate (which the Body Corporate may in its absolute discretion withhold) or the Hotel Operator;(iii) any signage which interferes with or detracts in any way from any occupier's usage rights granted in respect of the Building including but not limited to the Hotel Operator's rights granted in respect of the Building;
and the Member must remove any sign, device, fitting, furnishing, ornament or
object immediately upon receipt of the Body Corporate's request to do so;
(b) put up signs, notices, advertisements, blinds, awnings, antennae or receiving dishes or install vending machines without the prior written approval of the Body Corporate and the Hotel Operator;
2.8 Alterations of Lots and Common Property
(a) make any alteration, addition to, paint or decorate the exterior of a Member's Lot without the prior written consent of the Body Corporate or the Hotel Operator;
(b) carry out or permit to be carried out any building work requiring a building approval under the Building Act 1993 ( or an equivalent enactment) unless:
(i) at least 21 days' written notice of intention to carry out the work, accompanied by proper plans and specifications of the work, has been(ii) given to the Body Corporate by the Member who owns the Lot on which the work is proposed to be carried out; and(iii) the Body Corporate gives its prior written approval of the work; and(iv) the work is carried out in accordance with such reasonable directions asthe Body Corporate may give; and(v) the work is carried out by a contractor approved in writing by the BodyCorporate; and(vi) the Member signs an indemnity prepared by the Body Corporate against all loss and damage caused directly or indirectly by the works; and( vii) the work complies with all laws; and(viii) the work does not detract or interfere with in any way the external appearance of the Building nor interfere with the business of any occupiers of the Building or rights granted to those occupiers including rights which may be granted to the Hotel Operator.
(c) make any alteration or addition to any part of the Common Property or to attach anything to any part of it;
(d) make any alteration to a Member's Lot which may cause or result in any damage or deterioration to the Building or any other Lot or the Common Property or which may otherwise adversely affect the use and enjoyment of the Building or other Lots
and the Common Property by other Member or occupiers.
2.9 Security
(a) reproduce any Security Key issued by the Body Corporate for the Common Property;
(b) do anything which may adversely affect the security protection of the Building or any Lot or Common Property including allowing a person not being a Member's or occupier's visitor or person authorised by the Body Corporate to enter Common
Property;
( c) keep or leave open or permit any security door or the door into any stairwell to be kept or left open for any purpose whatsoever;
2.10 Miscellaneous
(a) despite any other provision contained herein, the Member or the families or visitors of any such Member must not enter onto any part of the Common Property whilst the Member has leased the Member's Lot to the Hotel Opi:rator unless the Hotel
Operator has given its prior written consent.
(b) do anything whereby any policy of insurance taken out by the Body Corporate may become void or voidable or which may make the Body Corporate liable for increase in premium;
(c) hold or allow to be held in any Lot or on any part of the Common Property any sale or auction unless such sale or auction is approved by the Hotel Operator;
(d) keep any animal on a Member's Lot or the Common Property after being given notice by the Body Corporate to remove such animal after the Body Corporate has resolved that the animal is causing a nuisance;
(e) use or permit any Lift in the Building to be used to carry goods or furniture unless:
(i) reasonable prior notice of intention to do so has been given to the Building Manager; and(ii) the Lift is fitted with proper protective covers when being so used;
(f) permit any trades people or work people to be on a Lot or the Common Property:
(i) on a Saturday, Sunday or public holiday; or(ii) before 9.00 a.m. or after 5.00 p.m. on any other day;
(g) place or leave any item on the Common Property so as to obstruct the Common Property or an entrance to a Member's Lot;
(h) store any materials or goods on the Common Property except with the prior written consent of the Body Corporate and in accordance with the terms and conditions contained in that written consent;
(i) contravene any requirement of any authority having jurisdiction over the Member's Lot;
(j) bring in to or leave in the Building any bicycle or similar machine without the consent of the Body Coiyorate which consent shall not be unreasonably withheld;
(k) smoke in any part of the Common Property including without limitation in Lifts, passageways, foyers and stairs on the Common Property;
(l) use a business name that connects the business name with the Building or the Hotel Operator;
(m) use any method of heating, cooling or lighting any Lots other than those provided by the Body Corporate;
(m) interfere with directory boards provided by the Body Corporate;
(n) object to any application for a liquor licence or any other extended hours permit applied for by the Hotel Operator; and
interfere with the use of the Lot by the Hotel Operator.
3. Positive Obligations
A Member must and must ensure that the Member's families and visitors and occupiers of a Member's Lot will:
3.1 Accidents and Defects
(a) promptly notify the Body Corporate in writing of any accident occurring in the Building or on the Lots or Common Property or any defect in or damage to the Buildings, Lots or Common Property of which the Member becomes aware;
(b) promptly notify the Body Corporate in writing of any breakage or defect in water pipes, air conditioning ducts or equipment, electrical and light fittings, fixtures and services, and fire equipment of which the Member becomes aware;
3.2 Cleanliness
(a) keep the Member's Lot clean and in good repair and condition;
(b) take all reasonable steps to prevent infestation of the Member's Lot by vermin and insects;
(c) place its garbage or refuse receptacle for collection by the relevant local authority in each Member's designated place; •
3.3 Window Furnishings
At all times submit proposed window furnishings specifications to the Body Corporate and the Building Manager for their prior approval to ensure acceptable quality and compatibility with the general colour scheme of the Building.
3.4 Taps
Tum off all taps after use.
3.5 Directions by Body Corporate
Obey all reasonable directions given by the Body Corporate and the Building Manager in relation to the Common Property including, without limitation, for:
(a) the carriage of goods or furniture in lifts;
(b) the use of services; and
( c} no smoking policies.
3.6 Security
(a) secure that Member's Lot when it is unoccupied and comply with the Body Corporate's and the Building Manager's reasonable directions about the Building's security;
(b) at the Member's cost replace any Security Key which is issued to the Member by the Managing Agent;
(c) upon request account for all Security Key issued to the Member by the Body Corporate or the managing agent.
3.7 Windows
Replace all broken windows on balconies or terraces in a Member's Lot;
3.8 Emergencies
(a) participate in any emergency drill in the Building of which the Body Corporate or Building Manager gives reasonable notice;
(b) evacuate the Building immediately and in accordance with the directions of any representative of the Body Corporate or the Building Manager when informed of an actual or suspected emergency;
3.9 Trade
Only trade from the Building when the Lease to the Hotel Operator has expired (excluding any business conducted by the Hotel Operator) during the Building's standard trading hours being;
(a) 9.00 a.m. to 6.00 p.m. Monday to Saturday
(b) 10.00 a.m. to 5.00 p.m. Sunday
or otherwise instructed by the Body Corporate from time to time and as permitted by law.
3.10 Co-operation
(a) Each Member must work with the Body Corporate to promote and ensure the proper and orderly working and operation of the Building, common facilities, Common Property and the services contained therein.
(b) The Body Corporate may close, lock or otherwise control the Common Property from time to time and may take all actions as it deems necessary or appropriate to prevent and prohibit persons that it considers in its absolute discretion undesirable from entering the Common Property;
(c) Each Member must advise the Body Corporate of the private address and telephone number of the Member or if the Member is a company, the registered office of the company. Each Member must promptly inform the Body Corporate of any change in the address and/or telephone number and/or the registered office as the case may be;
(d) Each member is responsible for the costs of maintaining the air conditioning system within that Member's Lot;
(e) Each Members must incorporate these rules in any lease, licence or other occupancy agreement granted over a Lot.