Management Statement from a community

COMMUNITY MANAGEMENT STATEMENT
?????????????? ESTATE
VIA QUEANBEYAN

COMMUNITY MANAGEMENT STATEMENT

INDEX

PART 1

BY-LAWS FIXING DETAILS OF DEVELOPMENT

1.0 Architectural and Landscape Standards

1.1 Modifications and New Constructions by Community Association

1.2 Association Property and Common Property

1.3 Construction on Association Property and Common Property

1.4 No Inappropriate Use

1.5 Signs

1.6 Maintenance of Building on a Lot

1.7 Maintenance of Landscaped Areas on a Lot

PART 2

RESTRICTED COMMUNITY PROPERTY

2.0 Restricted Property

PART 3

MANDATORY MATTERS

3.0 Managing, Operation and Maintaining Community Property

3.1 The Dams

3.2 Internal Fencing

3.3 Garbage

3.3A Access Way

3.3B Services

3.4 Insurance

3.5 Executive Committee Proceedings

PART 4

OPTIONAL MATTERS

4.0 Behaviour by Proprietors and Occupiers

4.1 Compliance with Management Statement

4.2 Compliance with Laws

4.3 Keeping of Animals

4.4 Community Association’s Right to Enter into Contracts

4.5 Service Agreement

4.6 Private Services

4.7 Vehicles

4.9 Community Association’s Right to Recover Money

4.10 Reimbursement of Costs, Charges and Expenses

4.11 Things Done at Proprietor’s or Occupier’s Cost

4.12 Community Association Not Liable for Damage

4.13 Interest on Overdue Money

4.14 Rules

4.15 Notices to be Observed

4.16 Instructing Contractors

4.17 Certificate

4.18 Communications with Community Association

4.19 Communications from Community Association

4.20 Approvals by Community Association

4.21 Exhibition of By-Laws

PART 5

BY-LAWS REQUIRED BY PUBLIC AUTHORITIES

5.1 Flora and Fauna Management

5.2 Sewerage Scheme

5.3 Non Potable Water

5.4 Building Envelope

SCHEDULE 1: Consultant Reports.

PART 6

Interpretation

FORM 2
COMMUNITY LAND DEVELOPMENT ACT 1989

COMMUNITY LAND MANAGEMENT ACT 1989

COMMUNITY MANAGEMENT STATEMENT

WARNING

The terms of this Management Statement are binding on the Community Association, each Subsidiary Body within the Community Scheme and each person who is a proprietor, lessee, occupier or mortgagee in possession of a Community Development Lot, Neighbourhood Lot or Strata Lot within the Community Scheme.

This Management Statement should be read with reference to Part 6 (Interpretation).

PART 1

BY-LAWS FIXING DETAILS OF DEVELOPMENT

These By-Laws relate to the control and preservation of the essence or theme of the Community Scheme and as such may only be amended or revoked by a unanimous resolution of the Community Association in accordance with section 17(2) of the Community Land Management Act 1989.

THEME FOR ?????????????? ESTATE

?????????????? is a prestigious rural ??? residential ????community, providing the benefits of ?????????????

BY-LAW 1.0 ARCHITECTURAL AND LANDSCAPE STANDARDS

1.0.1 Binding Effects of Standards

Architectural Standards and Landscape Standards bind:
(a) the Community Association;
(b) each proprietor or occupier of a Lot;
(c) each Subsidiary Body;
(d) each mortgagee in possession of a Lot; and
(e) each lessee of a Lot.

1.0.2 Approvals required

The proprietor or occupier of a Community Development Lot must obtain approval for any building, landscaping, excavation, swimming pool or tennis court proposed to be constructed on the lot. A full copy of any Application in relation to that Lot, in a form approved by the Association, must be lodged with;
(a) the Original Proprietor for as long as the Original Proprietor owns a Lot in the Community Parcel; or
(b) the Executive Committee or the Community Association once the provisions of By-Law 1.02(a) cease to apply, or the Original Proprietor notifies the Community Association in writing that his obligations under section 1.0.2 are handed to the Association.
prior to carrying out any work on the Lot or lodging an Application with Council.

The Original Proprietor, Executive Committee or Community Association must, within 21 days after it has received a full copy of an Application, advise in writing that it either:
(a) consents to an Application either unconditionally or subject to conditions and detailing the conditions; or
(b) refuses to consent to the Application.

No work may be carried out unless consent has been granted.

The Original Proprietor, the Executive Committee or the Community Association must, when considering an Application have regard to:
(a) the size and shape of the Lot and the Building Envelope to which the Application relates;
(b) the character, location, siting, bulk, scale, shape, size, height, density, design or external appearance of the proposed development;
(c) the effect of that development on the landscape or scenic quality of ?????????????? Estate;
(d) the age, colour, texture and quality of the materials to be used;
(e) whether the proposed development is consistent with the overall “theme” ?????????????? Estate;
(f) whether adequate provision has been made for landscaping;
(g) consistency of external design with existing structures on the Lot;
(h) compliance with the By-Laws, any architectural and landscape standards or Rules in force at the time the Application is made; and
(i) any other matter that the Original Proprietor, Executive Committee or Community Association, acting reasonably, consider should be taken into account to maintain the theme and standard of the Estate.
(j) the Architectural Criteria set out herein

If the Original Proprietor, Executive Committee or the Community Association refuses an application or imposes conditions on an Application under this By-Law the Applicant may appeal to an independent party appointed by the President for the time being of the Institute or Chartered Architects (NSW Chapter). The person nominated is to act as an expert and not as an arbitrator. The expert’s decision is final and binding on the parties and the cost of the expert’s decision will be borne by the applicant.

1.0.3 Building Envelope

Each Lot has an identified building envelope. See “Concept Plan Building Envelopes” forming part of this statement. A building envelope may not be changed without the approval of Council.

All homes, garages and any other major outbuildings greater than 12 square metres in floor area (other than landscaping features), must be within the identified building envelope.

Recreation and landscape features (tennis courts, swimming pools, gazebos etc.) may be sited outside the building envelope, subject to prior written consent granted in accordance with By-Law 1.0.2.

1.0.4 Site Works – Specific Provisions

The owner of a Lot may not :
(a) construct a dam or bore on it.
(b) substantially alter the natural surface flows on the community development lot.
(c) remove naturally occurring bush rock in contravention of the NSW Threatened Species Act 1995.

The owner of a Lot may not:
(a) erect, place or allow any persons to reside in any form of temporary or demountable structure, including mobile homes, sheds, caravans and the like;
(b) erect or allow to be erected overhead power lines, telephone cables or communication cables (this By-Law does not apply to existing overhead lines);
(c) allow polluted water to enter any community property;
(d) substantially alter the landscape of the property by way of cuts or fills (in excess of 1.5 metres in height) or other significant earthworks without prior written consent of the parties referred to in By-law 1.0.2.

1.0.5 Housing and Out-buildings

The owner of a Lot may not:
(a) construct any dwelling house with a gross floor area (excluding garages, decks, carports, verandahs and the like) of less than 165 square metres;
(b) erect a dwelling unless at the same time as the dwelling is erected a garage or carport of similar design, standard and materials to the dwelling is erected, capable of accommodating at least two vehicles;
(c) erect any prefabricated, metal clad or hardiplank (or similar) clad garage or outbuilding, other than garden sheds or cubby houses comprised of low reflective materials with a maximum floor space of 8 square metres;
(d) erect any other outbuildings unless they are of similar design, standard and materials to the dwelling, and are sited so as to minimise any adverse impact to the overall appearance of the Lot and the ?????????????? Estate generally;
(e) occupy any dwelling until that dwelling is completed and a Certificate of Occupancy is issued by the Council
(f) create a clothes drying area unless such area is suitably screened from all public land, community areas, and all adjoining or nearby Lots with such screening to comprise minimum screen fencing or walling complimentary to the dwelling to a minimum height of 2.1 metres;
(g) allow open storage of materials or other goods on site unless fully screened from all public and community view and all adjoining or nearby Lots; or

1.0.6 Swimming Pools and Tennis Courts

The owner of a Lot may not:
(a) construct any swimming pool commonly referred to as an above ground pool;
(b) construct any swimming pool that protrudes to a height greater than 0.4 metres above natural ground level, without first obtaining approval from the parties referred to in By-Law 1.0.2; or
(c) construct a tennis court that requires any cut or fill in excess of 1.8 metres height. Suitable plans must be submitted to and approved by the parties referred to in By-Law 1.0.2.

1.0.7 Excavation, Retaining Walls etc
(a) Cut and fill operations on Lots are generally limited to a maximum of 1.5m depth. Any departure from this will require written approval by the Association, and will be assessed against the visual impact of any cut areas, fill batters or proposed retaining walls.
(b) Retaining walls greater than 1.5m are discouraged. Approval will be required for any walls proposed to exceed that height.
(c) All cut or fill areas must be appropriately treated with an approved form of wall, landscaping or a combination of both – details of proposed treatments should be submitted with application for building approval.
(d) Large exposed areas of blank brickwork below floor level will not be approved.

1.0.8 Driveways/Entries
(a) Each Lot has a defined drive entry point constructed.
(b) No second entry will be permitted, without the approval of the parties referred to in By-Law 1.0.2. Should an additional drive entry be approved the property owner will be required to construct an entry to match the existing. A back gate may be required by the Rural Fire Service.
(c) Owners of Lots will be responsible for the maintenance of the entry walls, fencing and gate(s) to the Lot.

1.0.9 Ancillary Structures

All external structures such as garden sheds (not larger than 12 sq.m) and clotheslines must be fully screened from general public view. That is, from all roads and public places such as adjoining community open spaces.

1.0.10 Landscaping
A landscape concept for the Lot must be submitted with the primary application for the erection of a dwelling on the Lot to the parties referred to in By-Law 1.0.2.

1.0.11 Guidelines for Architectural Design Criteria

Design Overview

Houses are to have a strong Australian rural character without being too imitative of the past.

Good modern energy-efficient design is sought with simple forms and details.
Such qualities would be achieved by ;
1) Good modern design without trendiness or architectural fads. Separate “pavilions” for living, sleeping and garage are desirable both for aesthetic reasons and for location flexibility. Pavilions, where used, are to be linked by covered passage/verandahs.
2) Structural balance, simplicity of detail and symmetry in the principal elevation
3) Garages desirably separate from the main house but of identical exterior appearance to give the separate “pavilion” effect .To avoid degrading the symmetry and structural balance of the house, garage entrances should not be part of the principal elevation of the house. Garages may be linked to the house by covered walkways.
4 )Roofs of Colourbond. Entrance porticos may be gabled to an acceptable detail. Dormer rooms are quite acceptable.
6) Wall construction of double brick, brick veneer, besser block or Hebel. Whatever the construction, the external walls must be bagged (or rendered) and painted. Unpainted brickwork is undesirable but may be approved, in exceptional circumstances, if texture, size and colour are acceptable.
8) House energy rating a minimum 5 star. “Greensmart” principles must be observed.
9) Ground floors as close to the natural ground surface as possible. At the same time excessive excavation for floor pads is to be avoided.
10) House orientation such as to maximise winter sunlight to living areas. Solar water heating is recommended. Roof appurtenances, chimneys excluded, must not be visible from the street.
11) Use of approved fences, or no fences, for the garden area immediately around the house. Exotic plants from an approved list are permitted in the garden area confined to 20 metres from house walls (the purpose of the approved list is to minimize propagation of undesirable plants into sensitive bushland)

BY-LAW 1.1 MODIFICATIONS AND NEW CONSTRUCTIONS BY COMMUNITY ASSOCIATION

The Community Association must, in respect of any development on community property comply with the intent of any Architectural and Landscaping Standards in force for ?????????????? Estate.

BY-LAW 1.2 ASSOCIATION PROPERTY AND COMMON PROPERTY

(a)The proprietor or occupier of a Lot must not do anything to interfere with, damage, deface or obstruct the use of Community Property without the prior written consent of the Association.
(b) The proprietor or occupier of a Lot must promptly notify the Association of any damage to or defect in Community Property

BY-LAW 1.3 CONSTRUCTION ON COMMUNITY PROPERTY

The proprietor or occupier of a Lot must not without the prior written consent of the Association:
(a) construct any building or structure on Community Property;
(b) attach anything to Community Property
(c) alter Community Property.

A proprietor or occupier must maintain and keep in a state of good repair any construction, structure, attachment or alteration made by that proprietor or occupier under By-Law 1.3 unless otherwise required by the relevant Association.

Provided there is sufficient interest from a sufficient number of lot owners to make the project viable, a horse stabling complex will be built on Association property. Lot owners may elect to purchase one or more stalls in that complex. The price and terms of payment will be set by the Original Proprietor or the Community Association if the Original Proprietors interest was terminated in the development. The price will contain no profit but will be set to ensure a cost over-run contingency. Construction is contingent on design and location approval by the Original Proprietor, who will nominate the Architect. Normal Council approvals will be required.

BY-LAW 1.4 NO INAPPROPRIATE USE

The proprietor or occupier of a Lot must not use anything on the Community Parcel for any purpose other than that for which it was intended.

BY-LAW 1.5 SIGNS

Any sign, other than the standardised property name, displayed by a proprietor or occupier of a Lot must be approved in accordance with By-Law 1.0.2.

BY-LAW 1.6 MAINTENANCE OF BUILDING ON LOT

The proprietor or occupier of a Lot must keep the Lot including, without limitation, the exterior of the building on the Lot, clean and in good repair and condition.

The proprietor or occupier of a Lot must carry out all maintenance and repairs to the exterior of the building on the Lot in a proper and workmanlike manner to the reasonable satisfaction of the Community Association in accordance with any Architectural Standards and, without limitation, with materials of the same or similar quality as those used in the construction of the building.

The Community Association may give notice to the proprietor or occupier of a Lot requiring that proprietor or occupier to comply with the terms of this By-Law.

BY-LAW 1.7 MAINTENANCE OF LANDSCAPED AREAS ON LOT

The proprietor or occupier of a Lot must keep the landscaped areas of the Lot clean and tidy and in good repair and condition.

The proprietor or occupier of a Lot must carry out all maintenance and repairs in a proper and workmanlike manner to the reasonable satisfaction of the Community Association.

See also By-law 5.1

PART 2 RESTRICTED COMMUNITY PROPERTY

By-LAW 2.0

This By-Law may not be amended during the initial period, except by order of the Supreme Court or the Board, and may only be amended after the expiry of that initial period by special resolution.

PART 3

MANDATORY MATTERS

BY-LAW 3.0 MANAGING, OPERATING AND MAINTAINING COMMUNITY PROPERTY

The Association must contract with persons to provide for the management, maintenance, control and administration of Community Property.

The Community Property may be used to agist sheep in accordance with provisions established by the Original Proprietor.

For the benefit of all proprietors and occupiers the Community property may not be used:
(a) to agist any animals other than approved;
(b) for dumping or storage (temporary or permanent) of any waste, including grass clippings, prunings or any other solid or liquid wastes;
(c) for the exercise of any animal unless the animal is under adequate supervision and control;
(d) for the exercise of any animal if that animal threatens the safety or well being of any sheep, native animals or birds frequenting the community property;
(e) for the riding of any trial bike, mini bike or any other form of motorised bike, other than the riding of registered motor bikes on the Open Access ways. Persons possessing agistment rights and Restricted Property Rights, or their agents, are exempted from this requirement.
(f) for the driving of any motorised vehicle or car (other than a registered vehicle on the Open Access ways) unless otherwise authorised by the Community Association.
(g) for the sustenance of horses. Horse owners must supply bought-in feed to fully provision each animal.

The Association may fence off part of the Community Property for use for grazing of horses and may change the fences, at any time, provided:
(a) it does not contain an area more than one eighth of the Community Property area; and
b) it does not prohibit access to a Lot.

BY-LAW 3.1 THE DAMS ???????

There are ????? Dams located on Community Property . The purpose of the Dams is to:
(a) promote the visual appeal of ?????????????? Estate;
(b) enhance the habitat for native birds and animals;
(c) provide water for irrigation of landscaped areas within Community Property.
(d) provide storage in accordance with Harvestable Right Entitlements and for non-portable water storage; and
(e) provide soil erosion control.

The Dams are available for recreational purposes subject to this By-Law and By-Law 2.0. Proprietors and Occupiers of Lots must accompany and be responsible for their visitors at all times when they use the Dams.

When an owner or occupier uses the Dams, all reasonable steps must be taken;
(a) to ensure that there is no interference with the peaceful enjoyment of other owners and occupiers;
(b) to not create an environmental hazard (eg by using detergents in the Dams);
(c) to not interfere with the bird or native animal life in or around the Dams; and
(c) to ensure the safety of all persons (including visitors) in the vicinity of the Dams.

Removal, construction, re-design or modification of dams will require the approval of Council and the Department of Land and Water Conservation.

BY-LAW 3.2 INTERNAL FENCING

Where fencing is constructed between a Lot and Community Property the proprietor of a Lot is solely responsible for the cost of maintenance and repair of the fence. In all other situations the Dividing Fences Act of 1991 shall apply.

A Proprietor or Occupier shall maintain boundary fencing to a standard sufficient to prevent animals passing to and from it. Lot fence design has been set down in the Flora and Fauna report (Geoff Butler and Associates) which accompanies this Statement. All other fencing is to observe the requirements of Council’s DCP 3.

All lot boundaries, road reserves etc. shown on plan are to be fenced.
i) Road Frontages & Public Open Areas.
The requirements of Yarralumla Shire Council’s DCP No. 3 must be observed.
ii) Lot Boundaries (in accordance with recommendations of the ecological consultant)

Wire netting or barbed wire is not permitted. All fences must conform to the following: -
• Strainers every 100-120 metres, depending on soil conditions
• Five steel posts per 20 metres
• One top wire,10 gauge, full length
• One bottom wire, 10 gauge, full length
• One intermediate wire, 10 gauge, full length
• One carry wire, 10 gauge, full length
• 790/30 hinge joint, ringlock or equivalent, 3 ties on each wire between each post.

BY-LAW 3.3 GARBAGE AND WASTE

Garbage is not to be deposited on Community Property.

The proprietor or occupier of a Lot must keep any garbage bin on the Lot hidden from view from outside the Lot and so that it does not emit odours outside the Lot.

The proprietor or occupier of a Lot must store used bottles, boxes and containers, waste paper and other similar items so that they are hidden from view outside the Lot.

The proprietor or occupier of a Lot must ensure that garbage is disposed of in accordance with arrangements entered into by the Community Association.

BY-LAW 3.3.A ACCESS WAYS

All access ways within the Community Parcel shall be “Open Access Ways”.

The location of the Open Access Ways within the Community Scheme is shown on the site plan filed as part of the Management Statement.

The Executive Committee is responsible for the day-to-day management of the Open Access Ways and the enforcement of any laws or Association By-Laws affecting the Open Access Ways.

The Association may, by ordinary resolution, make By-Laws relating to the control, management, use and maintenance of the Open Access Ways. Until otherwise resolved, the Association has the power (subject to any relevant law) to control, manage and maintain the Open Access Ways in its absolute discretion. The minimum limits on the use of the Open Access Ways shall be those that apply to a public road.

BY-LAW 3.3.B SERVICES

The following services shall be available to the Community Parcel and shall be the responsibility in respect of care, maintenance, repair and replacement, of the relevant statutory authority or other body listed below:
(1) non-potable water to boundaries the Association
(2) reticulated sewerage systems the Association
(3) telecommunications Telstra
(4) electric power supply Great Southern Energy

A Proprietor may not permit the erection of overhead power lines on a Lot without approval of the parties referred to in By-Law 1.0.2.

Any irrigation system installed to maintain Community Property is the responsibility of the Association.

If any non-potable water supply (including any bores, dams, pumps, tanks, supply lines or other related infrastructure) is installed, this is to be the responsibility of the Association up to the point of connection to each Lot. From that point to any improvements or supply point on any Lot, the maintenance and repair of the water supply system and the meter required to be installed on the water supply line shall be the responsibility of the proprietor of the Lot.

From the non-potable water supply system installed, each proprietor will be permitted to use 200,000kl of water per calendar year before the Association may impose a fee for the balance of water consumed. The volume of water available for use by the proprietors is limited by the capacity of the Association to provide water. Each proprietor must install a water meter to measure water usage. The Association shall keep a record of water use and may, in its absolute discretion, impose water rationing when necessary. It is hoped that at least 750,000kl of water per calendar year will be available to each lot. no guarantee is given or implied, as to quality, quantity or water pressure at lot boundaries.

BY-LAW 3.4 INSURANCE

The Community Association must on an annual basis review:
(a) all insurances effected by it; and
(b) the need for new or additional insurances.

Notice of an Annual General Meeting must:
(a) include a form of motion to decide whether insurances effected by the Community Association should be confirmed, varied or extended; and
(b) The Community Association must immediately effect new insurances and vary or extend existing insurances if there is an increase in risk or a new risk to Community Property.

A proprietor or occupier of a Lot must not, except with the prior written consent of the Community Association, do anything that might invalidate, suspend or increase the premium for any insurance policy effected by the Community Association

BY-LAW 3.5 EXECUTIVE COMMITTEE PROCEEDINGS

3.5.1 Constitution

The Executive Committee of the Community Association must be established in accordance with division 2 part 2 of the Management Act.

3.5.2 Meetings

Subject to By-Laws 16.8 and 16.9 the Executive Committee may, meet to conduct business, adjourn and otherwise regulate its meetings as it thinks fit.

3.5.3 Notice of Meetings

The Secretary or the member of the Executive Committee who convenes a meeting must, not less than 72 hours immediately before the Executive Committee holds a meeting post a notice on the Community Association notice board and notify each member of the Executive Committee by way of post or letterbox drop.
(a) the notice of intention to hold the meeting; and
(b) the proposed agendas for the meeting.

3.5.4 Meeting Agenda

The agenda for a meeting must include details of all business to be dealt with at that meeting.

No business may be dealt with at a meeting unless details of that business are set out in the agenda for that meeting.

3.5.5 Place of Meetings

Meetings must be held within a radius of 1km from the Community Parcel or at the office of the Managing Agent or at a place determined by the Managing Agent as a suitable venue for all proprietors.

3.5.6 Meeting at Request of Members

The Secretary or in the Secretary’s absence any member of the Executive Committee must, at the request of not less than 1/3 of the members of the Executive Committee, convene a meeting within the period of time specified in the request or, if no time is specified, within 14 days of the making of the request.

3.5.7 Out of Meeting Determinations

Where:
(a) By-Law has been complied with in relation to a meeting;
(b) each member of the Executive Committee has been served with a copy of a motion for a proposed resolution to be submitted at the meeting; and
(c) the resolution has been approved in writing by a majority of members of the Executive Committee.

then the resolution will, subject to section 38(3) of the Management Act, be as valid as if it had been passed at a duly convened meeting of the Executive Committee even though the meeting was not held.

3.5.8 Right of Proprietor to Attend Meetings

A proprietor of a Lot or, where the proprietor is a corporation, the company nominee of the corporation, may attend a meeting but may not address the meeting unless authorised by a resolution of the Executive Committee.

3.5.9 Minutes of Meetings

Minutes of meetings must be kept properly and held with the minutes of the General Meetings of the Community Association. The Association must make the minutes available to proprietors of Lots on request.

3.5.10 Functions of the Secretary

The Functions of the Secretary include:
(a) preparing and distributing minutes of meetings of the Community Association and the Executive Committee;
(b) giving, on behalf of the Community Association and the Executive Committee, notices required to be given under the Management Act;
(c) maintaining the Community Association roll;
(d) supplying certificates in accordance with clause 2 schedule 4 of the Management Act;
(e) answering communications addressed to the Community Association or the Executive Committee;
(f) convening meetings of the Executive Committee and the Community Association (other than the First Annual General Meeting);
(g) performing administrative or secretarial functions on behalf of the Community Association;
(h) performing administrative or secretarial functions on behalf of the Executive Committee, and
(I) keeping records under part 3 schedule 1 of the Management Act.

3.5.11 Functions of the Treasurer

The Functions of the Treasurer include:
(a) the Functions set out in section 36 (1) and (2) of the Management Act;
(b) notifying proprietors of Lots and Subsidiary Bodies of any contributions levied under the Management Act;
(c) receiving, acknowledging, banking and accounting for any money paid to the Community Association;
(d) preparing any certificate applied for under paragraphs (b), (c), (d), (e) and (f) of clause 2 schedule 4 of the Management Act;
(e) keeping prescribed accounting records under clause 10 schedule 1 of the Management Act;
(f) preparing financial statements under clause 11 schedule 1 of the Management Act;
(g) notifying proprietors of Lots and Subsidiary Bodies of any contribution levied under the Management Statement and collecting such contribution.

3.5.12 Sub-Committees

The Executive Committee may from time to time appoint sub-committees comprising one or more of its members to:
(a) conduct investigations;
(b) perform duties and functions on behalf of the Executive Committee; and
(c) report the findings of the sub-committee to the Executive Committee.

3.5.13 No Remuneration

Members of the Executive Committee are not entitled to any remuneration for the performance of their Functions but are entitled to reimbursement for reasonable out of pocket expenses incurred by them in the performance of their Functions.

3.5.14 Protection of Executive Committee members from Liability

No member of the Executive Committee will be liable for any loss or damage occurring by reason of an act done in his capacity as a member of the Executive Committee except fraud or negligence on the part of that member.

PART 4

OPTIONAL MATTERS

BY-LAW 4.0 BEHAVIOUR BY PROPRIETORS AND OCCUPIERS

A proprietor of a Lot must not:
(a) behave in a manner likely to interfere with the peaceful enjoyment of a proprietor or occupier of another Lot or of any person lawfully using Association Property or Common Property; or
(b) obstruct lawful use of Association Property or Common Property by any person.

BY-LAW 4.1 COMPLIANCE WITH MANAGEMENT STATEMENT

A proprietor or occupier of a Lot must take all reasonable steps to ensure that invitees of the proprietor or occupier comply with the Management Statement. If an invitee does not comply with the Management Statement the proprietor or occupier must take all reasonable steps to ensure the invitee immediately leaves the Parcel.

BY-LAW 4.2 COMPLIANCE WITH LAWS

A proprietor or occupier of a Lot must at the proprietor’s own expense promptly comply with all laws relating to the Lot including, without limitation, any requirements, notices and orders of any government agency.

BY-LAW 4.3 KEEPING OF ANIMALS

A proprietor of a Lot may not:
(a) keep any hoofed animals on a Lot.
(b) keep any horses on a Lot.
(c) keep any cat, but may keep up to two dogs of a breed that is unlikely to molest sheep.
(d) use any Lot or Community Property for the purpose of commercial animal breeding, boarding or training establishments.

A proprietor of a Lot who keeps an Animal on a Lot or brings an Animal on any other part of the Community Parcel:
(a) must ensure that the animal is at all times kept under control and within the confines of the Lot unless accompanied by the proprietor when on any other part of the Community Parcel;
(b) must, when on any other part of the Community Parcel, keep the Animal tethered;
(c) is liable to any persons lawfully on the Community Parcel for any noise which is disturbing to an extent which is unreasonable and for damage to or any loss of property or injury to any person caused by the animal;
(d) is responsible for cleaning up after the animal has used any part of another Lot or any other part of the Community Parcel; and
(e) must accept that an unattended dog on any part of the Community Parcel is subject to impoundment or destruction if it may reasonably be regarded as a threat to sheep.

Nothing in this Management Statement precludes any person from keeping a guide dog on any Lot.

BY-LAW 4.4 COMMUNITY ASSOCIATION’S RIGHT TO ENTER INTO CONTRACTS

The Community Association may, on its own behalf or on behalf of each Subsidiary Body and in addition to its obligations under By-Law 3.0, contract with persons to provide services or amenities to the proprietors or occupiers of Lots or other services or amenities in connection with Community Property.

BY-LAW 4.5 SERVICE AGREEMENTS

The Community Association is empowered, during the initial period to enter into agreements with persons to provide for the management, control, security and administration of the Community Parcel. The effect of the agreements are disclosed for the purposes of section 24(2)(a) of the Management Act and may provide for:
(a) a term not exceeding 5 years, with rights for early determination by either the Community Association or the contractor.
(b) the cleaning, caretaking, security, supervision and service of the Community Property or any personal property vested in the Community Association and for the general repair and maintenance or renewal and replacement of that property;
(c) the arbitration of disputes between the Community Association and the contractor;
(d) the control and supervision of the Community Parcel generally; and
(e) anything else which the Community Association agrees is necessary or desirable having regard to the operational and management requirements of the Community Association.

BY-LAW 4.6 PRIVATE SERVICES

The Community Association may, on its own behalf:
(a) provide Private Services to the proprietor or occupier of a Lot;
(b) arrange for the installation and maintenance of Service Lines for the provision of Private Services; and
(c) contract with persons to monitor or provide, Private Services.

The proprietor or occupier of a Lot must not without the written consent of the Community Association carry out any works which interferes with Services or obstruct access to, overload or damage Services.

A proprietor or occupier of a Lot must promptly notify the Community Association of any damage to or defective services.

BY-LAW 4.7 VEHICLES

An owner or occupier of a Lot may not:
(a) keep a vehicle of over 3 tonnes capacity on a Lot without the consent of the Community Association.
(b) regularly park on a Lot or on any adjacent open access way any semi-trailers, earth moving equipment (eg backhoes, bulldozers, excavators, etc - but excluding bob-cats) or similar vehicles;
(c) regularly park on a Lot or on any adjacent private or public access way or Community Property any other commercial vehicle unless wholly contained within a garage or carport built in compliance with the management statement.

All vehicles, caravans, trailers, horse floats etc must be accommodated in approved carports, garages or screened areas, built in accordance with the By-Laws contained in this Management Statement.

No trail bike, motorcycle, 4WD or other recreational vehicle shall be ridden or driven within the Community Property or any Community Lot (except for ingress and egress) without the permission of the Community Association.

BY-LAW 4.9 COMMUNITY ASSOCIATION’S RIGHT TO RECOVER MONEY

The Community Association may recover any money owing to it under these By-Laws as a debt.

BY-LAW 4.10 REIMBURSEMENT OF COSTS, CHARGES AND EXPENSES

A proprietor or occupier of a Lot must pay or reimburse the Community Association on demand for any expenses of the Community Association in connection with the contemplated or actual enforcement or preservation of any rights under these By-Laws in relation to the proprietor or occupier.

The cost, charges and expenses under By-Law include, without limitation, expenses incurred in retaining any independent consultant or other person to evaluate any matter of concern and its administration costs in connection with those events.

BY-LAW 4.11 THINGS DONE AT PROPRIETOR’S OR OCCUPIER’S COST

Anything which a proprietor or occupier of a Lot is required to do under the By-Laws must be done at the cost of the proprietor or occupier.

BY-LAW 4.12 COMMUNITY ASSOCIATION NOT LIABLE FOR DAMAGE

The Community Association is not liable for damage to or loss of property of injury to any person in or near the Community Parcel due to any cause other than the negligence or fraud of the Community Association or any employee or agent of the Community Association.

BY-LAW 4.13 INTEREST ON OVERDUE MONEY

A proprietor or occupier of a Lot must pay the Community Association interest on any amount, other than a contribution levied by the Community Association under the Management Act, that has become due for payment and remains unpaid from and including the date it becomes due for payment.

If a contribution is unpaid when it falls due, it bears, until paid, simple interest at an annual rate of 10 per cent.

Nothing in this By-Law prevents the Community Association from recovering any amount exceeding the interest calculated under this By-Law as a consequence of any amount not being paid when due and all associated recovery costs.

BY-LAW 4.14 RULES

With the exception of the Restricted Property, the Community Association may make Rules relating to the control, management, operation, use and enjoyment of the Community Parcel including, without limitation:
(a) the control, management, operation and use of the Community Property; and
(b) the storage, disposal and collection of garbage.

The Community Association may at any time add to or change the Rules. An addition or change to a Rule may not be inconsistent with the Management Act, the Development Act these By-Laws or the Development Consent.

Rules bind a proprietor, occupier, mortgagee in possession and lessee of a Lot.

BY-LAW 4.15 NOTICES TO BE OBSERVED

A proprietor or occupier of a Lot must comply with the terms of any notice displayed on Community Property by the Community Association, Service Provider or other relevant authority.

BY-LAW 4.16 INSTRUCTING CONTRACTORS

A proprietor or occupier of a Lot must not directly or indirectly instruct agents, employees or contractors of the Community Association unless authorised to do so by the Community Association.

BY-LAW 4.17 CERTIFICATE

A certificate signed by the Community Association its Managing Agent or the Secretary about a matter or a sum payable to the Community Association in Connection with the By-Laws is prima facie evidence of the amount or any other factual matter stated in it.

BY-LAW 4.18 COMMUNICATIONS WITH COMMUNITY ASSOCIATION

Any complaint, notice, request or application to the Community Association must be addressed in writing to the Managing Agent.

BY-LAW 4.19 COMMUNICATIONS FROM COMMUNITY ASSOCIATION

Any approval, notice or authorisation by the Community Association under these By-Laws must be in writing.

BY-LAW 4.20 APPROVALS BY COMMUNITY ASSOCIATION

The Community Association may give conditionally or unconditionally or withhold its approval under these By-Laws in its absolute discretion unless expressly provided otherwise in the By-Laws.

BY-LAW 4.21 EXHIBITION OF BY-LAWS

A copy of these By-Laws must be kept by the Executive Committee and be available for inspection by proprietors or occupiers of Lots.

PART 5

PUBLIC AUTHORITY BY-LAWS

These By-Laws may not be amended without the approval of the Council.

BY-LAW 5.1 FLORA AND FAUNA MANAGEMENT

For Flora and Fauna description see Schedule 1.

5.1.1 Flora Communities - Management
The Association is required to negotiate a Property Agreement as provided for under the Native Vegetation Conservation Act 1997 and to work with the Department of Land and Water Conservation and the NPWS in the rehabilitation of the whole subdivision including that area referred to in Clause 5.1.3 hereunder. It is desired that an exemplary level of environmental awareness be achieved. By these means the future amenity and hence value of the whole property will be greatly increased.

(a) A proprietor of a Lot must minimise any removal of or damage to trees particularly by avoiding changing surface or subterranean conditions in the vicinity of them (see the Butler report in Schedule 1). Tree preservation and regeneration of indigenous native species are of fundamental importance to the environment. Proprietors are required to ensure that native vegetation is protected and its regeneration is encouraged.
(b) Vehicles, hooved animals and significant structures, must, where possible, be kept away from trees.
(c) New planting of the same species mix shall be positioned to ensure ongoing cover when existing specimens have died or been removed.
(d) Existing trees should be fenced during nearby building activity.
(e) Cultivation and disturbance of the surface beneath tree canopies must be avoided.
(f) Coring and fertilising of lawns with organic fertilisers is to be avoided.
(g) Pruning by professionals is recommended so that canopies are balanced.
(h) Old and dead trees require retention as animal habitat.

5.1.2 Weed Management
The Association will design and comply with a weeding program for the Community Property.

The Association will arrange for a two yearly inspection of the Property by an appropriately qualified person and shall take whatever reasonable action is necessary to eliminate weeds. Weeds are identified in the report “Flora and Fauna Assessment” (see Schedule 1).

5.1.3 Rehabilitation of Woodland Area

BY-LAW 5.4 BUILDING ENVELOPE
The Building Envelopes, referred to in By-Law 1.0 may be varied only with the consent of Council and the unanimous consent of the Association.

SCHEDULE 1 CONSULTANTS REPORT
1) Flora and Fauna
(a) “These reports provides information on all species that do, or may, exist on the property and supply information as to their protection and conservation. They identify important animal habitats and emphasise the fundamental need to conserve bush rock and live and dead trees that are the habitat of animals and birds. Particular attention is given to threatened species. The National Parks and Wildlife Service have approved these reports.

The reports are required to be used as the reference source for Weeds and, when replanting is undertaken, for Acceptable Indigenous Species. At a

3) Effluent Disposal

“Effluent Disposal Options for ?????????????? Community Title Subdivision” June 2000 Soil and Land Conservation Consulting.

The report finds that three options will provide acceptable means of disposal. Two of these involve disposal on each residential lot. T

These reports and a further listing of acceptable exotic plant species (see above) will be available for inspection at the office of the Managing Agent.

SIGNATURES, CONSENTS AND APPROVALS

DATED day of


THE COMMON SEAL of )

is affixed in accordance with its articles of )

association in the presence of: )

............................................................... ............................................................

Signature of authorised person Signature of authorised person

............................................................... .............................................................

Office held Office held

............................................................... .............................................................

Name of authorised person (block letters) Name of authorised person (block letters)


CERTIFICATE OF APPROVAL

It is certified:
(a) that the consent authority has approved of the development described in Development Application, and
(b) that the terms and conditions of this Management Statement are not inconsistent with that development as approved.

Date: ......................................................

Signature on behalf

of consent authority .....................................................................................................

PART 6

INTERPRETATION
The following words have these meanings in the By-Laws unless the contrary intention appears:

“Animal” means an animal, insect, reptile or bird.

“Annual General Meeting” means an annual general meeting of the Community Association other than the First Annual General Meeting.

“Applicant” means a proprietor or occupier of a Lot or a Subsidiary Body who makes an application to he Original Proprietor or Executive Committee under By-Law 1.

“Architectural Standards” means the architectural standards contained in By-Law 1.

“Association” means the Community Association or a Neighbourhood Association.

“Association Property” means:
(a) in relation to the Community Scheme - the Community Property in the scheme; or

“Board” means the Community Schemes Board constituted under the Management Act.

“By-Law” means a by-law included in this Management Statement.

“Community Association” means the corporation that:
(a) is constituted by section 25 of the Development Act on registration of the Community Plan; and
(b) is established as a community association by section 5 of the Management Act.

“Community Development Lot” means a lot in the Community Plan which is not Community Property, a public reserve or a drainage reserve and is not land that has become subject to Subsidiary Scheme or a lot that has been severed from the Community Scheme.

“Community Parcel” means the land the subject of the Community Scheme.

“Community Plan” means deposited plan number.

“Community Property” means Lot 1 in the Community Plan.

"Community Scheme” means:
(a) the subdivision of land by the Community Plan;
(b) the subdivision of land in the Community Plan by a Neighbourhood Plan or a Strata Plan;
(c) the proposals in any related development contract; and
(d) the rights conferred, and the obligations imposed, by or under the Community Title Legislation and the Strata Titles Act 1973 in relation to the Community Association, Community Property, the Subsidiary Schemes and persons having interest in or occupying Lots.

“Community Titles Legislation” means the Development Act, the Management Act or cognate legislation.

“Council” means the Yarrowlumla Shire Council.

“Developer” means the proprietor or proprietors for the time being of a Community Development Lot in the Community Plan.
“Development Act” means the Community Land Development Act 1989 and regulations in made under it.
“Development Activities” means:
(a) any form of demolition work, building work or work ancillary to or associated with building work on the Community Parcel including without limitation, the installation of Services.
(b) any form of landscaping work or work ancillary to or associated with landscaping work on the Community Parcel;
(c) any form or work other than the forms of work referred to in paragraphs (a) and (b) of this definition which is considered necessary or desirable by the proprietors for the time being of all Community Development Lots;
(d) the use of any part of the Community Parcel in connection with the forms of work referred to in paragraphs (a) to (c) of this definition; or
(e) the subdivision of land forming part of the Community Parcel.

“Executive Committee” means the executive committee of the Community Association constituted or elected from time to time under the Management Act.

“First Annual General Meeting” means the General Meeting convened and held under section 9 of the Management Act.

“Function” includes a power, authority and duty.

“General Meeting” means an annual general meeting or a special general meeting of the Community Association.

“Landscape Standards” means the landscape standards prescribed from time to time by the Community Association in respect of Community Property.

“Lot” means a Community Development Lot, a Neighbourhood Lot or a Strata Lot.

“Management Act” means the Community Land Management Act 1989 and regulations made under it.

“Managing Agent” means an agent appointed under section 50 of the Management Act.

“Managing Statement” means the statement registered with the Community Plan from time to time added to, modified or amended in accordance with the Community Titles Legislation.

“Open Space Area” means that part of the Community Property shown as the open space area on the Concept Plan and includes the floodway and retention basins.

“Original Proprietor” has the same meaning as in the Development Act.

“Prescribed Diagram” means the diagram relating to the Service Lines with the Community Plan and prescribed in section 36 of the Development Act.

“Private Service” means a service running through or servicing Lots, Association Property or Common property which is not a Statutory Service.

“Rules” means the rules made under By-Law 32.

“Secretary” means the secretary of the Community Association.

“Service” means a Statutory Service or a Private Service.

“Service Line” means a pipe, wire, cable, duct, conduit or pole by means of which a service is provided or is to be provided the location of which is illustrated in the Prescribed Diagram.

“Service Provider” means a statutory service provider and any authorities or corporations assuming their Functions.

“Sinking Fund” means the sinking fund referred to in 12 part 4 of schedule 1 of the Management Act.

“Statutory Service” means a service running through or servicing Lots, Association Property or Common Property provided by a Service Provider.

“Subsidiary Body” means a Neighbourhood Association or a Strata Corporation of the Community Scheme.

“Subsidiary Scheme” means a Neighbourhood Scheme or a Strata Scheme.

“Treasurer” means the treasurer of the Community Association.

In the By-Laws unless the contrary intention appears:
(a) a reference to an instrument includes any variation or replacement of it;
(b) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations amendments, re-enactments or replacements of any of them;
(c) the singular includes the plural and vice versa;
(d) the word “person” includes a firm, a body corporate, an association or an authority;
(e) a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including, without limitation persons taking by novation) and assigns;
(f) a reference to a day is a reference to the period of time commencing at midnight and ending 24 hours later; and
(g) headings are inserted for convenience and do not affect the interpretation of this Management Statement.

Unenforceability of a part or provision of these By-Laws does not effect the enforceability of any the part or provision.

The Community Association may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by the Community Association does not prevent a further exercise of that or of any other right, power or remedy. Failure by the Community Association to exercise or delay in exercising a right, power or remedy does not prevent its exercise.

A reference to an authority, institute, association or body or to any officer of them is in the event of that authority, institute, association, body or officer ceasing to exist or being reconstituted, renamed or replaced or of their respective powers or functions being transferred to any other organisation or person deemed to be a reference to the organisation or officer established, constituted or appointed in lieu of or as replacement for or which or who serves substantially the same purposes or subject of that authority, institute, association, body or officer.