BY LAWS – CROWN GARDENS
As at 1 July 2002

Note: The matters that were previously contained in By-laws 1-11 Schedule 1 to the Strata Schemes (Freehold Development) Act 1973 and Schedule 3 to the Strata Schemes (Leasehold Development) Act 1986 have been included as provisions of this Act and are therefore no longer by-laws.

1. NOISE (By Law 1)

An owner or occupier of a lot must not create any noise on the parcel likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.

2. VEHICLES (By Law 2)

An owner or occupier of a lot must not park or stand any motor or other vehicle on common property except with the written approval of the owners corporation

3. DAMAGE TO LAWNS AND PLANTS ON COMMON PROPERTY (By Law 4)

An owner or occupier of a lot must not:

(a) damage any lawn, garden, tree, scrub, plant or flower being part of or situated on common property; or

(b) use for his or her own purposes as a garden any portion of the common property.

4. BEHAVIOUR OF INVITEES (By Law 8)

An owner or occupier of a lot must take all reasonable steps to ensure that invitees of the owner or occupier do not behave in a manner likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or any person lawfully using common property.

5. DEPOSITING RUBBISH AND OTHER MATERIAL ON COMMON PROPERTY (By Law 9)

An owner or occupier of a lot must not deposit or throw on the common property any rubbish, dirt, dust or other material likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using the common property.

6. DRYING OF LAUNDRY ITEMS (By Law 10)

An owner or occupier of a lot must not, except with the consent in writing of the owners corporation, hang any washing, towel, bedding, clothing or other article on any part of the parcel in such a way as to be visible from outside the building other than on any lines provided by the owners corporation for the purpose and there only for a reasonable period.
 

7. CLEANING WINDOWS AND DOORS (By Law 11)

An owner or occupier of a lot must keep clean all glass in windows and all doors on the boundary of the lot, including so much as is common property.

8. STORAGE OF INFLAMMABLE LIQUIDS AND OTHER SUBSTANCES AND MATERIALS (By Law 12)

(1) An owner or occupier of a lot must not, except with the approval in writing of the owners corporation, use or store on the lot or on the common property any inflammable chemical, liquid or gas or other inflammable material.
(2) This by-law does not apply to chemicals, liquids, gases or other materials used or intended to be used for domestic purposes, or any chemical, liquid, gas or other material in a fuel tank of a motor vehicle or internal combustion engine.

9. FLOOR COVERINGS (By Law 14 – Sch 1)

(1) An owner of a lot must ensure that all floor space within the lot is covered or otherwise treated to an extent sufficient to prevent the transmission from the floor space of noise likely to disturb the peaceful enjoyment of the owner or occupier of another lot.
(2) This by-law does not apply to floor space comprising a kitchen, laundry, lavatory or bathroom.

10. NOTICE BOARD (By Law 18)

An owners corporation must cause a notice board to be affixed to some part of the common property.

11. CHANGE IN USE OF LOT TO BE NOTIFIED (By Law 19)

An occupier of a lot must notify the owners corporation if the occupier changes the existing use of the lot in a way that may affect the insurance premiums for the strata scheme (for example, if the change of use results in hazardous activity being carried out on the lot, or results in the lot being use for commercial or industrial purposes rather than residential purposes).

12. OBSTRUCTION OF COMMON PROPERTY (By Law 14)

A proprietor or occupier of a lot shall not obstruct lawful use of common property by any person. A proprietor or occupier of a lot shall not misuse or permit to be misused any lift in the building and shall not obstruct or damage any lift or otherwise interfere or impede the normal operation of any lift.

13. DAMAGE TO COMMON PROPERTY (By Law 16)

16.1 A proprietor or occupier of a lot must not do or permit anything including without limitation, bring or permit to be brought into the building any heavy article, which might cause structural damage to the building.

16.2 A proprietor or occupier of a lot must not do anything to damage or deface the common property.

16.3 A proprietor or occupier of a lot must not interfere with any personal property vested in the body corporate.

16.4 A proprietor or occupier of a lot shall not interfere with the operation of any equipment installed in the common property.

16.5 A proprietor or occupier of a lot shall not install any security system in the lot except with the consent of the Council.

16.6 By Law 13.2 does not prevent a proprietor or occupier from:

(a) making minor alterations to common property for the purposes of fitting out a lot or refurbishing a lot; or

(b) with the consent in writing of the Council first had and obtained, installing any screen or other device to prevent the entries of animals or insects upon his lot or any locking or other safety device for the protection of his lot against intruders subject to the screen or other device or the locking or safety device, as the case may be, being installed in a workmanlike manner and subject to its appearance, after it has been installed, being in keeping with the appearance of the rest of the building.

14. BEHAVIOUR OF PROPRIETORS AND OCCUPIERS (By Law 17)

17.1 A proprietor or occupier of a lot must not:

(a) create any noise or behave in a manner likely to interfere with the peaceful enjoyment of the proprietor or occupier of another lot or of any person lawfully using common property; or

(b) obstruct lawful use of common property.

17.2 A proprietor or occupier of a lot when on common property or when on any part of a lot so as to be visible or audible from another lot or from common property must be adequately clothed and must not use language or behaviour in a manner likely to cause offence or embarrassment to the proprietor or occupier of another lot or to any person lawfully using common property.

17.3 A proprietor or occupier of a lot will be liable to compensate the body corporate in respect of any damage to the common property or personal property vested in the body corporate caused by that proprietor or occupier or any lessee, licensee or invitee of that proprietor or occupier.

17.4 An invitee of a proprietor or occupier shall not use the pool, sauna or gymnasium except in the company or a proprietor or occupier of a lot.

15. CHILDREN PLAYING ON COMMON PROPERTY IN OR OUTSIDE BUILDING (By Law 18)

18.1 Subject to By Laws 30 and 31, a proprietor or occupier of a lot shall not permit any child of whom he or she has control to play upon common property within the building or the pool, sauna or gymnasium unless accompanied b y an adult exercising effective control.

16. MOVING OF CERTAIN ARTICLES (By Law 24)

24.1 An owner or occupier of a lot must not move any article likely to cause damage or obstruction through common property without first notifying the building manager.  The notice to the building manager must be given in sufficient time (not less than 48 hours) to enable the building manager to arrange for a representative of the Owners Corporation to be present if the building manager considers it necessary.

24.2 An owner or occupier of a lot may only move an article which may cause damage or obstruction through common property in accordance with directions of the building manager or strata managing agent.

24.3 The Owners Corporation may restrict the days and the hours in which the movement of furniture and any other article into and out of the building is permitted.  At the time of the passing of these by laws movement of furniture into or out of the building is permitted between the hours of 10am and 4pm Monday to Friday (excluding public holidays).  Small deliveries outside these hours must be put to the building manager for approval.

17. GARBAGE DISPOSAL (By Law 26)

26.1 A proprietor or occupier of a lot must not deposit or throw on the common property any garbage or refuse except in a receptacle or area specifically provided for that purpose.

26.2 A proprietor or occupier of a lot must dispose of garbage and refuse in the following manner:

(a) bottles must be completely drained, cleaned and deposited in unbroken condition in the garbage store in the area designated for bottles;

(b) paper, cardboard, newspapers and boxes must be flattened and secured and deposited in the garbage store in the area designated for newspapers and boxes; and

(c) all other garbage or refuge must be disposed of either by being placed in the garbage chute on each tower floor or be deposited in the garbage receptacles provided in each garbage store.

18. KEEPING OF ANIMALS (By Law 27)

Subject to section 58(12), a proprietor or occupier of a lot shall not keep any animals upon his lot or the common property.

19. APPEARANCE OF LOT (By Law 29)

The proprietor or occupier of a lot shall not, without the written consent of the body corporate, maintain within the lot anything visible from the outside of the lot, including but not limited to blinds, curtains and lights, that viewed from outside the lot, is not in keeping with the rest of the building.  The Council and Body Corporate may, from time to time, determine the style and colour of any blinds, curtains and lights to be utilised in the lots, and may request the removal of and blinds, curtains and lights which do not comply with such determination.

20. POOL AND SAUNA USE (By Law 30)

A proprietor or occupier of a lot or his invitees shall only use the pool and sauna on the common property during the hours from 7.00 am to 10.00pm.  Children under the age of 12 years shall not be permitted to use the pool and sauna unless accompanied at all times by an adult.

21. GYMNASIUM USE (By Law 31)

A proprietor or occupier of a lot or his invitees shall only use the gymnasium on the common property during the hours 6.00am to 10.00pm on Mondays to Sundays inclusive and 9.00am to 7.00pm on Sundays.  Children under the age of 14 years shall not be permitted to use the gymnasium unless accompanied at all times by an adult.

22. BARBEQUES (By Law 32)

32.1 A proprietor or occupier of a lot shall not use the barbecue facilities on the common property except during the hours of 11.30am and 9.00pm.

32.2 Proprietors or occupiers using the barbeques on the common property or on their lots must use them in a manner that they do not create a fire hazard or nuisance and must not make any noise likely to disturb other proprietor or occupier.

32.3 Proprietors or occupiers using the barbeques on the common property shall be responsible for cleaning the stove and general area of the barbeques and must remove all rubbish from the barbecue areas.

23. LIGHT (By Law 33)

The body corporate or a proprietor or occupier of a lot must not cause or permit any light from the parcel which may, in the reasonable opinion of the body corporate, result in any nuisance or a hazard to the public or to the proprietor or occupier of another lot in the parcel.

24. USE AND CONTROL OF COMMON PROPERTY (By Law 34)

34.1 The Council or the Body Corporate must take all reasonable steps to ensure the security of the parcel from intruders and to preserve the safety of the parcel from fire or other hazard and if it considers necessary of desirable must, without limitation:

(a) close off or restrict by means of security key access to any part of the common property not required for access to a lot on either a temporary or permanent basis;
 

(b) permit, to the exclusion of proprietors and occupiers of lots, any part of the common property to be used by any security person as a means of monitoring the security of the parcel, either solely or in conjunction with any other parcel; and

(c) restrict by means of security key, access of proprietors and occupiers of one level of the parcel to any other level of the parcel.

34.2 The Council or the Body Corporate must make rules and regulations relating to the ensuring of security of the parcel from intruders.

34.3 If the Council or the Body Corporate restricts the access of proprietors or occupiers under this By-Law, the Council may make available to proprietors free of charge or at a reasonable fee the number of security keys which the Council or the Body Corporate considers necessary.  The Council or the Body Corporate may charge a reasonable fee for any additional security keys required by a proprietor or occupier.

34.4 A proprietor or occupier must exercise a high degree of caution and responsibility in making a security key available for use by an occupier of a lot and must take reasonable steps including, without limitation, an appropriate agreement in any lease or licence agreement of that lot to ensure return of the security key to the proprietor or Council of the Body Corporate.

34.5 A proprietor or occupier of a lot in possession of a security key must not duplicate the security key or permit the security key to be duplicated and must take all reasonable steps to ensure that the security key is not lost or handed to any person other than another proprietor or occupier and is not disposed of otherwise than by returning it to the proprietor or the Council of the Body Corporate.

34.6 Without limiting the generality of this by law, the Body Corporate in addition to the powers and authorities conferred on it by or under the Act and this by law has the power and ability to appoint and enter into an agreement with a person or corporation to provide full time security supervision based at the entrance foyer of the Building on the parcel, which agreement may contain such terms and conditions as the Body Corporate shall deem necessary or desirable.

25. BUILDING MANAGEMENT (By Law 35)

35.1 The Body Corporate, in addition to the powers and authorities conferred on it by or under the Act or any other By Laws has the power and authority to appoint and enter into an agreement with any person or corporation to provide from the management, control and administration of the parcel which agreement may provide for:

(a) a term at the discretion of the Body Corporate, with rights for early determination by the Body Corporate or the Building Manager;

(b) the cleaning, caretaking, security, supervision and service of the common property and any personal property vested in the Body Corporate and for the general repair, maintenance, renewal and replacement of that property;

(c) the provision of services to proprietors and occupiers;

(d) the supervision of any employees or contractors of the Body Corporate;

(e) the control and supervision of the common property;

(f) anything else which the Body Corporate agrees is necessary or desirable having regard to the operational management requirements of the Body Corporate.

35.2 At the expiration of an agreement entered into pursuant to special By Law 25.1, the Body Corporate may enter into a further agreement under that By Law.

35.3 The Body Corporate may not, without the written consent of the Building Manager, enter into more than one agreement under By Law 25.1.

35.4 A proprietor or occupier of a lot must not:

(a) interfere with or obstruct the Building Manager from performing the Building Manager’s duties under any agreement entered into under By Law 25.1; or

(b) interfere with or obstruct the Building Manager from using any part of the common property designated by the Body Corporate for use by the Building Manager.

26. NOTICES ETC (By Law 36)

(a) Subject to the provisions of subparagraph (b) herein, a proprietor or occupier of a lot shall ensure that no notice, writing, drawing, sign board, plate, placard, signal advertisement or illumination shall be affixed, inserted, placed or exposed on or at any window or other part of a lot or the Building which is not intended or designed to have same thereon and no article shall be projected out of any window or over any balcony.

(b) Despite the provisions of subparagraph (a) or anything contained in these By Laws, Crown Gardens Pty Limited for such time as it remains the Registered Proprietor of a lot shall be entitled to conduct selling or leasing activities within the strata scheme and to erect, affix or expose advertisements, sign boards, writing plates, signals or illuminations for selling or leasing activities.

27. CAR WASHING (By Law 37)

A proprietor or occupier of a lot shall only wash or clean a motor vehicle in the designated car washing bay on the common property.

28. AERIALS (By Law 38)

A proprietor or occupier of a lot shall not attach to or hand from the exterior of the Building a radio or television of any security device or wires attached thereto.

29. USE (By Law 39)

A proprietor or occupier of a lot zoned for a particular class of use shall not use that lot permit the lot to be used otherwise than in accordance with the class of use nor any purpose that may cause a nuisance or hazard or for any illegal or immoral purpose or for any other purpose that may endanger the good reputation of the strata scheme.

30. INSTALLATION OF VERGOLAS (By Law 40)

On the following conditions, the proprietor for the time being of each of Lots 25 (Unit 103) and 29 (Unit 111) (“the proprietor”) shall have a special privilege in respect of the common property to install and to retain a vergola within or above a balcony forming part of his lot.

Conditions

1.  Before commencing the installation of the vergola, the proprietor shall furnish the Body Corporate with the following:

(i)  Any requisite consent of the South Sydney Council to the installation of the vergola;

(ii) The approval of David Emerson Architects Pty Limited to the design and colour of the vergola.

2.  The vergola shall be and shall remain a proprietor’s fixture.  The proprietor must maintain the vergola and all ancillary fittings and fixtures in s state of good and serviceable repair and, whenever necessary for this purpose, must renew or replace them.

3.  Subject to any amendment of the by laws from time to time, the Body Corporate shall continue to be responsible for proper maintenance and keeping in a state of good and serviceable repair of the common property.

31. ENCLOSURE OF BALCONY (By Law 41)

On the following conditions, the proprietor for the time being of Lot 141 (Unit 1206) (“the proprietor”) shall have a special privilege in respect of the common property to enclose the balcony facing Kennedy Street and forming part of his lot.

Conditions:

1.  Before commencing the installation of the enclosure (“the works”), the proprietor shall furnish the Body Corporate with a copy of the consent of South Sydney City Council to the works, including all drawings, plans specifications, details and conditions in the consent.

2.  The proprietor may not undertake the works except:

(i)  In accordance with the consent of South Sydney City Council, as that consent may be varied with the approval in writing of the Body Corporate;

(ii)  In a proper and tradesman like manner;

(iii) In accordance with a design of which David Emerson Architects Pty Limited, or other architect approved by the Body Corporate, has provided its written consent;

(iv) By contractors who are duly licensed according to the Building Services Corporation Act 1989.

3.  Any fixture installed in the course of the works shall be and shall remain a proprietor’s fixture.  The proprietor must maintain any such fixture in a state of good and serviceable repair and, whenever necessary for this purpose, renew or replace it.

4.  Subject to any amendment of the by laws from time to time, the Body Corporate shall continue to be responsible for the proper maintenance and keeping in a state of good and serviceable repair of the common property.

5.  The proprietor indemnify the Body Corporate against any liability or expense arising out of the works.

32. INSTALLATION OF AWNING (By Law 42)

On the following conditions the proprietor for the time being of Lot 143 (Unit 1208) (“the proprietor”) shall have a special privilege in respect of the Common Property to install and to retain a retractable awning within or above a balcony forming part of his lot.

Conditions

1.  The retractable awning shall be and shall remain a proprietor’s fixture.  The proprietor must maintain the awning and all ancillary fittings and fixtures in a state of good and serviceable repair and, whenever necessary for this purpose, must renew or replace them.

2.  The retractable awning shall be cream coloured so as to match the exterior of the building and shall be installed on the east facing wall of the building;

3.  Subject to any amendment of the by laws from time to time, the Body Corporate, shall continue to be responsible for proper maintenance and keeping in a state of good and serviceable repair of the common property.

33. PERGOLA (Special By Law 1)

On the following conditions set out in this by law the owners for the time being of Lot 9 shall have a special privilege in respect of the common property to construct and maintain a pergola within a balcony forming part of his lot.

Conditions

1.  Before commencing the installation of the pergola, the owner shall furnish the Owners Corporation with the following:

(i)  Any requisite consent of South Sydney City Council to the installation of the pergola.

(ii) The approval of David Emerson Architects Pty Limited to the design and colour of the pergola (refer drawing DA-01) attached..

(iii) Undertake the works in accordance with the Building Code of Australia and all applicable Australian Standards.

2.  The pergola shall be and shall remain an owners fixture.  The owner must maintain the pergola and all ancillary fittings and fixtures in a state of good and serviceable repair and, whenever necessary for this purpose, must renew or replace them.

3.  Subject to any amendment of the by laws from time to time and to any resolution of the Owners Corporation under Section 62(3) of the Strata Schemes Management Act 1996, the Owners Corporation shall continue to be responsible for the proper maintenance and keeping in a state of good and serviceable repair of the common property.

4.  The owners must not obstruct or impede nor allow the obstruction or impediment of the common areas of the Strata Scheme in the course of the works, by building materials, tools, machinery or debris.

5.  The owners must give to the occupiers of other lots in the building not less than 72 hours notice of any construction work or disruption to the services to the building.

6.  The owners must ensure that the works are undertaken in a way which minimises the disturbance of the occupiers of other lots in the building by vibration, noise, dust and dirt.

7.  The owners must repair promptly any damage caused or contributed by the works, including damage to the property of the Owners Corporation and the property of the owners or occupiers of another lot in the strata scheme

34. ENCLOSURE OF SOUTHERN BALCONY (Special By Law 2)

On the conditions set out in this by law, the owner for the time being of each Lots 35, 41 47, 53, 59, 65, 71, 77, 83, 88, 93, 98, 103, 108, 113 and 118 (“the owner”) shall have a special privilege in respect of the common property to enclose the southern balcony to his lot, in the manner described in the drawings of David Emerson, Architect, copies of which form an exhibit to the minutes of meeting at which this by law is made (“the works”) and incorporating:

i.   Aluminium windows to match the existing;

ii.  Pre-assembled steel balcony;

iii. Steel balustrade to match the existing to yard in Kennedy Street; and

iv. (At the owner’s option) a new raised floor, the removal of the existing side window/door and the removal of existing walls and windows at the rear of the property.

Conditions

1.  The special privilege conferred on an owner is subject to his having applied to the local Council for approval of the works within twenty four (24) months of the date on which this amended by law is made and commencing works after approval is granted by Council within twenty four (24) months or such other period as may be determined by the Executive Committee.

2.  Before commencing the works, the owner must obtain:

i.   A copy of any requisite approval of the local Council to the works, including all conditions of approval, plans, drawings, specifications and notes obtained pursuant to an application in respect of all the balconies referred to in this by law; and

ii.  A copy of the Contractors All Risk Insurance Policy which includes public liability cover of not less than $10,000.000 in respect of any claim and evidence that it is current and that the interest of the Owners Corporation is noted on the policy.

3.  In exercising the special privilege conferred by this by law, the owner must:

i.   Engage contractors who are duly licensed under the provisions of the Home Building Act, 1989;

ii.  Undertake the works in a proper and skilful manner, using proper and best quality materials;

iii.  Comply with all conditions of consent of the local Council;

iv.  Undertake the works in accordance with any applicable Australian Standards; and

v.  Undertake the works contemporaneously with the owner of the other lot adjacent to and being on the same level and further that all works for all lots subject to these alterations shall proceed at the same time, and be undertaken by the same contractor as selected by those owners referred to in this by law.

4.  Subject to any amendment of the by law, from time to time and to any resolution of the Owners Corporation under Section 62(3) of the Strata Schemes Management Act 1996, the Owners Corporation shall be responsible for the proper maintenance and keeping in a state of good and serviceable repair of the common property.

The owner must maintain the improvements serving his lot in a state of good and serviceable repair, and must renew or replace them whenever necessary or at the direction and approval of the Owners Corporation.

The owner must give to the residents of other lots in the Strata Scheme not less than 72 hours notice of any demolition work.

5.  The owner must ensure that the works are undertaken in a way which minimises the disturbance of the other residents in the building by vibration, noise, dust and dirt.

6.  The owner must repair promptly any damage caused or contributed by the works, including damage to the property of the Owners Corporation and the property of the owner, or occupier of another lot in the Strata Scheme.

7.  The owner must indemnify the Owners Corporation against any liability or expense which would not have been incurred if the works had not been undertaken.

8.  The owner of the lots referred to in this by law must meet all reasonable expenses of the Owners Corporation, including reasonable legal expense, incurred in the making and registration of this by law.

35. SPECIAL BY LAW 2

Special by law 2 is further amended by repealing condition 1 and substituting therefore the following:

1.  The special privilege conferred to an owner is subject to his having obtained from local Council and from the Owners Corporation approval of the works.

36. SKATEBOARDS - ROLLER BLADES - BICYCLES (By Law 43)

An owner of occupier or any invitee of any owner or occupier shall not use upon any part of common property skateboards, roller blades, bicycles or any other form of recreational transport (other than registered motor vehicles on designated driveways).

37. RULES AND REGULATIONS (By Law 44)

The Owners Corporation may make rules and regulations for the good governance of the building rescind or amend those rules and regulations and owners and occupiers shall abide by them.

38. EXCLUSIVE USE BY LAWS

1. Stairway

The proprietor for the time being of Lots 128 and 136 (“the Lots”) shall have the exclusive use and enjoyment of that part of the Common Property between the Lots in which is constructed an inter-connecting staircase between the Lots (“the Staircase Area”) upon the following conditions:

(a) the Staircase Area can only be used for stairway access between the Lots; and

(b) the proprietor or proprietors of the Lots shall be responsible for the property maintenance, upkeep and repair of the Staircase Area.

2.  Exclusive use areas (lots 9, 10, 14, 15, 16, 17, 18, 19, 21 and 22)

The proprietors or occupiers from time to time of lots 9, 10, 14, 15, 16, 17, 18, 19, 21 and 22 shall have the exclusive use and enjoyment of those parts of the common property adjoining the respective lots marked “A” on the Strata Plan upon the following conditions (referred to as the “garden areas”):

(a) the Body Corporate shall maintain the garden areas;

(b) proprietors or occupiers shall not store or leave any items or objects in the garden areas when not personally present;

(c) proprietors or occupiers shall at all times comply with By Law 15(a);

(d) proprietors or occupiers shall not cause any structure on the garden areas to be erected or altered.

3. Air conditioning

The proprietor or occupier of a lot shall be entitled to the exclusive use and enjoyment of that part of the common property (called in this by law the “air conditioner space”) located on the boundary of the lot and on which is located the air conditioning unit servicing the lot, subject to the following terms and conditions:

(a) The air conditioner space shall only be used for the purpose of the location of an air conditioning unit of the lot;

(b) The proprietor or occupier shall keep the air conditioner space clean of grease and oil;

(c) The proprietor or occupier shall be responsible for the proper maintenance and keeping in a state of good and serviceable repair of the component of the air conditioning unit servicing the lot located on the air conditioner space and the air conditioning unit situated within the lot;

(d) If the proprietor or occupier defaults in the performance of any term or condition of this by-law and such default continues for a period of seven (7) days after notice of default is given to the proprietor by the secretary of the body corporate, then the rights and privileges conferred to this by-law may be terminated by resolution of the Council of the Body Corporate;

(e) The Body Corporate shall only be responsible for the proper maintenance and keeping in a state of good and serviceable repair of the re-circulated condensed water facility including any air conditioning equipment, pipework and ducting which is located in or on the common property.

46 BUILDING WORKS AND ALTERATIONS

46.1 In this by-law:

Act is the Strata Schemes Management Act 1996 (NSW).

Building Manager is the person appointed by the Owners Corporation as Building Manager from time to time

Common Property is:

(a) Common Property in Crown Gardens:

(b) The Owner’s Corporation personal property.

Government Agency is a Governmental or semi-governmental administrative fiscal or judicial department or entity.

Lot is a lot in Crown Gardens.

Crown Gardensis Strata Scheme No. SP52720.

Owners Corporation is the Owners-Strata Plan No SP52720.

46.2 This by-law applies if you want to:

(a) do building work in Crown Gardens;

(b) do work to services in Crown Gardens;

(c) enclose you car space;

(d) change the structure of your lot.

46.3 You must have consent from the Owners Corporation to do building work or alterations that will:

(a) affect Common Property (unless by-laws 46.4, 46.5, or 46.6 apply); or

(b) affect Common Property services or services for the exclusive use of another lot.

46.4 You do not need consent from the Owners Corporation to do minor work or make minor alterations to the interior of Common Property structures enclosing your lot (eg hang pictures or attach items to Common Property walls or put nails or screws into them or put in recess lighting).

46.5 If you are entitled to do buildings works or make alterations under a by-law granting you exclusive use or special privileges of Common Property:

(a) you do not need consent from the Owners Corporation to do the work or make the alterations; and

(b) you must comply with the by-laws 46.7, 46.8, 46.9.

46.6 You do not need consent from the Owners Corporation to change a non load-bearing wall in your lot. However, you must comply with by-laws 46.7, 46.8 and 46.9.

46.7 Before you do work or alterations, you must:

(a) obtain necessary consents from the Owners Corporation and Government Agencies;

(b) comply with by-law 46.9;

(c) find out where service lines and pipes are located; and

(d) if you do not need consent to do the work or alteration, give the Owners Corporation a written notice describing what you propose to do. You must give the notice at least 14 days before you start the work or alteration.

46.8 If you do building works or alterations, you must:

(a) use qualified, reputable and, where appropriate, licensed contractors approved by the Owners Corporation, such approval not to be unreasonably withheld;

(b) not damage service lines or pipes or interrupt services;

(c) do the work in a proper manner and to the reasonable satisfaction of the Owners Corporation and Government Agencies; and

(d) repair any damage you (or persons doing the work on your behalf) cause to Common Property or the property of an owner or occupier.

(e) comply with all conditions of approval from the Owners Corporation (including conditions relating to the use of the car park) and Government Agencies (including the provision of a bond to cover any damage to common property).

46.9 Before you do building works or make alterations, you must:

(a) arrange with the Owners Corporations a suitable time and means by which to access Crown Gardens;

(b) comply with the reasonable requirements of the Owners Corporations about the time and means by which you must access Crown Gardens including the car park; and

(c) ensure that contractors and any persons involved in doing the work or alterations comply with the reasonable requirements of the Owners Corporation about the time and means by which they must access Crown Gardens and carry out any building works.

46.10 In addition to its powers under the Act, the Owners Corporations have the power to appoint another person (eg the Building Manager) to perform its functions under by-law 46.9. If this happens, you must make your arrangements with that person and comply with their reasonable requirements.