Building By-Laws

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SCHEDULE C BY-LAWS 

The By-Laws in Schedule 2 of the Act will not apply to the scheme and the following By-Laws will apply:

1. Interpretation

(a) Headings throughout these By-Laws are for guidance only and are not to be used as an aid in the interpretation of these By-Laws.

Plurals include the singular and singular the plural. 

Reference to the whole includes any part of the whole.

(b) Throughout these By-Laws, the following terms will, where the context so admits, have the meanings herein ascribed to them.

Act means the Body Corporate and Community Management Act 1997 and the Regulation Module applying to this Scheme.

Body Corporate means the Body Corporate established upon the registration of the Scheme.

Building means the building of which the Schemes form part.

By-Laws means these By-Laws or any specified part of them.

Caretaking and Letting Agreement means the agreement entered into, or to be entered into, between the Resident Caretaker and the Body Corporate under which the Resident Caretaker is required, amongst other things, to keep the Common Property in good order. It includes any agreement that replaces or extends a previous agreement.

Common Property means the common property referred to in the Community Titles Scheme.

Committee means the Committee of the Body Corporate appointed pursuant to the Act.

Committee’s Representatives means a member of the Committee appointed from time to time for the purpose of representing the Committee.

Garbage includes material to be recycled.

GST means any value added, consumption, turnover or similar tax, impost or duty on goods and/or services which is introduced by the Commonwealth or any State or Territory.

Home Occupation means the use of the relevant Lot as professional offices to provide consulting services or information technologies or as a mail order business or such other lawful use as the Committee decides.

Improvements means pergolas, walls, windows, garage roller doors, doors, fly screens, gates, walkways, paths, driveways, yard, lawn, landscaping, garden, plants and irrigation and drainage facilities located within a Lot or an area of Common Property which attaches to a Lot by virtue of an exclusive use By-Law.

Lot means a lot in the Scheme.

Motor Vehicles includes only registered cars and motor bikes but does not include caravans, campervans, boats or mobile homes.

Original Owner has the meaning given to it in the Act.

Owner and Occupier have the meanings given to them in the Act.

Plan means the survey plan which, upon registration, identifies the Scheme Land.

Pool and Barbeque Area means all improvements on the Common Property used for, or intended to be used for, swimming, recreation and/or leisure activities.

Resident Caretaker means the person or corporation that has entered into, or is to enter into, the Caretaking and Letting Agreement. If these is no such person/organisation, the Committee may nominate a person as a Resident Caretaker for the purposes of these By-Laws.

Resident Caretaker’s Unit means a Lot nominated as such in writing by the Original Owner (or its nominee) to the Committee.

Scheme Land means all the land contained in the Scheme.

Person includes a company.

Scheme means Maroochy Sands Community Titles Scheme 14483.

Secretary means the secretary of the Body Corporate.

2. Rules relating to Common Property

(a) The Committee may make rules relating to the Common Property and in particular in relation to the use of any improvements on the Common Property including Recreation Areas and other facilities, not inconsistent with these By Laws and the same must be observed by the Owners and Occupiers of Lots unless and until they are disallowed or revoked by a majority resolution at a general meeting of the Body Corporate.

(b) Smoking is not permitted on any part of the Common Property, including but not limited to recreational areas, lifts, walkways, stairwells, car parks, gardens, toilets, pool area and the like. 

(c) Children below the age of thirteen (13) years are not permitted to use elevators unless accompanied by an adult Owner or Occupier exercising effective control over them.

3. Restricted Access Areas

(a) Any areas of the Common Property used for:

(i) Electrical substations, switch rooms, or control panels; and

(ii) Fire service control panels; and

(iii) Telephone exchanges; and

(iv) Other services (including storage of Plant and Equipment) to the Lots and Common Property (or either of them) 

will be kept locked by the Body Corporate (or its appointed representative) unless otherwise required by law. Persons may not enter or open such locked areas without the prior consent of the Committee or its appointed representative.

(b) If a Lot contains any common power or other building service, access to this area must be made available to the Body Corporate (or its appointed representative) at all reasonable times. Persons may not enter or open such locked areas without the prior consent of the Owner or Occupier. In an emergency, if the Owner or Occupier is not in the building, every attempt must be made to contact the Owner or Occupier prior to entry and a diary record maintained of the date, time and purpose of entry.

4. Access Cards and Keys

If the Body Corporate restricts access of either an Owner or Occupier to any part of the Common Property, then the Body Corporate may make access available to the Owner or Occupier at its discretion.

An Owner or Occupier to whom any key or operating system is provided by the Body Corporate shall exercise a high degree of caution and responsibility in making the same available for use by an Occupier and shall take reasonable precautions to ensure the key or operating system is returned to the Owner or the Body Corporate upon the Occupier ceasing to be an Occupier.

An Owner or Occupier shall not without the prior approval in writing of the Body Corporate duplicate the key or operating system.

An Owner or Occupier shall notify the Body Corporate immediately if the key or operating 

system is destroyed or lost and pay the replacement cost as determined by the Body Corporate.

5. Access to Meters

If a Lot contains a meter and/or switchboard, an Owner or Occupier of that Lot must make such meter and/or switchboard available for access at all reasonable times by a nominee of the Committee or the relevant body administering the supply of the relevant service to the Lot.

6. Structural Matters

An Owner of Occupier must not do anything to affect the structural integrity of the buildings on the Scheme Land or to alter the exterior of any Lot. The manner and style of any structural fit out or structural installation to the interior of any Lot must have the prior written approval of the Committee. Such approval may be granted with or without reasonable conditions. The Committee will be entitled to request copies of such plans and specifications as it might consider necessary to enable it to grant its approval and the proprietor of a Lot shall comply with all such requests. All reasonable costs of the Body Corporate in considering any fit outs or alterations under the By-Law will be payable by the relevant proprietor on demand. A copy of the Maroochy Sands CTS refurbishment document must be signed by the Lot owner prior to any renovations to the Lot, whether internal or external.

7. Water Apparatus

(a) An Owner or Occupier of a Lot will not waste water and will ensure that all water taps on the Lot are properly turned off after use.

(b) The water closets, conveniences and other water apparatus including water pipes and drains in each Lot must not be used for any purpose other than those for which they were constructed and no sweepings or rubbish and other unsuitable substances shall be deposited therein.

(c) Any costs or expenses resulting from damage or blockage to such water closets, conveniences, water apparatus, water pipes and drains from misuse or negligence will be borne by such Owner or Occupier whether the same is caused by his/her own acts or those of members of the household or their servants or agents or guests.

8. Lighting and Heating of Lots

The Owner or Occupier of a Lot must not use any chemicals, burning fluids, acetylene gas or alcohol in lighting or heating a Lot not in any other way which may cause or increase a risk of fire or explosion in such a Lot, and an Owner or Occupier shall not store, bring to, do or keep anything in the unit which shall increase the rate of fire insurance on the building or any property on the land or which may conflict with the laws and/or regulations relating to fires or any insurance policy on the building, including flammable liquid, liquid, gas or other flammable materials, except those used for domestic purposes.

9. Doors, Windows and Window Covers

(a) All doors and windows in the premises shall be securely fastened on all occasions when the premises are left unoccupied and the Body Corporate (or its appointed representative) reserves the right to enter and fasten the same if left insecurely fastened.

(b) No window will be covered with aluminium foil or similar reflective material. Window tinting may only be installed in he approved shade with written consent from the Body Corporate. Security screens may only be attached to Lots with the prior written consent of the Committee (which may be withheld in its absolute discretion or given with or without conditions). No window will have shutters, awnings or other window coverings affixed externally to the exterior of the building.

(c) An Owner or Occupier must not hang or erect curtains, blinds or shutters visible from outside the Lot unless those curtains, blinds or shutters are of such a colour and design sympathetic to the external décor of the Building and present an aesthetic appearance when viewed.

(d) For the purposes of enforcing this By-Law, the Committee may establish and maintain a policy in respect of window coverings.

10. Antennae

No television, radio or other electronic antennae or device of any type may be erected, constructed or placed or permitted to remain on any Lot or on the Common Property unless and until the same has been approved in writing by the Committee or unless the same is contained within a Lot and not visible from the exterior of such Lot.

11. Maintenance of Lots

(a) An Owner or Occupier of a Lot will:

(i) be responsible for the proper maintenance and decoration of the Lot;

(ii) maintain in good condition and repair any Improvements constructed or installed on the Lot (including where necessary, renewal or replacement of the whole or part thereof;

(iii) maintain the interior of the Lot in a clean condition and take all practical steps to prevent infestation by vermin and/or insects;

(iv) ensure windows of a Lot are kept clean and are promptly replaced with new glass of the same kind, colour and weight as at present if broken or cracked.

(b) The Committee may give written notice to an Owner or Occupier of a Lot requiring that:

(i) The Improvements be put in a state of good condition and repair (including where necessary, renewal or replacement of the whole or part thereof); and

(ii) The obligations under By-Law 3(a) be complied with.

If such notice has not been complied with to a reasonable satisfaction of the Committee within 14 days of the date of that notice, the Committee may, in its absolute discretion, cause the Improvements to be put in such a state and the Owner or Occupier (as the case may be) will forthwith pay the costs incurred or payable by the Body Corporate in that regard on demand.

(c) An Owner or Occupier of a Lot will allow the Committee and the servants and contractors of the Body Corporate access to the Lot and the Improvements at all reasonable times for the purpose of inspection and carrying out works under this By-Law provided that the Committee gives the Owner or Occupier at least one day’s written notice of its intention to enter upon the relevant Lot and Improvements and carry out works under this By-Law.

(d) For the purposes of enforcing this By-Law, the Committee may establish and maintain a policy in respect to furnishing and decorating of units.

12. Appearance of Lots

(a) An Owner or Occupier of a Lot will not hang washing, towels, bedding, clothing or other articles (except on clothes lines in designated areas provided by the Body Corporate (if any) or display any sign, advertisement, placard, banner, pamphlet or like matter on the Common Property or on any part of his/her Lot in such a way as to be visible from outside the Lot.

(b) The Resident Caretaker is permitted to display reasonable signs or notices on the Scheme Land offering for sale or lease or rent or let any Lot but such signs or notices must not detract from the overall appearance of the development.

(c) An Owner or Occupier of a Lot must not, without written approval of the Body Corporate, make a change to the external appearance of the Lot.

13. Obstruction

An Owner or Occupier of a Lot must not obstruct the lawful use of the Common Property by any person. The pathways and driveways of the Common Property and any easement giving access to the Common Property must not be obstructed by any such Owner or Occupier or used by them for any other purpose than the reasonable ingress and egress to and from their particular Lot.

14. Damage to Common Property or Lot

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

15. Use of Lots

(a) The Owner or Occupier of Lots 1 to 3 (inclusive) and Lots 5 to 10 (inclusive) shall not use those Lots, not permit them to be used otherwise than for commercial or retail purposes as may be permitted by the relevant laws and rules of the local government, but not for any of the purposes expressed by By-Law 20 (c).

(b) Subject to any By-Law to the contrary, an Owner or Occupier of a Lot shall not use that Lot, not permit it to be used otherwise than for residential purposes.

(c) Lot 28 may be used both for residential purposes and for the purposes of management and caretaking of the Common Property and/or Lots, and for the letting and/or sale of Lots on behalf of the Owners of Lots and/or for the provision of ancillary services for the benefit of the Body Corporate and/or Owners and Occupiers of Lots.

(d) Lot 4 may be used both for commercial or retail purposes as may be permitted by the local authority and for the purposes of management and caretaking of the Common Property and/or Lots, and for the letting and/or sale of Lots on behalf of Owners of Lots and/or for the provision of ancillary services for the benefit of the Body Corporate and/or Owners and Occupiers of Lots.

16. Special Rights – Tourist Desk, Brochure Stands, Signage, etc

The Occupier of the Resident Caretaker’s Unit has the special right to place (and where appropriate, have manned) a tour desk, brochure stands, signage and other similar things (Structures) (for, without limitation, marketing activities) on any part of the Common Property on the ground floor of the Building on the following conditions:

(a) Signage included but not limited to notice board and common property must be kept presentable and relevant. All unpresentable and irrelevant signage and brochures are to be removed.

(b) The Occupier must keep any Structures in good condition and repair and in a standard commensurate with the surroundings in which they are located.

(c) the Structures must not materially inhibit the flow of persons on the Common Property;

(d) the Occupier does not have the exclusive use of the area in which the Structures are located;

(e) If the erection and use of a Structure causes any damage to the Common Property (except for fair wear and tear), the Occupier must promptly make good such damage.

(f) The Body Corporate must carry out its duties in respect of the Common Property on which the Structures are placed;

(g) If the Caretaking and Letting Agreement ends, the rights of the Occupier under this By-Law end.

(h) The Occupier has the right to exclusive access to, and use of, the laundry/storage area on the ground floor and the storage area in the basement car park. 

17. Tenancies

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

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

(b) the term of the tenancy;

(c) the name and service address of the Owner’s letting agent for the tenancy; and 

(d) any other information the Body Corporate may reasonably require such as, but not limited to, the name, mobile phone number and email address for the responsible resident.

18. Auctions, Garage Sales, etc

(a) An Owner must not permit any auction to take place on their Lot or the Common Property without the written approval of the Body Corporate.

(b) An Owner must not permit any garage sale to take place on their Lot or the Common Property without the written approval of the Body Corporate.

19. Removals

An Owner or Occupier shall not move any furniture into or out of a  Lot without:

(a) reasonable notice being given to the Body Corporate (having regard to matters including, but not limited to the amount and size of furniture to be moved); 

(b) booking access to the lifts and request that the lift blanket be installed for the period of the booking; and

(c) taking adequate measures to minimise damage to the Common Property and any other Lot in the Scheme

20. Keeping of Animals

(a) Unless a person has the right to be accompanied by an assistance animal under any statute, an Owner or Occupier of a Lot must not, without the Body Corporate’s written approval:

(i) bring or keep an animal on the Lot or the Common Property; or

(ii) permit a Visitor to bring or keep an animal on the Lot or Common Property.

(b) When keeping an animal in the Scheme, in addition to any other requirements under these By-Laws, an approval by the Committee, the Act or the Regulation Module, the Owner or Occupier must:

(i) ensure that when passing through Common Property the animal will be suitably restrained or carried;

(ii) register the animal with the local council;

(iii) ensure that the animal is kept within the Lot and not allowed to roam, dig soil or otherwise damage Common Property or another Lot;

(iv) dispose of any animal waste left on the Common Property immediately in a suitable garbage receptacle; and

(v) ensure the animal carries a name tag identifying the animal and its Owners.

(c) Successful applicants will be required to confirm in writing, prior to the animal or animals being kept in the Lot, that the conditions imposed will be complied with along with submission of photo of said pet(s).

(d) Prior to submitting an application to keep an animal or animals in a Lot, Owners or Occupiers should consider whether they can comply with the potential conditions of any approval.

(e) Approval to keep an animal or animals by the Body Corporate applies to the specific animal or animals for which approval has been given and this approval remains valid for the life of the animal or animals and is not transferrable.

(f) An Owner or Occupier shall ensure that there are a maximum of two animals in the Lot at any time. 

21. Nuisance

No noxious or offensive trade or activity may be carried out on upon the Scheme Land or in any Lot nor may anything be done thereon which may be, or may become, an annoyance to the neighbourhood or which may be likely to interfere with the peaceful enjoyment of the Owners or Occupiers of the Lots or any other person lawfully using the Common Property. In particular, and without limiting the generality of the foregoing;

(a) No loud noises, noxious odours, exterior speakers, horns, whistles, bells or other sounds devices (other than security or warning devices used exclusively for such purposes), noisy or smoking vehicles, large power equipment or large power tools, unlicensed off-road motor vehicles, or items which may unreasonably interfere with television or radio reception of any residence may be located, used or placed on any portion of the Scheme Land or exposed to the view of other Owners or Occupiers without the prior written consent of the Body Corporate;

(b) All musical instruments, wirelesses, televisions, radiograms, stereos, electronic equipment, computers and the like shall be controlled so that sound arising therefrom is reasonable and will not cause annoyance to other Owners and Occupiers of Lots on the Scheme Land;

(c) Guests leaving after 9.00pm must be requested by their hosts to leave quietly and quietness must also be observed when Owners and Occupiers return to their Lots late at night or in the early hours of the morning;

(d) In the event of any unavoidable noise in a Lot at any time, the Owner or Occupier thereof will take all practical means to minimise annoyance to other residents by closing all doors, windows and curtains of their Lot and also such other steps as may be within their power for the same purpose;

(e) An Owner or Occupier of a Lot shall take all reasonable steps to ensure that Visitors 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 the Common Property.

22. Security

(a) As protection to Lot holders and to maintain security, all tenants must register at the Reception Office on arrival prior to taking up occupancy, providing full names and addresses for reference and contacting purposes, using any system that may be in place at the time that has been approved by the Body Corporate. Notices will be clearly displayed with instructions for use of these systems. 

(b) The number of persons occupying any two-bedroom unit shall not exceed five (5) and any three-bedroom unit shall not exceed seven (7).

23. Smoking

An Owner or Occupier must not smoke, or permit any Visitors to smoke:

(a) In a completely or substantially enclosed areas on the Common Property; including but not limited to recreational areas, lifts, walkways, stairwells, car parks, gardens, toilets, pool area and the like.

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

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

(d) Must comply with any current Federal, State or Local Council smoking laws/regulations at all times.

24. Depositing of Rubbish on Common Property

On Owner or Occupier must not:

(a) deposit or throw upon the Common Property or the exterior of a Lot any rubbish, dirt, dust or other material likely to interfere with the peaceful use and enjoyment of another Owner or Occupier or of any person lawfully using the Common Property;

(b) throw or allow to fall, or permit or suffer to be thrown or to fall, any paper, rubbish, refuse, cigarette butts or other substance whatsoever out of any window, door, balcony or skylight (if any) of the Lot.

Any damage or costs for cleaning or repair caused by breach hereof will be borne by the Owner or Occupier concerned.

25. Common Property Garbage 

An Owner or Occupier of a Lot must not leave garbage or other materials on the Common Property except in a designated garbage receptacle.

An Owner or Occupier must:

(a) comply with any local authority by-laws or local laws about the disposal of garbage that apply to the Scheme;

(b) place all recyclable glass in the recycling receptacles on each floor;

(c) not, in disposing of garbage, adversely affect the health, hygiene or comfort of other Owners or Occupiers;

(d) not leave bulky item/s of furniture (including white goods) in the designated garbage receptacles, but must dispose of these items in a suitable place outside the Scheme land;

(e) not cause damage to the garbage receptacles;

(f) not overfill the garbage receptacles; and

(g) not allow rubbish to become stuck to the garbage receptacles or liquids to run in the garbage receptacles.

The Resident Caretaker must ensure that Garbage bins left out for Garbage collection are cleaned and returned to the relevant areas of Common Property as soon as practical after Garbage collection.

26. Garbage Chutes

Owners and Occupiers must not use the garbage chutes in a way which:

(a) causes damage to the garbage chute or any Lot of the Common Property;

(b) causes an unreasonable interference with the use or enjoyment of another Lot or the Common Property (through odour or otherwise);

(c) backlogs or causes a blockage in the garbage chutes

(d) allows glass to be deposited in it;

(e) allows rubbish to become stuck to the garbage chutes or liquids to run; or

(f) deposits items too large to safely flow through the garbage chute without damage.

27. Damage to Lawns etc on the Scheme Land

An Owner or Occupier of a Lot must not:

(a) Damage any lawn, garden, tree, shrub, plant or flower being part of or situated upon the Scheme Land; or

(b) Except with the prior written consent of the Body Corporate, use for their own purposes as a garden any portion of the Common Property.

28. Car Park

(a) The Owner or Occupier of a residential Lot is allowed strictly one (1) car space per Lot for the parking of a motor vehicle only, subject to availability and must register the vehicle with the Body Corporate Caretaker. There is no guarantee of a car space at any time.

(b) The Owner or Proprietor of a commercial Lot may access strictly one (1) car space during business hours subject to availability. There is no guarantee of a car space at any time.

(c) The Committee may make rules relating to parking on the Scheme Land, not inconsistent with these By-Laws and the same must be observed by the Owners or Occupiers of Lots unless and until they are disallowed or revoked by a majority resolution at a general meeting of the Body Corporate.

(d) No vehicle is to be parked or allowed to stay in a car space for a longer period of three consecutive days without the written consent of the Body Corporate.

(e) The Body Corporate may take any such steps as may be necessary to remove any vehicle which has been parked in breach of the By-Law and any costs associated with such removals shall be borne by the offending party, or if the offending party is an invitee, by the Owner or Occupier of whom he/she is an invitee. The Owner indemnifies the Body Corporate against any claim or demand which may arise out of the Body Corporate actions to remove the vehicle.

(f) The Body Corporate Caretaker is allocated one permanent car parking space in the garage areas and is marked accordingly. This car space is for the sole use of the Body Corporate caretaker only.

29. Bicycle Racks

An Owner or Occupier of a Lot, while in residence only, must use, and permit the use by its Visitors of, the bicycle rack in a way which: 

(a) does not cause damage to the Common Property or Body Corporate assets;

(b) does not cause damage to another Owner or Occupier’s bikes and personal watercraft;

(c) does not cause a nuisance or an unreasonable interference to any Owner or Occupier (through noise or otherwise);

(d) does not cause a hazard or safety risk;

(e) is for the storage racks intended purpose;

(f) leaves the area clean and tidy after use;

(g) does not prevent other Owners and Occupier’s bicycles and personal watercraft from being removed;

(h) clearly identifies to whom the bicycle and personal watercraft belongs;

(i) does not promote a risk of theft or damage of any Owner or Occupier’s bicycle and personal watercraft; and

(j) does not overload the storage rack to store more bicycles and ersonal watercraft than its intended limit and purpose.

30. Rules for Use of Pool and Barbeque Area

All Owners or Occupiers of Lots when making use of the Pool and Barbeque Area must ensure:

(a) That they are fully aware that there is no lifeguard on duty in the pool area. They must ensure that all guests, family, invitees, etc are also aware of this and that safety in the pool is their responsibility;

(b) That invitees and guests do not use the Pool and Barbeque Area unless accompanied by a Lot Owner or Occupier;

(c) That children below the age of thirteen (13) years are not in or around the Pool and Barbeque Area unless accompanied by an adult Owner or Occupier exercising effective control over them;

(d) That invitees exercise caution at all times and not behave in any manner that is likely to interfere with the use and enjoyment of the Pool and Barbeque Area by other persons;

(e) If a reservation system is provided, that the Pool and Barbeque Area be booked through the Resident Caretaker;

(f) All users of the Pool and Barbeque Area must be suitably attired and must observe a dress code suitable for the occasion;

(g) Glasses, drink bottles cans, cups, breakable items or alcoholic beverages are not taken into the pool at any time;

(h) Pets are not brought into the pool area;

(i) All users of the Pool and Barbeque Area comply with any rules (including signage) made from time to time by the Committee;

(j) That an Owner or Occupier of a Lot must not operate, adjust or interfere with the operation of any equipment associated with the pool or barbeques;

(k) They do not use the Pool and Barbeque Area between the hours of 9.00pm and 7.00am or such other hours as agreed to by the Committee and the Resident Caretaker;

(l) The pool is kept clear of sand, dirt, and grass;

(m) Users of the pool shower properly before entering the pool;

(n) Chairs and lounges are provided for use in the pool area and are not to be removed from that area.

31. By-Laws to be Exhibited

A copy of these By-Laws (or a precis thereof approved by the Committee) must be exhibited in a prominent place in any Lot made available for letting.

32. Pursuant to the Body Corporate and Community Management Act 1997, the Body Corporate shall have the following additional powers:

(a) To grant Exclusive rights for the control, management, caretaking and administration of the building and the Common Property and the proper regulation of the use thereof to such persons on such terms and for such period as the Body Corporate shall consider appropriate; and

(b) To grant such persons on such terms and for period as the Body Corporate may from time to time consider necessary or desirable the exclusive right to conduct from either Common Property or from a Lot, the business of letting lots in the building on behalf of such proprietors who wish to avail themselves of such service provided that in granting such rights to any person, the Body Corporate shall not pay any commission or fee and shall not seek or require any proprietors of Lots in the building to utilise such service; and

(c) To allow by written agreement, the Letting manager to exclusively use any office area or Common Property as may be designated by the Body Corporate from time to time for the purpose of conducting the business of letting of units on such terms as the Body Corporate may determine. 

33. Recovery of Monies

If a person breaches the Act or these By-Laws and the Body Corporate spends money to rectify any damage caused by the breach, then the Body Corporate will be entitled to recover the amount spent as a liquidated debt from the Owner or Occupier of the relevant Lot at the time the breach occurred.

34. Recovery of Costs

(a) An Owner must pay on demand the whole of the Body Corporate costs and expenses (including solicitor and own client costs plus any GST properly chargeable in respect of those costs and expenses) in connection with:

(i) Recovering levies or monies payable to the Body Corporate pursuant to the Act of these By-Laws duly levied upon the Owner by the Body Corporate, or otherwise pursuant to these By-Laws;

(ii) All legal or other proceedings concluded by way of settlement or Court determination in favour of the Body Corporate taken by or against the Owner or Occupier of a Lot.

(b) The amount of any such costs shall be deemed to be a liquidated debt due by the Owner to the Body Corporate.

(c) If the Owner fails to pay any such costs upon demand, the Body Corporate:

(i) May take action for the recovery of these costs in a Court of competent jurisdiction, and/or

(ii) Enter such costs and expenses against the levy account of the Owner.

(d) In this By-Law, references to an Owner shall be deemed to include reference to a mortgagee in possession of an Owner’s Lot.

(e) The Body Corporate may include any costs payable to it under this By-Law on any certificate issued in respect of the Lot under the Act, including but not limited to a notation of unpaid insurance premiums, telephone charges and excess water charges.