HOUSE RULES

(REVISED MARCH 2023)

HOUSE RULES: Schedule

INTRODUCTION

The following House Rules (the ‘Rules’) have been established for the mutual benefit of all residents, both owners and tenants, to maximize the convenience, comfort and privacy of the residents of Unit Plan 3440 ‘Canberra Lakes Estate’. At all times and in all matters, Schedule 4 of the Unit Titles (Management) Act 2011 (UTMA) applies. These Rules must be included as an integral part of any leasing arrangement between a unit owner and the tenant.

Note – The Owners Corporation may amend the default rules under s 108 of the UTMA.

Complaints

An owner wishing to report an infringement of these rules, that cannot be resolved personally, should report the matter in writing to:

Link Strata Management
PO Box 154
Curtin ACT 2605

Or: email: admin@linkservices.com.au

Telephone enquiries: 2620 3722

A tenant wishing to report an infringement of these rules, that cannot be resolved personally, should report the matter in writing to their property manager.

Please note that the Owners Corporation can only act if the complaint is in writing. Verbal and/or anonymous complaints will not be acted upon.

Incidents that infringe laws of the ACT, such as noisy parties or trespassing, should be referred to the ACT Police, especially late at night or where your personal safety is threatened. Police attendance can be requested by phone: 131-444.

A follow-up report should also be made to Link Strata the following working day.

DEFAULT RULES

1.1 DEFINITIONS

(1) In these rules: Owner, occupier or user, of a unit, includes an invitee or licensee of an owner, occupier or user of a unit.

(2) A word or expression in these rules has the same meaning as in the Unit Titles (Management) Act 2011

1.2 PAYMENT OF RATES AND TAXES BY UNIT OWNERS

(1) A unit owner must pay all rates, taxes and any other amount payable for the unit.

1.3 REPAIRS AND MAINTENANCE

(1) A unit owner must ensure that the unit is in a state of good repair.
(2) A unit owner must carry out any work in relation to the unit, and do anything else in relation to the unit, that is required by a territory law

1.4 ERECTIONS AND ALTERATIONS

(1) A unit owner, occupier or user may erect or alter any structure in or on the unit or the common property only —
(a) in accordance with the express permission of the Owners Corporation by the Executive Committee in writing; (b) If the Executive Committee is not able or willing to pass such resolution, then by special resolution of the Owners Corporation; and
(c) in accordance with the requirements of any applicable territory law (for example, a law requiring development approval to be obtained for the erection or alteration).
(2) Permission may be given subject to conditions specified by the Executive Committee or in the resolution.
(3) However, if the structure is sustainability infrastructure, the owners corporation’s permission must not be unreasonably withheld. Examples—permission not unreasonably withheld a. safety considerations
b. structural considerations
Example—permission unreasonably withheld external appearance of a unit or the units plan
(4) Owners, occupiers and users are required to make an application to the Executive Committee in writing for any changes to the internal structure of their unit.
(5) Unit owners, occupiers or users must not allow trades people, service providers and/or other contractors to install any service or to make installations or alterations on common property without the prior approval of the Executive Committee.
(6) The installation of Solar Panels is permitted with the approval of the Executive Committee.
(7) Owners, occupiers or users who are considering replacement of floor covering in their unit with tiles, floorboards or any other form of hard flooring, are to ensure that the replacement material is of an acceptable standard so as not to emit excessive noise.
(8) To ensure high levels of transparency the Executive Committee will apply the following principles when evaluating proposals:
(a) Modifications that affect the visual appearance observed from the streetscape: The highest standards of evaluation apply. Any proposal must preserve the integrity of the original design of the complex. Colours, textures, proportions, products and architectural style must be in keeping with the original design and be constructed to an exacting standard. The Executive Committee may seek additional advice and review by architects Terry Ring and Associates to evaluate whether a proposal will preserve the integrity of the complex’s original design. Cost associated with this are to be borne by the applicants although such costs are not anticipated to be significant.
(b) Modifications that do not affect the visual appearance observed from the streetscape: A lower evaluation standard applies on the basis that any alteration’s will not be detected from the streetscape (e.g. modification’s made in rear courtyards). Notwithstanding the lower evaluation standard, it is expected that proposals will preserve the integrity of the original design of the complex and be undertaken to a very high standard.
(c) Special considerations: Proposals that are designed to enhance mobility or to address safety concerns (e.g. mobility ramps to assist access to front doors) can be expected to be summarily approved by the Executive Committee (within reason).
(d) Proposals that have environmental design considerations (e.g. solar panels, water tanks, external window treatments (blinds and awnings) will also be considered favourably provided the design preserves the integrity of the original design of the complex as far as practicable. While the Unit Titles Management Act prevents Owners Corporations from unreasonably restraining permission for the installation of solar panels (and other similar sustainability infrastructure) there is an expectation that these will be installed in the most aesthetically sensitive way possible to maintain the integrity of the complex. For example, where conduit is needed to be run along external walls this should be undertaken with the installation of box channelling in the same colour as the building wall rather than plastic conduit/s running down the walls of units from the rooftop to ground level. This situation is also relevant to any conduits that are installed on the external walls of units. This rule is not intended to impact the installation of the actual solar panels that may be observable from the streetscape and require a pitch to work at optimal levels.
(9) Proposed modification’s that might not affect the streetscape but can be observed from a neighbouring unit/s, for example, a proposed structure within an internal courtyard, will require the agreement of the owner of the neighbouring unit/s

1.5 PETS IN UNITS

(1) The approval of the Executive Committee must be obtained before pets are kept on the property by owners and/or tenants. Owners are responsible for ensuring tenants are aware of and abide by these rules. Approval may be given provided the owner of the pet agrees in writing that the owner will:
(a) comply with any obligations imposed by the ACT legislation. (Note: the Domestic Animals Act 2000 requires dogs to be desexed by 6 months and cats by 3 (unless the owner has a license), dogs and cats must be microchipped, dogs must be registered with the ACT Government and no owner may have more than 3 dogs and 3 cats without a license)
(b) monitor noise from the pet, ensuring it does not cause any annoyance or disturbance to any neighbours;
(c) ensure that the pet is always kept within the lot, although it may be allowed onto the common areas under effective restraint and the control of a responsible individual;
(d) Cats are to be kept indoors between sunset and sunrise to prevent threats to wildlife;
(e) Always maintain a high standard of cleanliness and sanitation, and take responsibility for cleaning and disposing of any animal waste within the lot or on the common property;
(f) Comply with all public health, animal control and anti-cruelty laws applicable in the ACT including any licensing requirements;
(g) Note that in the event of complaints made in respect of any pet, the Executive Committee may withdraw approval for the keeping of the pet. Appropriate warnings will be issued prior to any withdrawal of approval.
(h) Any damage to common property caused by the animal is to be rectified immediately with cost born by the owner of the animal.
(i) Consent is not required for the keeping of a registered trained assistance animal. Documentary evidence of the registered assistance animal must be provided to the Executive committee prior to the animal residing at the unit

1.6 ASSISTANCE ANIMALS

(1) The owners corporation may require a person who keeps an assistance animal to produce evidence that the animal is an assistance animal.

1.7 USE OF COMMON PROPERTY

A unit owner must not use the common property, or permit it to be used, to interfere unreasonably with the use and enjoyment of the common property by an owner, occupier or user of another unit, other than in accordance with a special privilege rule.

1.8 HAZARDOUS USE OF UNIT

A unit owner must not use the unit, or permit it to be used, to cause a hazard to an owner, occupier or user of another unit

1.9 USE OF UNIT - NUISANCE OR ANNOYANCE

(1) A unit owner must not use the unit, or permit it to be used, in a way that causes a nuisance or substantial annoyance to an owner, occupier or user of another unit.
(2) This rule does not apply to a use of a unit if the executive committee has given an owner, occupier or user of the unit written permission for that use.
(3) Permission may be given subject to stated conditions.
(4) Permission may be withdrawn by special resolution of the owners corporation

1.10 NOISE

(1) A unit owner must not make, or permit to be made, such a noise within the unit as might (in the circumstances) be reasonably likely to cause substantial annoyance to an owner, occupier or user of another unit.
(2) This rule does not apply to the making of a noise if the Executive Committee has given the person responsible for making the noise written permission to do so.
(3) Permission may be given subject to stated conditions.
(4) Permission may be withdrawn by special resolution of the owners corporation

1.11 ILLEGAL USE OF UNIT

(1) A unit owner must not use the unit, or permit it to be used, to contravene a law in force in the ACT

1.12 WHAT MAY AN EXECUTIVE COMMITTEE REPRESENTATIVE DO?

(1) An Executive Committee representative may do any of the following in relation to a unit at all reasonable times:

(a) if the Committee has reasonable grounds for suspecting that there is a breach of the Act or these rules in relation to a unit— inspect the unit to investigate the breach;

(b) carry out any maintenance required under the Act or these rules;

(2) An Executive Committee representative may enter a unit and remain in the unit for as long as is necessary to do something mentioned in subrule (1).

(3) An Executive Committee representative is not authorised to do anything in relation to a unit mentioned in subrule (1) unless—

(a) the Executive Committee or the representative has given the owner, occupier or user of the unit reasonable notice of his or her intention to do the thing; or

(b) in an emergency, it is essential that it be done without notice.

(4) The Executive Committee may give a written authority to a person to represent the corporation under this rule.

Executive Committee representative means a person authorised, in writing, by the Executive Committee under rule 1.12 (4).

Executive Committee representative for schedule 1 (Default rules)—see schedule 1, rule 1.1. owner, occupier or user, of a unit, for schedule 1 (Default rules)—see schedule 1, rule 1.1

SUPPLEMENTARY RULES

2.1 USE OF COMMON PROPERTY, SMOKING, GARBAGE, AND RECYCLING

(1) A unit owner, occupier or user of a unit must not use the common property, or permit it to be used, to interfere unreasonably with the use and enjoyment of the common property by an owner, occupier or user of another unit.
(2) ‘For Sale’ and ‘For Lease’ signs are not permitted on common property.
(3) Owners, occupiers or users of a unit must not mark, paint, drive nails or screw, or otherwise damage or deface, any structure that forms part of the common property.
(4) Owners, occupiers or users of a unit are encouraged to report to the Strata Manager any graffiti, unauthorised signage or damage that detracts from the appearance and amenity of the common property.
(5) Items that are not the property of the Owners Corporation must not be stored or left on common property without the written permission of the Executive Committee.
(6) The Owners Corporation does not accept responsibility for any personal property removed, damaged or stolen from common property.
(7) An owner, occupier or user of a unit must not smoke or dispose of cigarette butts, or allow any other person to smoke or dispose of cigarette butts, on any part of the common property, including but not limited to the garden beds, communal garden, walkways etc. Smokers must consider their neighbours when smoking in courtyards or on balconies.
(8) Owners, occupiers or users of a unit must not dispose of any refuse, rubbish or recyclable material on common property.
(9) Bulky items that can be recycled but are too large for the yellow top recycling bins must be disposed of at the appropriate ACT Government recycling centre. Other household items (such as bedding, furniture, computers, refrigerators, etc) and trade wastes (such as tiles, timber, plasterboard, etc) must be disposed of at an appropriate ACT Government waste disposal point. The Owner’s Corporation will seek to recoup the cost of waste removal where evidence is provided that the unit occupant acted contrary to this section.

2.2 EXECUTION OF DOCUMENTS

(1) The Strata Manager is allowed to sign all statutory documents required under the Act, including Section 119 certificates and notices of reduced quorums.
(2) The Executive Committee must approve the signing of all other documents, such as contracts and service agreements

2.3 RECOUPMENT OF COSTS OF DEBT COLLECTION

(1) If the Owners Corporation incurs legal or other costs in any legal or administrative action against a unit holder including action to recover amounts owing pursuant to section 95 of the Act then, provided the legal or administrative action was commenced by the Owners Corporation in good faith, the unit holder shall, be liable to pay the Owners Corporation the full amount of the legal fees or other costs incurred in the legal or administrative action.
(2) The unit holder agrees that any monies which are payable pursuant to Subrule (1) shall be a debt enforceable by the Owners Corporation against the unit holder.
(3) Notwithstanding Subrule (1), the Owners Corporation shall not be entitled to recover any legal fees or other costs from the unit owner unless the Owners Corporation first provides to the unit owner a copy of invoices or, where the amount has already been paid by the Owners Corporation, receipts to evidence the amount due or paid by the Owners Corporation. If the unit holder fails to pay the legal fees or other costs in accordance with Subrule (1), the Owners Corporation may declare that a charge is to be imposed over the lease of the unit to secure payment of those costs and the unit holder shall not be entitled to object or seek to remove the registration of that charge over the lease of the unit

2.4 ALL STRATA RELATED CORROSPONDENCE INCLUDING GENERAL MEETING PAPERS TO BE SENT BY EMAIL

(1) For the purpose of giving notice of a general meeting under Section 3.6 of the Unit Titles (Management) Act 2011, notices, levy notices and all other general correspondence will only be sent by email to an address notified for this purpose by the owner. If no email address is nominated to the Strata Manager, the notice will be sent by post.

2.5 TRAFFIC, VEHICLES AND PARKING

(1) Vehicles should not be driven in excess of 10kmh on Canberra Lake Estate roads.

(2) Visitors parking is for bona fide visitors only.

(3) Vehicles are not to be parked on the roads within Canberra Lakes Estate.

(4) Trailers are not to be parked on common property for more than 3 days.

(5) Cars, trailers and other vehicles are not permitted to park on the grass verges surrounding Canberra Lakes Estate. Occasional use of the grass verges to wash cars is permitted provided this does not occur within close proximity of any trees.

(6) No major servicing or repairs to motor vehicles is permitted anywhere on the common property.

(7) Trailers are not to be parked on common property on a permanent basis (maximum duration 3 days)

2.6 EXTERNAL APPEARANCE

(1) Owners, occupiers or users of a unit will ensure that their domestic activities, do not detract from the external appearance of the buildings on the property.
(2) Owners, occupiers or user of a unit must keep any part of the unit that is visible from common property or the exterior of the building clean, tidy and well maintained

2.7 RESPONSIBILITIES

(1) Owners, occupier or users are responsible for any disturbance on, theft or damage to common property caused by them or their guests.
(2) The Owners Corporation accepts no responsibility for damage to or theft of personal property of residents or their guests in any part of the property or its environs.
(3) Based on a Special Resolution of the Owners Corporation on 6 April 2011, the Owners Corporation will undertake the responsibility and cost of painting the external surfaces of all units within the complex as sinking fund monies permit and consistent with the 10-year plan.

2.8 AGM PAPERS AND STRATA CORROSPONDENCE

(1) For the purpose of giving notice of a general meeting under Section 3.6 of the Act, notices and all other general correspondence will be sent by email to an address notified for this purpose by the owner. If no email address is nominated to the Strata Manager, the notice will be sent by post

2.9 GARBAGE BINS

(1) Garbage bins are to be stored within the property boundary.
(2) Garbage bins are to be placed on the roadside the evening before collection and collected the day collection occurs. (3) Garbage bins are not to be kept on the roadside.
(4) Dumping of items on common property is not permitted. Any owner, occupier or users identified dumping items will be charged the removal costs.

2.10 GARDENS

Private gardens and/or exclusive use areas must be kept neat tidy, sustained (having regard to any prevailing water restriction obligations), and not left in neglected state.

2.11 SWIMMING POOL

(1) Owners, occupiers or users must comply with the rules posted at the swimming pool.
(2) The Owners Corporation assumes no liability for any personal injury, loss or damage to personal property.
(3) Hours of use: 7:00am – 10:00pm.
(4) The pool gate must remain locked for safety.
(5) No glass items permitted in the pool area.
(6) No alcohol permitted in the pool area.
(7) No smoking permitted in the pool area.
(8) No bicycles, roller skates, roller blades or skateboards are permitted in the pool area.
(9) No pets
(10) No entry for people with communicable infectious diseases
(11) Use of the pool is for residents and guests only.
(12) Children under 16 years of age must always be accompanied by an adult.
(13) No climbing on any fence or structure.
(14) The BBQ and toilet is to be left clean after use, rubbish removed or placed in the bin provided.
(15) The pool is a shared facility for the enjoyment of all owners. Social gatherings of more than 10 invited family and/or friends should be avoided