Owners Corporation Rule Breach

4. DEVELOPMENT AND MAINTENANCE OF A LOT

(a) Design Guidelines

(b) Builders' Site Refuse Guidelines

  • (b) Builders' Site Refuse Guidelines Must ensure that any builder of a Residence on that Member's Lot complies with the Builders' Site Refuse Guidelines;

(c) Appearance of Residence

  • (c) Appearance of Residence Must install permanent window furnishings within three months of the issue of an occupancy permit for the construction of the Residence and ensure the Residence is kept clean and maintained in good repair including (without limitation) all fences, walls, windows, gates, sidewalls, walkways and driveways within a Lot;

(d) Driveway

  • (d) Driveway Must construct a driveway leading from the Residence to the road prior to the occupation of the Residence by the Member;

(e) Fencing

  • (e) Fencing Must erect fencing around the Lot subject to the requirements of these Rules and the Design Guidelines within three months of the issue of an occupancy permit for the construction of the Residence;

(f) Upkeep of Yard Areas

  • (f) Upkeep of Yard Areas Must maintain and keep tidy the front, side and rear gardens, irrigation facilities, drainage facilities, swimming pools, spas, fountains and other surrounds of the Lot to the standard of a first class residential development as determined by the Owners Corporation;

(g) Nature Strip

  • (g) Nature Strip Must maintain and keep tidy any nature strip adjoining the Lot;

(h) Rubbish disposal

  • (i) Must ensure that the disposal of rubbish or waste does not adversely affect the health, hygiene or comfort of the Occupiers or users of other Lots;

  • (ii) Must conceal all rubbish bins from public view except on the days and during the times designated for rubbish disposal;

(i) Vermin

  • (i) Vermin Must take all practicable steps to prevent infestation of the Lot by vermin or insects;

(j) General Appearance of Property

  • (j) General Appearance of Property Must keep the Lot free of rubbish;

(k) Rectification of Non-Compliances

  • (k) Rectification of Non-Compliances Must rectify any non-compliance with the approved plans and specifications for the works in accordance with any notice in writing served on the Member by the Developer until the Date of Completion of the Development or thereafter by the Owners Corporation or its delegate;

(l) Cease Construction on Demand

  • (l) Cease Construction on Demand Must cease construction of works on a Lot if required by notice in writing served by the Developer until the Date of Completion of the Development or thereafter by the Owners Corporation or its delegate pending resolution specifications for the Lot; and

(m) Enforcement Costs

  • (m) Enforcement Costs Must pay all costs incurred by the Developer or the Owners Corporation in respect of the Member's Lot.

  • 5. AMENITY CONTROLS

(a) No Breach

  • (a) No Breach Must not breach any provisions of the Design Guidelines on a Lot or in the vicinity of a Lot; Must not without the prior written consent of the Owners Corporation alter

(b) No Alterations

  • (b) No Alterations gas, water, drainage, septic, sewerage, electrical or any other utility connections and services to a Lot;

(c) No Interference

  • (c) No Interference with Cabling Must not do any act or thing or allow any act or thing to be done to the Lot or the Common Property that may in any way damage or interfere with the use of cabling and ancillary equipment (“the electronic cabling”) installed or to be installed by the Developer on the Land in order to provide telephone service, cable television, internet or other such telecommunications or electronic data or services. It is acknowledged that the electronic cabling (if any) remains the property of the Developer;

(d) Use of Lot

  • (i) Must not use or permit a Lot affected by the Owners Corporation or the Common Property to be used for any purpose which may be illegal or injurious to the reputation of the Land or the Development or which may cause a nuisance or hazard to other Member’s or Occupier’s of any Lot or the visitors of any Member or Occupier;

  • (ii) must give written notification to the Owners Corporation if the Member or Occupier changes the existing use of the Lot in a way that will affect the insurance premiums for the Owners Corporation.

(e) Garage

  • (e) Garage Must not use the garage in a Lot for any purpose other than as a garage for vehicles and for general storage purposes;

(f) Restrictions on Carparking

  • (i) Commercial vehicles Must not park or allow to be parked on a Lot or any road or any other land in the vicinity of a Lot any commercial vehicles (including but not limited to trucks, utilities, caravans, trailers, boats or any other mobile machinery) unless such commercial vehicles are housed or contained wholly within a carpark or garage on a Lot or parked in the driveway on a Lot and screened from public view;

  • (ii) All vehicles Must not park or allow any vehicle to be parked on the front lawn of a Lot or the nature strip adjoining a Lot;

  • (iii) Vehicles on Common Property Must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle—

  • (A) to be parked or left in parking spaces situated on Common Property and allocated for other Lots; or

  • (B) on the Common Property so as to obstruct a driveway, pathway, entrance or exit to a Lot; or

  • (C) in any place other than a parking area situated on Common Property specified for that purpose by the Owners Corporation.

(g) No Vehicle Repairs

  • (g) No Vehicle Repairs Must not carry out or cause to be carried out on a Lot or on any road or any other land in the vicinity of a Lot any dismantling, assembling, repairs or restorations of vehicles unless carried out at the rear of a Residence on a Lot in a location which is screened from public view;

(h) No Signs

  • (h) No Signs Must not erect or display any sign, hoarding or advertising of any description whatsoever on a Lot (including a "For Sale" sign) unless the following applies:

  • (i) the Lot is being advertised for re-sale and in such a case only one advertising sign will be permitted;

  • (ii) the signage is for a display home and the consent in writing of the Design Assessment Panel has been obtained;

  • (iii) the signage is for builders or tradespersons identification during construction of the Residence provided:

  • (A) the signage has a maximum size of 600mm x 600mm; and

  • (B) the signage is removed within 10 days of the issue of the occupancy permit.

(i) Fencing

  • (i) Must not construct any fence that does not comply with the Design Guidelines;

  • (ii) Must not alter or remove any fence without the approval of the Owners Corporation;

  • (iii) Must not allow any fence to fall into a state of disrepair;

  • (iv) Must not claim any cost of maintenance of or repairs to the fence from the Owner if the Owner is the owner of an adjoining Lot; nor

  • (v) Must not repair or renew the fence with any materials which are not of the same nature, quality and standard as those originally used for the construction thereof;

(j) Insurance Premiums

  • (j) Insurance Premiums Must not do or permit anything to be done which may invalidate, suspend or increase the premium for any insurance policy effected by the Owners Corporation, without the prior written consent of the Owners Corporation;

(k) No Damage to Common Property

  • (k) No Damage to Common Property Must not mark, paint or otherwise damage or deface any structure that forms part of the Common Property;

(l) No Interference with Common Property

  • (i) Must not use the Common Property or permit the Common Property to be used in such a way as to unreasonably interfere with or prevent it being used by other Member’s or Occupiers of Lots or their visitors;

  • (ii) Must not, without the written approval of the Owners Corporation, use for his or her own purposes as a garden any portion of the Common Property.

  • (iii) An approval under subrule (ii) may state a period for which the approval is granted.

(m) Articles on Common Property

  • Must not without the prior written consent of the Owners Corporation, remove any article from the Common Property placed there by direction or authority of the Owners Corporation and must use all reasonable endeavours to ensure that those articles are used only for their intended use and not damaged;

(n) No Storage on Common Property

  • (n) No Storage on Common Property Must not store any materials or goods on the Common Property except with the prior written consent of the Owners Corporation and in accordance with the terms and conditions contained in that consent;

(o) Not cause a danger

  • (i) Must not keep the Lot in a manner which is dangerous or likely to cause danger to life or property;

  • (ii) Except with the approval in writing of the owners corporation, must not use or store on the Lot or on the Common Property any flammable chemical, liquid or gas or other flammable material.

  • This rule does not apply to— (A) chemicals, liquids, gases or other material used or intended to be used for domestic purposes; or

  • This rule does not apply to— (B) any chemical, liquid, gas or other material in a fuel tank of a motor vehicle or internal combustion engine.

(p) Noise

  • Must not by himself or herself or by allowing any other person in a Lot or on Common Property to:

  • (i) carry on a noxious or offensive activity; or

  • (ii) make or allow noise in a Lot or on Common Property that will interfere with the enjoyment of a Lot or the Common Property by others;

(q) Behaviour

  • (q) Behaviour Must not be on Common Property, or on any part of a Lot so as to be visible from another Lot or Common Property unless clothed and must not use language or behave in a manner likely to cause offence or embarrassment to another Member or to any person lawfully using the Common Property.

(r) Pets and Animals

  • (i) Must not allow animals, except common household pets, in a Lot or the Common Property and the behaviour of pets in a Lot or the Common Property must be controlled so that it:

  • (A) does not interfere with the enjoyment of a Lot or the Common Property by others;

  • (B) minimises the adverse impact of such pets on fauna in a Lot and in Common Property;

  • (ii) Rule (i) applies subject to any law;

  • (iii) Dogs are not allowed on the Common Property except if on a leash or carried;

  • (iv) Cats must be kept indoors during the hours of darkness and must at all times wear a collar and bell;

  • (v) All animals must wear an identification tag clearly showing the Member’s address and telephone number;

  • (vi) Any excrement deposited by a pet on the Common Property must be removed promptly by the owner of the pet;

  • (vii) Any Member who keeps and maintains a pet will be liable for any and all action by the pet whether or not the Member had knowledge, notice or forewarning of the likelihood of such action;

  • (viii) If any animal causes a nuisance the Owners Corporation may give notice that the animal is causing a nuisance. If the owner does not take steps to prevent further nuisance from occurring Owners Corporation may give notice to remove the animal from the Lot or Common Property (or both). The Member must remove the animal from the Lot or the Common Property immediately upon receipt of the notice from the Owners Corporation;

Design Guidelines Breach

  • Is this a Design Guidelines Breach?

4.0 Dwelling Design

  • 4.1 The design theme of Alamanda will be of contemporary Australian architecture with traditional styled dwellings not accepted.

  • 4.2 Designs incorporating a variety of contemporary architectural styles, building materials including façade articulation and varying roof forms will be encouraged.

  • 4.3 The front wall must be articulated to break up its mass, through variations in the building line and/or projecting details such as verandahs, shading device, balconies, porches or pergolas. If entry structures such as porticos are to be provided, they must be substantial in character.

  • 4.4 To assist in varying design opportunities, providing articulation to a double storey dwelling, it is suggested that the upper floor area be less than the ground floor area.

  • 4.5 Modern Australian designs would be encouraged utilising masonry render works, feature natural stone, exposed timber cladding, contemporary roof and awning themes, articulation of single and double storey volumes and colour tones which reflect the theme of the design. Refer to diagram 2.

  • 4.6.1 Dwellings constructed on corner lots must be designed to address both the main street and side street frontages through the use of wrap around verandahs, feature windows and other design features that match the front elevation.

  • 4.6.2 The secondary façade i.e. the façade that faces the longest street frontage should have a minimum of two habitable room windows facing the secondary street frontage to match the windows of the main facade. The secondary façade must include substantial articulation.

  • 4.6.3 Additionally, two storey homes must have all upstairs windows which face the longest street frontage match the style of the front windows.

  • 4.6.4 Blank walls to the side streets are not permitted.

  • 4.6.5 Corner allotments with crossovers located along the side street boundary may be considered on an individual basis. The final decision will be made by the Design Assessment Panel.

  • 4.6.6 Dwellings which are located adjacent to a park or public area must address the park with at least two habitable room windows for both aesthetic and increased surveillance purposes.

6.0 Building Materials and Colours

  • 6.1 External walls (excluding windows) of any dwelling must consist of at least two textural elements including 50% brick and or masonry and at least one other approved material.

  • 6.2 The use of external materials and colours for wall cladding, fences, storage facilities and retaining walls must enhance the streetscape and façade of the dwelling.

  • 6.3 Unpainted and/or untreated metalwork is not permitted unless approved by the Design Assessment Panel.

  • 6.4 Mirrored glazing will not be permitted.

  • 6.5 Fibre-cement sheeting may be permitted if finished in either a textured or rendered surface.

  • 6.6 Dwellings must have at least 25% render to the front façade or other texture coated material as approved by the Design Assessment Panel.

7.0 Roof Pitches and Roof Materials

  • 7.1 Varying roof pitches and forms are encouraged.

  • 7.2 Roof materials must be constructed from masonry and/or terracotta tiles, colorbond or colour treated non reflective materials. (Note: uncoloured galvanised or aluminium finishes must not be used)

8.0 Garages

  • 8.1 A lockup garage must be provided for at least two vehicles and must be incorporated into the design of the dwelling, ten (10) metre frontage lots must have a lockup garage for at least one vehicle incorporated into the design of the dwelling.

  • 8.2 Garage side boundary walls facing the front boundary are not encouraged. Should it be essential that this occur then the wall in question must contain windows of a size and proportion matching that of the general dwelling façade. Design approval of this elevation will be at the discretion of the Design Assessment Panel.

  • 8.3 All garages must have a slimline or panel lift door to all street frontages. Roller doors and metal tray deck doors will not be permitted. Refer to diagram 5.

  • 8.4 It is preferable for the garage to have a natural timber or light coloured finish which matches or compliments that of the external walls.

  • 8.5 Garages are to be built behind the main building line. Garages in front of the main building line will be considered in cases of exceptional building design and at the discretion of the Design Assessment Panel.

  • 8.6 Three car garages are discouraged however will be assessed by the Design Assessment Panel on an individual basis. A triple garage must not be more than 50% of the dwelling façade and must incorporate a side. separated having one double door on one side of the dwelling and a single garage on the opposite staggered setback and articulation to the doors. Alternatively the doors can be

  • 8.7 All garages must be constructed in harmony with the main house by using materials and colours which reflect the overall architectural theme of the house.

11.0 Fencing

  • 11.1 Front fencing is not permitted to any street other than Alamanda Boulevard display village.

  • 11.2 All boundary paling fences must be timber capped with timber posts exposed to both sides of the fence.

  • 11.3 Boundary fences must finish 1.0m behind the main building line to enhance the front façade. Refer to diagram 8 & 10

  • 11.4 Fencing erected between the boundary fencing and the main dwelling must be of a material and colour that blends with the main dwelling and the surrounding streetscape. This detail is to be included as part of the approval submission.

  • 11.5 Lots 377 – 386 in Stage 5, which are adjacent to Bayview Park, will have a rear fence provided by the developer.

12.0 Letter Boxes

  • 12.1 Letter boxes should be designed to compliment and match the dwelling, using the same materials and finishes. Refer to diagram 11.

13.0 Landscaping

  • The Developer will provide Alamanda residents with high quality streetscapes, parks and community facilities which are valued at over $15 million. This investment in quality public landscaping adds significant value to any community. To compliment this you are encouraged to invest in the quality landscaping of your own front yard and nature strip. This not only promotes an attractive neighbourhood but also improves the value of your dwelling.

  • 13.1 Landscape plans must be submitted to the Design Assessment Panel for approval with your initial submission of the dwelling plans.

  • 13.2 The landscaping of your front garden and nature strip must be in accordance with the approved landscape plans and must be completed within 3 months of receiving your Occupancy Permit.

  • 13.3 Regular inspections will be undertaken to ensure that landscaping has been completed within the required time and in accordance with the approved landscape plans. Should your landscaping not be completed within the specified time, action may be taken to have this requirement met. Extensions of time will only be considered in exceptional circumstances.

  • 13.4 Drought tolerant landscape designs are highly encouraged. This includes the use of native and indigenous plants and minimal use of lawn areas in both front gardens and nature strips.

  • 13.5 You are also encouraged to refer to the Wyndham City Council's, "Nature Strip Guidelines" dated May 2008 to find out what alternative landscape treatments are permitted in nature strips.

  • 13.6 The minimum landscape works require the following to be undertaken: 1. Fine grading and shaping of the garden bed and lawn areas; 2. Cultivation of existing soil in the garden beds to a 200mm depth, the addition of imported topsoil and fertiliser to the garden beds and the covering of the garden beds with mulch or other selected topping; 4. The supply and installation of:  20 selected shrubs in 150mm pots in the garden beds; and  One advanced feature tree in a 75 litre pot. 5. The supply and installation of extensive mulched/pebbled planting areas in lieu of lawn. Hardy grasses will also be considered favourably; and 6. The supply and installation of an irrigation system to be operated from a tap in the front garden area, having:  A watering drip system in the garden areas; and  A drip system to the advanced feature tree.

  • 13.7 The minimum requirements may be altered provided it can be demonstrated that any alternative proposal presents well to the street as determined by Design Assessment Panel.

15.0 Additional Building and Ancillary Items

  • 15.1 All additions and extensions to the dwelling including outbuildings and other ancillary structures which will be visible to the public such as, but not limited to verandahs, pergolas, garden sheds must be approved by the Design Assessment Panel in the same manner as the dwelling application.

  • 15.2 Sheds should be restricted in size and must be in harmony with the other buildings. Sheds are to have a maximum wall height of 2.4m, maximum ridge height of 3 metres and a maximum floor area of 9 square metres. It is the responsibility of the Purchaser to ensure that the requirements relating to location, size and height for all outbuildings adhere to governing authority requirements.

  • 15.3 All sheds are to be erected with a muted/earthy tone colorbond material.

  • 15.4 The design, appearance and external colours and materials of all outbuildings should be aesthetically integrated with the house. Untreated and/or unfinished surfaces must not be used including reflective materials such as galvanised iron and aluminium.

  • 15.5 No carports are permitted to the front of the dwelling.

  • 15.6 External TV antennae, satellite dishes, clothes lines and external plumbing must not be visible from the front street elevation. Front street means the street or road that forms the frontage to the lot concerned.

  • 15.7 Solar hot water panels used for the dwelling must be integrated with the roof design and should be located on the most energy efficient area of the dwelling.

  • 15.8 Solar hot water panels for heating swimming pools and similar leisure activities must be located away from the main street frontage.

  • 15.9 Externally mounted spa equipment attached to side boundary walls of any dwelling must be positioned out of public view and be painted in a colour matching the adjoining wall surface.

  • 15.10 Air conditioners and or any component thereof must be located such that they cannot be viewed from the public area of the streetscape. If roof mounted they must be of low profile, located below the ridgeline/roof at its highest point and coloured to match the roof material.

  • 15.11 There are to be no security roller shutters devices or similar erected to the front façade of any dwelling. Should roller shutters be erected to the remainder of the dwelling they must be in keeping with the colour selection and architectural style of the dwelling.

  • 15.12 Internal window furnishings which can be viewed from the street must be fitted within three (3) months of occupancy.

Club Rules Breach

7. RECREATIONAL FACILITIES - Each Member must observe the following rules in relation to the Recreational Facilities in the Development and must ensure that any invitee does not use the Recreational Facilities except in accordance with the following rules or such other rules as determined pursuant to rule 8:

  • (a) Invitees to be accompanied Member’s invitees must only use the Recreational Facilities if accompanied by a Member;

  • (b) Alcohol Alcohol is not to be taken into or consumed around the Recreational Facilities without the prior consent of the Owners Corporation;

  • (c) Smoking Smoking is not permitted inside any buildings forming part of the Recreational Facilities;

  • (d) Behaviour No Member or Member’s invitee is permitted to behave in a manner in the vicinity of the Recreational Facilities which interferes with the use and enjoyment of those Recreational Facilities by any other person;

  • (e) Clothing Suitable clothing must be worn in the Recreational Facilities at all times;

  • (f) Risk All users of the Recreational Facilities do so at their own risk;

  • (g) Notification of Damage A Member must promptly notify the Owners Corporation or the Owners Corporation Manager on becoming aware of any damage to, or defect in, the Common Property or any personal property vested in the Owners Corporation;

  • (h) Compensation A Member must compensate the Owners Corporation in respect of any damage to the Common Property or personal property vested in the Owners Corporation caused by that Member or its invitees; and

  • (i) Obey Directions Each Member and Member’s invitee must obey any lawful direction given to them by the Owners Corporation.

8. RECREATIONAL FACILITIES RULES

  • (a) Additional RulesThe Owners Corporation may make additional rules relating to the use of the Recreational Facilities on the condition that those rules are not inconsistent with these Rules.

  • A breach of any rules made by the Owners Corporation pursuant to Rule (a) will be deemed to be a breach of these Rules.

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