RULES OF OWNERS CORPORATION 1 & 2 (Plan 602178B)

THE MONTAGE
61-81 Navigation Drive
1 Encounter Way
60-80 Geographe Street
Docklands Victoria 3008
(Owners Corporation Plan No: 602178B)

INDEX

  1. ACCESS TO LOTS
  2. APPEARANCE OF A LOT
  3. BEHAVIOUR BY MEMBERS AND OCCUPIERS
  4. BUILDING WORKS
  5. CAR PARKING SPACES
  6. CLEANING OF A LOT
  7. COMMON PROPERTY – DAMAGE TO
  8. COMMON PROPERTY AND STORAGE AREAS – INTERFERENCE WITH
  9. COMMON PROPERTY – RESTRICTED USE
  10. COMMON PROPERTY – SECURITY OF
  11. COMMON PROPERTY – USE BY VEHICLES
  12. COMMON PROPERTY – USE OF
  13. COMPENSATION TO OWNERS CORPORATION
  14. COMPLAINTS AND APPLICATIONS
  15. COMPLIANCE WITH RULES BY INVITEES
  16. COMPLIANCE WITH LAWS
  17. CONDUCT OF MEETINGS
  18. CONSENT OF OWNERS CORPORATION
  19. DEVELOPER ~ LENDLEASE DEVELOPMENT PTY LTD
  20. DIRECTORY BOARD
  21. DISPUTE RESOLUTION
  22. FIRE CONTROL
  23. HEALTH SAFETY & SECURITY
  24. INFECTION DISEASES
  25. INSURANCE PREMIUM
  26. LOTS – CHANGE OF USE OF LOTS
  27. MANAGEMENT AND ADMINISTRATION
  28. MOVING OF CERTAIN ARTICLES (INCLUDING FURNITURE AND/OR GOODS)
  29. OWNERS CORPORATION CERTIFICATE
  30. PAINTING, FINISHING, ETC
  31. PETS AND ANIMALS
  32. RECOVERY OF OWNERS CORPORATION CONTRIBUTION FEES/LEGAL COSTS
  33. RESTRICTIONS – CONDUCTING TRADE
  34. ROOF TOP TERRACE LOCATED WITHIN THE COMMON PROPERTY
  35. SECURITY KEYS
  36. SIGNS, BLINDS AND AWNINGS
  37. STORAGE CAGES
  38. STORAGE OF BICYCLES
  39. STORAGE OF FLAMMABLE LIQUIDS
  40. SUPPORT AND PROVISION OF SERVICES
  41. WASTE DISPOSAL
  42. WIND / WEATHER
  43. USE OF APPURTENANCES
  44. ANNEXURE A – SPECIFICATION FOR WINDOW FURNISHINGS

In these rules, unless the context otherwise requires:
– headings are for convenience only;
– words imparting the singular include the plural and vice versa;
– words imparting a gender include any gender
– a reference to a person includes a reference to the person’s executors,
administrators, successors, substitutes
– an expression imparting a natural person includes any company, partnership, joint
venture, association or other Owners Corporation and any governmental authority;
and
– a reference to a thing includes part of that thing.

DEFINITIONS

(a) “Act” means the Subdivision Act 1988 (Vic);

(b) “Owners Corporation” means a Owners Corporation that is incorporated by
registration of a plan of subdivision or a plan of strata or cluster subdivision;

(c) “Building” includes a structure and part of a building or a structure, walls, outbuildings,
service installations and other appurtenances or a building;

(d) “Committee” means a committee of the Owners Corporation appointed in accordance
with the Regulations;

(e) “Common Property” means the common property referred to on Plan of Subdivision
No. 602178B;

(f) “Development” means the development of the land situated at 61-81 Navigation
Drive; 1 Encounter Way and 60-80 Geographe Street, Docklands, Victoria, 3008;

(g) “Land” includes buildings and airspace; being the whole of the land described in the
Plan of Subdivision;

(h) “Land affected by the Owners Corporation” means the lots of which the owners for
the time being are the Members of the Owners Corporation, together with the
Common Property for which the Owners Corporation is responsible;

(i) “Lot” means a part of any land (except a road, a reserve or Common Property) shown
on a plan which can be disposed of separately and includes a lot or accessory lot on
a registered plan of strata subdivision and a lot or accessory lot on a registered
cluster plan;

(j) “Manager” means the company for the time being appointed by the Owners
Corporation as its Manager and a reference in these rules to the Owners Corporation
shall, where there is such a Manager, be construed as a reference to that Manager
unless the context otherwise requires;

(k) “Member” means owner of a lot affected by the Owners Corporation;

(l) “Occupier” means any tenant, licensee or other person or persons occupying the Lot;

(m) “OC Act” means the Owners Corporations Act 2006 (Vic);

(n) “Plan” or “Plan of Subdivision” means Plan of Subdivision for the Development;
being P.S. No. 602178B;

(o) “Regulations” means the Subdivision (Body Corporate) Regulations 2001;

(p) “Rules” means any rules made by the Owners Corporation under the OC Act;

(q) “Security Key” means a key, magnetic card or other device used to open and close
doors, gates or locks in respect of a Lot or the Common Property.

OBLIGATIONS & RESTRICTIONS

The obligations and restrictions in these rules shall be read subject to the rights, grants or
privileges that may be given to any person or persons by the Owners Corporation from time
to time, and to the extent of any inconsistency, any such rights, grants or privileges, prevail
over these rules in respect of the person or persons to whom they are given.
Without limiting the foregoing, these rules shall be read subject to the rights of Lend Lease
Development Pty Ltd ACN (000 311 277) and its related companies and their respective
consultants, employees and agents to conduct marketing activities on the Common Property
until all of the Lots on the Plan of Subdivision are sold, including (without limitation):

(i) allowing invitees to have access to the Common Property in the company of an
agent or representative acting on behalf of Lend Lease Development Pty Ltd; and

(ii) placing and maintaining sale signs, insignia and other fixtures and fittings for
marketing purposes on the Common Property; and

(iii) allowing Lend Lease Development Pty Ltd representatives and their invitees to
conduct selling activities from a Lot, if not sold prior to completion, which will serve
as a display Lot.

NOTE:
If any Rule or part thereof is found by a court of competent jurisdiction to be invalid, unlawful, unenforceable or void, then that Rule or part thereof shall be struck down and shall have no further force and effect, HOWEVER all remaining Rules or part thereof capable of separate enforcement and effect shall continue to be valid and enforceable in accordance with their terms.

NOTE: MODEL RULES FOR OWNERS CORPORATION
It is the intention of the Owners Corporation that these Rules revoke and replace the model rules under the OC Act.


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