Body Corp Rules

CONTENTS

Operational Rules

1. INTERPRETATION
2. LEASING A UNIT
3. COMMON UTILITIES & SECURITY
4. RESTRICTIONS ON USE OF UNITS
5. NOISE, DISTURBANCE & CLEANLINESS
6. USE OF COMMON PROPERTY & ACCESSORY UNITS
7. CAR PARKING
8. EXTERIOR OF UNITS
9. PROCEDURE AND MANAGEMENT
10. DAMAGE TO UNITS
11. ANIMALS
12. MISCELLANEOUS

Schedule 2 Operational Resolutions

 

Operational Rules

These operational rules replace the Schedule 1 rules included in the Unit Titles Regulations 2011 and are in addition to those requirements outlined in the Unit Titles Act 2010. (Rules that may be amended by Majority Resolution)

 

1. INTERPRETATION

1.1 Terms defined in the Unit Titles Act 2010 (“Act”) have the same meaning in these rules as they have in the Act, unless the context otherwise requires.

1.2 These rules are binding on all owners and occupiers of units in the unit title development as well as the employees, agents, invitees, licencees and tenants of all owners and occupiers of units in the unit title development.

1.3 “Owner” has the same meaning in these rules as it has in the Act, and for the purposes of these rules it also includes occupiers of a unit in the unit title development and the employees, agents, invitees, licencees and tenants of all owners and occupiers of units in the unit title development, unless the context otherwise requires.

1.4 “Manager/Secretary” means the company, or individual/s that provide the services of an administrator and fulfills the delegated duties of the Chairperson or Committee as appointed by the Body Corporate from time to time.

 

2. LEASING A UNIT

2.1 An Owner must:

(a) provide a full copy of these rules and a full copy of all future amendments to these rules to any tenant or occupier of the unit; and

(b) provide the Body Corporate with written notice of the full name, landline phone number, cellphone number, email address and address for service for the purposes of the Act for the Owner and for all tenants or occupants of the unit, and promptly notify the Body Corporate in writing of any changes to such details.

2.2 The Body Corporate may require the Owner to pay a bond to the Body Corporate to ensure compliance with these rules by the tenant.

 

3. COMMON UTILITIES & SECURITY

3.1 An Owner shall not:

(a) Tamper with the common security or safety system or adjust any security codes without the permission of the Body Corporate;

(b) Disclose any common security codes to anyone who is not a resident within the development;

(c) Tamper with any utility services or equipment relating to the common property, or another unit including water, power, gas or any other related supply.

3.2 The Owner shall use his/her best endeavours to protect and keep safe his/her unit and any property therein and shall securely fasten all doors and windows to his/her unit on all occasions. If the unit is left unoccupied, the Body Corporate or its agents shall have the right to enter the unit to secure the same.

3.3 An Owner shall observe and perform all rules and regulations relating to the security of the unit title development as the Body Corporate shall from time to time prescribe.

 

4. RESTRICTIONS ON USE OF UNITS

4.1 An Owner of a unit (including any accessory unit) shall not:

(a) Use or permit his/her unit to be used for any purpose other than Retail/Office/Warehouse/Residential accommodation as directed on the original plan, or which is illegal, or may be injurious to the reputation of the unit title development or of the Owners or occupiers of units, or which may interfere with the general management of the unit title development. In particular no unit shall be used as a workshop or office for panel beating, marine and/or vehicle painting, structural steel fabrication, boat building, motor repair and/or wrecking, tow truck operation, plastic recycling, disassembling and/or storage and/or sale of used vehicle parts, undertaker services, or storage of dangerous or bio-hazardous goods or materials;

(b) Hold any auction or garage sale or liquidation sale in any part of the Owner’s unit or common property;

(c) Bring, do or keep anything in his/her unit which shall increase the rate of fire insurance on the unit title development or any property on the land or which may conflict with the laws and/or regulations relating to fires or any insurance policy upon the property on the land or the regulations or ordinances of any public authority for the time being in force;

(d) Use any chemicals, burning fluids, acetylene gas or alcohol in any lighting or heating the premises nor in any other way cause or increase the risk of fire or explosion in his/her unit;

(e) Bring anything into his/her unit that, due to its weight, nature or description, will impose or cause any stress or strain or weight likely to damage, weaken or cause movement or structural defect in any part of the unit title development;

(f) Have (in the case of residential units) more than two permanent residents per bedroom;

(g) Change the original flooring in his/her unit without the prior written consent of the Body Corporate. New flooring which will increase noise transference between units such as wood and or tiles, shall not be permitted. If any proprietor or occupier breaches this rule, the cost of restoring the floor to its original state will be at the proprietor’s expense.

4.2 Illegal activity and drugs: Any resident, owner, tenant or guest undertaking criminal or illegal activity, including the manufacture of illicit drugs, will be reported to the police and have access to the complex facilities terminated. From time to time the Body Corporate may utilise drug dogs and or specialist services to check every floor.

4.3 The Body Corporate will not permit the use of the unit or any other part of the property for the purposes of operation of a brothel or the provision of commercial sexual services or the operation of the business of prostitution within the meaning of those terms as contained in the Prostitution Reform Act 2003.

 

5. NOISE, DISTURBANCE & CLEANLINESS

5.1 An Owner shall not:

(a) Make or countenance any undue noise in or about any unit or common property, or Podium AU1 at any time of the day or night that unreasonably disturbs, irritates or annoys the occupant in any unit This specifically includes noise from use of the common property between the hours of 10pm and 6am. Noise control shall be enforced through the Concierge staff, and Building Manager, and if required as per the relevant local body by-laws for residential premises with the modification that decibel readings shall be taken from within the common property of the unit title development rather than from the roadside;

(b) Use his/her unit or permit it to be used in such a manner or such purpose as to cause an unreasonable nuisance or disturbance to any occupier of any unit or the customers of any such Owner;

(c) Do or permit to be done anything whereby any obstruction, restriction or hindrance may be caused to the entrances, exits, common property or to persons lawfully using the same or carry on any home occupation or other activity which shall increase the traffic flow above that which is expected in a commercial/residential zone;

(d) Play or have in use any musical instrument, stereo, radio, television, washing machine, clothes drier, waste-master, internal combustion engine or any other machine at any time of the day or night in such manner as to unreasonably disturb, irritate or annoy any occupant in any unit or common property. . Noise from one unit, that is able to be heard inside another unit, constitutes undue noise e.g. music or subwoofer sound system or similar equipment;

(e) Deposit anything or throw any dust or beat any mat or carpet on or in or obstruct the use or enjoyment by any other Owners or occupiers of units or the common property or allow any fire or incinerator to be ignited on or in, or upon his/her unit, the common property or any part thereof, unless in accordance with such directions as may be given by the Body Corporate from time to time;

(f) Use language or behaviour in a manner likely to cause offence or embarrassment to any other Owner with normal standards;

(g) Make any complaint to the council in regard to permitted activities within the business/residential zone, provided such activities are operating in accordance with council regulations and in accordance with any restrictions imposed as part of resource consent;

5.2 Breaches of undue noise shall be determined by the decision of Concierge Staff, Building Manager or Body Corporate Committee. Following receipt of a noise complaint, one warning either verbal or written will be issued if necessary. If the noise continues, a default notice and charge costs under Sec 127 of the Unit Titles Act will be issued. In addition, the Building Manager may take other steps as are reasonably necessary to abate the noise.

5.3 All units shall be kept clean and maintained in a manner appropriate to quality premises. All practical steps shall be taken to prevent infestation by vermin and/or insects.

 

6. USE OF COMMON PROPERTY & ACCESSORY UNITS

6.1 An Owner shall not:

(a) Erect any fence, temporary structures, building or shed on any accessory unit or part thereof without the prior written consent of the Body Corporate and the immediately adjacent unit Owners. Any such structures for which consent is given shall be of such design as is specified by the Body Corporate for such structures;

(b) Obstruct any of the pathways and driveways on the land or any easement giving access to the land by any of the Owners or occupiers of the units or use by them for any other purpose than the reasonable ingress and egress to and from their respective units or accessory units;

(c) Obstruct nor deposit nor throw anything on any path, road or entranceway nor damage nor dirty any part thereof. No maintenance or repair work shall be carried out on any motor vehicle, boat, vehicle or apparatus in any such places or common property;

(d) Use the common property or unit in such a manner as to unreasonably interfere with the use and enjoyment thereof by other Owners and their customers and visitors. The judgement of the Building Manager shall be accepted in determining whether unreasonable interference exists;

(e) Cut, trim, prune or damage any lawn, garden, tree, shrub, plant or flower being part of or situated on the common property or use for his/her own purposes as a garden any portion of the common property except with the prior written consent of the Body Corporate;

(f) Allow an accessory unit garden or courtyard to become overgrown with weeds, or be kept in an untidy state. Should this be disputed the judgement of the Body Corporate Committee majority shall be accepted, otherwise the Buildign Manager shall make such a determination;

(g) Store or leave anything on the common property or in any of the accessory units except in any area or areas that may from time to time be designated for that purpose by the Body Corporate;

(h) Place any rubbish on any common area or in any part of his/her unit visible from the common area except in those areas specifically designated for that purpose by the Body Corporate;

(i) Use any common area rubbish bin for household or commercial purposes;

(j) Erect or display any sign on the common property or in any accessory unit without written permission of the Body Corporate.

6.2 No one shall be permitted to smoke in any common area, AU1, hallway, stairway or lifts, car parks or balcony.

6.3 GYM FACILITY – Children under 15 years are not permitted to use the Gym and those under 16 years must be supervised by a proprietor or occupier. Safety of residents, occupational health standards and good hygiene are important, with safe footwear and gym clothing expected to be worn. Equipment should be cleaned after use and any equipment used, returned to original position and condition. Sanitized wipes are provided to remove sweat etc, from the equipment.

6.4 SWIMMING, SPA POOL AND SAUNA – Children under 15 years are NOT permitted in the above areas without parental supervision. All guests using the Level 4 facilities must be accompanied by the Proprietor or occupier at all times. Drinks, glass, and food are not permitted in the pool and spa area.

 

7. CAR PARKING

7.1 An Owner shall not:

(a) Park or stand any vehicle on the common property or in any car park except those accessory units designated to the relevant unit on the unit plan or in an accessory unit belonging to another Owner who has granted permission for a vehicle to be parked there;

(b) Store any vehicle that is not in running condition in any accessory unit or on the common property;

(c) Park any vehicle in any car park designated as a “disabled car park” without displaying relevant; mobility parking permit;

(d) Permit any shipping container or similar to be placed on the common property or on any accessory units without the permission of the Body Corporate. If such permission is granted the Owner must ensure that damage to the common property surface is prevented;

(e) Park any vehicle on the common property or an accessory unit that leaks diesel, petrol or other fluid which may stain or damage the surface of the common property or accessory unit.

7.2 If a breach of rule 7.1 occurs, the Owner of the vehicle may be liable for any towing, cleaning or repair costs reasonably incurred by the Body Corporate.

 

8. EXTERIOR OF UNITS

8.1 An Owner shall not:

(a) Permit the exterior of his/her unit to be painted or refurbished except where approved by the Body Corporate. Approval will only be granted for schemes in keeping with the rest of the unit title development;

(b) Exhibit, paint, affix, display or put on any part of the outside of any unit any signage that does not comply with any current signage scheme that has been approved by the Body Corporate with the following exceptions:

(i) one real estate sign to be placed in the window of any unit for sale; or (ii) any other signage which has been approved by the Body Corporate;

(c) Hang or display in such a way as to be visible from the common property or roadway any articles that may detract from the quality and tidy appearance of the unit title development (including, without limitation, washing lines, air-conditioning units and advertising banners);

(d) Affix wireless and television aerials or security equipment without the prior written permission of the Body Corporate;

(e) Erect external blinds nor hang curtains or blinds visible from the outside of the unit unless those curtains have a backing of such colour and design approved by the Body Corporate. In giving such approval the Body Corporate shall ensure so far as practicable that curtain backing used in all units presents a uniform and orderly appearance when viewed from the outside of the unit title development.

 

9. PROCEDURE AND MANAGEMENT

9.1 The Body Corporate may make such rules and regulations as it may deem necessary or desirable from time to time in relation to the use, safety and cleanliness of the units and the common property and the conduct of the Owners and all occupiers and visitors who shall at all times observe and perform such rules and regulations.

9.2 All requests for consideration of any particular matter to be referred to the committee of the Body Corporate shall be directed to the Manager/Secretary in the first instance and not the Chairperson or any members of the committee.

9.3 Owners shall not directly instruct any contractors or workmen employed by the Body Corporate unless authorised to do so.

9.4 For the purpose of ensuring adequate and proper control and management of units and the common property at all times, every Owner shall use his/her best endeavours to ensure that all visitors, invitees, servants, employees, agents, children, licencees and tenants are aware of these rules.

9.5 The Body Corporate may make rules relating to the common property and in particular relating to car parks and all rules shall be observed by the Owners and occupiers of units unless and until they are disallowed or revoked by a majority resolution at a general meeting of the Body Corporate.

9.6 These Rules shall be interpreted with reasonable latitude necessary to enable an Owner or occupier or the developer who shall be in the course of permitted construction or development in their unit to carry out and complete such works notwithstanding that they may temporarily interfere with the peaceful enjoyment of the other units.

 

10. DAMAGE TO UNITS

10.1 The cost of repairs to or rectification of any damage or blocking resulting to waste pipes and drains, water apparatus from misuse or negligence shall be borne by the Owner who caused the damage, regardless of whether the damage was caused by his own actions or those members of his household, or his servants, agents, tenants or invitees.

10.2 An Owner or occupier of a unit shall give the Body Corporate prompt notice of any accident to or defect in the water pipes, gas pipes, electric installations, fixtures of the unit which comes to his knowledge and the Body Corporate shall have authority by its agents or servants in the circumstances having regard to the urgency involved to examine or make such repairs or renovations as they deem necessary to the safety and preservation of the unit title development as often as may be necessary.

10.3 All windows shall be kept clean and if broken or cracked shall be promptly replaced by the Owner or occupier of the unit at his/her expense with new glass of the same or better quality and weight as the original.

 

11. ANIMALS

11.1 An Owner of a unit must not, without the prior written consent of the Body Corporate, bring or keep any animal or pet in any unit or the common property or AU1, which consent may at any time be withdawn.

11.2 No cats are permitted on the premises.

11.3 In the case of a dog or animal approved by the Body Corporate, a proprietor or occupier of any Unit may keep such animal in that unit provided

(a) Such an animal does not interfere with the quiet and reasonable enjoyment of the other proprietors or occupiers or create a nuisance and

(b) If any such animal creates a nuisance, (for instance a dog barking excessively), it shall, if the nuisance is continued, after one letter of warning from the Body Corporate, be removed from the property permanently at the request of the body corporate;

(c) The keeping of such an animal does not breach any regulations of the territorial authority e.g Local council, Health regulations or creates a breach of the Act, and

(d) The proprietor or occupier notifies in writing the Body Corporate secretary of the existence of any such animal

 

12. MISCELLANEOUS

12.1 An Owner shall not:

(a) Restrict light or air to adjoining units;

(b) Other than at such times and only as the Body Corporate shall authorise, use or permit to be used for the receipt delivery or other movement of any goods or articles in bulk or quantity such parts of the unit and the common property as the Body Corporate may from time to time permit and the occupier will comply with all reasonable requirements of the Body Corporate in regard to such matters AND in particular where there is a service entry to the unit will not take any goods into the unit except through such service entry.

 

SCHEDULE 2

Operational Resolutions

These operational resolutions are resolutions approved by the Body Corporate relating to delegated duties under Section 108 of the Unit Titles Act 2010, and Section 11 of the Unit Title Regulations 2011 and the delegated duties of the Body Corporate Committee under Section 109 of the Unit Titles Act 2010 and Section 11 of the Unit Title Regulations 2011.

(These Resolutions may be amended by Special Resolution)

1. Delegation of Duties

1.1 The Body Corporate has resolved to delegate its duties (including without limitation the duties of the Chairperson under Section 11(1) of the Unit Title Regulations 2011) pursuant to Section 108(1) of the Unit Titles Act 2010 to the Body Corporate Committee.

1.2 The committee may contract with a manager/secretary to perform some, or all, of the tasks they have been delegated.

2. Committee of the Body Corporate

2.1 Unless otherwise directed by resolution at a general meeting the committee may approve expenditure of up to $5,000.00 (plus GST where applicable) per single item. Any expenditure above this sum not being expenditure which the Body Corporate is legally obliged or previously authorised to incur, shall be referred to a general meeting.

2.2 Subject to any restriction imposed or direction given at a general meeting, or the Unit Titles Act 2010 and Unit Titles Regulations 2011, the committee may:

(a) Meet for the conduct of business, adjourn and otherwise regulate its meetings as it thinks fit provided that it shall meet when any member of the committee gives to the other members not less than 7 days notice of a proposed meeting, specifying the reason for calling the meeting;

(b) Decide matters of business by e-mail or facsimile without the necessity of calling a meeting provided that a decision on a matter is determined by majority agreement for which evidence of an e-mail/facsimile response will be deemed as the vote received for that member. Unless otherwise agreed at a general meeting the provisions of Section 28 of the Unit Titles Regulations shall be deemed to have been fulfilled by the provision of the Financial Statement for the relevant financial period without the need to provide additional information by way of reporting to owners.

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