Saltwater Coast Residents Handbook

RESIDENT HANDBOOK

WElcomE tO SAltwAter COASt

this handbook has been compiled by the Owners’ Corporation Committee in collaboration with the Owners’ Corporation Manager and lifestyle Centre Management. It is designed to provide Saltwater Coast residents with information about estate Guidelines, facilities available as well as other general information.

It is our hope that the handbook will help you and your fellow owners and residents appreciate the quality of life in Saltwater Coast.

You’ll find information pertaining to different areas such as lifestyle Centre inductions, tennis court and function room bookings as well as contact details for the Owners’ Corporation. Also in the handbook are details about the local council, transport and amenities to help you make the most of the Point Cook area.

coNTENTS

WElcomE To SalTWaTER coaST 3

Introduction 7

residential Standards and expectations 8

Owners’ Corporation Committee Overview 9

the Function of the Owners’ Corporation Committee 9

Owners’ Corporation Structure 10

Access to the residents web Site 11

lifestyle Centre 12

How to gain access to the facility 12

when are inductions available? 12

How many access passes am I allowed? 12

Facility Opening Hours 13

Pools 14

Gymnasium 15

tennis Courts 16

Function room 17

Coast Café 18

General Information 20

Parks and BBQ’s 20

Parks and Dogs 20

Garbage Collection 21

Snake Sightings 21

Fencing 21

Newsletters 22

Playgroup 22

Snap, Send, Solve – residential Compliance Assistant 22

Community Information Groups 22

Important & local Contacts 23

oWNERS’ coRpoRaTIoN RulES 25

1. Interpretation 25

2. Definitions 25

3. Use of lots – developer 26

4. Development and maintenance of a l`ot 26

5. Amenity controls 27

6. each member of the Owners Corporation agrees that: 29

7. recreational facilities 29

8. recreational facilities rules 29

9. Non-compliance 30

10. GSt 30

11. Dispute resolution 30

12. Additional rules 31

13. Definitions 31

14. Design review committee 31

15. Meetings of the design review committee 31

16. Powers and functions of the design review committee 32

17. works carried out by the member 32

18. Proceeding with works 33

19. Inspection and correction of works 33

20. Non liability of members 33

21. Variance of works 34

22. Monitoring of compliance 34

Breach Process 35

About FKP 35

INTRoDucTIoN

Saltwater Coast blends seamlessly with surrounding Coastal Parklands, nearby beach areas and the Cheetham wetlands, which is host to thousands of migratory birds.

the estate is classified as a Master Planned Community, which is a self-sufficient residential area that provides for all of the needs of its homeowners, while ensuring a healthy and quality lifestyle. Saltwater Coast will include over 2,500 homes once it’s completed. everything you need will be right on your doorstep, including a state-of-the-art lifestyle Centre, neighbourhood shopping centre, childcare facilities, primary schools and sporting ovals.

there are significant advantages to owning a home and/or residing in a planned community like ours: lifestyle opportunities, security, convenience, and peace of mind.

Of course, most master-planned estates have design guidelines to reassure buyers that their lifestyle and investment will be protected. Buyers and residents will have a clear picture of what the area will look like in the future, as the relevant guidelines would already be in place.

It is the residents’ prerogative to embrace as much or as little social interaction and community spirit as they wish.

with a sound master plan in place, the future infrastructure needs of residents can be accounted for, rather than allow the estate to simply evolve ad hoc.

to ensure the consistency of standards and facilities, the estate is overseen by an Owners’ Committee which provides management and direction for services (maintenance of common areas) and facilities on behalf of all property owners within the Saltwater Coast Community.

Saltwater Coast combines modern urban design with the appeal of a coastal setting. As residents, we can all enjoy the natural open space of the wetlands and the state-of-the-art lifestyle Centre.

SAltwAter COASt 76 reSIDeNtS HANDBOOK

the Owners’ Corporation Committee sets the Contribution Fees and regulates the payment times. the Owners’ Corporation Manager therefore issues corresponding invoices to individual owners to ensure the financial commitments of the Owners’ Corporation are met. where required, the Owners’ Corporation Committee will calculate and distribute invoices for Special levies/Sinking Funds to cover costs incurred over and above general maintenance items.

Common Area accounts, as received from Contractors and services providers, are paid on a monthly basis. the Owners’ Corporation Management maintains accounting ledgers of all transactions.

the Manager on behalf of the Owners’ Corporation convenes an Annual General Meeting of all owners. throughout the year, however, meetings may be convened to discuss and/or resolve any issues of concern. Minutes of such meetings are prepared and are available to all owners for their information.

RESIDENTIal STaNDaRDS aND ExpEcTaTIoNS

As an owner or resident of Saltwater Coast, you have certain responsibilities towards the presentation of your property. these are categorised as either Design Guidelines or Owners’ Corporation rules.

regular reviews are necessary to ensure existing properties are maintained in accordance with these rules and guidelines. lifestyle Centre management will conduct ongoing reviews of all settled properties within the estate. In the instance a property is identified as having some aspects which do not meet the standards required under either the Owners’ Corporation rules and/or Design Guidelines, a yellow courtesy card (or in some cases a letter) is to be left in the mailbox of the property concerned, explaining the issue as well as the necessary action.

these instances are known as Breaches, and if a Breach is not rectified, a process of resolution will be initiated which is detailed at the end of this manual. More information regarding this process, the Design Guidelines and Owners Corporation’ rules are provided on the Community Intranet at www.saltwatercoastonline.com.au

BREach TypES (foR claRITy)

Design Guidelines – will refer to an Owner Occupier. these Breaches will include but not be limited to landscaping Design / Driveways / Fences / window Furnishings.

Owners Corporation rules – will refer to the resident of the Property being an Owner or tenant. these Breaches will include but not be limited to Garden Maintenance / Nature Strip Maintenance / rubbish Disposal (for example, bins are to be concealed from public view on any day but collection day).

oWNERS’ coRpoRaTIoN commITTEE ovERvIEW

the estate Management group is made up of three components:

• Owners’ Corporation Committee – consisting of the elected members of the lot Owners Corporation.

• Owners’ Corporation Management – an externally-contracted professional estate management business.

• Facility Management – an externally-contracted business responsible for the staffing requirements and administration of the lifestyle Centre.

the Owners’ Corporation Committee is a group of up to 12 Owners’ Corporation Members elected at the annual general meeting (AGM), who meet at regular intervals to oversee the management of the common property including the lifestyle Centre. the AGM is normally held in late December. we encourage all Owners’ Corporation members to attend the AGM and nominate if they wish to become part of the Owners’ Corporation Committee. All owners and residents can contact the Committee through our website at: www.saltwatercoastonline.com.au or through contact numbers provided in this handbook.

IN gENERal TERmS, ThE oWNERS’ coRpoRaTIoN maNagES aND aDmINISTERS WoRkS oN ThE commoN pRopERTy aREaS aND ENfoRcES ThE RElaTED RulES, REgulaTIoNS aND By-laWS. youR commITTEE alSo aImS To BE a huB foR ThE oWNERS aND RESIDENTS of ThE ESTaTE, RESolvINg oR aSSISTINg IN pRovIDINg aNSWERS foR aNy coNcERNS oR quERIES.

ThE fuNcTIoN of ThE oWNERS’ coRpoRaTIoN commITTEE

It is the duty of the Owners’ Corporation Manager to ensure that all areas and facilities of the Owners’ Corporation are maintained and in a serviceable state, undertaking all relative administration tasks, including obtaining comparative quotations for repair works and/or capital works as necessary.

responsibilities of the Owners’ Corporation are identified as those relating to “common area(s) and property”, (i.e. land and facilities that are not on title to any one particular owner e.g. main entrance to City Bay Drive, the lifestyle Centre including: communal spa; swimming pools; tennis courts; gym; café; sales office and the function centre.

Maintenance of facilities also extends to the common area chattels, fixtures and fittings, ensuring attention is given to lifts, fire escapes, and all essential Service apparatus.

the overall appearance of the lifestyle Centre is also of the upmost importance, and subsequently the Owners’ Corporation is authorised to govern any issues related to the exterior facade of the building. the insurance cover placed on the building is also the responsibility of the Owners’ Corporation, requiring its Manager to ensure the appropriate building reinstatement policy is maintained.

the Owners’ Corporation Committee also arranges and manages the leasing of common property e.g. café and sales office.

8 reSIDeNtS HANDBOOK SAltwAter COASt 9

accESS To ThE RESIDENTS’ WEB SITE

A residents Intranet facility has been created for the use of all Saltwater Coast residents and Owners.

to access the web site enter the following link into your Internet browser:

www.saltwatercoastonline.com.au

the site provides general information to the public and contains a resident’s only section.

Here you can expect to find information relating but not limited to Owners Corporation Committee Meeting Minutes, Design & Owners Corporation Guidelines, lifestyle Centre Facilities and rules for Use, Saltwater Coast Newsletter, Contact Information, FAQ’s, tennis Court Bookings register, Playgroup Information and registration, Clubs, events, wyndham City Council links.

You will need a login and password to access the resident’s only section.

hoW Do you oBTaIN accESS?

Step 1: to obtain an account simply navigate to ‘don’t have account? register now’ and click to start the registration process.

Step 2: You will be asked to enter a few details – email, a password, your name, your address, lot number and a contact number.

Step 3: Once the form is submitted our estate manager will verify your details and activate your account. this should happen within 48 hours.

oWNERS’ coRpoRaTIoN STRucTuRE

paRTIES majoR DuTIES

Owners’ Committee Chairperson•Callforandchairmeetings.

•ActonthedirectionsoftheOwners’Corporation.

•Actonthedirectionsofthecommittee.

Owners’ Committee Secretary

•Preparethenoticeandagendaforcommitteemeetings, AGM and general meetings.

•Keepminutesofallmeetings.

•Receivepetitionsagainstaninterimspecialresolution.

•Receiveproxiesfromlotowners.

•Receiveballotformsatgeneralmeetingsorviapost,telephone or electronic means in accordance with the Owners’ Corporation rules.

•ActonthedirectionsoftheOwners’Corporation.

•Actonthedirectionsofthecommittee.

Owners Corporation Manager •EstateManager•Finance•AdminTeam

•Manageowners’register.

•Compliance.

•ResponsibleforFeeNoticesandcollection.

•BreachProcess–lettersofdemandonwards.

•Arrangecontractorsandpayoutgoings.

•Developoperatingandmaintenancebudget.

•Manageinitialcomplaintsprocess.

Committee Members •Approveannualbudgetandexpenditure.

•Decideonandapproverules.•Formsub-committeeswhererequired,includingbut

not limited to grievance committees.

Centre Management team•LifeStyleCentreManager•AssistantManager •OperationsStaff

•Manageinductions,tenniscourtand function room bookings.

•Day-to-dayadministrationoftheLifestyleCentre.

•Breachinspections.

•Clearingandcentremaintenance.


lIfESTylE cENTRE

Access to the lifestyle Centre is available to all residents of Saltwater Coast.

hoW To gaIN accESS To ThE lIfESTylE cENTRE

In order to be eligible for an Access Pass to the facilities, each resident over 16 must have completed an induction.

An induction is a walkthrough of the facility explaining rules of use, access, safety and amenities. Part of this process is the completion of an Induction Form as required by the Owners’ Corporation. Documentation needs to be presented to validate the resident’s identity, and staff will advise you of the paperwork required when a booking is made. Upon completion of the induction, one Access Pass per lot will be issued.

Any children under the age of 16 must be accompanied by an inducted adult at all times. two guests may accompany an inducted member.

Inductions and future access will only be available to residents whose Owners’ Corporation Fees are paid up to date.

WhEN aRE INDucTIoNS avaIlaBlE?

Bookings are organised through the lifestyle Centre staff. Inductions are usually on set days and times. Bookings for groups or individuals may be arranged depending on demand; the process takes approximately 30-40 minutes.

hoW maNy accESS paSSES am I alloWED?

Currently there is one pass per household allocated free of charge. One additional Access Pass may be purchased through the lifestyle Centre staff at a cost of $55 including GSt.

FACIlItY OPeNING HOUrS

the lifestyle Centre is open for residents from 5am to 10pm 7 days a week, 365 days per year.


poolS

the lifestyle Centre contains:

• A 25 metre lap pool – great for laps and only 1.2m deep.

• A resort pool with a shallow area (0.9m) for our young patrons.

• A spa for those that just need to relax.

rules of use for the pool area are listed below. these are in place for the safety and enjoyment of all patrons, so please assist us by abiding by these when at the centre.

• Children below the age of 16 years may use the wet areas and changing rooms only if supervised by an inducted adult member.

• Guests must be accompanied by an inducted member at all times.

• Hours of use are between 5.00am and 10.00pm.

• Glass objects, drinking glasses and sharp objects are not permitted in the wet areas.

• Food is not permitted in the wet areas. Alcohol is not permitted in any area.

• Smoking is not permitted in any area.

• For the hygiene of all swimming pool users, you must shower before using the pool.

• All users of the swimming pool must dry off before leaving the wet area.

• Footwear must be worn to and from the wet areas.

• All users of the wet areas must ensure appropriate attire is worn at all tsimes (i.e. nude swimming is not permitted).

• running, ball playing, noisy or hazardous activities are not permitted in the wet areas.

• there is strictly NO DIVING.

• All users of the wet areas do so at their own risk.

gymNaSIum

the state-of-the-art-gymnasium is equipped with the latest cardiovascular and weight training facilities.

rules of use for the gymnasium are below:

• All equipment must be used in a responsible and careful manner to ensure the equipment lasts and to prevent injury; all equipment must be placed in its correct storage area on completion of activity.

• For hygiene purposes, every member must bring a towel for personal use while exercising in the gymnasium, and also wipe down equipment after use.

• No food or alcohol may be brought into the gymnasium.

• Smoking is not permitted.

• Appropriate attire must be worn at all times (including sports footwear).

• Personal items (e.g. bags, keys, papers) are to be stored in the storage compartments provided.

• the lockers provided are to be used only while the member is in the gymnasium; lockers are to be cleared when the member leaves the gymnasium. Provision of coins to use the lockers is the responsibility of the member.

• Members are to report to lifestyle Centre staff if they feel unwell at any stage during or after completion of exercises performed in the gymnasium.

• Members must comply with all rules of use, policies and regulations relating to the gymnasium.

• Access to the gymnasium may be withdrawn if the member fails to comply with the above terms and conditions.


TENNIS couRTS

Booking sheets for the courts are located on the centre’s notice board. You can either book the courts by visiting the centre and adding your own booking, or by calling the centre management and requesting that they place a booking for you.

rules of use for the tennis courts are below:

• Bookings are to be strictly conducted in one-hour blocks.

• No alcohol may be brought into the tennis courts.

• Smoking is not permitted.

• Appropriate attire must be worn at all times (including sports footwear).

• lights are available via a green push button located near the exterior pool exit door.

• enjoy your game, however, we do ask that you be considerate to our neighbours when playing.

fuNcTIoN Room

the function room can be booked for your next party or business meeting. the room has audiovisual equipment, a full kitchenette and tables and chairs to cater for up to 100 guests.

Detailed Saltwater Coast Function room rules of Use & terms and Conditions are available on the Community Intranet at www.saltwatercoastonline.com.au

• the function room is available to be booked by all residents of Saltwater Coast.

• each lot is entitled to two bookings per financial year.

• Maximum occupancy of 100 people is permitted.

• Users of the function room also have access to the kitchenette, warmer Ovens, under-bench refrigerators and all other function room amenities.

• the hirer must be in attendance during the function at all times and is responsible for all guests.

• A booking 14 days in advance is requested for any function.

• A Bond of $250 is required when making a booking.

• Catered functions will be charged a cleaning fee. the standard fee current at the time of printing is $165.

• Only caterers with a liquor licence are permitted to cater functions in which alcohol is served.

• Functions where alcohol is served or that run after 6pm will require one SNP Security Guard per 50 guests in attendance, chargeable accordingly.

• the function room will be required to be restored to its original layout upon departure.

• Function times (the venue must be vacated by closing time): Sunday to thursday: 5am until 10pm Friday and Saturday: 5am until 11pm


coaST café

Opening Hours: wednesday to Sunday from 8am to 5pm Ph: 03 8353 9058

what better way to enjoy breakfast or lunch than in a stylish cafe with city skyline views?

Coast Cafe is now open in the new state-of-the-art lifestyle Centre at Saltwater Coast. the modern menu has a great range of options to satisfy any appetite. It’s the perfect meeting place and offers a taste of what life could be like as a Saltwater Coast resident.

with more proposed schools due to open in the next few years, there’s a school to suit most, all conveniently located.


gENERal INfoRmaTIoN

paRkS aND BBqS

One of the quintessential Australian activities is the barbie, or outdoor barbecue. Saltwater Coast provides free electric barbecues, each with two hotplates.

Rules of use:

the barbecues cannot be booked and operate on a first-come-first-served basis.

Use of the Saltwater Coast’s barbecues is on a mutual responsibility basis; the council will maintain and keep the barbecues in working order, while users are responsible for cleaning the barbecue hotplates after use, out of respect to the next users.

Please remove all leftovers and garbage after your BBQ.

If you find a Saltwater Coast barbecue out of order, please contact the management at the lifestyle Centre who will contact the council.

paRkS aND DogS

we have many great parks available to us at Saltwater Coast, and our pets love the parks as much as we do. Please be considerate of all park users by following a few simple guidelines:

• Please carry a plastic bag with you when walking your pet and clean up any mess your pet might make, take it home and dispose of it there.

• Please keep your pet leashed and restrained at all times; while your pet might be friendly, other pets might not. Be considerate of other people and pets using the park who may be frightened by your pet’s approach.

SNakE SIghTINgS

the most commonly found snakes in the area are the tiger Snake, the eastern Brown Snake and the little whip Snake.

During summer months, there are a number of snake sightings in the area. If you find a snake on your property, keep an eye on it from a safe distance and do not touch it. Most people are bitten when attempting to handle the snakes themselves!

Phone wyndham City Council on 03 9742 0777 and a qualified snake catcher will attend and remove the snake. this is a Free service to residential properties and can be used 24 hours a day, every day of the year (including Public Holidays).

Details are at: www.wyndham.vic.gov.au/residents/home/animals/snakes

to help prevent snakes from entering private properties, preventative measures can be taken, including:

• Keep aviaries and other mice-attracting areas clean;

• Check that windows and door screens are secure to reduce the chances of a snake entering your home;

• Keep grass mowed, and wear shoes and gloves while gardening;

• remove any items from backyards that could be good hiding spots for snakes, like old corrugated iron and wood piles.

You should also:

• Stick to pathways provided within bushland or coastal areas and avoid long grass or thick undergrowth;

• Be extra vigilant when walking pets in bushland, waterways and in long grass areas.

placE youR yElloW-Top BIN aT ThE kERB foR houSEholD gaRBagE WhIch IS collEcTED EvERy moNDay fRom 6am.

REcyclED maTERIal IS collEcTED oN alTERNaTE moNDayS IN ThE BluE-Top BIN.

gaRBagE collEcTIoN

Household garbage is collected within Saltwater Coast every Monday (including public holidays). Place your yellow-top bin at the kerb on Sunday evening as collection commences around 6.00am. recycled material is collected on alternate Mondays, in the blue-top bin. the use of a green-top bin for garden waste is optional for an annual fee. the green bins are collected on alternate Mondays, alternating with the blue bins.

It is part of the estate Guidelines that all bins be returned to your property and stored out of general view by the end of the garbage collection day.

More details on waste disposal services are at: www.wyndham.vic.gov.au/residents/home/waste/kerbside_collections/general

wyndham City Council provides a hard and green waste collection service for bulk items, with details at: www.wyndham.vic.gov.au/residents/home/waste/kerbside_collections/hard_and_green_waste_collectio

fENcINg

Fencing guidelines are detailed in the Design Guidelines.

You need to obtain property ownership details for the purpose of building a fence through the wyndham City Council.

Details are at: www.wyndham.vic.gov.au/building_planning/building/forms/fences/fencing


NEWSlETTERS

Newsletters with items of interest are regularly emailed to residents. If you have not been receiving these newsletters but would like to be added to the list, please send an email to [email protected] with your request along with your first name, last name, email address and lot number (or street address).

playgRoup

there is a Saltwater Coast playgroup available for children of pre-school age, held in the function room of the lifestyle Centre. the session is currently on tuesdays from 9.30 – 11.30am. this is a free community event. A current membership with Playgroup Victoria is required for participation. registration can be made online through the Community Intranet at www.saltwatercoastonline.com.au.

SNap SEND SolvE – RESIDENTIal complIaNcE aSSISTaNT

there may be instances where you have concerns regarding upkeep or possible hazards in the estate and would like action to be taken without you having to speak directly to the offender. In cases like this, the Smartphone Application ‘Snap Send Solve’ can be of assistance.

Snap Send Solve allows you to easily capture and report common issues including litter, hard waste, parking, street cleaning, trees, noise and hazards, and also provide a general request or general feedback. Snap Send Solve determines your council using your Smartphone’s GPS location. Once your GPS location has been determined the server sends back all relevant council details, including contact information, location, and email contact. All reports from Snap Send Solve are sent from the app using your email address so that the council can communicate directly with you to fix the issue.

www.snapsendsolve.com.au

commuNITy INfoRmaTIoN gRoupS

there are two internet-based community contact groups that have been set up by residents of Saltwater Coast. these two Facebook Groups can be an invaluable tool if you wish to interact with fellow members of the Saltwater Coast community.

Saltwater Coast residents’ Group is the main group for all residents where certain topics may be discussed, questions posed to other residents and local Business Contacts may be discovered.

Saltwater Coast Parents’ Group is a family-focused group where children’s events are generally discussed and organised. whether it is external events or a catch-up at the local park, it is a great way to network for the family.

ThESE SocIal gRoupS havE BEEN ESTaBlIShED To pRovIDE ouR gRoWINg commuNITy WITh a RESouRcE foR ShaRINg INfoRmaTIoN, NETWoRkINg oR SocIalISINg aND gETTINg To kNoW youR NEIghBouRS.

look foR ThESE gRoupS oN facEBook

ImpoRTaNT & local coNTacTS

SERvIcE coNTacT NamE aND aDDRESS coNTacT DETaIlS

owners’ corporation managerDoris lang Phone: 03 9862 3700

email: [email protected]

Saltwater coast lifestyle centre manager Vicki Smith Phone: 03 8353 8882 email: [email protected]

Websiteweb: www.saltwatercoastonline.com.au email: [email protected]

Telstra Smart communityPhone: 1800 008 994 web: www.telstra.com.au/smart- community/homeowners

Werribee police Station131 Princes Hwywerribee VIC 3030

Phone: 03 97429444 or 000 (emergencies)

fire/cfa point cookAll emergency calls must be made to '000'. Do not ring the station if it is for an emergency. For non-emergency enquiries, phone: 03 9395 3827.

Wyndham city council45 Princes Highwaywerribee VIC 3030

Phone: 03 9742 0777 email: [email protected] web: www.wyndham.vic.gov.au

Hours of Operation:Mon – Fri: 8.00am - 5.00pm

mercy public hospital Werribee300 Princes Highwaywerribee VIC 3030

Phone: 03 9216 8888 web: www.mercy.com.au

Water & Sewerage City west water Faults and emergencies: 132 642

point cook library1- 21 Cheetham StreetPoint Cook town Centre

Phone: 03 9395 7966 Fax: 03 8353 1686

Hours of Operation:Mon – thurs: 10am - 8pmFri: 10am - 6pm Sat: 10am - 4pm, Sun: 2pm - 5pm

SES 132 500

lifeline 131 114

kids helpline 1800 551 800


the Owners’ Corporation principal purposes are to ensure that all Members and occupiers of the members’ lots have the right to use the recreational Facilities within the Development and to maintain the quality of the Development.

land means the whole of the land described in the Plan of Subdivision;

lot means any lot on the Plan of Subdivision;

member means a member of the Owners’ Corporation who is the owner of any lot on the Plan of Subdivision;

occupier means the occupier from time to time of a lot;

owners’ corporation means the Owners’ Corporation created by the Plan of Subdivision or if more than one, the unlimited Owners’ Corporation created by the Plan of Subdivision;

owners’ corporation manager means the person for the time being appointed by the Owners’ Corporation as the manager of the Owners’ Corporation;

plan of Subdivision means Plan of Subdivision No. PS611333Q which is the subject of these rules, including any subsequent stages of subdivision to be incorporated into this Plan of Subdivision;

Recreational facilities means the Saltwater coast lifestyle centre to be erected by the Developer on the recreational Facilities area for the use of all Members;

Recreational facilities area means the area being common property and part of lot S5 on which the café/convenience store and recreational Facilities are proposed to be constructed’,

Residence means one permanent non-transportable private residence;

oWNERS’ coRpoRaTIoN RulES

All owners’ corporations (formerly body corporate) have rules for the control, management, use or enjoyment of common property and lots. the following pages contain a copy of the Saltwater Coast Owners’ Corporation PS611333Q rules lodged and registered with registrar of titles. these rules are subject to change.

1. INTERpRETaTIoN

the Owners’ Corporation principal purposes are to ensure that all Members and occupiers of the members’ lots have the right to use the recreational Facilities within the Development and to maintain the quality of the Development. these rules are therefore to be interpreted having regard to the following objectives of the Developer.

1.1 Design guidelines ensuring compliance with the Design Guidelines;

1.2 landscaping maintaining and enhancing any landscaping for

which the Owners’ Corporation is responsible;

1.3 Recreational facilities maintaining and enhancing the recreational

Facilities and other amenities for the benefit of all Members; and

1.4 provision of Services ensuring the Owners’ Corporation has the ability to provide services to its members which are consistent with the quality of the Development.

2. DEfINITIoNS

In these rules unless the context otherwise requires the following definitions apply:

act means the Owners Corporations Act 2006 as may be amended from time to time and includes any regulations under the Act;

common property means that part of the land shown in the Plan of Subdivision as common property;

Date of completion of the Development means the date of settlement of the sale of the last lot or piece of land in the Development of which the Developer is owner;

Design guidelines means the Saltwater Coast Design Guidelines (a copy of which can be obtained from the website at www.saItwatercoast.com.au) as amended from time to time;

Design Review committee means the committee established as provided for in the Design Guidelines;

Developer means FKP lifestyle Pty ltd ACN 005 867 596 the owners of the land at the time of registration of the Plan of Subdivision or its assignee;

Developer means FKP lifestyle (real estate) Pty ltd ACN O62 622 673 the owners of the land at the time of registration of the Plan of Subdivision or its assignee;

Development means the development known as Saltwater coast from time to time;


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 vehicle (including but not limited to trucks, and utilities) or less than one tonne any caravans, trailers, boats or any mobile machinery unless they are housed or contained wholly within a garage on a lot;

5.6.2 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;

5.7 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;

5.8 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:

5.8.1 the lot (not being a vacant lot) is being advertised for re-sale and in such a case only one advertising sign with a maximum dimension of (1800mm x 1200mm) will be permitted and this sign must be removed within 5 days of the day of sale;

5.8.2 the signage is for a display home and the consent in writing of the Design review Committee has been obtained;

4.3 Driveway Must construct a driveway leading from the

residence to the road prior to the occupation of the residence by the Member as set out in the Design Guidelines;

4.4 fencing Must erect fencing around the lot subject to

the requirements of these rules and the Design Guidelines within three months after the issue of an occupancy permit for the construction of the residence;

4.5 upkeep of yard areas Must maintain and keep tidy the front, side

and rear gardens and other surrounds of the lot to the standard of a first class residential development as determined by the Owners’ Corporation;

4.6 Nature Strip Must maintain and keep tidy any nature strip

adjoining the lot;

4.7 Rubbish disposal Must conceal all rubbish bins from public

view except on the days and during the times designated for rubbish disposal;

4.8 vermin Must take all practicable steps to prevent

infestation of the lot by vermin or insects;

4.9 general appearance of property Must keep the lot free of rubbish;

4.10 Insurance Must ensure that any improvements, including

the residence, constructed on the lot are insured for full replacement value;

4.11 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 or the Owners’ Corporation until the Date of Completion of the Development or thereafter by the Owners’ Corporation or its delegate;

4.12 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 by the Owners’ Corporation or its delegate pending resolution of any dispute about a non-compliance with the approved plans and specifications for the lot; and

4.13 Enforcement costs Must pay all costs incurred by the Developer

or the Owners’ Corporation in respect of the enforcement of the rules or the Design Guidelines in respect of the Member‘s lot.

5. amENITy coNTRolS

each Member of the Owners’ Corporation must not, and must ensure that the Occupier of a Member’s lot does not, and the Occupier of a lot must not do any of the following:

5.1 No Breach Must not breach any provisions of the Design

Guidelines on a lot or in the vicinity of a lot;

5.2 No alterations Must not without the prior written consent

of the Owners’ Corporation alter gas, water, drainage, septic, sewerage, electrical or any other utility connections and services to a lot;

Settlement Date means the date of transfer of any lot to a Member;

vcaT means the Victorian Civil & Administrative tribunal;

Works means the works set out in rule 4 of these rules.

the obligations and restrictions set out 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, such rights, grants or privileges shall prevail over these rules in respect of the person or persons to whom they are given.

3. uSE of loTS – DEvElopER

3.1 Display lots 3.1.1 while the Developer is the owner of any lot

he may:

3.1.2 Use any lot owned by him for display purposes including a sales office and car parking;

3.1.3 Allow prospective purchasers of any lot to inspect the display lot; and

3.1.4 Use any signs, advertising or display material in or about the display lot and Common Property as he thinks.

3.2 Signs Any signs erected pursuant to rule 3.1.3 must be

in keeping with the Development and must not at any time be more in number or size than is reasonably necessary.

3.3 Development Rights 3.3.1 Notwithstanding any other rule, the Developer:

5.3 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 and/or telstra 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 and/or telstra; and

5.4 use of lot 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 Occupiers of any lot or the visitors of any Member or Occupier;

5.5 garage Must not use the garage in a lot for any

purpose other than as a garage for vehicles and for general storage purposes unless the garage in a lot is used as an office in a display home in a display village but then only so long as the lot is used for display purposes;

5.6 Restrictions on car parking 5.6.1 Commercial vehicles etc. 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 vehicle (including but not limited to trucks, and utilities) in excess of one tonne;

3.3.2 Is entitled to progressively develop staged lots as set out in the Plan of Subdivision

3.3.3 Is entitled to incorporate further land into the Plan of Subdivision,

3.3.4 while owner of any lot, need not comply with any rule to become part of the Development;

3.3.4.1 which is inconsistent with or limits his rights under this rule; or

3.3.4.2 the application of which, in the Developer’s opinion is inappropriate to the development of the lot while that lot remains undeveloped or during its development.

3.4 common property the Developer is permitted to use and develop

the Common Property for the purpose of developing the land and in particular for the construction of the Building on the recreational Facilities Area.

4. DEvElopmENT aND maINTENaNcE of a loT

each Member and Occupier must do the following on each lot of that Member:

4.1 Design guidelines Must comply with the Design Guidelines;

4.2 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;


7.7 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;

7.8 compensation A Member or Occupier 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 Occupier or their invitees; and

7.9 obey Directions each Member and Occupier and invitee must

obey any lawful direction given to them by the Owners’ Corporation.

8. REcREaTIoNal facIlITIES RulES

8.1 additional Rules the Owners’ Corporation may make additional

rules relating to the use of the recreational Facilities Area on the condition that those rules are not inconsistent with these rules.

8.2 Breach A breach of any rules made by the Owners’

Corporation pursuant to rule 8.1 will be deemed to be a breach of these rules.

5.17 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.

5.18 pets and animals 5.18.1 Must not allow animals, except common

household pets, in a lot and the behaviour of pets in a lot must be controlled so that it does not interfere with the enjoyment of a lot by others;

5.18.2 A person must not have more than two animals in a lot;

5.18.3 Dogs are not allowed on the Common Property except if on a leash or carried;

5.18.4 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;

5.18.5 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 the Owners’ Corporation may give notice to remove the animal from the lot. the Member must remove the animal from the lot immediately upon receipt of the notice from the Owners’ Corporation;

6. Each mEmBER of ThE oWNERS coRpoRaTIoN agREES ThaT:

6.1 Services6.1.1 the Owners Corporation may provide the

following services:

6.1.2 the operation of a security surveillance service;

6.1.3 the repair and maintenance of such landscaping within the Plan of Subdivision as the Owners’ Corporation is responsible for or as agreed to by the Owners’ Corporation with relevant authorities or the Developer;

6.1.4 the repair, maintenance and improvement of the recreational Facilities; and

6.1.5 Any other service or facility provided by the Owners’ Corporation for the benefit of Members and Occupiers which is consistent with the stated objectives of these rules;

6.2 cost the provision of such services by the Owners’

Corporation will be paid for by all Members according to lot liability as set out in the Plan of Subdivision.

6.3 lease or licence Until the date of completion of the

Development the Developer may cause the Owners’ Corporation to or the Owners’ Corporation itself may grant lease or licence over the Common Property or part of it to an individual or corporation as it sees fit including without limitation a lease or licence enabling the individual or corporation to become responsible for the overall management of all community facilities at Saltwater Coast.

5.8.3 the signage is for builders or tradespersons identification during construction of the residence provided the signage is removed within 10 days of the issue of the occupancy permit.

5.9 fencing 5.9.1 Must not construct any fence that does not

comply with the Design Guidelines unless it is the Feature Fence;

5.9.2 Must not alter or remove any fence without the approval of the Owners’ Corporation;

5.9.3 Must not allow any fence to fall into a state of disrepair;

5.9.4 Must not claim any cost of maintenance of or repairs to the fence from the Developer if the Developer is the owner of an adjoining lot; nor

5.9.5 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;

5.10 Insurance premiums Must not do or permit anything to be done

which may invalidate, suspend or increase the premium for any insurance policy affected by the Owners Corporation;

5.11 No Damage to common property Must not mark, paint or otherwise damage

or deface any structure that forms part of the Common Property;

7. REcREaTIoNal facIlITIES

each Member and each Occupier must observe the following rules in relation to the recreational Facilities 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:

7.1 Invitees to be accompanied Member’s invitees must only use the

recreational Facilities if accompanied by a Member; a Member must not have any more than 2 guests at any one time;

7.2 alcohol Alcohol is not to be taken into or consumed

around the recreational Facilities Area without the prior consent of the Owners’ Corporation;

7.3 Smoking Smoking is not permitted inside the recreational

Facilities Area;

7.4 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;

7.5 clothing Suitable clothing must be worn in the

recreational Facilities at all times;

7.6 Risk All users of the recreational Facilities do so at

their own risk;

5.12 No Interference with common property 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 Members or Occupiers of lots or their visitors;

5.13 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;

5.14 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;

5.15 Not cause a danger Must not keep the lot in a manner which is

dangerous or likely to cause danger to life or property;

5.16 Noise Must not by himself or herself or by allowing any

other person in a lot or on Common Property to:

5.16.1 Carry on a noxious or offensive activity; or

5.16.2 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;


14.4.2 the Owners’ Corporation will determine that the appointment of a member is terminated if that member is without prior leave granted by the Design review Committee absent from two consecutive meetings of the Design review Committee of which due notice has been given to that member.

15. mEETINgS of ThE DESIgN REvIEW commITTEE

15.1 meeting the Design review Committee constituted

in accordance with rule 14 is to meet in a way determined by the Design review Committee and at whatever times are necessary to perform its duties, or as directed by the Owners’ Corporation.

15.2 quorum Fifty (50) percent of Design review Committee

Members are to constitute a quorum.

15.3 chair the Chairman will be appointed by the

members of the Design review Committee. If the Chairman of the Design review Committee is absent from a meeting, the people who are present at the meeting are to elect from their number a person to chair the meeting.

15.4 voting every question to be decided by the Design

review Committee is to be decided by a majority on a show of hands by members present at the meeting. In the case of an equality of votes the Chairman of the meeting is to be entitled to a second or casting vote.

Payment at the same time and in the same manner as the Owner is required to pay the Primary Payment in respect of which the GSt relates.

11. DISpuTE RESoluTIoN

11.1 the grievance procedure set out in this rule applies to disputes involving a lot owner, manager, or an occupier or the Owners’ Corporation.

11.2 the party making the complaint must prepare a written statement in the approved form.

11.3 If there is a grievance committee of the Owners’ Corporation, it must be notified of the dispute by the complainant

11.4 If there is no grievance committee, the Owners’ Corporation must be notified of any dispute by the complainant, regardless of whether the Owners’ Corporation is an immediate party to the dispute.

11.5 the parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the Owners’ Corporation, within 14 working days after the dispute comes to the attention of all the parties.

11.6 A party to the dispute may appoint a person to act or appear on his or her behalf at the meeting.

11.7 If the dispute is not resolved, the grievance committee or Owners’ Corporation must notify each party of his or her right to take further action under Part 10 of the Act.

12. aDDITIoNal RulES

From 1 January 2020 or on such earlier date appointed by the developer the rules contained in Schedule 1 shall commence operation.

SchEDulE 1 DeSIGN reVIew COMMIttee

13. DEfINITIoNS

In these additional rules unless the context otherwise requires the following definitions apply:

applicant means a Member who makes an Application;

application means an application made for the Design review Committee to Approve the development of a lot;

approve or approval means an approval in writing given by the Design review Committee in respect of an Application which may or may not contain conditions;

Refuse or Refusal means a refusal in writing given by the Design review Committee in respect of an Application.

14. DESIgN REvIEW commITTEE

14.1 Establishment the Developer has established the Design

review Committee to administer the Design Guidelines.

9. NoN-complIaNcE

9.1 Recovery of costs If a Member has not complied with these rules

within 14 days generally, or within 7 days for breaches of Builders’ Site refuse Guidelines only, after service of a notice by the Owners’ Corporation specifying any non-compliance, the Member agrees that:

9.1.1 the Member must allow the Owners’ Corporation, its employees, contractors, or agents to enter the lot and rectify the non-compliance;

9.1.2 the Member must pay to the Owners’ Corporation any charges levied against the Member in respect of the costs incurred by the Owners’ Corporation relating to the non-compliance including without limitation administrative costs, legal costs and the costs of any works performed to rectify the non-compliance which (until paid) are and shall be a charge on the lot;

9.1.3 the Member must accept a certificate signed by the Owners’ Corporation Manager as prima facie proof of the costs and expenses incurred by the Owners’ Corporation relating to the Member’s non-compliance with these rules;

9.1.4 the Member must pay interest at the rate prescribed under the Penalty Interest rates Act 1983 on outstanding fees and charges until they are paid;

9.1.5 Any payments made for the purposes of these rules shall be appropriated first in payment of any interest and any unpaid costs and expenses of the Owners’ Corporation and then be applied in repayment of the principal sum; and

14.2 owners’ corporation Role From the Date of Completion of the

Development the Owners’ Corporation must ensure that:

14.2.1 the Design review Committee is constituted from time to time in accordance with this rule 14;

14.2.2 Meetings of the Design review Committee are convened as required in order for the Design review Committee to fulfil its functions as set out in these rules.

14.2.3 It act as secretary of the Design review Committee in receiving, reviewing and distributing all correspondence addressed or directed to the Design review Committee.

14.2.4 It receive and account for all monies payable in relation to Approvals and the functions of the Design review Committee.

14.3 membership of the Design Review committee the Design review Committee is to have three

members appointed from time to time by the Owners’ Corporation for a term stipulated by the Owners’ Corporation at the time the appointment or appointments are made.

14.4 membership of the Design Review committee termination of Appointment 14.4.1 A person appointed to be a member of the

Design review Committee vacates office:

14.4.1.1 Upon receipt by the Owners’ Corporation of notice in writing from that member of the resignation of that member;

14.4.1.2 If that member dies or becomes mentally ill; or

14.4.1.3 If the Owners Corporation determines that the appointment of that member is terminated.

9.1.6 Any costs incurred by the Owners’ Corporation relating to the non-compliance of the Member are costs incurred in the performance of a service to that Member.

9.2 Recovery of Expenditure where the Owners’ Corporation expends

money to make good the damage caused by a breach of the Act or of these rules by an Member or Occupier or the tenants, guests, servants, employees, agents or children, invitees or licensees of such Member or Occupier or any of them, the Owners’ Corporation will be entitled to recover the amount so expended as a debt in an action in VCAt or any court of competent jurisdiction from the Member who was the owner of the lot at the time when the breach occurred.

10. gST

10.1 Definition For the purposes of this rule:

10.1.1 GSt means a goods and services tax, consumption tax, value added tax, retail turnover tax or a tax of a similar nature;

10.1.2 Primary Payment means any payment or consideration given by a Member or Occupier to the Owners’ Corporation for any levy or other money or consideration payable or to be given by a Member or Occupier to the Owners’ Corporation in connection with any supply of any goods and services.

10.2 payment If the Owners’ Corporation is liable by law for

any GSt on any Primary Payment, the Owner must pay to the Owners’ Corporation the amount of the GSt in addition to the Primary


19.2 Non-compliance the Member must remedy all non-compliance

notified to it by the Design review Committee within thirty (30) days of receipt of the notice referred to in rule 19.1.3 or such longer period as the Design review Committee may specify in the notice.

19.3 Remedy Non-compliance If the Member does not comply with the notice

as provided in rule 19.2 the Design review Committee may at the expense of the Member do whatever is necessary to remedy the non-compliance.

20. NoN lIaBIlITy of mEmBERS

20.1 owners’ corporation Not Responsible No approval of plans and specifications

by the Design review Committee is to be construed as representing or implying that those plans and specifications will, if followed, result in property designed improvements. Such approvals and guidelines are not to be construed as representing or guaranteeing that any improvement carried out in accordance with them will be built in a good and workmanlike manner. Neither the Owners’ Corporation nor the Design review Committee is to be responsible or liable for any defects in any plans and specifications submitted, revised, amended or approved, nor for any defects in construction undertaken pursuant to such plans and specifications.

20.2 Not Responsible for loss Neither the Design review Committee nor any

member of the Owners’ Corporation or their duly authorized representative, is to be liable to any Member or any other person for any loss,

Design review Committee to advise and assist the Design review Committee to consider the Application (“Consultant’s Costs”); and

17.3.1.2 require the Member to pay to the Owners’ Corporation a sum of money sufficient, in the estimation of the Design review Committee to meet the liability of the Consultant’s Costs.

17.3.2 the Design review Committee is not obliged to consider the Application until payment by the Member to the Owners’ Corporation of all sums of money determined as payable under these rules.

17.4 fees the Design review Committee may from time

to time determine a fee or fees to be paid by a person making an Application. the Design review Committee may determine different fees for different Applications depending on their nature and complexity.

17.5 certification 17.5.1 A Member must prior to occupation and after

the final building occupancy permit is issued, apply to the Design review Committee for a certificate that all development on the Member’s lot is complete in accordance with the Approval.

17.5.2 A Member must not take occupation of a lot after development until the Design review Committee has issued a certificate in accordance with rule 17.5.1. Failure to comply with this rule will entitle the Design review Committee or the Owners’ Corporation to require that the bond be forfeited to the Owners’ Corporation.

18. pRocEEDINg WITh WoRkS

18.1 carry outworks Upon receipt of Approval from the Design

review Committee the Member is, as soon as practicable, to satisfy all conditions of that Approval and diligently proceed with the development of a lot in accordance with the requirements of all authorities having jurisdiction over the development. Commencement is to occur in all cases within eighteen (18) months from the date of settlement and completion within thirty (30) months from the date of settlement.

18.2 failure to comply If the Member fails to comply with this rule,

any Approval given is to be deemed revoked unless the Design review Committee, upon written request by the Member made prior to the expiration of the six (6) month period, extends the time for commencement of the development of the lot.

18.3 Development of lot to be completed in accordance with application

the Member is to complete the development of the lot in accordance with the construction schedule set out in the Approval and in any event is to complete the works within one (1) month after the finish date specif ied in the Approval except and for so long as such completion is rendered impossible due to strikes, f ires, national emergencies, natural calamities or other supervening forces beyond the control of the Member or would result in great hardship to the Member.

15.5 Investigation the Design review Committee may from time

to time, by resolution in writing, designate one or more of its members to investigate or perform any duties for and on behalf of the Design review Committee and report the findings of that member to the Design review Committee. recommendations are to be made by the Design review Committee. the vote of a majority of the members of the Design review Committee is to constitute an act of the Design review Committee.

16. poWERS aND fuNcTIoNS of ThE DESIgN REvIEW commITTEE

16.1 application 16.1.1 the Design review Committee is to assess all

Applications for Approval having regard to the Design Guidelines.

16.1.2 After assessing an Application, the Design review Committee must either Approve, refuse, or reserve its decision pending the provision of any further information that is requested in writing by the Design review Committee to the Applicant.

16.1.3 In the case of Approval, the Design review Committee may impose conditions that require:

16.1.3.1 Changes to be made to the plans and specifications;

16.1.3.2 the proposed development to be undertaken within the reasonable time frame specified in the condition;

18.4 owners’ corporation may proceed If the Owner fails to comply with this rule,

the Owners’ Corporation is to proceed in accordance with the provisions of rule 19 as though the failure to complete the improvements were a non-compliance.

19. INSpEcTIoN aND coRREcTIoN of WoRkS

19.1 Inspection Inspection of lots after development and

correction of defects is to proceed as follows:

19.1.1 Upon the completion of any development on a lot requiring Approval under these rules, the Member must as soon as possible give notice of completion to the Design review Committee;

19.1.2 within thirty (30) days of receipt of a notice of completion from the Member, the Design review Committee must inspect the development and decide whether the development of the lot is complete in accordance with the Approval.

19.1.3 If the Design review Committee decides that the works are not in accordance with the Approval it is to notify the Member in writing of that non-compliance within that thirty (30) day period. the notice is to specify the particulars of non--compliance, and it is to require the Owner to remedy them.

19.1.4 Notwithstanding the above the Design review Committee may inspect the development on any lot and decide whether the development of the lot is in accordance with the Design Guidelines and if it decides that the works are not in accordance with the Design Guidelines issue a notice under rule 19.1.3.

16.1.3.3 the Member to give to the Design review Committee a written undertaking not to cause unreasonable inconvenience to other residents; and

16.1.3.4 to repair without development.

16.2 Services of consultants the Design review Committee may, at its

discretion, retain the services of architects, engineers, landscape architects, town planners, urban designers, solicitors and other consultants to advise and assist it to perform its duties and function.

17. WoRkS caRRIED ouT By ThE mEmBER

17.1 Development 17.1.1 No Member may develop a lot without

Approval

17.1.2 Development must be in accordance with the Approval.

17.1.3 Once a Member has commenced development, it must not alter the development without Approval.

17.2 application for approval All applications and correspondence to the

Design review Committee must be directed to the secretary of the Owners’ Corporation and be in the form required by the Design Guidelines.

17.3 consultant’s costs17.3.1 the Design review Committee may:

17.3.1.1 determine that the Member is to pay the whole or part of the cost to the Design review Committee of any consultant retained by the


aBouT fkp

FKP is a leading Australian property and investment group. Our strategy of diversification and integration has enabled us to build a comprehensive property portfolio that capitalises on our proven expertise in development, construction, land subdivision, retirement village ownership and management, property investment and asset management. Over more than thirty years our portfolio has grown to include mixed-use, land, retail, residential, retirement, industrial and commercial assets that define how hundreds of thousands of people live, work, retire and invest.

All statements of fact or opinion contained in this brochure are given in good faith and are believed to be accurate as at December 2012. Images and dimensions are indicative only and may be subject to change without notice. to the extent permitted by law, FKP limited ABN 28 010 729 950, its related bodies corporate, directors, employees and agents exclude all liability in respect of any loss arising in any way from reliance on the information contained in this brochure.

BREach pRocESS

As a guide estate staff will undertake the following breach procedure:

BREach pRocEDuRE

1. Alleged non-compliance (breach) is identified or reported to the Manager and the estate team carries out an inspection.

2. where a breach has been confirmed the lot owner/resident is issued with a non-compliance courtesy notice (yellow card or letter) and must rectify the non-compliance in accordance with the breach process.

At this stage it is important if you feel the breach is not valid, need more time to comply or need further information please contact one of the team at the centre to discuss.

3. If upon a re-inspection a breach is not rectif ied, owner/resident is issued with letter of Demand including an $80 fee recovery and must rectify the breach in 14 days. this fee covers the cost of administering the process.

At this stage if you require more time to comply or need further information please contact one of the team at the centre to discuss.

4. If breach is not rectified after letter of demand has been issued, owner/resident is called to a Grievance Committee Meeting to be heard as to why the breach has not been rectified.

5. the Grievance Committee decides if further action is to be taken.

damage, or injury arising out of or in any way connected with the performance of the Design review Committee’s duties under these rules, unless due to the wilful misconduct or bad faith of the Design review Committee.

21. vaRIaNcE of WoRkS

the Design review Committee may authorise in writing non-compliance with any of the provisions of these rules including (without limitation) restrictions upon height, size, colour, materials and location of works if circumstances such as topography, natural obstructions, aesthetic or environmental considerations so dictate, except so far as prohibited by law. the granting of such an authority is not to operate to authorise non-compliance with these rules for any purpose except as to the particular lot and the particular rule exempted by the authority, and only to the extent specified in the authority.

22. moNIToRINg of complIaNcE

22.1 Inspection the Design review Committee or its agent is

periodically to survey all lots for compliance with these rules and any Approval given.

22.2 compliance the Design review Committee is to inspect the

lot’s undergoing development at completion and when satisfied that the conditions set out in the Approval have been met shall issue a certificate in accordance with rule 17.5.

6. If further action required, the owner/resident is issued with a Notice to rectify a Breach (Section 155 of the “Act”) and has 28 days to rectify the breach.

7. If breach is not rectif ied in 28 days, owner/resident is issued with Final Notice to rectify a breach (Section 157 of the “Act”) and has 28 days to rectify the breach.

8. Breach not rectified after allocated time, the Owners’ Corporation make application at Victorian Civil & Administrative tribunal to obtain orders enforcing lot holder to rectify breach.

22.3 Reporting A person who considers that there has been

a breach of an Approval or these rules may report the alleged breach to the Design review Committee in writing.

22.4 Investigations 22.4.1 the Design review Committee is to appoint

one of its members, or a Consultant appointed under rule 16.2, to investigate any alleged breach which comes to its attention, if that member or Consultant forms the opinion that there has been no breach the complainant is to be informed in writing.

22.4.2 If that member or Consultant forms the opinion that there has been a breach, the Owners’ Corporation may take whatever steps or action it determines as appropriate in order that any breach of these rules is remedied.

22.5 confidentiality the Design review Committee and the

Owners’ Corporation is to keep the name of the person responsible for the alleged breaches confidential until the breach or breaches have been established. In all cases the Owners’ Corporation and the Design review Committee are to keep confidential the name of the complainant, except as required by law.


For more information contact:owners’ corporation managerPhone 03 9862 3700 or email [email protected]

land Sale office & lifestyle centre 261 Saltwater Promenade, Point Cook, Victoria 3030 call 1300 357 000 or visit saltwatercoast.com.au

Documents

Saltwater Coast Residents Handbook