Appendix B Searches

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Title Reférence 13530193 Martin Place at Peregian Community Titles Scheme

Page 6 of 7

 

29.

30.

31.

28.3
28.4

28.5

28.6

28.7

28.8

29.9

29.10

Security
29.1

29.2

each owner or occupier must purchase and use the relevant utility service direct from the Body
Corporate and must not purchase the utility service from any other source;

the Body Corporate is not required to supply to any owner or occupier a utility service beyond the
requirements which the relevant authority or service provider could supply at any particular time;

the Body Corporate may charge for the utility service (including for the installation of and the costs
associated with, utility infrastructure for the utility service) but only to the extent necessary for
teimbursing the Body Corporate for supplying the utility service;

the Body Corporate may render accounts to each owner or occupier and such accounts are payable to
the Body Corporate within fourteen (14) days of the delivery of such an account;

in respect of an account which has been rendered pursuant to this by-law, an owner or occupier is
liable, jointly and severally with any person who is label to pay that account when that owner or occupier
became the owner or occupier of the lot;

in the event that an account for the supply of a utility service is not paid by its due date for payment,
then the Body Corporate is entitled to disconnect the supply of the utility service to the relevant lot
and/or recover the amount of the unpaid account (whether or not a formal demand has been made) as
a liquidated debt due to it in any court of competent jurisdiction.

the Body Corporate is not responsible or liable for any failure of the supply of a utility service doe to
breakdowns, repairs, maintenance, strikes, accidents or causes or any class or description.

the Body Corporate may, from time to time, determine a security deposit to be paid by each owner or
occupier who is connected to the supply of a utility service as a guarantee against non-payment of
accounts for the supply of the utility service.

All security equipment (if any) installed on Common Property and used in connection with the provision
of security for the Scheme land must with the exception of that equipment installed upon any lot by an
owner, be and remain the property of the Body Corporate. All security equipment (with the exception of
that equipment installed upon any lot by an owner, which shall be maintained at the cost of the owner)
the property of the Body Corporate must be repaired and maintained at the cost of the Body Corporate.
In no circumstances will the Body Corporate be responsible to an owner (and the owner shail not be
entitled to make any claim for compensation or damages) in the event of a failure of all or any of the
security systems put in place by the Body Corporate to operate in a manner in whey they are intended.
Where the failure to operate arises from a malfunction of the security equipment in a lot, then the
occupier must allow the Body Corporate or the Manager and their respective servants, agents or
contractors to enter upon the lot (upon reasonable notice except in the case of an emergency, in which
case no such notice shall be required) and attend to the repair (which term shall include replacement
where required) or maintenance of the security equipment. The costs of the repair or maintenance of
the security equipment within a lot must be at the cost of the owner of a lot.

Recovery of Costs.

The owner must pay on demand the whole of the Body Corporate Costs (including solicitor and own client costs),
which amount shall be deemed to be a liquidated debt due, in recovering all and any levies or moneys duly levied
upon such owner by the Body Corporate pursuant t the Act or the Regulation Module. Where the Body Corporate
expends money to make good damage caused by a breach of the Act, the Regulation Module or these by-laws by
any owner or the tenant, guests, servants, employees, agents, children, invitees or licensees of the owner or any of
them the Body Corporate is entitled to recover the amount so expended as a debt in any action in any Court of
competent jurisdiction from the owner of the lot at the same time when the breach occurred.

Interpretation.

in these by-laws, except where inconsistent with the context, the following terms have the following meanings:

31.1 “the Act “means the Body Corporate and Community Management Act 1997 and includes ail related
regulations and the Regulation Module;

31.2 “the Body Corporate” means the body corporate identified in item 3 of this Community management
Statement;

31.3 “the Building” means the building containing the lots and includes, where the context permits or
requires, any other buildings or improvements on the Scheme Land;

31.4 “the Manager” means a person or corporation who has been engaged and/or authorised by the Body
Corporate to supply management, caretaking and/or letting services for the benefit of the Common
Property or lots included in the Community Titles Scheme;

31.5 “Common Property” means all land contained in the Community Titles Scheme that is not included
within a lot;

31.6 “Community Management Statement’ means the management statement to which these by-laws are

annexed;