20181085-ASC9 - Community Management Statement

Page 2

CMS Version 1
Body Corporate and Community Management Act 1997 Queensland Land

Registry

FIRST/NEW COMMUNITY MANAGEMENT STATEMENT Page 1 of

his statement incorporates and must include the

1 6592 Schedule A - Schedule of lot entitlements

Schedule B - Explanation of development of scheme

Schedule C - By-laws
Schedule D - Any other details
Schedule E - Allocation of exclusive use areas

 

Name of Community Titles Scheme: PORTSIDE NOOSA WATERS CTS 16592

 

 

 

 

 

 

 

 

2. Regulation module: ACCOMMODATION
3. Name of Body Corporate: BODY CORPORATE FOR PORTSIDE NOOSA WATERS CTS 16592
4, Scheme land
Description of Lot County Parish Title Reference
Common Property of
Community Titles Scheme
16592 MARCH TEWANTIN 50096175
Lots 1-11 on BUP 103414 MARCH TEWANTIN $0096 176-50096 186
Lots 13-20 on BUP 103414 MARCH TEWANTIN 50096 188-50096 195
Lot 21 on BRP 103695 MARCH . TEWANTIN 50110399
5. Name and address of original owner: NOT APPLICABLE
6. Reference to pian lodged with this statement: NOT APPLICABLE
7. Local Government community management statement notation:
NOT APPLICABLE pursuant to Sec 54(4) of the Body Corporate and Community Management Act 1997
8. Execution by original owner/Consent of Body Corporate:

Doc. No: QF RBCM No: 036 Issue No: 1

   

Execution Date

 

19/3/02 fovccescctecesecereee
Efe Manager by its

3 af Jean Richards under

No 700560945

Issue Date: 4 August 1998

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Form 20 Version | Queensland Land Registry

 

 

 

SCHEDULE
Land Title Act 1994 and Land Act 1994 Page 2 of 9
CTS No. 16592
Schedule A SCHEDULE OF LOT ENTITLEMENTS
Lot on Plan Contribution Interest
Lot 1 on BUP 103414 1

 

Lot 2 on BUP 103414

 

Lot 3 on BUP 103414

 

Lot 4 on BUP 103414

 

Lot 5 on BUP 103414

 

Lot 6 on BUP 103414

 

Lot 7 on BUP 103414

 

Lot 8 on BUP 103414

 

Lot 9 on BUP 103414

 

Lot 10 on BUP 103414

 

Lot 11 on BUP 103414

 

Lot 13 on BUP 103414

 

Lot 14 on BUP 103414

 

Lot 15 on BUP 103414

 

Lot 16 on BUP 103414

 

Lot 17 on BUP 103414

 

Lot 18 on BUP 103414

 

Lot 19 on BUP 103414

 

Lot 20 on BUP 103414

 

He lolejlolelololejojol[ejJeljelelololelel—
ae l[elolRfelefele le |epele jefe lole [ele ielo

Lot 21 on BRP 103695

 

 

TOTAL 20

y
o

 

 

 

ScheduleB EXPLANATION OF THE DEVELOPMENT OF SCHEME LAND
Section 57 (1) (e) and (f) of the body Corporate and Community Management
Act 1997 are not applicable.

ScheduleC BY-LAWS
The following by-laws are to apply to the scheme :

1. Noise
An owner or occupier of a lot shall not upon the parcel create any noise likely to
interfere with the peaceful enjoyment of the owner or occupier of another lot or of any
person lawfully using common property. In the event of any unavoidable noise in a lot
at any time the owner or occupier thereof shall take all practical means to minimise
annoyance to other owners or occupiers of lots by closing all doors, windows and
curtains of his lot and also such further steps as may be within his power for the same

purpose.

2. Vehicles
Save where a By-law made pursuant to Sections 133 and 134 authorises him so to do,
an owner or occupier of a lot shall not park or stand any motor or other vehicle upon
common property except with the consent in writing of the Body Corporate.

 

 

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Form 20 Version 1 Queensland Land Registry

SCHEDULE

Land Title Act 1994 and Land Act 1994 Page 3 of 9

CTS No. 16592

Obstruction
An owner or occupier of a lot shall not obstruct lawful use of common property by
any person.

Damage to lawns etc. on common property

An owner or occupier of a lot shall not:-

(a) Damage any lawn, garden, tree, shrub, plant or flower being part of or situated
upon common property; or

(b) except with the consent in writing of the Body Corporate, use for his own
purposes as a garden any portion of the common property.

Damage to common property

An owner or occupier of a lot shall not mark, paint, drive nails, or screws or the like
into or otherwise damage or deface, any structure that forms part of the common
property except with the consent in writing of the Body Corporate, but this By-law does
not prevent a owner or person authorised by him from installing:-

(a) Any locking or other safety device for protection of his lot against intruders; or
(b) Any screen or other device to prevent entry of animals or insects upon his lot.

Provided that the locking or other safety device, or as the case may be screen or other
device is constructed in a workmanlike manner, and is maintained in a state of good and
serviceable repair by the owner and does not detract from the amenity of the

building.

Behaviour of invitees

An owner or occupier of a lot shall take all reasonable steps to ensure that his invitees
do not behave in a manner likely to interfere with the peaceful enjoyment of the
owner or occupier of another lot or of any person lawfully using common property.

Depositing rubbish etc. on common property

An owner or occupier of a lot shall not deposit or throw upon the common property
any rubbish, dirt, dust or other material likely to interfere with the peaceful enjoyment
of the owner or occupier of another lot or of any person lawfully using the common

property.

Appearance of building

In the case of a building units plan, an owner or occupier of a lot shall not except

with the consent in writing of the Body Corporate, hang any washing, towel, bedding,
clothing or other article or display any sign, advertisement, placard, banner, pamphlet or
like manner on any part of his lot in such a way as to be visible from outside the
building. No owner or occupier may in any way alter or vary the external appearance,
structure, layout, wall format or texture or colour of any lot without the prior written
consent of the Committee of the Body Corporate.

Storage of flammable liquids ete.

An owner or occupier of a lot shall not, except with the consent in writing of the

Body Corporate, use or store upon his lot or upon the common property any flammable
chemical, liquid or gas or other flammable material other than chemicals, liquids, gases

 

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Form 20 Version 1 Queensland Land Registry

SCHEDULE

Land Title Act 1994 and Land Act 1994 Page 4 of 9

10.

11.

12,

13.

CTS No.16592

or other materials used or intended to be used for domestic purposes or any such
chemical liquid gas or other material in a fuel tank or a motor vehicle or internal
combustion engine.

Garbage

An owner or occupier of a lot shall:-

(a) Save where the Body Corporate provides some other means of disposal of
garbage, maintain within his lot, or on such part of the common property as may
be authorised by the Body Corporate in clean and dry condition and adequately
covered a receptacle for garbage;

(b) | Comply with all local authority By-laws and ordinances relating to the disposal
of garbage;

(c) _ Ensure that the health, hygiene and comfort of the owner or occupier of any
other lot is not adversely affected by his disposal of garbage,

Keeping of animals
Subject to Section 143, an owner or occupier of a lot shall not, without the approval in
writing of the Body Corporate, keep any animal or bird upon his lot or the common

property.

Exclusive Use - Courtyard / Entry

The owner or occupier for the time being of Lots 1 to 11 inclusive and 13 to 20
inclusive shall have the special privilege of the exclusive use and enjoyment for a
courtyard and entry area of that part of the common property having the same lot
number and being delineated on the plan annexed marked “A” on the following
conditions:-

@) The owner or occupier shall not construct any permanent structure on the
exclusive use area without first obtaining the written consent of the Committee
of the Body Corporate,

(ii) | The owner or occupier must allow the Resident Manager access to the exclusive
use area at all times and if necessary through the lot to enable the Resident
Manager to inspect and maintain the area;

(iii) | The owner or occupier must allow the Body Corporate an its Committee and its
properly appointed servants or agents access at all times to such area and if
necessary through the lot for any proper purpose including inspection and
maintenance thereof.

Exclusive Use - Car Parking

The owner or occupier for the time being of Lots 4, 5, 8, 9, 17 and 20 shall have the
special privilege of the exclusive use and enjoyment for a car parking facility of that part
of the common property having the same lot number and being delineated on the plan
annexed marked “A” on the following conditions:-

@) The owner or occupier shall not construct any permanent structure on the
exclusive use area without first obtaining the written consent of the Committee
of the Body Corporate;

 

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Form 20 Version 1 Queensland Land Registry

SCHEDULE

Land Title Act 1994 and Land Act 1994 Page 5 of 9

14,

15,

16.

17,

18.

19,

CTS No.16592

(ii) | The owner or occupier must allow the Resident Manager access to the exclusive
use area at all times and if necessary through the lot to enable the Resident
Manager to inspect and maintain the area;

(iii) | The owner or occupier must allow the Body Corporate and its Committee and
its properly appointed servants or agents access at all times to such area and if
necessary through the lot for any proper purpose including inspection and
maintenance thereof.

Use of Lots

All lots shall be used for residential purposes only save and except for Lot 21 which
may be used both for residential purposes and for the purpose of the performance of the
duties required of the Manager pursuant to the provisions of any Resident Manager’s
Agreement entered into by the Body Corporate and/or for conducting a business of the
sale and/or letting of lots in the building pursuant to the provisions of any Letting
Agreement entered into by the Body Corporate and/or for conducting any business
permitted pursuant to the provisions of the said Resident Manager’s Agreement and/or
the said Letting Agreement.

Swimming Pool Hours
The swimming poo! should not be used between the hours of 9.00 pm and 7.00 am or
between such other hours as the Committee may from time to time nominate.

Signage

Subject to any Resident Manager’s Agreement and/or Letting Agreement between the
Body Corporate and the Resident Manager and/or the Agent, the Manager and/or Agent
may without the consent of the Committee of the Body Corporate display signs or
notices within that part of Lot 21 being used as a reception area and on the external
portions thereof provided always that the form of such signage is usual and normal for
the type of business being conducted from the said lot.

Display lot

While the original owner remains the owner of any lot, it and its respective

servants and/or agents shall be entitled to utilise any such lot in the building as a display
lot for the purpose only of allowing prospective purchasers of any lot to inspect such lot
AND FURTHER shall be entitled to place signs and other advertising and display
material in an about the lot and other parts of the common property.

Air Conditioning

An owner or occupier of a lot shall not install any air conditioning equipment on the
outside of the lot or on the balcony or patio of the lot without the prior written consent
of the Committee.

Exclusive Use - Storage for Manager

The Resident Manager may be allocated by way of exclusive use the storage area noted
on the plan annexed marked “B” for the storage of equipment and materials used in the
discharge of the Manager’s duties. The Manager shall be entitled to the exclusive use
and possession of the keys to the storage area while he is the Manager under a binding
Resident Manager’s Agreement entered into with the Body Corporate.

 

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Form 20 Version 1 Queensland Land Registry

SCHEDULE

Land Title Act 1994 and Land Act 1994 Page 6 of 9

19.1

20.

21.

21.2

21.3

CTS No. 16592

The Resident Manager while he is the owner of Lot 21 shall be entitled to pay for and
erect a Recreational Facilities and Bicycle Shed to be situated as shown on the

attached plan marked “B”, provided that the Resident Manager shall not be responsible
for the Body Corporate repairs and maintenance duties under Section 108 of the
Accommodation Module of the Act and no occupancy fee shall be payable by the
Residential Manager and that the Recreational Facilities and Bicycle Shed shall only be
used for those or similar purposes and that the Resident Manager be allocated exclusive
use of the Recreational Facilities and Bicycle Shed pursuant to Sections 133 & 134 of
the Act.

Visitor’s Parking

(a) The area designated from time to time as “visitor’s car park” (if any) on the
common property shall be for the use of invitees, guests, agents or contractors of
the owner or occupier of the lot and shall not be used by the owner or occupier
of the lot without the express permission of the Committee of the Body
Corporate or its representative.

(b) The owner or occupier of a lot shall be responsible for their invitees, guests,
agents or contractors’ vehicles.

(c) An invitee, guest, agent or contractor of an owner or occupier of a lot shali
not use the visitor’s car park for a period in excess of six (6) hours without the
express permission of the Committee of the Body Corporate or its
representative.

Caretaking and Letting

The Body Corporate may enter into an agreement (“the Resident Manager’s
Agreement”) with any owner of Lot 21 or with a corporation under the control of any
owner of Lot 21 (“the Manager”) on such terms and conditions as the Body
Corporate determines whereunder the Manager is to perform certain duties and to
provide certain services for the purpose of ensuring the proper caretaking management
administration control use and enjoyment of the common property.

The Body Corporate may enter into a contract (‘the Letting Agreement”) with any
owner of Lot 21 or with a corporation under the control of any owner of Lot 21 (“the
Agent”) on such terms and conditions as the Body Corporate determines whereunder
the Agent is to perform certain duties and to provide certain services associated with the
letting of the lots to such of the owners or occupiers of lots who wish to avail
themselves of same.

For as long as there is in existence a Resident Manager’s Agreement and/or Letting
Agreement and subject to the terms and conditions of any such Resident Manager’s
Agents and/or Letting Agreement:-

21.3.1 Lot 21 may be used for both residential purposes and for the purpose of
performing the duties and providing the services set out in therein,

21.3.2 No other lot may be used for the purpose of performing the duties and
providing the services set out in therein,

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Form 20 Version 1

Land Title Act 1994 and Land Act 1994

Queensland Land Registry

SCHEDULE

Page 7 of 9

CTS No.16592

21.3.3 The Body Corporate will not (directly or indirectly) provide any of the

services set out therein;

21.3.4 The Body Corporate will not allow any person or corporation other than he
Manager and/or the Agent to provide any of the services set out in the Resident
Manager’s Agreement and/or in the Letting Agreement respectively;

21.3.5 The Agent may with the prior consent in writing of the Committee (which
consent shall not be capriciously or unreasonable withheld) erect or display on
the common property such signs or notices as may be reasonably necessary to
advertise any of the services set out therein.

ScheduleD ANY OTHER REQUIRED OR PERMITTED DETAILS

Nil

ScheduleE ALLOCATION OF EXCLUSIVE USE AREAS

 

Lot No

Exclusive Use Area

 

Lots 1 to 11 and 13 to 20 inclusive
on BUP 103414

Courtyard and Entry area alongside Lots 1 to 11
and Lots 13 to 20 designated by arrowed number
on sketch “A”, ‘Plan Showing Allocation of
Exclusive Use Areas’, at Page 8.

 

 

Lots 4, 5, 8, 9, 17 and 20
on BUP 103414

Car Parking facility alongside Lots 4, 5, 8, 9, 17
and 20 designated by arrowed number and ‘Car
Park’ on sketch “A”, ‘Plan Showing Allocation of
Exclusive Use Areas’, at Page 8.

 

Lot 21 on BRP 103695

Recreational Facilities and Bicycle Shed designated
by hachuring and ‘Proposed Bike Shed’ on sketch
“B”, “Site Plan”, at Page 9

 

Lot 21 on BRP 103695

 

Storage Area designated by hachuring and
‘Proposed Storage Shed’ on sketch “B”,
“Site Plan”, at Page 9

 

 

 

Page 9

Form 20 Version 1 Queensiand Land Registry
SCHEDULE
Land Title Act 1994 and Land Act 1994 Page 8 of 9
CTS No. 16592

 

A

NAME_OF_BUILDING: PORTSIDE NOOSA WATERS Sectlon 15

PLAN SHOWING ALLOCATION
OF EXCLUSIVE USE AREAS
FOR LOTS 1-20 ON BUP 1O3u1

 

 

MOVE ; NUMBERS DCNOTE ARF A. OF EXCLUSIVE,
USE FOR THOSE LOTS.

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SEALE
DATE _ 31-10-1995

 

 

REF NO. DB 0570-00/3

 

 

Page 10

Form 20 Version | Queensiand Land Registry
SCHEDULE
Land Title Act 1994 and Land Act 1994 Page 9 of 9
CTS No. 16592

 

 

 

 

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Page 11

4

ten year Sinking Fund Report, for a quoted cost of $300 plus $14 per Lot. WAS
RULED OUT OF ORDER

PRE-ISSUE CONTRIBUTIONS:
RESOLVED that, the Body Corporate Treasurer be authorised to pre-issue Body
Corporate levy contributions for the six (6) months to 30.4.99 following the end of the

/ financial year end to maintain proper Body Corporate cash flow.
For: Lots: 1,2,4,5,6,9,11,14,15,20,2]
Against: Lots:

Abstained: — Lots:

AUDIT:
RESOLVED that, pursuant to Section 106 (1) of the Standard Module of the Act, the
Body Corporate Statement of accounts for the Financial Year of 1.8.97 to 21.10.98 not

be audited.
For: Lots: 1,2,4,5,6,9,11,14,15,20,21
Against: Lots:

Abstained: Lots:

AUDIT OF ACCOUNTs:

THAT pursuant to Section 106(2) of the Standard Module of the Act, Mr Hugh
Ramsey of Ramsey Smart Pty Ltd, Certified Practising Accountant, Registered Public
Accountants and Registered Company auditors, under the Corporations Law, be
#PRointed to audit the accounts of the Body Corporate for the ensuing financial year,
to 31.10.98 for a quoted price of $400. WAS RULED OUT OF ORDER.

    
   

Contract.
For: Lots: 1,4,9,11,14,15,20,2] I certify this is a
Against: Lots: authorising

 
 
  
  

Abstained: Lots: 2,5,6

DETERMINE USE OF BODY CORPOR Co:
RESOLVED: that, the Body Corpotaie-svairiiserhvey- z
by ordinary resolution or by the powers delegateff’to the Body Corporate Manager.

     

For: Lots: 1,2,4, 6,9,11,14,15,20,21
Against: Lots:
Abstained: — Lots: 5

_—_

Page 12

    

  
 
  

 

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ED OUT OF ORDER,

 

RUE.

INSURANCE

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ACCOUNTS On

RESOLVED THAT the following Body Corporate insurance caver be contirmed
insurer: CHU/QBE [INSURANCE

Policy No: 857478

Paid to 31/10/02
Premium $2,986.87
5um Insured: Building

$ 3,340,000

Public Liability 20,000,000
Voluntary Workers 50,000
Office Bearers [Indemnity 1,000,000
Catastrophe 1,002,000
Loss of Rent 301,000
Common Contents 33,000

For: Lot l, 3, 4, 7,89, 10, J4, 20, 21 Total For: 10

Against: Nil

Abstain: Nal

RATIFY DEED OF CONSENT TO SECURITY
RESOLVED THAT, noting the resolution pas:
held on 16 March 2001 to enter into new Caret
Corporate retrospectively ratify the completion
Consent to

sed at the Extraordinary General Meeting

aking and Letting Agreements, the Body

and execution under seal of a Deed of
of the charge taken

byitoverr f certify this is a true Copy of the resolution ting Agreements in
the form si:  4Ppointing Richar ‘ody Corporate Management

as Body Corpor,

   

anager,

 

For:
Against:
Abstain:

APPOINT BODY CORPORATE MANAGER

 

RESOLVED THAT under the authority of Section 85 ( 1) of the Body Corporate and

Community Management (Accommodation Mo:

For: Lot L, 3, 4,7,8,9, 10, 14, 20, 21 Total For: 10

Against: Nil