Submission MCU 19 0117 BC Beach Rd Holiday Homes - Beach Rd BC · MCU19/0117

Title Reference 50689326 . Page 14 of 42

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26,
26.1.

26.2.

26.3.

27,

27.1.

28.

28.1.

29.

29.1.

30.

30.1.

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RECOVERY OF MONEY FROM OWNERS

If the Body Corporate incurs or is required to pay any costs or expenses (including legal costs calculated on a
solicitor and own client basis) in respect of any action taken against any owner or occupier (which expression shall
for the purposes of the By-law include any former owner or occupier of the relevant Lot) due to a default by that
owner or occupier in the payment of any moneys to the Body Corporate or a breach of these By-laws or for any
other reasons whatsoever such owner or occupier shall forthwith pay on demand to the Body Corporate such costs
and expenses which shall be a liquidated debt due and payable by the owner or occupier to the Body Corporate.

An owner (which expression shall extend to a mortgagee in possession) shall pay on demand the whole of the
Body Corporate’s costs and expenses (including Solicitor and own client costs). Such amount to be deemed a
liquidated debt, incurred in:

(a) recovering levies or moneys payable to the Body Corporate pursuant to the Act duty levied upon that owner
by the Body Corporate or othenwise or pursuant to the By-laws of the Body Corporate;

(b) all proceedings including legal proceeding concluded in favour of the Body Corporate taken by or against the
owner or the lessee or occupier of the owner's Lot, including but not limited to, applications for an Order by
the Referee, appeals to the Tribunal and appeals to the Court.

In the event that the owner (or his mortgagee in possession) fails to attend to the payment of such costs and
expenses after demand is made for the payment of same, the Body Corporate may:

(a) treat such costs and expenses as a liquidated debt and take action for the recovery of same in any Court of
competent jurisdiction; and

(b) enter such costs and expenses against the levy account of such owner in which case the amount of same
shall be paid to the Body Corporate upon a subsequent sale or disposal of the owner's Lot failing which the
purchaser of such Lot shall be liable to the Body Corporate for the payment of same.

DEVELOPER’S DISPLAY LOT

Whilst the Developer remains an owner of any Lot in the Scheme it and its respective servants and/or agents shall
be entitled to utilise any Lot in the Scheme of which it remains an owner as a display Lot for the purpose of allowing
prospective purchasers of any Lot in the said Scheme to inspect such Lot or Lots, and further shall’be entitled to
place such signs and other advertising and display material in and about the buildings in the Scheme and about
other parts of the common property, which signs shall in all respects be attractive and tasteful, bearing in mind the
general appearance of the Scheme, and shall not at any time, and from time to time, be more in terms or number
and size than is reasonably necessary.

RIGHT OF ACCESS

Where any utility infrastructure crosses through or over any part of a Lot in the Scheme or the common property
any party benefiting from the utility infrastructure shall at all times be entitled to have access to such areas
necessary to access the utility infrastructure as may be necessary to ensure the continuation of services via the
utility infrastructure. The right to access must be actioned in a reasonable manner by any such parly and so as not
to deprive any other party of services from the utility infrastructure and to cause as little disruption as possible to
any other party. The party accessing the utility infrastructure must immediately make good any damage caused to
any property as a result of such access or activity involving the utility infrastructure.

OVERRIDING BENEFIT TO DEVELOPER

Nothing in these By-laws shall apply to constrain or deny the Original Owner the right to fully and freely carry out
construction, repair or renovation with the Scheme or to have any contractors, agents or employees undertaken
construction of sales activities with the scheme.

SUPPLY OF ELECTRICITY, GAS OR HOT WATER

The Body Corporate may purchase, rent, lease or otherwise acquire title to and the use of and to have installed,
used, run and maintain a supply system for the scheme for electricity, gas and/or hot water to the Lots in the
Scheme, (hereinafter called “energy products") and in such cases the following shall apply: