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05. Town Planning Report · MCU10/2127
From the archive MCU10/2127 Development Application part 2 of 2 Plans 5 Morwong Drive Noosa Heads. File date in the archive: 2010-12-20 09:49.
Very large file (41.9 MB): the whole original can take several minutes to open, especially on a phone. Text is quick to read.
QUEENSLAND LAND REGISTRY ENLARGED PANEL Form 20 Version 2
Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 33 of 107
cr
4
Title Reference [Title Reference]
52. EXCLUSIVE USE AREA - COURTYARDS
{a)
(b)
(c)
(d)
The Original Owner is authorised to allocate the exclusive use of that part of the Common Property
(Courtyard) to the occupiers of Lots specified in a written notice to the Body Corporate. The Occupiers of
Lots mentioned in Schedule E under the heading By-law 52 are entitled to the exclusive use of that part of the
Common Property (“Courtyard”) which is identified in Schedule E. The following conditions apply to such
use:
(i) the Courtyard must only be used for the purpose referred to in Schedule E;
(ii) the Occupier must keep the Courtyard clean and tidy;
{iii} the Body Corporate must carry out its duties (including maintenance and operating duties) in respect
of the Courtyard;
{iv) the relevant Owner and occupier allowing the Body Corporate, the Committee and its properly
appointed agents, access at all reasonable times to the Courtyard for any proper purpose.
The Owner or occupier may subject to the requirements of the local authority and these By-laws use the
Exclusive Use Courtyard for any purpose for which the Lot may be used, provided however, that it must not
erect any structures in or on the Courtyard.
The Owner or occupier of a Lot to which this By-law relates, must immediately comply with any direction
given by the Committee detailing any breach of these By-laws in respect of the Exclusive Use Courtyard and
will at all reasonable times allow the Caretaker or any other contractor employed by the Body Corporate
access to the Exclusive Use Courtyard for maintenance or repair purposes.
lf an Owner or occupier of a Lot does not carry out its responsibilities in accordance with By-law 52(a), then
the Body Corporate and persons authorised by it, may enter upon the Courtyard for the purpose of carrying
out such responsibilities and the Owner or occupier will be liable for the costs incurred by the Body Corporate
in that regard. Such costs must be paid on demand.
53. SPECIAL RIGHTS OF COMMON PROPERTY - VILLA POOL
(a)
(b)
|_Beseevs
The Original Owner is authorised to allocate special rights to use that part of the Common Property (Villa
Pool) to the Occupiers of Lots specified in a written notice to the Body Corporate. The Occupiers of Lots
mentioned in Schedule E under the heading By-law 53 are entitled to use that part of the Common Property
(Villa Pool) which is identified in Schedule E jointly with other Owners and Occupiers having like rights. The
following conditions apply to such use:
{i) any usage is subject to the Pool Rules;
{ii) the Villa Pool must only be used for the purpose referred to in Schedule E;
{iii) the occupiers must keep the Villa Pool clean and tidy; and
{iv) the Body Corporate must carry out its duties (including maintenance and operating duties) in respect
of Villa Pool (it being noted that the contribution lot entitlement for the lots having the use of the Villa
Pooi have been increased to take account of these costs).
The Caretaker may, from time to time, take bookings for and permit the limited use of the Villa Pool area as a
setting only by persons other than those Owners and Occupiers entitled to the exclusive use of the Villa Pool
and the following conditions shall apply to such use:
(i) the Villa Pool area may be used as a setting no more than two times per week and for no more than
three hours each time;
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