Cms · 51997.2397.03

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Tide Reference 50283211 Hilton Park Page 2 of II

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[SCHEDULE A SCHEDULE OF LOT ENTITLEMENTS
Lot on Plan | Contribution Interest
Lot 1 on SP 120741 ! 82
Lot 2 on SP 120741 l 82
Lot 3 on SP 120741 l 82
Lot 4 on SP 120741 I 82
Lot 5 on SP 120741 I 75
Lot 6 on SP 120741 | \ 68
Lot 7 on SP !20741 1 75
Lot 8 on SP 120741 1 75
Lot 9 on SP 120741 1 68
Lot 10 on SP 120741 1 7S
| _. . _. .FOTALS] 10 at A 764
LY
[SCHEDULE B EXPLANATION OF THE DEVELOPMENT OF SCHEME LAND |
Not applicable
[SCHEDULE C BY-LAWS ]
L. Noise. The occupier of a lot shall not upon the parcel create any noise likely to interfere with the peaceful

enjoyment of the occupier or another lot or of any person lawfully using common property, In particular no occupier of a
lot:-

Ll may hold or permit to be held any social gathering on the lot which is likely to breach this by-law 1.0;
and

1.2 may allow radios, television sets, stereos or the like to emit noise so as to breach the provision of this
by-law 1.0.

2. Vehicles, Save where a by-law authorises him so to do, an owner or occupier of a lot shall not park or stand any
motor or other vehicle or boat or trailer upon common property except with the consent in writing of the body corporate.

 

3, Obstruction. The occupier of a lot shall not obstruct fawful use of common property by any person.

4. Damage to lawns, etc. on common property. The 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. , ‘

5. Damage to common property. An 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.

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‘Title Reference 50283211 Hilton Park Page 3 of 11

5.1 However, an owner may install:-
5.1.1 a locking or safety device to protect the Lot against intruders; or
5.1.2 a screen to prevent entry of animals or insects;

6, Behaviour of invitees.

6.1 An 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 proprietor or occupier of another lot or of any person lawfully using common

property. e

6.2 An occupier will be liable to compensate the body corporate in respect of all damage to the common property or
personal property vested in the body corporate caused by such occupier or their invitees.

6.3 An occupier in respect of a lot which is subject of a lease or licence agreement must take all reasonable steps,
including any action available to that occupier under any such lease or licence agreement, to ensure that any occupier or
other occupier or their invitees comply with the provision of these by-laws.

7. Depositing rubbish etc. on common property. An 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 occupier of another
lot or of any person lawfully using the common property.

8. Appearance and maintenance of building and lot.

8.1 A 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 or any common property area in respect of which such proprietor has exclusive use in such a
way as to be visible from outside the building. No proprietor may in any way alter or vary the external appearance,
structure, layout, wall format or texture or colour of any lot or exclusive use area without the prior written consent of the

Body Corporate.

8.2 An owner or occupier of a lot which contains a balcony, terrace or garden area is responsible for the maintenance
of that area whether it be included as part of a title to a lot or by way of exclusive use of common property. An owner or
occupier must cnsure that any plants kept in such area are maintained in good health and condition and so as not to be
offensive in appearance to other owners or occupiers and that the size and type of trees, shrubs, creepers, plants and the
like must not extend beyond the boundaries of the Jot or the boundaries of any exclusive use area or obstruct the views
from another lot or interfere with the use and enjoyment by other owners or occupiers of their lots.

9. Storage of flammable liquids, etc.

9.1 An occupier of a lot shall not, except with the consent in writing of the body corporate, use or store upon a lot or
upon the common property any flammable chemical, liquid or gas or other flammable material other than chemicals,
liquids, gases or other material used or intended to be used for domestic purposes.

9.2 An occupier must not bring to, do or keep anything in his or her lot which will increase the rate of fire insurance
premium on the building or the common property or which may conflict with the laws and/or regulations relating to fires

or an insurance policy upon the building or the common property or the regulations or ordinances of any public authority
for the time being in force. .

9.3 This by-law does not apply to the storage of fuel in:-
(a) the fuel tank of'a vehicle, boat, or internal combustion engine; or

(b) a tank kept on a vehicle or boat in which the fuel is stored under the requirements of the Jaw regulating
the storage of flammable liquid.

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Title Reference 50283211 Hilton Park Page 4 of [1

10. Garbage. A proprietor or occupier of a lot shail:-

(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;

{e) Ensure that the health, hygiene and comfort of the proprietor or occupier of any other lot is not adversely
affected by his disposal of garbage.

(d) Place incinerators and garbage cans only where approved by the body corporate and use the same only
for the purpose for which they are provided;

(e} Store empty bottles, boxes, used containers and similar items tidily and, so far as possible out of sight.
(f) — Keep car spaces tidy and free of all litter.

ll. Keeping of Animals.

11.1 Subject to $143 of the BCCM Act an occupier must not, without the body corporate's written approval:

11.1.1 bring an animal onto, or keep an animal on, the lot or the common property; or
11.1.2 permit an invitee to bring an animal onto, or keep an animal on, the lot or the common property.

11.2 An occupier must obtain the body corporate's written approval before bringing, or permitting an invitee to bring,
an animal onto the lot or the common property.

12. Use of Lots
12.1 Each lot must be used only for the following purposes:-
12.1.1 Lots 1 to 10 for residential purposes and not for commercial purposes.
12.2 Where a car space or storage space forms part of a lot then that area must be used for that intended purpose only.
12.3. An occupier must not use his or her lot for any purpose which may be illegal.

13, Aerials and Receivers. No other occupier may, without the consent of the body corporate, be entitled to erect any
outside wireless, television aerial, skydish received, satellite receiver or other erection, construction, aerial, receiver or

thing of like nature,

14, Structural Alterations and Additions. No structural alteration or extemal addition shall be made to any lot
(including any alteration to gas, water or electrical installations and including the installation of any air-conditioning
system or work for the purposes of enclosing, adding to or altering in any manner whatsoever the balcony or other external
area of a lot) without the prior permission in writing of the body corporate but such permission shall not be unreasonably

withheld.

(5. Blinds. No external blinds shall be erected without the previous consent in writing of the body corporate.

16. Windows. Windows shall be kept clean and promptly replaced with fresh glass of the same kind and weight as
the present if broken or cracked.

17. Taps. The occupier shall see that al! water taps in the lot are properly tumed off after use.

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Tithe: Reference 0283211 Hilton Park Page 5 of 11

18. Water Apparatus, The water closets, conveniences and other water apparatus including waste pipes and drains
shall not be used for any purpose other than those for which they were constructed and no sweepings or rubbish or other
unsuitable substance shall be deposited therein. Any costs or expenses resulting from damage or blockage to such water
closets, conveniences, water apparatus, waste pipes and drains from misuse or negligence shall be borne by the owner
whether the same is caused by his own actions or those of members of his household or his servants or agents or tenants or

guests.

19, Notice of Accident to be given. An occupier must give the body corporate prompt notice of any accident to or
fault in the waterpipes, gas pipes, electrical installations or fixtures which comes to his or her knowledge and the body
corporate shall have authority by its agents or servants in the circumstances having regard to the urgency involved {2
examine or make such rcpairs of renovations as they may deem necessary for the safety and preservation of the building as

often as may be necessary.

20. Keeping Lots Clean

20.1 All lots shall be kept clean and all practicable steps shall be taken to prevent infestation by vermin and/or insects.
20.2 Each occupier is responsible for the interior maintenance of his or her lot, including balconies and terraces (if any).

20.3 Each occupier must regularly (and at least once each month) clean the interior of all windows forming part of the
lot.

21, Renovation of a lot
21.1 Any renovation of any lot must comply with the following:-

21.1.1 All relevant permits (if any) to be obtained from all relevant authorities in compliance with regulations
and by-laws,

21.1.2 The body corporate by-laws to be adhered to during the course of any works.

21.1.3 Any damage sustained to common property during the course of any works to be rectified by the
occupier to the satisfaction of the body corporate.

21.1.4 No load bearing wall or supports to be removed or interfered with, without the written consent of the
body corporate.

21.1.5 The body corporate is entitled to request inspections and copies of such plans and specifications as it
might consider necessary to enable it to grant its approval and the occupier shall comply with all such
requests.

21.2 An occupier must not hang curtains visible from outside the lot unless those curtains have a backing of off white
or cream colour without the prior written consent of the body corporate. An occupier must not install, renovate and/or
replace a curtain backing or window tinting without having the colour and design of same approved by the body corporate.
In giving such approvals, the body corporate must ensure so far as practicable that curtain backings and window tinting
used in all lots presents a uniform appearance when viewed from the outside the building (from any place or angle
whatsoever),

21.3_ An occupier must not alter the outside appearance of his or her lot or cause to be constructed or placed to or upon
any part of the lot which can be viewed (from any place or angle whatsoever) external to the lot any materials or items
untess such works act is first approved in writing by the body corporate.

22. Not to litter. An occupier shall not throw or allow to fall permit or suffer to be thrown or to fall any paper,
rubbish, refuse, cigarette butts or other substance whatsoever out of the windows or doors or down the staircase, passages
or skylights, from balconies, from the roof or in passageways of the building. Any damage or costs for cleaning or repair
caused by breach hereof shall be bome by the occupier concerned.

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Title Reference 50283211 Hilton Park Page 6 of LL

23. Infectious Disease. In the event of any infectious discase which may require notification by virtue of any Statute,
Regulation or Ordinance affecting any person in any lot any occupier of such lot shall give, or cause to be given, written
notice thereof and any other information which may be required relative thereto to the committee and shall pay to the body
corporate the expenses of disinfecting the building where necessary and replacing any articles or things the destruction of
which may be rendered necessary by such discase.

24. Security. All doors and windows to any lot must be securely fastened on all occasions when they are left
unoccupied and the body corporate reserves the right for itself or its manager or any person appointed by it to enter and
fasten same if left insecurely fastened.

25, Body Corporate to be Permitted to Enter. Except in the case of an emergency (in which case no notice shall be
required), upon one (1) days notice in writing ‘the body corporate ‘and its employees, agents and contractors will be
permitted to inspect the interior of any lot and test the electrical, gas or water installation or equipment in such lot and to
trace and repair any leakage or defect in the installations or equipment (at the expense of the owner in cases where such
leakage or defect is due to any act or default of the owner or occupier or its invitees), If not so permitted, they may effect
an entry. The body corporate, in exercising this power, must ensure that its employees, agents and contractors cause as
little inconvenience to the occupier as is reasonable in the circumstance,

26. common Pro and Recreational Areas. The body corporate may make rules from time to time with respect to
the use of the common property and recreational areas including the reservation of use of any such areas for particular
occupiers and their invitees.

27. Body Corporate may Engage, The body corporate may engage for and on behalf of the body corporate such
agents, contractors and employees as it thinks for and in connection with the exercise and performance of the powers,

authorities, duties, and functions of the body corporate.

28. Display Lot

28.1 Whilst the original owner remains a proprietor of any lot in the building, it and its officers, servants and/or agents
are entitled to utilise any lot in the building of which it remains a proprietor, as a display lot, for the purpose of allowing
prospective buyers of any lot in the building to inspect such lot or lots. IN addition, the original owner may:

28.1.1 place such signs and other advertising and display materia! in and about the building, and about other
parts of the common property other than the building, which will not at any time, and from time to
time, be more in terms of number and size, than is reasonably necessary;

28.1.2. have full and uninterrupted access to the building for the purposes aforesaid during the hours of
10:00am to 10:00pm, seven (7) days per week;

28.1.3 conduct a sale or auction of'a lot within a lot or on common property.

29, Tenants to Have Notice of By-laws. A copy of these by-laws (or a summary approved by the body corporate}
Toust be exhibited in a prominent place in any lot made available for letting.

30. Notices. Occupiers must observe the terms of any notice displayed by the body corporate or of any statutory
authority.

3L, Recovery of Body Corporate. Where the body corporate expends money to make good damage caused by a
breach of the BCCM Act or of these by-laws by any occupier, 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 occupier of the lot at the time when the

breach occurred.

32. Recovery of Leyal Costs, Interest and Other Money

32,1 Ifa contribution levied under the BCCM Act is unpaid for a period of thirty (30) days after it falls due for
payment then the amount of the unpaid contribution will bear interest at an annual rate to be determined by the body

corporate by ordinary resolution in a general meeting from time to time.

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‘Tito Reference 50283211 Hilton Park Page 7 of 11

32.2 An owner must pay on demand the whole of the body corporate's costs and expenses (including solicitor and own
client costs) such amount being deemed to be a liquidated debt, due in recovering any contributions levied under the
BCCM Act or other moneys duly levied upon the lot of that person by the body corporate pursuant to the BCCM Act
including any interest under By-law 33.1.

32.3. If a prior owner of a lot owes interest on a contribution, then any new owner of that lot will be jointly and
severally liable with the prior owner for payment of the interest.

33. Vehicles. Except where authorised by these by-laws or in writing by the body corporate, a proprietor or occupier
of a lot shall not park or stand any motor or other vehicle or boat or trailer upon common property.

34. Exclusive Use

34.1 The owners for the time being of each Lot in the building shall be entitled to the Exclusive Use and enjoyment of
the area of Common Property specified in the plan annexed hereto and marked with the letter “A” the identifying number
of which js identical with the number of the Lot owned by such owner,

34.2 The owners for the time being of Lots to which Exclusive Use has been granted may without consent of the Body
Corporate, but with the consent of the relevant Local Authority if appropriate, construct a swimming pool, plunge pool,
spa tub and/or BBQ and associated services on the area of Exclusive Use provided that in so doing, or in the use thereafter
of that improvement no nuisance, noise or disturbance is caused to any other owner.

34.3 The owners for the time being of Lots to which Exclusive Use has been granted shall not place on or in the area of
Exclusive Use any chattel, plant or vegetation which:

(i) would detract from or interfere with the use and enjoyment (including visual!) of any other Lot and/or
the Common Property
(ii) would not be in harmony with the external architecture or aesthetic character or style of the other Lots

and/or Common Property

(iii) the owners for the time being of Lots to which Exclusive Use has been granted shall at their expense
properly maintain and care for any structures, chattels, gardens, lawns or plants within the allocated
area.

35. Ni truction on. Common Pro:
An owner or occupier of a Lot shall not erect, construct or permit the construction or erection of any fence, pergola, screen,

awning (save for an awning to provide shade in the internal courtyard) or other structure or out-building of any kind within
or upon a Lot or on Common Property without the approval in writing of the Body Corporate.

36. Setty

The Body Corporate may make rules from time to time to regulate the use of the jetty under its control so as to ensure
equitable use and maintenance of the facility,

 

[SCHEDULE D OTHER DETAILS REQUIRED/PERMITTED TO BE INCLUDED

Not applicable

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‘Tithe Reference 50283211 Hilton Park Page 7 of 1

32.2 An owner must pay on demand the whole of the body corporate's costs and expenses (including solicitor and own
client costs) such amount being deemed to be a liquidated debt, due in recovering any contributions levied under the
BCCM Act or other moneys duly levied upon the lot of that person by the body corporate pursuant to the BCCM Act
including any interest under By-law 33.1.

32.3 If'a prior owner of a lot owes interest on a contribution, then any new owner of that lot will be jointly and
severally liable with the prior owner for payment of the interest.

33. Vehicles. Except where authorised by these by-laws or in writing by the body corporate, a proprietor or occupier
of a lot shall not park or stand any motor or other vehicle or boat or trailer upon common property.

34. Exclusive Use

34.1 The owners for the time being of each Lot in the building shall be entitled to the Exclusive Use and enjoyment of
the area of Common Property specified in the plan annexed hereto and marked with the letter “A” the identifying number
of which is identical with the number of the Lot owned by such owner.

34.2 The owners for the time being of Lots to which Exclusive Use has been granted may without consent of the Body
Corporate, but with the consent of the relevant Local Authority if appropriate, construct a swimming pool, plunge pool,
spa tub and/or BBQ and associated services on the area of Exclusive Use provided that in so doing, or in the use thereafter
of that improvement no nuisance, noise or disturbance is caused to any other awner.

34.3. The owners for the time being of Lots to which Exclusive Use has been granted shall not place on or in the area of
Exclusive Use any chattel, plant or vegetation which:

(i) would detract from or interfere with the use and enjoyment (including visual) of any other Lot and/or
the Common Property

(ii) would not be in harmony with the external architecture or aesthetic character or style of the other Lots
and/or Common Property

(iii) the owners for the time being of Lots to which Exclusive Use has been granted shall at their expense
properly maintain and care for any structures, chattels, gardens, lawns or plants within the allocated
area.

35. No Construction on Lot or Common Property

An owner or occupier of a Lot shall not erect, construct or permit the construction or erection of any fence, pergola, screen,
awning (save for an awning to provide shade in the internal courtyard) or other structure or out-building of any kind within
or upon a Lot or on Common Property without the approval in writing of the Body Corporate.

36. Jetty

The Body Corporate may make rules from time to time to regulate the use of the jetty under its control so as to ensure
equitable use and maintenance of the facility.

 

[SCHEDULE D OTHER DETAILS REQUIRED/PERMITTED TO BE INCLUDED

Not applicable

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Title Reference 0283211 Hilton Park Page ¥ of 11

 

 

SCHEDULE E DESCRIPTION OF LOTS ALLOCATED EXCLUSIVE USE AREAS OF COMMON
PROPERTY

Pursuant to By-law 34 contained in Schedule C, the Exclusive Use areas attached to lots 1, 2, 5, 6 & 7 have been
allocated as follows,

 

 

 

 

 

 

 

 

 

Lot on Plan Exclusive Use Area
Lot | SP 120741 Area “|” on sketch marked “A”
Lot 2 SP 120741 Area “2” on sketch marked “A”
Lot 5 SP 120741 Area “5” on sketch marked “A”
Lot ‘6 SP 120741 . Arta “6 on sketch marked “A”
Lot 7 SP 120741 Area “7” on sketch marked “A”
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Lond Fitle Act 1994; Lond Act 994 ADDITIONAL SHEET Snaat] of
Form 214 Varaion |
LEVEL A
Seale 1,500
Scale 1:300 — Lengths ere im Matret., : ; Stale copyright rasarved.
L L L LL i. 4.
5 a 5 to 8 20 23 30 3 or Insert
hen, SP120741
b L 1 1 1 30frm ot 1 1 10 ret 1 1 1__150 Joon

 

Page 12

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Lana Title Act 1994; Long Act 1954 ADDITIONAL SHEET ‘Sheai] er

Form 2IA Version | 3[ 9

 

 

 

 

LEVEL B

 

 

 

Scolel: 300
Scale 1:300 - Lengths are in wotres, j 5 Stote copyright reserved.
Liiatnadig. L 1 L L
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1 1 4 p Sf 1100 fre 1 1 120 frron aw

 

 

Page 13

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