Appendix 10. Draft By-Laws [As Published] · 132007.2399

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           "Dwelling" means a residential dwelling constructed or to be constructed on a Lot.

           "Front Boundary" means in respect of a Lot that boundary designed as the front boundary by
           the Body Corporate when necessary for the purpose of these by-laws.

           "Gross Floor Area" means the sum of the floor areas (inclusive of all walls, columns and
           balconies whether roofed or not) of all Storeys of a Building, provided that the term does not
           include:

           (a)        the area of that part of any private balcony, which is within two and a half (2.5)
                      metres of external walls of the Building adjacent to such balcony and unenclosed
                      areas, over which the Building cantilevers, of two and a half (2.5) metres width or
                      less, provided the combined total does not exceed fifteen (15) percent of the gross
                      floor area of the Building;

           (b)        the areas (inclusive of all walls and columns) of all space used for the parking of
                      motor vehicles and motorized golf carts;

           (c)        stairways located between the first Storey and second Storey; and

           (d)        accessible open decks.

           "Ground Level" means the finished horizontal level of a Lot as determined by the Body
           Corporate.

           "Lot" means a lot in the Scheme.

           "Noosa Springs" the residential and tourism development within which the Scheme is
           located.

           "Occupier" means the legal occupant from time to time of a Lot.

           "Owner" means an owner of a Lot.

           "Person" means a person bound by these by-laws.

           "Plot Ratio" means the total floor area of all class 1a Buildings on a Lot divided by the total
           area of the Lot. The total floor area is measured to the outermost limit of exterior walls and in
           the case of Screened Enclosures, to the outermost limit of the exterior screen. Decks,
           balconies or other floor areas which extend the main living areas of the class 1a Building up to
           a maximum 15% of the total floor area of class 1a Buildings on a Lot will be excluded from
           the calculations in respect of each Lot.

           "Rear Boundary" means in respect of a Lot that boundary designated as the rear boundary by
           the Body Corporate when necessary for the purpose of these by-laws.

           "Regulation" means the Body Corporate and Community Management (Standard Module)
           Regulation 1997.

           "Scheme" means the community titles scheme to which this Community Management
           Statement relates.

           "Scheme Land" means the land described as the scheme land in item 4 of this Community
           Management Statement.

           "Screened Enclosure" means a covered structure associated with a class 1a Building and
           designated to screen a service, machinery or equipment from view.


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           "Set Back" means a distance beyond which no part of a Building or other improvement may
           be erected or may project towards a Front Boundary, Side Boundary or Rear Boundary.

           "Shade Structure" means any structure flexible or otherwise, which is used to shade either
           the Building or any part of the Lot.

           "Side Boundary" means in respect of a Lot that boundary designated as the side boundary by
           the Body Corporate when necessary for the purpose of these by-laws.

           "Site Coverage" means the percentage ratio of the total area of a Lot covered by Buildings
           with closed walls to the total area of that Lot. The area of all relevant Buildings measured to
           the outermost limit of their exterior walls or, in the case of a Screened Enclosure to the
           outermost limit of the exterior screen, will be included in the calculation.

           "Storey" means that space within a Building which is situated between one floor level and the
           floor level next above or if there is no floor above, the ceiling or roof above.

           "Structure" includes any Building, wall or fence and anything affixed to or protruding from a
           Building, wall or fence.

           "Vehicle" has its meaning under the Traffic Act.

           "Works" includes Dwelling, Structure, Buildings (including but not limited to class 1a
           Building and class 10 Building), Covered Parking Space, Development, Screened Enclosures,
           Shade Structures, walls, fences, signs, swimming pools, tennis courts, roofs, siding and other
           exterior materials and finishes, exterior lights and all other structures or improvements of any
           kind.

           "Zero Lot Line Lot" means a Lot which has a Dwelling set back of 0.0 metres from a Side
           Boundary of the Lot when viewed from the street.

           "Zero Lot Line Dwelling" means a residential building erected on a Zero Lot Line Lot, one
           wall of which abuts a side of an adjoining Lot or other land.

1.2        Interpretation

           In these by-laws, except to the extent that the context otherwise requires;

           (a)        the singular includes the plural and vice versa;

           (b)        'person' includes a natural person, each other kind of legal entity and an
                      unincorporated association;

           (c)        reference to a statute or any other law is a reference to the statute or law.

1.3        Clause headings will be disregarded in the interpretation of these by-laws.

2.         Use of Lots

2.1        Subject to by-laws 2.2 and 2.4 a Lot can be used for residential purposes only.

2.2        While the Developer is the Owner or Occupier of any Lot it may:

           (a)        use any such Lot for display purposes;

           (b)        allow prospective purchasers of any Lot to inspect such display Lot; and



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           (c)        use such signs, advertising or display material in or about the display Lot as it
                      thinks fit.

2.3        Any signs erected pursuant to by-law 2.2 must be attractive and tasteful having regard to the
           general aesthetics and amenity of the Scheme Land and must not at any time be more, in
           number and size, than is reasonably necessary.

2.4        A Lot from time to time notified by the Developer (while it is Owner or Occupier of a Lot) to
           the Body Corporate may be used for administration, management, letting and related purposes.

2.5        An Owner may let a Lot:

           (a)        by means of a written lease or tenancy agreement; and

           (b)        if that lease or agreement obliges the lessee or tenant to comply with these by-laws.

2.6        No Person may in a Lot:

           (a)        carry on noxious or offensive activity; or

           (b)        make or allow noise in a Lot that unreasonably will interfere with the enjoyment of
                      a Lot, the Common Property or Scheme Land by others (and must endeavour to
                      minimise the noise if it is unavoidable).

2.7        A Person must not display a sign or notice on part of a Lot so it is visible from outside the Lot.

2.8        An auction of a Lot may not be conducted at the Lot unless the Body Corporate has been given
           7 days' written notice.

2.9        No animal, except common household pets, is allowed in a Lot and the behaviour of pets in a
           Lot must be controlled so that it:

           (a)        does not interfere with the enjoyment of a Lot, the Common Property or the Scheme
                      Land by others;

           (b)        minimises the adverse impact of such pets (particularly cats) on fauna in the Lot or
                      on Common Property or the Scheme Land.

2.10       A Person must not have more than 2 animals (other than fish) in a Lot.

2.11       By-laws 2.9 and 2.10 apply subject to any law.

2.12       Dogs are not allowed on Common Property except if on a leash or carried.

2.13       Any excrement deposited by a pet on the Common Property must be removed promptly by the
           pet owner.

3.         Maintenance/Appearance

3.1        Every Owner must:

           (a)        maintain in good condition and repair the exterior of his Dwelling including
                      (without limitation) all fences, walls, windows, gates, sidewalls, walkways and
                      driveways within a Lot;

           (b)        maintain in good condition and repair all yard landscaping, irrigation facilities,
                      drainage facilities, spas, fountains and other surrounds within the Lot;


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           (c)        make any necessary arrangements for supply of sufficient water for the maintenance
                      and irrigation of all yard landscaping and pay for such water;

           (d)        maintain in a clean condition the interior of the Dwelling; and

           (e)        take all practicable steps to prevent infestation of the Lot by vermin or insects.

3.2        The Body Corporate may elect to maintain (as if it were Common Property) the part of the
           Landscape located between the front fence of each Lot and the front boundary of that Lot to
           Common Property and for that purpose install in that part of the Lot (and from time to time
           maintain and, if necessary, replace) irrigation lines to water lawns and flora in that part of the
           Lot.

3.3        Curtains and blinds visible from outside a Building on a Lot must have a white backing unless
           the Committee otherwise approves, which it must not do unless the design and colours are
           appropriate to the Building.

3.4        Each Owner must:

           (a)        maintain in a clean and tidy condition and free from weeds, overgrowth and litter all
                      outdoor areas of its Lot so that the condition or appearance of that area does not or
                      is not likely (in the Committee's reasonable opinion) to detract from or interfere
                      with the use and enjoyment of another Lot or Common Property; and

           (b)        for that purpose, keep all landscaping and trees properly trimmed and lopped so as
                      not to interfere with the use, or cause nuisance to the Occupiers, or adjoining Lots
                      or Common Property and so that such landscaping and trees will remain consistent
                      with landscaping and vegetation on the Common Property and other Lots.

3.5        After giving 14 days' written notice to the Owner, the Committee and servants, agents and
           contractors of the Body Corporate may enter the outdoor areas of a Lot to inspect, clean, tidy,
           weed and cut vegetation and remove litter, vegetation and cuttings, all at the Owner's cost.

3.6        The Committee must ensure that anything done pursuant to by-law 3.5 is done in such a way
           as to cause as little inconvenience to the Owner or Occupier of the Lot as is reasonable in the
           circumstances.

4.         Water Apparatus

4.1        Each Person must ensure that all water taps in a Lot are properly turned off after use.

4.2        The water closets, conveniences and other water apparatus (including water pipes and drains)
           in each Lot must not be used for any purpose other than those for which they were constructed.

5.         Vehicles

5.1        (a)        A Person must not park or keep any Vehicle on a Lot except wholly within the
                      parking area designated for it and except that a recreational Vehicle (which
                      includes, but without limitation, a camper unit, car motor home or boat) may be
                      parked or kept elsewhere on the Lot if it is screened so as not to be visible from any
                      other Lot.

           (b)        A Person must not park, keep a Vehicle of a commercial type (which includes, but
                      without limitation, a dump truck, cement mixer truck, delivery truck, coach, bus or
                      operable vehicle equipment, whether mobile or otherwise) within the Scheme Land
                      except for the purpose and in the course of commercial deliveries.


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           (c)        A Person must not conduct repairs or restorations to any motor Vehicle, boat trailer,
                      aircraft or other Vehicle on a Lot except:

                      (i)        wholly within the garage on the Lot; and

                      (ii)       if such activity does not interfere with the quiet enjoyment of other Lots,
                                 Common Property and the Scheme Land by others,

                      but such activity is not permitted if it is determined by the Body Corporate to be a
                      nuisance, and is not permitted on Common Property.

           (d)        The Person must use the garage in a Lot only as a garage and for general storage
                      purposes and not convert it to any other use.

5.2        A Person may not wash a Vehicle in a Lot but only on the part of Common Property
           designated by the Committee from time to time for that purpose.

5.3        The Body Corporate must maintain and line mark in a condition fit for use (and to a standard
           required by the Act (if any)):

5.4        access roads located on Common Property;

5.5        car-parking located on Common Property.

           In addition such maintenance and line marking is to be to a standard to the reasonable
           satisfaction of Noosa Council.

6.         Insurance and Related Matters

6.1        The Body Corporate may elect to:

           (a)        effect insurance on behalf of each Owner and keep insured all finally constructed
                      Buildings and any improvements on all Lots within the Scheme Land under a
                      damage policy to their reinstatement or replacement value;

           (b)        levy the Owners from time to time (in the proportion the reinstatement or
                      replacement value for Buildings on each Lot is insured bears to the total
                      reinstatement or replacement value of Buildings for which all of the Lots which are
                      insured) for funds to pay the premiums.

6.2        Owners must immediately on written request from the Body Corporate provide to the Body
           Corporate any information required by it to allow it to take out, renew or update any such
           insurance policy. Owners must notify the Body Corporate when Buildings on Lots are finally
           constructed and the replacement cost of such Building and the Body Corporate will have no
           responsibility to effect insurance except following 14 days after receipt of such written
           notification.

6.3        A Person must not bring to, do or keep anything on a Lot which:

           (a)        will increase the rate of premium for fire insurance on the Buildings or the
                      Common Property;

           (b)        may conflict with the laws or regulations relating to fire or any insurance policy on
                      the Buildings or the Common Property; or

           (c)        may conflict with the regulations or ordinances of the local government or other
                      public authority for the time being in force.


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7.         Security

7.1        An Owner:

           (a)        may install a security system on the Lot with the prior written consent of the Body
                      Corporate;

           (b)        must securely fasten on all occasions all doors and windows to the Dwelling on the
                      Lot when the Dwelling is left unoccupied.

7.2        The Body Corporate has the right to enter a Dwelling and fasten any doors and windows left
           unfastened.

7.3        The Body Corporate may arrange and operate a security system to monitor the Common
           Property, to operate in conjunction with security systems or services provided elsewhere in
           Noosa Springs so as to provide and maintain a consistent and uniform level of security within
           Noosa Springs generally.

7.4        The Committee:

           (a)        is responsible for control of the security system; and

           (b)        may employ servants, agents or contractors to operate the system.

7.5        The system may include that:

           (a)        parts of the Common Property and/or Scheme Land are secured against entry by
                      unauthorised persons; and

           (b)        security patrols, locks and other security devices or procedures are used to
                      implement or operate it.

7.6        The security arrangements may, at the discretion of the Body Corporate, include without
           limitation the following:

           (a)        the issue of security access cards upon conditions, including payment of a deposit;

           (b)        the right to refuse admission to any person unless prior notice of the identity of the
                      person is given; and

           (c)        the right (upon complaint) to remove any person from the Scheme Land or to refuse
                      admission to any person it considers is likely to be a nuisance.

7.7        The Body Corporate is not liable for injury to or death of a person or loss of or damage to
           property (whether in Common Property or a Lot) arising because:

           (a)        the security system is not operating; or

           (b)        the security system fails to operate as intended.

7.8        Persons entering a Lot under by-law 7.2 and personnel employed under by-law 7.4 are not
           liable for damage to person or property caused in carrying out their responsibilities under these
           by-laws.

7.9        Owners and Occupiers of Lots shall ensure, so far as is possible, the security system is
           operated in the manner intended for the benefit of all Owners in the Scheme Land and Noosa
           Springs.


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8.         Garbage Collection

8.1        Each Owner must:

           (a)        except if the Body Corporate provides some other means of disposal of garbage,
                      maintain on the Lot in a clean and dry condition and adequately covered, a
                      receptacle for garbage;

           (b)        at all times protect garbage deposited in the receptacle against the attraction of flies
                      by wrapping the garbage in paper or other suitable material;

           (c)        thoroughly cleanse and deodorise the receptacle regularly;

           (d)        at all times keep the proper lid (of correct fit) on the receptacle;

           (e)        not place or caused to be placed in the receptacle any refuse, or other thing which is
                      aflame, smouldering, sludge, alive or not garbage;

           (f)        ensure the receptacle is not overloaded to more than the maximum weight for the
                      receptacle;

           (g)        ensure the receptacle is placed at the nominated collection point on collection days;

           (h)        comply with all local government by-laws and ordinances relating to the disposal of
                      garbage.

8.2        For the purpose of by-law 8.1 "sludge" means any matter or thing, whether solid or liquid or a
           combination of solids or liquids, which have been removed from a septic tank, septic closet,
           chemical closet, sullage pit, grease trap or any holding tank or other container forming part of
           or used in connection with a septic tank, septic closet, chemical closet, sullage pit or grease
           trap.

9.         Notice of Accidents/Damage to Property

9.1        Each Person must notify the Body Corporate promptly of any accident to or defect in any
           water pipes, gas pipes, electric installations or fixtures which comes to the Person's knowledge.

9.2        The Body Corporate and its servants and agents have authority in the circumstances having
           regard to the urgency involved to examine the defective item and make such repairs or
           renovations as the Committee considers necessary for the safety and preservation of any
           Building as often as may be necessary.

10.        Inspection of Dwelling

10.1       The Body Corporate and its servants, agents and contractors may, on one day's written notice
           to the Owner, enter any Lot or Dwelling:

           (a)        to test any electrical, gas or water installation or equipment in it; and

           (b)        to trace and repair any leakage or defect in any installation or equipment at the
                      expense of the Owner concerned in the case where such leakage or defect is due to
                      any actual default of such Owner or his invitees.

10.2       The Body Corporate, in exercising its power under by-law 10.1, will ensure that its servants,
           agents and employees cause as little inconvenience to the Occupiers of the Lot as is reasonable
           in the circumstances.



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11.        Contractors

11.1       A Person must not directly instruct any contractors or workmen employed by the Body
           Corporate unless specifically authorised to do so.

11.2       All requests for the Body Corporate to consider giving directions on a particular matter to a
           contractor or workman must be directed to the Body Corporate's Committee, who will in turn
           refer the request to the Body Corporate for determination.

12.        Notification of Infectious Diseases

12.1       A Person must, if any infectious disease, which may require notification by virtue of any
           statute, regulation or ordinance, affects any person in any Lot give, or cause to be given, notice
           of that fact and any other information which may be required relative to the disease to the
           Body Corporate.

12.2       The Owner must pay to the Body Corporate the expenses of disinfecting the affected Lot (if
           that is necessary) and replacing any article or thing the destruction of which may be rendered
           necessary by such disease.

13.        Notices to be Observed

           Each Person must observe the terms of any notice displayed on any part of the Common
           Property by authority of the Body Corporate (providing the same is consistent with these
           by-laws) or of any statutory authority.

14.        Invitees

14.1       Each Person must:

           (a)        ensure his invitees comply with these by-laws; and

           (b)        if an invitee fails to comply, forthwith cause that invitee to leave Noosa Springs.

14.2       A Person who lets his Lot must take all reasonable steps (including any action available to him
           under relevant lease or agreement) to ensure that the tenant and tenant's invitees comply.

15.        By-Laws to be Exhibited

           A copy of these by-laws must be exhibited in a prominent place in any Lot made available for
           letting.

16.        Power of Body Corporate to enter into agreements

16.1       The Body Corporate has the power to enter into agreements:

           (a)        for the purchase of electricity, provision of water for irrigation and for such other
                      services to or within the Scheme Land as it determines;

           (b)        for the maintenance of any security systems on or crossing the Common Property;

           (c)        for the management, maintenance and repair of the Common Property to ensure that
                      the Common Property is maintained to a quality, design and standard consistent and
                      compatible with the Act and the quality, design and standard generally of Noosa
                      Springs as a whole.

16.2       The Body Corporate has the power to:


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           (a)        allow a person to install cabling, wiring, ducting, conduits, amplifiers, satellite dish
                      and any other equipment ('Equipment') to allow the provision of cable television
                      services, satellite services and similar services to and within the Scheme Land; and

           (b)        enter into agreements with the providers of cable television services, satellite
                      services and similar services on the terms of the installation of the Equipment and
                      provision of such services to and within the Scheme Land.

16.3       If the Body Corporate acts under by-law 16.2, the Body Corporate will arrange for connections
           of each Dwelling in the Scheme Land to the dish and each Owner of such a Dwelling will be
           levied for the costs of connection and the costs of operation and maintenance of the dish and
           the service provided by means of it (including rent or licence fees, if any, payable by the Body
           Corporate to the owner of the dish and any relevant authority) in the same proportion as the lot
           entitlement of the Lot bears to the aggregate lot entitlements of the Lots on which those
           Dwellings are located.

17.        Flammable Materials

           A Person must not without the Committee's written consent use or store any chemicals,
           burning fluids, acetylene gas or alcohol in a Lot or on Common Property nor in any other way
           cause or increase a risk of fire or explosion in a Dwelling or cost of fire insurance or breach a
           law. This by-law does not prevent use of residential barbecues in Lots.

18.        Obstruction

           A Person must not obstruct the lawful use of the Common Property by any person or access to
           another Lot.

19.        Maintenance and Upgrading of Services

19.1       The Body Corporate may from time to time arrange for the maintenance and upgrading of
           telecommunications services provided to a Lot or a series of Lots.

19.2       The Owner of any Lot that receives the benefit of the services must pay on demand by the
           Body Corporate his proportion of the cost of providing those services and maintenance and
           upgrade of those services from time to time.

19.3       If a relevant Owner does not do so, the Body Corporate may authorise the disconnection of any
           or all of the services provided to the Lot.

20.        Breaches and costs

20.1       A drunken or disorderly person found in or upon the Common Property may be summarily
           ejected and removed from the Scheme Land by a security officer or a member of the police
           force.

20.2       A Person must pay on demand all the costs and expenses (including solicitor and own client
           costs) incurred by the Body Corporate to enforce a by-law or make good any damage incurred
           by a breach of these by-laws by that Person or that Person's invitees (including tenants) and
           incurred in recovery of those costs and expenses.

20.3       Those costs and expenses constitute a liquidated debt due and owing to the Body Corporate.

21.        Insect etc control

           The Body Corporate is authorised to enter, by its agents, servants or contractors, onto each Lot
           and Dwelling (after giving reasonable notice), for the purpose of treating the premises with the
           intent of eradicating insects or vermin.
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22.        Painting

           The Body Corporate is authorised to enter, by its agents, servants, or contractors, onto each Lot
           and Dwelling (after giving reasonable notice), for the purpose of the external painting of all
           painted surfaces on the Lot and Dwelling.

23.        Development

23.1       No Occupier or other person is to erect alter or place on any Lot any Works or to undertake
           any Development on any Lot unless and until:

           (a)        the Body Corporate has determined the erection, alteration or placing or
                      undertaking of Development is compatible and consistent with these by-laws and
                      the Body Corporate has issued its written approval in accordance with these by-
                      laws. the Owner must apply for the Body Corporate's consent and provide all
                      documents, plans and specifications to evidence that the Development, once
                      complete ,will be compatible with these by-laws; and

           (b)        where required by law, the Council or private certifier and/or other required
                      regulatory approval for the erection, alteration or placing or the undertaking of the
                      Development has issued, confirming compliance with statutory or other lawful
                      requirements.

23.2       All Development must be undertaken in a manner that ensures minimum disruption to
           Occupiers within the Scheme Land. The following conditions must be complied with:

           (a)        the Scheme Land must remain in a tidy, orderly and safe condition throughout the
                      construction process;

           (b)        Lots are to be maintained at all times free from rubbish and excessive vegetation so
                      far as is practicable;

           (c)        Lots or Common Property neighbouring Lots on which Development is occurring
                      are not to be used for the storage or dumping of any construction materials or debris
                      unless prior arrangements have been made with the Occupier of the Lot and the
                      Body Corporate;

           (d)        for security purposes, the Occupier must furnish the Body Corporate with a list of
                      all contractors prior to the commencement of the proposed Works or Development;

           (e)        the Occupier must provide the Body Corporate with a 24 hour emergency contact
                      number prior to commencement of the proposed Works or Development;

           (f)        ablution facilities in accordance with lawful requirements are to be provided at the
                      commencement and for the total period of the Works or Development. The doors
                      of these facilities shall face the Lot and the facilities shall be cleaned on a weekly
                      basis;

           (g)        construction hours are Monday to Saturday 7 a.m. to 6 p.m. excluding public
                      holidays or at lesser times if required by law;

           (h)        any damage to an area or services outside the Lot must be advised to the Body
                      Corporate immediately and rectified by the Body Corporate at the cost of the
                      Occupier (who shall reimburse the Body Corporate on demand);

           (i)        the Occupier must ensure that contractors provide suitable facilities e.g. a “rubbish
                      skip” for the temporary storage of waste building material immediately construction

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                     has commenced upon the Lot. Rubbish must not be allowed to blow into lakes,
                     thoroughfares, any adjoining Lot, or Common Property. The Body Corporate may
                     remove such rubbish at the Occupiers expense. No building debris is to be allowed
                     to accumulate on any vacant Lot or on any thoroughfare or Common Property;

           (j)       the Occupier must ensure that its contractors do not bring dogs on the Scheme
                     Land;

           (k)       dirt, gravel or any other material must not be left on a thoroughfare or Common
                     Property;

           (l)       when radios or stereos are played, the volume is to be such that it does not disturb
                     the peaceful enjoyment of other Occupiers;

           (m)       the Occupier must ensure that its contractors comply with these by-laws;

           (n)       excavated soil shall not be stockpiled on the Lot, adjacent Lots or on any
                     thoroughfare or Common Property. It shall be removed from the Scheme Land
                     promptly except as may be in accord with accepted construction practices;

           (o)       parking of construction vehicles must be within the Lot and must not obstruct
                     access to and from other Lots or the Common Property;

           (p)       the Occupier must ensure it and its contractors complete the Works and/or
                     Development in a manner, so far as possible, which minimises noise, dust and other
                     unnecessary interference with the quiet use and enjoyment of other Lots by the
                     Occupiers or the Common Property.

23.3       All height measurements are to be taken from Ground Level. The height of any class 1a
           Building measured vertically excluding chimneys, vents and Architectural Appurtenances shall
           not exceed 8 metres from Ground Level or such lesser height as may be permitted by law. A
           single detached Dwelling to be constructed on a Lot shall have a maximum of two Storeys.
           The height of any class 10a Building measured vertically excluding chimneys, vents and
           Architectural Appurtenances shall not exceed 4.5 metres from Ground Level or such lesser
           height as may be permitted by law and shall be a maximum of one Storey.

23.4       The maximum Site Coverage will be:

           (a)       for single Storey Buildings or Works - 50%;

           (b)       for all other Buildings or Works - 35%.

           Maximum Site Coverage for the Lot where any two Storey Building or Works are proposed or
           constructed is 35%.

23.5       The maximum Plot Ratio must not exceed 0.5:1.

23.6       All class 1a Buildings will have a minimum size of 200 m2 of Gross Floor Area.

23.7       (a)       The minimum Front Boundary Set Back for all class 1a Buildings and class 10
                     Buildings is 6 metres and 9 metres for that part of the first Storey exceeding 50% of
                     the total width allowable unless determined otherwise by the Body Corporate. The
                     minimum Front Boundary Set Back for any other Building or improvement is as
                     determined by the Body Corporate on a case by case basis.

           (b)       The minimum Side Boundary Set Back for class 1a Buildings and class 10
                     Buildings is 1.5 metres up to 4.5 metres above Ground Level and 3 metres for that
                     part of a Building over 4.5 metres above Ground Level unless determined otherwise
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                      by the Body Corporate. This requirement will not include trellises or other shading
                      devices such as open pergolas or structures which are ornamental or used for
                      horticultural purposes to a maximum height of 2.4 metres above Ground Level
                      which are integrated into the design of the Building.

           (c)        The minimum Rear Boundary Set Back for any Building or improvements is 6
                      metres unless determined otherwise by the Body Corporate.

           (d)        Zero Lot Line Lot or Zero Lot Line Dwelling may not be erected.

           (e)        Set Back requirements imposed by law from time to time may increase (but may
                      not decrease) the Set Back requirements of these by-laws.

23.8       The minimum number of Covered Parking Spaces to be provided in connection with a Class 1a
           Building is two for motor vehicles plus, as required, one for a motorised golf cart. The
           driveway to the Covered Parking Space is to fall from the Front Boundary to Common
           Property.

23.9       Structures used to store any equipment on any Lot must be constructed of the same materials
           as a Class 1a Building on the Lot and must be of a colour consistent with that of the class 1a
           Building on the Lot and must be designed in such a way that the equipment cannot be seen
           from any thoroughfare or the Golf Course.

           Class 10 buildings with an opening visible from Common Property must have a door or shutter
           on the opening to prevent items stored in the structure from being viewed from any Common
           Property.

23.10      Privacy screens and tennis courts are not permitted to form part of the Works.

23.11      Exterior cladding will consist predominantly of rendered masonry up to first Storey level (with
           a finished decorative coat up to 2 millimetres aggregate in size) consistent with other class 1a
           Buildings at Noosa Springs. Exterior cladding to upper walls shall be rendered to match
           exterior Storey walls. Complimentary use of glazing, timber and other architectural accent
           features is permitted. Unrendered brick, blockwork, fibre cement sheeting or timber cladding,
           stonefacing, cover stripped paneling or metal, plastic or polycarbonate sheeting is not
           permitted.

           Exterior wall cladding will be within the colour range of pastel to muted earth tones
           complimentary to the approved roofing colours and compatible with other class 1a Buildings at
           Noosa Springs.

           Fascia boards, trim, exposed metalwork and must be colour co-ordinated with the Buildings
           and Works on the Lot. Unpainted metalwork is not permitted except for some natural copper
           accent features.

           Roofing must consist predominantly of clay tiles and cappings similar to that at Noosa Springs.
           Highly glazed/vitreous roof tiles are not permitted. Coated metal materials will only be
           permitted on "flat" roofs.

           Fences, storage facilities and retaining walls shall be colour coordinated with the Building and
           Works on the Lot. Adjoining lot fences to the Front Boundary and Rear Boundary in the same
           plane shall be of the same colour determined by the Body Corporate.

           Mirror finished surfaces is not permitted. In the case of glass, applied films or tints which give
           a mirrored finish and can be seen from outside the Lot is not permitted.



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           All Screened Enclosures must be constructed of materials and painted in colours
           complimentary to the class 1a Building on the Lot to ensure that they are unobtrusive as
           possible and must be of a first class standard in quality and workmanship compatible with the
           design of other Buildings and Works on the Lot.

23.12      All external meters or services will be screened or enclosed where possible and all meter
           boards will be located in a position that complies with the relevant authorities requirements.
           Except where there is no alternative, electric meters must not be located on the side of a
           Building facing the road. Cabinets that house external meters will be recessed into the wall of
           the Building or its garage in an unobtrusive location and painted to match the external colour
           scheme of the Building.

23.13      Insect screens must be designed to be as unobtrusive as possible and must match the colour of
           the window frames into which they are installed.

23.14      Canvas awnings and umbrellas are permitted in the rear and side yard of the Lot. Where there
           is a requirement for awnings to be placed at the front of the class 1a Building on the Lot, these
           awnings shall be constructed of a material and colour as to match the exterior finish of the
           class 1a Building on the Lot. Shade sails will not be permitted where they are visible from the
           Golf Course, thoroughfare or Common Property.

23.15      The Occupier must ensure that all subgrade and subsurface water is adequately drained from
           the Lot and that there are no areas where ponding can occur. The Occupier must ensure that
           stormwater is not discharged to an adjoining Lot.

23.16      Ancillary garden Structures such as pergolas, Shade Structures, trellises, screens and barbecues
           are not to exceed 3 metres in height where located between the building line and a Lot
           boundary.

23.17      No Works are to be carried out that change the Ground Level of any Lot within 1.5 metres of a
           Lot boundary (but the Ground Level of any other part of a Lot may be increased or decreased
           by a maximum of 1 metre) and no Structure or Works may be constructed within 1.5 metres of
           a main sewer line or a main water line or greater distance that the law may require.

23.18      Each resident is to provide and maintain on the Lot of that resident a visually screened area to
           serve as a service yard and area in which garbage receptacles, storage receptacles, clothes lines
           and other unsightly objects are placed or stored in order to conceal them from view from the
           rest of the Scheme Land and Golf Course.

23.19      Lots must be fenced along a Side Boundary Front Boundary and Rear Boundary, but no fences
           will be permitted on boundaries fronting the Golf Course or between a Building on the Lot and
           a Lot boundary.

23.20      All fences are to be constructed to a first class standard and design with a finish and colour
           complementary to the exterior cladding of the Building and other Works on the Lot. Where a
           masonry fence is constructed adjacent to a vacant Lot, the fence is to be finished on the side
           facing the adjacent Lot to compliment the exterior cladding of the Building and Works.
           Unfinished masonry is not permitted.

23.21      Side Boundary fences are to be either rendered masonry or a combination of rendered masonry
           and timber to provide privacy to adjoining Lots.

23.22      Swimming pools and spas must be of in-ground construction and be fenced in accordance with
           any requirements of any relevant statute , and fence construction must comply with the
           relevant statute but effectively be wholly see-through. All pumps and filters must be in a
           Screened Enclosure and located and insulated to minimise noise to noise levels required by
           law.

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23.23      Subject to a any law and a certification by a design professional appointed by the Body
           Corporate, pools may be allowed within the Rear Boundary Set Back subject to the following
           conditions -

           (a)        the outside of the pool wall, if it protrudes above Ground Level, is to be fine
                      finished (rough framework will not be permitted);

           (b)        any part of the pool or decking protruding above Ground Level is to be densely
                      screened using a suitable plant species;

           (c)        no terraced areas are to be retained on any Side Boundary; and

           (d)        structural integrity is to be certified by an expert who is qualified in a way required
                      by the Body Corporate.

23.24      Any air conditioning plant located outside a Building must be located and insulated to
           minimise noise and must be located or screened so it is not visible from outside the Lot. A
           suitable condensate drainage system must be incorporated in the design to prevent staining of
           the facade of the Building or paved areas. No air conditioning plant is permitted on any roof.

23.25      No Owner or Occupier is to allow occupation of any Works or Development until:

           (a)        the Body Corporate has, in the case of the completion of construction of a Dwelling
                      or some addition or extension thereto, confirmed in writing the Works or
                      Development are Approved Works; and

           (b)        all necessary statutory approvals and/or authorisations have issued.




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