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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.


Legal\105410442.1                                                                                           2.

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