By-laws of Strata Plan 36965
Billen Cliffs Village 

1.              Vehicles

An owner or occupier of a lot must not park or stand any motor or other vehicle on common property, or permit a motor vehicle to be parked or stood on common property, except with the prior written approval of the owners corporation or as permitted by a sign authorised by the owners corporation.

2.              Damage to lawns and plants on common property

An owner or occupier of a lot must not, except with the prior written approval of the owners corporation:

2.1.         damage any lawn, garden, tree, shrub, plant or flower being part of or situated on common property, or

2.2.         use for his or her own purposes as a garden any portion of the common property.

3.              Obstruction of common property

3.1.         An owner or occupier of a lot must not obstruct lawful use of common property by any person except on a temporary and non-recurring basis.

4.              Keeping of animals

The owners or occupiers of the lot shall be entitled to keep any animal upon their lot provided that:

4.1.         no dogs or cats, other than assistance animals as prescribed by legislation, shall be allowed upon any lot or the common property;

4.2.          the animal is adequately restrained to prevent the animal entering or encroaching upon the common property or any other lot; and

4.3.         the keeping of such animal is not otherwise prohibited by law.

5.              Noise

5.1.         An owner or occupier of a lot, or any invitee of an owner or occupier of a lot, must not create any noise on a lot or the common property likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using common property.

6.              Behaviour of owners, occupiers and invitees

6.1.         An owner or occupier of a lot, or any invitee of an owner or occupier of a lot, when on common property must be adequately clothed and must not use language or behave in a manner likely to cause offence or embarrassment to the owner or occupier of another lot or to any person lawfully using common property.

6.2.          An owner or occupier of a lot must take all reasonable steps to ensure that invitees of the owner or occupier:

6.2.1.     do not behave in a manner likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or any person lawfully using common property, and

6.2.2.     without limiting paragraph (a), that invitees comply with clause (1).

7.              Children playing on common property

7.1.         Any child for whom an owner or occupier of a lot is responsible may play on any area of the common property that is designated by the owners corporation for that purpose but may only use an area designated for swimming while under adult supervision.

7.2.         An owner or occupier of a lot must not permit any child for whom the owner or occupier is responsible, unless accompanied by an adult exercising effective control, to be or remain on common property that is a car parking area or other area of possible danger or hazard to children.

8.              Preservation of fire safety

8.1.         The owner or occupier of a lot must not do anything or permit any invitees of the owner or occupier to do anything on the lot or common property that is likely to affect the operation of fire safety devices in the parcel or to reduce the level of fire safety in the lots or common property.   

9.     Storage and use of inflammable liquids and poisons

9.1 An owner or occupier of a lot shall not, use, store or dispose of upon his or her lot or the common property any chemicals, poisons or environmentally damaging substances or other liquids or gasses of an inflammable nature, other than those permitted under Clause 9.1 and 9.2.

9.2 Chemicals and gasses commonly used for fuel or domestic purposes which can be stored and used in moderation and with due care, with the exceptions of synthetic insecticides, pesticides, herbicides and other poisons other than those listed under clause 9.3

9.3 Agricultural herbicides, exclusively for the use on weeds listed as noxious by current State and Commonwealth legislation and/or weeds as specified by a current Landcare Subcommittee weed management plan, with due care and full consideration of laws applicable to use of such substances, following approval by the Strata Committee
 

10.             Appearance of lot

10.1.      The owner or occupier of a lot must not, without the prior written approval of the owners corporation, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rural residential nature of the area and which detracts from the appearance of the community in a predominately rural setting.

11.           Disposal of waste

11.1.      An owner or occupier of a lot must not deposit or throw on the common property any rubbish, dirt, dust or other material or discarded item except with the prior written approval of the owners corporation.

11.2.      An owner or occupier of a lot must not deposit in a toilet, or otherwise introduce or attempt to introduce into the plumbing system, any item that is not appropriate for any such disposal (for example, a disposable nappy).

11.3.       An owner or occupier must:

11.3.1.  comply with all reasonable directions given by the owners corporation as to the disposal and storage of waste (including the cleaning up of spilled waste) on common property, and

11.3.2.  comply with the local council’s guidelines for the storage, handling, collection and disposal of waste.

11.4.       The owners corporation may give directions for the purposes of this by-law by posting signs on the common property with instructions on the handling of waste that are consistent with the local council’s requirements or giving notices in writing to owners or occupiers of lots.

11.5.      In this by-law

11.5.1.  bin includes any receptacle for waste.

11.5.2.  waste includes garbage and recyclable material.

12.           Change in use or occupation of lot to be notified

12.1.      An occupier of a lot must notify the owners corporation if the occupier changes the existing use of the lot.

12.2.      Without limiting clause (1), the following changes of use must be notified:

12.2.1.  a change that may affect the insurance premiums for the strata scheme;

12.2.2.  a change to the use of a lot for short-term or holiday letting.

12.3.      The notice must be given in writing at least 21 days before the change occurs or a lease or sublease commences.

13.           Compliance with planning and other requirements

13.1.      The owner or occupier of a lot must ensure that the lot is not used for any purpose that is prohibited by law.

13.2.      The owner or occupier of a lot must ensure that the lot is not occupied by more persons than are allowed by law to occupy the lot.

14.           Speed limit

14.1.      No owner or occupier shall permit a vehicle under their control or under the control of their invitees to travel at a speed greater than 20KPH whilst on any part of the Common Property including roadways.

15.           Existing Cemetery

15.1.      The graves existing on the common property as at the date of the addition of this by-law located in the area of the common property known as "Billen Cemetery”, the "Cemetery" or such other name (hereinafter called "the cemetery") be preserved and maintained by the owners corporation.

16 -25.           Not used

Clause 26

26.1. The owners of Lot 98 are granted exclusive use of that part of the common

property presently occupied by a building otherwise situated on Lot 98.

26.2. The owners of Lot 98 are responsible for the maintenance, upkeep and

insurance of that part of the common property to which the exclusive use relates.

26.3. The owners of Lot 98 are to pay the costs of registration of this by-law.