By-laws of Strata Plan 36965
Billen Cliffs Village

All by-laws are under revision due to recent changes to the Strata Act and are provided here only as a guideline of the general principles to which Billen Cliffs Village aspires.

Clause 1 Noticeboard
The Executive Committee shall cause a notice-board to be affixed to some part of the common property and a copy of the minutes of a meeting of the executive committee to be displayed on the notice board within days after that meeting; and to be kept so displayed for a period of not less than 14 days.

Clause 2 Noises or Nuisance
An owner or occupier of a lot shall not upon the parcel or upon common property create any noise or nuisance likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or any person lawfully using common property.

Clause 3 Vehicles
An owner or occupier of a lot shall not dispose of any motor or other vehicle upon common property. If the owner's corporation is satisfied that any vehicle deposited on common property is abandoned it has the authority to have the vehicle removed at the owner's expense. Vehicles parked temporarily on commons are to be parked in such a manner as to not impede the flow of traffic nor interfere with any person lawfully using any lot or the common property.

Clause 4 Obstruction of common property
An owner or occupier of a lot shall not obstruct lawful use of common property by any person.

Clause 5 Damage to trees etc on common property
An owner or occupier of a lot shall not, except with written consent of the owner’s corporation cut down, lop ringbark or otherwise damage any living trees being part of or situated upon common property.

Clause 6 Damage to common property
An owner or occupier of a lot shall not excavate, modify or otherwise damage or deface, any land or structure that forms part of the common property without the approval in writing of the owners corporation, and consultation with immediate neighbours.

Clause 7 Behaviour of owners and occupiers
An owner or occupier of a lot when upon common property shall be adequately clothed and shall not use language or behaviour 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.

Clause 8 Children playing on common property or in buildings
An owner or occupier shall not permit any child of whom he or she has control, unless accompanied by an adult exercising effective control, to play within the common property buildings or to be on or to remain upon common property comprising workshops, machinery sheds, parking areas, quarry, dams or other areas of possible danger or hazard to children.

Clause 9 Behaviour of invitees
An owner or occupier of a lot shall take reasonable steps to ensure that his or her invitees 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.

Clause 10 Depositing rubbish etc on common property
An owner or occupier of a lot shall not deposit or throw upon the common property any rubbish, dirt, dust, vehicle wrecks or any other material likely to interfere with the peaceful enjoyment of the owner or occupier of another lot or any person lawfully using the common property.

Clause 11 Storage and use of inflammable liquids and poisons etc
(a) An owner or occupier of a lot shall not, except with the written approval in writing of the owners corporation 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 section (b) of clause 11.
(b) 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.

Clause 12 Garbage disposal
An owner or occupier of a lot shall keep his or her lot clean and free from rubbish, vermin and noxious weeds.

Clause 13 Keeping of animals

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

(a) No dogs or cats shall be allowed upon any lot or the common property other than existing animals already duly approved as at 7/6/92.These animals may not be replaced.
(b) his or her animal is adequately restrained to prevent that animal entering or encroaching upon common property or any other lot, and
(c) no cat shall be allowed onto any lot or the common property unless it has been de-sexed, and
(d) the keeping of such animal is not otherwise prohibited by law.

Clause 14 Erection of signs
An owner of a lot shall not, except with the written consent of the owners corporation erect a sign, signal or advertisement on the lot.

Clause 15 Erection of telephone, electricity or other service cables
An owner or occupier of a lot shall not be entitled to erect above ground telephone, electricity or other service cables on the common property without the written consent of the owners’ corporation as agreed upon in general meeting.

Clause 16 Firearms
An owner or occupier of a lot or his or her invitees shall not be entitled to bring any firearms onto the lot or common property, or use any firearms on the lot or the common property.

Clause 17 Water and other services
An owner or occupier of a lot shall not-
(a) do any act manner or thing which may or could cause damage to or break down any water, electrical, telephone or other services used in common with owners or occupiers of other lots, and
(b) unnecessarily waste water supplied to and used in common with owners or occupiers of other lots.

Clause 18 Speed limit
No vehicle shall travel at a speed greater than 20kph whilst on any roadway on common property.

Clause 19 Use of lot
An owner of a lot must notify the owners corporation if the occupier intends to change the existing use of the lot in a way that may affect the insurance premiums for the strata scheme (for example, if the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes)

Clause 20 Additional authorities of the Owners Corporation
In addition to the authorities and duties conferred or imposed upon the owners’ corporation by the Act and the By-Laws the Owners Corporation shall in general meeting have:
(a) the authority to construct buildings and acquire and install appliances on the common property,
(b) the authority to create fire breaks, dams, playing fields, walking tracks, quarry, burial grounds etc on common property,
(c) the authority to change the appearance of the common property,
(d) the authority to acquire vehicles, machinery and equipment and dispose of such items as deemed necessary.

Clause 21 Committees
(1) The executive committee of the owners’ corporation may establish committees in accordance with this By-Law.
(2) A committee shall operate for such a period of time as the executive committee may determine.
(3) A committee established pursuant to this By-Law shall be constituted by the following persons who shall be appointed by the executive committee and subject to the removal and replacement thereby:
(a) A member of the executive committee (who shall also be designated as the convenor of the committee); and
(b) Up to four (4) other persons, being members of the executive committee, owners or registered lessees.
(4) The functions of a committee shall be confined to those of an advisory and supervisory nature.
(5) The members of a committee shall elect a chairperson who shall preside at its meetings wherever possible.
(6) The meetings and proceedings of a committee shall be regulated in such a manner as the committee may from time to time determine.

Clause 22 Indemnities
That every member for the time being of the Executive Committee of the Owners Corporation shall be indemnified by the Owners Corporation out of its funds and assets against personal liability for the acts, receipts, neglects or defaults of any other member of the Executive Committee or of any managing agent or for any loss or liability occasioned to the Owners Corporation by any error of judgement or oversight on his part or for any loss, damage or misfortune whatever which shall happen during the course of the execution of the duties of his office or in relation thereto AND shall be further indemnified in similar manner against any liability incurred by him in defending any proceedings, whether criminal or civil, in respect of any such act, receipt, neglect, default, error or oversight.

Clause 23 Licences
The Executive Committee may at its discretion and for and on behalf of the Owners Corporation, grant a licence to a person or persons to use and/or occupy, on a temporary basis, part of the improvements erected upon the common property (excepting any improvements already leased) upon such terms as it considers fit PROVIDED THAT-
a) the Executive Committee shall not grant a licence to any person or persons unless it has first formed the view that the grant is either in the interest of the Owner’s Corporation or is likely to benefit the Owner’s Corporation and;
b) the licensee must not increase any insurance risk to the Owners Corporation and;
c) the licensee shall not use the premises for domestic purposes and;
d) running and maintenance costs shall be paid at least weekly and in advance and;
e) a licence shall be terminated upon a decision made in a General Meeting and;
f) a license shall be issued for no longer than 6 months;
g) A bond shall be payable equivalent to 8 weeks of running and maintenance costs; and
h) any such license shall not be interpreted or presented by any party as a substitute for or a circumvention of the legal requirements for the granting of a) a lease, b) special privilege, c) exclusive use of, d) a delegation of management powers for any of the above mentioned license premises.

Clause 24 Existing Cemetery

(a) 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.
(b) Further burials after the addition of this by-law, that would increase the number of burial plots or take the total number of burial plots at the Cemetery to ten (10), are only to occur where Lismore City Council (or such other relevant consent authority) has confirmed there is no application necessary to be lodged, assessed and approved and approval already exists for burial plots to be located at the Cemetery up to a maximum of ten (10).

Clause 25 The owners corporation is authorised to:
(a) submit a development application to Lismore City Council applying for approval for burial plots up to a maximum of one hundred (100) on the common property and as surveyed and shown on the attached plan marked “A” (hereinafter called “the Application”); and
(b) add to common property, alter it and/or erect new structures on the common property as may be required for the purpose of developing, preserving and maintaining the additional burial plots at the Cemetery at the cost and expense of the owners corporation, if the Application is approved; and
(c) submit with the Application, or as a separate application, a proposal for access in the form of an access road and to obtain quotations to upgrade and maintain such access; and
(d) to engage surveyors and other consultants as may be necessary to proceed with the Application.

Clause 26 Exclusive Use By-Law
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.
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.
3. The owners of Lot 98 are to pay the costs of registration of this by-law.

CLAUSE 27 Route to Billen Cliffs Private Cemetery
(a) No owner or occupier of a lot may object to or interfere with the passage along the route shown and marked on attachment “B” to these by-laws (ROUTE), of any friends or relatives of any person buried at the Billen Cliffs Private Cemetery (FRIENDS).
(b) The owners corporation grants a licence to Friends to pass and repass along the Route, with or without vehicles to gain access to the Billen Cliffs Private Cemetery.

CLAUSE 28 Peace Forum Election
At every Annual General Meeting the Owners Corporation will elect sixpeople either unit holders and/or residents to constitute the Peace Forum; the nominated Peace Forum persons will have their names recorded in the AGM minutes. The Peace Forum will operate independently from the Executive Committee and none of its Members will hold a position as EC. The EC may refer appropriate cases requiring dispute resolution to nominated and independent Peace Forum persons. Nominated Peace Forum persons will be responsible for facilitating the process of internal conflict resolution using the principles of dispute resolution a set out in the approved policy.

CLAUSE 29 Coal Seam Gas
No coal seam gas production activities, including the exploration, drilling, mining and other activities associated with coal seam gas production are to be permitted on any Unit or the common property of Billen Cliffs Village.

CLAUSE 30 Residential and Postal Address
All unit holders are required to provide the Secretary of the Owner’s Corporation with both a residential address and a postal address within Australia. Furthermore, unit holders are required to notify the Secretary of the Owner’s Corporation within 30 days of any change in residential or postal address.