COMMUNITY MANAGEMENT STATEMENT
The By-laws for Crystal Waters Permaculture Village Community Titles Scheme are set out in this Schedule:
DEFINITIONS
In these By-laws:
Act means the Queensland Body Corporate and Community Management Act 1997 or legislation which replaces it.
Body Corporate Asset means any property, other than Common Property held or owned by the Body Corporate, on behalf of the owners.
Body Corporate Committee means the committee elected by the Body Corporate from time to time.
Costs means any costs, charges, expenses, outgoings, payments or other expenditure of any nature, and where appropriate, includes reasonable fees payable to contractors, consultants, accountants and lawyers.
Improvements means:
- any additions or alterations to the Common Property or any Body Corporate asset; or
- the installation of any fixtures, equipment, appliances or other apparatus on Common Property or any Body Corporate asset;
Internal Road means ‘Access Drive’ in terms of the Act.
Invitee means each of the owner’s agents, visitors, or others who may be on a Lot or the Common Property.
Co-op Leaseholder means a leaseholder of a residential lot owned by the Crystal Waters Community Co-operative Ltd.
Resident means a resident owner or resident lessee of the lot, or someone who lives on the lot.
Scheme means the Community Titles Scheme containing the Lots and the Common Property.
Services means all electricity, telephone and water services provided in the Scheme or available for a Lot.
BY-LAW 1 – DUTIES OF OWNERS
Lot owners must provide all residents of their lot(s) with a copy of these By-laws as part of any lease or occupancy arrangement and ensure that they are aware that they must comply with these By-laws.
BY-LAW 2 – INVITEES
A resident of a lot must take reasonable steps to ensure that their invitees comply with the By-laws.
BY-LAW 3 – USE OF LOTS AND COMMON PROPERTY
3.1 Firearms are not permitted to be used on a Lot or on the Common Property. The only concession will be where a Ranger or a Body Corporate designated person is licensed to use a firearm and uses it to carry out Body Corporate duties.
3.2 Permission shall be sought from the Body Corporate Committee or their designated agent before undertaking any activities that may alter Common Property.
3.3 Residents must not create noise likely to interfere with the peaceful enjoyment of a person lawfully on another lot or the common property.
3.4 Residents must not obstruct the lawful use of the common property by someone else.
3.5 No-one may trap or hunt on the common property without the body corporate’s written approval.
3.6 Moveable Storage Items and Shelters on Common Land
3.6.1 Moveable storage items and shelters, such as but not restricted to, containers, tanks, demountable sheds, skips, tunnel houses and marquees, may not be placed on the common land unless they are approved by the Body Corporate at a General Meeting (GM) and then only by Special Resolution where the item and contents are described in a licence application or renewal under by-law 6 (Land-Use Licences).
3.6.2 The Body Corporate Committee may grant temporary approval but only if the items and use are consistent with the usual licence application considerations (neighbour concerns, etc.) and where the applicant is either:
a) awaiting the next GM to submit a licence application however the need is urgent and there is a very good reason it cannot wait for the GM; or
b) is for a specified short period which would not normally justify a licence application and the applicant guarantees to remove the item at period end.
3.6.3 A moveable storage item or shelter is an item either over 100kg in weight when empty or one occupying a space of 10 square metres or more. This by-law does not apply to:
a) wheeled or tracked vehicles parked on common land; or
b) structures classified as permanent fixtures, these being the subject of other by-laws or external regulations.
BY-LAW 4 – LAND MANAGEMENT POLICY
4.1 The Body Corporate shall have a Land Management Policy. The Land Management Policy defines the ways that we share our land and care for it. It is intended to be a ‘living’ document, able to change and grow according to the needs of the community and the land. The Body Corporate Committee or its designated agents will, from time to time, review the existing Land Management Policy. Changes to this policy need the approval by Special Resolution of a General Meeting of the Body Corporate.
4.2 Residents shall conform with the overall policy and how it relates to general landscape, nature conservation, forestry, agriculture, animal husbandry and aquaculture. A Resident shall take all reasonable care and comply with the requirements of the Land Management Policy when using any part of the common property for their own purposes.
BY-LAW 5 – KEEPING OF ANIMALS
5.1 A resident must not, without the body corporate’s written approval— (a) bring or keep an animal on the lot or the common property; or (b) permit an invitee to bring or keep an animal on the lot or the common property.
5.2 The resident 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. Written approval will only be granted in accordance with conditions set in the ‘Animal Policy‘. The Body Corporate Committee or its designated agents will, from time to time, review the Animal Policy. Changes to this policy need the approval by Special Resolution of a General Meeting of the Body Corporate.
5.3 Small non-predatory animals, such as poultry and guinea pigs, are exempted from this requirement.
5.4 A resident must not bring or keep a cat, dog, or any other predatory animal on their lot or the common property, in recognition of our ‘Land for Wildlife’ status.
5.5 The owner of an animal is responsible for keeping it on their own lot or in an enclosed area as approved by the Body Corporate.
5.6 A person with a disability under the Guide, Hearing and Assistance Dogs Act 2009 who relies on a guide, hearing or assistance dog and who has the right to be on a lot, or on the common property, has the right to be accompanied by a guide, hearing or assistance dog while on the lot or common property. Such a person who is the owner or occupier of a lot has the right to keep a guide, hearing or assistance dog on the lot.
BY-LAW 6 – LAND-USE LICENCES
6.1 Generally a licence is required for residents to use common land on Crystal Waters. Exceptions are detailed in the Land Management Policy.
6.2 The Body Corporate shall have a Land-Use Licences Policy which outlines the application process, relevant fees, the approval process, objections, types of licences, etc. The CWBC Committee or its designated agents may, from time to time, review and amend the existing Land-Use Licences Policy subject to obtaining approval by Special Resolution of a General Meeting of the CWBC. Applicants must refer to the Land-use Licences Policy before putting in an application.
6.3 Applications for a Land-Use licence must be approved by Special Resolution at a General Meeting of the Body Corporate.
6.4 If the motion to approve a Land-Use Licence is passed at the General Meeting, the applicant is granted a Licence to carry out the works and activities mentioned in the application and agreed to by the Body Corporate on the nominated parcel of land for a period of five (5) years.
6.5 At the end of the licence term the licence holder may apply for another five (5) year term. Renewals must be approved by Ordinary Resolution at a General Meeting of the Body Corporate.
6.6 Application fees, renewal fees and annual fees are set out in the Land-Use Licence Policy and may be reviewed from time to time.
6.7 Discontinued licences must be left in good condition. When notified of a discontinued licence, the Body Corporate committee, or its appointee, will verify that the licence area has been left in good condition. If the Body Corporate incurs costs in returning the licensed area to a good condition, the licence holder shall be held financially responsible for these costs.
BY-LAW 7 – SERVICES AND SERVICE INFRASTRUCTURE
7.1 The master plan for all water, electricity and telephone services at Crystal Waters is held in the Crystal Waters Body Corporate Office.
7.2 The owner or occupier of a lot must:
- contact the Water Manager before undertaking work which may affect these services;
- give prompt notice to the Body Corporate of any damage to, or disrepair of, the services;
- not overload any service;
- if requesting alterations to the water supply to a lot, pay to the Body Corporate any costs incurred by the Body Corporate in altering the water system to the Lot.
7.3 The reticulated water system must not be used for drinking water.
BY-LAW 8 – PRIVATE CEMETERY
8.1 Crystal Waters has a private cemetery on that part of the Common Property agreed to by Caloundra City Council and in accordance with relevant law.
8.2 A variety of burial methods may be used, providing they comply with local and State law.
8.3 The Body Corporate shall have a Cemetery Management Policy which regulates the ways that the private cemetery will be used and managed. The CWBC Committee or its designated agents may, from time to time, review and amend the existing Cemetery Management Policy subject to obtaining approval by Special Resolution of a General Meeting of the CWBC.
BY-LAW 9 – TRAFFIC REGULATION
9.1 A Resident or any Invitee must not:
- drive any vehicle on Common Property at a speed in excess of 30 kilometres per hour;
- drive any vehicle on Common Property while unlicensed, or in a manner which contravenes the provisions of the Traffic Act.
9.2 By-law 9.1 (b) so far as it related to compliance with the Traffic Act, or any other relevant legislation regulating traffic matters, does not prevent the driving of mechanically sound farm machinery or alternative energy driven vehicles in circumstances where it is safe to do so and where it does not contravene any other By-law.
9.3 Pedestrians, cyclists and animals have the right of way over motorised vehicles on Common Property.
BY-LAW 10 – PARKING AND STORAGE OF MATERIALS
10.1 A Resident may park or give permission to another person to park, for a period of up to one week, a vehicle or materials along the side of an Internal Road within Crystal Waters, or on Common Property, provided that such action does not:
- obstruct the view of the Internal Road by other vehicular or pedestrian traffic;
- obstruct the safe passage of any other vehicular or pedestrian road traffic;
- block access to any Lot or turning point;
- contribute to road deterioration in any way;
- present a hazardous situation;
- cause an objection, in writing to the Body Corporate Committee or its designated agent, from the Resident of a Lot, which borders the Internal Road on the side where the action is undertaken.
10.2 For periods longer than a week, permission must be sought from the Ranger for a designated period.
10.3 A Resident must not put any rubbish or other material on the Common Property without written approval from the Ranger, with the exception allowed for in 10.1.
BY-LAW 11 – SIGNAGE
A Resident must not place a sign on any part of the Common Property without the prior written consent of the Body Corporate. The Body Corporate may remove a sign on Common Property for which it has not given consent, at the expense of the relevant Resident.
BY-LAW 12 – FIRE CONTROL
12.1 A Resident must have the written consent of the Body Corporate Committee, before using or storing any flammable liquids or materials on the Lot or on Common Property, other than of a type used for domestic purposes.
12.2 A Resident must have the written consent of the Fire Warden (being a person so designated by the appropriate legislation), to light a fire greater than two metres in any dimension on a Lot or the Common Property. No smaller fire may be lit on common land without permission from the Body Corporate Committee.
12.3 Residents are responsible for reducing fire risk on their Lots. A Resident must comply with any Body Corporate policy, orders or directives relating to fire risk prevention procedures.
12.4 The Body Corporate may, upon giving reasonable notice to the Resident, enter a Lot for the purpose of reducing fire risk. If the need for this action to be taken is due to negligence on the part of the Resident, this action will be paid for by the Resident of the relevant Lot.
BY-LAW 13 – USE OF CHEMICALS
13.1 A Resident must only use agricultural chemicals and materials that comply with the current Australian National Standard for Organic and Biodynamic Produce (“the Australian National Standard”). A Resident must obtain permission in writing from the body corporate committee for the use and /or storage of a chemical or material not included in the Australian National Standard. The body corporate committee will advertise this request for 21 days, and review submissions before approval is granted.
13.2 The only exception is for the use of ‘wicking’ and ‘cut and dab’ with Glyphosate as part of an Integrated Pest Management approach to dealing with weeds on Crystal Waters. The approval of the body corporate must be obtained before using Glyphosate on common land. Wicking means wiping herbicide on to a weed with a wicking tool and cut and dab means the application of herbicide to a cut weed stump or to basal bark. These methods of application cannot be used on common land within 25 metres of a lot or licensed area if the lotholder or licensee of that lot or licence has informed the body corporate in writing that they object to their use. Any lot or licence holder who does object in writing needs to suggest an alternative means of control that they consider acceptable and be prepared to assist with control by that means.
BY-LAW 14 – TERMITE CONTROL
A Resident shall seek approval from the Body Corporate Committee if they plan to use chemicals to treat buildings for termites other than those chemicals approved by the Australian National Standard for Organic and Biodynamic Produce. The Body Corporate Committee will advertise this request for 21 days and review submissions before approval is granted.
BY-LAW 15 – RIGHT OF ENTRY
15.1 The Body Corporate may, upon giving reasonable notice to the Resident, authorise entry to a Lot for workers and other authorised persons and necessary materials and appliances:
- to carry out any repairs or works in relation to the water supply.
- for the removal of declared weeds and other weeds as specified by the Body Corporate Committee, and for the removal of animal pests
15.2 In case of emergency no notice will be required under By-law 15.1.
15.3 If the need for this action to be taken is due to any act or negligence on the part of the Resident, this action will be paid for by the Resident of the relevant Lot.
15.4 In exercising its right under this By-law, the Body Corporate must ensure that it causes as little inconvenience to the Resident of the Lot as is reasonable in the circumstances.
BY-LAW 16 – NOTICES
All notices displayed on the Common Property by the Body Corporate, or any statutory authority, must be complied with by the Residents.
BY-LAW 17 – BODY CORPORATE SECRETARY
17.1 The Secretary of the Body Corporate shall maintain and keep up to date a file or files containing:
- a current Community Management Statement;
- a current Land Management Policy
- any other policies in force;
- approved recurrent expenditure and sinking fund works budgets for the current financial year;
- all action initiatives to be completed during the financial year (to include all other budgeted expenditure items);
- all valid and current resolutions.
17.2 An index of this file or files shall be prepared by the Secretary of the Body Corporate and shall be displayed on the Body Corporate notice board.
BY-LAW 18 – OFFICIAL NOTICES
18.1 The Body Corporate Secretary shall notify Owners/Co-op Leaseholders of any official notices served on the Body Corporate by any government department, property developers or their agents, relating to planning issues that may have an impact on Owners/Co-op Leaseholders and the Scheme. This notification will be sent to all Owners/Co-op Leaseholders within two working days of receipt by the Body Corporate.
18.2 Upon request and payment of a reasonable fee an Owner/Co-op Leaseholder may obtain a copy of the official notice.
18.3 The Body Corporate Committee must be responsible for clearing the Body Corporate mailbox a minimum of three times per week.