City Mews By-Laws
57–75 Buckland Street, Chippendale NSW 2008 · Strata Plan SP16884
57–75 Buckland Street, Chippendale NSW 2008 · Strata Plan SP16884
DEFINITIONS 1.1 In this by-law, the following terms are defined to mean: . Act means the Strata Schemes Management Act, 1996. . Building means the building situated in 47/57-75 Buckland Street, Chippendale NSW. . Council means City of Sydney Council. . Lot means lot 47i n Strata Plan 17139, being a plan of subdivision of lot 5Strata Plan No. 16884. . Owner means the owner for the time being of lot 47i n Strata Plan 16884. . Owners Corporation means The Owners - Strata Plan No. 16884. . Skylights means any skylight or skydome or skylights or skydomes installeads a result of the Works. . Strata Scheme means the strata scheme relating to Strata Plan No. 16884. i. Works means alterations and additions undertaken by the Owner to: FO OO DO »QC ~~ i. remove any applicable part of the ceiling and roof; ii. install Skylights; and iii. the restoration of the Lot and common property where damaged by works referred to above; and being strictly in accordance with the provisions of this by-law and the drawings and specifications annexed hereto and marked "A". 1.2 Where any terms used in this by-law are defined in the Act, they will have the same meaning as those words attributed under the Act. 1.3 Words importing the singular include the plural and vice versa, and wordsi mporting a gender include any gender. 1.4 To the extent of any inconsistency with any other by-laws made by the Owners Corporation, including but not limited to Special By-Law 2 in Registered dealing 5459480, the provisions of this by- law shall prevail. Pa1g6 ofe 77
RIGHTS 1.5 Subject to clauses 1.6 to 1 .21 of this by-law, the Owner shall have: a special privilegei n respect of common property to erect and keep the Works to and onn the a. common property; and b. the exclusive use of those parts of the common property occupied by the works. CONDITIONS ' Documentation 1.6 Before commencing the Works the Owner shall submit to the Owners Corporation its approval: a. the completed plans of the Works as referred to in clause 1.1 of this bylaw. b. copies of certificate of insurance for the contractors engaged by the Owner to out the Works (including public liability); c. evidence of the license or certification of the contractors engaged by the Owner to carry out the Works; and d. any development approval or building consents as may be required by Council pursuant to the Environmental Planning and Assessment Act, 1979. 1.7 At least two (2) days prior to the commencement of the Works the Owner shall make arrangements with the Strata Managing Agent regarding: a, the suitable times and method for the Owner's contractors to access the Building; and b. the suitable times and method for Contractors to park their vehicles while the Works are being conducted. Performance of Works 1.8 In performing the Works, the Owner must: a. transport each item including but not limited to construction materials, equipment debris in the manner reasonably directed by the Owners Corporation; b. protect the Building both internal and external to the lot from damage: i. by the Works; li. by the installation or removal of the Works; and iii. by the transportation of construction material, equipment, debris and other material required to install and maintain the Works; . protect all common property areas in the manner reasonably acceptable to the Owners Corporation; . keep all areas of the Building outside the Lot clean and tidy; . only perform the Works at the following times: i. for noisy building activities (including, but not limited to, concrete drilling or constant hammering) between 9.00 am and 3.00 pm on Monday to Friday inclusive; ii. for extremely noisy activities (such as jack hammering and rotary hammer drilling) for a single four (4) hour period in any given week (excluding Sundays and public holidays); ili. for any other activities between 8.00 am and 4.00 pm on Monday to Friday (inclusive) and from 8.00 am to 1.00 pm on Saturday (inclusive); and . provide to the Strata Managing Agent at least 48 hours notification of any noisy building activities intended to be carried out by the Owner's contractors; . not carry out the Works on Sundays and/or public holidays; . keep the apartment door to the Lot closed at all times whilst the Works are being conducted to prevent the egress of dust onto the common property; . immediately arrange for the private removal of all building refuse from the Building (no building materials or refuse of any kind is to be placed in the common property garbage chute, bins or Pa17g ofe 77
skips or other common property areas); j. not create noise that causes discomfort, disturbance, obstruction or interference with activities of any other occupier of the Building; k. ensure that the common property is cleared of any waste created by the Works and in accordance with the Owners Corporation's directions; (1) comply with all requirements of the Owners Corporation, the Strata Scheme's by laws and all directions, orders and requirements of all relevant statutory authorities and shall be responsible for compliance with such directions, orders and requirements by the Owner's servants, agents and contractors. Statutory and Other Requirements 1.9 The Works shall be done: a. in a proper and workmanlike manner and by duly licensed contractors; and b. in accordance with the drawings and specifications approved by Council (where required) and the Owners Corporation; 1.10 The Owner must comply with all requirements of the Owners Corporation, the By-laws and all directions, orders and requirements of all relevant statutory authorities including Council relating to the Works and shall be responsible to ensure that the respective servants, agents and contractors of the Owner comply with the said, orders and requirements; 1.11 The Owner shall ensure that the provisions of the Building Code of Australia and Australian Standards are, so far as relevant, complied with; and 1.12 The Owner shall comply with the provisions of the Home Building Act, 1989 including, but not limited to, section 18B. Maintenance 1.13 The Owner must properly maintain and keep the common property and those parts of the Lot to which the Works are attached in a state of good and serviceable repair 1.14 The Owner must properly maintain and keep the Works in a state of good and serviceable repair and must replace the Works as required from time to time. Liability 1.15 The Owner is liable for any damage caused to any part of the common property any other lot as a result of the installation, removal, replacement, repair, attachment use of the Works and will make good that damage immediately after it has occurred. Indemnity 1.16 The Owner must indemnify the Owners Corporation against any legal liability, loss, claim or proceedings in respect of any injury, loss or damage whatsoever to any lot or common property, or person, in so far as such injury, loss or damage arises out of, in the course of, or by reason of the installation, removal, replacement, repair, attachment or use of the Works. 1.17 Without limiting the generality of clause 1.16, should the Owners Corporation be to carry out work as specified in section 65 of the Act as a result of the Owner's installation, removal, replacement, repair, attachment or use of the Works, the must indemnify the Owners Corporation against any liability or expense suffered the Owners Corporation in rectifying any damage to the common property or any lot this provision. Cost of Works 1.18 The Works and any other works required to be undertaken by the Owners Corporation pursuant to this by-law are undertaken at the cost of the Owner.
Cost of By-law, Approvals and Certification 1.19 The Owner shall indemnify the Owners Corporation for all of the costs of considering and making this by-law, approving any plans, drawings or other documents obtaining certification of works required to be carried out by the Owners Corporation to this by-law (including legal costs) and will pay those amounts to the Owners Corporation upon demand. Owner's Fixtures 1.20 The Works shall remain the Owner's fixtures. Right to Remedy Default 1.21 If the Owner fails to comply with any obligation under this by-law, then the Owners Corporation may: a. request, in writing, that the Owner comply with the terms of it; b. without prejudice to any other rights, be able to enter upon any of the parcel, including the Lot, to carry out reasonable work; and c. recover the costs of carrying out that work from the Owner. Such costs, if not paid the end of one month after becoming due and payable bear, until paid, simply interest at an annual rate of 10%. The Owners Corporation may recover as a debt any costs not paid at the end of one month after it becomes due and payable together with any interest payable and the expenses of the Owners Corporation incurred in recovering those amounts. Annexure below Pa1g9 ofe 77
on lin Member| 15 May 2012 Lyane Stane 47775 Buckland St Chippendale NSW 2008 Dear Lynne Re: Proposed Skylights at Unit 47, City Mews 37-75 Suckland $¢, Chippendale. Strata 16884 installation of the propased skylights shall comply with the current Building Code of Australia: BCA 2072. AS @ Residential Flat Building, City Mews should be a Class 2 building under the BCA. Skylight installation shail camply with Specification Cf. (Type A), Clause 2.6(a), 6) & ©) of BCA 2012 and shall maintain the level of current protection afferded between the unit ceiling & root void, The current level of protection shall not be compromised. Under €3.6 {a} the skylight area must not exceed 2056 of the roof area: COMPLIES. (b) the skylight shall be not less than 3.0m from: fi) an allowment boundary: COMPUES. i) any part of the building which projects abowe the roof: SHALL COMPLY - buifder to ensure compliance during sité set out. G0) any rooftight in an adjoining sole occupancy unit: SHALL COMPLY - builder to ensure compliance during site set out. {re} any rooilight in an adjoining fire separated section of the building: SHALL COMPLY ~ builder io ensure cornpiiance during site set out. ( where a ceiling required to have a resistance to the incipient spread of fire, installation of the skylight shall maintain the level of protection provided by the ceiling ta the roof space: SHALL COMPLY — budder te confirm current level af protection & ensure that skylight shatt installation matches & maintains that fevel. Should you require any additional information please do net hesistate to contact me. Thank you, Yours sincerely John Cockings, Director * SA ARCHITECTS PIVUD ACM 139.45To7e NOWLATED ARCHITECT: HN COCKINGS NOV/ARREGHS MA Ak SIGIR L2 F335 HOW SOUTH HEAD ROAD (A 9TA0X LAKE, DOUBLE BAY POST: AO BK 156 DOUELE BAY HW 1960, ALTRALIA $4 040625877 TOD GR2767OE F 029117 206 E ehoDicm aches cnay W ice-anhitedts.con.au 72 beeIpE . __¢ feth «2 a a a 3 eane Foot fh ' Page 20 of 77