SP 53701 - Consolidated By-Laws

STRATA PLAN 53701
BY-LAWS
Strata Plan 53701 – Registered by-laws - Page 1 of 41

STRATA PLAN 53701
TABLE OF CONTENTS
By-law 1 - Noise ................................................................................................................ 3

By-law 2 - Repealed........................................................................................................... 3
By-law 3 - Obstruction of common property .......................................................................... 3
By-law 4 - Damage to lawns and plants on common property ................................................. 3
By-law 5 - Damage to common property .............................................................................. 3
By-law 6 - Behaviour of owners and occupiers ...................................................................... 3
By-law 7 - Children playing on common property in building ................................................... 4
By-law 8 - Behaviour of invitees .......................................................................................... 4
By-law 9 - Depositing rubbish and other material on common property .................................... 4
By-law 10 - Drying of laundry items ..................................................................................... 4
By-law 11 - Cleaning windows and doors .............................................................................. 4
By-law 12 - Storage of inflammable liquids and other substances and materials ........................ 4
By-law 13 - Moving furniture and other objects on or through common property ....................... 4
By-law 14 - Floor coverings ................................................................................................ 4
By-law 15 - Garbage disposal .............................................................................................. 5
By-law 16 - Keeping of animals ........................................................................................... 5
By-law 17 - Appearance of lot ............................................................................................. 5
By-law 18 - Notice board .................................................................................................... 5
By-law 19 - Change in use of lot to be notified ...................................................................... 6
By-law 20 – Works lot 47 ................................................................................................... 6
Special by-law no. 1 – Installation of air conditioning ............................................................. 7
Special by-law no. 2 – Alterations & additions at lot 1 ............................................................ 9
Special by-law no. 3 – Service of documents on owner of lot by owners corporation ................ 24
Special by-law no. 4 – Restrictions on smoking ................................................................... 24
Special by-law no. 5 – Works lot 1 ..................................................................................... 25
Special by-law no. 6 – Common property memorandum ....................................................... 28
Special by-law no. 7 – Prohibiting open fires and smoke houses ............................................ 32
Special by-law no. 8 – Wheel clamping and towing .............................................................. 33
Special by-law no. 9 – Minor renovations ............................................................................ 34
Special by-law no. 10 – Major works (all lots) ..................................................................... 37

By-law 1 - Noise
An owner or occupier of a lot must not create any noise on the parcel likely to interfere with the
peaceful enjoyment of the owner or occupier of another lot or of any person lawfully using
common property.
By-law 2 - Repealed
By-law 3 - Obstruction of common property
An owner or occupier of a lot must not obstruct lawful use of common property by any person.
By-law 4 - Damage to lawns and plants on common property
An owner or occupier of a lot must not:
(a) damage any lawn, garden, tree, shrub, plant or flower being part of or situated on common
property, or
(b) use for his or her own purposes as a garden any portion of the common property.
By-law 5 - Damage to common property
(1) An owner or occupier of a lot must not mark, paint, drive nails or screws or the like into, or
otherwise damage or deface, any structure that forms part of the common property without the
approval in writing of the owners corporation.
Note: This by-law is subject to sections 109 and 110 of the Strata Schemes Management Act
2015 .
(2) An approval given by the owners corporation under clause (1) cannot authorise any additions
to the common property.
(3) This by-law does not prevent an owner or person authorised by an owner from installing:
(a) any locking or other safety device for protection of the owner’s lot against intruders, or
(b) any screen or other device to prevent entry of animals or insects on the lot, or
(c) any structure or device to prevent harm to children.
(4) Any such locking or safety device, screen, other device or structure must be installed in a
competent and proper manner and must have an appearance, after it has been installed, in
keeping with the appearance of the rest of the building.
(5) Despite section 106 of the Strata Schemes Management Act 2015 , the owner of a lot must
maintain and keep in a state of good and serviceable repair any installation or structure referred
to in clause (3) that forms part of the common property and that services the lot.
By-law 6 - Behaviour of owners and occupiers
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.

By-law 7 - Children playing on common property in building
An owner or occupier of a lot must not permit any child of whom the owner or occupier has
control to play on common property within the building or, unless accompanied by an adult
exercising effective control, to be or to remain on common property comprising a laundry, car
parking area or other area of possible danger or hazard to children.
By-law 8 - Behaviour of invitees
An owner or occupier of a lot must take all reasonable steps to ensure that invitees of the owner
or occupier 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.
By-law 9 - Depositing rubbish and other material on common property
An owner or occupier of a lot must not deposit or throw on the common property any rubbish,
dirt, dust or other material likely to interfere with the peaceful enjoyment of the owner or
occupier of another lot or of any person lawfully using the common property.
By-law 10 - Drying of laundry items
An owner or occupier of a lot must not, except with the consent in writing of the owners
corporation, hang any washing, towel, bedding, clothing or other article on any part of the parcel
in such a way as to be visible from outside the building other than on any lines provided by the
owners corporation for the purpose and there only for a reasonable period.
By-law 11 - Cleaning windows and doors
An owner or occupier of a lot must keep clean all glass in windows and all doors on the boundary
of the lot, including so much as is common property.
By-law 12 - Storage of inflammable liquids and other substances and materials
(1) An owner or occupier of a lot must not, except with the approval in writing of the owners
corporation, use or store on the lot or on the common property any inflammable chemical, liquid
or gas or other inflammable material.
(2) This by-law does not apply to chemicals, liquids, gases or other material used or intended to
be used for domestic purposes, or any chemical, liquid, gas or other material in a fuel tank of a
motor vehicle or internal combustion engine.
By-law 13 - Moving furniture and other objects on or through common property
An owner or occupier of a lot must not transport any furniture or large object through or on
common property within the building unless sufficient notice has first been given to the strata
committee so as to enable the strata committee to arrange for its nominee to be present at the
time when the owner or occupier does so.
By-law 14 - Floor coverings
(1) An owner of a lot must ensure that all floor space within the lot is covered or otherwise
treated to an extent sufficient to prevent the transmission from the floor space of noise likely to
disturb the peaceful enjoyment of the owner or occupier of another lot.
(2) This by-law does not apply to floor space comprising a kitchen, laundry, lavatory or
bathroom.

By-law 15 - Garbage disposal
An owner or occupier of a lot:
(a) must maintain within the lot, or on such part of the common property as may be authorised
by the owners corporation, in clean and dry condition and adequately covered a receptacle for
garbage, and
(b) must ensure that before refuse is placed in the receptacle it is securely wrapped or, in the
case of tins or other containers, completely drained, and
(c) for the purpose of having the garbage collected, must place the receptacle within an area
designated for that purpose by the owners corporation and at a time not more than 12 hours
before the time at which garbage is normally collected, and
(d) when the garbage has been collected, must promptly return the receptacle to the lot or other
area referred to in paragraph (a), and
(e) must not place any thing in the receptacle of the owner or occupier of any other lot except
with the permission of that owner or occupier, and
(f) must promptly remove any thing which the owner, occupier or garbage collector may have
spilled from the receptacle and must take such action as may be necessary to clean the area
within which that thing was spilled.
By-law 16 - Keeping of animals
(1) Subject to section 49(4) of the Act, an owner or occupier of a lot must not, without the prior
written approval of the owners corporation, keep any animal (except a cat, a small dog or a small
caged bird, or fish kept in a secure aquarium on the lot) on the lot or the common property.
(2) The owners corporation must not unreasonably withhold its approval of the keeping of an
animal on a lot or the common property.
(3) If an owner or occupier of a lot keeps a cat, small dog or small caged bird on the lot then the
owner or occupier must:
(a) notify the owners corporation that the animal is being kept on the lot, and
(b) keep the animal within the lot, and
(c) carry the animal when it is on the common property, and
(d) take such action as may be necessary to clean all areas of the lot or the common
property that are soiled by the animal.
By-law 17 - Appearance of lot
(1) The owner or occupier of a lot must not, without the written consent 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 rest of the building.
(2) This by-law does not apply to the hanging of any washing, towel, bedding, clothing or other
article as referred to in by-law 10.
By-law 18 - Notice board
An owners corporation must cause a notice board to be affixed to some part of the common
property.

By-law 19 - Change in use of lot to be notified
An occupier of a lot must notify the owners corporation if the occupier changes 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 rather than residential purposes).
By-law 20 – Works lot 47
On the conditions set out in this by-law, the owner for the time being of Lot 47 ("the
owner") shall have a special privilege in respect of the common property to install and
thereafter to maintain upon the roof of the building two skylights, each of
approximately 500mm x 8OOmm in dimension, to serve Lot 47 ("the works").
Conditions:-
1. Before starting the works, the owner must obtain from the Owners Corporation its written
approval to the design, appearance, material and manner off the installation of the proposed
enclosure, and for this purpose the owner must present drawings and specifications of the
proposed works to the Owners Corporation. Without limiting this condition, those specifications
must identify the manner in which existing waterproofing fittings and fixtures are to be preserved
or modified and new waterproofing fittings and fixtures installed.
2. Before starting the works, the owner must provide the Owners Corporation with a copy of any
requisite approval of the Local Council, including all drawings, specifications, conditions and
notes.
3. In undertaking the works, the owner must be himself, his agents, servants and contractors:-
i. Engage contractors who are duly licensed;
ii. Use best-quality and appropriate materials, in a proper and skilful manner;
iii. Comply with the manufacturer's recommendations;
iv. Comply with all conditions and requirements of the Local Council;
v. Comply with the Building Code of Australia and all pertinent Australian Standards;
vi. Comply with the terms of any approval given by the Owners Corporation under this by-
law;
vii. Ensure that the works are undertaken in a way that minimises the disturbance of the
other residents in the building by vibration, noise, dust and dirt;
viii. Not allow the obstruction of reasonable use of the common areas of the strata scheme
in the course of the works, by building materials, tools, machines, debris or motor
vehicles; and
ix. Give to the residents of other lots in the building not less than 48 hours notice of any
demolition work or work involving the use of percussion tools.
4. Subject to any extension necessitated by reasons beyond his control (such as bad weather),
the owner must complete the works within two weeks of commencement.
5. The owner may not vary the works except in accordance with the written approval of the
Owners Corporation and the Local Council.
6. The owner indemnifies and shall keep the Owners Corporation indemnified from and against all
damage and expense which may be caused from time to time to the roof or any other part of the
common property by the works and the installation or presence of the skylights on the roof of the
building.
7. The owner must indemnify the Owners Corporation against any liability for damage to property
or injury or death of a person caused by or arising out of the works, including any addition to or
an increase in an insurance premium or excess payable by the Owners Corporation and
attributable to the works.
8. The owner must promptly repair any damage caused or contributed to by the works, including
damage to the property of the Owners Corporation and the property of the owner or occupier of
another lot in the strata scheme.
9. The owner must maintain the skylights and keep them in a state of good and serviceable repair
and must renew or replace them whenever necessary.
10. The rights and responsibilities created by the by-law shall apply to any replacement or
renewed fittings.
11. Subject to any amendment of the by-laws from time to time and to any resolution of the
Owners Corporation under Section 62(3) of the Strata Schemes Management Act 1996, the
Owners Corporation shall continue to be responsible for the proper maintenance and keeping in a
state of good and serviceable repair of the common property.
12. If the skylights must be removed for any purpose the removal and replacement must be
undertaken by the owner at his own expense and must be done in a proper and workmanlike
manner and so as not to cause any damage to the common property. If any damage is caused by
such removal or replacement the owner shall make good.
13. If the owner fails to carry out his obligations under this by-law within twenty-one (21) days of
his being requested in writing to do· so, the Owners Corporation will be entitled, at the expense
of the· owner to remove the skylights from the roof of the building AND upon and after such
removal the Owners Corporation shall not be liable for the safekeeping of the items so removed.
14. The owner shall pay all costs associates with the registration of this by-law.
Special by-law no. 1 – Installation of air conditioning
1. The Owners Corporation consents to Lot Owners installing air conditioning units to their Lots,
provided that the air conditioning units comply with the following:
In the case of all lots:-
the outdoor air conditioning units are to be installed on the balcony and to be out of view from
common areas, adjoining lots and public areas such as streets and parks
if the air conditioning unit is proposed to be installed on a common wall, it must be both located
in one of the approved locations and affixed by a method as detailed in the acoustic engineers
report obtained by the Owners Corporation (available prior to application from the managing
agent) in order to mitigate unreasonable noise, vibration, etc.
The sound pressure, noise, vibrations or other impacts are not to exceed those as defined by the
City of Sydney Council and the Protection of the Environment Operations (Noise Control)
Regulation 2008
2. Installation of air conditioning units must comply with the following:
2.1 the outdoor air conditioning unit must be mounted on suitable anti vibration mounts,
located within a condensate drain tray sloping toward the drain, located as close to the
balcony floor as possible;

2.2 the indoor air conditioning units are to be wall mounted with the condensate drain
discharging into the drain tray of the air conditioning unit;
2.3 installation of a condensate pump (Little Giant or equivalent) adjacent to the air
conditioning unit to pump the condensate waste from the drain tray to a waste pipe;
2.4 condensate drain pipes to be 25-mm UPVC or copper, concealed behind a UPVC duct
where exposed to view
2.5 all wall and floor penetrations to be made weatherproof and watertight;
2.6 all penetrations and damaged building surfaces must be repaired painted to match
existing;
2.7 the installation of an air conditioning unit does not entitle the Lot Owner(s) to install
any external drainage but only to use the existing water drainage systems, unless the Lot
Owner(s) has the express prior written consent of the Owners Corporation;
3. The objective is for the air conditioning units to be out of view from common areas and no
audible noise to be experienced from adjoining Lots or common areas and the design, size, shape
and colouring of the air conditioning units to be in keeping with the rest of the building and in
uniformity with the external appearance of the building.
4. That in respect of 1 prior to any consent being granted and any work commencing to install air
conditioning units the Lot Owner(s) of the subject Lot, in all instances, will:
Comply with all conditions of approval as required by the local Council from time to time.
Submit their plans and proposals for the installation to the Executive Committee for approval, and
which approval will not be unreasonably withheld, subject to the capacity of the electrical
switchboard from time to time.
5. Any cost of construction, installation, repair, maintenance and replacement of any air
conditioning unit, whether within the Lot or forming part of Common Property, will be paid for by
the Lot Owner(s) of the subject Lot.
6. The Owners Corporation requires that air conditioning units installed without the consent of the
Owners Corporation be removed at the expense of the individual Lot Owner(s) for the time being
and that the Lot Owner(s) repair any damage caused to the Common Property by the installation
or removal of the air conditioning, in a workmanlike manner, so as to restore the premises to its
condition before the installation of the air conditioning and in keeping with the rest of the building
and in uniformity with the external appearance of the building.
7. If a Lot Owner(s) fails to comply with 6 above within three (3) months of the date of passing of
this motion in the event that the air conditioning was installed before the passing of this motion
or within three (3) months of a written request by the Executive Committee to the Lot Owner(s)
in the event the air conditioning was installed after the passing of this motion, then the Owners
Corporation may:
carry out all work necessary to perform that obligation;
enter upon any part of the parcel to carry out that work; and
recover from the Lot Owner(s) any costs relating to carrying out that work.
8. The Owners Corporation reserves the right to direct a Lot Owner(s) to repair or replace an air
conditioning unit in the event the particular air conditioning unit is in need of repair or
replacement in the reasonable discretion of the Owners Corporation.
9. If a Lot Owner(s) fails to comply with 8 above within three (3) months of a written request by
the Executive Committee to the Lot Owner(s), then the Owners Corporation may:
carry out all work necessary to perform that obligation;
enter upon any part of the parcel to carry out that work; and
recover from the Lot Owner(s) any costs relating to carrying out that work.
10. The Lot Owner(s) shall indemnify and keep indemnified the Owners Corporation against the
following, arising directly or indirectly from the installation, maintenance, or replacement of an air
conditioning unit, from the use of the relevant areas of the common property or from the failure
to comply with this by law:
10.1 all actions, proceedings, claims and demands, costs, damages and expenses which
may be incurred by or brought or made against the Owners Corporation;
10.2 any sum payable by the Owners Corporation by way of increased premiums;
10.3 all actions, proceedings, claims and demands, costs, damages and expenses which
may be incurred by or brought or made against the Owners Corporation;
10.4 any costs or damages incurred by or for which the Owners Corporation is or becomes
liable
11.The provisions of this by-law will also apply to any Lot Owner(s) replacing or renewing existing
air conditioning units.
Special by-law no. 2 – Alterations & additions at lot 1
1. For the purposes of this by-law:
1.1 "Owner" means the registered proprietor of lot 1 ('the Lot") for the time being.
1.2 "Owners Corporations" means the Owners Corporation of Strata Plan 53701.
1.3 "Works" means the alterations and/or additions at lot 1, including alterations and/or
additions to the common property of Strata Plan No. 53701 as referred to and detailed in the
attached copies of:
• The Notice of Determination of a Development Application by South Sydney Council,

determination application no. U02-00576 and determination date 19 August 2002,
attached and marked "A";
• The drawing number 00576/02 endorsed by South Sydney Council, dated 19 August
2002 and Application No 002-00576 attached and marked "B",
Including the future maintenance and repair to such alterations and/or additions.
2. The Owner may undertake, at his/her own expense, the Works on the following conditions:
2.1 Before commencing the Works the Owner must give to the Owners Corporation the
following:
2.1.1 All final Council and other necessary statutory authority approvals, including Council
approved development applications, plans, and specifications upon which the Works are
based;
2.1.2 All final structural diagrams (if any) upon which the Works are based;
2.1.3 A certificate addressed to the Owners Corporation from a duly qualified engineer that
the Works proposed in the final plans will not detrimentally affect the structural integrity of
the building, or the engineer shall specify to the Owners Corporation and the Owner the

additional works to be undertaken to preserve the structural integrity of the building in
respect of the proposed Works.
2.1.4 A contract between the Owner and each licensed contractor engaged or to be
engaged in relation to the Works complying in applicable respects with the Home Building
Act 1989 and any other succeeding Act;
2.1.5 Documentary proof that the licensed contractors engaged to do the Works have
effected the following insurance policies in the joint names of the Owner and the Owners
Corporation so that the Owners Corporation is entitled to enforce rights under the
insurance policies in favour of the Owners Corporation, for the Works:
2.1.5.1 Contractors all works insurance;
2.1.5.2 Insurance required under the Home Building Act 1989;
2.1.5.3 Workers compensation insurance for employees of the contractor; and
2.1.5.4 Public liability insurance in the amount of $10,000,000.00
2.1.6 Any other document reasonably required by the Owners Corporation.
3. The Works are to be carried out in the following manner:
3.1 In a proper and workmanlike manner and by duly licensed contractors;
3.2 Only during times approved by the Owners Corporation;
3.3 With skill and due care using proper materials which are of a colour and in keeping
with the appearance of the building;
3.4 In accordance with the final plans and specifications approved by the Council and the
Owners Corporation. The Owner shall notify the Owners Corporation in writing of any
variation in the Works from the plans and specifications approved by the local council.
3.5 Complying with all directions, orders and requirements of Council and any other
relevant statutory authorities or bodies;
3.6 Complying with all requirements of the Owners Corporation;
3. 7 In accordance with the Building Code of Australia and all applicable Australian
Standards;
3.8 Undertaken in a way, which minimises the disturbance of the Owners Corporation by
vibration, noise, dust and dirt;
3.9 Undertaken in a way, so as to not unreasonably interfere with the enjoyment of the
Common Property or access to lots in the strata scheme by other persons;
3.10 Promptly remove all rubbish from the property resulting from the Works;
3.11 Keep all areas of the building outside the Lot clean and tidy; and
3.12 Promptly repair any damage caused or contributed to by the Works, whether to the
Lot, another lot or Common Property.
3.13 The Works shall be completed within six (6) months from the date of issue by the
local council of the development consent and the Owners Corporation providing its
approval for the Works
4. Upon completion of the Works (defined as being when the Owner's licensed contractor
issues a Certificate of Practical Completion to the Owner, a copy of which Certificate the Owner
must immediately give to the Owners Corporation) the Owner must provide the Owners
Corporation
with the following documents relating to the Works:
4.1 The certificate of a duly qualified engineer addressed to the Owners Corporation to the
effect that the Works have been performed in a manner and are adequate to preserve the
building against any structural unsoundness as a direct or indirect result of the Works and
that the Works comply with the Building Code of Australia; and
4.2 The certificate of the local council that the local council has inspected the Works and
has approved the Works and that the Works comply with the local council requirements;
and
4.3 Any other document reasonably required by the Owners Corporation.
5. Without prejudice to the other rights of the Owners Corporation, where the Owner fails or
neglects to comply with this By Law then the Owners Corporation or its agents, servants or
contractors may:
5.1 Carry out all work necessary in compliance with this By Law;
5.2 Enter upon any part of the parcel to carry out that work at any reasonable time on
notice given to the occupier; and
5.3 Recover from the Owner any costs relating to carrying out that work as a debt in a
court of competent jurisdiction.
6. The Owner shall indemnify the Owners Corporation and each of the owners from time to time
of the remaining lots in the strata scheme against all actions, proceedings, claims, demands,
costs, damages or expenses which may be incurred or brought against the Owners Corporation or
such owners and arising directly or indirectly as a result of the performance, maintenance or
replacement of the Works.

Special by-law no. 3 – Service of documents on owner of lot by owners
corporation
A document may be served on the owner of a lot by electronic means if the person has given the
owners corporation an e-mail address for the service of notices and the document is sent to that
address.
Special by-law no. 4 – Restrictions on smoking
1.1 Smoking is prohibited within common property at all times.
1.2 An owner or occupier of a lot must not smoke in any open areas such as on a balcony or
courtyard where second hand smoke is likely to waft onto the common property or another lot.
1.3 An owner or occupier of a lot must ensure they do not deposit or throw cigarette butts onto
the common property.
1.4 An owner or occupier of a lot must ensure any invitee to his lot comply with the restrictions of
this by-law at all times.
1.5 For the avoidance of doubt this by-law does not apply to the smoking of prohibited
substances, which is prohibited at all times by the Crimes Act 1900.
Compliance:
Notwithstanding anything contained in the by-laws in Schedule 1 of the Strata Scheme

Management Act, 1996 (which apply to this scheme) all owners, occupiers and invitees are
subject to the restrictions outlined in Part 1 of this by-law.
Part 2
Definitions and Interpretation
2.1 In this by-law, unless the context otherwise requires:
(a) “Act” means the Strata Scheme Management Act, 1996.
(b) “Lot” means any lot in Strata Plan No. 53701.
(c) “Owner” means the owner of the Lot.
(d) “Owners Corporation” means the Owners Corporation created by the registration of Strata
Plan No. 53701.
(e) “Second hand smoke” means the smoke emitted from burning tobacco or smoke that has
been inhaled and then exhales by a person who is smoking.
(f) “Smoke” or “Smoking” means burning and/or inhaling tobacco by way of cigarettes
(including roll-your owner tobacco), pipes, cigars and the like.
2.2 In this by-law, unless the context otherwise requires:
(a) the singular includes plural and visa versa;
(b) any gender includes the other genders;
(c) any terms in the by-law will have the same meaning as those defined in the Strata Scheme
Management Act, 1996; and
(d) references to legislation include reference to amending and replacing legislation.

Special by-law no. 5 – Works lot 1
1.1 The Owner of Lot 51 in Strata Plan 53701 (“Lot 51”) (“the Owner”) is, subject to the
conditions set out below, authorised and has the special privilege to carry out works and
renovations to Lot 51 and the common property in Strata Plan 53701 including:
(a) the removal of the internal wall between bedroom 2 and the lounge room;
(b) the removal of the wall between the south east balcony and bedroom 2; and
(c) the installation of a lightweight non-loadbearing wall in bedroom 1, as shown on the drawings
prepared by Majcon 20150160-S01 and 20150160-S02;
(d) the installation of glass windows into the voids in the balcony wall;
(e) the installation of a kitchen exhaust fan and grille to the eastern wall;
(f) the replacement of window insect screens;
(g) the repositioning of the hot water tank from the bathroom to the hallway cupboard space
(together with all ancillary water and gas pipework and electrical cabling) as shown on the plan
attached to the notice of the meeting, and marked “Annexure A & B”, (“the Works”).
Conditions:
1.1.1 Lot 51 must obtain any necessary approval or Complying Development Certificate to
carry out the Works.
1.1.2 If required by Sydney City Council (“Council”) or the Prescribed Certifying Authority
(“PCA”), The Owners – Strata Plan 53701 (“the OC”) must sign and affix its seal to any
application for a building certificate within 7 days of a written request by Lot 51 to do so
and the strata manager is authorised pursuant to section 238 of the Strata Schemes
Management Act 1996 to so affix the seal.
1.1.3 Lot 51 must provide a copy of any consent issued by Council or the PCA for the
Works to the OC.
1.1.4 Lot 51 must ensure the Works are carried out in compliance with any and all
conditions of consent imposed by Council or the PCA, the Building Code of Australia, the
Australian Standards (where relevant) and any and all other applicable legislation and the
by-laws of Strata Plan 53701.
1.1.5 Lot 51 must obtain (or ensure the licensed builder carrying out the Works obtains)
contractors all risk insurance covering damage to property including the building forming
Strata Plan 53701 and liability for third party claims for injury, death and damage to third
party property; and workers compensation insurance for the Works.
1.1.6 Lot 51 must ensure the Works are carried out by licensed builders and
subcontractors.
1.1.7 The Works must be in keeping with the appearance and amenity of the Building.
1.1.8 The Works must not affect the structural integrity of any part of the Building.
1.1.9 The Works must be carried out: with due care and skill; diligently; and with
materials that are good and fit for purpose.
1.1.10 Lot 51 must ensure that the Works are undertaken in a way that minimises the
disturbance of the other residents in the building by vibration, noise, dust and dirt.

1.1.11 Lot 51 must ensure that the Works are undertaken in a way that does not
unreasonably obstruct the normal use of the common areas in the strata scheme by
building materials, tools, machines, debris, motor vehicles and workers.
1.1.12 Lot 51 must ensure that residents of other lots in the building are given at least 48
hours of any work that that involves the use of percussion tools.
1.1.13 Lot 51 must repair any damage to any common property or other lot property at
the Building not forming part of the Works caused by the Works.
1.1.14 Lot 51 must provide a certificate from a structural engineer that the Works do not
affect the structural integrity of the building.
1.1.15 The ongoing maintenance of, and the keeping in a state of good and serviceable
repair of, the Works is the responsibility of the Owner.
1.1.16 After being given at least 24 hours ‘notice, during the course of construction of the
Works, Lot 51 shall permit the strata manager and/or any other person or persons
appointed by the OC or the strata manager, to enter the lot and inspect the Works.
1.1.17 If Lot 51 fails to comply with any obligation of this by-law without reasonable or
lawful excuse, the OC may enter upon the lot and take such steps as are reasonable and
necessary to rectify the non-compliance and may recover from Lot 51 any reasonable
costs incurred as a result of the taking of any such steps as a debt due by Lot 51 and
payable to the OC.
1.1.18 Lot 51 indemnifies the OC against any claims made against it, or expenses incurred
by it, arising out of or caused by the Works, or the use or maintenance of the Works.
1.1.19 In the event of there being any inconsistency between this by-law and any other
by-law for Strata Plan 53701, this by-law shall prevail to the extent of that inconsistency.
1.2 Pursuant to sections 51 and 52 of the Strata Schemes Management Act 1996 (NSW), Lot 51
has a right of exclusive use and enjoyment of the Works and the special privilege to keep the
Works in the common property.
1.3 The Works shall be and remain the property of Lot 51 and be Lot 51’s fixture and, pursuant to
sections 54(1)(b) and 65A(2) of the Strata Schemes Management Act 1996 (NSW), the ongoing
and proper maintenance of the Works and the keeping of the Works in a state of good and
serviceable repair is the responsibility of Lot 51.
1.4 The written consent of Lot 51 to the making of this by-law (a signed copy of which is annexed
to this by-law and marked Annexure ‘C’ has been provided to the OC and the original will be
kept with the minutes of the meeting at which this by-law is made.
2. Pursuant to section 48 of the Strata Schemes Management Act 1996 (NSW), the Owners –
Strata Plan 53701 shall lodge a notification of the addition of this by-law to the by-laws for Strata
Plan 53701, in the form approved under the Real Property Act 1900 (NSW), in the Registrar-
General’s office within 14 days of the passing of this resolution. This by-law shall be numbered
consecutively following the last numbered registered by-law.
3. Pursuant to section 48 of the Strata Schemes Management Act 1996 (NSW), the strata
manager is authorised to affix the seal of the Owners Corporation to the notification.

Special by-law no. 6 – Common property memorandum
Common property memorandum
Owners corporation responsibilities for maintenance, repair or replacement
1. Balcony and (a) columns and railings

courtyards
(b) doors, windows and walls (unless the plan was registered
before 1 July 1974 – refer to the registered strata plan)
(c) balcony ceilings (including painting)
(d) security doors, other than those installed by an owner after

registration of the strata plan
(e) original tiles and associated waterproofing, affixed at the

time of registration of the strata plan
(f) common wall fencing, shown as a thick line on the strata plan
(g) dividing fences on a boundary of the strata parcel that adjoin

neighbouring land
(h) awnings within common property outside the cubic space of

a balcony or courtyard
(i) walls of planter boxes shown by a thick line on the strata

plan
(j) that part of a tree which exists within common property

2. Ceiling/Roof (a) false ceilings installed at the time of registration of the strata
plan (other than painting, which shall be the lot owner’s
responsibility)
(b) plastered ceilings and vermiculite ceilings (other than

painting, which shall be the lot owner’s responsibility)
(c) guttering
(d) membranes
3. Electrical (a) air conditioning systems serving more than one lot
(b) automatic garage door opener, other than those installed by

an owner after the registration of the strata plan and not
including any related remote controller
(c) fuses and fuse board in meter room
(d) intercom handset and wiring serving more than one lot
(e) electrical wiring serving more than one lot
(f) light fittings serving more than one lot
(g) power point sockets serving more than one lot
(h) smoke detectors whether connected to the fire board in the

building or not (and other fire safety equipment subject to the
regulations made under Environmental Planning and Assessment
Act 1979)
(i) telephone, television, internet and cable wiring within
common property walls
(j) television aerial, satellite dish, or cable or internet wiring

serving more than one lot, regardless of whether it is contained
within any lot or on common property
(k) lifts and lift operating systems
4. Entrance door (a) original door lock or its subsequent replacement
(b) entrance door to a lot including all door furniture and

automatic closer
(c) security doors, other than those installed by an owner after

registration of the strata plan.
5. Floor (a) original floorboards or parquetry flooring affixed to common

property floors
(b) mezzanines and stairs within lots, if shown as a separate

level in the strata plan
(c) original floor tiles and associated waterproofing affixed to

common property floors at the time of registration of the strata
Plan
(d) sound proofing floor base (eg magnesite), but not including
any sound proofing installed by an owner after the registration
of the strata plan
6. General (a) common property walls
(b) the slab dividing two storeys of the same lot, or one storey
from an open space roof area eg. a townhouse or villa (unless
the plan was registered before 1 July 1974 – refer to the
registered strata plan)
(c) any door in a common property wall (including all original

door furniture)
(d) skirting boards, architraves and cornices on common

property walls (other than painting which shall be the lot
owner’s responsibility)
(e) original tiles and associated waterproofing affixed to the

common property walls at the time of registration of the strata
Plan
(f) ducting cover or structure covering a service that serves

more than one lot or the common property
(g) ducting for the purposes of carrying pipes servicing more

than one lot
(h) exhaust fans outside the lot
(i) hot water service located outside of the boundary of any lot
or where that service serves more than one lot
(j) letter boxes within common property

(k) swimming pool and associated equipment
(l) gym equipment
7. Parking / Garage (a) carports, other than those within the cubic space of a lot and
referred to in the strata plan, or which have been installed by an
owner after registration of the strata plan
(b) electric garage door opener (motor and device) including

automatic opening mechanism which serves more than one lot
(c) garage doors, hinge mechanism and lock, if shown by a thick

line on the strata plan or if outside the cubic space of the lot
(d) mesh between parking spaces, if shown by a thick line on

the strata plan
8. Plumbing (a) floor drain or sewer in common property
(b) pipes within common property wall, floor or ceiling
(c) main stopcock to unit
d) storm water and on-site detention systems below ground
9. Windows (a) windows in common property walls, including window

furniture, sash cord and window seal
(b) insect-screens, other than those installed by an owner after

the registration of the strata plan
(c) original lock or other lock if subsequently replacement by the

owners corporation
Lot owner responsibilities for maintenance, repair or replacement
1. Balcony and (a) awnings, decks, pergola, privacy screen, louvres, retaining
courtyards walls, planter walls, steps or other structures within the cubic
space of a balcony or courtyard and not shown as common
property on the strata plan
(b) that part of a tree within the cubic space of a lot
2. Ceiling / Roof (a) false ceilings inside the lot installed by an owner after the
registration of the strata plan
3. Electrical (a) air conditioning systems, whether inside or outside of a lot,

which serve only that lot
(b) fuses and fuse boards within the lot and serving only that lot
(c) in-sink food waste disposal systems and water filtration

Systems
(d) electrical wiring in non-common property walls within a lot

and serving only that lot
(e) light fittings, light switches and power point sockets within
the lot serving only that lot
(f) telephone, television, internet and cable wiring within non-
common property walls and serving only that lot
(g) telephone, television, internet and cable service and

connection sockets
(h) intercom handsets serving one lot and associated wiring

located within non-common walls
4. Entrance door (a) door locks additional to the original lock (or subsequent
replacement of the original lock)
(b) keys, security cards and access passes
5. Floor (a) floor tiles and any associated waterproofing affixed by an

owner after the registration of the strata plan
(b) lacquer and staining on surface of floorboards or parquetry

flooring
(c) internal carpeting and floor coverings, unfixed floating floors
(d) mezzanines and stairs within lots that are not shown or
referred to in the strata plan
6. General (a) internal (non-common property) walls
(b) paintwork inside the lot (including ceiling and entrance door)
(c) built-in wardrobes, cupboards, shelving
(d) dishwasher
(e) stove
(f) washing machine and clothes dryer
(g) hot water service exclusive to a single lot (whether inside or

outside of the cubic space of that lot)
(h) internal doors (including door furniture)
(i) skirting boards and architraves on non-common property

walls
(j) tiles and associated waterproofing affixed to non-common

property walls
(k) letterbox within a lot
(l) pavers installed within the lot’s boundaries
(m) ducting cover or structure covering a service that serves a

single lot.
7. Parking / Garage (a) garage door remote controller
(b) garage doors, hinge mechanism and lock where the lot
boundary is shown as a thin line on the strata plan and the door
is inside the lot boundary

(c) light fittings inside the lot where the light is used exclusively
for the lot
(d) mesh between parking spaces where shown as a thin line,

dotted line or no line on the strata plan (this will be treated as a
dividing fence to which the Dividing Fences Act 1991 applies)
8. Plumbing (a) pipes, downstream of any stopcock, only serving that lot and
not within any common property wall
(b) pipes and ‘S’ bend beneath sink, laundry tub or hand basin
(c) sink, laundry tub and hand basin
(d) toilet bowl and cistern
(e) bath
(f) shower screen
(g) bathroom cabinet and mirror
(h) taps and any associated hardware
9. Windows (a) window cleaning – interior and exterior surfaces (other than
those which cannot safely be accessed by the lot owner or
occupier)
(b) locks additional to the original (or any lock replaced by an

owner)
(c) window lock keys
Special by-law no. 7 – Prohibiting open fires and smoke houses
1. An owner or occupier of a lot must not use or allow to be used any:
(a) open fires in the courtyard of the lot; or
(b) smokehouse or any apparatus that is used for smoking meats in the lot or on the
common property.
2. The owner or occupier of a lot must ensure that any invitee of the owner or occupier does not
use or allow to be used any:
(a) open fires in the courtyard of the lot; or
(b) smokehouse or any apparatus that is used for smoking meats in the lot or on the
common property.
3. To avoid doubt, nothing in this by-law operates to prohibit an owner or occupier of a lot using
or allowing to be used any barbecue on any external area of the lot.

Special by-law no. 8 – Wheel clamping and towing
1. Introduction
The purpose of this by-law is to assist the owners corporation to better manage and administer
the strata scheme by prohibiting owners and occupiers from parking on common property and
enabling the owners corporation to immobilise or tow motor vehicles and recover the cost.
2. No Parking on common property
2.1. An owner or occupier must not park on common property, including in visitor spaces, without
the owners corporation’s prior written approval.
2.2. The owners corporation may install bollards on or in a visitor space to prevent non-visitors
from parking in those spaces.
2.3. An owner or occupier must not park on or in the parking space forming part of another
owner’s lot, without that owner’s prior written approval
3. Owners corporation’s power in the event of a breach of this by-law
3.1. If an owner or occupier breaches this by-law, the owners corporation may:
3.1.1. place a notice on the windscreen on the owner’s or occupier’s vehicle that they have
breached this by-law and must immediately remove their vehicle;
3.1.2. immobilise the relevant vehicle, including by wheel clamping or any other similar
device;
3.1.3. subject to clause 34 of the Regulation, tow or move the car from the common
property or other owner’s car space;
3.1.4. if a notice is issued in accordance with clause 3.1.1, recover from the relevant
owner or occupier the reasonable cost of sending the notice, and the expenses of
recovering those costs;
3.1.5. if a vehicle is immobilised in accordance with clause 3.1.2, recover from the
relevant owner or occupier the cost of immobilising the relevant vehicle and removing the
immobilisation device, and the expenses of recovering those costs; and
3.1.6. if a vehicle is towed or moved in accordance with clause 3.1.3, recover from the
relevant owner or occupier the cost of moving the relevant vehicle, and the expenses of
recovering those costs.
3.2. By virtue of this by-law and section 135 of the Act, each owner and occupier consents to
their vehicle being immobilised, and this operates as a consent under section 651B of the Local
Government Act 1993.
3.3. The owners corporation may install signs warning of the existence of this by-law and the
possibility of the vehicles of owners and occupiers in breach of it being immobilised.
4. Recovery
4.1. A debt will be recoverable in the same manner as unpaid contributions.
4.2. A debt will, if not paid within a month of sending the invoice to the responsible person or
notifying the responsible person of the debt, bear interest at the same rate as unpaid
contributions under section 85 of the Act.

4.3. The owners corporation may recover all of its expenses of recovering a debt on an indemnity
basis.
5. Interpretation
In this by-law:
5.1. Act means the Strata Schemes Management Act 2015.
5.2. debt means any amount payable to the owners corporation under this by-law.
5.3. notice means a notice issued in accordance with clause 3.1.1 of this by-law.
5.4. occupier means an occupier of a lot in the strata scheme.
5.5. owner means an owner of a lot in the strata scheme.
5.6. Regulation means the Strata Schemes Management Regulation 2016.
5.7. Any term used in this by-law that is defined in the Act will have the same meaning in this by-
law as it does in the Act.
5.8. If there is any conflict between this by-law and any other by-law of the strata scheme, this
by-law will apply to the extent of that conflict.
5.9. Any provision that is invalid, unenforceable or illegal must be read down to the extent
necessary to avoid that effect. If that is not possible, that provision must be excluded from this
by-law but only to the extent necessary to avoid that effect. All other provisions of this by-law
continue to be valid and enforceable.
Special by-law no. 9 – Minor renovations
1. Introduction
a) Section 110 of the Act permits certain work (minor renovations) to be done with the
permission of the owners corporation given by ordinary resolution at a general meeting. The
purpose of this by-law is to deem additional work to be a minor renovation and give the strata
committee the power to determine applications.
2. Additional work that is a minor renovation
2.1 Section 110(3) of the Act and Regulation 28 prescribe certain work that is a minor
renovation, which is:
2.1.1 renovating a kitchen;
2.1.2 changing recessed light fittings;
2.1.3 installing or replacing wood or other hard floors, or removing carpet or other soft
floor coverings to expose underlying wooden or other hard floors;
2.1.4 installing or replacing wiring or cabling or power or access points;
2.1.5 work involving reconfiguring walls (except where there are structural changes);
2.1.6 installing a rainwater tank;
2.1.7 installing a clothesline;

2.1.8 installing a reverse cycle air conditioner, as long as it does not change the external
appearance of a lot;
2.1.9 installing double or triple glazed windows;
2.1.10 installing a heat pump; or
2.1.11 installing ceiling insulation.
2.2 Section 110(6)(a) of the Act allows an owners corporation to pass a by-law making additional
work a minor renovation for the purposes of section 110.
2.3 Section 110(7) provides that certain work cannot be a minor renovation (excluded work).
2.4 This by-law now provides that the following additional work is a minor renovation for the
purposes of section 110 of the Act:
2.4.1 to the extent possible, all work which is not excluded work; and
2.4.2 the following work to common property in connection with an owner’s lot, as long as
the work does not change the external appearance of a lot:
(a) work involving or affecting the plumbing or exhaust system of a building in a

strata scheme, and other plumbing in and around a lot;
(b) installing recessed light fittings;
(c) work that affects the strata scheme’s fire safety systems; and
(d) installing a new hot water service, including a gas continuous flow hot water
system.
3. Strata Committee to determine applications
3.1 Section 110(1) of the Act allows an owner to carry out a minor renovation with the approval
of the owners corporation given at a general meeting.
3.2 Section 110(6)(b) of the Act allows an owners corporation to pass a by-law by which the
owners corporation delegates its functions under section 110 to the strata committee.
3.3 The owners corporation by virtue of this by-law delegates its functions under section 110 of
the Act to the strata committee, including but not limited to:
3.3.1 passing resolutions to give approval to applications from owners to carry out minor
renovations; and
3.3.2 imposing reasonable conditions in accordance with section 110(2).
4. Conditions of minor renovations
4.1 Prior to commencing any minor renovations, each owner must:
4.1.1 give at least 14 days’ notice;
4.1.2 provide to the owners corporation the name and licence number of each contractor
used and evidence that they have appropriate insurance; and
4.1.3 if the work involves reconfiguring internal walls or core drilling, provide to the
owners corporation a written report from a structural engineer either:

(a) confirming that the work will not harm the structural integrity of the building, or
(b) recommending what structural work must be done as part of the minor
renovation to maintain the building’s structural integrity.
4.2 During any minor renovations, an owner must:
4.2.1 comply with the requirements of section 110(5) of the Act;
4.2.2 cause as little disruption as possible to other occupants of the strata scheme;
4.2.3 only work between the hours of 7am to 5pm Monday to Friday and only use noisy
equipment between 10am and 3pm Monday to Friday, and in both cases not work on
weekends or public holidays;
4.2.4 comply with any reasonable conditions forming part of an approval of minor
renovations pursuant to section 110(2) of the Act;
4.2.5 for an air conditioner, install appropriate equipment to deal with condensation and
water run-off;
4.2.6 comply with any reasonable directions of the owners corporation in relation to
removal of debris, vehicular access, transportation of materials and equipment and
protection of the building; and
4.2.7 comply with any recommendations of a structural report obtained under clause
4.1.3.
4.3 Each owner must properly maintain and keep in a state of good and serviceable repair their
lot’s minor renovations, including all common property forming part of or altered by the minor
renovations.
4.4 Each owner indemnifies the owners corporation in respect of any loss, damage, injury or cost,
to the extent it is caused by or arising out of their lot’s minor renovations.
4.5 Each owner must at his or her cost promptly make good any damage to the common property
or any other lot in the strata scheme caused by or arising out of their lot’s minor renovations.
4.6 The owners corporation has specially resolved in accordance with section 106(3) of the Act
that:
4.6.1 it is inappropriate to maintain, renew, replace or repair any minor renovations; and
4.6.2 its decision will not affect the safety of any building, structure or common property
in the strata scheme or detract from the appearance of any property in the strata scheme.
b) If an owner breaches this by-law and fails to rectify the breach within 30 days of service of a
notice of breach, then the owners corporation may:
5.1 rectify the breach;
5.2 access the owner’s lot at reasonable times and on reasonable notice in order to rectify
the breach; and
5.3 recover from the owner as a liquidated debt and on an indemnity basis the cost of
rectifying the breach and the expenses of recovering those costs.

6. Interpretation
In this by-law:
6.1 Act means the Strata Schemes Management Act 2015.
6.2 excluded work means the work described in section 110(7)(a)-(g) of the Act, which cannot
be a minor renovation for the purposes of section 110, which is:
(a) work that consists of cosmetic work for the purposes of section 109 of the Act,
(b) work involving structural changes,
(c) work that changes the external appearance of a lot, including the installation of an
external access ramp,
(d) work involving waterproofing,
(e) work for which consent or another approval is required under any other Act,
(f) work that is authorised by a by-law made under this Part or a common property rights
by-law,
(g) any other work prescribed by the regulations for the purposes of this subsection.
6.3 lot means a lot in the strata scheme;
6.4 owner means an owner of a lot in the strata scheme for the time being;
6.5 Any term used in this by-law that is defined in the Act will have the same meaning in this by-
law as it does in the Act;
6.6 Any provision that is invalid, unenforceable or illegal must be read down to the extent
continue to be valid and enforceable; and
6.7 If there is any conflict between this by-law and any other by-law of the strata scheme, this
Special by-law no. 10 – Major works (all lots)
1. Introduction
a) The purpose of this by-law is to set out the process for each owner to apply for approval of
Major Works.
2. Approval of Major Works
2.1 If an owner wishes to carry out Major Works, they must provide the details of that work to
the owners corporation in writing (Details), including:
2.1.1 a detailed scope of works;
2.1.2 any plans prepared describing those works; and
2.1.3 any reports prepared in respect of those Major Works.

2.2 Upon receipt of those Details, the owners corporation will, within a reasonable time and at the
owner’s cost, convene an Extraordinary General Meeting (EGM) to consider the proposal. Prior to
the commencement of that EGM, the owner must provide to the owners corporation their written
consent to an Individual By-Law.
2.3 If the owners corporation approves those Major Works by special resolution, the owner will
procure that an Individual By-Law is prepared and registered (with a consolidation) at that
owner’s cost.
3. Conditions of Major Works
3.1 Prior to commencing any Major Works, each owner must:
3.1.1 give at least 14 days’ notice;
3.1.2 provide to the owners corporation the name and licence number of each contractor
used and evidence that they have appropriate insurance; and
3.1.3 if the work involves reconfiguring internal walls or core drilling or any other
structural work, provide to the owners corporation a Report.
3.2 During any Major Works, an owner must:
3.2.1 ensure the Works are carried in a competent and proper manner, and by qualified
and licensed tradesmen;
3.2.2 if the Major Works involve bathroom renovations, waterproof the bathroom to the
relevant Australian Standard;
3.2.3 if the Major Works involve reconfiguring internal walls or core drilling or any other
structural work, comply with the recommendations in the Report;
3.2.4 comply with any reasonable conditions forming part of an approval of the Major
Works;
3.2.5 comply with any recommendations of a Report;
3.2.6 for an air conditioner, install appropriate equipment to deal with condensation and
water run-off; and
3.2.7 cause as little disruption as possible to other occupants of the strata scheme;
3.2.8 only work between the hours of 7am to 5pm Monday to Friday and only use noisy
equipment between 10am and 3pm Monday to Friday, and in both cases not work on
weekends or public holidays;
3.2.9 comply with any reasonable directions of the owners corporation in relation to
removal of debris, vehicular access, transportation of materials and equipment and
protection of the building.
3.3 Each owner must properly maintain and keep in a state of good and serviceable repair their
lot’s Major Works, all common property forming part of or altered by the Major Works.
3.4 Each owner must do all things necessary to ensure that:
3.4.1 all debris is removed from the strata scheme as soon as reasonably possible;

3.4.2 any rubbish, concretes, paints, chemicals, dangerous materials or other materials
reasonably deemed by the owners corporation as needing to be removed (Unwanted
Materials) are not disposed of on the strata scheme; and
3.4.3 any skip bin or other waste disposal mechanism is not left at the strata scheme
longer than reasonably necessary to remove all debris or Unwanted Materials.
3.5 If required by the owners corporation, each owner must provide:
3.5.1 a report from a duly qualified structural engineer addressed to the owners
corporation certifying that the Major Works have been completed in a manner that will not
detrimentally affect the structural integrity of the building or any part of it; and/or
3.5.2 a report from a duly qualified building consultant or expert addressed to the owners
corporation certifying that the Major Works have been completed in a manner that
complies with the Building Code of Australia and any applicable Australian Standards.
3.6 Each owner indemnifies the owners corporation in respect of any loss, damage, injury or cost,
to the extent it is caused by or arising out of their lot’s Major Works.
3.7 Each owner must at his or her cost:
3.7.1 promptly make good any damage to the common property or any other lot in the
strata scheme caused by or arising out of their lot’s Major Works; and
3.7.2 ensure that:
(a) their lot’s Major Works do not create noise likely to interfere unreasonably with
the peaceful enjoyment of the occupier of another lot;
(b) any holes or penetrations are at all times adequately sealed and waterproofed;
and
(c) their lot’s Major Works have sufficient fittings to ensure any condensation or
other water runoff does not enter any other lot or the common property;
3.7.3 if the Major Works involve bathroom renovations, within 28 days of completion of the Major
Works, provide to the owners corporation certification that the bathroom has been waterproofed
to the relevant Australian Standard.
d) If an owner breaches this by-law and fails to rectify the breach within 30 days of service of a
notice of breach, then the owners corporation may:
4.1 rectify the breach;
4.2 access the owner’s lot at reasonable times and on reasonable notice in order to rectify the
breach; and
4.3 recover from the owner as a liquidated debt and on an indemnity basis the cost of rectifying
the breach and the expenses of recovering those costs.
5. Interpretation
In this by-law:
5.1 Act means the Strata Schemes Management Act 2015.

5.2 Individual By-Law means a by-law predominantly in the form attached and marked “A”,
with the lot number and details of work satisfactorily completed, and annexing any relevant scope
of work, plans or report.
5.3 lot means a lot in the strata scheme;
5.4 owner means the owner of a lot for the time being;
5.5 Major Works means all works which require the approval of the owners corporation under
section 108 of the Act, including those set out in section 110(7)(b)-(e) of the Act, which are:
5.5.1 work involving structural changes;
5.5.2 work that changes the external appearance of a lot, including the installation of an
external access ramp;
5.5.3 work involving waterproofing;
5.5.4 work for which consent or another approval is required under any other Act, and
Where relevant Works means the Works that service an owner’s lot;
5.6 Report means a written report from a structural engineer either:
5.6.1 confirming that the work will not harm the structural integrity of the building, or
5.6.2 recommending what structural work must be done as part of the Major Works to
maintain the building’s structural integrity.
5.7 Any term used in this by-law that is defined in the Act will have the same meaning in this by-
law as it does in the Act;
5.8 Any provision that is invalid, unenforceable or illegal must be read down to the extent
continue to be valid and enforceable; and
5.9 If there is any conflict between this by-law and any other by-law of the strata scheme, this


SP 53701 - Consolidated By-Laws

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STRATA PLAN 53701

Strata Plan 53701 – Registered by-laws - Page 1 of 41

By-law 1 - Noise ................................................................................................................ 3

Strata Plan 53701 – Registered by-laws - Page 2 of 41

By-law 3 - Obstruction of common property

By-law 4 - Damage to lawns and plants on common property

An owner or occupier of a lot must not:

By-law 5 - Damage to common property

By-law 6 - Behaviour of owners and occupiers

Strata Plan 53701 – Registered by-laws - Page 3 of 41

By-law 8 - Behaviour of invitees

By-law 9 - Depositing rubbish and other material on common property

By-law 10 - Drying of laundry items

By-law 11 - Cleaning windows and doors

By-law 12 - Storage of inflammable liquids and other substances and materials

By-law 13 - Moving furniture and other objects on or through common property

By-law 14 - Floor coverings

Strata Plan 53701 – Registered by-laws - Page 4 of 41

An owner or occupier of a lot:

By-law 16 - Keeping of animals

(b) keep the animal within the lot, and

(c) carry the animal when it is on the common property, and

By-law 17 - Appearance of lot

By-law 18 - Notice board

Strata Plan 53701 – Registered by-laws - Page 5 of 41

By-law 20 – Works lot 47

i. Engage contractors who are duly licensed;

iii. Comply with the manufacturer's recommendations;

Special by-law no. 1 – Installation of air conditioning

In the case of all lots:-

2. Installation of air conditioning units must comply with the following:

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carry out all work necessary to perform that obligation;

Special by-law no. 2 – Alterations & additions at lot 1

1. For the purposes of this by-law:

• The Notice of Determination of a Development Application by South Sydney Council,

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2.1.5.1 Contractors all works insurance;

2.1.5.2 Insurance required under the Home Building Act 1989;

2.1.5.3 Workers compensation insurance for employees of the contractor; and

2.1.5.4 Public liability insurance in the amount of $10,000,000.00

2.1.6 Any other document reasonably required by the Owners Corporation.

3. The Works are to be carried out in the following manner:

3.1 In a proper and workmanlike manner and by duly licensed contractors;

3.2 Only during times approved by the Owners Corporation;

3.6 Complying with all requirements of the Owners Corporation;

4.3 Any other document reasonably required by the Owners Corporation.

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Special by-law no. 4 – Restrictions on smoking

1.1 Smoking is prohibited within common property at all times.

Notwithstanding anything contained in the by-laws in Schedule 1 of the Strata Scheme

Definitions and Interpretation

2.1 In this by-law, unless the context otherwise requires:

(a) “Act” means the Strata Scheme Management Act, 1996.

(b) “Lot” means any lot in Strata Plan No. 53701.

(c) “Owner” means the owner of the Lot.

2.2 In this by-law, unless the context otherwise requires:

(a) the singular includes plural and visa versa;

(b) any gender includes the other genders;

(d) references to legislation include reference to amending and replacing legislation.

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(f) the replacement of window insect screens;

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Common property memorandum