PIER 9
ENDEAVOUR COVE MARINA
RULES FOR BODY CORPORATE  NO 4.
PLAN OF SUBDIVISION PS337700R
NEW RULES AS AT 17/10/03
1  INTERPRETATION-
a) Act means Subdivision Act 1988 (Vic)
b) Building means all and any building, structures or improvements comprised in the Development.
c) Body Corporate means Body Corporate No 4. Plan of Subdivision.

d) Common Property means any Common Property described on the Plan of Subdivision.
e) Development means all the land and improvements comprised on the Plan of Subdivision and all its stages ( if any) and known as Endeavour Cove, Patterson Lakes Marina, Patterson Lakes.
f) Development Lot means a lot on any stage of the Plan of Subdivision.
g) Lot & or Lots means a Lot or Lots on the Plan of Subdivision.
h) Member means an owner of a Lot on the Plan of Pier 9 Subdivision.
i) Occupier means any person occupying or in possession of a Lot and can include a Member.
j) Pier 9 Plan of Subdivision means stages 13 and 14 of the Plan of Subdivision to which the Body Corporate relates.
k) Plan of Subdivision means  Plan of Subdivision PS337700R
l) Regulations  means the Subdivision ( Body Corporate) Regulations 2001
m)     Major Works means any works to Body Corporate areas costing more than $20,000.00. Examples of Major Works could be painting/rendering the building, repairs to the buildings bracing, walkways, pylons, major structure, re roofing.
n) Sinking Fund means the account where Body Corporate money is set aside and accrues for "Major Works"
0) Authorised vehicle means a vehicle that belongs to a member or lot occupier and whose registration number and ownership details have been notified to the Body Corporate in writing.
p)    Current management means any person, company or organisation that is paid to manage the Pier 9 Body Corporate at the time of the audit in the financial year for which the audit is being undertaken.
q)  Pier 9 Property means the entire area within the boundary of the Pier 9 development, including all Body Corporate and privately held lots.
2.1   ;A member must not, ( and must ensure that an Occupier does not) and an Occupier of a lot must not :
           USE OF COMMON PROPERTY
a) Use the common Property or the common facilities (or permit them or any of them to be used) in a manner  which is an unreasonable interference with or prevents use by other Members or Occupiers or their families invitees or visitors or;
b) Obstruct lawful use of the Common Property by any person in particular, the pathways and drives and any easement which provides access to each and every Lot; or
c) Damage or deface any entrances, passages, stairways, landings, pathways or any part of the Common Property  or use them for any  purpose  other than the purpose for which they are provided or properly available; or
d) Restrict or hinder the access or reasonable use of the Members or other bodies corporate, resident within the Development across the Common Property where easements in their favour are provided for that use ;or
e) Deposit, other than in proper receptacles in the area specified for such purpose by the Body Corporate, or throw or store on the Common Property any rubbish, dirt, dust or other material likely to interfere with the peaceful enjoyment of the Member or Occupier of  any lot or other person lawfully using the Common Property; or
f) Fail to comply with any reasonable request or direction of any person employed by the Body Corporate; or
g) Use or permit any lot, the Common property or common facilities to be used for any purpose which may be illegal or injurious to the reputation of the Building or which may cause a nuisance or hazard to any Member or Occupier of any Development Lot or their guests or visitors; or
h) Park or leave a vehicle on the Common Property so as to obstruct a driveway or entrance to a Development Lot or any other place other than in the designated parking area; or
i) Do or allow anything to be done which constitutes a nuisance, damage, grievance, disturbance or annoyance to any person owning or occupying any Lot or which may be illegal or injurious to the reputation of the Building or
j) use or allow the use of any Lot for any noxious, noisome, offensive, illegal or immoral purpose, act . trade, Business, occupation  or calling; or
k) Make or permit any undue noise in or about the Common Property or any Lot; or
l) Do or suffer to be done or allow to be done any act matter or thing whereby any policy of insurance on the buildings and other improvements may become void or voidable or which  may increase the  premium payable  in respect of such insurance; or
m) Enter into any plant room, machine housing, water disposal room, electricity switch room, machinery room or adjust or cause adjustments to the thermostat , water control, electricity, gas or heating and/or cooling controls in or on  the common property  without the consent in writing of the Body Corporate; or
n) Require the Body Corporate to contribute or reimburse or pay for any plant, equipment, service or facilities exclusively servicing a Members Lot notwithstanding that its location may be within the Common Property ; or
0) Use any water closet, convenience and other water apparatus including waste pipes and drains for any purpose other than those for which they were constructed and no sweeping or rubbish or other unsuitable substances shall be deposited therein and any cost or expenses resulting from damage or blockage to such appurtenances from misuse or negligence shall be borne by the Member whether the same is caused by their actions or those of the Members household or their guests or visitors; or
p) Use or allow the laneways/path leading to the car park to be used for any purpose other than for which they are designed; or
q) Hold private parties on the common property unless the Body Corporate consents thereto in writing and then only on the terms and conditions as specified in that consent.
(q).  Tamper with, adjust, prop open, turn off or render inoperable the
Vehicle entry or exit gates or the pedestrian gates to the common property.
2.2  APPEARANCE
a) Hang or permit to be hung any clothes or other articles on any balconies. Landing, stairway or any other part of the Common Property or on any part of the exterior of the Lot so as to be visible from outside the Lot.
b) Use the Lot or any part of it or Common Property for any public announcement or for the use of the  display  of any signage, placard or advertisement in relation to the sale or lease of a lot unless previously approved by the Body Corporate and affixed to the Property in the manner designated for such signage by the Body Corporate from time to time.
c) Allow or permit more than one sign affixed to the Property in any given time and any such sign referred to in paragraph (b) above will be affixed for a period no longer than 30 days unless otherwise agreed by the Body Corporate.  See also "Agents Display case"
d)Allow any balcony, terrace or garden area which forms part of any Lot to become unkempt, overgrown or unsightly and that when watering or cleaning to ensure hat minimal disturbance to other Members and Occupiers occurs
e)Install any curtains, blinds or other window furnishing on the interior of any windows in any Lot which are visible externally other than in accordance with the furnishings approved by Cavendish Properties Pty. Ltd ( or such architect as approved by the Body Corporate).
f) Construct or erect any shed, enclosure or structure of any nature or description on a balcony, terrace or garden area forming part of the Lot without  the prior written consent of  the Body Corporate.( The Body Corporate shall not in any case consent to the erection of any structure if such a structure detracts from the general appearance of the Development, or if it interferes with the views or use and enjoyment of another Development Lot)
g) Deposit household rubbish except in the bins provided.
h) Store or permit to be stored on the Common Property any materials or goods or place garbage on the Common Property except in the proper bin or receptacles and in a place set aside for the purpose by the Body Corporate See also " walkways"- rubbish
i) Cut, injure, damage or deface or obstruct any of the Common Property or any conveniences, appliances, facilities or equipment installed and not use them for any purpose  other than that for which they were provided.
A)Without the written permission if the Body Corporate ( on such terms and conditions as the Body Corporate in its absolute discretion thinks appropriate)
B);Make any alteration or additions ( painting and decorating included) to any exterior of  the Lot; or
j) Erect or affix any television or radio mast, antenna, satellite dish or similar device  or any canvas blind or other awning on the outside of any window, balcony, terrace; or
k) Make structural alterations or additions  to the interior of the Lot or any part of it which may diminish the support and shelter of any Development  Lot, and for this purpose the Body Corporate has the right to appoint an architect, structural engineer or building contractor at the expense of the Member and in these circumstances the consent of the Body Corporate shall not be unreasonably refused.
l) Fail to clear and must keep clear on each and every day any mail receiving box and/or newspaper receptacle of all mail, leaflets, circulars, pamphlets, newspapers, advertising or promotional literature or material or any objects whatsoever whether solicited or not and must arrange for such required clearance by other persons should a Member  or the Occupier of a Members Lot be absent for any reason for any period of more than one night notwithstanding that this requirement may be waived entirely or otherwise amended by the Body Corporate provided that such a waiver or amendment is obtained from the Body Corporate in writing not less than 7 days prior to the date or dates for which such waiver is required.
L) Park or allow to be parked any vehicle, trailer, caravan, float or similar that extends vertically any higher than a standard domestic vehicle and that obstructs another lot holders view of the marina from the lot holders apartment/balconie/s.
2.3   NOISE
a) Use or permit to be used any mechanical or musical instrument which is audible outside the Lot between the hours of 12.00 am and 8.ooam ( or such other hours as the Body Corporate approves from time to time);
b) Make any disturbing or irritating noise or install or use any appliance engine machine or instrument which causes or may be likely to cause noise or vibration in the Development;
c) Hold or permit to be held any social gathering in the Lot which is likely to cause any such noise as set out above.
2.4   USE
a) Use or permit to be used on the Lot any machine, equipment or instrument operated by electricity which causes interference with wireless or telephone reception in any other Lot unless such machine, equipment or instrument is effectively fitted with a device which prevents interference with wireless or telephone reception by the Occupiers of any other Lot;
b)Keep any animal in the Lot or leave unattended or exercise any animals on the Common Property any animal unless the committee of the Body Corporate consents to the keeping of that animal and that consent has not been revoked or withdrawn. For the purpose of this paragraph the Body Corporate may make any consent applying to the whole of the Development to any group or breed of animal for such period on such terms and conditions as it thinks fit;
c) Install any heating or cooling device or machine other than by mounting the plant and equipment  for it in an area approved by the Body Corporate in writing;
d) Bring to, do or keep anything in their Lot which shall increase the rate of insurance premium on the Development or the Common Property or which may conflict with the laws and/or regulations relating to fires or any insurance policy upon the Development or the Common property or the Regulations or ordinances of any public authority for the time being in force;
e) Violate the provisions of any Statutes or any Rules and Regulations made thereunder;
f) Carry out or permit to be carried out in the Lot any works permitted under Regulation 501 of the Subdivision ( Body Corporate) Regulations 1989 other than between the hours of 8.00am and 5.00 p.m. Monday to Saturday ( or such hours as the Body Corporate approves from time to time);
g) Use washing machines and tumble driers between 10.00pm and 5.00 am ( or such other hours as the Body Corporate approves from time to time); See also "Driers"
h) Us ether garbage chute ( if any) between the hours of 9.00 p.m. and 8.00am ( or such other hours as the Body Corporate approves from time to time);
i) Interfere with or inhibit from the operating any channel, ventilation vent, duct or closure within a Lot
j) Keep a pet on the members lot or on Common Property , with a shoulder height of 30cm or more.
k) Any resident who wishes to keep a pet on the property at Pier 9 must complete the Body Corporates ;Pet Request  form, await the Body Corporates decision and abide by the listed requirements on the form.
L)No pet that is not wholly owned by a lot resident at Pier 9 is permitted on common Property or within a member?s lot.
m)   Only vehicles whose registration has been notified to the Body Corporate will be permitted access into the residents parking area.  These vehicles must park only in the space/s notified to the Body Corporate by the member.
n)A member must or must ensure that the occupier of a members lot will not park in any other place inside the gates other than the parking lot/s that form part of the lot title for that members apartment.
o) Members empower and give the Body Corporate the right to have unauthorised vehicles towed from the lot owner?s parking lot at the expense of the Body Corporate. Any cost of retrieval or damage or loss incurred, above the initial towing cost,  in connection with this action is entirely at the vehicle owners cost . The vehicle owner indemnifies the Body Corporate against any such damage or losses incurred as a result of this action.
p)The member gives the Body Corporate all rights and powers to communicate and enforce the Body Corporates? Parking regulations on the members parking lots and on Body Corporate Property.

See also " wheel clamps"
q)If a resident makes private arrangements with another parking lot owner and authorised vehicles are not parked in the lots owned by the corresponding apartment, this arrangement,  including registration numbers and parking space numbers, must be notified to the Body Corporate in writing.  If the arrangement is not notified to the Body Corporate then these vehicles will be deemed to be illegally parked non-authorised vehicles and the rights and actions listed in rules 2.4 n-q apply.
3  A MEMBER MUST OR MUST ENSURE THAT THE OCCUPIER OF A MEMBERS LOT WILL:
a) Keep keys, which have been allocated to them . safe and report the loss of any key to the Body Corporate; and
b) At the Member's of Occupiers cost, replace any security key which is issued to them by the Body Corporate or its representative; and
c) Give prompt notice to the Body Corporate of any accident to or fault in the waterpipes, gas pipes. Electrical, heating or cooling installations or fixtures which comes to their notice and the Body Corporate will have authority by its agents or servants in the circumstances having regard to the urgency involved to examine or make such repairs as they may deem necessary for the safety and preservation of the Building as often as may be necessary; and
d) Insofar as it may be necessary to avoid annoyance to the Members or Occupiers of any of the other Lots, adjacent to or in the neighbourhood of the Lot, keep the floors in the Lot carpeted or sufficiently covered; and
e) Regularly clean the interior and exterior of all windows forming part of the Lot; and
f) Pay all rates, taxes, charges, outgoings and assessments levied by the Body Corporate and payable in respect of the Lot; and
g) Repair and maintain the interior of the Lot and keep the Lot in a state of good and tidy repair; and
h) Notify the Body Corporate immediately of any change of ownership or occupancy of the Lot; and
i) Notify any subsequent owner or occupier of the Lot of any licences or agreements in place; and
j) Only use light power or heat generated by electrical current or gas supplied through meters except in the case of emergency or failure of supply when the occupier may use other sources of energy except a naked flame; and
k) Notify the Body Corporate of any person who is not a member to whom a security key to the Common Property has been given; and
L) Comply with the terms and conditions of any rules of the attached agreement in place in relation to use of property between the Body Corporate and Cavendish Properties Pty Limited; and
m) Comply with the terms and conditions of any rules or regulations promulgated in relation to use of property between the Body Corporate and Cavendish Properties Pty Limited ; and
n) Comply with the terms and conditions of any licence in relation to use of storage lockers and/or car spaces; and
o) Maintain the car space comprised in the Lot or licensed to the Member (if any) in a clean and tidy condition; and
p) Be responsible for closing any gates or doors when entering and leaving the Common property; and
q) Allow  reasonable access to any part of a Lot for any tradesperson, contractor or serviceperson employed by the Body Corporate for the purpose of maintenance or repair of the Common Property or Lot or any other plant equipment, service facility or utility; and
r) Remove all rubbish other than household rubbish placed in the proper receptacles; and
s) Take all reasonable precautions to keep the Lot free from rodents, vermin, insects and other pests; and
t) Take all reasonable steps to ensure that their Guests and Visitors do not behave in a manner likely to interfere with the peaceful enjoyment of the Member or Occupier of another Lot or any other person lawfully using the Common Property.
u)       provide the Body Corporate with the name and full contact details for their lots property manager ( Agent) if the members lot is tenanted,  along with the full name and contact details of the lotoccupier and the registration number/s of any vehicles that the occupier will be parking in the parking lots allocated to that apartment lot.
Access for Essential Service Inspection
v)       Permit access to their Lot for the purpose of Essential Services Inspection of the apartments fire door. The Body Corporate must provide both the lot owner and resident with a minimum of 14 days notice in writing of the inspection, approximate time and date of the inspection, and allow the owner, resident or tenant to be present if requested.
w) Pay for the cost of repairs or maintenance required because of malicious damage to Body Corporate Property caused by the members lot occupier, trades person , vehicle, delivery or moving vehicle commissioned by the lot occupier.
x)        Pay for the cost of repairs or maintenance required because of accidental damage to Body Corporate Property caused by the members lot occupier, trades person, vehicle, delivery or moving vehicle commissioned by the lot occupier.
y)Park only roadworthy/ sea worthy vehicles inside the Pier 9 gates on lot owners spaces. Vehicles must be in good repair.
Z) Not allow any portion of the vehicle/trailer  to extend beyond the boundary of the lot owners parking lot.
Zi) Park only trailers in good repair and not containing refuse, garden waste, tools or household furniture. Vehicles, trailers and watercraft may not be covered with tarpaulins or dustsheets.
Zii) ParkMotorcycles in the lot owners parking space and not on any Body Corporate land. Motorcycles  are considered as vehicles .
Zi i) Store bicycles in lot owners storage lockers or inside the apartment owner?s apartment. Bicycles may not be stored at any time on Body Corporate land.
Ziii) Not park in the visitor's car park for longer than 2 consecutive nights in any fortnight.The Visitors car park is provided for casual visitors to Pier 9, residents and is subject to the same parking enforcement methods as the rest of Pier 9 and detailed in these rules.
Ziv) Residents who admit a trade mans vehicle, removal vehicle, and service persons vehicle or similar to Pier 9 must ensure that the vehicle displays a note with contact details of the admitting apartment owner on the dash board.
Zv);Enter Pier 9 in a vehicle via the exit gates unless directed to by the Body Corporate or emergency service personnel.
Zvi)Vehicles must travel at not more than 5kmh within Pier 9
Zvii)No person is to stand or swing on the stainless steel wires along the walkways
.4      GENERAL
a)A member shall not let any person into actual occupation ( whether by means of Lease or Licence or howsoever otherwise) of a Members Lot save on the following footing that such a person is bound by these Rules and/or other Rules which may be in force at any time from time to time with respect to that Lot.
b) Where the Body Corporate shares property or facilities in common including the Building with another Body Corporate or other Bodies Corporate then the Body Corporate agrees to enter into a contract which will set out the sharing of costs usage and the like in relation to the property or facilities shared in common. The determination of the percentage of the total cost to be incurred by each Body Corporate will be based upon industry standards and principles. Failing agreement upon any issue an arbitrator, nominated by the President of the Law Institute , will be appointed to settle disputes.
c)The Body Corporate may make rules with respect to smoking on the Common property and a Member or Occupier shall not smoke at any time in indoor or enclosed areas of the Body Corporate.
d) The Body Corporate may employ for and on behalf of the Body Corporate such agents and servants for and in connection with the exercise and performance of the powers, authorities , duties and functions of the Body Corporate and will enter into management agreements and incur the necessary costs for the proper management and running of the Development.
e) Members shall observe the terms of any notice displayed by the Body Corporate or any statutory  authority.
F) The Body Corporate will prepare a " ;House Rules" booklet for distribution to all Members and Occupiers and which will include all relevant rules as contained herein and any other rules and/or directions with are necessary for the proper management and/or running of the Development.
g) Where the Body Corporate expends money to make good damage caused by a breach of the Act, Regulations or these Rules by any Member or his or her tenants, guests, servants, employees, agents. Children, invitees or licensees, the Body Corporate shall be entitled to recover the amount so expended as a debt in any action in any Court of Competent Jurisdiction from the Member of the Lot being the member at the time when the breach occurred.
Intention to Charge interest on Overdue Fees:
h)       The Body Corporate will charge interest on money owed by a member to the Body Corporate after the due date for fees and charges. This rate of interest will be 2% per annum less than the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983
- Intention to retrieve collection costs
i)        The Body Corporate will pass on the costs of any expenses incurred in retrieving outstanding money owed to the Body Corporate after the due date for fees and charges to the member owing these fees.
the right of the Body Corporate tocommunicate to residents and apply penalties:
j)        A member whose  lot  is tenanted or otherwise inhabited or used by a person who is not the member, empowers and give the Body Corporate all rights to communicate the Body Corporate Rules directly to the resident / user of that members lot and the members property manager, and advise the resident and property manager of breaches of Body Corporate Rules and levee and apply whatever penalties, fines or otherwise that the Body Corporate sees fit to apply for non compliance of Body Corporate Rules. Where this occurs the Body Corporate must notify the owner and property manager, if applicable, of any communications or actions
k)       The Body Corporate must ensure that an annual audit of the Body Corporate's finances is undertaken by a qualified accountant who has no other business dealings with any of the companies who are associated with the current management of Pier 9 .
l)The Body Corporate of Pier 9 accepts no responsibility for any damage to vehicles or items within the vehicles parked in Pier 9 or on lot owners parking lots or any damage incurred as a result of parking control measures such as towing or wheel clamping
m).Vehicles  are parked on Pier 9 property, either Body Corporate or members private lots at the vehicle owners own risk.
n) By parking  on Pier 9 Property, either Body Corporate or members private lots, vehicle owners accept the Body Corporate  parking measures as detailed in these rules
p)The Body Corporate must ensure that not less than $10,000.00 is allocated for major works to the Body Corporate areas in years where no such major works are carried out. This money is to be accrued and allocated to the "Sinking Fund" ; and placed in an interest bearing account until required.
q)  Lot owners accept that Pier 9 is a marine water environment  designed for boat and water access and indemnify the Body Corporate against any losses or injury resulting from themselves or their visitors entering the water either by accident or intentionally.Lot owners accept  the responsibility of informing their visitors and guests of these rules.
s)Lot owners accept  the responsibility for supervising minors when in a Body Corporate area either by accident or intentionally.
t)The conduct of meetings of the Body Corporate shall be regulated in accordance with the Subdivision ( Body Corporate) Regulations 2001
END OF RULES UPDATED 17/9/03
TO SITE MAP
See also rubbish facilities
See also Parking facilities                         Wheel Clamps
See also "noise"
See also  "balconies " and walkways
Note as at 22/2/06 - Consumer Affairs Victoria is in the process of reviewing  the Body Corporate Subdivisuib Act that governs all Bodies Corporate. Any resulting legislative changes will affect all Bodies Corporate, their rules, responsibilities, power to enforce etc. To view the review document click here
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