THE FOLLOWING MOTIONS WERE CARRIED AT THE PIER 9 BODY CORPORATE ANNUAL GENERAL MEETING 17/9/03
THESE MOTIONS NOW BECOME RULES AND HAVE BEEN REGISTERED AS SUCH WITH THE LAND REGISTRAR.
OWNERS AND RESIDENTS ARE TO NOTE THAT THESE RULES ASRE IN EFFECT AND ENFORCABLE
Motions :  to add the following rules  to the BODY CORPORATE RULES - PIER 9
BODY CORPORATE STRATA PLAN NO 4-PS 337700R under the relevant sections as listed:
MOTION NO 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
2.1q.� Tamper with, adjust, prop open, turn off or render inoperable the
Vehicle entry or exit gates or the pedestrian gates to the common property.
MOTION NO 2
2.4�� USE
K Keep a pet on the members lot or on Common Property , with a shoulder height of 30cm or more.
MOTION NO 3
2.4�� USE
L) 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.
MOTION NO 4
2.4�� USE
M)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.
MOTION NO 5
2.4�� USE
n)������ 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.
MOTION NO 6
2.4�� USE
o)���� 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.
MOTION NO 7
2.4�� USE
p)������ 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.
MOTION NO 8
2.4�� USE
Q)������ 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.
MOTION NO 9
2.4�� USE
R)������ 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.
MOTION NO 10
Rule no 3:
3��� A MEMBER MUST OR MUST ENSURE THAT THE OCCUPIER OF A MEMBERS LOT WILL:
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 lot occupier and the registration number/s of any vehicles that the occupier will be parking in the parking lots allocated to that apartment lot.
MOTION NO 11
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.
MOTION NO 12
Rule no 3:
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.
MOTION NO 13
Rule no 3:
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.
MOTION NO 14
Rule no 3
y)Park only roadworthy/ sea worthy vehicles inside the Pier 9 gates on lot owners spaces. Vehicles must be in good repair.
MOTION NO 15
�Z) Not allow any portion of the vehicle/trailer� to extend beyond the boundary of the lot owners parking lot.
MOTION NO 16
Rule no 3
�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.
MOTION NO 17
Rule No 3
Zii)� ParkMotorcycles in the lot owners parking space and not on any Body Corporate land. Motorcycles� are considered as vehicles .
MOTION NO 18
Rule No 3
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.
MOTION NO 19
Rule No 3
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.
MOTION NO 20
Rule No 3
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.
MOTION NO 21
Rule No 3
Zv) Enter Pier 9 in a vehicle via the exit gates unless directed to by the Body Corporate or emergency service personnel.
MOTION NO 22
Rule No 3
Zvi)�Vehicles must travel at not more than 5kmh within Pier 9
MOTION NO 23
Zvii) No person is to stand or swing on the stainless steel wires along the walkways.
MOTION NO 24
Rule no 4 GENERAL:
Motion- 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
MOTION NO 25
Rule no 4 GENERAL:
Motion- 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.
MOTION NO 26
Rule no 4 GENERAL:
Motion - 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
MOTION NO 27
Rule no 4 GENERAL:
k)������ The Body Corporate must ensure that an annual audit of the Body Corporates? 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 .
MOTION NO 28
Rule no 4 GENERAL:
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.
MOTION NO 29
Rule no 4 GENERAL:
m) Vehicles� are parked on Pier 9 property, either Body Corporate or members private lots at the vehicle owners own risk.
MOTION NO 30
Rule no 4 GENERAL:
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
o) MOTION NO 31
Rule no 4 GENERAL:
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.
MOTION NO 33
Rule no 4 GENERAL:
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.
MOTION NO 34
Rule no 4 GENERAL:
r) Lot owners accept� the responsibility of informing their visitors and guests of these rules.
MOTION NO 35
Rule no 4 GENERAL:
s)� Lot owners accept� the responsibility for supervising minors when in a Body Corporate area.either by accident or intentionally.
MOTION NO 36
Motions  to add the following definitions to the "Interpretation Section ' of the�� BODY CORPORATE RULES - PIER 9BODY CORPORATE STRATA PLAN NO 4-PS
Interpretation
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.
MOTION NO 37
n) ?Sinking Fund? means the account where Body Corporate money is set aside and accrues for ?Major Works?
MOTION NO 38
o) ?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.
MOTION NO 39
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.
MOTION NO 40
q)������ ?Pier 9 Property? means the entire area within the boundary of the Pier 9 development, including all Body Corporate and privately held lots.
MOTION NO 41
Motion to DELETE all of section 5a. 5B, 5c, 5D, 5E. 5f, 5g from the registered BODY CORPORATE RULES - PIER 9BODY CORPORATE STRATA PLAN NO 4-PS
The Rights of Cavendish Properties- Access
Motion to delete all of Rule No 5: PIER 9 ENDEAVOUR COVE MARINA, RULES FOR BODY CORPORATE NO 4., PLAN OF SUBDIVISION PS337700R
CAVENDISH PROPERTIES PTY LTD
a)������� Notwithstanding anything to the contrary herein contained so long as Cavendish Properties Pty Ltd is a Member or Occupier and is the owner of a Lot and so long as any mortgagee or chargee of Cavendish Properties Pty Ltd has an interest in any Development Lot then all the preceding rules shall not in any way whatsoever apply to or be enforceable against Cavendish Properties Pty Ltd or its mortgagee or chargee where to do so would prevent, hinder, obstruct or in any way interfere with any works of any nature or description that Cavendish properties Pty Ltd its mortgagee or chargee may be engaged in or which it may need to carry out in order to complete construction of the Building and facilities comprised in the Development.
b)Cavendish Properties Pty Ltd its mortgagee or chargees shall and are by this rule, authorised by the Body Corporate to:
A)������ Erect such barriers, fences, hoardings, signs as it deems necessary to facilitate any works to be carried out to the Development; and
B)������� Take exclusive and sole possession of any parts of the Common Property as it may need to have sole possession of in order to carry out any works or activities in relation to the Development; and
C)������� Exclude all and any Members or Occupiers from any parts of the Common Property as may be necessary in order to carry out any works in relation to the Development; and
D)������� Erect for sale promotional advertising or other signs as Cavendish properties Pty Ltd may require on any part of the Common property; and
E)������� Grant rights to use or access through or over the Common property to third parties on such terms and conditions as Cavendish Properties Pty Ltd or its mortgagee or charges thinks fit; and
F)�Use whatever rights of way and/or points of egress and ingress to the Development as necessary to carry out any works and to block for whatever periods necessary any rights of way or points of egress and ingress to the Development in order to carry out any works.
g) ������� The Body Corporate will, within 7 days of being requested by Cavendish Properties Pty Ltd or its mortgagee or chargee, sign whatever consents authorities permits or other such documents as may be required to enable Cavendish Properties Pty Ltd or its mortgagee or chargee to complete the Development.
MOTION 42
To add this Rule to the Pier 9 Body Corporate Rules
Rule 2.2 : Appearance
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 or balconie/s.
OWNERS AND RESIDENTS ARE TO NOTE THAT THESE RULES ARE IN EFFECT AND ENFORCABLE
THESE NEW RULES ARE TO BE READ WITH THE PREVIOUSLY EXISTING RULES.
UPDATED 19/9/03
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BODY CORPORATE RULES
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