Revision 1, 19th December 1996
ARTICLES OF STRATA CORP 14007 INC.
1) Definitions:
In these articles, unless the contrary intention appears
(a) “the Act” means the Strata titles Act, 1988 as amended from time to time and includes the regulations made under any provision thereof;
(b) words and expressions have the same respective meanings as they have in the Act provided always that those words and expressions shall be construed according to the maritime nature of the land comprised in the strata plan;
(c) “North Haven Harbour” means the land which is marked with the letter “K” and the letter “L” respectively in Filed Plan 20104 and which is from time to time covered by sea water;
(d) “Marina Management” means S.A. Marinas Pty. Ltd. or the company or person from time to time charged with the management of North Haven Harbour;
(e) “Unit” means an area shown on a strata plan as a unit;
2) Good Repair:
A unit holder must:
(a) maintain the unit in good repair;
(b) carry out any work ordered by a council or other public authority in respect of the unit.
3) Use of Unit:
A person bound by these articles:
(a) must not use the unit, or permit the unit to be used, for any unlawful purpose;
(b) must allow the Urban Projects Authority, it’s servants and agents access to the
unit for the purpose of carrying out maintenance and the dredging of North
Haven Harbour;
(c) must comply with all council by-laws including those relating to the disposal of garbage;
(d) must, upon all rates, taxes, charges, outgoings and assessments in respect of his unit becoming payable, forthwith pay the same;
(e) must, subject to the Act and these articles notify the strata corporation of any repairs and maintenance required to any common property in the vicinity of his unit;
(f) must, if requested by the strata corporation, entrust to the strata corporation any repairs and maintenance and shall pay the strata corporation’s reasonable costs in connection therewith;
(g) must ensure that any children under the age of 14 years on the unit or common property shall be accompanied by adults at all times;
(h) must not swim, dive or fish within the unit or the common property except for a valid purpose relating to a vessel;
(i) must obtain the express approval in writing from the strata management committee, for attaching fendering onto the unit otherwise no change, additions or alterations of any kind will be made to the unit;
(j) must not effect major repairs, external painting works and fitting and refitting of any vessel within the unit. For the purposes of this Clause, these actions shall be deemed to include but not be limited to the following:
(i) sanding or burning of hulls, top sides, cabins etc (except for light sanding);
(ii) Painting or spraying of hulls, top sides, cabins etc (except for Spot painting);
(iii) mast scraping or painting;
(iv) engine overhauls;
(v) welding or burning.
(k) must not use or store on the unit or on any vessel berthed within the unit or on the common property any explosive or other dangerous substance other than those substances regarded as normal everyday substances for use in the vessel;
(l) must not allow any portion of the vessel berthed in the unit to extend beyond the fore and aft boundaries of the unit;
4) Use of Unit Subject to Consent:
A person bound by these articles must not, without the written consent of the strata corporation (which consent may be granted subject to conditions):
(a) use the unit other than as a marina berth for the mooring of a recreational vessel (as opposed to a professional fishing or other working vessel);
(b) display any sign or advertisement so as to be visible from outside the unit or on any part of the common property;
(c) allow any portion of any vessel berthed in the unit to extend beyond the width (beam) boundaries of the unit;
(d) reside on the vessel while the same occupies the unit, that is, spend a substantially continuously period of 72 hours or more on the vessel whilst the same occupies the unit. It is acknowledged that the strata corporation shall be entitled to withhold its consent at its absolute discretion if consent pursuant to this sub-paragraph has been given in respect of 20% of the total number of units in the strata scheme. Should consent be given, the unit owner must observe all authorities and regulations with regard to living on board in taking precautions against polluting the strata common property water and the North Haven Harbour with effluent, grey water and bilge water, even to the extent of implementing the addition of holding tanks and the like;
5) Animals:
Subject to the Act, a person bound by these articles must not, bring or allow animals onto the common property or into the unit, (other than guide dogs for the legally blind or deaf).
6) Interference with Others:
A person bound by these articles:
(a) must not obstruct the lawful use of the common property by any person;
(b) must not use the common property in a manner that unreasonably interferes with the use and enjoyment of the common property by the other members of the strata community, their customers, clients or visitors;
(c) must not make, or allow his customers, clients or visitors to make undue noise in or about any unit or the common property;
(d) must not interfere, or allow his or her customers, clients or visitors to interfere, with other in the enjoyment of their rights in relation to units or common property;
(e) must not carry any petroleum spirit or distillate fuel on to the common property other than by the use of certified outboard petrol tanks or the army type steel jerry can, nor refuel whilst within the strata confines.
(f) must not berth a vessel in a unit belonging to others (unless permission is granted) or on a part of the common property on which berthing is not authorised by the strata corporation;
(g) must take reasonable steps to ensure that his or her customers, clients or visitors do not berth a vessel in units belonging to others;
(h) must not bring objects or materials onto the strata of a kind that are likely to cause justified offence to the other members of the strata community;
and
(i) must not allow refuse to accumulate;
7) Change in Ownership:
A unit holder must immediately notify the strata corporation of:
(a) any change in ownership of the unit, or any change in address of an owner;
(b) any change in occupancy of the unit.
8) Right to Enter Unit:
The strata corporation, its agents, servants and officers shall be permitted by each unit holder or occupier and shall have the right at all reasonable times and on giving the unit holder or occupied reasonable notice (except in cases of emergency when no such notice shall be required), to enter upon the unit for the purpose or in the course of carrying out the functions or duties of the strata corporation or exercising its powers which, without limiting the generality of the foregoing, shall be deemed to include power
(a) to inspect the unit;
(b) to carry out maintenance repairs or work;
and
(c) to enter upon and inspect any part of the unit and any vessel berthed within the unit, for the purpose of ensuring that the Act and these articles are being observed.
9) Operation of Vessels:
A person bound by these articles:
(a) will observe a maximum speed limit of 4 knots or “no wake speed” whichever
is the lesser in relation to all vessels operating on/in the common property and
in the navigation channel adjacent thereto;
(b) must observe the standard procedures including always keeping to the right,
power giving way to sail and both power and sail giving way to towing vessels
and vessels being towed;
(c) must ensure all vessels berthed in a unit be registered, identified, marked,
equipped and maintained as required by law and safe practice with particular
attention to fire fighting equipment;
(d) must use mooring lines of a high standard and condition capable of holding the relevant vessel in all weather conditions; they must consist of polyethelene “silver rope” and have minimum sizes as set out below:
(i) for vessels less than 8 metres in length such rope must have a minimum diameter of 12 millimetres;
(ii) for vessels 8 to 10 metres in length such rope must have a minimum diameter of 14 millimetres;
(iii) for vessels 10 to 12 metres in length such rope must have a minimum diameter of 16 millimetres;
and
(iv) for vessels in excess of 12 metres in length such rope must have a minimum diameter of 20 millimetres;
AND should the vessel be seen to be moored by mooring lines of a lesser standard or condition and/or different type from that described above, the unit holder or occupier acknowledges that the strata corporation or its nominee has the right to make the necessary alterations or replacements to the mooring lines and charge the unit holder for costs incurred;
(e) must ensure that:
(i) any vessel kept in the unit is kept in good order and condition to the satisfaction of the strata corporation and will not allow the same to be or become in an unsightly dilapidated or dangerous condition and failure to comply with a reasonable request of the strata corporation in this regard will entitle the strata corporation to require the removal of the vessel;
(ii) toilet refuse, grey and bilge waters, oil, chemicals, spirits, inflammable liquids are not discharged from the vessel into the waters of the unit or common property or North Haven Harbour, and should a unit holder or the occupier of the unit be responsible for polluting the waters, then all costs incurred for the clean up operation may be recouped from that unit holder by the strata corporation;
(iii) no garbage or other refuse is deposited into the waters of the unit or the common property and that the same is placed in garbage receptacles on the land;
(iv) no laundry is hung out to dry or air in public view on or about any part of the vessel berthed in the unit;
(v) adjacent common property is kept clear and clean at all times; in particular no dinghies, bicycles and other gear shall be stored on the common property and no dinghies to be moored within the unit. No bicycles shall be ridden and no motorised vehicles of any kind (other than wheelchairs and like vehicles used by handicapped persons) shall be allowed on the common property;
(f) must tie off running rigging to prevent slatting; masts that tend to “howl” will have a halyard hoisted within the sail track should this be the reason for the howling, otherwise other steps must be taken to prevent the howling caused by other means. In the event that the unit holder or occupier has not complied with this article that person acknowledges that the strata corporation has the right for itself or its nominee to make the necessary additions/alterations to stop/reduce the noise pollution and the strata corporation shall be entitled to recover such expense from the unit owner;
(g) must enter, leave or manoeuvre in the North Haven Harbour under motorised power not sail;
(h) must maintain any on board fender to a sufficiently high standard to the satisfaction of the strata corporation; tyres are not permitted as fenders;
(i) must make prior arrangements with strata management in relation to permitting persons such as workmen on to the common property and into the units and make sure that such workmen have appropriate current public liability insurance cover;
(j) must install an isolating transformer of the appropriate capacity between the vessel and the on-shore power supply. The assumption is made that living on board requires permanent connection to shore power whilst moored within the unit, and that other vessels requiring this power to enable their appliances to operate for a period over and above 72 hours are deemed to be permanently connected to such power;
(k) must when a vessel within their unit is permanently connected to such power supply, (9 (j)) pay to the strata corporation the sum of $150.00 per quarter giving the strata corporation the right to review this cost annually;
(l) must provide the correct male fitting on to any extension cord used on the strata for attachment to the power outlet situated in the locker box and any damage to the locker box will be repaired by the strata and the unit owner will be invoiced accordingly;
(m) must not re-fuel any vessel within the unit;
(n) must not light or allow to be lit any open fire or barbecue on/in the unit, or on common property.
10) Breach:
Where a person bound by these articles has acted in breach thereof and the strata corporation has incurred expense in remedying such breach the strata corporation shall be entitled to recover such expense from such person.
11) Corporation to Keep Common Property in Repair:
The strata corporation must keep in a state of good and serviceable repair and always properly maintain all chattels, fixtures and fittings (including walkways, stairways, gang planks and hand rails (if any)) held by the strata corporation or used or intended, adapted or designed for use in connection with the common property or the enjoyment thereof by the unit holders or occupiers or by their families or visitors and for this purpose may enter into an appropriate contract with a third party for such party to provide such services for the benefit of unit holders on behalf of the strata corporation.
12) Provision of Facilities:
The strata corporation shall be entitled to :
(a) make provision for car parking facilities to be made available for the benefit of unit holders by whatsoever means including the purchase of shares in a company owning or having access to car parking facilities in the vicinity of North Haven Harbour and including the assumption of responsibility for the expense of upkeep of such facilities;
(b) make provision for permanent access over any navigational channels in North Haven Harbour for the benefit of unit holders by whatsoever means including the purchase of shares in a company owning or having access to such navigational channels and lighting within North Haven Harbour and including the assumption of responsibility for the expense of upkeep of such facilities;
(c) make provision for an ammenities block to be made available for the benefit of the unit holders by whatsoever means including the purchase of shares in a company owning or having access to amenities in the vicinity of North Haven Harbour and including the assumption of responsibility for the expense of upkeep of such amenities.
(d) place on the common property additional locker boxes in the areas provided at the discretion of the strata management committee;
(e) for storage purposes only give to the unit holder exclusive use of that unit holder’s allocated locker box situated on the gusset at the head of his unit.
13) Acceptance by the Unit Owner:
The unit owner acknowledges the E.T.S.A. power associated with the Strata Corp. is supplied from one meter, that is to say the units are not individually metered, therefore the unit owner will pay his/her unit entitlement proportion of the E.T.S.A. invoice as received by the strata corporation.
14) Right to amend Strata Plan:
(a) Pursuant to a unanimous resolution of the Strata Corporation “S.A.Marinas Pty Ltd” or its successors and assigns (Hereinafter called S.A.Marinas) shall have the right to make any variations to its Units marked 200 and 201 in the Strata Plan as S.A.Marinas in its absolute discretion may determine including but without limiting the generality of the foregoing the right to make variations to the number, numberings, size and/or configuration of those units’ PROVIDED THAT:
(i) such variations shall not fundamentally alter the location or size of the common property in the Strata Plan and;
(ii) S.A.Marinas shall pay all reasonable costs associated with the amendment of the Strata Plan pursuant to such variations including the cost of any contributions to the Development Assessment Commission due to an increase in the unit numbers in the Strata Plan, the preparatory legal costs of and incidental to the amendment by the Strata Corporation of the Strata Plan, costs associated with the upgrading of the Common Property (as S.A.Marinas in its absolute discretion may determine) including provision of any services and without limiting the generality, the general repair and replacement of gussets, rollers, fendering etc. as S.A.Marinas in its opinion may deem necessary for future sale of Unit 200 and 201 or any variation thereto.
(b) The Strata Corporation has approved the amendment of the Strata Plan and agrees, upon written request by S.A.Marinas to make Application to the Registrar-General for such amendments and the Strata Corporation agrees to do anything else reasonably required for the purpose of achieving such amendment or amendments to the Strata Plan within 10 (ten) years.
15) Insurance:
(a) Each unit holder shall procure insurance for the entire period of that unit holder’s ownership to cover:-
(i) the vessel occupying the unit (the “vessel”) for replacement cost,
(ii) the unit,
(iii) third party property damage arising from use of the vessel and
(iv) public risk (to $2 million) to cover any property damage or personal injury arising from use of the vessel.
AND
the unit holder shall provide proof of such insurance upon request by the strata corporation.