Policy decisions which we believe owners and residents should know about.
While the Rules of the BYFAS OC are substantially as mandated by the Owners Corporation Act, this Act also empowers OC's to make policy determinations specific to their building. This page details some of the policy decisions made by the OC Committee since the first residents moved-in in mid 2004. Many of these are identified on other pages of the site, the Maintenance page for example, but this page attempts to express them in one location.
The C'tee endorses the common theme of these policy statements - being 'Fairness Towards One's Neighbours'.
The C'tee endorses the common theme of these policy statements - being 'Fairness Towards One's Neighbours'.
ESTATE AGENT DISPLAY BOARDS:
• Under normal circumstances, only two “For Sale” or “For Lease” boards will be allowed to be affixed to the building at any one time (and only one board per property). The OC Committee may permit a third board if an owner or their agent present a compelling case for urgency to the Committee. Permission to affix a board must be sought from the OC Manager.
• The Committee will not give approval for boards larger than 1.2m x 1.6m, and the boards must be affixed using the fittings provided.
• Boards should be secured in a way which causes no damage or disfigurement to the external fabric of the building. Upon removal of a board, the relevant selling-agent will be expected to ensure the building fabric is restored to the original (pre-erection) condition as necessary.
• Boards are to be removed within the week following sale or removal from sale of the property, or otherwise as directed by the Committee Chairperson acting on behalf of the Committee.
• Boards can be put up for a maximum of 40 days.
• In considering request to erect a board, or ordering the removal of one, the Committee will be guided by issues such as: failure to obtain permission to erect it; the length of time before or after the intended sale date; the number of requests from owners to erect a board; with a higher priority being given to “Sale” boards than “Lease” ones..
SMOKING: Common areas of the building, including the lifts, are designated as 'Smoke Free' zones.
ELECTRIC VEHICLES: These should not be recharged using the common-area power supply in the car parks. Unless an alternative acceptable to the C'tee is agreed upon, owners of rechargeable vehicles will be expected to use a power source where the costs are charged under their name, not at the expense of all other residents. The technology enabling the power costs to be charged to your apartment electricity bill has now been developed. The website address of the company is
http://www.jetcharge.com.au/apartments-1
MAINTENANCE AND REPAIRS TO APARTMENTS: It is the responsibility of owners to maintain their own property to an appropriate standard. The OC is responsible only for the 'general fabric' of the building. In the event of this dichotomy giving rise to a 'grey area' of responsibility, the following will guide the C'tee in determining ultimate responsibility.
- Precedent law and VCAT rulings in cases involving similar 'grey areas'.
- If works carried out, even in common areas, are substantially for the benefit of one apartment, the OC can charge the cost of that work to the owners of the apartment.
- Maintenance works necessary to the external fabric, and general appearance, of the building will generally be at the expense of the OC.
- Owners should anticipate that the cost of works undertaken to repair damage to the building external fabric, or any part of the common area, caused by actions of an owner or their contractors will be charged to that owner.
- Owners should anticipate that the cost of works undertaken to repair damage to the building external fabric, or any part of the common area, caused by actions of an owner or their contractors will be charged to that owner.
CAR PARK 'ABOVE BONNET' STORAGE UNITS: As per Section 3(f) of the Owners Corporation rules, the written consent of the OC Committee is required to install any storage container in the parking-space of a lot.
Permission will be granted by the C'tee only when installations will …
• Be entirely within the parking space of the specified lot.
• Be securely fixed in place, and only to the floor - not to to any wall of the building.
• Not interfere in any way with safe-passage of people in an emergency, with the sprinkler system, any drainage system, lighting or electrical supply system within the building.
• Not impede access to the storage cage of any apartment, or interfere with access and safe operation of any air-conditioning condenser unit.
• Not cause undue interference to ventilation within that basement car park.
• Not be used for storage of flammable products.