Rules

Rules are a necessary part of living in any community, and as in all communities (including the State) people are assumed to know the rules which apply to them and are required to abide by those rules. This is also true of Owners Corporations. The BYFAS Owners Corporation rules are based on the model rules embodied by the Owners Corporation Act 2006 and apply equally to owners, residents and their guests. A good working-summary of our rules would be …

“Don’t do things which unduly interfere with the right of neighbours to enjoy life here, and which causes them inconvenience or expense.”

A full set of the BYFAS Owners Corporation rules can be seen and downloaded at the following link (click here). 

But please be aware that owners and residents are legally assumed to know the rules.  To quote that legal maxim, “Ignorance is no excuse”. 

To make it easier to get to know these rules, the following are summaries of the areas which are most likely to affect residents:

Noise and Nuisance:

• Do not create or allow noise, whatever the source or the time, which may unreasonably disturb others by being heard outside your apartment, but particularly
  
  •    Sunday to Friday, between 10pm and 8am,
  
  •    Saturday between 11 pm and 8am.

• Remember that noise made on balconies and in corridors, such as loud talking, can also disturb residents, including those whose bedrooms are close to the balconies of other apartments.  Please be thoughtfully quiet in the common areas.
• Smoking anywhere within the common area of the building is prohibited.  If you smoke within your own apartment, please ensure that some windows are open to assist in proper ventilation.  Allowing smoke to ‘escape’ into the corridors does interfere with the rights of other residents. 
  

Security for Residents and Property.

• Do not do anything which may prejudice the safety and security of the building or occupants.  Such as … leaving doors propped open; and leaving furniture, boxes, bicycles or other large items in the common property which may obstruct free movement within the building.
  
• If an entry fob is stolen, or considered lost, report that loss to our OC Manager as a matter of urgency so the fob can be de-activated and replaced.
  

Pets 

The BYFAS Owners Corporation rules do allow for pets in BYFAS apartments.  
In which case, the following apply. 

• Pets are not allowed in common areas unless on a lead or carried in a cage.
  
• Owners should 

           a) not allow a pet to defecate or urinate in any common areas, including the terrace, and (if it does) should ‘Pick-up’ 
           or wipe-up after it.  
           b) take reasonable measures to ensure it’s barking does not disturb or inconvenience other residents.

• If an animal causes a nuisance, the rules of the Owners Corporation allow it to order removal of that animal from BYFAS.  This will follow notice being given to the owner of the animal, and his/her subsequent failure to take reasonable steps to mitigate that nuisance.
• City of Yarra local-laws limit the number and type of pet that may be kept in an apartment. For dogs and cats, this is only one adult animal or two birds. Poultry, reptiles, ferrets, mice and rabbits are NOT allowed. 

Policy for "For Sale" boards 
​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 (metal rails attached to the building wall facing Trenerry Cres) 
• 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 the 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 a 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

Building Works and Contractors.
An Owner or Resident should …

• Ensure that the contractor holds a current Certificate of Insurance when engaging them to come on site. This is necessary to protect interests of both the owner and BYFAS in the event of damage being caused to the apartment or common areas of BYFAS.
  
• Not cause, or allow to be caused, any damage to either the common property or the private property of other residents; and shall reimburse the OC for all reasonable repair and cleaning costs it incurs resulting from that damage. 
  
• Ensure that all non-emergency works are undertaken in a way and at times which minimise to a reasonable level any nuisance, disturbance or inconvenience to other residents.
  
• Not allow contractor building materials to be stored in the common areas within the building or at either entrance to it.
  
• No work may be carried out which may affect the external appearance of the building, or affect the building structure, services or the fire or acoustic rating of the building without first obtaining all necessary permits from City of Yarra and notifying BYFAS OC.