Balcony Screening & Blinds

LOT IMPROVEMENT CONDITIONS

The body corporate will consider applications for the Lot Improvement subject to the following requirements:

1. The application made by the owners of the Lots to the Body Corporate is to include the following information:

1.1 all documents relating to Lot Improvement;

1.2 details of the contractor and confirmation that the contractor holds the required licence and appropriate insurance to undertake the works; and

1.3 time frame when the alterations and works are proposed to be commenced and completed by the owners of the Lots.

2. The approval by the Body Corporate attaches the following conditions:

2.1 That the works may only be carried out in accordance with Cairns City Council Guidelines.

2.2 if any works are carried out which will create excessive noise, a relevant notice must be provided to the Body Corporate in order to alert relevant lot owners and occupiers within the Body Corporate that such excessive noise will occur within the building;

2.3 all works are to be carried out in a clean and efficient manner; and

2.4 no rubbish, debris or building material is to be left upon the common property of the Body Corporate.

2.5 The Installation of Lot Improvement will be added to the register of Authorities and Dealings as a lot improvement.

3. The owners of the Lot shall at their own expense, be responsible for the installation, repair, maintenance, insurance and upkeep of the works.

Intended effect of this approval

4. The purpose of this approval relating to the owners of the Lots and its intended effect is to:

4.1 permit the owner/s of the Lot to retain the works; and

4.2 confer a right of exclusive use and enjoyment, and special privilege, in respect of the common property affected by the works; and

4.3 confer the ongoing responsibility to repair, maintain and insure the works on to the owners of the Lot.

Enduring rights and obligations

5. The owners of the Lots must:

5.1 not carry out any further works without the written approval of the Body Corporate;

5.2 properly maintain and upkeep the works in a state of good and serviceable repair;

5.3 properly maintain and upkeep those parts of the common property in the contact with the works;

5.4 comply with all directions, orders and requirements of any local authority relating to the works;

5.5 remain liable for damage to lot or common property arising out of or in connection with the works and will make good that damage immediately after it has occurred; and

5.6 indemnify and keep indemnified the Body Corporate against any costs or losses arising out of or in connection with the works including their installation, repair, maintenance, replacement, removal and/or use.

Failure to comply with this approval

6. If the owners of the Lots fail to comply with any obligation under this approval, the Body Corporate may:

6.1 request, in writing, that the owners of the Lots comply with the term of it;

6.2 by its agents, employees and contractors, enter upon the lot and carry out all work necessary to perform that obligation;

6.3 recover the costs of such work from the owners of the Lots as a debt due; and

Ownership of Works

7. The work will always remain the property of the respective owner.

Applicability

8. In the event that the owners of the Lots desires to remove the works approved and/or installed under this approval (or otherwise), the provisions of this approval shall also apply in relation to that removal of such works.