Saltwater Coast Residents Handbook by Saltwater Coast

RESIDENT HANDBOOK

Welcome to Saltwater Coast

This handbook has been compiled by the Owners’ Corporation Committee in collaboration with the Owners’ Corporation Manager and Lifestyle Centre Management. It is designed to provide Saltwater Coast residents with information about Estate Guidelines, facilities available as well as other general information. It is our hope that the handbook will help you and your fellow owners and residents appreciate the quality of life in Saltwater Coast. You’ll find information pertaining to different areas such as Lifestyle Centre inductions, tennis court and function room bookings as well as contact details for the Owners’ Corporation. Also in the handbook are details about the local council, transport and amenities to help you make the most of the Point Cook area.

Contents 3

Owners’ Corporation Rules

1. Interpretation

2. Definitions

3. Use of lots – developer

4. D evelopment and maintenance of a l`ot

5. Amenity controls

Access to the Residents Web Site

6. Each member of the Owners Corporation agrees that: 29

Lifestyle Centre

7. Recreational facilities

How to gain access to the facility

8. Recreational facilities rules

When are inductions available?

9. Non-compliance

10. Gst

Facility Opening Hours

11. Dispute resolution

Pools

12. Additional rules

13. Definitions

14. Design review committee

15. Meetings of the design review committee

Coast Café

16. Powers and functions of the design review committee 32

General Information

17. Works carried out by the member

18. Proceeding with works

19. Inspection and correction of works

20. Non liability of members

Snake Sightings

21. Variance of works

Fencing

22. Monitoring of compliance

Newsletters

Breach Process

Playgroup

About FKP

Welcome to Saltwater Coast Introduction Residential Standards and Expectations Owners’ Corporation Committee Overview The Function of the Owners’ Corporation Committee Owners’ Corporation Structure

How many access passes am I allowed?

Gymnasium Tennis Courts Function Room

Parks and BBQ’s Parks and Dogs Garbage Collection

Snap, Send, Solve – Residential Compliance Assistant

Community Information Groups

Important & Local Contacts

Saltwater Coast combines modern urban design with the appeal of a coastal setting. As residents, we can all enjoy the natural open space of the Wetlands and the state-of-the-art Lifestyle Centre.

INTRODUCTION Saltwater Coast blends seamlessly with surrounding Coastal Parklands, nearby beach areas and the Cheetham Wetlands, which is host to thousands of migratory birds. The estate is classified as a Master Planned Community, which is a self-sufficient residential area that provides for all of the needs of its homeowners, while ensuring a healthy and quality lifestyle. Saltwater Coast will include over 2,500 homes once itâ&#x20AC;&#x2122;s completed. Everything you need will be right on your doorstep, including a state-ofthe-art Lifestyle Centre, neighbourhood shopping centre, childcare facilities, primary schools and sporting ovals. There are significant advantages to owning a home and/ or residing in a planned community like ours: lifestyle opportunities, security, convenience, and peace of mind. Of course, most master-planned estates have design guidelines to reassure buyers that their lifestyle and investment will be protected. Buyers and residents will have a clear picture of what the area will look like in the future, as the relevant guidelines would already be in place. It is the residentsâ&#x20AC;&#x2122; prerogative to embrace as much or as little social interaction and community spirit as they wish. With a sound master plan in place, the future infrastructure needs of residents can be accounted for, rather than allow the estate to simply evolve ad hoc. To ensure the consistency of standards and facilities, the estate is overseen by an Ownersâ&#x20AC;&#x2122; Committee which provides management and direction for services (maintenance of common areas) and facilities on behalf of all property owners within the Saltwater Coast Community.

RESIDENTS HANDBOOK

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Residential Standards and Expectations As an owner or resident of Saltwater Coast, you have certain responsibilities towards the presentation of your property. These are categorised as either Design Guidelines or Owners’ Corporation Rules. Regular reviews are necessary to ensure existing properties are maintained in accordance with these rules and guidelines. Lifestyle Centre management will conduct ongoing reviews of all settled properties within the estate. In the instance a property is identified as having some aspects which do not meet the standards required under either the Owners’ Corporation Rules and/or Design Guidelines, a yellow courtesy card (or in some cases a letter) is to be left in the mailbox of the property concerned, explaining the issue as well as the necessary action. These instances are known as Breaches, and if a Breach is not rectified, a process of resolution will be initiated which is detailed at the end of this manual. More information regarding this process, the Design Guidelines and Owners Corporation’ Rules are provided on the Community Intranet at www.saltwatercoastonline.com.au

Breach Types (for Clarity) Design Guidelines – Will refer to an Owner Occupier. These Breaches will include but not be limited to Landscaping Design / Driveways / Fences / Window Furnishings. Owners Corporation Rules – Will refer to the Resident of the Property being an Owner or Tenant. These Breaches will include but not be limited to Garden Maintenance / Nature Strip Maintenance / Rubbish Disposal (for example, bins are to be concealed from public view on any day but collection day).

Owners’ Corporation Committee Overview

The Function of the Owners’ Corporation Committee

The Estate Management group is made up of three components:

It is the duty of the Owners’ Corporation Manager to ensure that all areas and facilities of the Owners’ Corporation are maintained and in a serviceable state, undertaking all relative administration tasks, including obtaining comparative quotations for repair works and/ or capital works as necessary.

• O wners’ Corporation Committee – consisting of the elected members of the Lot Owners Corporation. • O wners’ Corporation Management – an externallycontracted professional estate management business. • F acility Management – an externally-contracted business responsible for the staffing requirements and administration of the Lifestyle Centre. The Owners’ Corporation Committee is a group of up to 12 Owners’ Corporation Members elected at the annual general meeting (AGM), who meet at regular intervals to oversee the management of the common property including the Lifestyle Centre. The AGM is normally held in late December. We encourage all Owners’ Corporation members to attend the AGM and nominate if they wish to become part of the Owners’ Corporation Committee. All owners and residents can contact the Committee through our website at: www.saltwatercoastonline.com.au or through contact numbers provided in this handbook.

Responsibilities of the Owners’ Corporation are identified as those relating to “common area(s) and property”, (i.e. land and facilities that are not on title to any one particular owner e.g. main entrance to City Bay Drive, the Lifestyle Centre including: communal spa; swimming pools; tennis courts; gym; café; sales office and the function centre. Maintenance of facilities also extends to the common area chattels, fixtures and fittings, ensuring attention is given to lifts, fire escapes, and all Essential Service apparatus. The overall appearance of the Lifestyle Centre is also of the upmost importance, and subsequently the Owners’ Corporation is authorised to govern any issues related to the exterior facade of the building. The insurance cover placed on the building is also the responsibility of the Owners’ Corporation, requiring its Manager to ensure the appropriate building reinstatement policy is maintained. The Owners’ Corporation Committee also arranges and manages the leasing of common property e.g. café and sales office.

RESIDENTS HANDBOOK

The Owners’ Corporation Committee sets the Contribution Fees and regulates the payment times. The Owners’ Corporation Manager therefore issues corresponding invoices to individual owners to ensure the financial commitments of the Owners’ Corporation are met. Where required, the Owners’ Corporation Committee will calculate and distribute invoices for Special Levies/Sinking Funds to cover costs incurred over and above general maintenance items. Common Area accounts, as received from Contractors and services providers, are paid on a monthly basis. The Owners’ Corporation Management maintains accounting ledgers of all transactions. The Manager on behalf of the Owners’ Corporation convenes an Annual General Meeting of all owners. Throughout the year, however, meetings may be convened to discuss and/or resolve any issues of concern. Minutes of such meetings are prepared and are available to all owners for their information.

In general terms, the Owners’ Corporation manages and administers works on the Common Property areas and enforces the related Rules, Regulations and By-Laws. Your Committee also aims to be a hub for the owners and residents of the estate, resolving or assisting in providing answers for any concerns or queries.

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Owners’ Corporation Structure Parties

Owners’ Committee Chairperson

Access to the Residents’ Web Site Major Duties

• Call for and chair meetings.

Committee Members

• Act on the directions of the committee.

• Act on the directions of the Owners’ Corporation.

• Prepare the notice and agenda for committee meetings, AGM and general meetings. Owners’ Committee Secretary

A Residents Intranet facility has been created for the use of all Saltwater Coast Residents and Owners.

www.saltwatercoastonline.com.au The site provides general information to the public and contains a resident’s only section.

• Keep minutes of all meetings.

• Receive ballot forms at general meetings or via post, telephone or electronic means in accordance with the Owners’ Corporation Rules.

• Receive petitions against an interim special resolution.

• Act on the directions of the Owners’ Corporation.

• Receive proxies from lot owners.

• Act on the directions of the committee.

• Approve annual budget and expenditure.

• Form sub-committees where required, including but not limited to grievance committees.

• Decide on and approve rules.

To access the web site enter the following link into your Internet browser:

Here you can expect to find information relating but not limited to Owners Corporation Committee Meeting Minutes, Design & Owners Corporation Guidelines, Lifestyle Centre Facilities and Rules for Use, Saltwater Coast Newsletter, Contact Information, FAQ’s, Tennis Court Bookings Register, Playgroup Information and Registration, Clubs, Events, Wyndham City Council Links. You will need a login and password to access the resident’s only section.

How do you obtain access? • Manage owners’ register.

• Arrange contractors and pay outgoings.

Owners Corporation Manager

• Compliance.

• Develop operating and maintenance budget.

• Estate Manager • Finance • Admin Team

• Responsible for Fee Notices and collection.

• Manage initial complaints process.

Step 1: To obtain an account simply navigate to ‘don’t have account? Register now’ and click to start the registration process.

• Breach inspections.

Step 2: You will be asked to enter a few details – email, a password, your name, your address, Lot number and a contact number.

• Breach Process – letters of demand onwards.

Centre Management Team • Life Style Centre Manager • Assistant Manager • Operations Staff

RESIDENTS HANDBOOK

• Manage inductions, tennis court and function room bookings. • Day-to-day administration of the Lifestyle Centre.

• Clearing and centre maintenance.

Step 3: Once the form is submitted our estate manager will verify your details and activate your account. This should happen within 48 hours.

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Lifestyle Centre Access to the Lifestyle Centre is available to all residents of Saltwater Coast.

How to gain access to the Lifestyle Centre

Facility Opening Hours The Lifestyle Centre is open for residents from 5am to 10pm 7 days a week, 365 days per year.

In order to be eligible for an Access Pass to the facilities, each resident over 16 must have completed an induction. An induction is a walkthrough of the facility explaining rules of use, access, safety and amenities. Part of this process is the completion of an Induction Form as required by the Owners’ Corporation. Documentation needs to be presented to validate the resident’s identity, and staff will advise you of the paperwork required when a booking is made. Upon completion of the induction, one Access Pass per Lot will be issued. Any children under the age of 16 must be accompanied by an inducted adult at all times. Two guests may accompany an inducted member. Inductions and future access will only be available to Residents whose Owners’ Corporation Fees are paid up to date.

When are inductions available? Bookings are organised through the Lifestyle Centre staff. Inductions are usually on set days and times. Bookings for groups or individuals may be arranged depending on demand; the process takes approximately 30-40 minutes.

How many Access Passes am I allowed? Currently there is one pass per household allocated free of charge. One additional Access Pass may be purchased through the Lifestyle Centre staff at a cost of $55 including GST.

RESIDENTS HANDBOOK

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Pools

Gymnasium

The Lifestyle Centre contains:

The state-of-the-art-gymnasium is equipped with the latest cardiovascular and weight training facilities.

• A 25 metre lap pool – great for laps and only 1.2m deep. • A resort pool with a shallow area (0.9m) for our young patrons. • A spa for those that just need to relax. Rules of use for the pool area are listed below. These are in place for the safety and enjoyment of all patrons, so please assist us by abiding by these when at the centre. • C hildren below the age of 16 years may use the wet areas and changing rooms only if supervised by an inducted adult member. • G uests must be accompanied by an inducted member at all times. • Hours of use are between 5.00am and 10.00pm. • G lass objects, drinking glasses and sharp objects are not permitted in the wet areas. • F ood is not permitted in the wet areas. Alcohol is not permitted in any area. • Smoking is not permitted in any area. • F or the hygiene of all swimming pool users, you must shower before using the pool. • A ll users of the swimming pool must dry off before leaving the wet area. • Footwear must be worn to and from the wet areas. • A ll users of the wet areas must ensure appropriate attire is worn at all tsimes (i.e. nude swimming is not permitted). • Running, ball playing, noisy or hazardous activities are not permitted in the wet areas.

Rules of use for the gymnasium are below: • A ll equipment must be used in a responsible and careful manner to ensure the equipment lasts and to prevent injury; all equipment must be placed in its correct storage area on completion of activity. • F or hygiene purposes, every member must bring a towel for personal use while exercising in the gymnasium, and also wipe down equipment after use. • No food or alcohol may be brought into the gymnasium. • Smoking is not permitted. • A ppropriate attire must be worn at all times (including sports footwear). • P ersonal items (e.g. bags, keys, papers) are to be stored in the storage compartments provided. • The lockers provided are to be used only while the member is in the gymnasium; lockers are to be cleared when the member leaves the gymnasium. Provision of coins to use the lockers is the responsibility of the member. • M embers are to report to Lifestyle Centre staff if they feel unwell at any stage during or after completion of exercises performed in the gymnasium. • M embers must comply with all rules of use, policies and regulations relating to the gymnasium. • A ccess to the gymnasium may be withdrawn if the member fails to comply with the above terms and conditions.

• There is strictly NO DIVING. • All users of the wet areas do so at their own risk.

RESIDENTS HANDBOOK

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Tennis Courts

Function Room

Booking sheets for the courts are located on the centre’s notice board. You can either book the courts by visiting the centre and adding your own booking, or by calling the centre management and requesting that they place a booking for you.

The function room can be booked for your next party or business meeting. The room has audiovisual equipment, a full kitchenette and tables and chairs to cater for up to 100 guests.

Rules of use for the tennis courts are below: • B ookings are to be strictly conducted in one-hour blocks. • No alcohol may be brought into the tennis courts. • Smoking is not permitted. • A ppropriate attire must be worn at all times (including sports footwear). • Lights are available via a green push button located near the exterior pool exit door. • Enjoy your game, however, we do ask that you be considerate to our neighbours when playing.

Detailed Saltwater Coast Function Room Rules of Use & Terms and Conditions are available on the Community Intranet at www.saltwatercoastonline.com.au • The function room is available to be booked by all residents of Saltwater Coast. • Each lot is entitled to two bookings per financial year. • Maximum occupancy of 100 people is permitted. • U sers of the function room also have access to the kitchenette, warmer Ovens, under-bench refrigerators and all other function room amenities. • The hirer must be in attendance during the function at all times and is responsible for all guests. • A booking 14 days in advance is requested for any function. • A Bond of $250 is required when making a booking. • C atered functions will be charged a cleaning fee. The standard fee current at the time of printing is $165. • O nly caterers with a liquor licence are permitted to cater functions in which alcohol is served. • F unctions where alcohol is served or that run after 6pm will require one SNP Security Guard per 50 guests in attendance, chargeable accordingly. • The function room will be required to be restored to its original layout upon departure. • Function Times (the venue must be vacated by closing time): Sunday to Thursday: 5am until 10pm Friday and Saturday: 5am until 11pm

RESIDENTS HANDBOOK

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Coast Café Opening Hours: Wednesday to Sunday from 8am to 5pm Ph: 03 8353 9058 What better way to enjoy breakfast or lunch than in a stylish cafe with city skyline views?

With more proposed schools due to open in the next few years, there’s a school to suit most, all conveniently located.

Coast Cafe is now open in the new state-of-the-art Lifestyle Centre at Saltwater Coast. The modern menu has a great range of options to satisfy any appetite. It’s the perfect meeting place and offers a taste of what life could be like as a Saltwater Coast resident.

RESIDENTS HANDBOOK

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GENERAL INFORMATION Parks and BBQs One of the quintessential Australian activities is the barbie, or outdoor barbecue. Saltwater Coast provides free electric barbecues, each with two hotplates. Rules of use: The barbecues cannot be booked and operate on a first-come-first-served basis. Use of the Saltwater Coast’s barbecues is on a mutual responsibility basis; the council will maintain and keep the barbecues in working order, while users are responsible for cleaning the barbecue hotplates after use, out of respect to the next users. Please remove all leftovers and garbage after your BBQ. If you find a Saltwater Coast barbecue out of order, please contact the management at the Lifestyle Centre who will contact the council.

Parks and Dogs We have many great parks available to us at Saltwater Coast, and our pets love the parks as much as we do. Please be considerate of all park users by following a few simple guidelines: • P lease carry a plastic bag with you when walking your pet and clean up any mess your pet might make, take it home and dispose of it there. • P lease keep your pet leashed and restrained at all times; while your pet might be friendly, other pets might not. Be considerate of other people and pets using the park who may be frightened by your pet’s approach.

RESIDENTS HANDBOOK

Place your yellow-top bin at the kerb for Household garbage which is collected every Monday from 6am. Recycled material is collected on alternate Mondays in the blue-top bin.

Garbage Collection

Snake Sightings

Household garbage is collected within Saltwater Coast every Monday (including public holidays). Place your yellow-top bin at the kerb on Sunday evening as collection commences around 6.00am. Recycled material is collected on alternate Mondays, in the bluetop bin. The use of a green-top bin for garden waste is optional for an annual fee. The green bins are collected on alternate Mondays, alternating with the blue bins.

The most commonly found snakes in the area are the Tiger Snake, the Eastern Brown Snake and the Little Whip Snake.

It is part of the Estate Guidelines that all bins be returned to your property and stored out of general view by the end of the garbage collection day. More details on waste disposal services are at: www.wyndham.vic.gov.au/residents/home/waste/ kerbside_collections/general Wyndham City Council provides a hard and green waste collection service for bulk items, with details at: www.wyndham.vic.gov.au/residents/home/waste/ kerbside_collections/hard_and_green_waste_collectio

Fencing

During summer months, there are a number of snake sightings in the area. If you find a snake on your property, keep an eye on it from a safe distance and do not touch it. Most people are bitten when attempting to handle the snakes themselves! Phone Wyndham City Council on 03 9742 0777 and a qualified snake catcher will attend and remove the snake. This is a FREE service to residential properties and can be used 24 hours a day, every day of the year (including Public Holidays). Details are at: www.wyndham.vic.gov.au/residents/home/animals/snakes To help prevent snakes from entering private properties, preventative measures can be taken, including: • Keep aviaries and other mice-attracting areas clean;

Fencing guidelines are detailed in the Design Guidelines.

• C heck that windows and door screens are secure to reduce the chances of a snake entering your home;

You need to obtain property ownership details for the purpose of building a fence through the Wyndham City Council.

• K eep grass mowed, and wear shoes and gloves while gardening;

Details are at: www.wyndham.vic.gov.au/building_ planning/building/forms/fences/fencing

• Remove any items from backyards that could be good hiding spots for snakes, like old corrugated iron and wood piles. You should also: • S tick to pathways provided within bushland or coastal areas and avoid long grass or thick undergrowth; • B e extra vigilant when walking pets in bushland, waterways and in long grass areas.

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Newsletters Newsletters with items of interest are regularly emailed to residents. If you have not been receiving these newsletters but would like to be added to the list, please send an email to centremanagement@ saltwatercoastonline.com.au with your request along with your first name, last name, email address and lot number (or street address).

Playgroup There is a Saltwater Coast playgroup available for children of pre-school age, held in the function room of the Lifestyle Centre. The session is currently on Tuesdays from 9.30 – 11.30am. This is a free community event. A current membership with Playgroup Victoria is required for participation. Registration can be made online through the Community Intranet at www.saltwatercoastonline.com.au.

Snap Send Solve – Residential Compliance Assistant There may be instances where you have concerns regarding upkeep or possible hazards in the estate and would like action to be taken without you having to speak directly to the offender. In cases like this, the Smartphone Application ‘Snap Send Solve’ can be of assistance. Snap Send Solve allows you to easily capture and report common issues including litter, hard waste, parking, street cleaning, trees, noise and hazards, and also provide a general request or general feedback. Snap Send Solve determines your council using your Smartphone’s GPS location. Once your GPS location has been determined the server sends back all relevant council details, including contact information, location, and email contact. All reports from Snap Send Solve are sent from the app using your email address so that the council can communicate directly with you to fix the issue. www.snapsendsolve.com.au

Community Information Groups There are two internet-based community contact groups that have been set up by residents of Saltwater Coast. These two Facebook Groups can be an invaluable tool if you wish to interact with fellow members of the Saltwater Coast community. Saltwater Coast Residents’ Group is the main group for all residents where certain topics may be discussed, questions posed to other Residents and Local Business Contacts may be discovered. Saltwater Coast Parents’ Group is a family-focused group where children’s events are generally discussed and organised. Whether it is external events or a catch-up at the local park, it is a great way to network for the family.

These social groups have been established to provide our growing community with a resource for sharing information, networking or socialising and getting to know your neighbours. LOOK FOR THESE GROUPS ON FACEBOOK

RESIDENTS HANDBOOK

Important & Local Contacts Service Owners’ Corporation Manager Saltwater Coast Lifestyle Centre Manager

Contact Name AND Address

Contact Details

Doris Lang

Phone: 03 9862 3700 Email: enquiry@estatesownerscorp.com.au

Vicki Smith

Phone: 03 8353 8882 Email: centremanagement@saltwatercoastonline.com.au

Website

Web: www.saltwatercoastonline.com.au Email: centremanagement@saltwatercoastonline.com.au

Telstra Smart Community

Phone: 1800 008 994 Web: www.telstra.com.au/smart-community/home-owners

Werribee Police Station

131 Princes Hwy Werribee VIC 3030

Phone: 03 97429444 or 000 (emergencies) ALL emergency calls must be made to '000'. Do not ring the station if it is for an emergency. For non-emergency enquiries, phone: 03 9395 3827.

Fire/CFA Point Cook

Wyndham City Council

45 Princes Highway Werribee VIC 3030

Phone: 03 9742 0777 Email: mail@wyndham.vic.gov.au Web: www.wyndham.vic.gov.au

Mercy Public Hospital Werribee

300 Princes Highway Werribee VIC 3030

Phone: 03 9216 8888 Web: www.mercy.com.au

Water & Sewerage

City West Water

Faults and emergencies: 132 642

Point Cook Library

1-21 Cheetham Street Point Cook Town Centre

Phone: 03 9395 7966 Fax: 03 8353 1686

SES

132 500

Lifeline

131 114

Kids Helpline

1800 551 800

Hours of Operation: Mon –Fri: 8.00am -5.00pm

Hours of Operation: Mon –Thurs: 10am- 8pm Fri: 10am - 6pm Sat: 10am - 4pm, Sun: 2pm -5pm

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OWNERS’ CORPORATION RULES All owners’ corporations (formerly body corporate) have rules for the control, management, use or enjoyment of common property and lots. The following pages contain a copy of the Saltwater Coast Owners’ Corporation PS611333Q rules lodged and registered with Registrar of Titles. These rules are subject to change.

INTERPRETATION

The Owners’ Corporation principal purposes are to ensure that all Members and occupiers of the members’ lots have the right to use the Recreational Facilities within the Development and to maintain the quality of the Development. These Rules are therefore to be interpreted having regard to the following objectives of the Developer. 1.1 Design Guidelines ensuring compliance with the Design Guidelines; 1.2 Landscaping maintaining and enhancing any landscaping for which the Owners’ Corporation is responsible;

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DEFINITIONS

In these Rules unless the context otherwise requires the following definitions apply:

Land means the whole of the land described in the Plan of Subdivision; Lot means any lot on the Plan of Subdivision;

Act means the Owners Corporations Act 2006 as may be amended from time to time and includes any regulations under the Act;

Member means a member of the Owners’ Corporation who is the owner of any Lot on the Plan of Subdivision;

Common Property means that part of the Land shown in the Plan of Subdivision as common property;

Occupier means the occupier from time to time of a Lot;

Date of Completion of the Development means the date of settlement of the sale of the last Lot or piece of land in the Development of which the Developer is owner; Design Guidelines means the Saltwater Coast Design Guidelines (a copy of which can be obtained from the website at www. saItwatercoast.com.au) as amended from time to time; Design Review Committee means the committee established as provided for in the Design Guidelines;

Owners’ Corporation means the Owners’ Corporation created by the Plan of Subdivision or if more than one, the unlimited Owners’ Corporation created by the Plan of Subdivision; Owners’ Corporation Manager means the person for the time being appointed by the Owners’ Corporation as the manager of the Owners’ Corporation; Plan of Subdivision means Plan of Subdivision No. PS611333Q which is the subject of these Rules, including any subsequent stages of subdivision to be incorporated into this Plan of Subdivision;

1.3 Recreational Facilities maintaining and enhancing the Recreational Facilities and other amenities for the benefit of all Members; and

Developer means FKP Lifestyle Pty Ltd ACN 005 867 596 the owners of the land at the time of registration of the Plan of Subdivision or its assignee;

1.4 Provision of Services ensuring the Owners’ Corporation has the ability to provide services to its members which are consistent with the quality of the Development.

Developer means FKP Lifestyle (Real Estate) Pty Ltd ACN O62 622 673 the owners of the land at the time of registration of the Plan of Subdivision or its assignee;

Recreational Facilities Area means the area being common property and part of Lot S5 on which the café/convenience store and Recreational Facilities are proposed to be constructed’,

Development means the development known as Saltwater Coast from time to time;

Residence means one permanent nontransportable private residence;

Recreational Facilities means the Saltwater Coast Lifestyle Centre to be erected by the Developer on the Recreational Facilities area for the use of all Members;

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Settlement Date means the date of transfer of any Lot to a Member;

3.3.2 Is entitled to progressively develop staged lots as set out in the Plan of Subdivision

VCAT means the Victorian Civil & Administrative Tribunal;

3.3.3 Is entitled to incorporate further land into the Plan of Subdivision,

Works means the works set out in Rule 4 of these Rules.

3.3.4 While owner of any Lot, need not comply with any rule to become part of the Development;

The obligations and restrictions set out in these rules shall be read subject to the rights, grants or privileges that may be given to any person or persons by the Owners’ Corporation from time to time and to the extent of any inconsistency, such rights, grants or privileges shall prevail over these rules in respect of the person or persons to whom they are given.

3.3.4.1 Which is inconsistent with or limits his rights under this rule; or 3.3.4.2 The application of which, in the Developer’s opinion is inappropriate to the development of the Lot while that Lot remains undeveloped or during its development.

3.1 Display Lots 3.1.1 While the Developer is the owner of any Lot he may:

3.4 Common Property The Developer is permitted to use and develop the Common Property for the purpose of developing the Land and in particular for the construction of the Building on the Recreational Facilities Area.

3.1.2 Use any Lot owned by him for display purposes including a sales office and car parking;

4. DEVELOPMENT AND MAINTENANCE OF A LOT

3.1.3 Allow prospective purchasers of any Lot to inspect the display Lot; and

Each Member and Occupier must do the following on each Lot of that Member:

3.1.4 Use any signs, advertising or display material in or about the display Lot and Common Property as he thinks.

4.1

3. USE OF LOTS – DEVELOPER

3.2 Signs Any signs erected pursuant to rule 3.1.3 must be in keeping with the Development and must not at any time be more in number or size than is reasonably necessary. 3.3 Development Rights 3.3.1 Notwithstanding any other rule, the Developer:

RESIDENTS HANDBOOK

Design Guidelines Must comply with the Design Guidelines;

4.2 Appearance of Residence Must install permanent window furnishings within three months of the issue of an occupancy permit for the construction of the Residence and ensure the Residence is kept clean and maintained in good repair including (without limitation) all fences, walls, windows gates, sidewalls, walkways and driveways within a Lot;

4.3 Driveway Must construct a driveway leading from the Residence to the road prior to the occupation of the Residence by the Member as set out in the Design Guidelines; 4.4 Fencing Must erect fencing around the Lot subject to the requirements of these Rules and the Design Guidelines within three months after the issue of an occupancy permit for the construction of the Residence; 4.5 Upkeep of Yard Areas Must maintain and keep tidy the front, side and rear gardens and other surrounds of the Lot to the standard of a first class residential development as determined by the Owners’ Corporation; 4.6 Nature Strip Must maintain and keep tidy any nature strip adjoining the Lot; 4.7 Rubbish disposal Must conceal all rubbish bins from public view except on the days and during the times designated for rubbish disposal; 4.8 Vermin Must take all practicable steps to prevent infestation of the Lot by vermin or insects; 4.9 General Appearance of Property Must keep the Lot free of rubbish; 4.10 Insurance Must ensure that any improvements, including the Residence, constructed on the Lot are insured for full replacement value;

4.11 Rectification of Non-Compliances Must rectify any non-compliance with the approved plans and specifications for the works in accordance with any notice in writing served on the Member by the Developer or the Owners’ Corporation until the Date of Completion of the Development or thereafter by the Owners’ Corporation or its delegate; 4.12 Cease Construction on Demand Must cease construction of works on a lot if required by notice in writing served by the Developer until the Date of Completion of the Development or by the Owners’ Corporation or its delegate pending resolution of any dispute about a non-compliance with the approved plans and specifications for the Lot; and 4.13 Enforcement Costs Must pay all costs incurred by the Developer or the Owners’ Corporation in respect of the enforcement of the Rules or the Design Guidelines in respect of the Member‘s Lot.

5. AMENITY CONTROLS Each Member of the Owners’ Corporation must not, and must ensure that the Occupier of a Member’s Lot does not, and the Occupier of a Lot must not do any of the following: 5.1 No Breach Must not breach any provisions of the Design Guidelines on a Lot or in the vicinity of a Lot; 5.2 No Alterations Must not without the prior written consent of the Owners’ Corporation alter gas, water, drainage, septic, sewerage, electrical or any other utility connections and services to a Lot;

5.3 No Interference with Cabling Must not do any act or thing or allow any act or thing to be done to the Lot or the common property that may in any way damage or interfere with the use of cabling and ancillary equipment (“the electronic cabling”) installed or to be installed by the Developer and/ or Telstra on the Land in order to provide telephone service, cable television, internet or other such telecommunications or electronic data or services. It is acknowledged that the electronic cabling (if any) remains the property of the Developer and/or Telstra; and 5.4 Use of Lot Must not use or permit a Lot affected by the Owners’ Corporation or the Common Property to be used for any purpose which may be illegal or injurious to the reputation of the Land or the Development or which may cause a nuisance or hazard to other Member‘s or Occupiers of any Lot or the visitors of any Member or Occupier; 5.5 Garage Must not use the garage in a Lot for any purpose other than as a garage for vehicles and for general storage purposes unless the garage in a Lot is used as an office in a display home in a display village but then only so long as the Lot is used for display purposes; 5.6 Restrictions on Car parking 5.6.1 Commercial vehicles etc. Must not park or allow to be parked on a Lot or any road or any other land in the vicinity of a Lot any commercial vehicle (including but not limited to trucks, and utilities) in excess of one tonne;

Must not park or allow to be parked on a Lot or any road or any other land in the vicinity of a Lot any commercial vehicle (including but not limited to trucks, and utilities) or less than one tonne any caravans, trailers, boats or any mobile machinery unless they are housed or contained wholly within a garage on a Lot; 5.6.2 All vehicles Must not park or allow any vehicle to be parked on the front lawn of a Lot or the nature strip adjoining a Lot; 5.7 No Vehicle Repairs Must not carry out or cause to be carried out on a Lot or on any road or any other land in the vicinity of a Lot any dismantling, assembling, repairs or restorations of vehicles unless carried out at the rear of a Residence on a Lot in a location which is screened from public view; 5.8 No Signs Must not erect or display any sign, hoarding or advertising of any description whatsoever on a Lot (including a “For Sale sign”) unless the following applies: 5.8.1 The Lot (not being a vacant Lot) is being advertised for re-sale and in such a case only one advertising sign with a maximum dimension of (1800mm x 1200mm) will be permitted and this sign must be removed within 5 days of the day of sale; 5.8.2 The signage is for a display home and the consent in writing of the Design Review Committee has been obtained;

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5.8.3 The signage is for builders or tradespersons identification during construction of the Residence provided the signage is removed within 10 days of the issue of the occupancy permit. 5.9 Fencing 5.9.1 Must not construct any fence that does not comply with the Design Guidelines unless it is the Feature Fence; 5.9.2 Must not alter or remove any fence without the approval of the Owners’ Corporation; 5.9.3 Must not allow any fence to fall into a state of disrepair; 5.9.4 Must not claim any cost of maintenance of or repairs to the fence from the Developer if the Developer is the owner of an adjoining Lot; nor 5.9.5 Must not repair or renew the fence with any materials which are not of the same nature, quality and standard as those originally used for the construction thereof; 5.10 Insurance Premiums Must not do or permit anything to be done which may invalidate, suspend or increase the premium for any insurance policy affected by the Owners Corporation; 5.11 No Damage to Common Property Must not mark, paint or otherwise damage or deface any structure that forms part of the Common Property;

5.12 No Interference with Common Property Must not use the Common Property or permit the Common Property to be used in such a way as to unreasonably interfere with or prevent it being used by other Members or Occupiers of Lots or their visitors; 5.13 Articles on Common Property Must not without the prior written consent of the Owners’ Corporation, remove any article from the Common Property placed there by direction or authority of the Owners’ Corporation and must use all reasonable endeavours to ensure that those articles are used only for their intended use and not damaged; 5.14 No Storage on Common Property. Must not store any materials or goods on the Common Property except with the prior written consent of the Owners’ Corporation and in accordance with the terms and conditions contained in that consent; 5.15 Not cause a danger Must not keep the Lot in a manner which is dangerous or likely to cause danger to life or property; 5.16 Noise Must not by himself or herself or by allowing any other person in a Lot or on Common Property to: 5.16.1 Carry on a noxious or offensive activity; or 5.16.2 Make or allow noise in a Lot or on Common Property that will interfere with the enjoyment of a Lot or the Common Property by others;

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5.17 Behaviour Must not be on Common Property, or on any part of a Lot so as to be visible from another Lot or Common Property unless clothed and must not use language or behave in a manner likely to cause offence or embarrassment to another Member or to any person lawfully using the Common Property. 5.18 Pets and Animals 5.18.1 Must not allow animals, except common household pets, in a Lot and the behaviour of pets in a Lot must be controlled so that it does not interfere with the enjoyment of a Lot by others; 5.18.2 A person must not have more than two animals in a Lot; 5.18.3 Dogs are not allowed on the Common Property except if on a leash or carried; 5.18.4 Any Member who keeps and maintains a pet will be liable for any and all action by the pet whether or not the Member had knowledge notice or forewarning of the likelihood of such action; 5.18.5 If any animal causes a nuisance the Owners’ Corporation may give notice that the animal is causing a nuisance. If the owner does not take steps to prevent further nuisance from occurring the Owners’ Corporation may give notice to remove the animal from the Lot. The Member must remove the animal from the Lot immediately upon receipt of the notice from the Owners’ Corporation;

6. Each Member of the Owners Corporation agrees that:

RECREATIONAL FACILITIES

6.1.2 The operation of a security surveillance service;

Each Member and each Occupier must observe the following rules in relation to the Recreational Facilities and must ensure that any invitee does not use the Recreational Facilities except in accordance with the following rules or such other rules as determined pursuant to rule 8:

6.1.3 The repair and maintenance of such landscaping within the Plan of Subdivision as the Owners’ Corporation is responsible for or as agreed to by the Owners’ Corporation with relevant authorities or the Developer;

7.1 Invitees to be accompanied Member’s invitees must only use the Recreational Facilities if accompanied by a Member; a Member must not have any more than 2 guests at any one time;

6.1.4 The repair, maintenance and improvement of the Recreational Facilities; and

7.2 Alcohol Alcohol is not to be taken into or consumed around the Recreational Facilities Area without the prior consent of the Owners’ Corporation;

6.1 Services 6.1.1 The Owners Corporation may provide the following services:

6.1.5 Any other service or facility provided by the Owners’ Corporation for the benefit of Members and Occupiers which is consistent with the stated objectives of these Rules; 6.2 Cost The provision of such services by the Owners’ Corporation will be paid for by all Members according to lot liability as set out in the Plan of Subdivision. 6.3 Lease or Licence Until the date of completion of the Development the Developer may cause the Owners’ Corporation to or the Owners’ Corporation itself may grant lease or licence over the Common Property or part of it to an individual or corporation as it sees fit including without limitation a lease or licence enabling the individual or corporation to become responsible for the overall management of all community facilities at Saltwater Coast.

7.3 Smoking Smoking is not permitted inside the Recreational Facilities Area; 7.4 Behaviour No Member or Member’s invitee is permitted to behave in a manner in the vicinity of the Recreational Facilities which interferes with the use and enjoyment of those Recreational Facilities by any other person; 7.5 Clothing Suitable clothing must be worn in the Recreational Facilities at all times;

7.7 Notification of Damage A Member must promptly notify the Owners’ Corporation or the Owners’ Corporation Manager on becoming aware of any damage to, or defect in, the Common Property or any personal property vested in the Owners’ Corporation; 7.8 Compensation A Member or Occupier must compensate the Owners’ Corporation in respect of any damage to the Common Property or personal property vested in the Owners’ Corporation caused by that Member or Occupier or their invitees; and 7.9 Obey Directions Each Member and Occupier and invitee must obey any lawful direction given to them by the Owners’ Corporation.

RECREATIONAL FACILITIES RULES

8.1 Additional Rules The Owners’ Corporation may make additional rules relating to the use of the Recreational Facilities Area on the condition that those rules are not inconsistent with these Rules. 8.2 Breach A breach of any rules made by the Owners’ Corporation pursuant to Rule 8.1 will be deemed to be a breach of these Rules.

7.6 Risk All users of the Recreational Facilities do so at their own risk;

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NON-COMPLIANCE

9.1 Recovery of Costs If a Member has not complied with these Rules within 14 days generally, or within 7 days for breaches of Builders’ Site Refuse Guidelines only, after service of a notice by the Owners’ Corporation specifying any non-compliance, the Member agrees that: 9.1.1 The Member must allow the Owners’ Corporation, its employees, contractors, or agents to enter the Lot and rectify the noncompliance; 9.1.2 The Member must pay to the Owners’ Corporation any charges levied against the Member in respect of the costs incurred by the Owners’ Corporation relating to the non-compliance including without limitation administrative costs, legal costs and the costs of any works performed to rectify the noncompliance which (until paid) are and shall be a charge on the Lot; 9.1.3 The Member must accept a certificate signed by the Owners’ Corporation Manager as prima facie proof of the costs and expenses incurred by the Owners’ Corporation relating to the Member’s non-compliance with these Rules;

9.1.6 Any costs incurred by the Owners’ Corporation relating to the non-compliance of the Member are costs incurred in the performance of a service to that Member. 9.2 Recovery of Expenditure Where the Owners’ Corporation expends money to make good the damage caused by a breach of the Act or of these rules by an Member or Occupier or the tenants, guests, servants, employees, agents or children, invitees or licensees of such Member or Occupier or any of them, the Owners’ Corporation will be entitled to recover the amount so expended as a debt in an action in VCAT or any court of competent jurisdiction from the Member who was the owner of the Lot at the time when the breach occurred.

10. GST 10.1 Definition For the purposes of this rule: 10.1.1 GST means a goods and services tax, consumption tax, value added tax, retail turnover tax or a tax of a similar nature;

9.1.4 The Member must pay interest at the rate prescribed under the Penalty Interest Rates Act 1983 on outstanding fees and charges until they are paid;

10.1.2 Primary Payment means any payment or consideration given by a Member or Occupier to the Owners’ Corporation for any levy or other money or consideration payable or to be given by a Member or Occupier to the Owners’ Corporation in connection with any supply of any goods and services.

9.1.5 Any payments made for the purposes of these Rules shall be appropriated first in payment of any interest and any unpaid costs and expenses of the Owners’ Corporation and then be applied in repayment of the principal sum; and

10.2 Payment If the Owners’ Corporation is liable by law for any GST on any Primary Payment, the Owner must pay to the Owners’ Corporation the amount of the GST in addition to the Primary

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11.

Payment at the same time and in the same manner as the Owner is required to pay the Primary Payment in respect of which the GST relates.

12. ADDITIONAL RULES From 1 January 2020 or on such earlier date appointed by the developer the rules contained in Schedule 1 shall commence operation.

14.2 Owners’ Corporation Role From the Date of Completion of the Development the Owners’ Corporation must ensure that:

DISPUTE RESOLUTION

SCHEDULE 1 DESIGN REVIEW COMMITTEE

14.2.1 The Design Review Committee is constituted from time to time in accordance with this rule 14;

13.

DEFINITIONS

11.1 The grievance procedure set out in this rule applies to disputes involving a lot owner, manager, or an occupier or the Owners’ Corporation. 11.2 The party making the complaint must prepare a written statement in the approved form. 11.3 If there is a grievance committee of the Owners’ Corporation, it must be notified of the dispute by the complainant 11.4 If there is no grievance committee, the Owners’ Corporation must be notified of any dispute by the complainant, regardless of whether the Owners’ Corporation is an immediate party to the dispute. 11.5 The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the Owners’ Corporation, within 14 working days after the dispute comes to the attention of all the parties. 11.6 A party to the dispute may appoint a person to act or appear on his or her behalf at the meeting. 11.7 If the dispute is not resolved, the grievance committee or Owners’ Corporation must notify each party of his or her right to take further action under Part 10 of the Act.

In these additional Rules unless the context otherwise requires the following definitions apply:

Applicant means a Member who makes an Application;

Application means an application made for the Design Review Committee to Approve the development of a Lot;

Approve or Approval means an approval in writing given by the Design Review Committee in respect of an Application which may or may not contain conditions;

Refuse or Refusal means a refusal in writing given by the Design Review Committee in respect of an Application.

14.

DESIGN REVIEW COMMITTEE

14.1 Establishment The Developer has established the Design Review Committee to administer the Design Guidelines.

14.2.2 Meetings of the Design Review Committee are convened as required in order for the Design Review Committee to fulfil its functions as set out in these rules. 14.2.3 It act as secretary of the Design Review Committee in receiving, reviewing and distributing all correspondence addressed or directed to the Design Review Committee. 14.2.4 It receive and account for all monies payable in relation to Approvals and the functions of the Design Review Committee. 14.3 Membership of the Design Review Committee The Design Review Committee is to have three members appointed from time to time by the Owners’ Corporation for a term stipulated by the Owners’ Corporation at the time the appointment or appointments are made. 14.4 Membership of the Design Review Committee Termination of Appointment 14.4.1 A person appointed to be a member of the Design Review Committee vacates office: 14.4.1.1 Upon receipt by the Owners’ Corporation of notice in writing from that member of the resignation of that member; 14.4.1.2 If that member dies or becomes mentally ill; or

14.4.2 The Owners’ Corporation will determine that the appointment of a member is terminated if that member is without prior leave granted by the Design Review Committee absent from two consecutive meetings of the Design Review Committee of which due notice has been given to that member.

15. MEETINGS OF THE DESIGN REVIEW COMMITTEE 15.1 Meeting The Design Review Committee constituted in accordance with rule 14 is to meet in a way determined by the Design Review Committee and at whatever times are necessary to perform its duties, or as directed by the Owners’ Corporation. 15.2 Quorum Fifty (50) percent of Design Review Committee Members are to constitute a quorum. 15.3 Chair The Chairman will be appointed by the members of the Design Review Committee. If the Chairman of the Design Review Committee is absent from a meeting, the people who are present at the meeting are to elect from their number a person to chair the meeting. 15.4 Voting Every question to be decided by the Design Review Committee is to be decided by a majority on a show of hands by members present at the meeting. In the case of an equality of votes the Chairman of the meeting is to be entitled to a second or casting vote.

14.4.1.3 If the Owners Corporation determines that the appointment of that member is terminated.

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15.5 Investigation The Design Review Committee may from time to time, by resolution in writing, designate one or more of its members to investigate or perform any duties for and on behalf of the Design Review Committee and report the findings of that member to the Design Review Committee. Recommendations are to be made by the Design Review Committee. The vote of a majority of the members of the Design Review Committee is to constitute an act of the Design Review Committee.

16. POWERS AND FUNCTIONS OF THE DESIGN REVIEW COMMITTEE 16.1 Application 16.1.1 The Design Review Committee is to assess all Applications for Approval having regard to the Design Guidelines.

16.1.3.3 The Member to give to the Design Review Committee a written undertaking not to cause unreasonable inconvenience to other residents; and 16.1.3.4 To repair without development. 16.2 Services of Consultants The Design Review Committee may, at its discretion, retain the services of architects, engineers, landscape architects, town planners, urban designers, solicitors and other consultants to advise and assist it to perform its duties and function.

17. WORKS CARRIED OUT BY THE MEMBER 17.1 Development 17.1.1 No Member may develop a Lot without Approval

16.1.2 After assessing an Application, the Design Review Committee must either Approve, Refuse, or reserve its decision pending the provision of any further information that is requested in writing by the Design Review Committee to the Applicant.

17.1.2 Development must be in accordance with the Approval.

16.1.3 In the case of Approval, the Design Review Committee may impose conditions that require:

17.2 Application for Approval All applications and correspondence to the Design Review Committee must be directed to the secretary of the Owners’ Corporation and be in the form required by the Design Guidelines.

16.1.3.1 Changes to be made to the plans and specifications; 16.1.3.2 The proposed development to be undertaken within the reasonable time frame specified in the condition;

17.1.3 Once a Member has commenced development, it must not alter the development without Approval.

17.3 Consultant’s Costs 17.3.1 The Design Review Committee may: 17.3.1.1 determine that the Member is to pay the whole or part of the cost to the Design Review Committee of any consultant retained by the

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Design Review Committee to advise and assist the Design Review Committee to consider the Application (“Consultant’s Costs”); and 17.3.1.2 Require the Member to pay to the Owners’ Corporation a sum of money sufficient, in the estimation of the Design Review Committee to meet the liability of the Consultant’s Costs. 17.3.2 The Design Review Committee is not obliged to consider the Application until payment by the Member to the Owners’ Corporation of all sums of money determined as payable under these rules. 17.4 Fees The Design Review Committee may from time to time determine a fee or fees to be paid by a person making an Application. The Design Review Committee may determine different fees for different Applications depending on their nature and complexity. 17.5 Certification 17.5.1 A Member must prior to occupation and after the final building occupancy permit is issued, apply to the Design Review Committee for a certificate that all development on the Member’s Lot is complete in accordance with the Approval. 17.5.2 A Member must not take occupation of a Lot after development until the Design Review Committee has issued a certificate in accordance with rule 17.5.1. Failure to comply with this rule will entitle the Design Review Committee or the Owners’ Corporation to require that the bond be forfeited to the Owners’ Corporation.

18. PROCEEDING WITH WORKS 18.1 Carry Outworks Upon receipt of Approval from the Design Review Committee the Member is, as soon as practicable, to satisfy all conditions of that Approval and diligently proceed with the development of a Lot in accordance with the requirements of all authorities having jurisdiction over the development. Commencement is to occur in all cases within eighteen (18) months from the date of settlement and completion within thirty (30) months from the date of settlement. 18.2 Failure to Comply If the Member fails to comply with this rule, any Approval given is to be deemed revoked unless the Design Review Committee, upon written request by the Member made prior to the expiration of the six (6) month period, extends the time for commencement of the development of the Lot. 18.3 Development of Lot to be completed in Accordance with Application The Member is to complete the development of the Lot in accordance with the construction schedule set out in the Approval and in any event is to complete the works within one (1) month after the finish date specified in the Approval except and for so long as such completion is rendered impossible due to strikes, fires, national emergencies, natural calamities or other supervening forces beyond the control of the Member or would result in great hardship to the Member.

18.4 Owners’ Corporation May Proceed If the Owner fails to comply with this rule, the Owners’ Corporation is to proceed in accordance with the provisions of rule 19 as though the failure to complete the improvements were a non-compliance.

19. INSPECTION AND CORRECTION OF WORKS 19.1 Inspection Inspection of Lots after development and correction of defects is to proceed as follows: 19.1.1 Upon the completion of any development on a Lot requiring Approval under these rules, the Member must as soon as possible give notice of completion to the Design Review Committee; 19.1.2 Within thirty (30) days of receipt of a notice of completion from the Member, the Design Review Committee must inspect the development and decide whether the development of the Lot is complete in accordance with the Approval. 19.1.3 If the Design Review Committee decides that the works are not in accordance with the Approval it is to notify the Member in writing of that non-compliance within that thirty (30) day period. The notice is to specify the particulars of non--compliance, and it is to require the Owner to remedy them. 19.1.4 Notwithstanding the above the Design Review Committee may inspect the development on any Lot and decide whether the development of the Lot is in accordance with the Design Guidelines and if it decides that the works are not in accordance with the Design Guidelines issue a notice under rule 19.1.3.

19.2 Non-Compliance The Member must remedy all non-compliance notified to it by the Design Review Committee within thirty (30) days of receipt of the notice referred to in rule 19.1.3 or such longer period as the Design Review Committee may specify in the notice. 19.3 Remedy Non-Compliance If the Member does not comply with the notice as provided in rule 19.2 the Design Review Committee may at the expense of the Member do whatever is necessary to remedy the noncompliance.

20.

NON LIABILITY OF MEMBERS

20.1 Owners’ Corporation Not Responsible No approval of plans and specifications by the Design Review Committee is to be construed as representing or implying that those plans and specifications will, if followed, result in property designed improvements. Such approvals and guidelines are not to be construed as representing or guaranteeing that any improvement carried out in accordance with them will be built in a good and workmanlike manner. Neither the Owners’ Corporation nor the Design Review Committee is to be responsible or liable for any defects in any plans and specifications submitted, revised, amended or approved, nor for any defects in construction undertaken pursuant to such plans and specifications. 20.2 Not Responsible for Loss Neither the Design Review Committee nor any member of the Owners’ Corporation or their duly authorized representative, is to be liable to any Member or any other person for any loss,

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damage, or injury arising out of or in any way connected with the performance of the Design Review Committee’s duties under these rules, unless due to the wilful misconduct or bad faith of the Design Review Committee.

21. VARIANCE OF WORKS The Design Review Committee may authorise in writing non-compliance with any of the provisions of these rules including (without limitation) restrictions upon height, size, colour, materials and location of works if circumstances such as topography, natural obstructions, aesthetic or environmental considerations so dictate, except so far as prohibited by law. The granting of such an authority is not to operate to authorise non-compliance with these rules for any purpose except as to the particular Lot and the particular rule exempted by the authority, and only to the extent specified in the authority.

22. MONITORING OF COMPLIANCE 22.1 Inspection The Design Review Committee or its agent is periodically to survey all Lots for compliance with these rules and any Approval given. 22.2 Compliance The Design Review Committee is to inspect the Lot’s undergoing development at completion and when satisfied that the conditions set out in the Approval have been met shall issue a certificate in accordance with rule 17.5.

22.3 Reporting A person who considers that there has been a breach of an Approval or these rules may report the alleged breach to the Design Review Committee in writing.

BREACH PROCESS

22.4 Investigations 22.4.1 The Design Review Committee is to appoint one of its members, or a Consultant appointed under rule 16.2, to investigate any alleged breach which comes to its attention, if that member or Consultant forms the opinion that there has been no breach the complainant is to be informed in writing.

Breach Procedure

22.4.2 If that member or Consultant forms the opinion that there has been a breach, the Owners’ Corporation may take whatever steps or action it determines as appropriate in order that any breach of these rules is remedied. 22.5 Confidentiality The Design Review Committee and the Owners’ Corporation is to keep the name of the person responsible for the alleged breaches confidential until the breach or breaches have been established. In all cases the Owners’ Corporation and the Design Review Committee are to keep confidential the name of the complainant, except as required by law.

As a guide estate staff will undertake the following breach procedure:

1. Alleged non-compliance (breach) is identified or reported to the Manager and the estate team carries out an inspection. 2. Where a breach has been confirmed the Lot owner/resident is issued with a non-compliance courtesy notice (yellow card or letter) and must rectify the non-compliance in accordance with the breach process. At this stage it is important if you feel the breach is not valid, need more time to comply or need further information please contact one of the team at the centre to discuss. 3. If upon a re-inspection a breach is not rectified, owner/resident is issued with Letter of Demand including an $80 fee recovery and must rectify the breach in 14 days. This fee covers the cost of administering the process.

6. If further action required, the owner/resident is issued with a Notice to Rectify a Breach (Section 155 of the “Act”) and has 28 days to rectify the breach. 7. If breach is not rectified in 28 days, owner/ resident is issued with Final Notice to rectify a breach (Section 157 of the “Act”) and has 28 days to rectify the breach. 8. Breach not rectified after allocated time, the Owners’ Corporation make application at Victorian Civil & Administrative Tribunal to obtain orders enforcing lot holder to rectify breach.

ABOUT FKP FKP is a leading Australian property and investment group. Our strategy of diversification and integration has enabled us to build a comprehensive property portfolio that capitalises on our proven expertise in development, construction, land subdivision, retirement village ownership and management, property investment and asset management. Over more than thirty years our portfolio has grown to include mixed-use, land, retail, residential, retirement, industrial and commercial assets that define how hundreds of thousands of people live, work, retire and invest. All statements of fact or opinion contained in this brochure are given in good faith and are believed to be accurate as at December 2012. Images and dimensions are indicative only and may be subject to change without notice. To the extent permitted by law, FKP Limited ABN 28 010 729 950, its related bodies corporate, directors, employees and agents exclude all liability in respect of any loss arising in any way from reliance on the information contained in this brochure.

At this stage if you require more time to comply or need further information please contact one of the team at the centre to discuss. 4. If breach is not rectified after letter of demand has been issued, owner/resident is called to a Grievance Committee Meeting to be heard as to why the breach has not been rectified. 5. The Grievance Committee decides if further action is to be taken.

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For more information contact: Ownersâ&#x20AC;&#x2122; Corporation Manager Phone 03 9862 3700 or email e nquiry@estatesownerscorp.com.au Land Sale Office & Lifestyle Centre 261 Saltwater Promenade, Point Cook, Victoria 3030 call 1300 357 000 or visit saltwatercoast.com.au