Residents' Obligations
CLICK FOR DEED
On entering our village you sign a contract that includes "The Village Scheme and The Residency Deed". You have a primary obligation to read, understand and abide by this contract between you, other residents and the Manager.
Mostly, these are similar obligations you would have living in any suburban house. Our closer living requires that we observe these obligations in order to get along with one another.
Do remember that you do not own the particular villa or apartment that you occupy, and therefore have no right to make changes to it without the prior agreement of the Manager. It is part of the Purple Title that you own.
Mostly, these are similar obligations you would have living in any suburban house. Our closer living requires that we observe these obligations in order to get along with one another.
Do remember that you do not own the particular villa or apartment that you occupy, and therefore have no right to make changes to it without the prior agreement of the Manager. It is part of the Purple Title that you own.
Deed Extracts
5.1 Use of Villa: You may only use the Villa as a residence.
5.2 Right to Use the Common Areas and the Village Centre: We and the Developer grant to you the right, in common with the Other Residents, to use the Common Areas and the Village Centre with the exception of any area set aside by the Manager from time to time in accordance with Clause 4.9.
5.3 Not Cause Nuisance or Damage: You must not do anything in or about the Villa or the Village that causes or may cause annoyance, grievance, damage or disturbance to the Other Residents, persons lawfully in the Village or the occupiers or owners of any nearby land.
5.2 Right to Use the Common Areas and the Village Centre: We and the Developer grant to you the right, in common with the Other Residents, to use the Common Areas and the Village Centre with the exception of any area set aside by the Manager from time to time in accordance with Clause 4.9.
5.3 Not Cause Nuisance or Damage: You must not do anything in or about the Villa or the Village that causes or may cause annoyance, grievance, damage or disturbance to the Other Residents, persons lawfully in the Village or the occupiers or owners of any nearby land.
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5.4 Keep Villa in Good Repair: You must keep and maintain: [excluding replacement]
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5.5 Use of Plumbing Fixtures, Power and Gas: You may only use the Plumbing Fittings for the purposes for which they were installed. You must not use any form of light, power or heat except that generated by electric current or gas supplied through installed meters. Auxiliary power or lighting (except exposed flame) may be used during power failures or restrictions. [Note that the Manager agrees that bottled gas may be used with outdoor barbeques (see RC-20110411-Minutes)]
5.6 Storage of Rubbish: You must keep all rubbish and recyclable materials in proper containers and arrange for its regular removal from the Villa.
5.7 Keep Pest Free: You must take all reasonable precautions to keep the Villa free of pests. If you do not keep the Villa free of pests, then we may arrange for a pest exterminator to enter the Villa and do all things necessary to exterminate pests. You must at any reasonable time allow the pest exterminator that we have arranged to have access to the Villa. We may require, at our discretion, that you pay the exterminator’s fee if you have not kept the Villa free of pests.
5.8 Not Cause Notices to Issue: You must ensure that the Villa is not used in a way which results in any authority issuing or being entitled to issue any notice, including but not limited to, a notice requiring structural alterations or repairs to be made to any part of the Villa.
5.9 Comply with Legal Requirements: You must comply with all laws that affect the Villa, including any notices and orders issued in respect of the Villa or its allowed use that have been issued by an authority having jurisdiction and always keep us indemnified in respect of all such laws, notices or orders.
5.10 Report and Deal with Infectious Illness: If any infectious illness occurs in the Villa, you must immediately notify us and the proper public authorities. In this event, you must, at your cost, thoroughly fumigate and disinfect the Villa to both our and the public authorities' satisfaction and comply with their lawful requirements.
5.11 Give Notice of Damage to Manager: You must give us prompt written notice of:
5.14 No Installations Without Consent: You must not, without our written consent, install or have installed on, in, or about the Villa:
5.15 No Awning Without Consent: You must not, without our written consent, attach or allow to be attached, an awning or similarattachment to the exterior of the Villa.
5.16 No Alterations: You must not, without our written consent, make structural alterations or additions to the Villa,or interfere with the fittings and the Plumbing Fittings.
5.17 Observe Rules: You must always observe and comply with the Rules. If you do not, you will be breach of this covenant.
5.18 Remove Property When Occupation Ceases: On or before termination of your occupation of the Villa, you may remove from it all fixtures, fittings and equipment that you installed, without causing any substantial damage to the Villa and you must repair any damage caused to the Villa by such removals.
6.1 Resident’s Contribution Payable: From the date that you settle your purchase of the Estate or the date on which you obtain possession of the Estate (whichever is the earlier) until the date that you part with possession of the Estate, you must pay the Resident’s Contribution monthly in advance, the first and last payments being adjusted pro rata as necessary for periods of less than a month respectively. In respect of a Boarder, the applicable Resident’s Contribution due under Clause 7.1(c) must be paid until the date the Boarder ceases to be a Boarder and this is notified to us.
7.1 No Sale or Subletting Except on Certain Conditions: You must not sell, transfer, sublet or part with the possession of the Villa or this Deed or any estate or interest in the Estate to any person except in accordance with the provisions of Clause 7.
7.7 Procedure on Sale: (a) You must apply for approval of the proposed sale by sending a written notice to us ("Application Form") which supplies details of the Prospective Resident together with a Standard Contract duly signed by the Prospective Resident as purchaser.
7.8 Procedure on Settlement: On settlement of the sale of your Estate, you must, based on figures calculated by us:
7.10 Costs Payable by Resident: You must pay all costs and fees payable on the sale of your Estate, including salescommission, legal costs, government charges and Titles Office fees.
10.1 Resident Unable to Provide Own Care: If [Village Management] consider you are incapable of maintaining (or adequately providing for) your safety, health or hygiene, you must agree for [Village Management] to engage a qualified medical practitioner to provide [Village Management] with a full written report on your condition. At 10.2 you may be required to move out if the report says you are incapable.
14 Defaults: if you fail to comply with the Deed for a period exceeding 28 days, then Village Management can advise you that it is applying to the SAT to terminate your residency. Such action is at your expense.
18.3 Resident Indemnity: You must always indemnify the Developer and us from and against all loss and damage to the Villa and to all property in the Villa caused by you or your Visitors, Guest, Boarder or Tenant.
18.5 Resident Not to Affect Insurance: You must not bring, do, or allow to be done any act, matter, or thing upon the Villa, or keep anything in the Villa, which may:
19.3 Not to permit Prior Charges: Without the written consent of the Developer and us, you must not permit any subsequent mortgage, charge or encumbrance against the Estate to have priority to or rank equally with the charge created by Clause 19.1.
19.5 Rates and Taxes: You must pay all council rates, water and sewerage rates and charges, taxes, assessments and outgoings levied, charged or payable in respect of the Estate.
5.6 Storage of Rubbish: You must keep all rubbish and recyclable materials in proper containers and arrange for its regular removal from the Villa.
5.7 Keep Pest Free: You must take all reasonable precautions to keep the Villa free of pests. If you do not keep the Villa free of pests, then we may arrange for a pest exterminator to enter the Villa and do all things necessary to exterminate pests. You must at any reasonable time allow the pest exterminator that we have arranged to have access to the Villa. We may require, at our discretion, that you pay the exterminator’s fee if you have not kept the Villa free of pests.
5.8 Not Cause Notices to Issue: You must ensure that the Villa is not used in a way which results in any authority issuing or being entitled to issue any notice, including but not limited to, a notice requiring structural alterations or repairs to be made to any part of the Villa.
5.9 Comply with Legal Requirements: You must comply with all laws that affect the Villa, including any notices and orders issued in respect of the Villa or its allowed use that have been issued by an authority having jurisdiction and always keep us indemnified in respect of all such laws, notices or orders.
5.10 Report and Deal with Infectious Illness: If any infectious illness occurs in the Villa, you must immediately notify us and the proper public authorities. In this event, you must, at your cost, thoroughly fumigate and disinfect the Villa to both our and the public authorities' satisfaction and comply with their lawful requirements.
5.11 Give Notice of Damage to Manager: You must give us prompt written notice of:
- (a) any structural damage to, or defect or need for repair in, any services to or fittings in the Villa, except matters within the categories of Excluded Maintenance; and
- (b) any circumstances likely to be (or cause) any danger, risk or hazard to the Villa or any person in the Villa.
5.14 No Installations Without Consent: You must not, without our written consent, install or have installed on, in, or about the Villa:
- (a) any aerial, antenna, loud speaker, sky light, air conditioner or device likely to be heard or seen from outside the Villa; or
- (b) any device that does or may interfere with any emergency call system installed within the Village. If we consider it appropriate, having regard to the interests of the Village and the rights orinterests of the Other Residents, we may withdraw our consent at any time. If any installation ismade without our consent, we may obtain access to the Villa and remove the offending item at your cost.
5.15 No Awning Without Consent: You must not, without our written consent, attach or allow to be attached, an awning or similarattachment to the exterior of the Villa.
5.16 No Alterations: You must not, without our written consent, make structural alterations or additions to the Villa,or interfere with the fittings and the Plumbing Fittings.
5.17 Observe Rules: You must always observe and comply with the Rules. If you do not, you will be breach of this covenant.
5.18 Remove Property When Occupation Ceases: On or before termination of your occupation of the Villa, you may remove from it all fixtures, fittings and equipment that you installed, without causing any substantial damage to the Villa and you must repair any damage caused to the Villa by such removals.
6.1 Resident’s Contribution Payable: From the date that you settle your purchase of the Estate or the date on which you obtain possession of the Estate (whichever is the earlier) until the date that you part with possession of the Estate, you must pay the Resident’s Contribution monthly in advance, the first and last payments being adjusted pro rata as necessary for periods of less than a month respectively. In respect of a Boarder, the applicable Resident’s Contribution due under Clause 7.1(c) must be paid until the date the Boarder ceases to be a Boarder and this is notified to us.
7.1 No Sale or Subletting Except on Certain Conditions: You must not sell, transfer, sublet or part with the possession of the Villa or this Deed or any estate or interest in the Estate to any person except in accordance with the provisions of Clause 7.
- (a) If the Villa is a single bedroom Villa, you may only permit one person to reside with you in the Villa.
- If the Villa is either a single bedroom Villa with a study or a two bedroom Villa, you may permit up to two persons to reside with you in the Villa.
- If the Villa is either a two bedroom Villa with a study or a three bedroom Villa, then you may permit up to three persons to reside with you in the Villa ...
- ... Residents must advise us when they have a Guest who may become a Boarder and when they have a Boarder who ceases to become a Boarder.
- (d) You must ensure that a Boarder or Guest ceases residing in the Villa when the Advisory Board gives you a written request for the Boarder or Guest to do so.
7.7 Procedure on Sale: (a) You must apply for approval of the proposed sale by sending a written notice to us ("Application Form") which supplies details of the Prospective Resident together with a Standard Contract duly signed by the Prospective Resident as purchaser.
7.8 Procedure on Settlement: On settlement of the sale of your Estate, you must, based on figures calculated by us:
- (a) pay to the Developer the Deferred Facilities Fee, calculated in accordance with
- Schedule 6;
- (b) then pay the Refurbishment and Improvements Contribution calculated in accordance with Schedule 6;
- (c) then pay all monies owed by you (if any) under this Deed whether for arrears of the monthly Resident’s Contribution, fees, charges or otherwise including monies payable pursuant to Clause 7.6(i);
- (d) then pay all other monies owed by you to any other person in respect of the sale ofyour Estate that are still unpaid.
7.10 Costs Payable by Resident: You must pay all costs and fees payable on the sale of your Estate, including salescommission, legal costs, government charges and Titles Office fees.
10.1 Resident Unable to Provide Own Care: If [Village Management] consider you are incapable of maintaining (or adequately providing for) your safety, health or hygiene, you must agree for [Village Management] to engage a qualified medical practitioner to provide [Village Management] with a full written report on your condition. At 10.2 you may be required to move out if the report says you are incapable.
14 Defaults: if you fail to comply with the Deed for a period exceeding 28 days, then Village Management can advise you that it is applying to the SAT to terminate your residency. Such action is at your expense.
18.3 Resident Indemnity: You must always indemnify the Developer and us from and against all loss and damage to the Villa and to all property in the Villa caused by you or your Visitors, Guest, Boarder or Tenant.
18.5 Resident Not to Affect Insurance: You must not bring, do, or allow to be done any act, matter, or thing upon the Villa, or keep anything in the Villa, which may:
- (a) invalidate, or make liable to invalidation, any insurance policies taken out pursuant to this Deed; or
- (b) increase the premium payable on any such insurance policies.
19.3 Not to permit Prior Charges: Without the written consent of the Developer and us, you must not permit any subsequent mortgage, charge or encumbrance against the Estate to have priority to or rank equally with the charge created by Clause 19.1.
19.5 Rates and Taxes: You must pay all council rates, water and sewerage rates and charges, taxes, assessments and outgoings levied, charged or payable in respect of the Estate.
SCHEDULE 1
HARBOURSIDE VILLAGE MINDARIE
EXCLUDED MAINTENANCE
The following categories of maintenance or repairs [but not replacement] are your responsibility and cost:
1. Maintenance and repair of all surfaces, fixtures and fittings located inside the Villa including but not limited to:
2. Maintenance and repair of the following external surfaces, fixtures and fittings located outside, but still forming part of, the Villa:
3. Maintenance and repairs to any improvements either internal or external made by you to the Villa or its surrounds.
4. The Plumbing Fittings.
1. Maintenance and repair of all surfaces, fixtures and fittings located inside the Villa including but not limited to:
- ceiling extractor fans;
- light fittings;
- kitchen extractor fans;
- kitchen stove;
- other internal appliances;
- internal painting;
- internal tiling;
- maintenance and replacement of floor coverings;
- air-conditioning equipment.
2. Maintenance and repair of the following external surfaces, fixtures and fittings located outside, but still forming part of, the Villa:
- clothes lines;
- light fittings;
- air-conditioning equipment;
- pergola;
- hot water heater;
- paving and tiling to private court-yards;
- window shutters;
- garage/carport roller door.
3. Maintenance and repairs to any improvements either internal or external made by you to the Villa or its surrounds.
4. The Plumbing Fittings.