Untitled Document

OWNERS & RESIDENTS GUIDE

Introduction

Welcome to Buckingham Estate. This Guide is an attempt to draw together all you need to know about how the estate operates. Suggestions for future editions are welcome and should be sent to the Executive Committee

Who are we?

The Buckingham Community Association is similar to a body corporate in relation to a block of units or townhouses. It is established under the NSW Community Land Management Act 1989 and is represented by an Executive Committee consisting of owners within the estate who are elected to that committee at the annual general meeting. The Executive Committee is tasked with running the estate on your behalf and ensuring that guidelines and covenants are adhered to. The Community Association also engages a managing agent to undertake many administrative and financial tasks.

The basic framework

The estate was developed under the NSW Community Land Development Act 1989 and is run in accordance with the Community Land Management Act 1989. A management statement, required under the Community Land Development Act, sets out the various features of the scheme, which operate as enforceable by-laws, and covenants. These by-laws and covenants are in place to allow for the harmonious existence of all residents and to ensure the compatibility of all development with the rural character of the estate. They can, however, be changed by a special majority of the Community Association. They are summarised briefly in the Estate Rules. It is extremely important that all prospective buyers obtain and read the management statement. Copies are available from the Executive Committee or through your solicitor prior to purchase.

The annual general meeting is the occasion for issues of major significance to be determined democratically by all members. Day to day matters are generally handled by the Executive Committee, elected at that meeting, and by smaller subcommittees and working groups. Please feel free to contact any member of the Executive Committee if you have any questions about the estate. It may be helpful to discuss your development plans with a member of the committee so that you are aware of the processes and timeframes for approval of development applications. Volunteers are also most welcome at any time to participate in the various subcommittees.

The Executive Committee meets regularly, usually in the Community Hall, and the next meeting date can be found in the minutes of the last executive meeting. The committee welcomes any owners or prospective buyers to its meetings and we look forward to your participation.

Purchasing in Buckingham is more than an investment. It is a lifestyle decision-and, we think, a good one!

ESTATE RULES

These by-laws are summarised from the management statement.

The owner or resident of a community lot WILL NOT:

Construct a bore on it;

Construct a dam on it without the written consent of the Community Association;

Either divert the flow of water over it or plant or permit plants to grow so as to adversely affect water control of the community scheme, except with the written consent of the Community Association;

Either erect a temporary structure on it or reside in such structure or caravan without the written consent of the Community Association;

Denude it or damage any part of the water reticulation system of the community scheme;

Permit overhead powerlines to be erected or remain on it without the written consent of the Community Association;

Pollute the water supply of the community scheme;

Construct a house on it with a gross floor area (including garages, decks, carports and verandahs) of less than 120 square metres;

Keep hoofed animals (other than horses, cattle and sheep) on it;

Keep a stallion on it;

Allow more than 2 saddle horses to be kept on it;

Keep more than 2 dogs on it;

Keep more than one sheep on it;

Use it for animal breeding;

Construct a shed on it:

Of highly reflective material;

Having a gross floor area exceeding 200 square metres; or

Being more than 4 metres in height;

Use it for commercial purposes without the consent of Yarrowlumla Council;

Construct stables or other protective accommodation for animals on it in a position which would adversely affect the quiet enjoyment of another lot in the community scheme;

Construct a driveway on it with a gradient exceeding 1 in 6 without the approval of Yarrowlumla Council;

Store unsightly garbage on it;

Keep a vehicle of over 3 tonnes carrying capacity on it without the consent of the Community Association;

Keep a trail bike or unregistered motor vehicle on it without the written consent of the Executive Committee;

Ride or allow to be ridden a trail or mini-bike on it (but note that a trail or mini-bike may be walked from a lot to the edge of the estate).

The owner or resident of a community lot WILL on it:

Maintain boundary fences to a standard sufficient to prevent animals from passing to and from it;

Properly maintain and use an effluent treatment system approved by Yarrowlumla Council;

Provide for collection of roof water and storage to any Council-approved minimum standard;

Construct a single entrance to an access way in a position and to a design approved by Yarrowlumla Council;

Construct all improvements of new or as new materials in accordance with plans and specifications and in a position approved by the Community Association and by Yarrowlumla Council;

Provide approved stable accommodation for each horse kept; and

Accommodate all vehicles, trailers and horsefloats in approved carports, garages or screened areas.

The community property MAY NOT be used:

For motorised boats;

For the depositing of rubbish, except in a receptacle provided by the Community Association for the purpose;

for riding trail or mini-bikes.

Design & Siting Applications

When is an application required?

You need Executive Committee approval for all buildings and other improvements on your lot. (You will also need Council approval for some improvements.) To facilitate the approval process, a subcommittee has been formed to appraise all applications and make recommendations to the Executive Committee.

Purpose of the subcommittee

The purpose of the Design and Siting Review Subcommittee is to examine all applications for approval of buildings and other improvements on lots within the estate and to make recommendations to the Executive Committee about the proposals' compliance with the management statement and compatibility with the rural character and landscape of the estate.

What information needs to be provided?

You should provide the following information with each application:

1. Name of property owner/lessee

2. Lot no. and location

3. Description of proposal including size, mass, materials and colours

4. Site plan showing location relative to site boundaries and services (electricity, water, telephone)

5. Description of impact on surrounding lots and from the road (for example, the impact may be visual or in relation to noise or traffic etc.)

6. Proposed landscaping etc. (if known) to soften impact

What criteria will be used to assess my application?

The subcommittee and the Executive Committee will use the following criteria to assess proposals:

1. Does the proposal comply with the management statement as follows?

house (including garages, decks, carports and verandahs) to have a gross floor area not less than 120 square metres;

sheds to be built of non-highly reflective materials, to have a gross floor area not greater than 200 square metres and to be not more than 4 metres in height;

driveways to have a gradient not exceeding 1 in 6, with a single entrance subject to Council approval;

all constructions to use new or as new materials;

each horse kept on a lot to be provided with stable accommodation, and stables or other protective accommodation must not interfere with another lot owner's quiet enjoyment;

vehicles, trailers and horsefloats to be accommodated in carports, garages or screened areas.

2. Does the proposal comply with the architectural guidelines within the management statement?

Improvements will be approved if, in the opinion of the Executive Committee, they:

do not unreasonably affect the water supply of the community scheme;

comply with the relevant by-laws (see 1. above);

are located to maximise natural advantages of a lot and do not unreasonably affect the enjoyment of any adjoining lot or the community property;

are not constructed of uncoated zincallume sheet metal or other highly reflective material;

are set back at least 10 metres from an access way;

if they comprise a water tank-are located in-ground as far as practicable and screened from sight.

Where do I lodge an application?

You should send your application (with supporting documentation) to:

Buckingham Community Association Executive Committee

C/- Ms Jan Browne

Ian McNamee & Partners Pty Ltd

PO Box 500

Queanbeyan NSW 2620

If your application is received not less than 7 days before an Executive Committee meeting, the subcommittee will review it in time for consideration by the Executive Committee at that meeting. Applications received after that time will be considered at the following Executive Committee meeting. The Executive Committee meets approximately monthly, or as required.

What recommendations may be made?

The subcommittee will make one of the following recommendations to the Executive Committee:

ACCEPT

ACCEPT IN PRINCIPLE-further information or amendments required

REJECT

If the proposal has a significant impact on neighbours or the community property, the Executive Committee may wish to meet with you on site to discuss the proposal.

Who is on the subcommittee?

The 3 members of the subcommittee are members of the Community Association who have built, or are in the process of building, on the estate.

Water Usage

One of the biggest challenges for us as a community is to manage the community water supply so that all members have equitable access to it.

The community water comes from two bores located in the central area of the community property. (NB in 2002 after several sites were considered a third bore was located in stage two) Water is stored in three 26,000-gallon tanks on Stage 1. One half of one of those tanks is reserved exclusively for emergency use in the case of fire. A pressure pump delivers water to each lot. The system is checked regularly and a contractor carries out appropriate maintenance.

The Community Association has set a daily water allowance of 1500 litres per lot. Water usage is metered and meter readings are taken at approximately quarterly intervals. Any excess water usage over the metered period is subject to an excess water charge. Currently : To allow for establishment of gardens with new houses, there is no charge until the meter reaches 300 kilolitres, after this 100 k/l per year is covered by levies.

2003 Water Rates

For water in excess of 100 k/l and less than 200 k/l the excess charge is $1.00 k/l; For water in excess of 200 k/l and less than 300 k/l the excess charge is $2.00 k/l ; For water in excess of 300 k/l the charge is $4.00 k/l .

Close monitoring over a significant period has demonstrated that this rate accurately reflects the cost of providing the water. A major component of that cost is electricity for, and maintenance of, the bore and pressure pumps. Owners and residents are informed in writing of their water usage after each quarterly reading.

The Executive Committee has established a water subcommittee so that there is a core group of people on the estate with a reasonable knowledge of the system.

The subcommittee has organised a briefing session on the pumps and has prepared a map of fire hydrants in the system.

The Executive Committee would appreciate lot owners maintaining the area around the fire hydrants in accordance with the allocations of lots to hydrants shown on the map. It is also important that the area around your meter boxes is kept clear and accessible so that readings may be done quickly and safely.

Additional above-ground tanks

The Community Association has resolved to grant consent to all owners for the installation of an above ground water tank, not exceeding 3,600 gallons (16,000 litres), subject to individual approval after a successful design and siting review application (see page 6) and the following conditions:

· to be sited adjacent to, or as near as practicable to, other Association approved buildings;

· to be sited with as little impact on neighbours as possible;

· to be of the same, or similar, colour to adjacent structures;

· to be less than half the size in area of the adjacent structure;

· to be less than the height of the eaves (if any) of the adjacent structure;

· to be screened with plantings or other approved screenings.

Note that these are guidelines only and other proposals may be acceptable provided that they are in keeping with the spirit of minimising the visual impact of such tanks.

Agistment Arrangements

The community property may be used for agistment of owners and residents' stock-subject to the by-laws set out in the management statement. The relevant by-laws are as follows.

The community property may not be used:

by a lot owner to agist more animals than could otherwise be kept on a lot or animals of a type which cannot be kept on a lot;

for fowls, domesticated ducks or geese;

to exercise an animal unless the animal is under a person's supervision and adequate control; or outside daylight hours.

The Community Association may fence off part of the community property for use for agistment of animals ("the agistment paddock") provided:

it does not contain more than one-third of the community property;

it does not prohibit access to a lot;

it does not prevent access by a lot to the balance of the community property;

it does not contain the largest dam on the community property;it is not used for the agistment of animals other than cattle and/or horses;

the fencing is of materials usually used for containing the type of animals to be agisted.

The agistment paddock may be moved from time to time.

The Community Association may, in its absolute discretion, permit a person who is not a member of the Association to agist animals in the agistment paddock (the commercial agistment area) if it is fenced off from the balance of the agistment paddock with materials of a type usually used for containing the type of animals to be agisted.

The commercial agistment area may be moved from time to time.

The Community Association has adopted the following guidelines for the use of agistment areas:

all stock using an agistment area must be registered with the area manager for Stage 1 or Stage 2/3;

the area managers are responsible for recording all stock and owner details;

the area managers are responsible for paddock allocation and rotation in accordance with the pasture management program;

a lot owner who introduces livestock to the estate must make every effort to ensure the stock is disease-free;

all agisted stock must be checked regularly by someone responsible for their well-being;

it is the owner's responsibility to ensure that all livestock is kept in good condition and this includes ensuring adequate food and water supplies;

the owner is responsible for any vet bills incurred on his or her behalf in case of emergency when he or she cannot be contacted;

lot owners may not sub-let an agistment area;

the owner is responsible for drenching his or her livestock;

any problems must be reported to the area manager.

Using the Community Hall

Hiring the hall

Buckingham Community Hall is available for hire by Buckingham Community Association members for functions, provided that a member is present throughout the function.

Copyright BCA 2006

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