Covenants of the Resident. The Resident undertakes and agrees: 9.1. To use the Accommodation Villa/Apartment for residential purposes only and to observe all relevant legislation in connection with such use. 9.2. Not to do any act or thing which may interfere with the reasonable peace, comfort or privacy of another resident of the Retirement Village. 9.3. To observe the by-laws, rules or regulations (if any) of the Retirement Village that may be made from time to time by the Scheme Operator, or by residents pursuant to section 130 of the Act (if any such by-laws, rules or regulations exist for the Retirement Village when the PCD is given to the Resident, they are set out in Attachment 5). 9.4. Not to make any alterations or additions, whether structural or otherwise, to the Accommodation Villa/Apartment or the fixtures and fittings therein without the prior written consent of the Scheme Operator. Without limitation, this includes an obligation not to xxxx or drive screws or nails into or otherwise damage or deface the walls and ceilings of the Accommodation Villa/Apartment without the Scheme Operator’s consent. Picture hooks are allowed and can be provided through a maintenance request. 9.5. Unless otherwise agreed, not to remove, damage, destroy or otherwise deal with any alterations or additions to the Accommodation Villa/Apartment at the termination of this Contract, and not to claim compensation from either the Scheme Operator or the new resident in relation to the alterations or additions. 9.6. To maintain the interior of the Accommodation Villa/Apartment, all fixtures and fittings therein, the immediate surrounds of the Accommodation Villa/Apartment and all fixtures, fittings, furniture, furnishings, equipment, appliances and other property in, on or attached to the Accommodation Villa/Apartment belonging to the Scheme Operator or the Resident in good order and repair, and to replace those items if they are worn out or cannot reasonably be repaired (including, for example, day-to-day maintenance, replacing broken light bulbs, heating elements and smoke detector batteries, carpet cleaning and repairing and replacing floor coverings). 9.7. To repair or replace any fixtures, fittings, furniture, furnishings, equipment, appliances and other property in, on or attached to the Accommodation Villa/Apartment belonging to the Scheme Operator that is: 9.7.1. damaged by the Resident or any agent, contractor, licensee, invitee or visitor of the Resident; or 9.7.2. subjected to accelerated wear due to the act, omission, negligence or default of the Resident or any agent, contractor, licensee, invitee or visitor of the Resident. 9.8. To notify the Scheme Operator as soon as possible of any: 9.8.1. damage to the Accommodation Villa/Apartment and the fixtures, fittings, equipment, appliances, furniture, furnishings and other property in the Accommodation Villa/Apartment that are provided by the Scheme Operator; and 9.8.2. accident to, or defect in or damage to any cables, pipes or wires supplying services to the Accommodation Villa/Apartment. 9.9. To keep the Accommodation Villa/Apartment, including its exterior and surrounds, clean and free from rubbish, vermin, white ants, insects and pests, including by cleaning windows, removing cobwebs and sweeping patios. 9.10. Not to do or permit anything to be done whereby any insurances relating to the Retirement Village or the Scheme may be rendered void or voidable or the amount of any premium payable for such insurance may be increased. 9.11. Not to install nor permit to install any electrically powered machines or any electrical fittings or installations without the prior written consent of the Scheme Operator. 9.12. To permit the Scheme Operator or its agents or employees at all reasonable times to enter the Accommodation Villa/Apartment to view the state of repair and condition or for any other purpose relating to this Contract. 9.13. To: 9.13.1. permit the Scheme Operator and its employees to enter the Accommodation Villa/Apartment without obstruction or restriction at any time to deal with an emergency; and 9.13.2. pay for all repairs necessary as a result of the Scheme Operator and its employees entering the Accommodation Villa/Apartment to deal with an emergency. 9.14. To pay all charges separately levied or imposed on the Resident in respect of the Accommodation Villa/Apartment. 9.15. To notify of any change in the health or well-being of the Resident which may affect the Resident’s ability to live independently within the Retirement Village or if the Resident contracts an infectious disease to take all action necessary to avoid transmission of disease to the Scheme Operator, its employees or agents and to other residents. The Resident must allow the Scheme Operator, its agents or employees or a person referred to in clause 11.3.3 at all reasonable times to enter the Accommodation Villa/Apartment to assess the level of care required by the Resident. 9.16. To pay for any medical assistance engaged by the Scheme Operator for the Resident if the Resident suddenly becomes ill and to acknowledge that the Scheme Operator may, if the Resident suddenly becomes ill, have the Resident taken from the Accommodation Villa/Apartment to a hospital or other health care facility at the cost of the Resident. 9.17. Not to, without the Scheme Operator’s consent: 9.17.1. store any goods or chattels outside the Accommodation Villa/Apartment except in a place specifically set aside by the Scheme Operator for that purpose; or 9.17.2. use the garage/carport (if any) for purposes other than parking the Resident’s motor vehicle. 9.18. In respect of visitors: 9.18.1. to obtain the prior written consent of the Scheme Operator (which consent must be given in writing and may be given or refused in the Scheme Operator’s absolute discretion) before allowing a visitor to stay overnight in the Accommodation Villa/Apartment for more than 28 days in any 6 month period (whether continuous or not). If the Resident breaches this clause 9.18.1, the Scheme Operator may require the visitor to leave the Retirement Village immediately; 9.18.2. to remain in occupation of the Accommodation Villa/Apartment while visitors are staying in the Accommodation Villa/Apartment; 9.18.3. to ensure that visitors comply with the by-laws, rules or regulations (if any) of the Retirement Village and do not interfere with the rights and enjoyment of other residents of the Retirement Village; 9.18.4. to supervise any of the Resident’s visitors under the age of 16 years when using the Communal Facilities; and 9.18.5. to be responsible for the actions of the Resident’s visitors as if they were the actions of the Resident. If a visitor stays for more than 28 days in any 6 month period, the Resident must pay an Extra Person Charge in accordance with clause 8 of this Contract. 9.19. To only use the Accommodation Villa/Apartment in accordance with the terms outlined in this Contract. 9.20. To co-operate with the Scheme Operator in preserving the gardens and landscaping in the Retirement Village and not to grow in any part of the Retirement Village any species of plants, shrub or tree without obtaining the Scheme Operator’s consent. In relation to any garden beds within the Retirement Village which the Resident and the Scheme Operator agree that the Resident will maintain (“resident gardens”), which are usually located around the perimeter of the Accommodation Villa/Apartment, to: 9.20.1. maintain the resident gardens, including by watering, weeding, pruning, fertilising and other requisites required to keep the resident gardens in good order and appearance; 9.20.2. not plant any vegetation that is noxious or invasive to a building or areas surrounding the resident gardens; 9.20.3. acknowledge that, subject to clause 9.20.4, the Scheme Operator will not provide any services or assistance in managing the resident gardens; and 9.20.4. if the Resident, at any time and for any reason or no reason, decides that the Resident no longer wishes to maintain the resident gardens, to promptly notify the Scheme Operator of the Resident’s decision, in which case the Scheme Operator will assume responsibility for maintaining the resident gardens. 9.21. Not to keep a pet in the Retirement Village without the Scheme Operator’s prior written approval, which (subject to the law) may be granted or refused in the Scheme Operator’s absolute discretion (as at the date the PCD was given to the Resident, the Scheme Operator generally only approves pets which are small birds, small fish, or a cat or dog between 7 – 10kg). 9.22. To comply with any pet policy which the Scheme Operator establishes or amends from time to time (the current pet policy for the Retirement Village is contained in Attachment 4). 9.23. When the Resident is away from the Accommodation Villa/Apartment overnight or for longer periods: 9.23.1. to continue to pay all charges payable under this Contract; 9.23.2. to make arrangements for the Resident’s letterbox to be cleared in the Resident’s absence; and 9.23.3. to notify the Scheme Operator of the Resident’s absence. 9.24. If required for the effective operation of the emergency call system (for example, if the Wi- Fi reception within the Accommodation Villa/Apartment is inconsistent or inadequate for the purpose of the emergency call system), to at all times maintain at the Resident’s expense an operative telephone line and handset in the Accommodation Villa/Apartment connected to the emergency call system. 9.25. To observe the fire safety procedures and non-smoking areas and not to smoke in the bedrooms of the Accommodation Villa/Apartment or near fire or smoke detection equipment. 9.26. Not to place or hang clothes or other articles outside of the Accommodation Villa/Apartment other than on a clothes line in a place approved by the Scheme Operator. 9.27. Not to display, or permit to be displayed, any placard, advertisement or sign in or outside the Accommodation Villa/Apartment or elsewhere at the Retirement Village. 9.28. To comply with all regulations relating to garbage and the position of receptacles of garbage in or about the Accommodation Villa/Apartment or elsewhere in the Retirement Village. 9.29. Not, without the Scheme Operator’s consent, to mortgage, charge or otherwise encumber the Accommodation Villa/Apartment or the Resident’s interest in the Accommodation Villa/Apartment.
Appears in 1 contract
Samples: Residence Contract
Covenants of the Resident. The Resident undertakes and agrees:
9.18.1. To use the Accommodation Villa/Apartment Unit for residential purposes only and to observe all relevant legislation in connection with such use.
9.28.2. Not to do any act or thing which may interfere with the reasonable peace, comfort or privacy of another resident of the Retirement Village.
9.38.3. To observe the by-laws, rules or regulations (if any) of the Retirement Village that may be made from time to time by the Scheme Operator, or by residents pursuant to section 130 of the Act (if any such by-laws, rules or regulations exist for the Retirement Village when the PCD is given to the Resident, they are set out in Attachment 5).
9.48.4. Not to make any alterations or additions, whether structural or otherwise, to the Accommodation Villa/Apartment Unit or the fixtures and fittings therein without the prior written consent of the Scheme Operator.
8.5. Without limitationSubject to the Act, this includes an obligation not to xxxx remove and make good any such alterations or drive screws or nails into or otherwise damage or deface the walls and ceilings of the Accommodation Villa/Apartment without additions, if the Scheme Operator’s consent. Picture hooks are allowed and can be provided through a maintenance request.
9.5. Unless otherwise agreedOperator so requires, not to remove, damage, destroy or otherwise deal with any alterations or additions to the Accommodation Villa/Apartment at the termination of this Contract, and not to claim compensation from either the Scheme Operator or the new resident in relation to the alterations or additions.
9.68.6. To maintain the interior of the Accommodation Villa/ApartmentUnit, all fixtures and fittings therein, the immediate surrounds of the Accommodation Villa/Apartment Unit and all fixtures, fittings, furniture, furnishings, equipment, equipment and appliances and other property in, on or attached to the Accommodation Villa/Apartment Unit belonging to the Scheme Operator or the Resident in good order and repair, and to replace those items if they are worn out or cannot reasonably be repaired (including, for example, day-to-day maintenance, replacing broken light bulbs, heating elements and smoke detector batteries, carpet cleaning and repairing and replacing floor coverings).
9.78.7. To repair or replace any fixturesfixtures or fittings in the Accommodation Unit, fittings, or any furniture, furnishings, equipment, equipment or appliances and other property in, on or attached to the Accommodation Villa/Apartment belonging to the Scheme Operator that is:
9.7.1. damaged by the Resident or any agent, contractor, licensee, agent or invitee or visitor of the Resident; or
9.7.2. subjected to accelerated wear due to the act, omission, negligence or default of the Resident or any agent, contractor, licensee, invitee or visitor of the Resident.
9.88.8. To notify the Scheme Operator as soon as possible of any:
9.8.1. damage to the Accommodation Villa/Apartment and the fixtures, fittings, equipment, appliances, furniture, furnishings and other property in the Accommodation Villa/Apartment that are provided by the Scheme Operator; and
9.8.2. accident to, or any defect in or damage to any cables, pipes or wires supplying services to the Accommodation Villa/ApartmentUnit.
9.98.9. To keep the Accommodation Villa/ApartmentUnit, including its exterior and surrounds, clean and free from rubbish, vermin, white ants, insects and pests, including by cleaning windows, removing cobwebs and sweeping patios.
9.108.10. Not to do or permit anything to be done whereby any insurances relating to the Retirement Village or the Scheme may be rendered void or voidable or the amount of any premium payable for such insurance may be increased.
9.118.11. Not to install nor permit to install any electrically powered machines or any electrical fittings or installations without the prior written consent of the Scheme Operator.
9.128.12. To permit the Scheme Operator or its agents or employees at all reasonable times to enter the Accommodation Villa/Apartment Unit to view the state of repair and condition or for any other purpose relating to this Contract.
9.13. To:
9.13.1. permit the Scheme Operator and its employees to enter the Accommodation Villa/Apartment without obstruction or restriction at any time to deal with an emergency; and
9.13.2. pay for all repairs necessary as a result of the Scheme Operator and its employees entering the Accommodation Villa/Apartment to deal with an emergency.
9.148.13. To pay all charges separately levied or imposed on the Resident in respect of the Accommodation Villa/ApartmentUnit.
9.158.14. To notify of any change in the health or well-being of the Resident which may affect the Resident’s ability to live independently within the Retirement Village or if the Resident contracts an infectious disease to take all action necessary to avoid transmission of disease to the Scheme Operator, its employees or agents and to other residents. The Resident must t o allow the Scheme Operator, its agents or employees or a person referred to in clause 11.3.3 10.3.3 at all reasonable times to enter the Accommodation Villa/Apartment Unit to assess the level of care required by the Resident.
9.168.15. To pay for any medical assistance engaged by the Scheme Operator for the Resident if the Resident suddenly becomes ill and to acknowledge that the Scheme Operator may, if the Resident suddenly becomes ill, have the Resident taken from the Accommodation Villa/Apartment to a hospital or other health care facility at the cost of the Resident.
9.17. Not to, without the Scheme Operator’s consent:
9.17.1. store any goods or chattels outside the Accommodation Villa/Apartment except in a place specifically set aside by the Scheme Operator for that purpose; or
9.17.2. use the garage/carport (if any) only for purposes other than the purpose of parking the Resident’s motor vehiclevehicle or for storage of belongings.
9.188.16. In respect of visitors:
9.18.18.16.1. to obtain the prior written consent of the Scheme Operator (which consent must be given in writing and may be given or refused in the Scheme Operator’s absolute discretion) before allowing a visitor to stay overnight in the Accommodation Villa/Apartment Unit for more than 28 7 continuous days or for more than 21 days in any 6 3 month period (whether continuous or not). If the Resident breaches this clause 9.18.18.16.1, the Scheme Operator may require the visitor to leave the Retirement Village immediately;
9.18.2. to remain in occupation of the Accommodation Villa/Apartment while visitors are staying in the Accommodation Villa/Apartment;
9.18.3. to ensure that visitors comply with the by-laws, rules or regulations (if any) of the Retirement Village and do not interfere with the rights and enjoyment of other residents of the Retirement Village;
9.18.48.16.2. to supervise any of the Resident’s visitors under the age of 16 years when using the Communal Facilities; and;
9.18.58.16.3. to be responsible for the actions of the Resident’s visitors as if they were the actions of the Resident. If a visitor stays for more than 28 days in any 6 month period, the Resident must pay an Extra Person Charge in accordance with clause 8 of this Contract.
9.198.17. To only use the Accommodation Villa/Apartment Unit in accordance with the terms outlined in this Contract.
9.20. To co-operate with the Scheme Operator in preserving the gardens and landscaping in the Retirement Village and not to grow in any part of the Retirement Village any species of plants, shrub or tree without obtaining the Scheme Operator’s consent8.18. In relation to any garden beds within the Retirement Village which the Resident and the Scheme Operator agree that the Resident will maintain (“resident gardens”), which are usually located around the perimeter of the Accommodation Villa/ApartmentUnit, to:
9.20.18.18.1. maintain the resident gardens, including by watering, weeding, pruning, fertilising and other requisites required to keep the resident gardens in good order and appearance;
9.20.28.18.2. not plant any vegetation that is noxious or invasive to a building or areas surrounding the resident gardens;
9.20.38.18.3. acknowledge that, subject to clause 9.20.48.18.4, the Scheme Operator will not provide any services or assistance in managing the resident gardens; and
9.20.48.18.4. if the Resident, at any time and for any reason or no reason, decides that the Resident no longer wishes to maintain the resident gardens, to promptly notify the Scheme Operator of the Resident’s decision, in which case the Scheme Operator will assume responsibility for maintaining the resident gardens.
9.218.19. Not to keep a pet in the Retirement Village without the Scheme Operator’s prior written approval, which (subject to the law) may be granted or refused in the Scheme Operator’s absolute discretion (as at the date the PCD was given to the Resident, the Scheme Operator generally only approves pets which are small birds, small fish, or a cat or dog between 7 – 10kg).
9.228.20. To comply with any pet policy which the Scheme Operator establishes or amends from time to time (the current pet policy for the Retirement Village is contained in Attachment 4).
9.238.21. When the Resident is away from the Accommodation Villa/Apartment Unit overnight or for longer periods:
9.23.18.21.1. to continue to pay all charges payable under this Contract;; and
9.23.28.21.2. to make arrangements for the Resident’s letterbox to be cleared in the Resident’s absence; and
9.23.3. to notify the Scheme Operator of the Resident’s absence.
9.248.22. If required for the effective operation of the emergency call system (for example, if the Wi- Fi reception within the Accommodation Villa/Apartment Unit is inconsistent or inadequate for the purpose of the emergency call system), to at all times maintain at the Resident’s expense an operative telephone line and handset in the Accommodation Villa/Apartment Unit connected to the emergency call system.
9.258.23. To observe the fire safety procedures and non-smoking areas and not to smoke in the bedrooms of the Accommodation Villa/Apartment or near fire or smoke detection equipment.
9.26. Not to place or hang clothes or other articles outside of the Accommodation Villa/Apartment other than on a clothes line in a place approved by the Scheme Operator.
9.27. Not to display, or permit to be displayed, any placard, advertisement or sign in or outside the Accommodation Villa/Apartment or elsewhere at the Retirement Village.
9.28. To otherwise comply with all regulations relating to garbage and the position of receptacles of garbage in or about obligations imposed on a resident by the Accommodation Villa/Apartment or elsewhere in the Retirement VillageAct.
9.29. Not, without the Scheme Operator’s consent, to mortgage, charge or otherwise encumber the Accommodation Villa/Apartment or the Resident’s interest in the Accommodation Villa/Apartment.
Appears in 1 contract
Samples: Residence Contract
Covenants of the Resident. The Resident undertakes and agrees:
9.18.1. To use the Accommodation Villa/Apartment Unit for residential purposes only and to observe all relevant legislation in connection with such use.
9.28.2. Not to do any act or thing which may interfere with the reasonable peace, comfort or privacy of another resident of the Retirement Village.
9.38.3. To observe the by-laws, rules or regulations (if any) of the Retirement Village that may be made from time to time by the Scheme Operator, or by residents pursuant to section 130 of the Act (if any such by-laws, rules or regulations exist for the Retirement Village when the PCD is given to the Resident, they are set out in Attachment 5).
9.48.4. Not to make any alterations or additions, whether structural or otherwise, to the Accommodation Villa/Apartment Unit or the fixtures and fittings therein without the prior written consent of the Scheme Operator.
8.5. Without limitationSubject to the Act, this includes an obligation not to xxxx remove and make good any such alterations or drive screws or nails into or otherwise damage or deface the walls and ceilings of the Accommodation Villa/Apartment without additions, if the Scheme Operator’s consent. Picture hooks are allowed and can be provided through a maintenance request.
9.5. Unless otherwise agreedOperator so requires, not to remove, damage, destroy or otherwise deal with any alterations or additions to the Accommodation Villa/Apartment at the termination of this Contract, and not to claim compensation from either the Scheme Operator or the new resident in relation to the alterations or additions.
9.68.6. To maintain the interior of the Accommodation Villa/ApartmentUnit, all fixtures and fittings therein, the immediate surrounds of the Accommodation Villa/Apartment Unit and all fixtures, fittings, furniture, furnishings, equipment, equipment and appliances and other property in, on or attached to the Accommodation Villa/Apartment Unit belonging to the Scheme Operator or the Resident in good order and repair, and to replace those items if they are worn out or cannot reasonably be repaired (including, for example, day-to-day maintenance, replacing broken light bulbs, heating elements and smoke detector batteries, carpet cleaning and repairing and replacing floor coverings).
9.78.7. To repair or replace any fixturesfixtures or fittings in the Accommodation Unit, fittings, or any furniture, furnishings, equipment, equipment or appliances and other property in, on or attached to the Accommodation Villa/Apartment belonging to the Scheme Operator that is:
9.7.1. damaged by the Resident or any agent, contractor, licensee, agent or invitee or visitor of the Resident; or
9.7.2. subjected to accelerated wear due to the act, omission, negligence or default of the Resident or any agent, contractor, licensee, invitee or visitor of the Resident.
9.88.8. To notify the Scheme Operator as soon as possible of any:
9.8.1. damage to the Accommodation Villa/Apartment and the fixtures, fittings, equipment, appliances, furniture, furnishings and other property in the Accommodation Villa/Apartment that are provided by the Scheme Operator; and
9.8.2. accident to, or any defect in or damage to any cables, pipes or wires supplying services to the Accommodation Villa/ApartmentUnit.
9.98.9. To keep the Accommodation Villa/ApartmentUnit, including its exterior and surrounds, clean and free from rubbish, vermin, white ants, insects and pests, including by cleaning windows, removing cobwebs and sweeping patios.
9.108.10. Not to do or permit anything to be done whereby any insurances relating to the Retirement Village or the Scheme may be rendered void or voidable or the amount of any premium payable for such insurance may be increased.
9.118.11. Not to install nor permit to install any electrically powered machines or any electrical fittings or installations without the prior written consent of the Scheme Operator.
9.128.12. To permit the Scheme Operator or its agents or employees at all reasonable times to enter the Accommodation Villa/Apartment Unit to view the state of repair and condition or for any other purpose relating to this Contract.
9.13. To:
9.13.1. permit the Scheme Operator and its employees to enter the Accommodation Villa/Apartment without obstruction or restriction at any time to deal with an emergency; and
9.13.2. pay for all repairs necessary as a result of the Scheme Operator and its employees entering the Accommodation Villa/Apartment to deal with an emergency.
9.148.13. To pay all charges separately levied or imposed on the Resident in respect of the Accommodation Villa/ApartmentUnit.
9.158.14. To notify of any change in the health or well-being of the Resident which may affect the Resident’s ability to live independently within the Retirement Village or if the Resident contracts an infectious disease to take all action necessary to avoid transmission of disease to the Scheme Operator, its employees or agents and to other residents. The Resident must allow the Scheme Operator, its agents or employees or a person referred to in clause 11.3.3 10.3.3 at all reasonable times to enter the Accommodation Villa/Apartment Unit to assess the level of care required by the Resident.
9.168.15. To pay for any medical assistance engaged by the Scheme Operator for the Resident if the Resident suddenly becomes ill and to acknowledge that the Scheme Operator may, if the Resident suddenly becomes ill, have the Resident taken from the Accommodation Villa/Apartment to a hospital or other health care facility at the cost of the Resident.
9.17. Not to, without the Scheme Operator’s consent:
9.17.1. store any goods or chattels outside the Accommodation Villa/Apartment except in a place specifically set aside by the Scheme Operator for that purpose; or
9.17.2. use the garage/carport (if any) only for purposes other than the purpose of parking the Resident’s motor vehiclevehicle or for storage of belongings.
9.188.16. In respect of visitors:
9.18.18.16.1. to obtain the prior written consent of the Scheme Operator (which consent must be given in writing and may be given or refused in the Scheme Operator’s absolute discretion) before allowing a visitor to stay overnight in the Accommodation Villa/Apartment Unit for more than 28 7 continuous days or for more than 21 days in any 6 3 month period (whether continuous or not). If the Resident breaches this clause 9.18.18.16.1, the Scheme Operator may require the visitor to leave the Retirement Village immediately;
9.18.2. to remain in occupation of the Accommodation Villa/Apartment while visitors are staying in the Accommodation Villa/Apartment;
9.18.3. to ensure that visitors comply with the by-laws, rules or regulations (if any) of the Retirement Village and do not interfere with the rights and enjoyment of other residents of the Retirement Village;
9.18.48.16.2. to supervise any of the Resident’s visitors under the age of 16 years when using the Communal Facilities; and;
9.18.58.16.3. to be responsible for the actions of the Resident’s visitors as if they were the actions of the Resident. If a visitor stays for more than 28 days in any 6 month period, the Resident must pay an Extra Person Charge in accordance with clause 8 of this Contract.
9.198.17. To only use the Accommodation Villa/Apartment Unit in accordance with the terms outlined in this Contract.
9.20. To co-operate with the Scheme Operator in preserving the gardens and landscaping in the Retirement Village and not to grow in any part of the Retirement Village any species of plants, shrub or tree without obtaining the Scheme Operator’s consent8.18. In relation to any garden beds within the Retirement Village which the Resident and the Scheme Operator agree that the Resident will maintain (“resident gardens”), which are usually located around the perimeter of the Accommodation Villa/ApartmentUnit, to:
9.20.18.18.1. maintain the resident gardens, including by watering, weeding, pruning, fertilising and other requisites required to keep the resident gardens in good order and appearance;
9.20.28.18.2. not plant any vegetation that is noxious or invasive to a building or areas surrounding the resident gardens;
9.20.38.18.3. acknowledge that, subject to clause 9.20.48.18.4, the Scheme Operator will not provide any services or assistance in managing the resident gardens; and
9.20.48.18.4. if the Resident, at any time and for any reason or no reason, decides that the Resident no longer wishes to maintain the resident gardens, to promptly notify the Scheme Operator of the Resident’s decision, in which case the Scheme Operator will assume responsibility for maintaining the resident gardens.
9.218.19. Not to keep a pet in the Retirement Village without the Scheme Operator’s prior written approval, which (subject to the law) may be granted or refused in the Scheme Operator’s absolute discretion (as at the date the PCD was given to the Resident, the Scheme Operator generally only approves pets which are small birds, small fish, or a cat or dog between 7 – 10kg).
9.228.20. To comply with any pet policy which the Scheme Operator establishes or amends from time to time (the current pet policy for the Retirement Village is contained in Attachment 4).
9.238.21. When the Resident is away from the Accommodation Villa/Apartment Unit overnight or for longer periods:
9.23.18.21.1. to continue to pay all charges payable under this Contract;; and
9.23.28.21.2. to make arrangements for the Resident’s letterbox to be cleared in the Resident’s absence; and
9.23.3. to notify the Scheme Operator of the Resident’s absence.
9.248.22. If required for the effective operation of the emergency call system (for example, if the Wi- Fi reception within the Accommodation Villa/Apartment Unit is inconsistent or inadequate for the purpose of the emergency call system), to at all times maintain at the Resident’s expense an operative telephone line and handset in the Accommodation Villa/Apartment Unit connected to the emergency call system.
9.258.23. To observe the fire safety procedures and non-smoking areas and not to smoke in the bedrooms of the Accommodation Villa/Apartment or near fire or smoke detection equipment.
9.26. Not to place or hang clothes or other articles outside of the Accommodation Villa/Apartment other than on a clothes line in a place approved by the Scheme Operator.
9.27. Not to display, or permit to be displayed, any placard, advertisement or sign in or outside the Accommodation Villa/Apartment or elsewhere at the Retirement Village.
9.28. To otherwise comply with all regulations relating to garbage and the position of receptacles of garbage in or about obligations imposed on a resident by the Accommodation Villa/Apartment or elsewhere in the Retirement VillageAct.
9.29. Not, without the Scheme Operator’s consent, to mortgage, charge or otherwise encumber the Accommodation Villa/Apartment or the Resident’s interest in the Accommodation Villa/Apartment.
Appears in 1 contract
Samples: Residence Contract
Covenants of the Resident. The Resident undertakes and agrees:
9.1. To use the Accommodation Villa/Apartment for residential purposes only and to observe all relevant legislation in connection with such use.
9.2. Not to do any act or thing which may interfere with the reasonable peace, comfort or privacy of another resident of the Retirement Village.
9.3. To observe the by-laws, rules or regulations (if any) of the Retirement Village that may be made from time to time by the Scheme Operator, or by residents pursuant to section 130 of the Act (if any such by-laws, rules or regulations exist for the Retirement Village when the PCD is given to the Resident, they are set out in Attachment 5).
9.4. Not to make any alterations or additions, whether structural or otherwise, to the Accommodation Villa/Apartment or the fixtures and fittings therein without the prior written consent of the Scheme Operator. Without limitation, this includes an obligation not to xxxx or drive screws or nails into or otherwise damage or deface the walls and ceilings of the Accommodation Villa/Apartment without the Scheme Operator’s consent. Picture hooks are allowed and can be provided through a maintenance request.
9.5. Unless otherwise agreed, not to remove, damage, destroy or otherwise deal with any alterations or additions to the Accommodation Villa/Apartment at the termination of this Contract, and not to claim compensation from either the Scheme Operator or the new resident in relation to the alterations or additions.
9.6. To maintain the interior of the Accommodation Villa/Apartment, all fixtures and fittings therein, the immediate surrounds of the Accommodation Villa/Apartment and all fixtures, fittings, furniture, furnishings, equipment, appliances and other property in, on or attached to the Accommodation Villa/Apartment belonging to the Scheme Operator or the Resident in good order and repair, and to replace those items if they are worn out or cannot reasonably be repaired (including, for example, day-to-day maintenance, replacing broken light bulbs, heating elements and smoke detector batteries, carpet cleaning and repairing and replacing floor coverings).
9.7. To repair or replace any fixtures, fittings, furniture, furnishings, equipment, appliances and other property in, on or attached to the Accommodation Villa/Apartment belonging to the Scheme Operator that is:
9.7.1. damaged by the Resident or any agent, contractor, licensee, invitee or visitor of the Resident; or
9.7.2. subjected to accelerated wear due to the act, omission, negligence or default of the Resident or any agent, contractor, licensee, invitee or visitor of the Resident.
9.8. To notify the Scheme Operator as soon as possible of any:
9.8.1. damage to the Accommodation Villa/Apartment and the fixtures, fittings, equipment, appliances, furniture, furnishings and other property in the Accommodation Villa/Apartment that are provided by the Scheme Operator; and
9.8.2. accident to, or defect in or damage to any cables, pipes or wires supplying services to the Accommodation Villa/Apartment.
9.9. To keep the Accommodation Villa/Apartment, including its exterior and surrounds, clean and free from rubbish, vermin, white ants, insects and pests, including by cleaning windows, removing cobwebs and sweeping patios.
9.10. Not to do or permit anything to be done whereby any insurances relating to the Retirement Village or the Scheme may be rendered void or voidable or the amount of any premium payable for such insurance may be increased.
9.11. Not to install nor permit to install any electrically powered machines or any electrical fittings or installations without the prior written consent of the Scheme Operator.
9.12. To permit the Scheme Operator or its agents or employees at all reasonable times to enter the Accommodation Villa/Apartment to view the state of repair and condition or for any other purpose relating to this Contract.
9.13. To:
9.13.1. permit the Scheme Operator and its employees to enter the Accommodation Villa/Apartment without obstruction or restriction at any time to deal with an emergency; and
9.13.2. pay for all repairs necessary as a result of the Scheme Operator and its employees entering the Accommodation Villa/Apartment to deal with an emergency.
9.14. To pay all charges separately levied or imposed on the Resident in respect of the Accommodation Villa/Apartment.
9.15. To notify of any change in the health or well-being of the Resident which may affect the Resident’s ability to live independently within the Retirement Village or if the Resident contracts an infectious disease to take all action necessary to avoid transmission of disease to the Scheme Operator, its employees or agents and to other residents. The Resident must allow the Scheme Operator, its agents or employees or a person referred to in clause 11.3.3 at all reasonable times to enter the Accommodation Villa/Apartment to assess the level of care required by the Resident.
9.16. To pay for any medical assistance engaged by the Scheme Operator for the Resident if the Resident suddenly becomes ill and to acknowledge that the Scheme Operator may, if the Resident suddenly becomes ill, have the Resident taken from the Accommodation Villa/Apartment to a hospital or other health care facility at the cost of the Resident.
9.17. Not to, without the Scheme Operator’s consent:
9.17.1. store any goods or chattels outside the Accommodation Villa/Apartment except in a place specifically set aside by the Scheme Operator for that purpose; or
9.17.2. use the garage/carport carport/car parking space (if any) for purposes other than parking the Resident’s motor vehicle.
9.18. In respect of visitors:
9.18.1. to obtain the prior written consent of the Scheme Operator (which consent must be given in writing and may be given or refused in the Scheme Operator’s absolute discretion) before allowing a visitor to stay overnight in the Accommodation Villa/Apartment for more than 28 days in any 6 month period (whether continuous or not). If the Resident breaches this clause 9.18.1, the Scheme Operator may require the visitor to leave the Retirement Village immediately;
9.18.2. to remain in occupation of the Accommodation Villa/Apartment while visitors are staying in the Accommodation Villa/Apartment;
9.18.3. to ensure that visitors comply with the by-laws, rules or regulations (if any) of the Retirement Village and do not interfere with the rights and enjoyment of other residents of the Retirement Village;
9.18.4. to supervise any of the Resident’s visitors under the age of 16 years when using the Communal Facilities; and
9.18.5. to be responsible for the actions of the Resident’s visitors as if they were the actions of the Resident. If a visitor stays for more than 28 days in any 6 month period, the Resident must pay an Extra Person Charge in accordance with clause 8 of this Contract.
9.19. To only use the Accommodation Villa/Apartment in accordance with the terms outlined in this Contract.
9.20. To co-operate with the Scheme Operator in preserving the gardens and landscaping in the Retirement Village and not to grow in any part of the Retirement Village any species of plants, shrub or tree without obtaining the Scheme Operator’s consent. In relation to any garden beds within the Retirement Village which the Resident and the Scheme Operator agree that the Resident will maintain (“resident gardens”), which are usually located around the perimeter of the Accommodation Villa/Apartment, to:
9.20.1. maintain the resident gardens, including by watering, weeding, pruning, fertilising and other requisites required to keep the resident gardens in good order and appearance;
9.20.2. not plant any vegetation that is noxious or invasive to a building or areas surrounding the resident gardens;
9.20.3. acknowledge that, subject to clause 9.20.4, the Scheme Operator will not provide any services or assistance in managing the resident gardens; and
9.20.4. if the Resident, at any time and for any reason or no reason, decides that the Resident no longer wishes to maintain the resident gardens, to promptly notify the Scheme Operator of the Resident’s decision, in which case the Scheme Operator will assume responsibility for maintaining the resident gardens.
9.21. Not to keep a pet any animal or bird in the Accommodation Apartment, or elsewhere in the Retirement Village Village, without the Scheme Operator’s prior written approval, which (subject to the law) may be granted or refused in the Scheme Operator’s absolute discretion (as at the date the PCD was given to the Resident, the Scheme Operator generally only approves pets which are small birds, small fish, or a cat or dog between 7 – 10kg)discretion.
9.22. To comply with all reasonable conditions (including any pet policy which policy) imposed by the Scheme Operator establishes concerning the keeping of any animal or amends from time to time (the current bird. If a pet policy for applies to the Retirement Village is contained as at the date of this Contract, a copy of that pet policy appears in Attachment 4).
9.23. When the Resident is away from the Accommodation Villa/Apartment overnight or for longer periods:
9.23.1. to continue to pay all charges payable under this Contract;
9.23.2. to make arrangements for the Resident’s letterbox to be cleared in the Resident’s absence; and
9.23.3. to notify the Scheme Operator of the Resident’s absence.
9.24. If required for the effective operation of the emergency call system (for example, if the Wi- Fi reception within the Accommodation Villa/Apartment is inconsistent or inadequate for the purpose of the emergency call system), to at all times maintain at the Resident’s expense an operative telephone line and handset in the Accommodation Villa/Apartment connected to the emergency call system.
9.25. To observe the fire safety procedures and non-smoking areas and not to smoke in the bedrooms of the Accommodation Villa/Apartment or near fire or smoke detection equipment.
9.26. Not to place or hang clothes or other articles outside of the Accommodation Villa/Apartment other than on a clothes line in a place approved by the Scheme Operator.
9.27. Not to display, or permit to be displayed, any placard, advertisement or sign in or outside the Accommodation Villa/Apartment or elsewhere at the Retirement Village.
9.28. To comply with all regulations relating to garbage and the position of receptacles of garbage in or about the Accommodation Villa/Apartment or elsewhere in the Retirement Village.
9.29. Not, without the Scheme Operator’s consent, to mortgage, charge or otherwise encumber the Accommodation Villa/Apartment or the Resident’s interest in the Accommodation Villa/Apartment.
Appears in 1 contract
Samples: Residence Contract
Covenants of the Resident. The Resident undertakes and agrees:
9.18.1. To use the Accommodation Villa/Apartment Unit for residential purposes only and to observe all relevant legislation in connection with such use.
9.28.2. Not to do any act or thing which may interfere with the reasonable peace, comfort or privacy of another resident of the Retirement Village.
9.38.3. To observe the by-laws, rules or regulations (if any) of the Retirement Village that may be made from time to time by the Scheme Operator, or by residents pursuant to section 130 of the Act (if any such by-laws, rules or regulations exist for the Retirement Village when the PCD is given to the Resident, they are set out in Attachment 5).
9.48.4. Not to make any alterations or additions, whether structural or otherwise, to the Accommodation Villa/Apartment Unit or the fixtures and fittings therein without the prior written consent of the Scheme Operator.
8.5. Without limitationSubject to the Act, this includes an obligation not to xxxx remove and make good any such alterations or drive screws or nails into or otherwise damage or deface the walls and ceilings of the Accommodation Villa/Apartment without additions, if the Scheme Operator’s consent. Picture hooks are allowed and can be provided through a maintenance request.
9.5. Unless otherwise agreedOperator so requires, not to remove, damage, destroy or otherwise deal with any alterations or additions to the Accommodation Villa/Apartment at the termination of this Contract, and not to claim compensation from either the Scheme Operator or the new resident in relation to the alterations or additions.
9.68.6. To maintain the interior of the Accommodation Villa/ApartmentUnit, all fixtures and fittings therein, the immediate surrounds of the Accommodation Villa/Apartment Unit and all fixtures, fittings, furniture, furnishings, equipment, equipment and appliances and other property in, on or attached to the Accommodation Villa/Apartment Unit belonging to the Scheme Operator or the Resident in good order and repair, and to replace those items if they are worn out or cannot reasonably be repaired (including, for example, day-to-day maintenance, replacing broken light bulbs, heating elements and smoke detector batteries, carpet cleaning and repairing and replacing floor coverings).
9.78.7. To repair or replace any fixturesfixtures or fittings in the Accommodation Unit, fittings, or any furniture, furnishings, equipment, equipment or appliances and other property in, on or attached to the Accommodation Villa/Apartment belonging to the Scheme Operator that is:
9.7.1. damaged by the Resident or any agent, contractor, licensee, agent or invitee or visitor of the Resident; or
9.7.2. subjected to accelerated wear due to the act, omission, negligence or default of the Resident or any agent, contractor, licensee, invitee or visitor of the Resident.
9.88.8. To notify the Scheme Operator as soon as possible of any:
9.8.1. damage to the Accommodation Villa/Apartment and the fixtures, fittings, equipment, appliances, furniture, furnishings and other property in the Accommodation Villa/Apartment that are provided by the Scheme Operator; and
9.8.2. accident to, or any defect in or damage to any cables, pipes or wires supplying services to the Accommodation Villa/ApartmentUnit.
9.98.9. To keep the Accommodation Villa/ApartmentUnit, including its exterior and surrounds, clean and free from rubbish, vermin, white ants, insects and pests, including by cleaning windows, removing cobwebs and sweeping patios.
9.108.10. Not to do or permit anything to be done whereby any insurances relating to the Retirement Village or the Scheme may be rendered void or voidable or the amount of any premium payable for such insurance may be increased.
9.118.11. Not to install nor permit to install any electrically powered machines or any electrical fittings or installations without the prior written consent of the Scheme Operator.
9.128.12. To permit the Scheme Operator or its agents or employees at all reasonable times to enter the Accommodation Villa/Apartment Unit to view the state of repair and condition or for any other purpose relating to this Contract.
9.13. To:
9.13.1. permit the Scheme Operator and its employees to enter the Accommodation Villa/Apartment without obstruction or restriction at any time to deal with an emergency; and
9.13.2. pay for all repairs necessary as a result of the Scheme Operator and its employees entering the Accommodation Villa/Apartment to deal with an emergency.
9.148.13. To pay all charges separately levied or imposed on the Resident in respect of the Accommodation Villa/ApartmentUnit.
9.158.14. To notify of any change in the health or well-being of the Resident which may affect the Resident’s ability to live independently within the Retirement Village or if the Resident contracts an infectious disease to take all action necessary to avoid transmission of disease to the Scheme Operator, its employees or agents and to other residents. The Resident must allow the Scheme Operator, its agents or employees or a person referred to in clause 11.3.3 10.3.3 at all reasonable times to enter the Accommodation Villa/Apartment Unit to assess the level of care required by the Resident.
9.168.15. To pay for any medical assistance engaged by the Scheme Operator for the Resident if the Resident suddenly becomes ill and to acknowledge that the Scheme Operator may, if the Resident suddenly becomes ill, have the Resident taken from the Accommodation Villa/Apartment to a hospital or other health care facility at the cost of the Resident.
9.17. Not to, without the Scheme Operator’s consent:
9.17.1. store any goods or chattels outside the Accommodation Villa/Apartment except in a place specifically set aside by the Scheme Operator for that purpose; or
9.17.2. use the garage/carport (if any) only for purposes other than the purpose of parking the Resident’s motor vehiclevehicle or for storage of belongings.
9.188.16. In respect of visitors:
9.18.18.16.1. to obtain the prior written consent of the Scheme Operator (which consent must be given in writing and may be given or refused in the Scheme Operator’s absolute discretion) before allowing a visitor to stay overnight in the Accommodation Villa/Apartment Unit for more than 28 7 continuous days or for more than 21 days in any 6 3 month period (whether continuous or not). If the Resident breaches this clause 9.18.18.16.1, the Scheme Operator may require the visitor to leave the Retirement Village immediately;
9.18.2. to remain in occupation of the Accommodation Villa/Apartment while visitors are staying in the Accommodation Villa/Apartment;
9.18.3. to ensure that visitors comply with the by-laws, rules or regulations (if any) of the Retirement Village and do not interfere with the rights and enjoyment of other residents of the Retirement Village;
9.18.48.16.2. to supervise any of the Resident’s visitors under the age of 16 years when using the Communal Facilities; and;
9.18.58.16.3. to be responsible for the actions of the Resident’s visitors as if they were the actions of the Resident. If a visitor stays for more than 28 days in any 6 month period, the Resident must pay an Extra Person Charge in accordance with clause 8 of this Contract.
9.198.17. To only use the Accommodation Villa/Apartment Unit in accordance with the terms outlined in this Contract.
9.20. To co-operate with the Scheme Operator in preserving the gardens and landscaping in the Retirement Village and not to grow in any part of the Retirement Village any species of plants, shrub or tree without obtaining the Scheme Operator’s consent8.18. In relation to any garden beds within the Retirement Village which the Resident and the Scheme Operator agree that the Resident will maintain (“resident gardens”), which are usually located around the perimeter of the Accommodation Villa/ApartmentUnit, to:
9.20.18.18.1. maintain the resident gardens, including by watering, weeding, pruning, fertilising and other requisites required to keep the resident gardens in good order and appearance;
9.20.28.18.2. not plant any vegetation that is noxious or invasive to a building or areas surrounding the resident gardens;
9.20.38.18.3. acknowledge that, subject to clause 9.20.48.18.4, the Scheme Operator will not provide any services or assistance in managing the resident gardens; and
9.20.48.18.4. if the Resident, at any time and for any reason or no reason, decides that the Resident no longer wishes to maintain the resident gardens, to promptly notify the Scheme Operator of the Resident’s decision, in which case the Scheme Operator will assume responsibility for maintaining the resident gardens.
9.218.19. Not to keep a pet in the Retirement Village without the Scheme Operator’s prior written approval, which (subject to the law) may be granted or refused in the Scheme Operator’s absolute discretion (as at the date the PCD was given to the Resident, the Scheme Operator generally only approves pets which are small birds, small fish, or a cat or dog between 7 – 10kg).
9.228.20. To comply with any pet policy which the Scheme Operator establishes or amends from time to time (the current pet policy for the Retirement Village is contained in Attachment 4).
9.238.21. When the Resident is away from the Accommodation Villa/Apartment Unit overnight or for longer periods:
9.23.18.21.1. to continue to pay all charges payable under this Contract;; and
9.23.28.21.2. to make arrangements for the Resident’s letterbox to be cleared in the Resident’s absence; and
9.23.3. to notify the Scheme Operator of the Resident’s absence.
9.248.22. If required for the effective operation of the emergency call system (for example, if the Wi- Fi wi- fi reception within the Accommodation Villa/Apartment Unit is inconsistent or inadequate for the purpose of the emergency call system), to at all times maintain at the Resident’s expense an operative telephone line and handset in the Accommodation Villa/Apartment Unit connected to the emergency call system.
9.258.23. To observe the fire safety procedures and non-smoking areas and not to smoke in the bedrooms of the Accommodation Villa/Apartment or near fire or smoke detection equipment.
9.26. Not to place or hang clothes or other articles outside of the Accommodation Villa/Apartment other than on a clothes line in a place approved by the Scheme Operator.
9.27. Not to display, or permit to be displayed, any placard, advertisement or sign in or outside the Accommodation Villa/Apartment or elsewhere at the Retirement Village.
9.28. To otherwise comply with all regulations relating to garbage and the position of receptacles of garbage in or about obligations imposed on a resident by the Accommodation Villa/Apartment or elsewhere in the Retirement VillageAct.
9.29. Not, without the Scheme Operator’s consent, to mortgage, charge or otherwise encumber the Accommodation Villa/Apartment or the Resident’s interest in the Accommodation Villa/Apartment.
Appears in 1 contract
Samples: Residence Contract
