Sunnyvale Estate Kingaroy

DWELLING AND LIFESTYLE PROTECTION COVENANT

The Developer of "Sunnyvale Estate” offer a unique opportunity to be part of a special community with a special quality of life and will take all reasonable steps to supervise and control the approval of dwellings to ensure that a high standard of design is maintained through the use of this building covenan

The Buyer may not make any objection, requisition or claim for compensation in relation to the building covenants or their effect on how the Buyer chooses to deal with the property after completion.

The buyers accept and agree to be bound by the following covenants-

1. INTENT

It is the intent of the Developer through this covenant to maintain quality and functional dwellings.

2. APPROVAL OF PLANS

The Buyer, his successors in title or any other person shall not implent or proceed with any erection of improvements (including exterior finishes), constructions or excavations upon the land unless the plans and/or specifications for such work shall have been first approved in writing by the Developer. The Buyer will supply to the Developer full design drawings that include details of all Building Structures, including fencing, retaining walls and excavations to be carried out on the land.  

The Developer may grant or refuse any application for the construction or carry out of any buildings, structures, excavations or landscaping in its absolute discretion and grant approval for construction subject to such conditions as it sees necessary to maintain the intent of this covenant.

Such approval would normally be returned within 10 days from the date of receipt by Developer and/or their representative.

The Buyer acknowledges that any approval granted by the Developer or its nominee to any plan containing any building, structure, excavation work or landscaping does not constitute any representation as to the adequacy, suitability or fitness of any such building structure, excavation or landscaping work and that the same is still required to be approved by the Local Authority.

3. KEY BUILDING CRITERIA

No dwelling house shall have an internal floor area less than 180 square metres, including an attached double garage.  The internal floor area shall be the area classified as habitable area, including under roof alfresco living, by the local authority. All dwellings will have a double car garage.

4. BUILDING MATERIALS AND CONSTRUCTION

All dwellings including their double garage will be constructed primarily of brick, brick veneer, stone, masonry veneer and/or other approved texture coated materials. Predominantly timber dwellings will not be considered acceptable.

5. FENCING

It is agreed between the parties that the Buyer and any successor in title to the Buyer shall have no claim against the vendor herein under the Dividing Fences Act or any Act of Parliament which may from time to time relate to the obligation of adjoining land owners to contribute to the cost of fencing. To further protect the vendor in this regard the Buyer shall include such warranty in the Deed of Covenant referred to in Clause 1. The Buyer further agrees that any fencing which he may erect on the boundary of the said land shall be of a similar standard to fencing already existing in the subdivision. All fences must be constructed from good quality new materials.

6. RETAINING WALLS

Where retaining walls are required the design and materials are to be approved by the Developer.

7. COVENANT ON SHEDS

The Buyer shall be permitted to construct a steel shed on the said property, such a building shall consist of a steel frame with Colorbond roof and exterior walls (which must not be white in colour), all materials must be new and have full approvals from the manufacturers and the local authority. All sheds to be set back at the rear of the property.

8. LANDSCAPING

The planting and maintenance of native plants is encouraged as they use less water and attract native wildlife. All landscaping and fencing is to be completed prior to occupation.

9. DRIVEWAYS

Before occupation, all lots shall have a driveway extending from the street kerb to the garage and shall be constructed with non-erosive material such as concrete and or paving stones.

10. INCOMPLETE BUILDINGS

The construction of any building, clearing or major earthworks on the land shall be completed expeditiously.  No building in the course of construction shall be left longer than one (1) month without substantial progress and work being carried out.

11. VEHICLES AND GENERAL MAINTENANCE

No unregistered vehicles, commercial vehicles, trucks, trailers or other objects which could in the opinion of the Developer cause nuisance or an annoyance or detract from the amenity of the area are to be readily visible from the roadway.

No rubbish shall be allowed to accumulate or be placed upon the land and landscaping be kept in good condition.

12. DEVELOPER’S RIGHT TO VARY OR EXCLUDE ANY COVENANT CONDITIONS

The Developer has the right at the request of the Buyer or at its own instigation to vary or exclude any obligations under the Covenant provided that such action will only be taken by and in keeping with aims to establish a modern well designed residential Estate. Enforcement of covenants is in the sole discretion of the Developer. The Buyer hereby absolves the Developer from the liability whatsoever for any action taken in relationship to any of these covenants or their variation or exclusion of any of them.  If the buyer defaults under any of the covenants the Developer may remedy the default at Buyers cost.

13. DISPOSITION OF PROPERTY

The buyer agrees for himself/herself and for all successors in title to the Property that he/she shall not sell or transfer the Property to any other party ("new owner”) unless the new owner accepts and agrees to be bound by the covenants contained in this Dwelling and Lifestyle Protection Covenant and that in any agreement by the Buyer or by any of his/her successors in title to transfer or sell the Property these covenants shall be included therein and bind the new owner.