CANOPYS EDGE RESIDENTIAL ESTATE SUMMARY OF BUYER'S COVENANTS

This summary of Buyer’s Covenants does not represent the full and detailed covenants which the buyer agrees forms a part of the contract of sale for allotments in the Canopy’s Edge Estate. It is a guide only to the covenants that apply to homes in the estate and is subject to change from time to time without notice.

Canopy’s Edge is a planned residential development, the object of which is to establish a modern, friendly and vibrant community. The following Covenants and Special Conditions are used in the estate to ensure that homes, landscaping and other facilities in Canopy’s Edge are constructed and maintained to a high standard to protect all buyers and residents.

1. Building Covenants

(a) Dwelling House
Only one house, one or two storey of no less than 3 bedrooms may be erected on the Land together with at least a double lock-up garage or other adequate roofed two car storage facility approved by the developer.

(b) Minimum Area
The total minimum floor area including garages, and under roofline outdoor living areas but excluding breezeways shall not be less than 250 square metres.

(c) External Walls

• External walls must be of a high standard of finish such as first class quality brick, textured or rendered masonry panel, stone or concrete block.
• External infill material must be of framed glass, louvers, timber, flat or plank fibre cement sheeting.
• All applied finishes to external walls shall have a texture finish or a minimum sand texture finish.
• Painted bagged or double bagged masonry work on external walls is not acceptable.

(d) Roofs
Roofs may be of any suitable non-reflective material (uncoloured zincalume steel will not be permitted).

(e) Driveways and Paths
Driveways and paths may be clay brick pavers, segmented block pavers, patterned or stencilled concrete or exposed aggregate concrete with or without brick paver edging. The colour of driveways and paths must blend in with the colour scheme of the house.

(f) Fencing

• Front Alignment. Fencing, if constructed, of front alignments must have masonry piers to match the dwelling. Infill shall be powder coated pool type fencing with additional design detailing to match the dwelling. Masonry infill panelling or painted timber is permitted only up to half the fence height. Suitable alternatives to the above may be considered for approval provided that the style matches the dwelling and that adequate provision for landscaping is made within the fence along the alignment, e.g. landscaped indentations.
• Side and Rear Fencing. All fencing to side and rear boundaries must be masonry piers of a finish to match the dwelling or 100 x 75 timber posts with infill panels of timber palings with capping or capped Colorbond fencing to match the dwelling colour.
• Corner Allotments. 70% of the Front Alignment of corner allotments is permitted to be fenced with masonry piers and infill of capped timber painted panelling or capped Colorbond® fence with additional design detailing to match the dwelling. The other 30% is only permitted to have masonry infill panelling or painted timber up to half the fence height.
• Timber. Where timber is used (including painted timber) it must be "A" grade CCA treated and be overlapped timber palings with capping.
• Height. All fencing must not exceed 1.85 metres in height above the natural ground level.

(h) Landscaping

• Any garden shed must not exceed 6m2 in area and 1.85 metres in height and, if constructed of metal, must be constructed of Colorbond material.
• Any shed, clothesline, hot water/gas cylinder, rubbish bin, air conditioning system or satellite dish must not be visible from any street.
• Retaining Walls must be of a nature consistent with the style of the Dwelling and the landscaping proposed. If retaining walls exist on the allotment at the time of settlement, then any further retaining walls visible to the street must be consistent with the retaining walls already existing.
• Landscaping of a high standard must be completed to the front of the Dwelling within 8 weeks of occupancy of the Dwelling. Landscaping must be regularly maintained.
• If the Buyer, or any of the Buyer’s contractors, sub-contractors or agents damage or destroy any tree or shrub planted as a part of the Estate’s landscaping or tree planting program, then the Buyer will be responsible for its replacement.
  

(i) Communications and Television

• The developer has provided street cabling for free to air television and at least one additional channel. The buyer shall connect to this cabling and external television aerials will not be permitted in the estate.
• The developer has provided broadband internet cabling within the street and a free connection will be provided to this network. The buyer will need to arrange for the developer to connect the cabling giving at least 28 days notice.
• The buyer shall complete such wiring or cabling or distribution network and any lead-in conduits for or in any dwelling erected on any allotment so that the above television and broadband cabling can be suitably connected.

2. Approval of Plans

No construction of any kind shall be commenced without approval in writing by the Developer or its agent.

3. Uncompleted Structures

Subject to inclement weather conditions prohibiting work on a dwelling, no building shall be left without substantial work being carried out to it for longer than one month. Total construction time for any dwelling house shall not exceed nine (9) months from initial commencement.

4. Temporary Structures

Temporary buildings such as caravans, tents, portable structures or anything of like nature are not permitted at any time except for sheds, workshops, offices or conveniences to be used for the purposes of construction of the dwelling.

5. Care and Maintenance

No rubbish can be placed upon the Land or on the footpath or any park adjacent to the Land.

6. Footpaths, Kerb and Channelling

Any damage the Buyer or builder causes to footpaths or kerb and channelling shall be repaired by the Developer at the cost of the Buyer.

7. Signs and Hoarding

No advertisement, sign or hoarding, except one "For Sale" or one "For Lease" sign shall be erected on any part of the land without the prior consent in writing of the Developer.

8. Liquidated Damages

In the event of a breach by the Buyer of any of the provisions of this Covenant, the Buyer shall pay to the Seller the sum of ten thousand dollars ($10,000.00) or more by way of liquidated damages. Such sum shall be used by the seller to remedy the breach and for the betterment of the Canopy’s Edge Estate as a whole.

9. Right to Vary Covenants

The developer may vary, delete or relax the Covenants at anytime in respect of the sale of any land in the Development. In that case, the Buyer has no claim whatsoever against the Developer.

10. Covenants from Third Parties

If the Buyer sells or transfers the land, the Buyer must transfer these covenants in favour of the Developer so that the new resident is bound by these covenants.