Covenants

A Covenant (or more specifically a Restrictive Covenant) is an agreement entered into by purchasers of land in Iluka which govern what the land owner may and may not do with their property. Land owners are bound by the terms of the Covenant which are designed to maintain the value of properties in Iluka for the benefit of all residents and to provide assurance to existing and prospective land owners that Iluka will conform to the same high standard in the future. The Covenent applies to the property itself not an individual Home Owner as such and is therefore considered to be transferred to the new Home Owner upon sale of the property.

The key points covered by the Iluka Covenants include.

• The minimum dwelling sizes.
  In Iluka the minimun size is 180 square metres.
• Allowable materials to be used in construction.
  For example, only tile or colorbond roofing is permitted.
• Fencing requirements.
  Fibro fencing is not permitted forward of the building line.
• Signs.
  No advertising signage of any sort is permitted with the exception of vendor real estate signage.
• Commercial Vehicles.
  Commercial vehicles (along with caravans and boats) must not be parked within public view.

NOTE: This list is not complete, please refer to the documents below for more information or contact the Committee if you have any other concerns regarding the Covenants.

The Covenants also prohibit the use of external antennae and sattelite dishes, however given that pay TV is currently unavailable through the underground cable network, this Covenent has been temporarily waived with regard to sattelite dishes until such time that pay TV is available through the network.

It is important to note that the Iluka covenants do not expire but are in effect for as long as the association exists. Residents who are in breach should realise that their actions are; inconsistent with the view of the majority of other members, detrimental to the value of properties in the area (including their own property) and a breach of their word given at the time of purchasing their property.

Covenant Breaches

We rely on the goodwill of residents to comply with the covenants as agreed when joining the association. It is not feasible for the committee to continually audit covenant complaince and we rely on concerned residents to report covenant breaches that affect them (and hence affect Iluka) to the committe either by email or post.
When reporting a covenant breach, please provide your full name and address for verification purposes. Any anonymous communication received will be ignored.

Upon receipt of a complaint we will endeavour to investigate the breach, taking into account the individual circumstances. We have found in the past that reported breaches are often temporary in nature as the resident is making a genuine effort to comply. If this is not the case and the complaint ia valid, a breach notice will be issued. If the breach is not rectified in a timely manner and further complaints are received, the committee reserve the right to undertake further action as appropriate. This action may take the form of;

• imposition of a fine,
• excercise of the caveat over the property (which means re-financing or settlement cannot occur until the breach is rectified and outstanding fines paid), or
• as a last resort: legal action.

Documents

The following documents provide full details of the Iluka Covenants.

	Covenant Policy (draft)	[180kb]
	Covenants - Annexure A	[39kb]
	Covenants - Annexure B	[38kb]

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Site last updated: 5^nd June 2010