Isle of Palms: Body Corporate by-Laws

Land Title Act 1994 and Land Act 1994

Section 57(1)(e) & f of the Body corporate and community Management Act 1997.

BY-LAW 1 Noise

1. The occupier of a lot must not create noise likely to interfere with the peaceful enjoyment of a person lawfully on another lot or the common property. In particular an occupier must ensure that lawn mowing is conducted only during reasonable daylight hours.
2. Occupiers must request invitees leaving after 11pm to leave quietly.

BY-LAW 2 Vehicles

1. An occupier or any invitee of an occupier, must not park or keep on his lot, any motor vehicle other than wholly within the parking area designated for it, except that a recreational vehicle (which includes, but without limitation, a camper unit, a motor home or boat) may be parked or kept elsewhere on the lot if it is housed in a garage so as not to be visible from an other lot.
2. An Occupier must not park any vehicle upon common property except:
   • with the consent in writing of the body corporate;
   • where authorised by an exclusive use by law; or
   • in an area designated as a visitor carpark.
3. An owner or occupier must ensure at all times that a speed limit of 10kph is observed throughout the scheme land.
4. An occupier or any invitee of an occupier must not park or keep a vehicle of a commercial type (which includes, but with limitation, a dump truck, cement mixer truck, delivery truck, coach, bus or operable vehicle equipment, whether mobile or otherwise), within the scheme, except for the purpose and in the course of commercial deliveries or if required by any state or local governmental ordinance.
5. An owner or occupier shall not place upon any lot or common property any outbuilding, tent, caravan or other temporary building or improvement.
6. An occupier must not conduct repairs or restorations to any motor vehicle, boat trailer, aircraft or other vehicle on a lot or common property.
7. An occupier must use his garage only as a garage and for general storage purposes and may not convert it to any other use unless the written consent of the body corporate is first obtained and then only in accordance with the terms of such consent.
8. An owner or occupier shall not nor permit its invitees to-
   • ride skateboards, roller blades, scooters, skates, carts or any other similar equipment in driveways of the scheme on common property.
   • Ride bicycles (other then for reasonable ingress and egress to the scheme) on or over the common property, or
   • Play games, sports, or other similar activities on or over the common property

BY-LAW 3 Obstruction

An occupier of a lot must not obstruct the lawful use of the common property by someone else.

BY-LAW 4 Damage to Lawns etc

The occupier of a lot must not, without the body corporate’s written approval:

• damage a lawn, garden, tree, shrub, plant or flower on the common property; or
• use a part of the common property as a garden

BY-LAW 5 damage to Common Property

1. An occupier of a lot must not, without the body corporate’s written approval, mark, paint, drive nails, screws, or other objects into, or otherwise damage, deface or alter a structure that forms part of the common property.
2. An occupier must not erect any structure on the common property for his own use without the body corporate’s written approval.
3. An occupier may however install a locking or safety device to protect the lot against intruders, or a screen to prevent entrance of animals or insects, if the device is soundly built and is consistent with the colour, style and materials of the scheme.
4. The owner of a lot must keep a device installed under by law 5.3 in good order and repair.

BY-LAW 6 Behaviour of Invitees

1. An occupier for a lot must take reasonable steps to ensure that the occupier’s invitees do not behave in a way likely to interfere with the peaceful enjoyment of another lot or the common property.
2. Owners will be liable to compensate the body corporate for all damage to the common property caused by their occupiers invitees.

BY-LAW 7 Leaving or Rubbish, etc on common property

The occupier of a lot must not throw or leave rubbish ort other materials on the common property in away or place likely to interfere with the enjoyment of the common property by someone else.

BY-LAW 8 Appearance of Lot

1. An occupier must not, without the prior approval of the body corporate:
   • Carry out any structural alteration, renovation or addition to a lot;
   • Alter gas, water, drainage, septic, sewerage or electrical connections and services on or to a lot;
   • Erect any fence on a lot or the boundary or a lot or common property;
   • In any way attempt to enclose or partially enclose any balcony or other open structure which forms part of a lot;
   • Alter the external colour scheme of a lot or any improvement upon a lot;
   • Alter in any way, the external appearance of a lot, except in the ordinary course of maintenance and upkeep of the lot and in compliance with any other by-law;
   • Hang washing, bedding, or other cloth article if the article is visible from another lot or the common property, or from outside the scheme land (except on clothes lines provided for the purpose of hanging laundry);
   • Display a sign, advertisement, placard, banner, pamphlet or similar article if the article is visible from another lot or the common property, or from outside the scheme land; or
   • Erect any blinds or awnings on or to the exterior of a lot

BY-LAW 9 Repairs, Maintenance and Alterations

1. Every occupier must;
   • maintain in a clean condition the interior of his lot and take all practicable steps to prevent infestation by vermin or insects;
   • keep all windows clean and promptly replace with fresh glass of the same kind colour and weight as at present broken or cracked; and
   • not hang curtains and blinds visible from outside any lot unless those curtains or blinds have a backing of such colour and design as shall be approved by the body corporate. An occupier shall not install, renovate and/or replace a curtain backing without having the colour and design approved by the body corporate. In giving approval the body corporate shall ensure so far as practicable that the curtain or blind backing used in all lots presents a colour that when viewed from outside the building is sympathetic with the external colour scheme of building

BY-LAW 10 Storage of Flammable Materials

1. The occupier of a lot must not, without body corporate written approval, store a flammable substance on the common property.
2. The occupier of a lot must not, without body corporate’s written approval, store a flammable substance on the lot unless the substance is used or intended for use for domestic purposes.
3. This by law does not apply however for the storage of fuel in:
   • the fuel tank of a vehicle, boat, or internal combustion engine; or
   • a tank kept on a vehicle or boat in which the fuel is stored under the requirements of a law regulating the storage of flammable liquid

BY-LAW 11 INSURANCE    

An occupier must not bring to, do or keep anything on his lot which:

• will increase the rate of the premium for fire insurance on the building or the common property;
• may conflict with the laws ore regulations relating to fire or any insurance policy on his lot or the common property; or
• may conflict with the regulations or ordinances of any relevant local or other public authority for the time being in force.

BY-LAW 12 Garbage Disposal

1. unless the body corporate provides some other way of garbage disposal, the occupier of a lot must keep a receptacle for garbage in a clean and dry condition and adequately covered on the lot, or on a part of the common property designated by the body corporate for that purpose.
2. The Occupier of a lot must:
   • comply with all local government laws about disposal of garbage;
   • ensure that in disposing of garbage it does not adversely affect the health, hygiene or comfort of the occupiers of other lots; and
   • ensure that receptacles provided around the common property are not used for the dumping of household refuse.

BY-LAW 13 Keeping of Animals

1. The occupier of a lot must not, without body corporate’s written approval:
   • bring or keep an animal on the lot or the common property; or
   • permit an invitee to bring or keep an animal on the lot of the common property.

1. The occupier must obtain the body corporate’s written approval before bringing, or permitting an invitee to bring, an animal onto the lot of the common property.

BY-LAW 14 Water Apparatus

1. An occupier must ensure that all water taps in his lot are properly turned off after use.
2. The water closets, conveniences and other water apparatus (including water pipes and drains) in each lot must not be used for any purpose other than those for which they were constructed and no sweepings, rubbish or other unsuitable substance may be deposited therein.
3. Any cost or expense incurred by the body corporate resulting from damage or blockage to such water closets, conveniences, water apparatus, waste pipes and drains; from misuse or neglect, will be borne by the occupier of the lot on which the damage or blockage occurred, whether it was caused by his own acts, or omissions, or those of members of his or her household; or his or servants, agents or guests.

BY-LAW 15 Use

1. Subject to by-law 16 a lot can be used for residential purposes only and no commercial activity may be conducted from a lot unless approved by the body corporate in writing.
2. A lot may not be used for any illegal or immoral purpose.

BY-LAW 16 Caretaking and Letting Agreements

1. the body corporate has the power to enter into agreements with the owner from time to time of lot 180 or a corporation no less than fifty one per centum (51%) of which is beneficially held or controlled by the owners from time to time of lot 180 granting such owner or corporation, as the case may be, the right to:
   • maintain administer and keep in good repair, fixtures and fittings on it and the common property and monitor the provision of security to the scheme;
   • conduct from lot 180 the business of providing to proprietors of other lots, by independent arrangement with the service as letting agent of their lots; and
   • conduct from lot 180 the business of the restaurant in the scheme.
2. The body corporate cannot grant the rights specified in this by law, to anyone except the owner from time to time of lot 180 (or a corporation not less than fifty one per centum (51%) of which is beneficially held or controlled by the proprietor from time to time of 180).
3. The body corporate may include in agreements entered into under this by-law any provisions, which are consistent with the by-law.
4. Owners and occupiers must allow the owner or corporation (and in the case or a corporation the corporation’s contractor, servants, agents and employees) appointed pursuant to this by law reasonable access to their lot to carry out any of the manager or letting agent duties.
5. The owner or corporation shall have the right to erect such signage as reasonably required in carrying out any of the manager or letting agent duties.

BY-LAW 18 Rules relating to the common Property

The body corporate may make rules to the common property and in particular, the recreational facilities, not inconsistent with these by laws, and those rules must be observed by each owner and occupier unless and until they are disallowed or revoked by a resolution at a general meeting of the body corporate.

BY-LAW 19 Noticeboard

The body corporate shall affix and maintain a notice board for the display of notices and other material of interest to the owners; occupiers of lots in a suitable position on the common property.

BY-LAW 20 Use of Swimming pool and Surrounding Areas

Each owner or occupier must ensure that:

• his invitees and guests do not use the swimming pool or surrounding areas unless he or another owner or occupier accompanies them;
• the swimming pool is only used between the hours of 7am and 9pm daily.
• Children below the age of 12 years are not permitted in or around the swimming pool unless accompanied by an adult owner or occupier exercising effective control over them;
• He and his invitees exercise caution at all times and do not run, or splash, or behave in any manner that is likely;
  1. be a nuisance to owners or occupiers of adjacent lots or the owners or occupiers of adjacent land external to the scheme; or
  2. interfere with the use and enjoyment of the swimming pool by any other person;
• alcoholic beverages, food and glassware are not taken in or around the swimming pool area;
• food and beverages are not consumed in the pool enclosure
• caution is exercised around the swimming pool area at all times; and
• he or his invitees and guests do not swim naked.

BY-LAW 21 Maintenance of Swimming Pool

An owner or occupier must not without proper authority from the body corporate committee operate, adjust, or interfere with the operation of any equipment associated with the swimming pool or add any chemical or other substance to the swimming pool.

BY-LAW 22 Use of Tennis Court

An owner or occupier must ensure that-

1. the tennis court is only used between the hours of 7.30am and 10.00pm daily
2. no activity other than the playing of tennis is carried out on the tennis court
3. no footwear other than non-marking soled shoes are worn on the tennis court
4. invitees do not use the tennis court unless accompanied by an owner or occupier; and
5. owners or occupiers with reservations for the use of the tennis court shall have priority over those who have not reserved the tennis court.