Your Questions Answered

Isn’t a Community Title Scheme going to restrict my freedom to do as
I want?

If you want the right to have dogs which bark all night long and Uncle Bert’s rusty caravan camped on the front lawn, very definitely yes.

If, however, you want to be protected from such excesses, plus the freedom to do anything and everything which doesn’t impact on your neighbours’ lifestyle, Botanica Waterfront is the place for you

Botanica’s Community Management Statement has been designed with one objective: to deliver the ultimate quality of life to you, the future resident.

Is my land ownership as secure as normal freehold?

It’s exactly the same, but under a Community Title scheme, you own not only your property as defined by your boundaries, (in exactly the same way as you do with a typical freehold title block), but, as a member of the body corporate, you also have an interest with the other lot owners in the remaining 90 acres of parkland property surrounding your land which is designated as common property.

Who is the Body Corporate?

The Body Corporate will comprise the owners of the 20 lots that make up Botanica Waterfront and will be administered by Whitsunday Management, a well respected local company which specialises in Body Corporate management. Compared to the conventional type of body corporate normally associated with the maintenance of complex apartment blocks, Botanica’s Body Corporate will be a relatively low key affair.

As one of the Body Corporate’s 20 voters, you can be as active or inactive as you want in managing the common property and the issues relating to the Community title by-laws. In this way, you help control your surrounding environment. By working with other owners you can create a uniquely beautiful and enjoyable neighbourhood, something rarely possible with conventional freehold properties.

Why do we need a Community Management Statement?

The Community Management Statement which accompanies the sales contract is the blueprint for defining the development and its management. Amongst other things, it spells out:

Each owner’s lot entitlements which in turn provide the basis for calculating lot owners’ contributions towards levies, the value of their votes in polling, as well as their proportionate share of common property and the unimproved value of the lot for rating and taxing purposes.
By-laws, designed to assist the body corporate in the control and management as well as administration of the scheme land.
The estate’s architectural and landscape code, to which all owners are bound to adhere. The code is designed not to be restrictive, rather to protect and preserve your investment.

How does a Community Title Scheme help preserve my quality of life?

Unlike life in a typical suburb, the Community Title scheme enables residents of the privately owned community of Botanica to exercise complete control over the visual amenity and lifestyle values of their investment.

Most of the by-laws are so basic and logical in their intent as to seem unnecessary to most people. Most also parallel those enforced by the local shire council. But under Community Title living, resolution is not based on never-ending rounds of discussion with bureaucracies, but the fast, commonsense enforcement by your Body Corporate of those clearly stated standards which most people would agree, are essential for the full enjoyment of one’s home environment.

How does a Community Title Scheme offer the best protection of my investment?

In a typical neighbourhood, attempts by an aesthetically aware majority to encourage high environmental standards across all the common areas linking their properties can be easily defeated by the odd individual who would prefer to collect derelict vehicles, display gaudy signage, build ugly structures etc.

Although once again local councils have the right to impose sanctions, in reality, the rules are sufficiently open to interpretation and the process of enforcing compliance so drawn out, that if resolution ever does occur, it’s a very protracted and costly process.

Communities in highly desirable locations such as Botanica Waterfront tend to attract individuals who place great value on the environment and on a peaceful, sophisticated lifestyle. Such communities aim to elevate the standard of their particular environment to create a truly exceptional living environment. They aspire to enjoy a private and peaceful lifestyle and create quality homes in a beautiful, parklike setting.

The Community Title scheme enables residents of the privately owned community of Botanica Waterfront to achieve these values and to exercise complete control over the visual amenity of their investment.

Can my view ever be built out?

It is not uncommon in land subdivisions for lot owners to one day find their priceless views compromised by new developments. This issue has been resolved at Botanica via legally binding building covenants.

WATERFRONT LOTS:

At Botanica, the plan of each lot contains a designated area within which owners may build: “the Building Envelope.” In each case, this area incorporates the best views and excellent ground characteristics (stable ground, good elevation etc) for building.

Sensible rules apply to restrict the height of structures, as exist under normal council regulations, but in addition, Botanica’s building regulations specify adherence to official Australian Height Datum to avoid confusion and facilitate compliance by the builder.

The front boundary of this building envelope is based on the maximum possible projection of structures on any block before these encroach on the view lines of neighbouring properties.

On both hillside and waterfront lots this information is in the form of a covenant which constitutes a binding agreement between each owner and the local authority (council) and will be registered on the title of each lot. It effectively protects forever each owner’s views and a copy of same appears in the contract, attached to each lot.

The area between the front building boundary and the waterfront boundary has been set aside for gardens, swimming pools, gazebos and other landscaping. No raised structures or view-obstructing large trees are permitted in this area.

HILLSIDE VIEW LOTS:

To maximise the land area for lot owners interested in creating extensive gardens, terracing and landscaping etc out front of their homes whilst also protecting the views of adjoining properties, a large apron of land at the front of each lot which would normally be zoned as common land (owned by the Body Corporate) has instead been incorporated as part of the freehold title and as such is owned by the lot owner. Designated as “Exclusive Garden Area”, this land may only be used for gardens, landscaping, swimming pools, lawns etc and may not contain any raised structures. Trees may not be planted in a position where their mature height and girth could compromise the views of neighbouring properties.

How far down to the water do I own?

Almost all waterfront land anywhere in Australia is compromised by a wide public access esplanade. Botanica Waterfront lots however are a unique exception to the rule. Because of the unusual granite boulder (non-erodable) nature of the foreshore, there is only a 5 metre esplanade between the high water mark and front boundaries. This slim corridor falls mainly over littoral rocks and vegetation immediately above the high tide mark.

Where can I moor my boat?

Dugong Bay, the bay directly in front of Botanica Waterfront, is a recognised dugong breeding area managed by the Great Barrier Reef Marine Parks Authority and falls outside the permitted buoy mooring areas. Ample moorings however are available off Shingley Beach located on the other side of Pigeon Island. Equally, marine berths can be leased from Abel Point Marina.

What type of house can we build?

The intent of The Architectural and Landscape Code is to foster a consistently high standard of architecture and building quality across the estate and eliminate the possibility of shanty houses, “dongas”, caravans, ugly brick veneer kit homes etc. It does not dictate architectural styles which are the prerogative of the purchaser.

Most of the commonly favoured architectural styles seen in the tropics are compatible within one estate if they are built to a high standard and framed in sensitive and well designed landscaping. These styles include timber pole home construction, adobe style Mediterranean, old Queenslander and Pacific colonial, Asian Pacific hybrids and the contemporary clean cut look of architects such as Glen Murcut.

(For a full explanation of the Architectural and Landscape Code, see the Community Management Statement forming part of the S170 disclosure document accompanying the contract.)

What about Body Corporate levies and council rates?

Body Corporate fees have been kept to a minimum because, with the exception of Botanica Drive and the grassed area immediately in front of the hillside lots, all of the common land is natural forest, so largely maintenance free.

Body Corporate levies total $ 950.95 per annum ($150 for Sinking Fund and
$ 800.95 for Administrations costs) and will be invoiced quarterly by Whitsunday Management. The Body Corporate scope of works includes the maintaining of open space areas as well as Botanica Drive and its palm lined verges.

Botanica Drive is a private road and will mainly carry only light local residential traffic. It is being built to a very high standard with a deeply compressed base and comprehensive drainage system to ensure minimal maintenance for many years. At some stage in the future when the adjoining portion 13V (behind the ridge line and to the southwest of the current development) is subdivided into residential lots, the section of Botanica Drive traveling through portion 13V and through council land as far as the Paluma Rd intersection will become a dedicated council road with responsibility for its upkeep transferring to council.

Normal Whitsunday Council rates, covering garbage collection, beautification levy and firefighting levy, will be charged annually.

How much will water cost?

Town water will be provided to each lot by a private water line built by the developers and connected to the council water mains. (Initial headworks for this supply are to be borne by the developer.) Normal council water metering and charges will apply. A nominal fee will be charged by the Body Corporate to cover the administration costs of monitoring and charging out individual meters. Maintenance of the water line will be covered by the maintenance levy which makes up the quarterly Body Corporate costs.

Under the pressure of an ever increasing population, town water throughout Australia is becoming progressively more expensive and Botanica’s by-laws on water are designed to benefit not only the environment but also residents’
interests, now and in the future.

As a land owner in a rural setting, it will be a council requirement that dwellings have a water tank for firefighting purposes in addition to the town water supply. The ideal practice for homeowners is to follow the example of many locals and install two tanks. One, to collect rainwater from all roofs and a second holding tank for storing town water.

A small pump is recommended to provide high pressure hosing and irrigation for garden and external needs, at all times. Large basement reservoirs for rain water are also becoming increasingly common and are a relatively inexpensive investment which can easily be incorporated within the block work wall foundations of houses at the time of construction.

What about sewerage?

As there is no connection to town sewerage, it is the responsibility of the lot owner to install and maintain their own secondary treatment sewerage system, in accordance with Council’s requirements.

The developers have incorporated a sufficient area based on ground engineering requirements for each lot, either within the lot or situated nearby in the common property where this subsurface irrigation area can be used as lawn.

HILLSIDE LOTS
The grassed over area between the front boundary of the hillside lots and Botanica Drive has been set aside for subsurface effluent disposal and makes up part of the common property. Exceptions are lots 19 and 20 where the effluent disposal area is contained within the lot. Maintenance of the effluent disposal areas situated within the common property is the responsibility of the Body Corporate (as lawn or garden.) In this instance, effluent refers to secondary treated water (clear and odourless) which is conveyed to irrigation pipes about 150 – 200 mm beneath the soil from the individual sewerage treatment tanks on each lot. It is envisaged that this subsurface irrigation will assist in maintaining attractive lawn and garden areas flanking individual driveways.

WATERFRONT LOTS
Ample space for subsurface effluent disposal has been included in the building envelope within each waterfront lot. Maintenance of this area is the responsibility of the lot owner (as lawn or garden.) The total area required for effluent disposal may be achieved via a single area of disposal, or a composite of smaller areas within a landscaping plan.

Am I allowed to keep pets?

Provided animals are well behaved, a maximum of two dogs and two (desexed) cats per lot are permitted. Aggressive or noisy animals can be banned by the Body Corporate. As per council regulations, dogs must be contained within a suitably large enclosure and kept on a leash in all common areas. Dog excreta must be removed instantly from any common area by the animal’s owner. The keeping of large animals is both impractical and undesirable. No horses, cattle, goats, pigs or other hooved animals are permitted on the estate.

What can I do if I have a noisy neighbour?

In principle, the local council has the power to enforce noise elimination measures and uphold every person’s fundamental right to a peaceful lifestyle, one uncompromised by inconsiderate neighbours with barking dogs, loud machinery etc.

The enforcement of such laws however is seriously constrained by subjective definitions as to what constitutes a nuisance level of noise and can take years to succeed, causing huge stress and aggravation to the victim in the process.

Under the Community Title scheme, the body corporate has the power to act immediately and so eliminate most of the pre-conditions for such conflict.

Where can I access the waterfront?

The waterfront can be reached via a walkway situated between lots 9 and 10. Residents can also access beautiful Barefoot Beach (also known as Mast beach) via a signposted walking track at the end of Botanica Drive which leads through Body Corporate land to the adjoining crown land and beach. As this access is across Body Corporate land, it is only available to residents and their invitees.

Are there any restrictions to what plants I can grow?

There are no restrictions on plant species, other than those normally prohibited by government authorities as noxious or illegal. Botanica’s developers, who also operate the Rumrock tropical flower farm and nursery, have substantial interests and experience with tropical horticulture, palms and landscaping. They can assist with both landscaping advice as well as the supply over 500 varieties of tropical plants, from seedlings to established palms.

The vegetation on the estate is essentially defined as monsoonal vine thicket and is dotted with endemic mature trees, notably Mackay Cedar, Burdekin Plum, Moreton Bay Ash, Bloodwood and Tulip Oak. Although Botanica’s Community Management Statement is intended to protect the surrounding vegetation in perpetuity; individual gardens and the species planted are, as with most privately owned property, the right and responsibility of the buyer.

Can I plant up around my lot so it has a dense vegetation screen?

The 9 hillside lots are already protected on either side by corridors of common land which act as natural bush buffers. Now, with the introduction of permanent water and the increased sunshine which has resulted from adjacent lot clearing, these vegetation screens can be densely planted up to offer total privacy. Owners are encouraged to obtain approval from the Body Corporate to further vegetate these areas with native species which will blend in with the existing vegetation.

Who are the developers?

The people behind Botanica are not classic corporate developers and will not be “moving on” when the lots are sold. Janet, Ralph and Michael Hogan have a deep and permanent commitment to this unique part of the world. They have spent the last 10 years planning this ultimate lifestyle development and will be making Botanica their home, occupying lots 61 and 62 at the northern end of Botanica Drive.

Disclaimer