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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 Estate 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 35 hectares of parkland property surrounding your land which is designated as common property.

Who is the Body Corporate?

The Body Corporate comprises the owners of the 46 lots that make up Botanica Estate and is administered by Strataworld Whitsunday.

As one of the Body Corporate’s 46 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 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 is 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?

Pioneer 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?

At as September 2007, the Body Corporate fees are $ 838.90 per year ($ 369.60 for Sinking Fund and $ 469.30 for administration) and are invoiced quarterly by Strataworld Whitsunday. Administration levies cover such costs as public liability insurance, body corporate manager’s fees, electricity and maintenance of the common areas such as the palm-lined verges of Botanica Drive and Ridge Rd, the lagoon and entry statement areas and part of the grassed area immediately in front of the hillside lots. The area that is natural forest is maintenance free.

Normal Whitsunday Council rates, covering garbage collection, beautification levy and firefighting levy, are charged annually. For rating purposes, the land value of each lot is calculated as a proportion of the value of the entire estate. As such, lot owners pay less in council rates than if they were not part of a community titles scheme. For example, current council annual rates for year ending 30/06/2008 for each lot are only $ 1,558.83. However, if a lot were valued as a standard residential lot at say $600,000, the rates would be $3,054.00.

How is water charged out?

Town water is provided to each lot by a private water line connected to the council water mains.

As of November 2007, water will be charged out by the Body Corporate to each lot owner on a user pays basis. Whitsunday Shire Council will issue one invoice to Botanica Body Corporate for all water usage in the estate, including common areas and individual lots. The Body Corporate will then read the metres of residents using water and charge lot owners for their own personal water usage as well as their share of water usage in the common areas. Strataworld, the Body Corporate manager, will apply an administration charge to cover their costs of monitoring and charging out individual meters. Maintenance of the water line is covered by the maintenance levy which makes up the quarterly Body Corporate costs.

Because it is a dedicated supply designed to service a limited number of allotments, Botanica's water line is not as large as the town mains and does not provide water at the same pressure. It is very important that at the building application stage every lot owner includes provision for a minimum 5,000 litre storage tank and pump to deliver high pressure throughout the house and gardens, whenever required, even at peak usage times. Otherwise, once the Estate is fully built with 50 households drawing at maximum capacity, water pressure from the line alone will be insufficient.

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. There are now very economical bladder storage systems and new waterproofing methods which have made such large scale rainwater storage viable.

Because the estate is situated in a low density residential area, lot owners also need to provide water storage for fire fighting purposes. A minimum of 20,000 litres is required by Whitsunday Shire Council for this purpose. Currently however discussions are being held with Botanica Body Corporate to have a single large storage tank situated on common property. This should eliminate the need for individual lot owners to provide a tank dedicated to this purpose thus providing further cost savings.

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

Sections of the grassed over area between the front boundary of the hillside lots and Botanica Drive have been set aside for subsurface effluent disposal and dedicated as exclusive use areas. Exceptions are lots 19 and 20 where the effluent disposal area is contained within the lot. Maintenance of these exclusive use areas situated within the common property is the responsibility of each lot owner. 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?

Residents can access beautiful 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.

A separate walking track has been created outside the Botanica gate, opposite the dam area which follows Sea Lily Creek up to the northern boundary of the estate. This walk is particularly beautiful during the wet season when the creek fills with water and, for the more adventurous, provides a number of refreshing wading holes.

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 have substantial interests and experience with tropical horticulture, palms and landscaping and are happy to assist with landscaping advice.

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?

Janet and Ralph Hogan, the people behind Botanica are not classic corporate developers and have a deep and permanent commitment to this unique part of the world. They have spent the last 14 years planning this ultimate lifestyle development. Their home, Villa Botanica, occupies lot 62 at the northern end of Botanica Drive.