The Shared Driveway Maintenance Agreement is essential for properties in Australia where multiple owners share access to a common driveway. This document becomes necessary when purchasing or developing properties with shared access ways, during property subdivisions, or when formalizing existing informal arrangements. It establishes clear guidelines for maintenance responsibilities, cost sharing, and dispute resolution, ensuring compliance with Australian property law and local council requirements. The agreement helps prevent potential conflicts by clearly defining each party's obligations and rights, incorporating relevant provisions from state-specific property legislation and local government regulations. It's particularly important for properties under strata schemes or when multiple freehold properties share essential access infrastructure.
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1. Parties: Identifies all property owners who share the driveway and are parties to the agreement
2. Background: Explains the context of the shared driveway arrangement and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement including 'Shared Driveway', 'Maintenance', 'Emergency Repairs', etc.
4. Rights of Access: Establishes the rights of all parties to use the shared driveway and any limitations
5. Maintenance Obligations: Details the regular maintenance requirements and standards that must be maintained
6. Cost Sharing: Specifies how maintenance and repair costs will be shared between the parties
7. Emergency Repairs: Procedures for handling urgent repairs and associated decision-making processes
8. Insurance Requirements: Specifies insurance obligations of each party regarding the shared driveway
9. Dispute Resolution: Outlines the process for resolving disagreements between parties
10. Term and Termination: Specifies the duration of the agreement and circumstances for termination
11. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures
1. Additional Users: Include when there are regular users of the driveway who are not property owners (e.g., tenants, business visitors)
2. Special Surface Requirements: Include when the driveway has specific surface materials requiring specialized maintenance
3. Drainage Management: Include when there are specific drainage systems or requirements that need special attention
4. Vehicle Restrictions: Include when there are specific restrictions on vehicle types or weights
5. Parking Provisions: Include when the shared driveway includes parking areas or passing bays
6. Landscaping Maintenance: Include when there are shared landscaping elements along the driveway
7. Security Arrangements: Include when there are shared security features like gates or lighting
1. Schedule A - Plan of Shared Driveway: Detailed plan showing the exact area covered by the agreement, including measurements and boundaries
2. Schedule B - Maintenance Schedule: Detailed timeline and specifications for regular maintenance tasks
3. Schedule C - Cost Allocation: Detailed breakdown of how different types of costs are to be shared
4. Schedule D - Approved Contractors: List of pre-approved contractors for maintenance and repairs
5. Appendix 1 - Maintenance Standards: Detailed specifications for maintenance standards and requirements
6. Appendix 2 - Emergency Contact Information: Contact details for all parties and relevant service providers
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