ANNUAL GENERAL MEETING Agenda · REGENCY HYDE PARK 281 Elizabeth Street, Sydney NSW 2000 Annual...
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ANNUAL GENERAL MEETING Agenda REGENCY HYDE PARK 281 Elizabeth Street, Sydney NSW 2000 Regency Hyde Park Strata Plan 55468 281 Elizabeth Street Sydney Date: 19 November 2019 Time: 6.00 pm Location: Hyde Park Forum (next door to Regency Hyde Park)
Transcript of ANNUAL GENERAL MEETING Agenda · REGENCY HYDE PARK 281 Elizabeth Street, Sydney NSW 2000 Annual...
ANNUAL GENERAL MEETING
Agenda
REGENCY HYDE PARK
281 Elizabeth Street, Sydney NSW 2000
Regency Hyde Park Strata Plan 55468
281 Elizabeth Street Sydney
Date: 19 November 2019
Time: 6.00 pm Location: Hyde Park Forum
(next door to Regency Hyde Park)
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REGENCY HYDE PARK
281 Elizabeth Street, Sydney NSW 2000
Annual General Meeting
Strata Plan 55468
19 November 2019
Contents
Information letter
AGENDA
Motions
Also enclosed
Strata Committee Meeting Notice and Minutes
1. Minutes of previous General Meeting
2. Accounts 2018-2019
3. Insurances
4. Façade Remediation (refer to Annexure A)
5. Estimates for the Administrative and Capital Works Funds “The Budget”
6. Capital Works Fund Plan
7. Collection of unpaid levy – procedures and authorities
8. Payment plans
9. Agency Agreement (attached)10. Annual Fire Safety Statement
11. Report on commissions received
12. Bylaw consent Lot 132 works (refer Annexure B – www.regecnyhydepark.com.au)
13. Bylaw consent Lot 128 works (refer Annexure C – www.regecnyhydepark.com.au)
14. Repeal of Bylaw 25 and replace with new Bylaw 25 – animals
15. Consolidation of Bylaws
16. Election of a Strata Committee
17. General Restrictions on the Strata Committee
18. Financial Restrictions on the Strata Committee
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SSMA–LS 2015
Notice of Annual General Meeting Dear Owner, Enclosed you will find your agenda for the upcoming Annual General Meeting for Regency Hyde Park. Attending the Meeting To assist you during the meeting, please bring this notice with you to the meeting. We encourage you to read the agenda before attending to ensure that you are conversant with all matters to be discussed. Should you have any questions please call your Strata Manager, Jim McDonald, before the meeting on 612 8424 9718 or [email protected]. Meeting Procedures Under the Strata Schemes Management Act 2015, only items listed on the agenda are permitted to be addressed. A seconder of a motion is not required by the Strata Schemes Management Act. No person (other than the person who submitted a motion) may speak more than once to any motion, unless permitted by the chairperson. Amendments may be made to a motion, but must be relevant to the motion and not a direct negative. Voting by Proxy Should you be unable to attend this meeting, we encourage you to submit your proxy form, which will then assist in a quorum being available for the meeting to proceed. A proxy form is attached to this agenda. Should you require an additional form, additional proxy forms are available from our website - www.stratachoice.com.au. As your strata scheme comprises of 101 or more lots (excluding carpark or utility lots), proxy votes for all general meetings must be sent to the Secretary (or our office) at least 24 hours before commencement of the scheduled meeting. A proxy vote received late for a particular general meeting will be invalid and also cannot be used if that general meeting is adjourned. Meeting Quorum A quorum of at least 25% of financial owners present in person or by proxy or financial owners present in person or by proxy holding at least 25% of the total unit entitlements. If there is more than one owner and the quorum calculated as above is less than 2 persons the quorum is 2 persons entitled to vote. However under new laws, the chairperson may decide to proceed with the meeting if no quorum is present after 30 minutes of the scheduled meeting commencement time. Resolutions Ordinary Resolution – Passed if a majority of the votes cast are in favour of it Special Resolution – Passed if not more than 25% of the votes are cast against it. (based on unit entitlement of the lot) Unanimous Resolution – Passed if no vote is cast against it. A vote by an owner does not count if a priority vote is cast for the lot in relation to the same matter. If you are an unfinancial owner, mortgagee or covenant chargee, you cannot vote at a meeting on a motion (other than a motion requiring a unanimous resolution) unless payment has been made before the meeting of all contributions levied on the owner, and any other amounts recoverable from the owner, in relation to the lot. You may vote by exercising your vote either in person (if the addressee is an individual) or by a company nominee (if the addressee is a corporation), or by a proxy appointed by the addressee. Items must be budgeted for The owners corporation must include specific amounts in the estimates prepared in relation to each item or matter on which the owners corporation intends to expend money, or on which the owners corporation is aware money will be likely to be expended. Limit on spending by Strata Committee in relation to budgeted items If a specific amount has been determined for expenditure on any item or matter, the strata committee of the owners corporation must not spend on the item or matter an amount greater than that determined plus 10%. However, the owners corporation may by resolution remove the limitation imposed generally or in relation to any particular item. Call for nominations for Strata Committee In accordance with Schedule 1, Section 5 of the Strata Schemes Management Act 2015, a call for nominations for the Strata Committee is made. Eligible persons may nominate via written notice or during the meeting when nominations are called.
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REGENCY HYDE PARK
281 Elizabeth Street, Sydney NSW 2000
TO THE OWNERS – STRATA SCHEME No 55468
Date: 19 November 2019
Time: 6.00 pm (registration from 5.45 pm)
Address: 281 Elizabeth Street, Sydney, NSW 2000
Location: Hyde Park Forum
271 Elizabeth Street, Sydney NSW 2000
(next door to Regency Hyde Park)
Notice of Annual General Meeting
MOTIONS
1. MINUTES: That the Minutes of the last General Meeting held 24 October 2018 be confirmed
as a true and accurate record of the proceedings of that meeting.
2. ACCOUNTS: That the audited Financial Statements as supplied be accepted.
(IMPORTANT NOTE: General financial queries cannot be answered at the meeting due to time
constraints. We would request that queries should be referred to your Strata Manager prior to the
meeting.)
3. INSURANCES: That the Owners Corporation’s insurances as listed be confirmed and that
consideration be given to the continued inclusion of Office Bearers and Fidelity
Guarantee Insurance.
4. FAÇADE
REMEDIATION:
That The Owners – Strata Plan No. 55468 – authorise its Strata Committee on
behalf of the Owners Corporation to:
i. complete the tender process in conjunction with Apex Diagnostic
(Consulting Engineers) for the remediation and repainting of the building’s
façade;
ii. enter into a contract with the tendering firm deemed most appropriate to
attend the works in the opinion of Apex Diagnostic it is appropriate to do
so and if funds permit;
iii. attend to those works during the 2019-2020 and 2020–2021 fiscal periods
to ensure cashflow is maintained.
Explanatory note:
5. ESTIMATES FOR
ADMIN & CAPITAL
Determination of the Budget regarding the estimates for Administrative & Capital
Works Funds:
Refer to Annexure A for detail.
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WORKS FUNDS:
To RESOLVE that the following consideration of the statement of existing financial
situation and of estimated receipts and payments presented at the meeting that:
(a) Contributions to the administrative fund are estimated and determined at
$993,238.04 plus GST;
(b) Contributions to the capital works fund are estimated and determined at
$352,173.00 plus GST;
(c) The proportion of said contributions payable by the owners of each lot
shall be in accordance with the proposed levy schedule approved at the
meeting;
(d) The contributions of each owner to be payable by four equal instalments in
advance, the first such instalment to be due on 1 December 2019 (payable
by 15 January 2020); 15 March 2020, 1 June 2020 and then 1 September
2020;
(e) These minutes shall serve as a notice to each lot owner of the amount and
due date of each instalment of such contributions.
6. CAPITAL WORKS
FUND PLAN: To RESOLVE that once the matter of the façade remediation tender is settled that
the Owners Corporation review its Capital Works Fund Plan for the capital upgrade
and maintenance requirements of the building for the next ten (10) years.
7. DEBT
COLLECTION:
To RESOLVE that The Owners – Strata Plan No 55468, pursuant to the Strata
Schemes Management Act 2015 (including section 103) for the purpose of
collecting levy contributions to authorise the Strata Managing Agent and/or the
Strata Committee to do any one or more of the following:
(a) To issue arrears notices, reminder notices and/or letters to seek recovery
of levy contributions and the recovery of other debts, including penalties,
interest, legal and other costs/expenses;
(b) To engage or appoint the services of a debt collection agency, obtain
legal advice and/or retain legal representation and/or experts on behalf
of The Owners- Strata Plan No 55468;
(c) To issue demands, commence, pursue, continue or defend any court,
tribunal or any other proceedings against any lot owner, mortgagee in
possession and/or former lot owner in relation to all matters arising out of
the recovery of levy contributions and the recovery of other debts,
including penalties, interest, legal and other costs;
(d) Enter and enforce any judgment obtained in the collection of levy
contributions including issuing writ for levy of property (personal and real
property), garnishee orders, examination notices/orders/hearings,
bankruptcy notices, statutory demands and commencing and maintaining
bankruptcy proceedings or winding up proceedings;
(e) Filing an appeal or defending an appeal against any judgment
concerning the collection of levy contributions; and
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(f) Liaise, instruct and prepare all matters with the Owners Corporation’s
debt collection agents, lawyers and experts in relation to any levy
recovery proceedings.
Note: This resolution gives the Owners Corporation the power to take action to recover
unpaid levies, interest and recovery costs including commencing proceedings and enforcing
judgements obtained in legal proceedings for the recovery of unpaid levies, interest and
recovery costs.
Note: Pursuant to Sections 85(5) – (85)(7)of the Strata Schemes Management Act 2015 and
Regulation 18 and 19 of the Strata Scheme Management Regulations 2016 an Owners Corporation
may agree to enter into payment plans generally or in particular cases for the payment of overdue
contributions by a resolution passed at a general meeting. This resolution provides the power for the
Owners Corporation to enter into such payment plans.
Submitted by Strata Managing Agent:
To RESOLVE that The Owners – Strata Plan 55468, pursuant to Part 4 of Division
1 of the Strata Schemes Management Act 2015 (“Act”):
Appoint Strata Choice Pty Ltd, (“Agent”) under the instrument of appointment
(Agreement), a copy is attached to the agenda at which this resolution is made.
Delegate to the Agent all of the functions of:
• The Owners Corporation (other than those listed in section 52(2) of the
Act); and
• Its chairperson, treasurer, secretary and Strata Committee, necessary
to enable the Agent to carry out the ‘agreed services’ and ‘additional
services’ as defined in the Agreement;
That the delegation to the Agent is to be subject to the conditions and limitations in
the Agreement;
That it will execute the Agreement to give effect to this appointment and
delegation;
That two persons, being owners of lots or members of the Strata Committee,
execute the agreement in accordance with Section 273 of the Act. In the absence
of a determination, the secretary and any other member of the Strata Committee
shall execute the Agreement.
That upon execution of the Agreement, the Owners Corporation and the Agent
mutually agree that this Agreement supersedes and cancels all previous
delegations and instruments of appointment or agreement between the Owners
Corporation and the Agent.
9. AGENCY
AGREEMENT:
8. PAYMENT PLAN: That The Owners – Strata Plan 55468 RESOLVE to agree to enter into payment
plans generally for matters involving arrears of unpaid contributions/levies or other
amounts including interest, legal and other costs/expenses thereon and to
delegate to the strata manager and/or the Strata committee the ability to enter into,
arrange and monitor each such payment plan limited to a period of 12 months per
payment plan with any further or subsequent payment plan to be entered into as
agreed by the Strata committee or Owners Corporation by resolution.
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10. ANNUAL FIRE
SAFETY
STATEMENT:
That the Owners Corporation RESOLVES that whilst Hecker Australia Pty Ltd is
appointed as the Building Manager for the scheme and when an Annual Fire
Safety Statement is required in accordance with Part 9, Division 5 of the NSW
Environmental Planning and Assessment Regulations 2000:
(a) it is required on an annual basis to engage a competent person to
provide an annual fire safety statement; and
(b) subject to receipt of the statement from the competent person, it is
instructed to sign on behalf of the scheme and lodge the statement with
local Council and cause a copy of the statement to be given to the Fire
Commissioner.
11. REPORT ON
COMMISSIONS:
That a report be received from the Strata Managing Agent on commissions and
training services received in the past 12 months and estimate of commissions and
training services to be received in the next 12 months.
Note:
The strata managing agent under section 60 of the Strata Schemes Management Act 2015 is required
to disclose all commissions or training services provided to the strata managing agent for the strata
scheme. As at the date of the notice of this meeting the strata managing has received the following
Commissions:
$0 in insurance commissions in the past 12 months and an amount of $0 in commissions is expected to
be received in the next 12 months.
Training:
The equivalent of $0 in training services in the past 12 months, and an amount of $0 in training is
expected to be received in the next 12 months.
12. BUILDING WORKS
LOT 132
(Apt 2202):
Motion proposed by J Silberstein Lot 132
That the Owners Corporation SPECIALLY RESOLVES, pursuant to section 108 of
the Strata Schemes Management Act 2015, that the owner of Lot 132 be
authorised to alter and to add to the common property by carrying out the works
described in the provisions of By-Law 63, Conducting Building Works - as if the
whole of By-law 63 were incorporated and re-stated in this By-Law and that the
Owner of Lot 132 is bound by and must comply with By-Law 63 with respect to:
(A) Installation of replacement of all tiling and installation of replacement
waterproofing membranes and all ancillary fixtures, fittings and works
thereto in the master bedroom ensuite bathroom of the Lot;
(B) Installation of replacement of all tiling and installation of replacement
waterproofing membranes and all ancillary fixtures, fittings and works
thereto in the second bedroom ensuite bathroom of the Lot;
(C) Installation of replacement of all tiling and installation of replacement
waterproofing membranes and all ancillary fixtures, fittings and works
thereto in the laundry of the Lot;
(D) Installation of a replacement kitchen and all ancillary fixtures, fittings
and works thereto including the installation of a gas heater flue,
removal of a non-load bearing wall between the kitchen and dining
room (as certified by Bekker Structural Engineering on 21 October
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2019), relocation of fire sprinkler heads and pipework thereto servicing
the Lot as required;
(E) Replacement joinery and cabinetry to the master bedroom;
(F) Installation of tiling and waterproofing membranes to the upper level
balcony of the Lot.
Per the plans provided by the Lot owner dated October 2019.
Explanatory note:
The owner of Lot 132 (Apt 2202) seeks to undertake a renovation to the apartment as set out in the
scope of works and plans submitted (as available at the Regency Hyde Park website). On the advice of
the Building Manager and the Strata Manager they are referred to the Owners at a General Meeting for
consent to Bylaw 63. Bylaw 63 is the consent Bylaw to govern Major Works to apartments. Bylaw 63 is
included with this Notice of Meeting.
13. BUILDING WORKS
LOT 128
(Apt 2102):
Motion proposed by E Matalon (Lot 128 Apt 2102)
That the Owners Corporation SPECIALLY RESOLVES, pursuant to section 108 of
the Strata Schemes Management Act 2015, that the owner of Lot 128 be
authorised to alter and to add to the common property by carrying out the works
described in the provisions of By-Law 63, Conducting Building Works - as if the
whole of By-law 63 were incorporated and re-stated in this By-Law and that the
Owner of Lot 128 is bound by and must comply with By-Law 63 with respect to:
(A) Installation of replacement of all tiling and installation of replacement
waterproofing membranes and all ancillary fixtures, fittings and works
thereto in the master bedroom ensuite bathroom of the Lot;
(B) Installation of replacement of all tiling and installation of replacement
waterproofing membranes and all ancillary fixtures, fittings and works
thereto in the second bedroom ensuite bathroom of the Lot;
(C) Installation of replacement of all tiling and installation of replacement
waterproofing membranes and all ancillary fixtures, fittings and works
thereto in the bathroom of the Lot;
(D) Installation of replacement of all tiling and installation of replacement
waterproofing membranes and all ancillary fixtures, fittings and works
thereto in the laundry of the Lot;
(E) Installation of tiling and waterproofing membranes to the balconies of
the Lot.
Per the plans and work specifications provided by the Owner of the Lot, dated
October 2019.
Explanatory note:
The owner of Lot 128 (Apt 2102) seeks to undertake a renovation to the apartment as set out in the
scope of works and plans submitted (as available at the Regency Hyde Park website). On the advice of
the Building Manager and the Strata Manager they are referred to the Owners at a General Meeting for
consent to Bylaw 63. Bylaw 63 is the consent Bylaw to govern Major Works to apartments. Bylaw 63 is
included with this Notice of Meeting.
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14. REPEAL OF
BYLAW 25 & NEW
BYLAW 25
ANIMALS:
Motion proposed by E Locker Lot 89
That pursuant to Section 141 of the Strata Schemes Management Act 1996 (NSW)
the Owners Corporation Strata Plan No. 55468 SPECIALLY RESOLVES to
REPEAL the existing By-Law 25 and REPLACE it with the following:
That Bylaw 25 is hereby Repealed.
By-Law 25 Animals
Definitions
25.1 In this By-Law:
Act means the Strata Schemes Management Act 2015 (NSW).
Animal means a “companion animal” within the meaning of the Companion Animals
Act 1998 (NSW) and includes a dog and a cat but does not include a Prohibited
Animal.
Lot means an apartment lot within the Strata Scheme.
Owner means an owner of a Lot who is in occupation of that Lot or another Lot.
Prohibited Animal means:
(a) an animal that is not a “companion animal” within the
meaning of the Companion Animals Act 1998 (NSW);
(b) a “dangerous dog”, a “nuisance dog”, a “restricted dog” or
a “nuisance cat” within the meaning of the Companion
Animals Act 1998 (NSW);
(c) a dog, cat, or other animal weighing more than 10kg.
Recreational Facilities means the gym and swimming pool area of the common
property.
Strata Scheme means Strata Plan 55468 in the State of New South Wales.
Keeping of Fish
25.2 An Owner or occupier of a Lot may keep, without the prior written approval
of the Owners Corporation, fish kept in an enclosed and secure aquarium
on the Lot.
General Prohibition on Keeping of Animals
25.3 Subject to Section 139 of the Act and this By-Law, an Owner must not,
without the prior written approval of the Owners Corporation, keep or permit
any animal to be on a Lot or on the Common Property.
25.4 Subject to Section 139 of the Act, an occupier of a Lot who is not an Owner
must not keep or permit any animal to be on a Lot or on the Common
Property.
Application for Approval for the Keeping of a Companion Animal
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25.5 An Owner may apply to the Owners Corporation for approval for the keeping
of an Animal in a Lot.
25.6 An Owner cannot apply to the Owners Corporation for approval for the
keeping of a Prohibited Animal in a Lot.
25.7 An application to the Owners Corporation for approval for the keeping of an
Animal must be complete and:
(a) be in writing and, where the Strata Committee has approved a form
for this purpose, be on the approved form; and
(b) contain the following information:
(i) a detailed description of the Animal proposed to be kept
(including details of the type, breed, size (both current and
when fully grown) and temperament of the Animal);
(ii) a colour photograph of the Animal;
(iii) documents relating to the registration of the Animal under
the Companion Animals Act 1998 (NSW);
(iv) references relating to responsible animal ownership (if
available);
(v) a bond in the amount of AUD$1,000.00, such bond to be
refundable upon the permanent removal of the animal from
the Lot;
(vi) such other information as the Strata Committee may
reasonably require.
25.8 An incomplete application must not be considered by the Strata Committee.
25.9 A complete application must be considered by the Strata Committee at the
next duly-convened meeting of the Strata Committee.
Determination of a Complete Application
25.10 After considering a complete application, the Strata Committee must either
approve (with or without additional conditions) or refuse the application.
25.11 The Strata Committee must not unreasonably withhold its approval for the
keeping of an Animal in a Lot.
25.12 The Strata Committee must not give approval for the keeping of a Prohibited
Animal in a Lot.
Conditions of Approval
25.13 Approval for the keeping of an Animal on a Lot is subject at all times to
compliance with the following conditions:
(a) The Owner must keep the Animal within the Lot.
(b) When on the Common Property, the Owner must carry the animal
or otherwise keep the Animal on a leash or other secure restraint.
(c) The Owner must not permit the Animal to be in or on the
Recreational Facilities.
(d) The Owner must take all necessary measures to ensure that the
Animal does not create any noise or behave in a manner likely to
interfere with the peaceful enjoyment of the Owner or occupier of
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another Lot or any person lawfully using the Common Property. For
the avoidance of doubt, the Owner must not leave the Animal alone
inside a Lot if this leads to prolonged (1 hour or more) barking,
whining, or other noise from the Animal.
(e) The Owner must take such action as may be necessary, or as
otherwise directed by the Building Manager, to clean all areas of the
Lot or the Common Property that may be soiled by the Animal.
(f) The Owner must vaccinate and treat the Animal for worms and fleas
annually and provide evidence of this to the Strata Committee upon
request.
(g) The Owner must bag and wrap the Animal’s waste securely and
dispose of that waste in accordance with the waste management
policies of the Building.
(h) The Owner must not flush or otherwise dispose of pet litter granules
through the toilet or sinks of the Lot or the Common Property.
(i) The Owner must not groom the Animal on the Common Property or
allow any hair to escape onto the Common Property. For the
avoidance of doubt, the Owner must bag and wrap any of the
Animal’s hair securely and dispose of that hair in accordance with
the waste management policies of the Building.
25.14 All approvals under this By-Law shall initially be granted on a 3 month trial
basis during which trial period the Strata Committee, acting reasonably, may
determine that the Animal is not being kept in accordance with this By-Law
and serve a written notice requiring the Animal’s removal within 21 days of
the service of the said notice.
25.15 Nothing in this By-Law limits the powers of the Owners Corporation or Strata
Committee to impose other conditions on any approval given under this By-
Law.
Liability and Indemnity
25.16 Without limiting the liability at law of the Owner or occupier of a Lot, the
Owner or occupier of a Lot with fish kept in an enclosed and secure
aquarium on the Lot is liable to:
(a) the Owners Corporation, for any loss or damage to the Common
Property caused by the fish or the aquarium;
(b) other Owners or occupiers of a Lot, for any loss or damage to those
persons or their property caused by the fish or the aquarium;
(c) any other person lawfully on a Lot or using the Common Property,
for any loss or damage to those persons or their property caused by
the fish or the aquarium.
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25.17 Without limiting the liability of the Owner at law, the Owner of an animal is
liable to:
(a) the Owners Corporation, for any loss or damage to the Common
Property caused by the animal;
(b) other Owners or occupiers of a Lot, for any loss or damage to those
persons or their property caused by the animal;
(c) any other person lawfully on a Lot or using the Common Property,
for any loss or damage to those persons or their property caused by
the animal.
25.18 Without limiting the Owners Corporation’s rights of recovery against an
Owner or occupier of a Lot, the Owner or occupier of a Lot with fish kept in
an enclosed and secure aquarium on the Lot, and the Owner of an animal
must indemnify the Owners Corporation against any loss or damage
suffered by the Owners Corporation by, or in connection with, the keeping
of the fish or the animal on the Lot or the Common Property.
Breach and Removal
25.19 Without limiting the powers of the Owners Corporation in respect of the
enforcement of the By-Laws, the Owners Corporation may, in respect of a
breach of any provision of this By-Law, including, but not limited to, the
conditions in Clause 25.13 herein, serve a written notice:
(a) requiring the breach to be remedied within the time specified in the
notice; or
(b) rescinding the approval for the keeping of the animal and requiring
the animal to be removed from the Lot within the time specified in
the notice.
25.20 Where approval for the keeping of an animal has been rescinded in
accordance with this By-Law, the Owner must remove the animal from the
Lot within the time specified in the notice.
25.21 An Owner who does not comply with a notice requiring an animal to be
removed from the Lot within the time specified in the notice will thereafter
be in breach of this By-Law and shall fully indemnify the Owners Corporation
for the costs of enforcing this By-Law.
25.22 The bond referred to in Clause 25.7(v) herein may be forfeited, in whole or
in part, by resolution of the Strata Committee, in the event of a breach of
this By-Law in accordance with the Owners Corporation’s rights of recovery
and indemnity against the Owner in breach.
Other
25.23 An application by an Owner or an occupier of a Lot under the Act in relation
to any of the matters dealt with in this By-Law does not operate:
(a) as approval for the keeping of an animal on a Lot;
(b) as a stay of a notice requiring the removal of an animal from a Lot.
Explanatory note:
The Owner of Lot 89 seeks to change by-law 25 to permit the keeping of animals generally in accordance
with the above by-law. All by-laws are available to view at the Regency Hyde Park website.
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15. CONSOLIDATION
OF BYLAWS:
That the Strata Managing Agent be authorised to re-consolidate the Bylaws as
adopted at this Annual General Meeting.
Explanatory note:
The Owners Corporation is required to retain and keep a single set of Bylaws. Following this meeting all
Bylaws adopted will be added to the consolidated set, numbered and lodged with Land and Property
Management Authority.
16. THE STRATA
COMMITTEE:
To RESOLVE that the Owners Corporation elect the members of the Strata
Committee and to determine the number to be elected.
17. RESTRICTIONS ON
STRATA
COMMITTEE:
To RESOLVE that the Owners Corporation decide if any matter or type of matter is
to be determined only by the Owners Corporation in general meeting.
18. FINANCIAL
RESTRICTIONS ON
STRATA
COMMITTEE:
To RESOLVE that the Owners Corporation remove the limitation imposed under
Section 102 of the Strata Schemes Management Act 2015, generally or in relation
to any particular item or matter.
Dated: 28 October 2019, St Leonards NSW
Plans, details and specifications for Motions 12 and 13 are available on the Regency Hyde Park Website
www.regencyhydepark.com.au
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By-law 63: Conducting Building Works (Major Works) in the Strata Scheme 1.1 For the purpose of protecting the health, safety and welfare of all Owners and occupiers of Lots in the Strata scheme,
ensuring the smooth conduct and completion of Major Works in Lots and to avoid, so far as is possible, loss and damage to the Owners Corporation and to Owners and occupiers of Lots and disruption to the orderly functioning of the Strata scheme, an owner must not permit or carry out any Major Works in that owner’s Lot that are not Cosmetic Works or Minor Renovations unless the owner complies and ensures that the owner’s contractors and their subcontractors, employees, servants and agents comply, with the succeeding provisions of this by-law.
Conditions of By-law
Prior to Undertaking Major Works
1.1 At least 60 days prior to wanting to undertake any Major Works, the owner must notify the Strata Committee in writing of the owner’s desire to do so including in or with that notice:
a. the owner’s name and Lot number;
b. a description of all of the Major Works that the owner is proposing to carry out;
c. floor plans, drawings and specifications depicting the owner’s Lot prior to the proposed Major Works and a copy of the plans, drawings and specifications for the Major Works; and
d. an intended timetable for carrying out the proposed Major Works including the duration of the proposed Major Works.
1.2 For the purposes described in clause 1.1 of this by-law, the Strata Committee may impose restrictions and obligations on the owner (which restrictions and obligations the owner must ensure are complied with by the owner’s contractors and their subcontractors, employees and agents) which may include without limitation:
a. that the owner and the owner’s contractors meet with the Strata Committee to discuss the proposed Major Works and the plans, drawings and specifications for the Major Works and the obligations imposed on the owner under this by-law;
b. that the owner provides to the Strata Committee a materials handling plan setting out how materials including building materials, plant, equipment or debris will be supplied to, transferred within and removed from the parcel;
c. if the Major Works may involve generation of significant noise or vibrations likely to be heard or felt beyond the perimeters of the Lot by occupiers of other Lots in the Strata scheme, that the owner gives written notice to the Strata Committee and occupiers of other Lots in the Strata scheme of the intended time those Major Works are likely to commence and their estimated duration no later than 24 hours prior to commencement of those Major Works; and
d. such other restrictions and obligations the Strata Committee considers to be reasonable and appropriate having regard to the nature of the Major Works.
1.3 Prior to undertaking the Major Works, in addition to any other restrictions or obligations imposed by the Strata Committee under clause 1.3 of this by-law:
a. the owner must, at the owner’s cost, provide to the Strata Committee:
(i) a draft of a Common Property rights by-law in or substantially to the effect of the pro forma by-law set out in the schedule to this by-law (such by-law to be prepared by a solicitor appointed by the Owners Corporation); and
(ii) the owner’s written consent to that Common Property rights by-law as required by the Strata Management Act (in a form to be approved by a solicitor appointed by the Owners Corporation),
and the owner must not commence any Major Works until such time as the by-law has been adopted by Owners at a general meeting of the Owners Corporation and section 141(2) of the Strata Management Act has been complied with;
b. the owner must obtain and provide to the Strata Committee any required approval of the Council for the performance of the Major Works or provide written confirmation to the Strata Committee that no such approval is required;
c. the owner must obtain and provide to the Strata Committee a certificate of currency of the insurance policy or policies of the contractors carrying out the Major Works which is effected with a reputable insurance company reasonably acceptable to the Strata Committee for:
Page 14
Page 12 of 15 SM0035
(i) contractor's all risk insurance incorporating public liability insurance in an amount of not less than $10,000,000;
(i) any insurance required in respect of the Major Works under section 92 of the Home Building Act 1989; and
(ii) workers’ compensation insurance in accordance with applicable legislation;
d. if the Major Works involve structural changes to the Lot and/or any Common Property or if otherwise reasonably required by the Strata Committee, the owner must:
(i) obtain and provide to the Strata Committee the opinion of a structural engineer (reasonably acceptable to the Strata Committee) to the effect that, if the Major Works are carried out in a good and workmanlike manner substantially in accordance with the plans, drawings and specifications provided to the Strata Committee, the Major Works will not adversely affect the structural integrity of the Building or any part thereof;
(ii) obtain and provide to the Strata Committee a Dilapidation Report; and
e. if required by the Strata Committee, the owner must deposit with the Strata managing agent a Bond as security for the costs to the Owners Corporation of the repair of any Common Property damaged or defaced, or the cleaning of any Common Property defaced or soiled, by the performance of the Major Works, which bond is to be drawn upon by the Owners Corporation if the owner (including through its contractors) fails to repair or clean that Common Property to the reasonable satisfaction of the Strata Committee within the period of two weeks after the Major Works are completed (or such longer time as the Strata Committee, acting reasonably, agrees);
1.4 Upon compliance by the owner with clauses 1.2 and 1.4 of this by-law and any restrictions or obligations imposed by the Strata Committee under clause 1.3 of this by-law, the Strata Committee will grant approval for the owner’s proposed Major Works subject to Owners adopting at a general meeting of the Owners Corporation a Common Property rights by-law specifically authorising the owner’s proposed Major Works and section 141(2) of the Strata Management Act being complied with.
Performance of Major Works
1.5 In carrying out the Major Works, the owner must (and must ensure that the owner’s contractors and their subcontractors, employees, servants and agents must):
a. comply with the by-laws, all restrictions and/or obligations imposed by the Strata Committee under clause 1.3 of this by-law and all other reasonable directions of the Owners Corporation;
b. ensure that the Major Works are carried out in a good and workmanlike manner by licensed contractors in compliance with the relevant provisions of the National Construction Code and relevant Australian Standards and in such a way as to minimise disruption and inconvenience to any owner or occupier of any other Lot in the Strata scheme;
c. if the Major Works interfere with any service associated with the provision of electricity, plumbing, security, telecommunications or any other utility to the Strata scheme, ensure that the occupiers of the Lots whose services will be interfered with are provided with a written notice at least 48 hours before the services are interfered with which indicates when and how the services to their Lot will be interfered with;
d. ensure that the Major Works are carried out substantially in accordance with the plans, drawings and specifications provided to and approved by the Strata Committee prior to construction and, if the approval of Council is required for the conduct of the Major Works, as approved by Council;
e. not without the approval in writing of the Strata Committee and, if required, Council, materially amend or vary the Major Works, plans, drawings and specifications in such a way that there is a departure, in particular but without limitation from the structure existing within the Lot or as depicted in the plans, from those approved by the Strata Committee and/or Council;
f. if the proposed Major Works relate to, interfere with or affect a waterproofing membrane in any wet area (including without limitation by the installation or removal of tiles or any toilet, hand basin, bath, shower tray or like fittings in any bathroom, toilet, laundry or other wet area) and/or require a new waterproofing membrane to be installed, ensure that a new waterproofing product which has a product warranty of not less than 10 years is installed in the relevant wet area and that, once installed, the relevant wet area will be rendered completely waterproof;
g. without limiting clause 1.6(f) of this by-law, ensure that the waterproofing product installed in the relevant wet area:
Page 15
Page 13 of 15 SM0035
(i) complies with the requirements of the National Construction Code and the Australian Standards;
(ii) is installed in compliance with the manufacturer's specifications for installation; and
(iii) is installed by a contractor licensed to install the waterproofing product;
h. ensure that if any of the Major Works can be seen clearly from outside the Lot or involve an alteration to the exterior façade of the Building, that the Major Works are aesthetically in keeping with the rest of the Building and the Strata scheme;
i. take reasonable precautions to protect all areas of the Building outside the Lot from damage caused by the Major Works;
j. take reasonable precautions to ensure that any dust generated by the performance of the Major Works is contained wholly within the Lot;
k. ensure that all construction materials, equipment, debris and other material associated with the Major Works is transported over Common Property in the manner set out in any materials handling plan that is provided to and approved by the Strata Committee, or as otherwise reasonably directed by the Strata Committee and that no construction materials, equipment, debris and other material associated with the Major Works are deposited on any part of the parcel for longer than 24 hours unless prior arrangements have been made by the owner or the owner’s contractor with the Strata Committee for the use and siting of a rubbish skip or dump bin (and which must not in any event be sited within the owner’s carparking space);
l. ensure that all areas of the Building outside the Lot affected by the performance of the Major Works are kept clean and tidy throughout the performance of the Major Works;
m. ensure that, so far as is reasonably practicable, the Major Works are performed wholly within the Lot;
n. ensure that all debris resulting from the Major Works is removed from the Building and the parcel as soon as practicable;
o. only perform the Major Works between the hours of 7:30am and 5:00pm Monday to Friday, between the hours of 8:00am and 12:00pm on a Saturday and not at all on a Sunday or any public holiday or during such other hours as are prescribed by Council, or as are approved in writing by the Strata Committee acting reasonably;
p. ensure that Major Works which generate significant noise and/or vibration of whatsoever nature (including the use of percussive equipment such as a jackhammer) that can be heard or felt beyond the limits of the Lot are only performed between the hours of 8:00am and 3:00pm Monday to Friday (excluding public holidays) or at such other time or times as are prescribed by Council, or as are approved in writing by the Strata Committee acting reasonably;
q. ensure that no doors or access ways (including security doors) are blocked or hindered in any way by the owner’s contractors or their subcontractors, employees or agents or by construction materials, equipment, debris and other material associated with the Major Works;
r. ensure that the Major Works do not interfere with or damage the Common Property or the Property of any other owner or occupier otherwise than as approved in this by-law;
s. ensure that neither the owner nor the owner’s contractors or their subcontractors, employees or agents use any of the Owners Corporation’s garbage bins to store or cart debris, building materials, tools or equipment;
t. make good any damage caused by the owner or the owner’s contractors or their subcontractors, employees or agents in the performance of the Major Works within a reasonable period after that damage occurs;
u. ensure that, subject to any extension of time required by reason of any supervening event or circumstance beyond the owner’s reasonable control, complete the Major Works within the timeframe specified in the timetable provided to and approved by the Strata Committee, or such longer period of time as the Strata Committee, acting reasonably, permits.
Completion of Major Works
1.6 The owner must inform the Owners Corporation when the Major Works have been completed within 7 days of such completion.
Page 16
Page 14 of 15 SM0035
1.7 If any required approval of Council is necessary to carry out the Major Works, on completion of the Major Works, the Owner must provide to the Strata Committee the certificate of the Council that the Major Works have been inspected by the Council and that the Major Works comply with the conditions of any approval given by the Council.
1.8 If required by the Strata Committee, the owner must, within 48 hours of any request from the Strata Committee (or such longer period of time as is agreed with the Strata Committee), give the Strata Committee or a representative of the Owners Corporation nominated by the Strata Committee access to the part or parts of the Lot in which the Major Works have been performed for the purpose only of inspecting the Major Works. No liability or obligation will attach to the Owners Corporation or any of its representatives consequent upon any such inspection.
1.9 The owner must provide to the Strata Committee a certificate from the licensed contractor who installed the waterproofing product specified in clauses 1.6(f) and (g) of this by-law that the waterproofing product has been installed in compliance with clauses 1.6(f) and (g) of this by-law.
Liability and Indemnity 1.10 The owner is liable for any damage (whenever occurring) caused to any part of the Common Property or to the
Property of any owner or occupier of any other Lot in the Strata scheme as a direct result of the Major Works, or the performance thereof and the owner must take all such steps as are necessary to make good that damage within a reasonable time after it has occurred.
1.11 The owner indemnifies the Owners Corporation and each other owner or occupier of any other Lot in the Strata scheme against any loss or damage, cost, charge or expense (including the costs of recovery) incurred or sustained by the Owners Corporation or the other owner or occupier as a direct result of the Major Works, or the performance thereof.
Repair and Maintenance Obligations 1.12 The owner must, at the owner’s cost, maintain and keep the alterations and additions installed in the course of the
Major Works (including but not limited to the fixtures and fittings installed as part of the Major Works) and the Common Property directly affected by the performance and keeping of the Major Works in the Lot in a state of good and serviceable repair and the owner must renew or replace it or them whenever necessary.
1.13 Subject to clause 1.13 of this by-law, the Owners Corporation remains responsible for the proper maintenance, and keeping in a state of good and serviceable repair, of the Common Property.
Dilapidation Report, Bond and Right to Remedy Default
Dilapidation Report
1.14 To facilitate the preparation of any Dilapidation Report that is required pursuant to clause 1.4(d)(ii) of this by-law and to assist in assessing any claims made pursuant to this by-law, each owner of a Lot affected or likely to be affected by the performance of the Major Works must, on not less than three business days’ notice, allow access to their Lot, and the Owners Corporation must allow access to the Common Property, to facilitate the conduct of the survey of those Lots and that Common Property for the preparation of the Dilapidation Report, in default of which access any subsequent claim for rectification, payment or reimbursement may be adversely affected.
1.15 The Dilapidation Report will form the basis for the ascertainment and determination of any claims for rectification of alleged damage and payment or reimbursement of costs, charges or expenses in respect of alleged loss or damage as a direct result of the Major Works or the performance thereof.
Bond 1.16 Upon completion of the Major Works, the owner will be entitled to a refund of any Bond deposited by the owner with
the Strata managing agent (within 21 days of the owner’s written request for the refund of the Bond) but only if:
a. no damage has been done by the performance of the Major Works to any part of the Common Property in or about the Building; and
b. any damage to any part of the Common Property caused by the performance of the Major Works has been rectified by the owner to the reasonable satisfaction of the Owners Corporation.
1.17 If the owner or the owner’s contractors or their subcontractors, employees, servants or agents leave the Common Property unclean, untidy, defaced or damaged as a result of the performance of the Major Works the Owners Corporation may:
a. demand that the owner rectifies the unclean, untidy, defaced or damaged Common Property;
b. rectify any damage to the Common Property (including cleaning of any unclean, untidy or defaced area of the Common Property);
c. retain the Bond (or so much of it as is required to defray the Owners Corporation’s costs) and apply it in or towards rectification of the damage;
Page 17
Page 15 of 15 SM0035
d. if the Bond is insufficient to cover the costs of rectification, recover the costs of any rectification work (including the costs of recovery), or so much as is not covered by the Bond, from the owner as a debt due;
e. if the debt described in (d) above is not paid within one month after the date on which it is due, charge simple interest at the same rate as applicable to contributions unpaid under section 85 of the Strata Management Act or, if the regulation under the Strata Management Act prescribes some other rate, then at that other rate; and/or
f. include reference to any such debt (including interest thereon) on a Strata information certificate issued under section 184 of the Strata Management Act in respect of that Lot.
Right to Remedy Default
1.18 In the event that the owner fails to comply with this by-law, the Owners Corporation may by resolution of the Strata Committee give a written notice to the owner:
a. specifying the breach or breaches of this by-law; and
b. setting out the action or works required to be taken by the owner to rectify the breach or breaches; and
c. specifying a time by which the rectification action or works is or are required to be completed.
1.19 If an owner is served with a notice under the preceding clause and that owner fails to carry out the works or take the action set out in the notice by the date which is 14 days after the date specified in the notice and the breach of the by-law is subsisting at that date, then the Owners Corporation may:
a. carry out all work necessary to rectify the breach or breaches of the by-law and enter upon any part of the owner’s Lot to carry out that work;
b. take such action as the Strata Committee considers is reasonable and appropriate in the circumstances to enforce this by-law and any by-law adopted in respect of the Major Works; and/or
c. recover the costs of carrying out the work or taking any action set out in this clause and/or the costs of enforcement of the by-laws from the owner (including the costs of recovery),
and the owner indemnifies the Owners Corporation against any liability flowing from the actions of the Owners Corporation pursuant to this clause.
1.20 If the debt for the Major Works or enforcement of the by-laws as provided in this by-law is not paid within one month
after the date on which it is due:
a. the debt, or so much of it as is unpaid, will bear simple interest at the same rate as applicable to contributions unpaid under section 85 of the Strata Management Act or, if the regulation under the Strata Management Act prescribes some other rate, then at that other rate; and
b. the Owners Corporation may include reference to that debt and interest thereon on a Strata information certificate issued under section 184 of the Strata Management Act in respect of that Lot.
Costs
1.21 The Major Works must be performed entirely at the owner’s cost.
1.22 The owner must bear and pay the costs of:
a. the preparation, adoption and registration of the Common Property rights by-law specified in clause 1.4(a) of this by-law authorising the carrying out by the owner of Major Works; and
b. the Owners Corporation engaging any expert to advise on the Major Works before, during and/or after the carrying out of the Major Works.
Operation of By-law 1.23 This by-law does not relieve an owner from any duty or obligation to comply with the provisions of the Strata
Management Act (relating to the making of a by-law authorising particular Major Works or the exercise of a special privilege or grant of exclusive use rights) or any other regulatory instrument.
1.24 Every by-law made by the Owners Corporation authorising the performance of Major Works is subject to the provisions of this by-law unless specifically excluded.
1.25 References in this by-law to any action by or in respect of the Owners Corporation may, unless the reference or the Strata Management Act specifically requires the approval of the Owners Corporation in general meeting, be done by or on the instruction of the Strata Committee and a notice given under this by-law may be given by the Strata managing agent pursuant to a resolution of the Strata Committee.
1.26 In the event of there being any inconsistency between this by-law and any other by-law in the Strata scheme, this by-law shall prevail to the extent of that inconsistency.
Page 18
Pag
e 1
of
12
SM
00
66
RE
GE
NC
Y H
YD
E P
AR
K
28
1 E
liza
beth
Str
eet,
Sydn
ey N
SW
20
00
TO
TH
E O
WN
ER
S –
ST
RA
TA
SC
HE
ME
No
55
468
Da
te:
24
Oc
tob
er
20
18
Tim
e:
6.3
0 p
m
Ad
dre
ss
: 2
81
Eli
za
be
th S
tre
et,
Syd
ne
y N
SW
20
00
Lo
ca
tio
n:
Hyd
e P
ark
Fo
rum
, 27
1 E
liza
be
th S
tre
et,
S
yd
ne
y N
SW
20
00
Min
ute
s o
f A
nn
ua
l G
en
era
l M
ee
tin
g
A q
uoru
m w
as n
ot p
resent at 6
.30 p
m
Purs
uant to
Schedu
le 1
, C
lause 1
7(4
)(b)
of th
e S
tra
ta S
chem
es M
anagem
en
t A
ct 2015
a
fter
ha
lf an
hour
the C
ha
irpers
on d
ecla
red that
those
pe
rsons p
resent in
pers
on a
nd/o
r by
pro
xy
constit
ute
d a
quoru
m for
consid
ering th
e m
otio
ns o
f th
e a
ge
nda
of
the m
eetin
g.
PR
ES
EN
T P
ER
SO
NA
LL
Y:
Will
iam
O’B
rie
n P
ty L
td (
Lo
t 2
), B
eva
n (
Lo
t 8
& 1
69
), W
eile
y (L
ot 5
& 1
46),
Lu
ttre
ll (L
ots
6 &
24
0),
Hyn
es (
Lo
ts 1
4 ,4
9,
73
, 12
2, 1
49
, 17
0, 1
73
, 2
25
& 2
32
),
Pa
nucci (
Lo
ts 2
3 &
16
5),
Lu
(Lo
ts 3
4 &
24
9),
Su
mm
ers
(Lo
t 66
& 2
03
),
Mo
(74
& 2
29
), A
llum
& G
ag
en
(L
ots
11
1, 1
16
, 14
5 &
149
),
Sh
ort
(L
ots
11
7 &
27
5),
Cro
wle
y (L
ots
12
3, 1
59
& 1
60),
Ma
talo
n (
Lo
ts 1
28
, 1
42
& 1
43
), E
ng
elb
ert
(L
ots
131
, 20
3 &
21
2),
Silb
ers
tein
(L
ots
13
2, 1
40
& 1
41
), L
ock
er
(Lo
t 2
35
)
PR
ES
EN
T B
Y P
RO
XY
:
To
T B
O’B
rie
n /
Cha
irpe
rso
n
Po
we
ll (L
ots
30
& 1
64
), C
he
e (
Lo
t 44
), M
eo
(L
ots
46
& 1
63
),
To
k (L
ots
56
& 1
08
), W
hitw
ell
(Lo
t 9
3)
To
T O
zer:
In
ne
r C
ity P
rop
ert
ies (
Lo
ts 3
8, 6
9, 9
0, 2
27
, 23
8,
17
5)
To
M A
da
mo
: L
ocke
r (L
ot 8
9)
To
J M
cD
on
ald
:
Po
we
ll (L
ot
30
), T
au
be
r (L
ots
64
& 2
17)
AP
OL
OG
IES
: M
& A
Ta
ub
er,
S C
hua
, M
& H
Be
va
n,
H P
ow
ell,
M M
eo
, G
Wh
itwe
ll, D
& D
Fa
ithfu
ll
IN A
TT
EN
DA
NC
E:
D H
eck
er
(He
cke
r A
ust
ralia
), J
McD
ona
ld (
SC
Lin
de
rs)
CH
AIR
PE
RS
ON
: B
O’B
rie
n c
ha
ire
d th
e M
ee
ting
1.
MIN
UT
ES
:
RE
SO
LV
ED
th
at
the
Min
ute
s o
f th
e l
ast
Ge
ne
ral
Me
etin
g h
eld
23
Ma
rch
20
18
be
con
firm
ed
as
a tru
e a
nd
acc
ura
te r
eco
rd o
f th
e p
roce
ed
ings o
f th
at m
ee
ting
.
2.
AC
CO
UN
TS
: R
ES
OL
VE
D t
ha
t th
e A
ud
ited
Fin
an
cia
l S
tate
me
nts
as s
up
plie
d b
e c
onfirm
ed
and
ado
pte
d.
A c
opy
of th
e A
udit r
eport
fro
m T
ho
mas H
opper
& P
art
ners
date
d 2
4 O
cto
ber
2018 w
as tab
led
.
A c
opy c
an
be
pro
vid
ed to
ow
ners
on
request to
th
e S
trata
Ma
na
gin
g A
gen
t.
3.
INS
UR
AN
CE
S:
RE
SO
LV
ED
th
at
the
Ow
ners
Co
rpora
tion
’s in
sura
nce
s a
s li
ste
d b
e c
onfirm
ed
.
Pag
e 2
of
12
SM
00
66
4.
CA
PIT
AL
WO
RK
S
FU
ND
PL
AN
:
RE
SO
LV
ED
th
at
the
Ow
ners
Co
rpo
ratio
n r
evie
w it
s C
ap
ital W
ork
s F
und
Pla
n f
or
the
cap
ital
up
gra
de
and
ma
inte
na
nce
req
uire
me
nts
of
the
bu
ildin
g f
or
the
ne
xt t
en
(10
)
yea
rs a
nd t
he
pla
n b
e s
ubm
itte
d t
o t
he S
tra
ta C
om
mitt
ee
fo
r con
sid
era
tion
an
d t
ha
t
the
pla
n b
e p
rese
nte
d to
ow
ne
rs a
t th
e n
ext
An
nu
al G
en
era
l Me
etin
g.
5.
ES
TIM
AT
ES
FO
R
AD
MIN
IST
RA
TIV
E
AN
D C
AP
ITA
L
WO
RK
S F
UN
DS
:
De
term
ina
tion
of
the
Bu
dg
et re
ga
rdin
g th
e e
stim
ate
s fo
r A
dm
inis
tra
tive
& C
ap
ital
Wo
rks F
und
s:
RE
SO
LV
ED
th
at
the
fo
llow
ing
con
sid
era
tion
of
the
sta
tem
en
t of
exi
stin
g fin
an
cia
l
situ
atio
n a
nd
of
estim
ate
d r
ece
ipts
an
d p
aym
en
ts p
rese
nte
d a
t th
e m
ee
ting
th
at:
(a)
Con
trib
utio
ns
to th
e a
dm
inis
tra
tive
fu
nd
are
estim
ate
d a
nd
de
term
ine
d a
t
$97
7,8
92
.46
plu
s G
ST
;
(b)
Con
trib
utio
ns
to th
e c
ap
ital w
ork
s fu
nd
are
estim
ate
d a
nd
de
term
ine
d a
t
$31
9,5
15
.00
plu
s G
ST
;
(c)
Th
e p
rop
ort
ion
of
said
con
trib
utio
ns
pa
yab
le b
y th
e o
wn
ers
of e
ach
lot sh
all
be
in a
cco
rda
nce
with
th
e p
rop
osed
levy
sch
edu
le a
pp
roved
at
the
me
etin
g;
(d)
Th
e c
on
trib
utio
ns o
f e
ach
ow
ne
r to
be
pa
yab
le b
y fo
ur
eq
ua
l in
sta
lme
nts
in
adva
nce
, th
e f
irst
such
insta
lme
nt
to b
e d
ue
on
1 D
ece
mb
er
20
18
(pa
yab
le
by
15
Jan
ua
ry 2
019
); 1
Ma
rch
20
19
, 1
Ju
ne
20
19
and
th
en
1 S
ep
tem
be
r
201
9;
(e)
Th
ese
min
ute
s s
ha
ll se
rve a
s a
no
tice
to
each
lot o
wne
r of
the
am
ou
nt a
nd
due
da
te o
f e
ach
insta
lme
nt o
f su
ch c
on
trib
utio
ns.
6.
CO
LL
EC
TIO
N O
F
UN
PA
ID L
EV
Y
CO
NT
RIB
UT
ION
S:
RE
SO
LV
E t
ha
t T
he
Ow
ne
rs –
Str
ata
Pla
n N
o 5
54
68
, p
urs
uan
t to
th
e S
tra
ta
Sch
em
es M
an
ag
em
en
t A
ct 2
01
5 (
incl
ud
ing
se
ctio
n 1
03
) fo
r th
e p
urp
ose
of
colle
ctin
g le
vy
con
trib
utio
ns
to a
uth
orise
th
e S
tra
ta M
an
ag
ing
Ag
en
t a
nd
/or
the
Str
ata
Co
mm
itte
e t
o d
o a
ny
one
or
mo
re o
f th
e f
ollo
win
g:
(a)
To
issue
arr
ea
rs n
otic
es,
rem
ind
er
no
tice
s a
nd
/or
lette
rs t
o s
ee
k re
cove
ry
of
levy
con
trib
utio
ns a
nd
th
e r
ecove
ry o
f o
the
r d
eb
ts, in
clu
din
g p
ena
ltie
s,
inte
rest, le
ga
l an
d o
the
r co
sts
/exp
en
ses;
(b)
To
en
ga
ge
or
ap
po
int
the
se
rvic
es
of
a d
eb
t co
llectio
n a
ge
ncy
, o
bta
in
leg
al a
dvic
e a
nd
/or
reta
in le
ga
l re
pre
sen
tatio
n a
nd
/or
exp
ert
s o
n b
eha
lf o
f
Th
e O
wne
rs-
Str
ata
Pla
n N
o 5
54
68
;
(c)
To
issue
de
ma
nd
s, c
om
me
nce
, pu
rsu
e,
con
tinu
e o
r de
fen
d a
ny
cou
rt,
trib
un
al o
r an
y o
the
r pro
ceed
ings a
ga
inst a
ny
lot
ow
ne
r, m
ort
gag
ee
in
posse
ssi
on
an
d/o
r fo
rme
r lo
t ow
ne
r in
re
latio
n t
o a
ll m
att
ers
ari
sin
g o
ut o
f
the
re
cove
ry o
f le
vy
co
ntr
ibu
tions a
nd
th
e r
eco
very
of o
the
r d
eb
ts,
inclu
din
g p
en
alti
es, in
tere
st, le
ga
l an
d o
the
r co
sts
;
(d)
En
ter
an
d e
nfo
rce
an
y ju
dg
me
nt o
bta
ined
in th
e c
olle
ctio
n o
f le
vy
con
trib
utio
ns
incl
ud
ing
issu
ing
writ
for
levy
of
pro
pe
rty
(pe
rso
na
l and
rea
l
pro
pe
rty)
, ga
rnis
he
e o
rde
rs,
exa
min
atio
n n
otic
es/o
rde
rs/h
ea
rin
gs,
ba
nkr
up
tcy
no
tice
s,
sta
tuto
ry d
em
an
ds
an
d c
om
me
nci
ng
an
d m
ain
tain
ing
ba
nkr
up
tcy
pro
ceed
ing
s o
r w
ind
ing
up
pro
cee
din
gs;
(e)
Fili
ng
an
ap
pe
al o
r d
efe
nd
ing
an
ap
pe
al a
ga
inst a
ny
jud
gm
en
t co
nce
rnin
g
the
co
llectio
n o
f le
vy
con
trib
utio
ns;
and
Page 19
Pag
e 3
of
12
SM
00
66
(f)
Lia
ise
, in
str
uct
an
d p
rep
are
all
ma
tte
rs w
ith t
he
Ow
ne
rs C
orp
ora
tion
’s
de
bt
colle
ctio
n a
gen
ts, la
wye
rs a
nd
exp
ert
s in
re
latio
n to
an
y le
vy
reco
ve
ry p
roce
ed
ing
s.
No
te:
This
resolu
tion
giv
es the O
wners
Corp
ora
tion
th
e p
ow
er
to t
ake a
ction to r
ecover
unp
aid
levie
s, in
tere
st
and r
ecovery
costs
inclu
din
g c
om
men
cin
g p
roceedin
gs a
nd
en
forc
ing ju
dge
me
nts
obta
ined in
leg
al
pro
cee
din
gs for
the r
ecovery
of un
pa
id le
vie
s,
inte
rest and r
ecovery
costs
.
7.
PA
YM
EN
T P
LA
N:
R
ES
OL
VE
D t
ha
t T
he
Ow
ne
rs –
Str
ata
Pla
n 5
54
68
ag
ree
to
en
ter
into
pa
yme
nt
pla
ns g
en
era
lly f
or
ma
tte
rs in
vo
lvin
g a
rrea
rs o
f u
np
aid
con
trib
utio
ns/
levie
s o
r o
the
r
am
ou
nts
inclu
din
g in
tere
st,
leg
al a
nd
oth
er
costs
/exp
ense
s th
ere
on
an
d to
de
leg
ate
to t
he
str
ata
ma
na
ge
r a
nd
/or
the
Str
ata
co
mm
itte
e t
he
ab
ility
to
en
ter
into
, a
rra
nge
and
mon
itor
ea
ch s
uch
pa
yme
nt
pla
n li
mite
d t
o a
pe
riod
of
12
mo
nth
s pe
r p
aym
en
t
pla
n w
ith a
ny
furt
he
r o
r su
bseq
uen
t pa
yme
nt p
lan
to
be
en
tere
d in
to a
s a
gre
ed
by
the
Str
ata
co
mm
itte
e o
r O
wn
ers
Co
rpo
ratio
n b
y re
solu
tion
.
No
te:
Purs
uan
t to
Se
ctio
ns 8
5(5
) – (
85)(
7)o
f th
e S
tra
ta S
che
mes M
anage
ment
Act 2015 a
nd R
egu
latio
n 1
8
and 1
9 o
f th
e S
trata
Schem
e M
an
age
ment R
egu
latio
ns 2
01
6 a
n O
wners
Corp
ora
tion m
ay a
gre
e to
ente
r
into
paym
en
t pla
ns g
enera
lly o
r in
part
icu
lar
case
s for
the p
aym
en
t of
overd
ue
con
trib
utio
ns b
y a
resolu
tion
passed a
t a g
en
era
l me
etin
g. T
his
reso
lution
pro
vid
es the p
ow
er
for
the
Ow
ners
Corp
ora
tion
to
ente
r in
to s
uch p
aym
ent p
lans.
8.
AN
NU
AL
FIR
E
SA
FE
TY
ST
AT
EM
EN
T:
RE
SO
LV
ED
th
at
wh
ilst H
ecke
r A
ustr
alia
Pty
Ltd
is a
pp
oin
ted
as th
e B
uild
ing
Ma
na
ge
r fo
r th
e s
che
me
an
d w
he
n a
n A
nn
ua
l Fir
e S
afe
ty S
tate
me
nt
is r
equ
ire
d in
acco
rda
nce
with
Pa
rt 9
, D
ivis
ion
5 o
f th
e N
SW
En
viro
nm
en
tal P
lan
nin
g a
nd
Asse
ssm
en
t R
eg
ula
tio
ns 2
00
0:
(a)
it is
re
qu
ired
on
an
an
nu
al b
asi
s to
en
gag
e a
co
mpe
ten
t pe
rso
n t
o p
rovid
e
an
an
nu
al f
ire
safe
ty s
tate
me
nt;
an
d
(b)
sub
ject to
re
ceip
t o
f th
e s
tate
men
t fr
om
the
co
mp
ete
nt p
ers
on
, it
is
inst
ructe
d to
sig
n o
n b
eha
lf o
f th
e s
che
me
an
d lo
dg
e the
sta
tem
en
t w
ith
loca
l Co
uncil
an
d c
au
se a
co
py
of
the
sta
tem
en
t to
be
giv
en
to
th
e F
ire
Co
mm
issio
ne
r.
9.
RE
PO
RT
ON
CO
MM
ISS
ION
S:
A r
ep
ort
wa
s r
ece
ive
d fro
m t
he
Str
ata
Ma
na
gin
g A
gen
t o
n c
om
mis
sio
ns a
nd
tra
inin
g s
erv
ice
s r
ece
ived
in th
e p
ast 1
2 m
on
ths a
nd
estim
ate
of
com
mis
sio
ns a
nd
tra
inin
g s
erv
ice
s to
be
re
ceiv
ed
in th
e n
ext
12
mon
ths.
No
te:
The s
trata
mana
gin
g a
ge
nt u
nder
sectio
n 6
0 o
f th
e S
trata
Schem
es M
an
agem
ent A
ct 20
15 is
re
qu
ired to
dis
clo
se a
ll co
mm
issio
ns o
r tr
ain
ing s
erv
ice
s p
rovid
ed
to the s
trata
manag
ing a
ge
nt
for
the
str
ata
schem
e. A
s a
t th
e d
ate
of th
e n
otice o
f th
is m
ee
ting
the s
trata
mana
gin
g h
as r
ece
ived the
fo
llow
ing
Com
mis
sio
ns:
$0 in
insura
nce c
om
mis
sio
ns in
th
e p
ast 12
mo
nth
s a
nd
an a
mo
un
t of $0
in c
om
mis
sio
ns is
expecte
d to
be r
eceiv
ed in
the
next 1
2 m
onth
s.
Tra
inin
g:
The e
qu
iva
lent of $
0 in tra
inin
g s
erv
ices in
th
e p
ast 12 m
onth
s, and
an a
moun
t of $0 in
tra
inin
g is
exp
ecte
d t
o b
e r
eceiv
ed in th
e n
ext 12
mon
ths.
Pag
e 4
of
12
SM
00
66
10
. B
UIL
DIN
G W
OR
KS
LO
T 6
(Ap
t 2
04
):
Motio
n p
ropo
sed b
y T
& M
Luttre
ll (A
pt 204)
SP
EC
IAL
LY
RE
SO
LV
ED
, p
urs
ua
nt to
se
ctio
n 1
08
of
the
Str
ata
Sch
em
es
Ma
na
ge
men
t A
ct 2
01
5,
that
the
ow
ner
of L
ot 6
be
au
tho
rised
to
alte
r a
nd
to
add
to
the
co
mm
on
pro
pe
rty
by
carr
yin
g o
ut
the
wo
rks d
esc
ribe
d in
th
e p
rovis
ion
s o
f B
y-
Law
63
, C
ond
uctin
g B
uild
ing
Work
s -
as if
th
e w
ho
le o
f B
y-la
w 6
3 w
ere
inco
rpo
rate
d
and
re
-sta
ted
in th
is B
y-L
aw
an
d th
at
the
Ow
ne
r of
Lo
t 6
is b
ou
nd
by
an
d m
ust
com
ply
with
By-
Law
63
with
re
spe
ct to
:
(A)
Insta
llatio
n o
f re
pla
ce
me
nt o
f a
ll til
ing
an
d in
sta
llatio
n o
f re
pla
cem
en
t
wa
terp
roo
fing
me
mb
ran
es
to t
he
ba
thro
om
of
the
Lo
t;
(B)
Rep
lace
me
nt
join
ery
an
d c
ab
ine
try
to th
e b
ath
roo
m, in
clu
din
g a
ll
asso
cia
ted
ba
thro
om
fix
ture
s.
Pe
r th
e p
lan
s pro
vid
ed
by
the
Lo
t o
wne
r d
ate
d S
ep
tem
be
r 2
01
8.
Ex
pla
na
tory
no
te:
The o
wner
of Lo
t 6 (
Ap
t 20
4)
seeks to
un
dert
ake a
renovatio
n to
the
apa
rtm
ent as s
et o
ut
in the
attach
ed
scope o
f w
ork
s. T
he S
trata
Co
mm
itte
e h
ave r
evie
wed
these w
ork
s, a
nd o
n the
basis
of th
e a
dvic
e o
f th
e
Build
ing
Man
ager
and
the S
trata
Manager
the
y are
refe
rred to the O
wners
at a G
enera
l Mee
ting
for
consent to
Byla
w 6
3. B
yla
w 6
3 is the c
onsen
t B
yla
w to g
overn
Majo
r W
ork
s to a
part
men
ts.
Byla
w 6
3 is
set ou
t in
the A
nnexure
.
11
. B
UIL
DIN
G W
OR
KS
LO
T 1
27
(Ap
t 2
101
):
Motio
n p
ropo
sed b
y S
Zavile
nsky &
A H
um
phrie
s (
Lot 12
7 A
pt 21
01)
SP
EC
IAL
LY
RE
SO
LV
ED
, p
urs
ua
nt to
se
ctio
n 1
08
of
the
Str
ata
Sch
em
es
Ma
na
ge
men
t A
ct 2
01
5,
that
the
ow
ner
of L
ot 1
27
be
au
tho
rise
d to
alte
r a
nd
to
add
to t
he
co
mm
on
pro
pe
rty
by
ca
rryi
ng
ou
t th
e w
ork
s d
esc
rib
ed
in t
he
pro
vis
ion
s o
f B
y-
Law
63
, C
ond
uctin
g B
uild
ing
Work
s -
as if
th
e w
ho
le o
f B
y-la
w 6
3 w
ere
inco
rpo
rate
d
and
re
-sta
ted
in th
is B
y-L
aw
an
d th
at
the
Ow
ne
r of
Lo
t 1
27
is b
oun
d b
y a
nd
mu
st
com
ply
with
By-
Law
63
with
re
spe
ct to
:
(A)
Insta
llatio
n o
f til
ing
an
d m
em
bra
nes to
th
e b
ath
roo
ms
of
the
Lo
t;
(B)
Insta
llatio
n o
f til
ing
an
d m
em
bra
nes to
th
e b
alc
on
y o
f th
e L
ot;
(C)
Insta
llatio
n o
f ha
rd s
urf
ace
flo
ori
ng
th
rou
gho
ut th
e L
ot,
inclu
din
g
aco
ust
ic u
nde
rla
y;
(D)
Fire
sp
rin
kle
r he
ad
s a
nd
pip
ew
ork
th
ere
to s
erv
icin
g t
he
Lo
t a
s r
equ
ire
d;
(E)
Rep
lace
me
nt
join
ery
an
d c
ab
ine
try
insta
llatio
n to
the
kitc
hen
, la
un
dry
,
livin
g r
oo
m,
ba
thro
om
, en
suite
ba
thro
om
, w
alk
in r
ob
e, m
aste
r be
dro
om
and
2nd b
ed
roo
m.
(F)
Rep
lace
me
nt
ceili
ng
an
d w
all
linin
gs.
Pe
r th
e p
lan
s an
d w
ork
sp
ecific
atio
ns p
rovid
ed
per
Ale
xa
ndra
Kid
d D
esig
n, d
ate
d
Au
gust
20
18
.
Ex
pla
na
tory
no
te:
The o
wner
of Lo
t 127
(A
pt 21
01)
seeks
to u
ndert
ake
a r
eno
vatio
n t
o the a
part
ment as s
et ou
t in
the
attach
ed s
cope o
f w
ork
s. T
he S
tra
ta C
om
mitte
e h
ave
revie
wed th
ese w
ork
s, and
on the b
asis
of th
e
advic
e o
f th
e B
uild
ing M
an
ager
an
d the
Str
ata
Ma
nager
they
are
re
ferr
ed to the O
wne
rs a
t a G
enera
l
Meetin
g for
consent to
Byla
w 6
3. B
yla
w 6
3 is the
consent B
yla
w to g
overn
Majo
r W
ork
s to a
part
me
nts
.
Byla
w 6
3 is s
et ou
t in
th
e A
nnexu
re.
Page 20
Pag
e 5
of
12
SM
00
66
12
. B
UIL
DIN
G W
OR
KS
LO
T 3
4
(Ap
t 6
06
):
Motio
n p
ropose
d b
y V
Lu (
Lot
34 A
pt 6
06)
SP
EC
IAL
LY
RE
SO
LV
ED
pu
rsua
nt to
sectio
n 1
08
of
the
Str
ata
Sche
me
s
Ma
na
ge
men
t A
ct 2
01
5,
that
the
ow
ner
of L
ot 3
4 b
e a
uth
ori
sed
to
alte
r an
d to
ad
d t
o
the
co
mm
on
pro
pe
rty
by
carr
yin
g o
ut
the
wo
rks d
esc
ribe
d in
th
e p
rovis
ion
s o
f B
y-
Law
63
, C
ond
uctin
g B
uild
ing
Work
s -
as if
th
e w
ho
le o
f B
y-la
w 6
3 w
ere
inco
rpo
rate
d
and
re
-sta
ted
in th
is B
y-L
aw
an
d th
at
the
Ow
ne
r of
Lo
t 3
4 is
bo
und
by
an
d m
ust
com
ply
with
By-
Law
63
with
re
spe
ct to
:
(A)
Insta
llatio
n o
f til
ing
an
d m
em
bra
nes to
th
e b
ath
roo
ms
of
the
Lo
t;
(B)
Re
loca
tion
of
fire
spri
nkle
r h
ead
s an
d p
ipe
wo
rk t
he
reto
se
rvic
ing
the
Lo
t;
(C)
Recon
figu
ratio
n o
f th
e d
oo
rwa
y to
th
e e
nsu
ite b
ath
roo
m;
(D)
Recon
figu
ratio
n o
f th
e d
oo
rwa
y to
th
e 2
nd b
ed
roo
m;
(E)
Recon
figu
ratio
n o
f th
e d
oo
rwa
y to
th
e m
ast
er
be
dro
om
(F)
Recon
figu
ratio
n o
f th
e n
on
load
be
ari
ng
laun
dry
wa
ll a
dja
cen
t to
the
line
n c
up
bo
ard
;
(G)
Re
mo
va
l of n
on
load
be
arin
g p
art
itio
n w
all
in th
e e
nsu
ite b
ath
roo
m;
(H)
Rep
lace
me
nt
join
ery
an
d c
ab
ine
try
insta
llatio
n to
the
kitc
hen
, la
un
dry
,
livin
g r
oo
m,
ba
thro
om
, en
suite
ba
thro
om
ma
in b
ath
roo
m,
insta
llatio
n o
f
wa
lk in
rob
es to
th
e m
aste
r b
ed
roo
m a
nd
2nd b
ed
roo
m;
(I)
Rep
lace
me
nt
ceili
ng
s,
wa
ll lin
ing
s sk
irtin
g a
nd
arc
hitr
aves to
th
e
affe
cte
d a
rea
s;
Pe
r th
e p
lan
s an
d w
ork
sp
ecific
atio
ns p
rovid
ed
per
Bu
ildin
g P
rofe
ssio
na
ls, d
ate
d
Se
pte
mb
er
20
18
.
13
. B
UIL
DIN
G W
OR
KS
LO
T 1
7
(Ap
t 4
03
):
Motio
n p
ropo
sed b
y D
Ric
ci L
ot 17
(A
pt 4
03
)
SP
EC
IAL
LY
RE
SO
LV
ED
, p
urs
ua
nt to
se
ctio
n 1
08
of
the
Str
ata
Sch
em
es
Ma
na
ge
men
t A
ct 2
01
5,
that
the
ow
ner
of L
ot 1
7 b
e a
uth
ori
sed
to
alte
r an
d to
ad
d t
o
the
co
mm
on
pro
pe
rty
by
carr
yin
g o
ut
the
wo
rks d
esc
ribe
d in
th
e p
rovis
ion
s o
f B
y-
Law
63
, C
ond
uctin
g B
uild
ing
Work
s -
as if
th
e w
ho
le o
f B
y-la
w 6
3 w
ere
inco
rpo
rate
d
and
re
-sta
ted
in th
is B
y-L
aw
an
d th
at
the
Ow
ne
r of
Lo
t 1
7 is
bo
und
by
an
d m
ust
com
ply
with
By-
Law
63
with
re
spe
ct to
:
(A)
Insta
llatio
n o
f til
ing
an
d m
em
bra
nes to
th
e b
ath
roo
ms
of
the
Lo
t;
(B)
Insta
llatio
n o
f til
ing
an
d m
em
bra
nes to
th
e b
alc
on
y o
f th
e L
ot;
(C)
Insta
llatio
n o
f ha
rd s
urf
ace
flo
ori
ng
th
rou
gho
ut th
e L
ot,
inclu
din
g
aco
ust
ic u
nde
rla
y;
(D)
Re
loca
tion
of
fire
spri
nkle
r h
ead
s an
d p
ipe
wo
rk t
he
reto
se
rvic
ing
the
Lo
t;
(E)
Rep
lace
me
nt
join
ery
an
d c
ab
ine
try
insta
llatio
n to
the
kitc
hen
, la
un
dry
,
livin
g r
oo
m,
ba
thro
om
, en
suite
ba
thro
om
, w
alk
in r
ob
e, m
aste
r be
dro
om
and
2nd b
ed
roo
m.
(F)
Rep
lace
me
nt
ceili
ng
an
d w
all
linin
gs;
Per
the p
lans a
nd w
ork
specific
atio
ns p
rovid
ed p
er
JS
R B
uild
ers
, date
d J
une
20
18.
Ex
pla
na
tory
no
te:
Pag
e 6
of
12
SM
00
66
The o
wner
of Lo
t 17
(A
pt 4
03
) seeks
to u
nd
ert
ake
a r
enovatio
n to t
he
ap
art
men
t as s
et out
in t
he
attach
ed s
cope o
f w
ork
s. T
he S
tra
ta C
om
mitte
e h
ave
revie
wed th
ese w
ork
s, and
on the b
asis
of th
e
advic
e o
f th
e B
uild
ing M
an
ager
an
d the
Str
ata
Ma
nager
they
are
refe
rred to the O
wne
rs a
t a G
enera
l M
eetin
g for
consent to
Byla
w 6
3. B
yla
w 6
3 is the
consent B
yla
w to g
overn
Majo
r W
ork
s to a
part
ments
.
Byla
w 6
3 is s
et ou
t in
th
e A
nnexu
re.
14
. C
ON
SO
LID
AT
ION
OF
BY
LA
WS
:
RE
SO
LV
ED
th
at:
(a)
the
Str
ata
Ma
na
gin
g A
gen
t b
e a
uth
orised
to
re
-con
solid
ate
the
Byl
aw
s a
s
ado
pte
d a
t th
is A
nn
ua
l Ge
ne
ral M
ee
ting
an
d th
at a
do
pte
d a
t th
e
Ext
rao
rdin
ary
Ge
ne
ral M
eetin
g h
eld
on
23
Ma
rch
20
18
;
AN
D
(b)
for
the
avo
ida
nce
of
do
ub
t th
e O
wn
ers
Corp
ora
tion
co
nfirm
s th
at
the
Byl
aw
and
wo
rks a
pp
rove
d a
t th
e E
xtra
ord
ina
ry G
en
era
l Me
etin
g o
f 23
Ma
rch
201
8 a
re a
ga
in S
PE
CIA
LL
Y R
ES
OL
VE
D.
Ex
pla
na
tory
no
te:
The O
wne
rs C
orp
ora
tion
is r
equ
ire
d to
reta
in a
nd
keep
a s
ing
le s
et of B
yla
ws.
Follo
win
g this
me
etin
g a
ll
Byla
ws a
dop
ted w
ill b
e a
dded
to t
he
con
solid
ate
d s
et, n
um
bere
d a
nd lo
dged w
ith L
an
d a
nd
Pro
pert
y
Info
rmatio
n.
15
. E
ME
RG
EN
CY
GE
NE
RA
TO
R,
FE
AS
IBIL
ITY
:
Motio
n p
ropo
sed b
y th
e S
trata
Co
mm
itte
e
Dis
cu
ss
ion
to
th
e M
oti
on
RE
SO
LV
ED
th
at
the
Ow
ners
Co
rpora
tion
au
thori
se
s it
s S
tra
ta C
om
mitt
ee
to
:
(a)
inst
ruct
th
e B
uild
ing
Ma
nag
er
to u
nde
rtake
a fe
asib
ility
stu
dy
for
the
inst
alla
tion
of
an
em
erg
en
cy g
en
era
tor
tha
t w
ill p
rovis
ion
fo
r co
mm
on
are
a
ele
ctricity
re
qu
ire
me
nts
.
(b)
ob
tain
co
sts
fo
r su
ch a
sys
tem
[w
hic
h is
an
ticip
ate
d the
co
st in
the
vic
inity
of
$15
0,0
00
(on
e h
und
red
an
d f
ifty
tho
usa
nd
do
llars
) e
xclu
siv
e o
f G
ST
] an
d
pre
sen
t th
at
ad
vic
e a
t th
e n
ext
ava
ilab
le S
tra
ta C
om
mitte
e m
ee
ting
.
AN
D T
HA
T
(c)
sho
uld
th
e te
nde
rs b
e c
om
pe
titiv
e, t
ha
t th
e c
ost
s o
f su
ch a
n in
sta
llatio
n b
e
allo
cate
d to
the
Ca
pita
l Work
s F
un
d B
ud
ge
t a
llow
an
ces
for
the
cu
rre
nt
fina
nci
al y
ea
r un
der
the
lin
e a
cco
un
t p
rovis
ion
fo
r m
ajo
r e
xpe
nd
iture
;
AN
D T
HA
T
(d)
a M
otio
n b
y S
pe
cia
l Re
solu
tion
pu
rsua
nt
to s
10
8 o
f th
e S
tra
ta S
ch
em
es
Ma
na
ge
men
t A
ct 2
01
5 fo
r th
e p
urp
ose
of
add
ing
to
th
e c
om
mo
n p
rop
ert
y
the
n b
e c
on
sid
ere
d w
ith w
hic
h p
rop
osa
l fo
r th
e s
up
ply
an
d in
sta
llatio
n o
f th
e
em
erg
en
cy
ge
ne
rato
r (i
f a
ny)
is t
o b
e d
ete
rmin
ed
at
an
Extr
ao
rdin
ary
Ge
ne
ral M
ee
ting
to
be
con
ven
ed
on
a d
ate
to
be
de
term
ine
d b
y th
e S
tra
ta
Ma
na
gin
g A
ge
nt.
Page 21
Pag
e 7
of
12
SM
00
66
Ex
pla
na
tory
no
te:
Th
is m
atter
concern
ing p
ow
er
supply
sta
bili
ty h
as b
een r
ais
ed to
the
Str
ata
Co
mm
itte
e the
con
sid
era
ble
pre
ss g
iven to li
kely
fu
ture
po
we
r fa
ilure
s a
nd inte
rmitt
ent supply
con
cern
s in
Austr
alia
gene
rally
and
th
e
issue o
f ro
lling
bla
ckouts
.
The S
trata
Co
mm
itte
e n
ote
d tha
t in
the
even
t of such
a p
ow
er
failu
re R
egency H
yde P
ark
(R
HP
) has n
o
em
erg
en
cy
back
up fa
cili
ty t
o s
upp
ort
cri
tical co
mm
on
are
a e
lectr
ical supply
for
item
s s
uch a
s li
fts,
lighting
, fir
e s
yste
ms,
wa
ter
pu
mps a
nd the c
oo
ling to
wer.
Th
is w
ou
ld e
ffectiv
ely
render
Reg
ency
Hyd
e
Park
as e
ssen
tially
un
inha
bita
ble
.
Em
erg
ency b
attery
and
die
sel gen
era
tor
optio
ns h
ave b
een
explo
red b
y th
e B
uild
ing
Manage
r and
it w
as
conclu
ded tha
t a
die
sel g
enera
tor
wa
s the m
ore
appro
priate
solu
tion
for
RH
P’s
re
quire
men
ts.
A d
iese
l sys
tem
is p
roposed, in
clu
din
g a
uto
matic
tra
nsfe
r sw
itch
ing
to
en
sure
that
in the e
vent of po
we
r
failu
re the g
enera
tor
is a
uto
matically
activ
ate
d w
ith n
o inte
rrup
tion
to t
he e
lectr
icity s
upply
to
rela
ted
com
mon a
rea infr
astr
uctu
re.
Ow
ne
rs w
ho w
ish
to p
rovid
e inpu
t in
to the s
tudy a
re r
eque
ste
d to w
rite
to
the
Build
ing
man
ag
er
with
the
ir
concern
s.
16
. R
EP
EA
L O
F
BY
LA
W 2
5 &
NE
W
BY
LA
W 2
5
AN
IMA
LS
:
Motio
n p
ropo
sed b
y E
Lo
cker
Lot 89
J M
cD
ona
ld s
poke
to
the
Mo
tio
n o
n b
eh
alf o
f E
Lo
cke
r a
t h
er
req
ue
st
MO
TIO
N L
OS
T p
urs
uan
t to
Se
ctio
n 1
41
of
the
Str
ata
Sche
me
s M
an
ag
em
en
t A
ct
201
5 (
NS
W)
the
Ow
ne
rs C
orp
ora
tion
Str
ata
Pla
n N
o. 5
54
68
SP
EC
IAL
LY
RE
SO
LV
ES
to
RE
PE
AL
th
e e
xistin
g B
y-L
aw
25
and
RE
PL
AC
E it
with
th
e fo
llow
ing
:
Th
at
Byl
aw
25
is h
ere
by
Re
pea
led
.
By-L
aw
25
An
ima
ls
Defi
nit
ion
s
25
.1
In t
his
By-
La
w:
Act
me
an
s th
e S
tra
ta S
che
me
s M
an
ag
em
en
t A
ct 2
015
(N
SW
).
An
ima
l m
ea
ns
a “
co
mpa
nio
n a
nim
al” w
ithin
th
e m
ea
nin
g o
f th
e C
om
pa
nio
n A
nim
als
Act
19
98
(N
SW
) a
nd
in
clu
de
s a
dog
an
d a
ca
t b
ut
do
es n
ot
inclu
de
a P
roh
ibite
d
An
ima
l.
Lo
t m
ean
s a
n a
pa
rtm
en
t lo
t w
ithin
th
e S
tra
ta S
che
me
.
Ow
ner m
ean
s a
n o
wn
er
of a
Lo
t w
ho
is in
occu
pa
tion
of
tha
t L
ot o
r a
no
the
r L
ot.
Pro
hib
ite
d A
nim
al m
ea
ns:
(a)
an
a
nim
al
tha
t is
n
ot
a
“co
mp
an
ion
a
nim
al”
with
in
the
me
an
ing
of
the
Co
mp
an
ion
An
ima
ls A
ct
19
98
(N
SW
);
(b)
a “
da
ng
ero
us d
og
”, a
“n
uis
ance d
og
”, a
“re
str
icte
d d
og
” o
r
a “n
uis
an
ce
ca
t” w
ithin
th
e m
ean
ing
o
f th
e C
om
pa
nio
n
An
ima
ls A
ct
19
98
(N
SW
);
(c)
a d
og
, ca
t, o
r o
the
r a
nim
al w
eig
hin
g m
ore
th
an
10
kg.
Rec
re
ati
on
al
Fac
ilit
ies
me
an
s th
e g
ym a
nd
sw
imm
ing
poo
l a
rea
of
the
co
mm
on
pro
pe
rty.
Pag
e 8
of
12
SM
00
66
Str
ata
Sc
he
me
mea
ns
Str
ata
Pla
n 5
546
8 in
th
e S
tate
of
Ne
w S
ou
th W
ale
s.
Kee
pin
g o
f F
ish
25
.2
An
Ow
ne
r o
r o
ccu
pie
r o
f a
Lo
t m
ay
ke
ep
, w
itho
ut
the
pri
or
wri
tte
n a
pp
rova
l
of th
e O
wne
rs C
orp
ora
tion
, fish
ke
pt in
an
en
clo
sed
an
d s
ecu
re a
qua
riu
m o
n
the
Lo
t.
Ge
ne
ral
Pro
hib
itio
n o
n K
ee
pin
g o
f A
nim
als
25
.3
Su
bje
ct
to S
ectio
n 1
39
of
the
Act
an
d t
his
By-
La
w,
an
Ow
ne
r m
ust
no
t,
with
ou
t th
e p
rio
r w
ritt
en
app
rova
l of
the
Ow
ne
rs C
orp
ora
tion
, ke
ep
or
pe
rmit
an
y a
nim
al t
o b
e o
n a
Lo
t o
r o
n th
e C
om
mo
n P
rop
ert
y.
25
.4
Su
bje
ct
to S
ection
139
of
the
Act
, a
n o
ccu
pie
r o
f a
Lo
t w
ho
is n
ot
an
Ow
ne
r
mu
st n
ot
kee
p o
r p
erm
it a
ny
an
ima
l to
be
on
a L
ot
or
on
th
e C
om
mo
n
Pro
pe
rty.
Ap
pli
ca
tio
n f
or
Ap
pro
va
l fo
r th
e K
ee
pin
g o
f a
Co
mp
an
ion
An
ima
l
25
.5
An
Ow
ne
r m
ay
ap
ply
to
th
e O
wn
ers
Co
rpo
ratio
n fo
r ap
pro
va
l for
the
ke
ep
ing
of a
n A
nim
al i
n a
Lo
t.
25
.6
An
Ow
ne
r ca
nn
ot
ap
ply
to
the
O
wn
ers
Corp
ora
tion
fo
r ap
pro
val
for
the
kee
pin
g o
f a
Pro
hib
ited
An
ima
l in
a L
ot.
25
.7
An
ap
plic
atio
n t
o t
he
Ow
ne
rs C
orp
ora
tion
fo
r a
pp
rova
l fo
r th
e k
ee
pin
g o
f an
An
ima
l mu
st
be
co
mp
lete
an
d:
(a)
be
in
wri
ting
and
, w
he
re t
he
Str
ata
Co
mm
itte
e h
as a
pp
rove
d a
fo
rm
for
this
pu
rpo
se, b
e o
n th
e a
pp
rove
d fo
rm; a
nd
(b)
con
tain
th
e fo
llow
ing
info
rma
tion
:
(i)
a d
eta
iled
de
scri
ptio
n o
f th
e A
nim
al
pro
posed
to
be k
ep
t
(in
clu
din
g d
eta
ils o
f th
e t
ype
, b
reed
, siz
e (
bo
th c
urr
en
t a
nd
wh
en
fu
lly g
row
n)
an
d te
mpe
ram
en
t of
the
An
ima
l);
(ii)
a
co
lour
ph
oto
gra
ph
of
the
An
ima
l;
(iii)
d
ocu
me
nts
re
latin
g t
o t
he
re
gis
tra
tion
of
the
An
ima
l u
nde
r
the
Co
mp
an
ion
An
ima
ls A
ct
199
8 (
NS
W);
(iv)
refe
ren
ces
rela
ting
to
re
spo
nsib
le
an
ima
l o
wne
rsh
ip
(if
ava
ilab
le);
(v)
a b
ond
in
the
am
oun
t of
AU
D$
1,0
00
.00
, su
ch b
on
d t
o b
e
refu
nd
ab
le u
po
n t
he
perm
an
en
t re
mova
l o
f th
e a
nim
al fr
om
the
Lo
t;
(vi)
su
ch
oth
er
info
rma
tion
as
the
S
tra
ta
Co
mm
itte
e
ma
y
rea
sona
bly
re
qu
ire
.
25
.8
An
inco
mp
lete
ap
plic
atio
n m
ust n
ot
be
co
nsid
ere
d b
y th
e S
tra
ta C
om
mitt
ee
.
25
.9
A c
om
ple
te a
pp
lica
tion
must
be
co
nsid
ere
d b
y th
e S
tra
ta C
om
mitt
ee
at
the
ne
xt d
uly
-co
nven
ed
me
etin
g o
f th
e S
tra
ta C
om
mitt
ee
.
Dete
rmin
ati
on
of
a C
om
ple
te A
pp
lic
ati
on
Page 22
Pag
e 9
of
12
SM
00
66
25
.10
Aft
er
con
sid
eri
ng
a c
om
ple
te a
pp
lica
tion
, th
e S
tra
ta C
om
mitt
ee
mu
st
eith
er
app
rove (
with
or
with
ou
t a
dd
itio
na
l co
nd
itio
ns)
or
refu
se t
he
ap
plic
atio
n.
25
.11
Th
e S
tra
ta C
om
mitt
ee
mu
st n
ot
un
rea
sona
bly
with
ho
ld i
ts a
pp
rova
l fo
r th
e
kee
pin
g o
f an
An
ima
l in
a L
ot.
25
.12
Th
e S
tra
ta C
om
mitt
ee
mu
st n
ot g
ive
app
rova
l fo
r th
e k
ee
pin
g o
f a
Pro
hib
ited
An
ima
l in
a L
ot.
Co
nd
itio
ns
of
Ap
pro
va
l
25
.13
Ap
pro
va
l fo
r th
e k
eep
ing
of
an
An
ima
l o
n a
Lo
t is
su
bje
ct a
t a
ll tim
es
to
com
plia
nce
with
the
fo
llow
ing
con
diti
on
s:
(a)
Th
e O
wne
r m
ust
kee
p t
he
An
ima
l with
in t
he
Lo
t.
(b)
Whe
n o
n th
e C
om
mo
n P
rop
ert
y, th
e O
wn
er
mu
st ca
rry
the
an
ima
l or
oth
erw
ise
ke
ep
th
e A
nim
al o
n a
lea
sh o
r o
the
r se
cure
re
str
ain
t.
(c)
Th
e O
wne
r m
ust n
ot p
erm
it th
e A
nim
al t
o b
e in
or
on th
e R
ecre
atio
na
l
Fa
cilit
ies.
(d)
Th
e O
wn
er
mu
st
take
all
ne
cess
ary
me
asu
res t
o e
nsu
re t
ha
t th
e
An
ima
l d
oes n
ot
cre
ate
an
y n
ois
e o
r b
eha
ve
in
a m
an
ne
r lik
ely
to
inte
rfere
with
th
e p
ea
cefu
l e
njo
ymen
t o
f th
e O
wne
r o
r o
ccu
pie
r of
an
oth
er
Lo
t o
r a
ny
pe
rso
n la
wfu
lly u
sin
g th
e C
om
mon
Pro
pe
rty.
F
or
the
avo
ida
nce
of
do
ub
t, t
he
Ow
ne
r m
ust
no
t le
ave
the
An
ima
l a
lone
insid
e a
Lo
t if
this
le
ad
s t
o p
rolo
ng
ed
(1
ho
ur
or
mo
re)
bark
ing
,
wh
inin
g, o
r o
the
r no
ise
fro
m th
e A
nim
al.
(e)
Th
e O
wn
er
mu
st
take
su
ch
a
ctio
n a
s m
ay
be
ne
cessa
ry,
or
as
oth
erw
ise
dir
ect
ed
by
the
Bu
ildin
g M
an
ag
er,
to
cle
an
all
are
as
of
the
Lo
t o
r th
e C
om
mo
n P
rope
rty
tha
t m
ay
be
so
iled
by
the
An
ima
l.
(f)
Th
e O
wne
r m
ust
vacci
na
te a
nd
tre
at th
e A
nim
al f
or
wo
rms
and
fle
as
an
nu
ally
and
pro
vid
e e
vid
en
ce o
f th
is t
o t
he
Str
ata
Com
mitte
e u
pon
req
ue
st.
(g)
Th
e O
wn
er
mu
st b
ag
an
d w
rap
th
e A
nim
al’s
wa
ste
se
cure
ly a
nd
dis
po
se o
f th
at
waste
in
accord
an
ce w
ith t
he
wa
ste
ma
na
ge
me
nt
po
licie
s o
f th
e B
uild
ing
.
(h)
Th
e O
wn
er
mu
st n
ot
flush
or
oth
erw
ise
dis
po
se o
f p
et
litte
r g
ranu
les
thro
ug
h th
e to
ilet o
r si
nks
of
the
Lo
t o
r th
e C
om
mo
n P
rop
ert
y.
(i)
Th
e O
wn
er
mu
st
no
t g
room
th
e A
nim
al o
n t
he
Co
mm
on
Pro
pe
rty
or
allo
w
an
y h
air
to
e
sca
pe
on
to th
e
Co
mm
on
P
rop
ert
y.
F
or
the
avo
idan
ce o
f d
ou
bt,
the
O
wn
er
mu
st
bag
a
nd
w
rap
a
ny
of
the
An
ima
l’s h
air
se
cure
ly a
nd
dis
po
se o
f th
at h
air
in a
cco
rdan
ce w
ith the
wa
ste
ma
na
ge
men
t po
licie
s of
the
Bu
ildin
g.
25
.14
All
ap
pro
va
ls u
nd
er
this
By-
La
w s
ha
ll in
itia
lly b
e g
ran
ted
on
a 3
mon
th t
ria
l
basis
du
rin
g w
hic
h tria
l pe
rio
d the
Str
ata
Co
mm
itte
e, a
ctin
g r
ea
son
ab
ly, m
ay
de
term
ine
tha
t th
e A
nim
al is
no
t b
ein
g k
ep
t in
acco
rdan
ce w
ith t
his
By-
Law
and
se
rve
a w
ritt
en
no
tice
re
qu
irin
g t
he
An
ima
l’s r
em
ova
l w
ithin
21
da
ys o
f
the
se
rvic
e o
f th
e s
aid
no
tice
.
Page 1
0 o
f 1
2
SM
00
66
25
.15
No
thin
g in
th
is B
y-L
aw
lim
its
the
po
we
rs o
f th
e O
wne
rs C
orp
ora
tion
or
Str
ata
Co
mm
itte
e t
o im
pose
oth
er
co
nd
itio
ns
on
an
y a
pp
roval g
ive
n u
nd
er
this
By-
Law
.
Lia
bil
ity a
nd
In
de
mn
ity
25
.16
With
ou
t lim
itin
g th
e li
ab
ility
at l
aw
of t
he
Ow
ne
r or o
ccu
pie
r of a
Lo
t, th
e O
wne
r
or
occ
up
ier
of a
Lo
t w
ith fis
h k
ep
t in
an
enclo
sed
an
d s
ecu
re a
qu
ari
um
on
the
Lo
t is
lia
ble
to
:
(a)
the
Ow
ne
rs C
orp
ora
tion
, fo
r a
ny
loss
or
da
ma
ge
to t
he
Co
mm
on
Pro
pe
rty
cau
sed
by
the
fis
h o
r th
e a
qu
ariu
m;
(b)
oth
er
Ow
ne
rs o
r occu
pie
rs o
f a
Lo
t, f
or
an
y lo
ss o
r d
am
ag
e t
o t
hose
pe
rso
ns o
r th
eir p
rop
ert
y cau
sed
by
the
fis
h o
r th
e a
qua
riu
m;
(c)
an
y o
the
r p
ers
on
law
fully
on
a L
ot o
r usin
g the
Co
mm
on
Pro
pe
rty,
fo
r
an
y lo
ss o
r da
ma
ge
to
th
ose
pe
rso
ns o
r th
eir
pro
pe
rty
cau
sed
by
the
fish
or
the
aq
ua
riu
m.
25
.17
With
ou
t lim
itin
g t
he
lia
bili
ty o
f th
e O
wn
er
at
law
, th
e O
wn
er
of
an
an
ima
l is
liab
le t
o:
(a)
the
Ow
ne
rs C
orp
ora
tion
, fo
r a
ny
loss
or
da
ma
ge
to t
he
Co
mm
on
Pro
pe
rty
cau
sed
by
the
an
ima
l;
(b)
oth
er
Ow
ne
rs o
r occu
pie
rs o
f a
Lo
t, f
or
an
y lo
ss o
r d
am
ag
e t
o t
hose
pe
rso
ns o
r th
eir p
rop
ert
y cau
sed
by
the
an
ima
l;
(c)
an
y o
the
r pe
rso
n la
wfu
lly o
n a
Lo
t or
usin
g the
Co
mm
on
Pro
pe
rty,
fo
r
an
y lo
ss o
r da
ma
ge
to
th
ose
pe
rso
ns
or
the
ir p
rope
rty
cau
sed
by
the
an
ima
l.
25
.18
With
ou
t lim
itin
g th
e O
wn
ers
C
orp
ora
tion
’s rig
hts
o
f re
covery
ag
ain
st
an
Ow
ne
r or
occu
pie
r of
a L
ot, t
he
Ow
ne
r o
r o
ccu
pie
r o
f a
Lo
t w
ith f
ish
ke
pt
in
an
en
clo
sed
and
se
cure
aq
ua
riu
m o
n t
he
Lo
t, a
nd
th
e O
wn
er
of
an
an
ima
l
mu
st in
de
mn
ify th
e O
wn
ers
Corp
ora
tion
ag
ain
st an
y lo
ss o
r d
am
ag
e s
uffe
red
by
the
Ow
ners
Corp
ora
tion
by,
or
in c
onn
ectio
n w
ith,
the
ke
ep
ing
of
the
fis
h
or
the
an
ima
l on
th
e L
ot
or
the
Co
mm
on
Pro
pe
rty.
Bre
ac
h a
nd
Re
mo
va
l
25
.19
With
ou
t lim
itin
g t
he
pow
ers
of
the
Ow
ne
rs C
orp
ora
tion
in
re
spe
ct
of
the
enfo
rce
men
t of
the
By-
La
ws,
the
Ow
ne
rs C
orp
ora
tion m
ay,
in
re
spe
ct
of
a
bre
ach
of
an
y p
rovis
ion
of
this
By-
La
w,
inclu
din
g,
bu
t n
ot
limite
d t
o,
the
con
diti
on
s in
Cla
use
25
.13
he
rein
, se
rve
a w
ritt
en
no
tice
:
(a)
req
uir
ing
the
bre
ach
to
be
re
med
ied
with
in t
he
tim
e s
pecifi
ed
in
the
no
tice
; o
r
(b)
resc
ind
ing
th
e a
pp
rova
l fo
r th
e k
eep
ing
of
the
an
ima
l a
nd
re
qu
irin
g
the
an
ima
l to
be
re
move
d fro
m th
e L
ot w
ithin
th
e tim
e s
pe
cified
in th
e
no
tice
.
Page 23
Page 1
1 o
f 1
2
SM
00
66
25
.20
Wh
ere
a
pp
rova
l fo
r th
e
kee
pin
g
of
an
a
nim
al
ha
s
bee
n
resci
nd
ed
in
acco
rda
nce
with
th
is B
y-L
aw
, th
e O
wn
er
mu
st
rem
ove t
he
an
ima
l fr
om
th
e
Lo
t w
ithin
the
tim
e s
pe
cifie
d in
the
no
tice
.
25
.21
An
Ow
ne
r w
ho
do
es n
ot
co
mp
ly w
ith a
no
tice
req
uirin
g a
n a
nim
al
to b
e
rem
ove
d fro
m th
e L
ot w
ithin
th
e tim
e s
pecifi
ed
in th
e n
otic
e w
ill th
ere
aft
er
be
in b
reach
of th
is B
y-L
aw
and
sh
all
fully
ind
em
nify
the
Ow
ne
rs C
orp
ora
tion
fo
r
the
co
sts
of
en
forc
ing
th
is B
y-L
aw
.
25
.22
Th
e b
ond
re
ferr
ed
to
in C
lau
se
25
.7(v
) he
rein
ma
y b
e fo
rfe
ited
, in
who
le o
r in
part
, b
y re
solu
tion
of
the
Str
ata
Co
mm
itte
e,
in t
he
even
t of
a b
reach
of
this
By-
La
w in
acco
rda
nce
with
th
e O
wn
ers
Co
rpo
ratio
n’s
rig
hts
of
recove
ry a
nd
ind
em
nity
ag
ain
st
the
Ow
ne
r in
bre
ach
.
Oth
er
25
.23
An
ap
plic
atio
n b
y a
n O
wne
r o
r a
n o
ccu
pie
r o
f a
Lo
t un
der
the
Act
in r
ela
tion
to a
ny
of
the
ma
tte
rs d
ea
lt w
ith in
th
is B
y-L
aw
do
es n
ot o
pe
rate
:
(a)
as a
pp
rova
l fo
r th
e k
ee
pin
g o
f a
n a
nim
al o
n a
Lo
t;
(b)
as a
sta
y of
a n
otic
e r
eq
uirin
g th
e r
em
ova
l of a
n a
nim
al f
rom
a L
ot.
For
the M
otion 1
137 U
E | A
gain
st
the
Mo
tion 1
048
17
. IN
ST
AL
LA
TIO
N O
F
AL
TE
RN
AT
E
FIB
RE
TO
TH
E
BA
SE
ME
NT
SY
ST
EM
:
RE
SO
LV
ED
th
at
the
Ow
ners
Co
rpora
tion
au
thori
se
its S
tra
ta C
om
mitt
ee
to
revie
w
and
en
ter
into
neg
otia
tion
s a
nd
an
ag
ree
me
nt
with
oth
er
tele
co
mm
un
ica
tion
s
infr
astr
uctu
re p
rovid
ers
to
insta
ll a
ltern
ate
‘Fib
re to
th
e B
ase
me
nt’
(FT
TB
) o
r o
the
r
sim
ilar
sys
tem
s to
the
Bu
ildin
g o
n th
e b
asi
s th
at:
(a)
the
re is
no
de
trim
en
t to
exi
stin
g F
TT
B s
yste
ms
or
oth
er
tele
com
s
infr
astr
uctu
re;
(b)
the
re is
a w
ide
r le
ve
l of
serv
ice
s p
rovid
ed
to
re
sid
en
ts a
nd
th
e O
wn
ers
Corp
ora
tion
;
(c)
the
re is
no
ne
t co
st to
th
e O
wn
ers
Co
rpo
ratio
n.
Ex
pla
na
tory
no
te:
NB
N (
Na
tiona
l Bro
adban
d N
etw
ork
) in
frastr
uctu
re w
as in
sta
lled
to
Regency
Hyd
e P
ark
(R
HP
) in
2016
and is
availa
ble
to a
ll Lots
in th
e S
chem
e. N
BN
is a
n g
overn
ment ow
ned
infr
astr
uctu
re e
ntit
y T
his
eq
uip
me
nt
wa
s in
sta
lled
ah
ea
d o
f m
an
y o
the
r p
rop
ert
ies i
n th
e C
BD
. N
BN
is a
n in
frastr
uctu
re
pro
vid
er;
it
do
es n
ot sell
dir
ect
to t
he
pu
blic
, sta
nd
ard
Inte
rnet
Se
rvic
e P
rovid
ers
(IS
P)
wh
o a
ccess
the
NB
N th
en
"o
n s
ell"
th
eir
ow
n s
erv
ices t
o in
div
idu
al
cu
sto
me
rs.
NB
N is a
n o
pe
n a
cce
ss s
yste
m
on
wh
ich
ma
ny I
SP
's o
pera
te a
nd
pro
vid
e s
erv
ice
to
th
eir
re
tail
cu
sto
me
rs (
the
IS
P).
In t
he
ye
ars
sin
ce
the
in
sta
llatio
n o
f th
e N
BN
to
RH
P f
urt
her
infr
astr
uctu
re p
rovid
ers
have e
merg
ed
that rival t
he
NB
N. R
HP
has h
ad
an a
ppro
ach to insta
ll an
alte
rna
te s
yste
m v
ia P
ipe n
etw
ork
s.
Researc
h u
ndert
ake
n b
y th
e B
uild
ing
Man
ager
and
the
Str
ata
Man
ager
is t
ha
t no
w,
due
to
the
advancem
ents
in te
chno
logy, t
here
is li
ttle
evid
ence o
f a ris
k to
the e
xis
ting
NB
N in
frastr
uctu
re fo
llow
ing
the in
sta
llatio
n o
f a r
ival syste
m t
o o
ther
Build
ings.
If t
he r
ival syste
m is insta
lled
, th
en
it
will
in
cre
ase
the a
rray
of
serv
ices a
nd
pro
vid
ers
to
resid
ents
.
Page 1
2 o
f 1
2
SM
00
66
It s
ho
uld
be
no
ted
th
at
RH
P h
as a
Byla
w (
Byla
w 6
1)
in p
lace
tha
t lo
t o
wn
ers
an
d r
esid
en
ts m
ay
on
ly e
ng
ag
e w
ith
VD
SL
2 (
NB
N)
pro
vid
ers
th
at
off
er
ve
cto
rin
g te
ch
no
log
y a
nd
are
co
mp
atib
le
with
th
e s
yste
m.
Th
is w
ou
ld o
bvio
usly
no
t ca
use
an
y d
isru
ptio
n t
o c
urr
en
t A
DS
L2
+ c
usto
mers
("n
orm
al in
tern
et"
).
In it
s s
imp
lest te
rms th
is b
yla
w g
ove
rns h
ow
the
NB
N e
qu
ipm
ent an
d the
cop
per
wires c
onnecte
d to
it
are
is u
sed b
y L
ot o
wners
and r
esid
ents
to the
bene
fit o
f all
and
not
to the
detr
imen
t of
the
facili
ty its
elf.
If
there
is a
detr
imen
t th
en the
Byl
aw
em
pow
ers
RH
P t
o im
me
dia
tely
dis
connect th
e r
ival s
erv
ice to a
Lot
there
fore
forc
ing t
he p
rovid
er
to r
esolv
e th
e is
sue
be
fore
re-c
on
nectio
n c
an b
e m
ade
.
18
. T
HE
ST
RA
TA
CO
MM
ITT
EE
: R
ES
OL
VE
D t
ha
t a
s th
e n
um
be
r o
f n
om
ina
tion
s e
qua
lled
th
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um
be
r o
f p
ers
on
s t
o
be
ele
cte
d,
tha
t n
um
be
r be
ing
nin
e (
9),
th
e fo
llow
ing
we
re d
uly
ele
cte
d:
B O
’Bri
en
(Lo
t 2
), M
Lu
ttre
ll (L
ot 6
), L
Pa
nu
cci (
Lo
t 2
3),
M A
da
mo
(Lo
t 89
),
T G
ag
en
(L
ot
11
1),
A H
ynes (
Lo
t 12
2),
A C
row
ley
(Lo
t 1
23
)
P E
ng
elb
ert
(Lo
t 1
31
) a
nd
J S
ilbe
rste
in (
Lo
t 13
2)
19
. G
EN
ER
AL
RE
ST
RIC
TIO
NS
ON
ST
RA
TA
CO
MM
ITT
EE
:
MO
TIO
N L
OS
T th
at th
e O
wn
ers
Co
rpora
tion
de
cid
e if
an
y m
atte
r or
typ
e o
f m
atte
r is
to b
e d
ete
rmin
ed
on
ly b
y th
e O
wne
rs C
orp
ora
tion
in g
en
era
l me
etin
g.
20
. F
INA
NC
IAL
RE
ST
RIC
TIO
NS
ON
ST
RA
TA
CO
MM
ITT
EE
:
MO
TIO
N L
OS
T t
ha
t th
e O
wn
ers
Co
rpo
ratio
n r
em
ove t
he
lim
itatio
n i
mp
ose
d u
nd
er
Se
ctio
n 1
02
of
the
Str
ata
Sche
me
s M
an
ag
em
en
t A
ct
20
15
gen
era
lly o
r in
re
latio
n t
o
an
y p
art
icu
lar
item
or
ma
tter.
NO
TE
S:
Th
e C
ha
irp
ers
on
ma
de
re
fere
nce
to
wo
rks
an
d a
chie
vem
en
ts o
ver
the
pa
st ye
ar
and
ou
tlin
ed
the
ma
jor
wo
rks fo
r th
e y
ea
r ah
ead
as p
rovid
ed
fo
r in
the
Bud
ge
t.
Th
an
ks w
ere
pro
vid
ed
to
th
e S
tra
ta C
om
mitt
ee
and
the
Bu
ildin
g &
Str
ata
Ma
na
ge
men
t te
am
s fo
r th
eir w
ork
over
the
pa
st ye
ar.
Th
e S
tra
ta C
om
mitt
ee
an
d th
e O
wn
ers
th
an
ked
Bill
O’B
rie
n f
or
his
wo
rk o
ver
the
yea
r a
nd
fo
r ch
airin
g th
e A
nn
ua
l Ge
ne
ral M
ee
ting
Th
e m
ee
ting
clo
sed
at 7
.33 p
m
Page 24
REGENCY HYDE PARK
281 Elizabeth Street, Sydney NSW 2000
Annual General Meeting
Strata Plan 55468
Accounts 2018-19
Audit Report – Thomas Hopper and Partners
Balance sheet
Income and Expenditure Statement
Levy positions (arrears)
Notes to Account
Insurances
Building & Contents – CHUBB
Machinery - VERO
Page 25
Page 26
Page 27
Balance Sheet
As at 31/08/2019
Represented by:
Owners' funds
Operating Surplus/Deficit--Admin (44,917.55)8,736.42
Owners Equity--Admin 40,579.09(4,338.46)
(4,338.46)4,397.96
Operating Surplus/Deficit--Capital Works 130,258.65166,926.47
Owners Equity--Capital Works 1,114,031.321,244,289.97
1,244,289.971,411,216.44
Net owners' funds $1,239,951.51$1,415,614.40
Assets
Cash at Bank 379,033.16363,137.97
Cash on Hand 1,000.001,000.00
Investments 1,083,243.171,285,936.63
Prepaid Expenses--Admin 0.005,799.99
Receivable--Levies 40,128.3736,051.57
Receivable--Owners 2,928.493,692.89
Sundry Debtors 0.007,486.08
1,506,333.191,703,105.13Total assets
Less liabilities
Accrued Expenses--Admin 16,524.2718,521.57
Accrued Expenses--Capital Works Fund 2,239.033,282.00
Creditor--GST (20,353.73)(21,954.96)
Deposits Received--Keys--Admin 2,500.002,500.00
Prepaid Levies 263,218.55270,556.73
Prepaid Levies--Unallocated 2,253.5614,585.39
266,381.68287,490.73Total liabilities
Net assets $1,239,951.51$1,415,614.40
STRATA PLAN 55468 281 Elizabeth Street, SYDNEY NSW 2000
Current period Previous year
Page 28
Income and Expenditure Statement
for the financial yearto 31/08/2019
Revenue
Insurance Rebates 0.007,486.08 0.00142050
Interest on Arrears--Admin 3,008.253,304.22 0.00142500
Key Deposits 800.006,189.09 0.00142800
Levies Due--Admin 900,621.15960,531.66 977,892.46143100
Rental Income--Storage Space 4,103.663,125.47 11,500.00145680
Status Certificate Fees 1,087.00955.50 0.00146500
Strata Roll Inspection Fees 112.45139.91 0.00147000
Total revenue 909,732.51989,392.46981,731.93
Less expenses
Admin--Accounting 858.56858.56 890.00150200
Admin--Auditors--Audit Services 900.00960.00 960.00150800
Admin--Bank Charges--With GST 43.16314.46 60.00151407
Admin--Income Tax--Admin 33,141.803,298.28 3,500.00152800
Admin--Legal & Debt Collection Fees 429.57218.86 0.00153200
Admin--Management Fees--Disbursements 15,894.6512,179.55 14,500.00154060
Admin--Management Fees--Management Fee 19,886.4019,886.40 19,994.00154140
Admin--Management Fees--Professional Fees 10,373.655,445.40 8,000.00154145
Admin--Other Expenses--Admin 4,618.655,068.92 5,700.00154400
Admin--Status Certificate Fees Paid 1,087.00792.00 0.00156000
Admin--Strata Inspection Fees Paid 148.91139.91 0.00156400
Admin--Taxation Services 250.00250.00 250.00150900
Building Manager--Contract 455,982.20468,167.14 465,500.00182020
Insurance--Premiums 71,612.0278,672.68 73,000.00159100
Insurance--Premiums--Stamp Duty 5,912.986,249.02 6,000.00159150
Insurance--Valuation 0.00331.82 700.00159200
Maint Bldg--Airconditioning 15,925.1915,529.04 17,000.00160000
Maint Bldg--Cleaning 81,816.0087,700.00 90,000.00163000
Maint Bldg--Cleaning--Carpet/Furniture 2,361.822,270.91 2,400.00163001
Maint Bldg--Cleaning--Windows/Glass 7,200.003,600.00 8,000.00163080
Maint Bldg--Electrical 1,600.001,405.91 2,000.00164800
Maint Bldg--Electrical Lamps & Tubes 51.471,037.94 1,800.00165000
Maint Bldg--Fire Protection 21,226.5223,086.67 26,000.00165800
Maint Bldg--Garage Doors/Gates 1,100.00800.00 1,200.00166600
Maint Bldg--Garbage Compactor 1,164.00582.00 1,400.00167000
Maint Bldg--Gym Equipment 590.33390.68 1,000.00168000
Maint Bldg--Indoor Plant Hire 2,109.902,523.76 3,100.00169000
Maint Bldg--Indoor Pool 2,519.37545.55 2,000.00169050
Maint Bldg--Lift--Maintenance Contract 264.6117,473.76 14,600.00170201
STRATA PLAN 55468 281 Elizabeth Street, SYDNEY NSW 2000
Current period Previous year
Administrative FundAnnual budget
01/09/2017-31/08/201801/09/2018-31/08/201901/09/2018-31/08/2019
Page 29
Surplus/Deficit
Closing balance
Opening balance
-$4,338.46$4,397.96
40,579.09(4,338.46)
(44,917.55)8,736.42 4,338.46
(4,338.46)
$0.00
Maint Bldg--Pest/Vermin Control 4,149.123,937.04 2,500.00172000
Maint Bldg--Pumps/Hydraulics 1,736.001,240.00 2,500.00172400
Maint Bldg--Rubbish Removal 127.300.00 500.00172900
Maint Bldg--Security 0.000.00 500.00173000
Maint Bldg--Toiletries 1,045.501,870.50 3,000.00174900
Utility--Electricity 82,558.1898,927.79 96,000.00190200
Utility--Gas 57,422.7255,476.77 61,000.00190400
Utility--Internet 2,011.482,033.99 2,500.00190500
Utility--Telephone 2,690.743,659.06 2,000.00190900
Utility--Water & Sewerage 43,840.2646,071.14 45,000.00191200
Total expenses 954,650.06985,054.00972,995.51
STRATA PLAN 55468 281 Elizabeth Street, SYDNEY NSW 2000
Current period Previous year
Administrative FundAnnual budget
01/09/2017-31/08/201801/09/2018-31/08/201901/09/2018-31/08/2019
Page 30
Surplus/Deficit
Closing balance
Opening balance
$1,244,289.97$1,411,216.44
1,114,031.321,244,289.97
130,258.65166,926.47 (15,235.00)
1,244,289.97
$1,229,054.97
Revenue
Insurance Claims 7,063.00410.00 0.00242000
Interest on Arrears--Capital Works 1,142.091,297.57 0.00242500
Interest on Investments--Capital Works 27,787.8227,693.46 36,000.00242600
Levies Due--Capital Works 360,506.98329,009.62 319,515.00243000
Total revenue 396,499.89355,515.00358,410.65
Less expenses
Admin--By Laws 126.18128.73 250.00251520
Admin--Sundry 3,575.793,043.44 3,500.00255800
Maint Bldg--Airconditioning 4,115.008,801.10 15,000.00260000
Maint Bldg--Consultants 1,554.921,606.98 6,500.00264200
Maint Bldg--Doors & Windows 8,385.043,578.40 10,000.00264600
Maint Bldg--Electrical 1,786.731,373.54 5,000.00264800
Maint Bldg--Fire Protection 7,247.7330,028.38 30,000.00265800
Maint Bldg--Floorcoverings/Walls/Ceilings 0.000.00 5,000.00273000
Maint Bldg--Garage Doors/Gates 11,652.47410.40 2,000.00266600
Maint Bldg--Garbage Compactor 0.00582.00 5,000.00267000
Maint Bldg--Gym 13,392.1012,554.89 17,000.00267850
Maint Bldg--Hot Water Service 0.002,368.00 3,000.00270300
Maint Bldg--Legal 8,642.000.00 10,000.00270502
Maint Bldg--Lift--Refurbishment/Upgrading 125,248.00790.00 5,000.00270202
Maint Bldg--Painting & Surface Finishes 14,285.7310,323.55 25,000.00271600
Maint Bldg--Plumbing & Drainage 9,194.005,388.00 6,000.00272200
Maint Bldg--Pool 6,127.9110,151.52 7,000.00272230
Maint Bldg--Provision for Major Expenditure 27,253.5552,272.55 150,000.00272240
Maint Bldg--Pumps & Boilers 5,507.221,348.86 6,000.00272250
Maint Bldg--Repairs/Replacement 8,821.327,432.25 10,000.00272500
Maint Bldg--Roof 2,960.91650.00 2,000.00272800
Maint Bldg--Security/Intercom 1,478.0038,181.59 40,000.00273200
Maint Bldg--Shower 4,007.740.00 5,000.00273500
Maint Bldg--Signs & Notice Boards 218.900.00 1,000.00273800
Maint Bldg--TV Antenna & Cables 660.00470.00 1,500.00275000
Total expenses 266,241.24370,750.00191,484.18
STRATA PLAN 55468 281 Elizabeth Street, SYDNEY NSW 2000
Current period Previous year
Capital Works FundAnnual budget
01/09/2017-31/08/201801/09/2018-31/08/201901/09/2018-31/08/2019
Page 31Page 31
Le
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Page 33
Page 34
Page 35
AAI Limited ABN 48 005 297 807
trading as Vero Insurance
MEB108125754Page 1 of 1
INSURED:
POLICY NUMBER:
The Owners - Strata Plan No 55468 & Sub Plan 79768
MEB108125754
Certificate of Currency
POLICY PERIOD:
BUSINESS ACTIVITIES:
CLASS OF INSURANCE:
INTERESTED PARTY:
Equipment Breakdown
Dated:
This is to certify that the following policy reference is current as at the date stated above.
This certificate provides a summary of the policy cover and is not intended to amend, extend, replace, or override the policy terms and conditions contained in the actual policy document.
Residential Strata
To:
15/08/2018 at 4pm local standard time
15/08/2019 at 4pm local standard time
From:
Broker: BAC Insurance Brokers
12/08/19 15:05
1. 281 Elizabeth Street, SYDNEY, NSW 2000SITUATION:
LIMITS: Equipment Breakdown $100,000,000.00
Machinery Business Interruption
Situation 1: $15,855,000
This certificate is issued as a matter of information only and confers no rights upon the Certificate holder.
Kind Regards,
The insurer is AAI Limited ABN 48 005 297 807 trading as Vero InsuranceINSURED BY:
Page 36
Annual General Meeting | Regency Hyde Park | Façade Remediation
Works to remediate will generally involve:
• façade repairs;
• joint and sealant repairs;
• balustrade post repairs;
• façade cleaning and repainting.
Five appropriately qualified and experienced firms were invited to tender on the detailed scope as
prepared by Apex; offers were returned on 10 September 2019. Those tenders are in the process of
assessment with Apex and the members of the Strata Committee, as the winning tender has not been
awarded, and to protect the integrity of the process as the tenders are still commercial in confidence,
they cannot be advised to owners in writing at this stage.
The five firms who tendered were as follows:
Structial, Remedial Building Services, IAS, Maxbuild, Omega
The Strata Committee and Apex will complete the tender analysis process and will award the tender
based on a criteria that is best of RHP in terms of cost effectiveness, quality of works and duration. A
Heritage architect is to advise on the colour options for the façade which will be communicated to
owners in due course. It can be advised that tenders were in the costs range as expected.
D Hecker (Building Manager) & J McDonald (Strata Manager)
October 2019
Other than general maintenance and washing the exterior façade on RHP has not been repainted
since completion of the building circa 1996. The exterior is now due for that remediation and painting
as part of the maintenance cycle. The condition of the façade and exterior was assessed via Apex
Diagnostics (Consulting Engineers) (Apex). A full assessment was conducted and a scope of work for
remediation and repainting was drawn, it was advised to the Strata Committee that given the age of
the building and the geographical situation, the façade is in excellent condition for its age. All faces of
the Building are to be painted/remediated, these treatments are expected to last 20+ years.
It is planned, dependent on the costs outcomes, that the works will be paid for from existing funds. It
is expected that the project will take approximately 6 to 8 months.
Page 37
Apex are experienced in managing and attending to projects such as that for Regency Hyde Park
d. At a meeting with the Strata Committee, J McCray of Apex advised on his background,
qualifications, experience and project involvements in adjacent properties, the Strata Committee is
satisfied with his level of experience and competency to run the project.
was
note
Jim Mcdonald
Typewritten text
ANNEXURE A
REGENCY HYDE PARK
281 Elizabeth Street, Sydney NSW 2000
Annual General Meeting
Strata Plan 55468
Estimates for Administrative and Capital Works Funds 2019-20
“The Budget”
Administrative Fund Estimates & Notes
Capital Works Fund Estimates& Notes
Proposed levy contributions
Page 38
Proposed Budget
to apply from 01/09/2019
Revenue
Insurance Rebates 0.00 7,486.08 0.00142050
Interest on Arrears--Admin 0.00 3,304.22 0.00142500
Key Deposits 0.00 6,189.09 0.00142800
Levies Due--Admin 993,238.04 960,531.66 977,892.46143100
Rental Income--Storage Space 11,500.00 3,125.47 11,500.00145680
Status Certificate Fees 0.00 955.50 0.00146500
Strata Roll Inspection Fees 0.00 139.91 0.00147000
989,392.46981,731.931,004,738.04Total revenue
Less expenses
Admin--Accounting 890.00 858.56 890.00150200
Admin--Auditors--Audit Services 960.00 960.00 960.00150800
Admin--Bank Charges--With GST 450.00 314.46 60.00151407
Admin--Income Tax--Admin 3,500.00 3,298.28 3,500.00152800
Admin--Legal & Debt Collection Fees 0.00 218.86 0.00153200
Admin--Management Fees--Disbursements 14,500.00 12,179.55 14,500.00154060
Admin--Management Fees--Management Fee 20,596.00 19,886.40 19,994.00154140
Admin--Management Fees--Professional Fees 8,000.00 5,445.40 8,000.00154145
Admin--Other Expenses--Admin 5,700.00 5,068.92 5,700.00154400
Admin--Status Certificate Fees Paid 0.00 792.00 0.00156000
Admin--Strata Inspection Fees Paid 0.00 139.91 0.00156400
Admin--Taxation Services 250.00 250.00 250.00150900
Building Manager--Contract 476,000.00 468,167.14 465,500.00182020
Insurance--Premiums 82,000.00 78,672.68 73,000.00159100
Insurance--Premiums--Stamp Duty 6,300.00 6,249.02 6,000.00159150
Insurance--Valuation 350.00 331.82 700.00159200
Maint Bldg--Airconditioning 16,000.00 15,529.04 17,000.00160000
Maint Bldg--Cleaning 90,000.00 87,700.00 90,000.00163000
Maint Bldg--Cleaning--Carpet/Furniture 2,400.00 2,270.91 2,400.00163001
Maint Bldg--Cleaning--Windows/Glass 8,000.00 3,600.00 8,000.00163080
Maint Bldg--Electrical 2,000.00 1,405.91 2,000.00164800
Maint Bldg--Electrical Lamps & Tubes 1,000.00 1,037.94 1,800.00165000
Maint Bldg--Fire Protection 26,000.00 23,086.67 26,000.00165800
Maint Bldg--Garage Doors/Gates 1,000.00 800.00 1,200.00166600
Maint Bldg--Garbage Compactor 700.00 582.00 1,400.00167000
Maint Bldg--Gym Equipment 1,000.00 390.68 1,000.00168000
Maint Bldg--Indoor Plant Hire 3,400.00 2,523.76 3,100.00169000
Maint Bldg--Indoor Pool 1,500.00 545.55 2,000.00169050
Maint Bldg--Lift--Maintenance Contract 23,300.00 17,473.76 14,600.00170201
Maint Bldg--Pest/Vermin Control 2,500.00 3,937.04 2,500.00172000
STRATA PLAN 55468 281 Elizabeth Street, SYDNEY NSW 2000
budgetPreviousActual
01/09/2018-31/08/2019
Administrative FundProposed
budget
Page 39
Surplus/Deficit 4,338.46(4,397.96) 8,736.42
(4,338.46)4,397.96 (4,338.46)
$0.00$0.00 $4,397.96
Opening balance
Closing balance
Maint Bldg--Pumps/Hydraulics 2,500.00 1,240.00 2,500.00172400
Maint Bldg--Rubbish Removal 500.00 0.00 500.00172900
Maint Bldg--Security 500.00 0.00 500.00173000
Maint Bldg--Toiletries 3,300.00 1,870.50 3,000.00174900
Utility--Electricity 98,000.00 98,927.79 96,000.00190200
Utility--Gas 56,000.00 55,476.77 61,000.00190400
Utility--Internet 2,500.00 2,033.99 2,500.00190500
Utility--Telephone 1,540.00 3,659.06 2,000.00190900
Utility--Water & Sewerage 46,000.00 46,071.14 45,000.00191200
985,054.00972,995.511,009,136.00Total expenses
$1,075,681.71$1,092,561.84
Total units of entitlement
Levy contribution per unit entitlement
10000 10000
$109.26 $107.57
Add GST 99,323.80 97,789.25
Budgeted standard levy revenue
Amount to raise in levies including GST
993,238.04 977,892.46
STRATA PLAN 55468 281 Elizabeth Street, SYDNEY NSW 2000
budgetPreviousActual
01/09/2018-31/08/2019
Administrative FundProposed
budget
Page 40
AD
MIN
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Managem
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Adm
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Managem
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Adm
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Adm
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Expenses--
Adm
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YB
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softw
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Adm
in--
Taxation S
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Incom
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sura
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Pre
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Insura
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Pre
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Sta
mp D
uty
Insura
nce s
tam
p d
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Insura
nce--
Valu
ation
Annual build
ing v
alu
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Main
t B
ldg--
Airconditio
nin
gM
ech s
erv
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ain
t $5500 / c
oolin
g tow
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wate
r tr
eatm
ent $4400/ C
O s
erv
ice $
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uct cle
anin
g $
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isc $
4000
Main
t B
ldg--
Cle
anin
gC
leanin
g $
85500 / A
wnin
g c
lean x
2 $
600 / C
ar
park
$1800 / M
isc $
1500
Main
t B
ldg--
Cle
anin
g--
Carp
et/F
urn
iture
2 x
Carp
et ste
am
cle
an $
1200
Main
t B
ldg--
Cle
anin
g--
Win
dow
s/G
lass
Exte
rnal gla
ss c
lean x
2 (
$3600 p
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cle
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Main
t B
ldg--
Ele
ctr
ical
Therm
al im
agin
g $
850 / lig
hnin
g p
rote
ction $
700 / m
isc $
450
Main
t B
ldg--
Ele
ctr
ical Lam
ps &
Tubes
Lig
ht glo
be r
epla
cem
ents
Main
t B
ldg--
Fire P
rote
ction
Fire e
quip
serv
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g &
testing $
19500 / F
ire a
larm
monitoring $
1600 / 2
x F
als
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larm
($2750)
/ M
isc $
3150
Main
t B
ldg--
Gara
ge D
oors
/Gate
sS
erv
ice $
500 / M
isc r
epairs $
500
Main
t B
ld -
-Garb
age C
om
pacto
r1 x
Serv
ice $
700ea
Main
t B
ldg--
Gym
Equip
ment
Gym
equip
serv
icin
g $
640 / m
inor
repairs
Main
t B
ldg--
Indoor
Pla
nt H
ire
$2800 P
lant hire / M
isc F
low
ers
$600
Main
t B
ldg--
Indoor
Pool
Pool/spa c
hem
icals
/ c
lean / s
erv
ice c
all
Main
t B
ldg--
Lift-
-Main
tenance C
ontr
act
Contr
act F
ee $
23200/ Lift R
ego fees
Main
t B
ldg--
Pest/V
erm
in C
ontr
ol
6 w
eekly
pest tr
eatm
ent
Main
t B
ld -
Pum
ps/H
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ulic
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Pum
p s
erv
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1200 / M
isc r
epairs
Main
t B
ldg--
Rubbis
h R
em
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Pro
vis
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1 x
skip
bin
if re
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Main
t B
ldg--
Security
Pro
vis
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1 x
security
guard
Main
t B
ld--
Toile
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sA
ir fre
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refills
& s
anitary
dis
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tow
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toile
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Sta
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Build
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ate
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spa
Utilit
y--
Inte
rnet
Gym
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l $1700 / S
oftw
are
& r
epairs
Utilit
y--
Tele
phone
Lifts
$820 / B
uild
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720
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y--
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r &
Sew
era
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Wate
r charg
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Page 41
Surplus/Deficit (15,235.00)(816,577.00) 166,926.47
1,244,289.971,411,216.44 1,244,289.97
$1,229,054.97$594,639.44 $1,411,216.44
Opening balance
Closing balance
Revenue
Insurance Claims 0.00 410.00 0.00242000
Interest on Arrears--Capital Works 0.00 1,297.57 0.00242500
Interest on Investments--Capital Works 20,000.00 27,693.46 36,000.00242600
Levies Due--Capital Works 352,173.00 329,009.62 319,515.00243000
355,515.00358,410.65372,173.00Total revenue
Less expenses
Admin--By Laws 250.00 128.73 250.00251520
Admin--Sundry 3,500.00 3,043.44 3,500.00255800
Maint Bldg--Airconditioning 18,000.00 8,801.10 15,000.00260000
Maint Bldg--Consultants 10,000.00 1,606.98 6,500.00264200
Maint Bldg--Doors & Windows 10,000.00 3,578.40 10,000.00264600
Maint Bldg--Electrical 5,000.00 1,373.54 5,000.00264800
Maint Bldg--Fire Protection 65,000.00 30,028.38 30,000.00265800
Maint Bldg--Floorcoverings/Walls/Ceilings 10,000.00 0.00 5,000.00273000
Maint Bldg--Garage Doors/Gates 2,000.00 410.40 2,000.00266600
Maint Bldg--Garbage Compactor 5,000.00 582.00 5,000.00267000
Maint Bldg--Gym 7,000.00 12,554.89 17,000.00267850
Maint Bldg--Hot Water Service 12,000.00 2,368.00 3,000.00270300
Maint Bldg--Legal 10,000.00 0.00 10,000.00270502
Maint Bldg--Lift--Refurbishment/Upgrading 15,000.00 790.00 5,000.00270202
Maint Bldg--Painting & Surface Finishes 15,000.00 10,323.55 25,000.00271600
Maint Bldg--Plumbing & Drainage 10,000.00 5,388.00 6,000.00272200
Maint Bldg--Pool 7,000.00 10,151.52 7,000.00272230
Maint Bldg--Provision for Major Expenditure 950,000.00 52,272.55 150,000.00272240
Maint Bldg--Pumps & Boilers 11,500.00 1,348.86 6,000.00272250
Maint Bldg--Repairs/Replacement 10,000.00 7,432.25 10,000.00272500
Maint Bldg--Roof 2,000.00 650.00 2,000.00272800
Maint Bldg--Security/Intercom 3,000.00 38,181.59 40,000.00273200
Maint Bldg--Shower 5,000.00 0.00 5,000.00273500
Maint Bldg--Signs & Notice Boards 1,000.00 0.00 1,000.00273800
Maint Bldg--TV Antenna & Cables 1,500.00 470.00 1,500.00275000
370,750.00191,484.181,188,750.00Total expenses
$351,466.50$387,390.30
Total units of entitlement
Levy contribution per unit entitlement
10000 10000
$38.74 $35.15
Add GST 35,217.30 31,951.50
Budgeted standard levy revenue
Amount to raise in levies including GST
352,173.00 319,515.00
STRATA PLAN 55468 281 Elizabeth Street, SYDNEY NSW 2000
budgetPreviousActual
01/09/2018-31/08/2019
Capital Works FundProposed
budget
Page 42
CA
PIT
AL
WO
RK
S F
UN
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OM
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Ad
min
--B
y L
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pdate
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egis
tration c
osts
Ad
min
--S
un
dry
Pro
vis
ion o
nly
Main
t B
ldg
--A
irco
nd
itio
nin
gF
ire D
am
per
repairs / P
rovis
ion for
mis
c r
epla
cem
ents
Main
t B
ldg
--C
on
su
ltan
tsP
rovis
ion o
nly
- G
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/pool are
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ebsite u
pgra
de
Main
t B
ldg
--D
oo
rs &
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ws
Win
dow
s s
tays, balc
ony d
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Main
t B
ldg
--E
lectr
ical
Mis
c P
rovis
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Main
t B
ldg
--F
ire P
rote
cti
on
New
Fire P
anel $25k / E
merg
ency lig
hting / fire h
ose / d
ete
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rs / fire d
oors
/ m
isc u
pgra
des
Main
t B
ldg
--F
loo
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veri
ng
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alls/C
eilin
gs
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ar
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Mats
/ L
ift m
ats
/ G
nd F
loor
carp
et
Main
t B
ldg
--G
ara
ge D
oo
rs/G
ate
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rovis
ion
Main
t B
ldg
--G
arb
ag
e C
om
pacto
rP
rovis
ion for
1 x
bin
repla
cem
ent
Main
t B
ldg
--G
ym
Upright bik
e / r
ubber
mattin
g / b
ench
Main
t B
ldg
--H
ot
Wate
r S
erv
ice
Filt
er
Repla
cem
ents
/ S
tanle
ss S
teel H
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Main
t B
ldg
--L
eg
al
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ndard
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iner
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uzie
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e L
aw
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ain
t B
ldg
--L
ift-
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rb/U
pg
rad
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tern
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all
panels
/ L
ights
Main
t B
ldg
--P
ain
tin
g &
Su
rface F
inis
hes
Corr
idors
in n
ew
colo
urs
/ M
isc touch u
ps
Main
t B
ldg
--P
lum
bin
g &
Dra
inag
e$2k c
iste
rn r
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cem
ents
/ $
4k p
rovis
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t B
ldg
--P
oo
l P
rovis
ion for
mis
c r
epla
cem
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© Copyright Strata Community Australia (NSW) Issue Version 2017 – SC0001 – Strata - Essentials Page 1 of 12
Strata Management Agency Agreement Dated: 24th October 2019 The Owners – Strata Plan 55468 “Owners Corporation”
Attention: The Secretary ABN: 74862767014 Phone: Not applicable Facsimile: Not applicable Email: Not applicable Address: 281 Elizabeth Street, Sydney NSW 2000
The Agent – Strata Choice Pty Ltd “Agent” Attention: The Licensee ABN: 81 002 766 252 Licence No: 224770 SCA (NSW) Membership No: 47 Phone: 1300 322 213 Facsimile: 02 8424 9701 Email: [email protected] Address: Locked Bag 1919, St Leonards NSW 1590
Particulars Item 1 Professional indemnity In accordance with Section 22 of the Agents Act Item 2 Commencement date 01/12/19 Item 3 Term 36 Months Item 4 Review date In relation to agreed services – Annually on each anniversary of the commencement date
In relation to additional services rates – Annually on each anniversary of the commencement date In relation to charges - Annually on each anniversary of the commencement date
Item 5 Percentage increase p.a 0% Item 6 Agreed services fee p.a.
(select one option)
Option 1 - $ - plus rebates, discounts and commissions in Disclosure Schedule C1 and C2 – Agent retains all commissions (refer to clause 3.3(a)) or
Option 2 - $ - plus rebates, discounts and commissions in Disclosure Schedule C2 – Agent retains some commissions (refer to clause 3.3(b)) or
Option 3 - $22,665.00 – Agent not entitled to commissions or the fee as described in (refer clause 3.3(c)) All fees under this agreement are GST INCLUSIVE (clause 9)
Item 7 Fee payment method Monthly in arrears Item 8 Manner of accounting Financial Statements, as required via online portal
Signatures Owners Corporation
The common seal of the owners corporation was affixed on ............................
Sign affixing seal
Signature Signature
Name Name
Designation Designation
Being the person(s) authorised by section 273 of the Act to attest the affixing of the seal. Agent Executed by the agent in accordance with Section 126 or 127 of the Corporations Act 2001 (Cth) in the presence of:
Signature of Authorised Person Signature of Authorised Person
Daniel Linders Geoffrey Linders Name of Authorised Person Name of Authorised Person
Service The owners corporation acknowledges receipt of a copy of this agreement within 48 hours of execution by the owners corporation (refer to page 7 for IMPORTANT NOTES to the parties when executing this agreement).
Name of Signatory Signature
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Agreement
1. Warranties and acknowledgment
1.1 The owners corporation warrants that it has resolved and has authority to enter into the agreement.
1.2 The agent warrants that the agent holds: (a) a strata managing agent’s licence under the Agents Act and that such licence will be maintained while the agreement
is in force; and (b) professional indemnity insurance as indicated in Item 1.
2. Appointment of and delegation to agent
2.1 The owners corporation:
(a) appoints the agent as the strata managing agent for the strata scheme; and (b) subject to clause 2.2 and 2.3, delegates the agreed services and additional services to the agent, from the commencement date for the agreed services fee and the additional services fee, until the agreement is terminated in accordance with clause 5 or at the end of the term whichever is the earlier.
2.2 The extent of authority for agreed services and additional services that has been delegated is stated in schedule A1, being
either: (a) full authority with no limitations; (b) full authority subject to limitations as disclosed in schedule A2; or (c) no authority, in which case there is no delegation.
Where a selection has not been indicated on schedule A1 of either (a), (b) or (c), then the extent of authority that has been delegated is FULL AUTHORITY WITH NO LIMITATIONS.
2.3 The parties acknowledge that:
(a) the delegation to the agent in clause 2.1 does not: (i) constitute a delegation by the owners corporation of its power to make:
a) a delegation under section 52 of the Act; or b) a decision on a matter required by the Act to be decided by the owners corporation; or c) a determination relating to the levying or payment of contributions; or
(ii) prevent the owners corporation or the strata committee from performing all or any of the agreed services or additional services (if any); and
(b) the agent does not have and may not exercise any of the powers, authorities, duties or functions of the owners corporation that are conferred on another strata managing agent appointed for the owners corporation under section 237 of the Act once being notified of any such appointment by the Tribunal or the owners corporation.
3. Fees and charges
3.1 The owners corporation must pay to the agent in accordance with the fee payment method:
(a) the agreed services fee; and (b) the additional services fee for any additional services performed by the agent; and (c) the charges associated with the performance of the agreed services and any additional services.
3.2 The owners corporation authorises the agent to retain any fees paid to the agent for supplying to third parties information
that the owners corporation must supply under the Act and retain any fees paid to the agent for supplying to third parties information that is not required under the Act, provided that such fees are charged in accordance with those set out in schedule B.
3.3 In addition to the fees and charges in clause 3.1 and 3.2, the agent is entitled to remuneration for its services in the form
of rebates, discounts and commissions disclosed in schedule C1 and schedule C2 as follows: (a) If the first option in item 6 is selected, the agent may retain rebates, discounts and commissions paid to it by the providers
of goods and services to the owners corporation described in the disclosure schedule C1 or schedule C2 or as otherwise notified in writing to the owners corporation from time to time and agreed in writing by the owners corporation.
(b) If the second option in item 6 is selected, the agent must pay to the owners corporation any rebates, discounts and commissions paid to it by providers of goods and services to the owners corporation within 30 days of receipt except for any rebates, discounts and commissions described in the disclosure schedule C2 which may be retained by the agent.
(c) If the third option in item 6 is selected, the agent must pay to the owners corporation any rebates, discounts and commissions paid to it by providers of goods and services to the owners corporation within 30 days of receipt.
(d) If the owners corporation: (i) delegates the agent to arrange insurance cover; (ii) selects the first or second option in item 6; and (iii) later takes steps to arrange its own insurance or directs, instructs or passes a resolution that has the effect that the
agent does not receive a commission or rebate for the placement of insurance, then the agreed services fee shall be increased by an amount equivalent to the commission the agent would have received had the agent arranged the insurance cover.
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3.4 The agent must account to the owners corporation for money received by the agent on behalf of the owners corporation in the manner and with the frequency set out in item 8.
3.5 At any time, by written agreement between the parties, items may be added to or deleted from the additional services rates
and/or charges.
4. Review of fees and charges
4.1 The agreed services fee, the additional services rates and the charges will be reviewed on the review date by the agent.
4.2 Unless otherwise agreed before the review date, the agreed services fee, the additional services rates and the charges payable on and from the review date will be increased in accordance with item 5.
4.3 The agent will notify the owners corporation of the new agreed services fee, the additional services rates and the charges
as soon as practicable after the review date.
5. Terminating the agreement
5.1 After the expiry of the term, the agreement will automatically end unless the owners corporation extends the agreement in accordance with section 50(4) of the Act.
5.2 The agreement may be terminated at any time with the mutual consent of the parties.
5.3 Any notice to terminate under this agreement can only be given by the owners corporation if authorised by a resolution of
the owners corporation at general meeting.
5.4 Despite this clause 5 and without affecting any of its other rights, the agreement may be terminated with immediate effect by written notice given by:
(a) the owners corporation:
(i) if the agent is in breach of the agreement and fails to remedy that breach within 28 days after the owners corporation serves a written notice on the agent providing particulars of the breach; or
(ii) where the agent is an individual, the agent is declared bankrupt; or (iii) where the agent is a corporation, the agent is wound up or placed in administration or liquidation; or (iv) if the agent ceases to hold a strata managing agent’s licence; or
(b) the agent if:
(i) the owners corporation is in breach of the agreement and fails to remedy that breach within 28 days after the agent serves a written notice on the owners corporation providing particulars of the breach; or
(ii) an order by a Court is made for the variation or termination of the strata scheme under Part 9 or 10 of the Development Act; or
(iii) the owners corporation fails to pay any moneys owed under this agreement after the agent serves a written notice on the owners corporation providing particulars of the amount outstanding; or
(iv) the owners corporation fails to comply with any law or fails to provide adequate instructions or prevents the agent from carrying out its obligations under this agreement after the Agent serves a written notice on the owners corporation providing particulars of the breach.
5.5 The agreement is terminated on the appointment of a strata managing agent under section 237 of the Act to exercise or
perform all the functions of the owners corporation and, if so terminated, the agent will not be entitled to: (a) any remuneration by way of commission, agreed services fee, additional services fee, charges or otherwise in respect
of any period after the termination; or (b) any payment (in the nature of a penalty or otherwise) by reason of the early termination.
5.6 In the event of termination, the agent must provide all books, records, accounts, funds and property of the owners
corporation in the agent’s possession to the secretary of the owners corporation, or persons nominated by the secretary of the owners corporation, within seven (7) business days.
6. Liability of the agent and exclusions
6.1 The agent is liable to the owners corporation:
(a) only for services actually supplied or that should have been supplied under this agreement; and (b) on the terms of this clause 6.
6.2 The agent is excluded from all liability for any claim, liability or loss arising directly or indirectly out of the services or
additional services or arising from any cause of action whatsoever except to the extent that the claim, liability or loss is caused or contributed to by the agent’s willful breach of this agreement, gross negligence, dishonesty or fraud. The owners corporation agrees that it will at all times indemnify the agent against all actions, suits, proceedings, costs, claims, expenses or demands which may arise in the course of or as a result of the agent’s management of the scheme, including all legal expenses incurred by the agent in defence of or initiation of any legal proceedings as well as any excess payable under the agent’s professional indemnity insurance;
(a) by third parties against the agent; (b) by the owners corporation against the agent arising before, during or after this agreement.
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6.3 The agent’s maximum liability to the owners corporation for any breach of this agreement, or arising out of the provision or non provision of the agreed services or the additional services or by taking steps contrary to this agreement, whether under law of contract, tort or otherwise, is limited to the amount of the agreed services fees for the year in which the liability arose.
6.4 The agent is deemed to be discharged from all liability in respect of the agreed services and the additional services,
whether under the law of contract, tort or otherwise, at the expiration of two years from the date of the act or omission giving rise to the liability, and the owners corporation (and persons claiming through or under the owners corporation) shall not be entitled to commence any action or claim against the agent in respect of that act or omission after that date.
6.5 Clauses 6.1, 6.2, 6.3, 6.4 and 6.5 apply to the extent permitted by law.
6.6 The owners corporation must indemnify the agent immediately on demand against any matter for which the agent has no
liability to the owners corporation including in respect of the matters referred to in clause 6.2 and 6.3.
7. Transfer of the agreement
7.1 The agent cannot transfer the agreement without the written consent of the owners corporation, which consent shall not be unreasonably withheld if the agent satisfies the owners corporation that the proposed transferee and related persons are fit and proper persons and have the qualifications, competence and experience to perform the agreed services and additional services at an agreed services fee and an additional services fee not greater than the current agreed services fee and additional services fee.
7.2 The owners corporation must advise the agent of its decision whether to approve a proposed transfer within 28 days after
receiving from the agent the information reasonably necessary to make the decision.
7.3 If the owners corporation approves the transfer, the owners corporation, the agent and the transferee must enter into a transfer agreement, or alternatively if the agent elects to enter into a new agency agreement then clause 7.4 will apply.
7.4 After the transfer agreement has been entered into or, if an election has been made by the agent under clause 7.3, the
new agent must request that the owners corporation enter into a new agency agreement and the owners corporation must advise the new agent of its decision to enter into a new agency agreement within 28 days after such request, such approval not to be unreasonably withheld if the new agency agreement is on the same terms as this agreement, or on terms not less favourable to the owners corporation as this agreement. The new agent must pay the reasonable cost of preparing the new agency agreement, preparing and holding the meetings of the strata committee and the general meeting of the owners corporation, however if the meeting relates to more than approval of the minutes of the last meeting and the resolution relating to the new agency agreement, then the new agent must pay the proportionate share of the total cost relating to approval of the new agency agreement.
8. Service of notices
8.1 Any notice to be served under the agreement:
(a) must be served either personally, by post, facsimile or e-mail using the details provided on the front page of this
agreement, or other notice details subsequently notified from time to time by a party in writing to the other party; and (b) is served the first time it is served if it is served more than once.
9. GST
9.1 Words or expressions used in this clause 9 or elsewhere in the agreement that are defined in the GST Act have the same
meaning in the agreement.
9.2 The parties acknowledge that:
(a) the agreed services fee, the additional services rates and the charges are inclusive of GST and are based on a GST rate of 10%; and
(b) if the rate of GST increases or decreases, the agreed services fee, the additional services rates and the charges will simultaneously increase or decrease so that the agent receives the same GST exclusive payment as it received before the change in the rate of GST.
10. Work, health and safety
10.1 The parties mutually covenant and agree that they will each comply with their respective obligations under the Work Health
& Safety Act 2011 (NSW) and the Work Health & Safety Regulation 2011 (NSW) (WHS Act 2011 and WHS Regulation 2011), as amended from time to time.
10.2 Subject to the provisions of the WHS Act 2011 and WHS Regulation 2011, the owners corporation’s appointment of the
agent under this agreement does not constitute the appointment of the agent as a principal contractor within the meaning of regulation 293 of the WHS Regulation 2011 (as amended from time to time).
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11. Definitions
The following words have these meanings in the agreement unless the contrary intention appears:
Act Strata Schemes Management Act 2015 (NSW).
additional services the functions and duties of the owners corporation set out in schedule A1 or schedule A2.
additional services fee the fee for the supply by the agent of the additional services calculated according to the additional services rates, as varied under the agreement.
additional services rates the rates for carrying out the additional services set out in schedule B, as varied under the agreement.
agent the person described on the front page of the agreement and, where appropriate, includes the agent’s
employees and contractors or any transferee under clause 7.
Agents Act Property, Stock and Business Agents Act 2002 (NSW).
agreed services the functions and duties of the owners corporation set out in:
a) schedule A1 other than those marked “No authority”; and
b) schedule A2.
agreed services fee the fee in item 6 for the supply of the agreed services, as varied under the agreement.
agreement this agreement including the particulars, schedules and attachments.
charges the costs and associated fees set out in schedule B and/or schedule D, as varied under the agreement.
CPI the All Groups consumer price index published by the Australian Bureau of Statistics for Sydney, or if that bureau stops publishing the CPI, then the index recommended by the Property Council of Australia as the index that most appropriately replaces the CPI.
Development Act in relation to a freehold strata scheme, the Strata Schemes Development Act 2015 (NSW).
disclosure schedule schedules C1 and C2.
strata committee the strata committee of the strata scheme.
GST Act A New Tax System (Goods and Services Tax) Act 1999 (Cth).
item an item in the Particulars.
loss any damage or damages, loss, costs (including, without limitation, the costs of complying with any verdict,
award or settlement of any dispute and legal costs on a solicitor and own client costs basis), expense, charge, payment of liability, in any case, whether accrued or paid but not indirect, incidental or consequential loss or damages.
non-standard work means any work not defined as standard work.
owners corporation the owners corporation described on the front page of the agreement and, where appropriate, includes the
employees, agents (other than the agent), contractors and invitees of the owners corporation.
Regulation Property, Stock and Business Agents Regulation 2014 (NSW).
related persons in relation to a proposed transferee which is a:
a) corporation, — a ‘related entity’ of the corporation within the meaning of section 9 of the Corporations Act
2011 (Cth); or
b) partnership, — the partners and principal staff of the partnership.
SCA (NSW) means Strata Community Australia (NSW).
services the agreed services and additional services.
standard work Means:
a) construction work where there is no requirement to work above three (3) metres, including but not limited to, replacement of roofing, guttering;
b) general maintenance works, including but not limited to, lawn mowing, gardening, window cleaning (below three (3) metres), painting;
c) minor maintenance repairs, including but not limited to, repair/replacement of leaking pipes, replacing tiles/pavers, lock replacement/repairs;
d) maintenance of essential fire safety equipment;
e) annual inspection and notifications required for essential fire safety equipment;
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f) pest management treatments (excluding fumigation);
g) lift, travellator or escalator maintenance; or
h) renewal of plant registrations in accordance with the requirements of the WHS Act 2011 and WHS
Regulation 2011;
provided however:
a) if any of these works require a principal contractor (as defined under the WHS Act 2011 and WHS Regulation 2011) to be appointed then the works will be considered Non-Standard Work; or
b) if there is any inconsistency between Standard Work and Non-Standard Work, the work will be interpreted as Non-Standard Work.
strata scheme the scheme described on the front page of the agreement. term the period or event in item 3:
a) commencing on the commencement date; and
b) expiring at the duration of the period identified or event in item 3.
Tribunal means the NSW Civil and Administrative Tribunal.
12. Interpretation
In the agreement, unless the contrary intention appears:
(a) a reference to:
(i) a thing includes the whole or each part of it; (ii) a document includes any variation or replacement of it; (iii) a statute, ordinance, code or other law includes regulations and other instruments under it and
consolidations, amendments, re- enactments or replacements of any of them; and (iv) a person includes that person’s executors, administrators, successors, substitutes (including but not limited to,
person taking by novation) and assigns;
(b) the singular includes the plural and vice versa;
(c) headings do not affect interpretation; and
(d) despite clause 11, the words defined in clause 11 are defined words whether or not these words are in italics.
Important notes for the parties when executing the agreement:
• The agent may not be entitled to any fee for services performed unless the agent serves a copy of the agreement signed by the agent on the owners corporation within 48 hours after the agreement is signed by or on behalf of the owners corporation.
• Once the terms of the agreement have been agreed, the agent should sign the agreement in duplicate and submit the agreement in duplicate to the owners corporation for signing. The owners corporation should sign, date and acknowledge receipt of the agreement on both counterparts.
• The agent should retain a copy of the signed agreement. • A copy should be given to the secretary of the owners corporation. • The agent should provide a copy of the proposed agreement to all parties required to be given notice of the meeting at
which the agreement is proposed to be approved. • If the owners corporation does not nominate two (2) persons to witness the affixing of the seal then the seal must be
affixed in the presence of the secretary and any other member of the strata committee.
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Schedule A1 NOTE: Where this schedule A1 provides for choices and no choice is selected, “Full authority with no limitations” applies. DO NOT delete any item in this schedule, as it may render the agreement in breach of the Property Stock and Business Agents Act 2002 (NSW). If a duty/function does not apply, then mark the box “No authority”.
Duties and Functions as described in the Property Stock & Business Agents Regulations (Schedule 6 Clause 6).
FULL
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Undertaking the financial management of funds and books of account. 6(a)
Holding documents and maintaining records relating to the scheme (for example, the strata roll, notices, and minutes of meetings).
6(b)
Arranging building inspections and reports. 6(c)
Effecting repairs to and maintaining common property or engaging appropriately qualified tradespersons to do Standard Work, with limitations on expenditure that may be incurred by the agent without obtaining the approval of the person on behalf of whom the agent is acting.
6(d)
Engaging appropriately qualified tradespersons to do Non-Standard Work, and the appointment on behalf of the owner’s corporation of a principal contractor within the meaning of regulation 293 of the WHS Regulation 2011 for such Non-Standard Work, with limitations on expenditure that may be incurred by the agent without obtaining the principal’s approval.
Paying disbursements and expenses incurred in connection with the agent’s management of the scheme.
6(e)
Arranging insurance cover for the scheme. NOTE: Where the owners corporation arranges for placement of the insurance cover or engages a third party i.e. an insurance broker, the agent is indemnified by the owners corporation to the extent of liability contributed by an act, omission or negligence on behalf of the owners corporation or third party in placing the insurance cover.
6(f)
Serving notices to comply with a by-law. 6(g)
Managing the sinking fund/capital works fund and the administrative fund. 6(h)
Undertaking steps necessary to recover any money owing in relation to levies. 6(i)
Representing the owners corporation or association in tribunal or court proceedings.
6(j)
Paying accounts in relation to the scheme (for example, accounts for water charges, council rates and maintenance).
6(k)
Arranging and undertaking administrative duties in relation to annual general meetings and other general meetings.
6(l)
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Schedule A2 NOTE: Full authority is provided for the duties and functions disclosed in this Schedule subject to the extent of any limitations on authority stated in this table. The undertaking of duties and functions will be limited to the following duties and functions only. Any function or duty not listed in this schedule means that no authority is delegated to undertake that function or duty.
Duties and functions Limitations on Authority (if nothing stated, then no limitations apply)
Fee Method*
ACCOUNTS SERVICES Establish and maintain the trust account and financial records Included in agreed services fee Prepare statutory reconciled accounts using cash accounting method Included in agreed services fee Prepare statutory reconciled accounts using accrual accounting method Subject to
instruction by the owners corporation
Additional charges
Arrange for preparation of documents for lodgement of annual tax return by registered tax agent
Included in agreed services fee
Engage registered tax agent for income tax return Included in agreed services fee Prepare monthly accounts paid, funds received summary Included in agreed services fee Prepare administrative and capital works fund budgets Included in agreed services fee Manage administrative fund and capital works fund Included in agreed services fee Prepare monthly bank reconciliation Included in agreed services fee Prepare, make adjustments to financial records for independent financial audit
Additional charges
Payment of creditor invoices where no pre-approval is required, by microencoded cheque, by electronic funds transfer or by BPAY
Included in agreed services fee
Payment of creditor invoices where pre-approval is required Subject to instruction by the owners corporation
Additional charges
Paying disbursements and expenses incurred in connection with the agent’s management of the scheme
Included in agreed services fee
Preparation of Business Activity Statements and Income Activity Statements
Additional charges
Process stop payments, payment returns and dishonoured payments Additional charges Registration for Tax File Number, GST, ABN, PAYG or renewal on ATO online portal
Additional charges
Maintain payroll records including time sheets, PAYE and FBT returns, superannuation, workers compensation, other insurances, sick and other leave schedules and pay employees
Subject to instruction by the owners corporation
Additional charges
Establish, invest, withdraw, transfer funds for investment accounts Subject to instruction by the owners corporation
Additional charges
Calculation of exclusive use by-law expenses / differential levy / contributions
Additional charges
Prepare, issue, email or print and post quarterly periodic contribution / levy notices
Included in agreed services fee
Prepare, issue, email or print and post additional contribution / levy notices
Subject to instruction by the owners corporation
Additional charges
Monitor and identify levies in arrears Included in agreed services fee Serve notices relating to contribution / levies in arrears
Additional charges
Issue instructions for debt recovery to debt recovery agency or solicitor Additional charges Any other work associated with assisting the debt recovery agency or solicitor in relation to collecting outstanding contribution / levies
Additional charges
Arrange payment plans in regards to contribution / levies
Subject to instruction by the owners corporation
Additional charges
INSURANCES Arrange for a valuation to be obtained relating to insurance renewals Where Item 6:
- Option 1 selected - Included in agreed services fee;
- Option 2 or 3 selected - Additional charges.
Arrange for appointment of insurance broker to provide advice Included in agreed services fee
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Duties and functions Limitations on Authority (if nothing stated, then no limitations apply)
Fee Method*
Arranging for placement of insurance cover Where Item 6: - Option 1 selected -
Included in agreed services fee;
- Option 2 or 3 selected - Additional charges.
Arrange meeting to consider insurance quotations Additional charges Attending to Insurance Claims including liaising with insurance company, insurance broker and loss assessors
Additional charges
Provide insurance certificate of currency to owner Additional charges SECRETARIAL SERVICES Maintain strata roll / owners / members details Included in agreed services fee Maintain minute book Included in agreed services fee Maintain documents in electronic format Included in agreed services fee Establish, maintain, provide electronic meeting voting system Additional charges Maintain and affix common seal as required Included in agreed services fee Attend to routine written and oral communication where it takes 15 minutes or less per matter
Included in agreed services fee
Attend to written and oral communication where it takes longer than 15 minutes per matter
Additional charges
Facilitate records inspection / provide strata information certificate / section 26 certificate / other certificate
Agent retains the fee paid by applicant
Process non delivery of correspondence and conduct search of public records
Additional charges
Collate and electronically scan building plans Additional charges Issue welcome pack to new owners / tenants / members Additional charges Rectification or reconstruction of records upon take-over of management Additional charges Provide additional reports prepared to specific requirements as requested.
Subject to instruction by the owners corporation
Additional charges
Prepare, email, print, bind and distribute documents e.g. circulars, newsletters, general correspondence, consultants reports, plans and drawings, legal matters etc.
Additional charges
BY-LAWS & DISPUTES Work associated with by-laws (amendments, additions, deletions, registrations, enforcement and breaches). Including preparation and lodgement of applications for mediation, adjudication, tribunal / court orders, briefing lawyers / consultants and attendance
Subject to instruction by the owners corporation
Additional charges
MEETINGS Annual General Meetings Prepare, email, print and post notices of Annual General Meeting and concurrent Strata Committee Meeting
Included in agreed services fee
Prepare, email, print and post notices of Annual General Meeting and concurrent Strata Committee Meeting in excess of 48 x A4 printed pages per recipient
Additional charges
Attend Annual General Meeting & concurrent Strata Committee Meeting during the hours of 9.00am and 7.00pm Monday to Friday (excluding public holidays) for no longer than 2 hours for both meetings including travel time
Included in agreed services fee
Attend Annual General Meeting & concurrent Strata Committee Meeting outside the hours of 9.00am and 7.00pm Monday to Friday (excluding public holidays) or where both meetings are longer than 2 hours in duration, including travel time
Additional charges
Prepare and distribute minutes of Annual General Meeting and concurrent Strata Committee Meeting
Included in agreed services fee
Provide venue for meeting at agents premises subject to availability Included in agreed services fee Strata Committee Meetings Prepare, email, print and post notices of Strata Committee Meetings Additional charges Attend Strata Committee Meetings Additional charges Prepare and distribute minutes of Strata Committee Meetings Additional charges Duties and functions Limitations on
Authority (if nothing stated, then no limitations apply)
Fee Method*
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Adjourned Meetings (first meeting could not proceed) Prepare, email, print and post notices of Adjourned Meetings Additional charges Attend Adjourned Meetings Additional charges Prepare and distribute minutes of adjourned meetings Additional charges Extraordinary General Meetings Prepare, email, print and post notices of an Extraordinary General Meetings
Additional charges
Attend Extraordinary General Meetings Additional charges Prepare and distribute minutes of Extraordinary General Meetings Additional charges Tenant Representative Meetings Prepare, email, print and post notices of Tenant Representative Meetings Additional charges Attend Tenant Representative Meetings Additional charges Prepare and distribute minutes of Tenant Representative Meetings Additional charges Miscellaneous Prepare minute of delegated performance Additional charges Setup, maintain, provide electronic voting system Additional charges REPAIRS / MAINTENANCE / COMPLIANCE & RISK MANAGEMENT SERVICES Arrange for repairs and maintenance that are deemed as Standard Works, where arranging takes 15 minutes or less
Subject to instruction by the owners corporation
Additional charges
Arrange for repairs and maintenance that are deemed as Standard Works, where arranging takes longer than 15 minutes
Subject to instruction by the owners corporation
Additional charges
Arrange for repairs and maintenance that are deemed as an emergency Subject to instruction by the owners corporation
Additional charges
Arrange for repairs and maintenance that are deemed as Non Standard Works
Subject to instruction by the owners corporation
Additional charges
Obtain quotations for repairs and maintenance that are deemed as Standard Works, where obtaining quotations takes 15 minutes or less
Subject to instruction by the owners corporation
Additional charges
Obtain quotations for repairs and maintenance that are deemed as Standard Works, where obtaining quotations takes longer than 15 minutes
Subject to instruction by the owners corporation
Additional charges
Obtain quotations for repairs and maintenance that are deemed as Non Standard Works
Subject to instruction by the owners corporation
Additional charges
Arrange for the verification of currency of trades and service providers credentials such as license and public liability insurance details
Subject to instruction by the owners corporation
Additional charges
Handling repairs and maintenance emergencies outside of business hours
Subject to instruction by the owners corporation
Additional charges
Prepare record of exercise of functions in accordance with Section 55 of the Act
Subject to instruction by the owners corporation
Additional charges
Arrange, engage and liaise with consultants and work in relation to defect rectification, major refurbishment projects or involving briefing engineers, architects, solicitors
Subject to instruction by the owners corporation
Additional charges
Arrange and execute agreements and contracts Subject to instruction by the owners corporation
Additional charges
Arrange for annual fire safety inspections and subsequent administration, notification to residents and lodgement of annual fire safety statement with council
Subject to instruction by the owners corporation
Additional charges
Work relating to certification of items of “plant” as defined by WorkCover NSW or otherwise requiring registration with a regulating authority
Subject to instruction by the owners corporation
Additional charges
Arrange for a risk and hazard assessment report / capital works fund assessment or other report and all associated works required
Subject to instruction by the owners corporation
Additional charges
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© Copyright Strata Community Australia (NSW) Issue Version 2017 – SC0001 – Strata - Essentials Page 11 of 12
Duties and functions Limitations on Authority (if nothing stated, then no limitations apply)
Fee Method*
OTHER SERVICES Prepare and provide specific reports or other information as requested Subject to
instruction by the owners corporation
Additional charges
Maintain key or other access device register Included in agreed services fee Attend site or other location by agent staff member including travel time Additional charges Prepare books and records for handover of plan Additional charges Any other services that can be provided by the agent not included in Schedule A2
Subject to instruction by the owners corporation
Additional charges
* These fees have been negotiated between the parties to the agreement
Schedule B - Fees Item Charge
(inc. GST) Unit
Hourly Rates* Strata Manager – during business hours $46.25 Per 15 minute unit Strata Manager – outside business Hours $64.75 Per 15 minute unit Senior Strata Manager / Principal – during business hours $64.75 Per 15 minute unit Senior Strata Manager / Principal – outside business hours $90.65 Per 15 minute unit Accounting / Insurance / Risk Management Staff $46.25 Per 15 minute unit General Clerical / Administration Staff $25.50 Per 15 minute unit Building Manager – during business hours $35.00 Per 15 minute unit Building Manager – outside business hours $55.00 Per 15 minute unit Site / other location attendance by staff - weekend or public holiday $64.75 Per 15 minute unit
(minimum charge 2 hours) Handling repairs and maintenance emergencies – outside business hours $68.00 Per 15 minute unit
(minimum charge 1 hour) Handling levy arrears and payment plans $38.75 Per 15 minute unit Business hours are between the hours of 9.00am and 5.00pm Monday to Friday (excluding public holidays and weekends)
Schedule C1 – Disclosure schedule The following providers pay a rebate, discount or commission to the agent: Name of company/person Amount / percentage of rebate, discount or commission Collective Insurance Brokers Pty Ltd
15%-25% of the net insurance premium or an amount equal to 50% of the total brokerage fees and commissions earned by Collective Insurance Brokers Pty Ltd
BAC Insurance Brokers Pty Ltd 15%-17.5% of the net insurance premium or an amount equal to 50% of the total brokerage fees and commissions earned by BAC Insurance Brokers Pty Ltd
Coverforce Insurance Broking Pty Ltd
50% of the total brokerage fees and commissions earned by Coverforce Insurance Broking Pty Ltd
Schedule C2 – Disclosure schedule The following providers pay a rebate, discount or commission to the agent: Name of company/person Amount / percentage of rebate, discount or commission Nil
Other Disclosure Notes: The agent discloses that The Building Management People Pty Ltd is a related party to the agent. The agent may engage The Building Management People Pty Ltd on behalf of the owners corporation for building management services from time to time to provide services to the owners corporation. The owners corporation may determine not to use The Building Management People Pty Ltd. The agent discloses that The Energy Consulting People Pty Ltd is a related party to the agent. The agent may engage The Energy Consulting People Pty Ltd on behalf of the owners corporation for energy related services from time to time to provide services to the owners corporation. The owners corporation may determine not to use The Energy Consulting People Pty Ltd. The agent discloses that The Maintenance People Pty Ltd (Strata Choice Property Care) is a related party to the agent. The agent may engage The Maintenance People Pty Ltd on behalf of the owners corporation for building maintenance services from time to time to provide services to the owners corporation. The owners corporation may determine not to use The Maintenance People Pty Ltd. The agent discloses that The Strata Tax People Pty Ltd is a related party to the agent. The agent may engage The Strata Tax People Pty Ltd on behalf of the owners corporation for taxation services from time to time to provide services to the owners corporation. The owners corporation may determine not to use The Strata Tax People Pty Ltd. We disclose (and you acknowledge) that Collective Insurance Brokers – Strata Choice Pty Ltd (ACN – 627 412 935) is a related company to Strata Choice Pty Ltd through its shareholding structure. Collective Insurance Brokers – Strata Choice Pty Ltd provides services as an authorised representative of Collective Insurance Brokers Pty Ltd (ACN – 625 475 434) in the provision of insurance under the Strata Schemes Management Act 2015 (as amended). You are not obliged to use any of the services of Collective Insurance Brokers Pty Ltd under our strata agency agreement.
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© Copyright Strata Community Australia (NSW) Issue Version 2017 – SC0001 – Strata - Essentials Page 12 of 12
Schedule D – Charges and associated fees* Fixed Disbursement Allowance (where the fee method is associated with agreed services fee)
Charge (inc. GST)
Unit
• Black and white printing • Photocopying / Postage • Cheques • Electronic funds transfers
• Email • Document scanning • Telephone / Facsimile • Archive storage of records
$8.08 Per lot per month
Charges (not included in Fixed Disbursement Allowance)
Charge (inc. GST)
Unit
Postage (includes envelope and insertion) Aus Post plus 50% Per item Express Post / Priority Post letters (includes envelope and insertion) Aus Post plus 50% Per item SMS / text messaging service $0.20 Per SMS / message Black and white printing / photocopying $0.68 Per A4 page Colour printing / photocopying $2.50 Per A4 page Reimbursement of any purchases of goods or services by the agent At cost Not applicable Annual Accounting Fee $0.00 Per annum Arrange for the verification of currency of trades and service providers credentials such as license and public liability insurance details
$165.00 Per annum
Payment of creditor invoices where pre-approval is required $22.00 Per month Setup, maintain, provide electronic voting system $65.00 Per meeting Prepare books and records for handover of scheme $330.00 Per scheme * These fees and charges have been negotiated between the parties to the agreement
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REGENCY HYDE PARK
281 Elizabeth Street, Sydney NSW 2000
Notice of Strata Committee Meeting
Minutes of Strata Committee Meeting
Page 60
PLEASE NOTE: Owners who are not members of the Strata Committee may attend any meeting of the Strata Committee, but they are not entitled to address the meeting unless authorised by resolution of the Committee.
Page 1 of 1 SM0081
REGENCY HYDE PARK
281 Elizabeth Street, Sydney NSW 2000
TO THE OWNERS – STRATA SCHEME No 55468
Date: 19 November 2019
Time: Immediately following the Annual General Meeting
Address: 281 Elizabeth Street, Sydney , NSW 2000
Location: Hyde Park Forum
271 Elizabeth Street, Sydney NSW 2000
(next door to Regency Hyde Park)
Notice of Strata Committee Meeting
MOTIONS
MINUTES: That the Minutes of the last Strata Committee Meeting be confirmed as a true and
accurate record of the proceedings of that meeting.
OFFICE BEARERS: Election of the Chairperson, Secretary and Treasurer of the Strata Committee of
the Owners Corporation.
POINT OF CONTACT: Strata Committee Point of Contact for Strata Choice (SC)
a. That a member of the Strata Committee be nominated to liaise with
SC and be the scheme’s contact point
b. That an alternate member of the Strata Committee be nominated to
liaise with SC and be the scheme’s substitute contact point
INSURANCE VALUATION: To RESOLVE that the Strata Committee obtain a valuation for insurance purposes
in accordance with Section 160 & 161 of the Strata Schemes Management Act
2015 and Section 39 of the Strata Schemes Management Regulation 2016.
NEXT MEETING: That the Strata Committee determine the date for the next Committee Meeting.
Dated: 28 October 2018 St Leonards NSW
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FACADE REMEDIATION: That the matter be discussed and a course of action determined including
instructions to the Building and Strata Manager.
Page 1 of 2 SM0068
TO THE OWNERS – STRATA SCHEME No 55468
Date: 10 September 2019
Time: 6.30 pm
Address: 281 Elizabeth Street, Sydney, NSW
2000
Location: Offices of OBH Law, Level 1, RHP
REGENCY HYDE PARK
281 Elizabeth Street, Sydney NSW 2000
Minutes of Strata Committee Meeting
PRESENT: M Luttrell, A Hynes, P Engelbert, T Gagen, M Adamo (by telephone)
AUTHORITY TO VOTE: B O’Brien to P Engelbert
IN ATTENDANCE: J McDonald (SC), D Hecker (Building Manager)
APOLOGY: J Silberstein, A Crowley, B O’Brien, L Panucci
CHAIRPERSON: T Gagen
MINUTES: RESOLVED that the Minutes of the Strata Committee Meeting held 16 July 2019 be
confirmed as a true and accurate record of the proceedings of that meeting.
FACADE REMEDIATION: Façade: remediation and exterior painting was tendered via Apex Diagnostics
(Consulting Engineers) (Apex).
Five appropriately qualified and experienced firms were invited to tender:
• Structial;
• Remedial Building Services;
• IAS;
• Maxbuild;
• Omega.
Tenders closed at 4pm on 10 September 2019. Apex will now review all of the tenders
received and will provision their tender analysis and recommendations to the Strata
Committee and the Building Manager by end of September 2019.
Apex will meet with the Strata Committee and the Building Manager to review that
analysis prior to any final recommendation being made, and if appropriate, ‘preferred
tenderer’ status being awarded.
Dependent on cost outcome and available funds it is planned that the works be
undertaken over the 2019-2020 & 2020-2021 financial years.
Works will generally involve:
• façade repairs;
• joint and sealant repairs;
• balustrade post repairs;
• façade cleaning and repainting.
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Page 2 of 2 SM0068
FINANCIAL
STATEMENTS:
The DRAFT Year End Financial Statements to 31 August 2019 were noted, the
statements are now subject to independent audit.
Net cash assets: stood at $1,649,074.60
Budget: expenses and income tracked to expected levels.
Aged arrears: and matters for collection were noted.
Insurance Renewal: for the period 15 August 2019 to 15 August 2020 was settled with
CHUBB (Building and Common contents) and VERO (Machinery) at a cost of
$92,613.96 inclusive of all government levies and GST.
The proposals via BAC Insurance Brokers was circulated to the Committee prior to
renewal and instructions to the Strata Managing Agent were received.
Copies of the Certificates of Currency will be provided to all owners via the Annual
General Meeting agenda.
BUDGET 2018-19: The DRAFT budget was reviewed and discussed at length.
The meeting noted the following capital works costs in the year(s) ahead:
• façade remediation and painting;
• generator installation;
• replacement fire panel;
• fire damper repairs;
• emergency & exit lighting repairs;
• stormwater and water pump replacements.
In addition to the above costs the, Administration Fund will increase as the 12 month
maintenance period for the lifts is now at an end following the upgrade works. The
yearly contract maintenance is now place with ThyssenKrupp at an annual cost of
$23,200 + GST. It was also other costs including insurances, electricity and gas are
increasing more than CPI.
The Committee resolved to recommend an increase to levy income at a combined
3.7% across the Administrative and Capital Works Funds, final determination will be
made by Owners at the Annual General Meeting.
Cleaning services: contract is to increase by CPI following a request by Liberty
Cleaning Services.
Strata Agency: agreement is to be presented to Owners at the Annual General
Meeting for consideration.
NEW MATTERS: Next meeting: immediately following the Annual General Meeting that is provisionally
scheduled for 19 November 2019.
The meeting closed at 7.38 pm
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