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David Allen Building Managers Spending Limits Assignments, Options, Deeds of Variation & New Agreements

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Page 2: Assignments, Options, Deeds of Variation & New Agreements€¦ · Assignments, Options, Deeds of Variation & New Agreements. Assignments of Management Rights . A Remedial Action Notice

Clause in Caretaking Agreement

Building Managers Spending Limits

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Building Managers Spending Limits What is the limit of expenditure?

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Building Managers Spending Limits

Can the amount be changed?

The limit can be changed to an agreed amount, by resolution of the Committee.

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Building Managers Spending Limits Using the Spending Limit and Reimbursement

• Purchase of items used to perform your duties:-

(Managers Discretion)

Consumables such as: Cleaning Products, Pest Spray, Weed Killer

• Purchase larger of items:-

(Committee Consideration)

Equipment such as: Lawn Mowers, Hedge Trimmers, Pressure Cleaners

Minor Repairs to ensure building and services are in working order (subject to wording of Agreement)

Arranging Quotations where contractor may charge to provide a quote.

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Building Managers Spending Limits

Using the Spending Limit and Reimbursement

• Reimbursement is on receipt of invoices with your monthly reimbursement spreadsheet or subject to cost send the invoice in for payment.

• The Amount is not limited to weekly, monthly, yearly.

• Review Budgets regularly to prevent against over spending on expense items.

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Assignments, Options, Deeds of Variation & New Agreements

Assignments of Management Rights Approved by the Committee

Relevant Documents:- Deed of Assignment

Motion

References/Resumes

Financiers Reference

Committee may engage a Lawyer at the cost of the outgoing managers to provide advice on the proposed Deed and Motion.

Once the Committee have all relevant information they have 30 days to consider and approve the Assignment.

The Committee can not unreasonably withhold its approval.

Committee will ‘interview’ the proposed purchasers or provide them with a list of questions for completion.

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Assignments, Options, Deeds of Variation & New Agreements

Assignments of Management Rights

A Remedial Action Notice (RAN) will hold up an Assignment of Management Rights.

Ensure that you are not in breach of the Agreement at the time of an Assignment.

A Transfer Fee may also be payable.

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Exercise an Option for Extension Acknowledged by Committee

The Accommodation Module allows the caretaker to enter into a 25 year agreement.

This is often for an initial term of 15 years with an option for a further 10 years, it may be 10 + 10 + 5 or a straight 25 year term.

Provision in the agreement will explain how and when the option for extension is to be actioned.

Most often, notice must be in writing, no earlier than 6 months and no later than 3 months, prior to the expiry date.

Mark these dates in your diary.

Assignments, Options, Deeds of Variation & New Agreements

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Deeds of Variation Approved by General Meeting, Via Secret Ballot without the use of Proxy Votes.

A Deed of Variation is used to change any part of the original Agreements; such as ‘top-up of term’, increase in remuneration or changes to duties.

Note: ‘Top-up’s’ are limited to 5 years at a time.

A motion can be submitted to the AGM, as an owners motion, if received by the Secretary prior to the end of the body corporates financial year.

If submitted as an AGM motion, the motion is added to the agenda in the form it’s given, unless the manager agrees to negotiate terms and conditions.

Assignments, Options, Deeds of Variation & New Agreements

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Deeds of Variation Alternatively, the proposal can be discussed at the Committee Budget Meeting and submitted as a Committee Proposed motion at a General Meeting, negotiation can take place on terms and conditions.

At any other time, approval is required at an EGM, the manager would pay the costs and would open the opportunity for negotiation.

Assignments, Options, Deeds of Variation & New Agreements

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Deeds of Variation If the Deed proposes to amend the agreements by a right of option to extend of renew, a BCCM Form 20 must accompany the motion as an Explanatory Note.

Where a motion is to be considered by Secret Ballot a Returning Officer must be engaged to receive the votes.

The accompanying material for the General Meeting must show the term of the engagement, a beginning and end date and the term of any right of option for extension or renewal.

Assignments, Options, Deeds of Variation & New Agreements

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Assignments, Options, Deeds of Variation & New Agreements New Agreements

Much the same as the previous requirements for a Deed of Variation, however a new agreement allows for a new term to commence of 25 years.

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G20

1. The G20 Leaders Summit will be held in Brisbane on 15 – 16 November 2014

2. The Qld Government have announced and additional public holiday for the G20 summit in Brisbane on November 14, 2014. Only workers in the Brisbane City Council area will receive this special one off holiday to assist with easing security concerns and traffic congestion when the G20 summit is being held.

3. The summit will attract up to 4,000 delegates and up to 3,000 domestic and international media representatives.

4. There will be some impact on public access to and around the Brisbane CBD and South Bank areas during the G20 leaders summit.

Fast Facts

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G20

There will be road closures to allow official vehicles to travel around the city of Brisbane.

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G20 More Information:

www.police.qld.gov.au

www.dpmc.gov.au/g20

www.g20.org

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David Allen

Development Manager

Body Corporate Manager