Download - Norton Street, Leichhardt STRATA MANAGEMENT STATEMENT€¦ · STRATA MANAGEMENT STATEMENT BLESSINGTON JUDD BLESSINGTON • JUDD Solicitors & Notaries Level 9 KPMG Centre 45 Clarence

'" C'l

III 0>

PI , C'l C'l

.-i

.-i

"" o o

'" I

g-til I

C'l .-i

..., I-<

PI , 1§ 1§ III ...,

til , m m m .-i I 0>

~ I

.-i C'l .. ::-& , PI

(Xl

.-i m o

'" o o

PI til .. u o

Q 'E-I

'" U "" I-< Otll

"" (Xl

.-i~ ~b: 0'4-1

&&

SP60918

The Italian Forum Complex

Norton Street, Leichhardt

of 38

STRATA MANAGEMENT STATEMENT

BLESSINGTON JUDD

BLESSINGTON JUDD

• Solicitors & Notaries Level 9 KPMG Centre

45 Clarence Street SYDNEY NSW 2000 Tel: (02) 9238 6000 Fax: (02) 9221 5692 OX 1068 SYDNEY

email: [email protected] Ref:IIBJ_NWlDATAIHOMEIFLAlltalian ForumlStrata Management Statement 09.doc

Su-a13 Management Statement 09 doc

;

I I

I I I

j

Sp609/8 P_2of38

CONTENTS

I. Parties Bound

2. Definitions & Interpretation 3

3 3. Establishment of Building Management Committee

6 4. Office Bearers

5. Functions of Committee 7

6. Meetings of Committee 7

7. Quorum 8

8. Voting 8

9. Building Management Committee Decisions 8

10. Submissions to Building Management Committee 9

11. Disputes 9

12. Service of Notices & Other Documents 12

13. Obligations and Rights of Members and Owners 13

14 14. Renovation, Refurbishment and Architectural Standards

17 15. Payments

16. Cleaning 19

17. Insurance 22

18. Signs 23

19. Security & Fire Control 24

20. Management 24

21. Piazza Management Deed 25

22. Promotional Levy for Cultural Centre 26

23. Covenants, Easements, Etc 26

Schedule A 27

Schedule B 28

39

BLESSINGTON JUDD

Strata Management Stat('ment 09.00.;

'" C'l

III 0> PI '-C'l C'l

.-i

.-i

"" o o

'" I

g-til I

C'l .-i

..., I-< PI '-

!§

!§ III ..., til '-m m m .-i I 0>

~ I

.-i C'l .. ::-£ '-

PI

(Xl

.-i m o

'" o o

PI til

u o Q '-E-i

'" U "" I-< o til

"''(Xl

.-i~ th: 0'4-1

8181

spboq;8 Page 3 0138

PART 1 PARTIES BOUND

1.1 Parties Bound

The parties who must comply with this Statement are:

(a) the Owners Corporation ofa Strata Scheme,

(b) the registered proprietors of the Carpark, the Cultural Centre and the Piazza,

(c) the registered proprietor, lessee, occupier or mortgagee in possession of any lot in a Strata Scheme,

(d) a lessee, occupier or mortgagee in possession of the Carpark, Cultural Centre or Piazza, and

(e) any other person (other than the registered proprietor of a lot within a Strata Scheme) in whom the fee simple of any part of the Land is vested for the time being or the lessee, occupier or mortgagee in possession of that part .

1.2 Compliance

A person who must comply with this Statement must not do anything to prevent any other person from complying with this Statement.

PART 2 DEFINITIONS & INTERPRETATION

2.1 Definitions

In this Statement, unless the context otherwise requires:

"Act" means the Strata Schemes Management Act 1996.

"Approved Insurer" has the meaning given to it in the Act.

"Approved Maintenance Agreement" means a maintenance agreement for a Shared Facility or a Common Area approved in accordance with clause 1 0.3(b).

"Budget" means the budget prepared under clause 15.3.

"Building" means the building and improvements erected on the Land known as "The Italian Forum".

"Building Management Committee" means the committee established under clause 3.1.

"Centre Manager" means the Centre Manager appointed under clause 13.8 and Part 20 and includes a reference to the employees and contractors of the Centre Manager.

"Carpark" is lot 14 in deposited plan ("Lot 14").

"Commercial Strata Scheme" means the commercial strata scheme constituted on registration of a strata plan over lot 13 in deposited plan ("Lot 13 ").

BLESSINGTON JUDD Strata Management Statement 09.doc

Sf (;0918

"Common Areas" means the common areas of the Building set out in Schedule A.

"Common Area Costs" includes the following expenses in relation to a Common Area:

services supplied including electricity, gas, oil and telephone, operating the air conditioning plant including Energy Costs, cleaning, servicing, maintaining and renovating Common Areas, maintaining and replacing where necessary indoor plants,

Page 40138

(a) (b) (c) (d) (e) providing, maintaining, repairing and replacing all directional signs including illuminated

signs, (f) providing background music in the lobbies and lifts and a public address system, (g) providing Building security and operating and maintaining the security system, (h) the operation of and the replacement oflifts, and (i) other things required under this Statement or resolved by the Building Management

Committee.

"Cultural Centre" is lot 12 in deposited plan ("Lot 12").

"Defaulting Member" means a Member who fails to comply with a notice given under clause 15.7(a)(i).

"Energy Costs" means the energy costs incurred or likely to be incurred in operating the Shared Facilities and Common Areas.

"Entertainment Areas" means the Piazza and the open space areas of the Commercial Strata Scheme leading into the Piazza.

"Insurance" means all insurances required to be effected under clause 17.1.

"Italian Forum" means the Italian Forum Limited.

"Land" means the land comprised in lots 11, 12, 13, 14 and 15 of deposited plan and any furthersubdivisions or consolidations of those lots.

"Member" means the persons referred to in clause 3.2 .

"Ordinary Resolution" is a resolution for which a majority of Members (other than Defaulting Members) vote in favour .

"Owner" mean(s):

(a) the registered proprietor of each lot in each Strata Scheme and any lessee, occupIer or mortgagee in possession of that lot, and

(b) the owner of any leasehold interest in the Carpark, Piazza and Cultural Centre.

"Owners Corporation" has the meaning given to it in the Act.

"Payment Notice" means a notice given under clause 15.5.

"Piazza" is lot 15 in deposited plan ("Lot 15").

BLESSINGTON JUDD Strata Management Statt'filent 09.doc

'" C'l

III 0> PI '-C'l C'l

.-i

.-i

"" o o

'" I

g-til I

C'l .-i

..., I-< PI '-

!§

!§ III ..., til '-m m m .-i I 0>

~ I

.-i C'l .. ::-£ '-

PI

(Xl

.-i m o

'" o o

PI til

u o Q '-E-i

'" U "" I-< o til

"''(Xl

.-i~ th: 0'4-1

8181

SfGo9/8 Page 5 0138

"Piazza Management Deed" means the document entered into by strata scheme for the Commercial Lot and and Italian Forum Limited.

"Representative" means the representative of a Member appointed under clause 3.1.

"Residential Strata Scheme" means the residential strata scheme constituted on registration of a strata plan over lot 11 in deposited plan ("Lot 11 ").

"Responsibility" means the responsibility for the carrying out or arranging for the carrying out of maintenance, repair and replacement of a Shared Facility and a Common Area and the collection of Members contributions under Part 15 of this Statement.

"Schedule" means a schedule to this Statement.

"Secretary" means the secretary appointed under clause 4.1 (d).

"Share" in relation to a Member means:

(a) the relevant percentage of a Shared Cost or Common Area Cost in respect of each Shared Facility and each Common Area specified in Schedule A, and

(b) the relevant percentage of management fees and insurance premiums specified in Schedule B.

"Shared Costs" includes the following expenses in relation to a Shared Facility:

(a) maintenance and repair costs, (b) renovation or replacement costs, ( c) Energy Costs, (d) the amount or amounts payable to the relevant contractor under an Approved Maintenance

Agreement, (e) all other expenses specified to be Shared Costs under this Statement together with other costs

determined by the Building Management Committee by Unanimous Resolution to be Shared Costs, and

(f) water usage and sewerage usage charges in the event that only one water and sewerage account for the building is issued to one of the stratum lots.

"Shared Facilities" means the services, machinery and equipment referred to in Schedule A and any alterations, additions or replacement of those items.

"Statement" means this Strata Management Statement.

"Strata Manager" means the strata manager appointed under clause 13.3 and includes a reference to the employees and contractors of the Strata Manager.

"Strata Scheme" means any strata scheme registered over the Land.

"Unanimous Resolution" is a resolution for which all Members (other than Defaulting Members) vote in favour.

2.2 Interpretation

In this Statement, unless the context otherwise requires:

BLESSINGTON JUDD Strata Management Statement 09,doc

sp bo9/8 Pag.Sof36

(a) a Schedule is a part of this Statement,

(b) a reference to a person includes an individual, finn, corporation, unincorporated association, joint venture and an authority,

(c) a reference to a person includes a reference to that person's executors, administrators, successors in title and assigns,

a reference to a thing includes the whole or each part of it, (d)

(e) where a person bound consists of 2 or more persons, this contract benefits and binds them jointly and severally,

the singular includes the plural and vice versa, (f)

(g) if a period of time is specified and commences from a given day or the day of an act or event, it must be calculated exclusive of that day,

(h) a document includes any variation or replacement of it,

(i) a reference to time is a reference to Sydney time,

G) a law, ordinance or code includes regulations and other instnunents under it and consolidations amendments re-enactments or replacements of them,

(k) "inClude" or "including" when introducing an example or list of things, does not limit the example or list to the example or list used or referred to, and

(1) headings are only used for convenience and do not affect interpretation.

PART 3 Establishment of Building Management Committee

3.1 Building Management Com mitt_

A Building Management Committee is established to manage and operate the Building on behalf of the Members. Each Member must appoint a natural person to be its Representative at meetings of the Building Management Committee .

3.2 Members of Committee

The Members of the Building Management Committee are:

(a) the Owners Corporation of the Residential Strata Scheme,

(b) the Owners Corporation of the Commercial Strata Scheme,

(c) the registered proprietor of the Carpark,

(d) the Italian Forum or when the Italian Forum ceases to own the Cultural Centre, the registered proprietor of the Cultural Centre, and

BLESSINGTON JUDD Strata Managemerlt Swement 09 ,doc

'" C'l

III 0> PI '-C'l C'l

.-i

.-i

"" o o

'" I

g-til I

C'l .-i

..., I-< PI '-

!§

!§ III ..., til '-m m m .-i I 0>

~ I

.-i C'l .. ::-£ '-

PI

(Xl

.-i m o

'" o o

PI til

u o Q '-E-i

'" U "" I-< o til

"''(Xl

.-i~ th: 0'4-1

8181

sp b09/8 Page 7 0'38

(e) the Italian Forum or when the Italian Forum ceases to own the Piazza, the registered proprietor of the Piazza.

3.3 Notice of Representative

Each Member must give each other Member written notice of the address, telephone and facsimile numbers of their Representative and any change to those details from time to time.

3.4 Acts by Representatives

Anything done by a Representative on behalf of their Member has the same effect as if the Member did it.

PART 4 OFFICE BEARERS

4.1 Office Bearers

The Building Management Committee:

(a) must appoint one of the Representatives to act as a chairperson for each meeting,

(b) must appoint a Representative or the Strata Manager to be the Secretary, and

(c) may appoint any other officer to assist it in its functions as it considers necessary from time to time.

4.2 Secretary

The Secretary may exercise the powers of the Building Management Committee to issue and receive all notices referred to in this Statement, to convene those meetings as are called for under this Statement and perform functions specified in this Statement.

PARTS FUNCTIONS OF COMMITTEE

5.1 Functions of Committee

The functions of the Building Management Committee are to:

(a) carry out its functions and duties set out in this Statement,

(b) make decisions about matters in this Statement,

(c) operate, maintain, renew and replace Shared Facilities and Common Areas,

(d)

(e)

change or add to Shared Facilities and Common Areas,

control in a fair manner the use of Shared Facilities and Common Areas,

(f) create and implement a maintenance program for Shared Facilities,

BLESSINGTON JUDD '>nata ~agement Statement 09 doc

Sf 609/8 P_8of3B

effect insurances according to the Act and this Statement, (g)

(h) consider and detennine any other matter which the Members detennine should be considered by the Building Management Committee, and

(i) comply with any other obligation under the Act.

PART 6 MEETINGS OF COMMITTEE

6.1 Convening Meetings

(a) A meeting of the Building Management Committee must be convened:

(i) if required by this Statement, (ii) if required by a Member, (iii) if the Building Management Committee resolves to do so, and (iv) at least every 6 months .

(b) At least 14 days notice of a meeting must normally be given. In the case of an emergency, shorter notice may be given.

6.2 Secretary to prepare notices

The Secretary must prepare and distribute notices of meetings and agendas for meetings, prepare minutes of all meetings and distribute those minutes to each Member at least 7 days prior to the next meeting.

6.3 Records of Meetings

The Building Management Committee must keep copies of agendas, motions and minutes for not less than 7 years after the date of any meeting.

PART 7 QUORUM

7.1 Quorum

Subject to clause 15.S(e), at any meeting of the Building Management Committee a quorum will consist of at least 5 Representatives of Members. If a quorum is not present within 30 minutes of the time appointed for the meeting, the meeting will be held 5 business days later at the same time and place notified for the original meeting. The quorum for the adjourned meeting will be the number of Representatives present within IS minutes of the time appointed for the adjourned meeting.

BLESSINGTON JUDD StnIta Management Stat('ment 09.doc

'" C'l

III 0> PI '-C'l C'l

.-i

.-i

"" o o

'" I

g-til I

C'l .-i

..., I-< PI '-

!§

!§ III ..., til '-m m m .-i I 0>

~ I

.-i C'l .. ::-£ '-

PI

(Xl

.-i m o

'" o o

PI til

u o Q '-E-i

'" U "" I-< o til

"''(Xl

.-i~ th: 0'4-1

8181

Sf 60918 Pageg 0.38

PART 8 VOTING

8.1 Voting

Subject to clause 15.8(e), at all meetings of the Building Management Committee an Member is entitled through its Representative to exercise I vote.

8.2 Casting Vote

The chairperson of any meeting does not have a casting vote.

PART 9 BUILDING MANAGEMENT COMMITTEE DECISIONS

9.1 Decisions of Committee

The Building Management Committee may only make decisions:

(a) according to this Statement,

(b) at a properly convened meeting, and

(c) by Ordinary Resolution or Unanimous Resolution.

9.2 Ordinary Resolution

A decision of the Building Management Committee may be made by Ordinary Resolution unless otherwise specified in this Statement.

9.3 Decisions in Writing

The Building Management Committee may make decisions in writing without holding a meeting if:

(a) each Member has been served with notice of a meeting and the motions to be considered by the Building Management Committee, and

(b) the required Members or number of Members have approved the motions in writing.

9.4 Decisions Binding

Each Member and Owner must comply with the decisions of the Building Management Committee.

PART 10 SUBMISSIONS TO BUILDING MANAGEMENT COMMITTEE

10.1 Proposals

Subject to clause 10.7 and clause 15.8(e) a Member may submit to the Building Management Committee a proposal to:

(a) vary, modify, repair, renew or replace Shared Facilities or Common Areas,

BLESSINGTON JUDD Strata Management Stalement 09.doc

(b)

(c)

(d)

(e)

(f)

sp (00 Cl/S Plllle 10 of 38

recommend an additional facility be installed as a Shared Facility or an additional area be set aside as a Common Area,

either or both vary the Shared Costs or Common Area Costs,

alter the external appearance of the Building,

maintain, repair, refurbish or replace any external area of the Building, or

amend this Statement.

10.2 Submission of Proposals

A proposal submitted to the Building Management Committee under clause 10.1 must be in writing and submitted to the Secretary who must then submit copies to each Member's Representative.

10.3 Maintenance and Maintenance Agreements

The Building Management Committee must, within 1 month of the date of this Statement, prepare a maintenance program and maintenance manuals so that Shared Facilities and Common Areas are maintained to a high standard.

(a) Only contractors approved by the Building Management Committee may do maintenance, repair, replacement or renovation work to Shared Facilities and Common Areas.

(b) Any agreement with a contractor for the provision of maintenance or the doing or any work in relation to the Building must first be approved by the Building Management Committee.

(c) The Secretary must provide each Member from time to time with a list of all contractors approved by the Building Management Committee and all Approved Maintenance Agreements.

(d) Decisions made by the Building Management Committee as to:

(i) the appointment of any contractor; (ii) whether a proposed maintenance agreement becomes an Approved Maintenance

Agreement; and (iii) proposed variations, additions, alterations or renewals of any Approved Maintenance

Agreement,

may be made by Ordinary Resolution.

10.4 Variations

The Members acknowledge that the list of Shared Facilities and Common Areas may require revision and adjustment from time to time because of:

(a) the identification of additional Shared Facilities or Common Areas,

(b) the modification or replacement of any Shared Facility or Common Area,

(c) alterations to the Building,

BLESSINGTON JUDD Strata Management SlaIemmt 09.doc

'" C'l

III 0> PI '-C'l C'l

.-i

.-i

"" o o

'" I

g-til I

C'l .-i

..., I-< PI '-

!§

!§ III ..., til '-m m m .-i I 0>

~ I

.-i C'l .. ::-£ '-

PI

(Xl

.-i m o

'" o o

PI til

u o Q '-E-i

'" U "" I-< o til

"''(Xl

.-i~ th: 0'4-1

8181

(d)

(e)

sp looCl15

a re-subdivision of a part of the Land,

variations in the use by Members of Shared Facilities or Common Areas, or

Page 11 of 38

(f) changes in legislation affecting this Statement and the obligations of Members under it.

10.5 Alterations to Shared Facilities or Areas

The Building Management Committee may by Unanimous Resolution vary, modifY, add a new facility, repair, renew or replace a Shared Facility or a Common Area and those variations when made and recorded in the minutes will be treated as amending this Statement.

10.6 Alterations of apportionment of Costs

The Building Management Committee may by Unanimous Resolution, vary the Shared Costs and Common Area Costs and the Share of those costs payable by the Members. Those variations when made and recorded in the minutes will be treated as amending this Statement. The Building Management Committee must consider those variations if:

(a)

(b)

(c)

(d)

(e)

(f)

the present division of those costs is unfair,

the Building changes,

new Shared Facilities are created or identified,

new Common Areas are created or identified,

the use of Shared Facilities or Common Areas by Members changes,

shared Facilities or Common Areas are repaired, modified or replaced,

(g) the Cultural Centre Works referred to in clause 14.8 are completed, or

(h) anything else happens which affects Shared Facilities or Common Areas.

10.7 Submission Restriction

Despite any other clause of this Statement, the Members agree that a Member (except the registered proprietor of the Piazza) has no right to make a submission to the Building Management Committee under clause 10.1 to consider any matter in connection with a Shared Facility or a Common Area other than those to which a Member has an obligation to pay a Share. The registered proprietor of the Piazza may make any submission to the Building Management Committee.

10.8 Amendments to this Statement

The Building Management Committee may only amend this Statement by Unanimous Resolution.

BLESSINGTON JUDD Strata Management Statement 09 doc

sp GO'4 15 Page 12 of 38

PART 11 DISPUTES

11.1 Good Faith

The Members must endeavour in good faith to resolve disputes about this Statement before they take action under this clause.

11.2 Disputes

Except for debts, Members must deal with disputes about this Statement according to this clause. This includes disputes:

(a) about the Building Committee unreasonably refusing or failing to consent to an application to amend this Statement,

(b) the Building Committee or any officer of the Building Committee failing to comply with the provisions about meeting requirements, or

(c) about resolutions of the Building Committee.

11.3 Procedure

The procedure for resolving disputes is:

(a) the Members must serve a notice if the dispute according to clause 11.4,

(b) if the dispute is not resolved, the Members must refer the dispute to meditation, and

(c) if mediation does not succeed, the Members must refer the dispute to the President of the Law Society.

11.4 Notice of Dispute

A Member may serve notice of a dispute on another Member. The notice must:

(a) describe what the dispute is about,

(b) identifY the provisions of this Statement or the laws that apply to the dispute,

( c) state their position,

(d) set out the facts and other circumstances on which they rely, and

(e) attach copies of correspondence and other documents mentioned in the dispute notice.

11.5 Attempt to Resolve

The Members agree that they will try to resolve a dispute after they receive a dispute notice.

11.6 Mediation

If they do not resolve a dispute within 14 days after receiving a dispute notice, the Members agree to mediate the dispute according to the 1995 Australian Commercial Dispute Centre Guidelines.

BLESSINGTON JUDD Strata Management Statmlellt 09.doc

'" C'l

III 0> PI '-C'l C'l

.-i

.-i

"" o o

'" I

g-til I

C'l .-i

..., I-< PI '-

!§

!§ III ..., til '-m m m .-i I 0>

~ I

.-i C'l .. ::-£ '-

PI

(Xl

.-i m o

'" o o

PI til

u o Q '-E-i

'" U "" I-< o til

"''(Xl

.-i~ th: 0'4-1

8181

SPboQJB Page 13 of 38

11.7 Referral to Law Society

If they do not resolve a dispute within 28 days after referring the dispute to mediation, the Members agree to submit the dispute to a person nominated by the President of the Law Society. The nominated person must have at least 10 years experience as a lawyer and is to act as an expert and not as an arbitrator.

11.8 Submissions

Members may make written submissions to the expert. They must give each other copies of the submissions.

11.9 ConSUltants

The expert may appoint consultants to advise on the dispute.

11.10 Decisions Binding

The expert's decision is final and binding on the Members .

11.11 Costs

Members involved in the dispute must pay the expert's costs in the shares decided by the expert or, if there is no decision about costs, equally.

11.12 Proceedings

A Member cannot take legal action or other arbitration unless the Members have exhausted this clause and not resolved the dispute.

PART 12 SERVICE OF NOTICES & OTHER DOCUMENTS

12.1 Service

A notice, approval, consent or other communication in connection with this Statement:

(a) must be in writing, and

(b) must be left at the address of the addressee, or sent by prepaid mail to the address of the addressee or by facsimile to the facsimile number of the addressee notified by the addressee to the other Members or if the addressee notifies another address or facsimile number then to that address or facsimile number.

12.2 Date when effective

Unless a later time is specified in it, a notice, approval consent or other communication takes effect from the time it is received.

12.3 Receipt of Notices

A letter of facsimile is taken to be received:

BLESSINGTO~ JUDD Strata Management Statement 09_doc

(a)

(b)

SPboglB Page 14of38

if posted on the second day after posting, and

in the case of a facsimile, on production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the recipient.

PART 13 OBLIGATIONS AND RIGHTS OF MEMBERS AND OWNERS

13.1 General Obligations of the Members

The Members must:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

ensure the Building Management Committee is and remains properly constituted in accordance with the Act and this Statement,

ensure the Insurance is effected and maintained in accordance with the Act and this Statement;

promptly comply with their obligations under this Statement and the Act,

ensure that the Building is efficiently managed to a high standard,

promptly pay contributions for Shared Facilities, Common Areas and other amounts they owe

under this Statement,

ensure that the Building Management Committee is properly constituted and implements its

decisions, and

not interfere with the rights of other Members or Owners in the Building.

13.2 Nature of Obligations

The obligations of the Members under this Statement are several and not joint and accordingly no Member incurs a liability to another by reason only of the default of a Member.

13.3 Obligations of Owners

Each Owner must promptly comply with its obligations contained or implied in this Statement.

13.4 Noise in Piazza

Each Member and each Owner acknowledges that, by its nature, the Entertainment Areas will

generate noise from:

(a) the presence of members of the public on and through the Entertainment Areas,

(b) commercial activity in and outside lots in the Commercial Strata Scheme, and

(c) culturaI events and other entertainment activities conducted on the Entertainment Areas.

BLESSINGTON JUDD Stmta Managemmt Statement 09_doc

'" C'l

III 0> PI '-C'l C'l

.-i

.-i

"" o o

'" I

g-til I

C'l .-i

..., I-< PI '-

!§

!§ III ..., til '-m m m .-i I 0>

~ I

.-i C'l .. ::-£ '-

PI

(Xl

.-i m o

'" o o

PI til

u o Q '-E-i

'" U "" I-< o til

"''(Xl

.-i~ th: 0'4-1

8181

SPGoClIO Pag_i5 of 38

No Member or Owner may lodge any objection with any relevant authority regarding the level of noise generated from the Entertainment Areas within the hours of operation permitted under the development approval for the Building (as amended from time to time) given by Leichhardt Council.

13.4 Appointment of Strata Manager

The Building Management Committee must appoint a Strata Manager to provide administrative, financial management and book keeping services. The Building Management Committee may delegate some of its functions to the Strata Manager but may not delegate functions that require a Unanimous Resolution.

13.5 Manager Licensed

The Strata Manager must have the licenses required by law to be a strata managing agent.

13.6 Agreement

If the Building Management Committee appoints a Strata Manager it must have a written agreement with the Strata Manager that has provisions about:

(a) remuneration,

(b) conditions of appointment, and

(c) functions that may be delegated .

13.7 Owners Corporations to appoint Strata Manager

Members who are an Owners Corporation of a Strata Scheme must appoint and retain under Section 28 of the Act, the same Strata Manager as the Building Management Committee appoints under this Statement.

13.8 Centre Manager

The Building Management Committee may enter into an agreement with a Centre Manager to provide management and operational services for the Italian Forum. If it does so, the provisions of Part 20 of this Statement will apply. Nothing in this Statement prevents the Building Management Committee from appointing the same person to be Strata Manager and Centre Manager provided that the Building Management Committee is satisfied that the person is suitably qualified to perform both roles.

13.9 Owners Corporations to appoint Centre Manager

Members who are an Owners Corporation of a Strata Scheme and who appoint a Centre Manager under their by-laws, must appoint the Centre Manager appointed by the Building Management Committee under clause 13.8 and Part 20 of this Statement.

13.10 Costs of Strata and Centre Manager

The fees payable to the Strata Manager appointed under clause 13.4 and the Centre Manager (if appointed under clause 13.8 and Part 20), must be paid by the Members in the proportions set out in Schedule B and in accordance with Part 15.

RLESSINGTOJ'; JUDD Srrata Management Statement 09_doc

sp bOClJb Pag_16of38

13.11 Meetings of Owners Corporations

A Member who is an Owners Corporation of a Strata Scheme must:

(a)

(b)

give notices of its general meetings and executive committee meetings to other Members, and

give the notice as if the other Member was a member of the Owners Corporation of that Strata

Scheme.

13.12 By·Laws of Owners Corporations

A Member who is an Owners Corporation of a Strata Scheme may add to, change or cancel the by

laws for its Strata Scheme only if:

(a) its consults with the Building Management Committee before making the addition, change or

cancellation, and

(b) the addition, change or cancellation does not conflict with this Statement.

In the event of any inconsistency between this Statement and the by-laws of any Strata Scheme, this

Statement will prevail.

13.13 Alteration of Common Property

The Owner's Corporation of a Strata Scheme must not:

(a) alter common property in that scheme, or

(b) permit alterations by Owners to any part of their lots including balconies and car parking areas,

unless those alterations are first approved by a Unanimous Resolution of the Building Management

Committee.

13.14 Management of Entertainment Areas

The use of the Entertainment Areas will be undertaken by the Centre Manager in accordance with:

(a)

(b)

(c)

this Strata Management Statement,

the Piazza Management Deed between the owner of the Piazza and the Commercial Strata

Scheme, and

the Centre Manager's agreement.

The Building Management Committee must not allow any cultural, promotional or entertainment event to occur on and in the Entertainment Areas unless, where necessary, the consent of Leichhardt

Councilor any other relevant authority has been obtained.

Strata Managemmt Statement 09.doc

BLESSINGTON JUDD

'" C'l

III 0> PI '-C'l C'l

.-i

.-i

"" o o

'" I

g-til I

C'l .-i

..., I-< PI '-

!§

!§ III ..., til '-m m m .-i I 0>

~ I

.-i C'l .. ::-£ '-

PI

(Xl

.-i m o

'" o o

PI til

u o Q '-E-i

'" U "" I-< o til

"''(Xl

.-i~ th: 0'4-1

8181

5P GoqlB Page 17 of 38

PART 14 RENOVATION, REFURBISHMENT & ARCHITECTURAL STANDARDS

14.1 Owners to meet

The Members must at intervals of not less than 7 years commencing from the date of this Statement, convene a meeting of the Building Management Committee to discuss the state of the repair of the exterior of the Building and if the Building Management Committee by Unanimous Resolution considers it necessary it will request the Secretary to prepare a detailed plan to carry out Refurbishment Works so as to re-establish the exterior Building to a level commensurate with buildings of a comparable age and location and with comparable uses.

14.2 Plan preparation

The Secretary must, if requested by the Building Management Committee, prepare detailed plans for the Refurbishment Works including costings and funding arrangements and submit the plan to the each Member for their consideration.

(a) Within 42 days of the Secretary submitting the plan to each Member, the Building Management Committee must meet to consider the plan and to decide if the plan will be implemented.

(b) The decision as to whether the plan will be implemented must be made by a Unanimous Resolution.

14.3 Effecting works

If the Building Management Committee reaches agreement under clause 14.2, the Secretary must ensure that the Refurbishment Works are carried out expeditiously.

14.4 Owners to Pay

The Members must each pay a percentage of all costs involved in the Refurbishment Works in the percentage the parties agree is appropriate having regard to the particular Refurbishment Works and in accordance with the funding arrangements set out in the plan referred to in clause 14.2(a).

14.5 Secretary to Obtain Approvals

The Secretary will be responsible for obtaining any approvals required by statutory bodies for undertaking and completion of the Refurbishment Works and the Members must do all things reasonably necessary to enable the Secretary to obtain those approvals.

14.6 Disputes

Any dispute regarding the Refurbishment Works will be dealt with under clause 11.3 of this Statement.

14.7 Refurbishment of Retail Areas

Where the plan referred to in clause 14.2 includes Refurbishment Works involving the whole or part of the Commercial Strata Scheme, any Owner of any lot in the Commercial Strata Scheme must cooperate with the Building Management Committee to ensure that the Refurbishment Works are carried out expeditiously.

BLESSINGTON JUDD Strata :vIanagemellt Statement O'I_doc

SPbO<qIB Page 18of38

14.8 Alterations to Cultural Centre

Despite any other clause of this Statement, each Members and each Owner agree that the registered proprietor of the Cultural Centre will, to the fullest extent permitted by law, be entitled to lodge either or both development and building applications with Leichhardt Council in respect of the anticipated addition of further levels to the Cultural Centre ("Cultural Centre Works") without being required to obtain the prior written consent of any other Member or Owner.

(a) Each Member and each Owner may not prevent the Cultural Centre from lodging any development or building application for the Cultural Centre Works although, subject to clause 14.8(b) each Member and each Owner may make submissions (including objections) to Leichhardt Council in relation to the Council's consideration of development or building applications for the Cultural Centre Works.

(b) The Owners of lots 131, 132, , 133, 139, 140 and 141 must not make submissions to the Leichhardt Council objecting to development or building applications for the Cultural Centre Works.(c) The cost of the Cultural Centre Works together with the cost of all consequential works to the Building, Shared Facilities or Common Areas must be fully funded by the registered proprietor of the Cultural Centre and will not be regarded as Shared Costs, Common Area Costs or costs under clause 14.4.

(d) The registered proprietor of the Cultural Centre acknowledges that on completion of the Cultural Centre Works, the Building Management Committee must meet to consider, under clause 10.6, altering the apportionment of Shared Costs and Common Area Costs between Members as a result of those works .

14.9 Architectural Standards

Within 1 month after this Statement is registered, the Building Management Committee must meet to create by Unanimous Resolution a general architectural standard for the Building ("Architectural Standard").

(a) In preparing the Architectura1 Standard, the Building Management Committee may engage architects and other design consultants to assist it;

(b) The Architectural Standard must include a requirement that all work effected to the interior or exterior of the Building by a Member or an Owner (including fitouts in lots in the Commercial Strata Scheme and work undertaken pursuant to this Statement) must be consistent with the architectural concept of the Building at the date of this Statement and be in keeping with the Italian style and design of the Building.

(c)

(d)

Each Member and each Owner must comply with the Architectural Standard.

The Building Management Committee may from time to time amend, vary or replace the Architectural Standard by Unanimous Resolution.

(d) Any Member which is an Owners Corporation of a Strata Scheme must incorporate and maintain the Architectura1 Standard within its by-laws.

BLESSINGTON JUDD Strata Management Statemelll 09.doc

'" C'l

III 0> PI '-C'l C'l

.-i

.-i

"" o o

'" I

g-til I

C'l .-i

..., I-< PI '-

!§

!§ III ..., til '-m m m .-i I 0>

~ I

.-i C'l .. ::-£ '-

PI

(Xl

.-i m o

'" o o

PI til

u o Q '-E-i

'" U "" I-< Otll

"''(Xl

.-i~ th: 0'4-1

8181

SPb0C110 Page 19 of 38

PART 15 PAYMENTS

15.1 Contribution by Members

Each Member must contribute to Shared Costs and Common Area Costs in the manner set out in this Part 15.

15.2 Payment by Members

A Member's Share of Shared Costs, Common Area Costs and other costs and expenses incurred under this Statement must be paid in accordance with this Section 15 unless otherwise specified in this Statement or agreed by the Building Management Committee.

15.3 Budget

The Building Management Committee must prepare the first budget within I month after this Statement is registered. The Building Management Committee must prepare a budget for each 12 month period showing how much money it will need for:

(a) operating, maintairring, renewing and replacing Shared Facilities and Common Areas,

(b) complying with the maintenance program referred to in clause 10.3,

(c) paying fees to the Strata Manager and Centre Manager, and

(d) other costs to be incurred by the Building Management Committee under this Statement.

15.4 Notice of Contributions

The Budget must be submitted to each Member by I September in each year together with a notice of the amount that Member is responsible for in the 12 month period to which the Budget relates. Each Member must pay that amount to the Building Management Committee by equal quarterly instalments in advance, no later than the 14th day of October, January, April and July of each year of this Statement excluding the first and last payment which must be proportionate if necessary.

15.5 Statement

As soon as practicable (but no later than 42 days) after the expiration of each 12 month period, the Building Management Committee must provide each Member with a duly audited Payment Notice signed by the Secretary specifying the amounts for which each Member is responsible and which were incurred during that 12 month period. The Payment Notice must give reasonable details.

15.6 Adjustments

Within 14 days of the receipt by an Member of the Payment Notice referred to in clause 15.5, the Member must pay to the Building Management Committee the difference (if any) between the amount paid by that Member in accordance with clause 15.4 and the amount specified in the Payment Notice. If there has been an overpayment by an Member, that amount must be credited against the Member's proportion for the next ensuing quarter.

BLESSINGTON JUDD Strata Management Statement 09_00c

SPGOCjIt) Page 20 0138

15.7 Defaulting Member

If a Member (except the registered proprietor of the Piazza) fails to comply with a valid notices under clause 15.4 or a Payment Notice under clause 15.5, then:

(a) the Member is not a Defaulting Member until:

(i)

(ii)

the Secretary serves on the Member a further notice containing particulars of the default and requiring the Member to remedy the default within 28 days of service of

that notice, and the Member has failed to pay the Building Management Committee the money necessary to remedy the default within 28 days of service of that notice; and

(b) The Secretary is not entitled to serve a notice on a Member under paragraph (a)(i) if:

(i) that Member has served a notice seeking clarification of an amount in accordance with clause 15.9 and is complying with the requirements of that clause, or

(ii) the Building Management Committee has failed to comply with its obligations in this

Part 15 .

15.8 Obligation of Members on Default by a Member

Subject to clause 15.7, if a Member to whom a notice has been given either under clause 15.4 or 15.5 is a Defaulting Member the following paragraphs apply.

(a) The Secretary must give a further Payment Notice to each Member except the Defaulting Member, requesting those Members to pay the amount specified in that Payment Notice being a fair share having regard to the Shared Costs and Common Area Costs of the amount not paid by the Defaulting Member and those Members must pay the amount specified in the respective notice within 14 days of the receipt of the notice.

(b) At the time of giving the notice referred to in subparagraph (b), the Secretary must give to the Defaulting Member a notice inforrrring the Defaulting Member that it is in breach of clauses

15.4 or 15.6.

(c) On giving the notice referred to in subparagraph (b), the money payable by the Defaulting Member may be recovered by the Members who have paid money under subparagraph (b) from the Defaulting Member as a debt due and owing together with interest at the rate set out

in Section 79(2) of the Act.

(d) The money referred to in subparagraph (d) when recovered from the Defaulting Member must after deduction of any costs or expenses incurred in that recovery, be paid to the Members in the same proportions as that money was contributed by them.

(e) While a Member remains a Defaulting Member its Representative may attend meetings of the Building Management Committee and make submissions in relation to any motion put to the

meeting but:

(i) its Representative is not entitled to exercise a vote at any Building Management

Committee meeting,

BLESSINGTON JUDD Strata Management Statemart 09.dot

'" C'l

III 0> PI '-C'l C'l

.-i

.-i

"" o o

'" I

g-til I

C'l .-i

..., I-< PI '-

!§

!§ III ..., til '-m m m .-i I 0>

~ I

.-i C'l .. ::-£ '-

PI

(Xl

.-i m o

'" o o

PI til

u o Q '-E-i

'" U "" I-< o til

"''(Xl

.-i~ th: 0'4-1

8181

5p Gog 10 Page 21 of38

(ii) clause 7.1 will be varied to reduce the quorum by deleting the requirement for the presence of the Representative of the Defaulting Member, and

(iii) it is not entitled to request a meeting of the Building Management Committee under clause 6.1 or submit a proposal to the Building Management Committee under clause 10.1.

15.9 Clarification

If a Member requires clarification of an amount it is required to pay under clause 15.4 or clause 15.5, it must, within 10 days of receipt of the relevant notice, notifY the Secretary in writing ("Clarification

Notice") of the matter or matters it requires to be clarified.

(a)

(b)

(c)

The Clarification Notice must:

(i) identifY the matter or matters it requires to be clarified, (ii) set out any facts upon which the need for clarification is based, and (iii) contain any further relevant particulars.

On receipt of the Clarification Notice in clause 15.9(a), the Secretary must immediately convene a meeting of the Building Management Committee and the Member to discuss the matters contained in that notice.

If the matter is not settled within 14 days after that meeting then the procedures in clause 11.3 apply.

15.10 Separate Funds

The Building Management Committee may establish and budget for 2 separate funds:

(a) a capital works fund to pay for renewals and replacements of Shared Facilities and Common Areas, and

(b) an administrative fund to pay the day to day expenses of operating and maintaining Shared Facilities, Common Areas, insurance premiums, administrative costs and other costs that are not capital work fund costs.

15.11 Records and Books

The Secretary must:

(a) cause proper records and books of account to be kept of all of the amounts payable under this Statement,

(b)

(c)

enter all matters and transactions usually entered in books of account kept by property managers, and

ensure that records and books of account are available during normal business hours (on reasonable notice) for inspection by a Member or its Representative.

BLESSINGTON JUDD Strata Management Statement cw.ooc

sp 00g 15 P_22of38

15.12 Application of Payment

The Building Management Committee must apply all payments received from Members in the following manner:

(a) it must pay all money it receives into a bank or building society account,

(b) it may only withdraw money from an account to pay for things allowed under this Statement,

(c) it may place money in an interest bearing account and, if the account earns interest, credit that interest to the account, and

(e) it may repay money it does not need to Members in shares decided by the Building Management Committee.

PART 16 CLEANING

16.1 Cleaning of Windows

Each Member must arrange for all exterior glass in its lots to be cleaned on a regular basis.

16.2 Members to Contribute to Costs

Each Member must pay its own costs of the window cleaning referred to in clause 16.1 .

16.3 Costs

Each Member agrees that the window cleaning costs referred to in clause 16.2 includes all costs incurred including the supply of materials, wages and overheads paid to employees, and the hire, maintenance, and running of all equipment used.

16.4 Maintaining the Common Property

Each Member must:

(a) keep its stratum lot or the common property in its Strata Scheme clean, tidy and free from rubbish, and

(b) take all action necessary to keep that lot or common property free from rodents, vermin, insects, pests, birds and animals.

16.5 Maintaining Lots

Each Owner must:

(a)

(b)

keep its stratum lot or its lot in a Strata Scheme clean, tidy and free from rubbish, and

take all action necessary to keep that lot free from rodents, vermin, inspects, pests, birds and animals.

BLESSINGTON JUDD Strata Management Statement 09.doc

'" C'l

III 0> PI '-C'l C'l

.-i

.-i

"" o o

'" I

g-til I

C'l .-i

..., I-< PI '-

!§

!§ III ..., til '-m m m .-i I 0>

~ I

.-i C'l .. ::-£ '-

PI

(Xl

.-i m o

'" o o

PI til

u o Q '-E-i

'" U "" I-< o til

"''(Xl

.-i~ th: 0'4-1

8181

SPGoQl8 Page 23 0'38

16.6 Centre Manager to Effect Services

Any Member or Owner is entitled to separately contract with the Centre Manager to effect any cleaning and maintenance work required under this Part 16.

PART 17 INSURANCE

17.1 Insurances Required

The Building Management Committee must:

(a) insure the Building under a damage policy according to the Act,

(b) to the extent that it does not conflict with insurances effected by individual Members effect insurances required under Section 87 of the Act,

( c) effect insurances only with an Approved Insurer,

(d)

(e)

effect enough insurance cover to pay for increased costs during the period of insurance,

immediately effect new insurance or adjust existing insurances if there is any increase in or a new risk to the Building, and

(f) have the Building valued for insurance purposes by a qualified valuer at least every 3 years .

The Building Management Committee may resolve to effect any other type of insurances in respect of risks for which the Members collectively have an insurable interest.

17.2 Payment of Premiums

The premiums for insurances effected by the Building Management Committee are to be paid by the Members in the Shares set out in Schedule B. These premiums are to be included in the Budget and Members' Shares paid under Part 15 of this Statement.

17.3 Prejudicial Conduct

No Member or Owner may, without the consent of the Building Management Committee, do anything that might:

(a) void or prejudice insurances effected by the Building Management Committee, or

(b) increase an insurance premium.

If a Member or Owner does anything to increase an insurance premium, then the Member or Owner must pay the increased amount. In the case of a Member, the Building Management Committee may add that amount to the Member's Share of insurance premiums.

17.4 Insurances effected by Members

A Member who effects insurances (other than insurances effected by the Building Management Committee) must:

BLESSINGTON JUDD Snata Management Stalement 09 doc

sp boQ'5 Page 24 of 38

(a) note on the policy, the names of other Members who have an insurable interest, and

(b) allow a claim under the policy to be made by those other Members.

PART 18 SIGNS

18.1 Signs

The Members and Owners must not without the prior written consent of the Building Management Committee affix or exhibit any sign, light, advertisement, name or notice to the exterior of the Building or in the interior of the Building if it is visible from the outside of the Building.

18.2 Committee Decision

The Building Management Committee's decision in respect of clause 18.1 will be made by an Ordinary Resolution .

PART 19 SECURITY & FIRE CONTROL

19.1 Security

The Building Management Committee may take all reasonable steps to ensure the security of the Building and personal property and the observance of proper standards of behaviour and may:

(a) enter into an agreement with a security firm for the provision of security personnel and security services,

(b) permit any designated part of the Building to be used by any security person as a means of monitoring the security and general safety of the Building, and

(c) obtain, install and maintain locks, alarms, communication systems and other security devices.

19.2 Keys or Security Devices

A Member or Owner to whom any key or security device is given must exercise a high degree of caution and responsibility in making them available for use by any lessee or occupier and take reasonable precautions to ensure their return when the lessee or occupier leaves.

19.3 Loss of Keys or Security Devices

An Owner who is issued with a key or security device must immediately notifY the Secretary if they are lost.

19.4 Fire Regulations

Members must provide adequate fire safety equipment in their lot or Strata Scheme (as the case may be). Each Member and Owner must comply with laws about fire control and fire safety equipment and must:

BLESSINGTON JUDD Strata Managtmenl Statement 09.doc

'" C'l

III 0> PI '-C'l C'l

.-i

.-i

"" o o

'" I

g-til I

C'l .-i

..., I-< PI '-

!§

!§ III ..., til '-m m m .-i I 0>

~ I

.-i C'l .. ::-£ '-

PI

(Xl

.-i m o

'" o o

PI til

u o Q '-E-i

'" U "" I-< o til

"''(Xl

.-i~ th: 0'4-1

8181

Sp b0915 Page 25 of 38

(a) not interfere with fire safety equipment;

(b) not obstruct fire stairs or fire escapes; and

(c) take reasonable care to make sure that fire and security doors are locked or closed when not being used.

PART 20 MANAGEMENT

20.1 Centre Manager

If the Building Management Committee determines under clause 13.8 to appoint a Centre Manager, the provisions of this Part 20 will apply.

20.2 Agreement

The Building Management Committee may by Unanimous Resolution enter into an agreement with a Centre Manager to provide management and operational services for the Building. When the agreement with the Centre Manager ends the Building Management Committee may enter into a further agreement with another Centre Manager to provide those services.

20.3 Term of Agreement

The term of the agreement may be for up to 5 years. The agreement will contain those provisions which the Building Management Committee may require including:

(a) the rights of the Building Management Committee and the Centre Manager to terminate the agreement prior to its expiration, and

(b) the right, if any, of the Centre Manager to assign the agreement.

20.4 Remuneration

The Centre Manager's remuneration for the first year of the agreement may be a fixed fee and for subsequent years may be:

(a) the market cost agreed between the Building Management Committee and the Centre Manager, plus

(b) a profit component for the Centre Manager.

20.5 Duties

The Centre Manager's duties may include:

(a) caretaking, supervising and servicing the Shared Facilities and Common Areas,

(b) supervising the cleaning, repair, maintenance, renewal or replacement of the Shared Facilities and Common Areas,

( c) arranging for the collection and removal of garbage,

BLESSINGTON JUDD Strata Management Stattmem 09.doc

(d)

(e)

(f)

sp boCfIE> Page 26 of 38

providing other services at separate cost to Members and Owners oflots in a Strata Scheme,

arranging and managing the licensing parts of the Entertainment Areas to Owners oflots in the Commercial Strata Scheme subject to the Piazza Management Deed,

arranging and managing the activities to be conduced on the Entertainment Areas subject to the Piazza Management Deed,

(g) promotion of the Italian Forum Complex as a retail, commercial and cultural venue,

(h) providing other services at cost to Members who are Owners Corporations of Strata Schemes, and

(i) doing anything else that the Building Management Committee agrees is necessary for the operation and management of the Building.

20.6 Instructions

The Centre Manager must comply with the directions of the Building Management Committee about performing its duties.

PART 21 PIAZZA MANAGEMENT DEED

21.1 Piazza Management Deed

The Piazza Management Deed has been entered into by the registered proprietor of the Piazza and the Commercial Strata Scheme to regulate the operation of the Piazza and parts of the Entertainment Areas in the Commercial Strata Scheme.

21.1 Binding Effect & Inconsistencies

(a) The Piazza Management Deed will operate and bind each Member and each Owner so far as it applies as if it were a deed between those Members and Owners.

(b) The Piazza Management Deed is to be read in conjunction with this strata management statement.

(c) To the extent that there are any inconsistencies between the Piazza Management Deed and this strata management statement, the Piazza Management Deed will prevail to the extent necessary to avoid the inconsistency.

PART 22 PROMOTIONAL LEVY FOR CULTURAL CENTRE

22.1 Payments by Lot Owners in Commercial Strata Scheme

The owners of lots in the Commercial Strata Scheme will pursuant to this strata management statement and the by laws that apply in that strata scheme pay a levy in the total amount of $60,000 for the administrative, promotional and cultural activities conducted in the Cultural Centre.

BLESSINGTON JUDD Strata Managtffienl Statemwl 09.doc

'" C'l

III 0> PI '-C'l C'l

.-i

.-i

"" o o

'" I

g-til I

C'l .-i

..., I-< PI '-

!§

!§ III ..., til '-m m m .-i I 0>

~ I

.-i C'l .. ::-£ '-

PI

(Xl

.-i m o

'" o o

PI til

u o Q '-E-i

'" U "" I-< o til

"''(Xl

.-i~ th: 0'4-1

8181

SP60QlB Page 27 of 38

22.2 Payment by Owners Corporation to Cultural Centre

The levies paid by the owners of lots in the Commercial Strata Scheme and collected by the owners corporation for the Commercial Strata Scheme will be paid periodically by the owners corporation for the Commercial Strata Scheme to the registered proprietor of the Cultural Centre for the administrative, promotional and cultural activities conducted in the Cultural Centre.

PART 23 COVENANTS EASEMENTS ETC

23.1 Creation

The Land, Building and all lots will be subject to covenants, easements and other restrictions set out in instruments registered in respect of the Land or part of the Land before, at the same time and after the registration of the stratum plan.

23.1 Parties Bound

Each owner of a lot in the Land or a lot in a strata scheme created in respect of a lot in the Land will be bound by any covenants, easements and other restrictions that are established.

23.2 Terms and Provisions

The terms and provisions of the covenants, easements and other restrictions are set out in each registered instrument .

BLESSINGTON JUDD Strata Management Stalemen! 09.doc

sp boG! 10 P_28 of 38

SCHEDULE A

PART 1 SHARED FACILITIES

1. ESSENTIAL SERVICES

1.1 Sprinkler system including pumps and booster connection

Location Within the carparking levels

PUIpOIIe Fire fighting purposes

Maintenance Periodic inspections and testing every three months

Certification As required by Statutory Authority

Responsibility Building Management Committee

Part of Shared COsts Lot 11 Lot 12 Lot 13 Lot 14 Lot 15

50% 10% 27% 13% 00%

1.2 Hydrant system and any booster connection, hose reel system and portable fire extinguishers

Location Throughout the Building

PUIpOIIe Fire fighting purposes _In_ Periodic inspections and testing as per statutory requirements

Access 24 hour for emergencies

Certification As required by Statutory Authority


Part of Shared COsts Lot 11 Lot 12 Lot 13 Lot 14 Lot 15

53 % 00% 34% 14% 00%

BLESSINGTON JUDD Strata Management Statement O9.doc

'" C'l

III 0> PI '-C'l C'l

.-i

.-i

"" o o

'" I

g-til I

C'l .-i

..., I-< PI '-

!§

!§ III ..., til '-m m m .-i I 0>

~ I

.-i C'l .. ::-£ '-

PI

(Xl

.-i m o

'" o o

PI til

U o Q '-E-i

'" U "" I-< o til

"''(Xl

.-i~ th: 0'4-1

8181

sp bOqlB Page 29 of 38

1.3 Fire Alann Monitoring, AS 1668 Controls and Fire Control Room Systems

Location

Purpose

Maintenance

Access

Certification

Responsibility

Part of Shalflll Costs

In the positions as directed by the NSW Fire Brigade throughout the Building

Fire prevention, protection and alanns

As per statutory requirements

24 hour for emergencies

As required by Statutory Authority

Building Management Committee

Lot 11 Lot 12 Lot 13 Lot 14 Lot1S

48% 10% 30% 12% 00%

1.4 Access panels, fire doors, smoke doors, fire dampers


Purpose Fire protection

Maintenance Regular inspections as per Statutory Authority

certification As required by Statutory Authority


Part of Shared Costs Lot 11 Lot 12 Lot 13 Lot 14 Lot1S

50% 10% 27% 13% 0%

1.5 Emergency Waming and Intercommunication System

Location

PulJlDSe

Maintenance

Access

Bl ESSINGTON JUDD

In the positions as directed by the Fire Brigades of New South Wales throughout the Building

Fire protection and control

Tested as per statutory requirements

24 hour

Strata Manag=ent Statement lJ9.doc

SPG0C1 18 Page 30 of 38

CerlifIt:8t1on As required by Statutory Authority


Part M _lflii Costs Lot 11 Lot 12 Lot 13 Lot 14 Lot1S

48% 10% 30% 12% 00%

1.6 Emergency lighting and exit signs

Location

Purpose

Access

CerlifIt:8tlon

Responsibility

Part of Shared Costs

2. OTHER SERVICES

Throughout the Building

Provides and illuminate path to fire exists for two hours in the event of a power failure

Maintenance

Annual



48% 10% 30% 12% 00%

2.1 Subsoil Pumps and SanitalY Systems


Purpose Provide systems of stonnwater and sewerage detention and management

Maintenance Periodic as required

Access As appropriate for servicing


Part M Shared Cost. Lot 11 Lot 12 Lot 13 Lot 14 Lot1S

48% 10% 30% 12% 00 %

BLESSINGTON JUDD Strata Management Statemenl 09.doc

'" C'l

III 0> PI '-C'l C'l

.-i

.-i

"" o o

'" I

g-til I

C'l .-i

..., I-< PI '-

!§

!§ III ..., til '-m m m .-i I 0>

~ I

.-i C'l .. ::-£ '-

PI

(Xl

.-i m o

'" o o

PI til

U o Q '-E-i

'" U "" I-< o til

"''(Xl

.-i~ th: 0'4-1

8181

Sf 00ql8 2.2 Gas supply and main to meters, town mains to meters


Purpose Provide systems of water and gas supply




Part of Shared Costs Lot 11 Lot 12 Lot 13

48% 05% 35%

2.3 Arrester System

Location Basement area

Purpose Provide system for removal of trade waste

Maintenance Periodic

Access 24 hour


Part 0' Shared Costs Lot 11 Lot 12 Lot 13

00% 00% 100%

2.4 Kitchen exhaust system including ducts, plant and dampers


Purpose Provide systems for removal of trade waste




BLESSINGTON JUDD

Page 310138

Lot 14 Lot1S

12% 00 %

Lot 14 Lot1S

00% 00%

Strata Management StalemaJt 09 doc

sp GoG( /8 Page 32 0138

Part M Shared Cosl$ Lot 11 Lot 12 Lot 13 Lot 14 Lot1S

00% 00% 100% 00% 00 %

2.5 Shared sewerage lines


Purpose Provide systems of sewerage reticulation




Part M Shared Cosl$ Lot 11 Lot 12 Lot 13 Lot 14 Lot1S

48% 05% 35% 12% 00 %

3. MECHANICAL SERVICES

3.1 Car park ventilation systems and miscellaneous ventilation and conditioned air systems servicing switch rooms, MDF room, service rooms, fire control room, public toilets and garbage rooms

Locatltm

Purpose

Access

Responsibility

Part 0' Shared CDsl$

BLESSINGTON JUDD

Throughout the Building, primarily in the car park and in plant rooms and basements

Provide ventilation and smoke removal in the case of the car park levels

As appropriate for servicing



53% 00% 34% 14 % 00%

Strata Managemmt Statement 09.00c

'" C'l

III 0> PI '-C'l C'l

.-i

.-i

"" o o

'" I

g-til I

C'l .-i

..., I-< PI '-

!§

!§ III ..., til '-m m m .-i I 0>

~ I

.-i C'l .. ::-£ '-

PI

(Xl

.-i m o

'" o o

PI til

U o Q '-E-i

'" U "" I-< o til

"''(Xl

.-i~ th: 0'4-1

8181

sp~oC) 15 Page 33 of 38

3.2 Air Conditioning chilled water system

Location Within retail/commercial areas

Purpose Provide chilled water for air conditioning systems provided by others




Part of Shared Costs Lot 11 Lot 12 Lot 13 Lot 14 Lot 1S

00% 00% 100% 00% 00 %

4. ELECTRICAL SERVICES

4.1 Main incoming supply, site main switchboard and stairwell lighting

Location Installed throughout the Building

Purpose Provides electricity supply and artificial lighting to stairwells


AcceD As required

ResponsIbility Building Management Committee

P/lTt of Shared Cos,. Lot 11 Lot 12 Lot 13 Lot 14 Lot1S

48% 10% 30% 12 % 00 %

4.2 Public area lighting

Location Car park piazza, arcades, walkways, open streets and colonnades

Purpose Provides external and public area lighting and artificial lighting


Access As required

RI ESSINGTON JUDD Strata Management Statement 09.doc

Sf bO~ IB Peg. 34 of 38

RespontSiblllty Building Management Committee

PlOTt of Shared Cos,. Lot 11 Lot 12 Lot 13 Lot 14 Lot1S

48% 05 % 35% 12% 00 %

5. ACCESS CONTROL SYSTEM

5.1 Access Control

A comprehensive maintenance contact will be entered into for the maintenance and repairs of all access equipment. Access equipment includes but is not limited to:

o card readers;

o audio intercom system;

o door alarm and boom gates.


P/lTt of Shared Costs Lot 11 Lot 12 Lot 13 Lot 14 Lot1S

40% 09% 50% 01 % 00%

5.2 Access Control - Public Car Park

A comprehensive maintenance contract will be entered into for the maintenance and repairs of all access equipment. Access equipment includes but is not limited to:

o card readers;

o boom gates;

o roller shutters .


P/lTt of Shared eos,. Lot 11 Lot 12 Lot 13 Lot 14 Lot1S

40% 09% 50% 01 % 00%

BLESSINGTON JUDD Strata Managernellt Sta1eDlent 09.00c

'" C'l

III 0> PI '-C'l C'l

.-i

.-i

"" o o

'" I

g-til I

C'l .-i

..., I-< PI '-

!§

!§ III ..., til '-m m m .-i I 0>

~ I

.-i C'l .. ::-£ '-

PI

(Xl

.-i m o

'" o o

PI til

U o Q '-E-i

'" U "" I-< o til

"''(Xl

.-i~ th: 0'4-1

8181

SPCDOQ l8 Page 35 of 38

6. COMMUNICATIONS

6.1 Lead in Cables, Main Distribution Frame, Distribution to Intermediate Distribution Frames for voice, TV, telephone, MATV and Pay TV

Location

Purpose

Maintenance

Acce:ss

Responsibility

Part 0' Shared Costs

Throughout Building

The junction box for the telephone services for each stratum to connect to the external network

Regular

24 hours required for maintenance and breakdown repairs



72% 01 % 26% 01 % 00%

PART 2 - SHARED COMMON AREAS

1 Main Circulation Driveways and Access Driveways in DeSignated Parking Areas

Location Throughout the car parks forming part of the Building

Purpose Access

Maintenance Periodic inspection

ACCBSII 24 hour



48% 10% 30 % 12% 00%

2. Arcade, Laneway and Walkways

Location Throughout Building

Purpose Access


BLESSINGTON JUDD Strata Management Suuemel1t 09,doc

SP(;OQI8 P_38of38

Acce .. 24 hour


Part of Shared eo.ts Lot 11 Lot 12 Lot 13 Lot 14 Lot1S

48% 10% 30 % 12% 00%

3. Fire Stairs


Purpose Access


ACceS6 24 hour


Part of Shared eo.ts Lot 11 Lot 12 Lot 13 Lot 14 Lot1S

48% 10% 30% 12 % 00%

4. Service Areas

Location Throughout Building

Purpose Access


Access 24 hour



48% 10% 30 % 12 % 00 %

5. Public Area Fitments and landscaping

LDcation Throughout Building

Purpose Access and beautification of public areas

BLESSINGTON JUDD Strala Management Statement 09 ,doc

'" C'l

III 0> PI '-C'l C'l

.-i

.-i

"" o o

'" I

g-til I

C'l .-i

..., I-< PI '-

!§ ':':: ,0

III ..., til '-m m m .-i I 0>

~ I

.-i C'l .. ::-£ '-

PI

(Xl

.-i m o

'" o o

PI til

u o Q '-E-t

'" U "" I-< o til

"''(Xl

.-i~ th: 0'4-1

8181

SP00giB

Maintenance Periodic inspections

Access 24 hour


Parl 0' Shared Costs Lot 11 Lot 12 Lot 13

48% 10% 30%

SCHEDULE B

Centre Managers Fees

Lot 11 Lot 12 Lot 13 Lot 14

15 % 06% 74% 06%

Audit Fees


20% 20% 40% 20%

Management Fees


20% 20% 40 % 20%

Insurance Premiums


20% 2oolo 40% 20%

BI.ESSINGTON JUDD

Page 37 0138

Lot 14 Lot 15

12% 00%

Lot15

00%

Lot15

00%

Lot15

00%

Lot 15

00%

Smua Management StalemaJl (l9.doc

sp Go9/8 Page 38 0138

THE COMMON SEAL of ITALIAN FORUM ) LIMITED was affixed pursuant to the authority ) of its directors: )

THE COMMON SEAL of CHASE (NO 1) PROPERTY INVESTMENTS PTY LIMITED was affixed in the presence of:-

~~ \

fL'~

THE COMMON SEAL of

was affixed in the presence of:-

THE COMMON SEAL of

was affixed in the presence of:

f

) ) ) ) )

Chase (No 1)

» Property Investments

Pty LImited ) ACN 068 382 427 ) j)ea\ ) .. ~~..... .. ................ . ~------------c~ . XC's' .:.-TI9" 4 . ,.-,?.~, ) -L r~N4e.o .

) ... ~.~ .. & .. ~~1 .. ~...... ,-~Q!IIED SEA.LED AND DELIVERED_c'~< )

) ) ) ) ) ) ) )

) ) ) ) ) ) ) )

For and on behalf of .~ .... - ) STGEORGE BANK LIMITED .,' ) (A.C.N. 055 513 070) by its ... ';c,.. ) at:.orneys under power of - :;,,-~';O:~- ;.;:~-~~t:_ ) attorney registered No. 125 /;.l;c"""li··~ ) Book41S2 ~~ .• ?

ATIORNEY _ Da\,H'; \1:l1c~r:: \1atheson ,.]; \')ar;ageT

ATIORNEY Print Name: ••••. Position Held:.

~ - Ifen Sue

Credit Analyst CO!l1rotrcial "--_. Divisioo _ ......... ::;> . 'VI"-"Y

"-~ WITNESS, ~ } ' Print Name: PD~ (2-AT t-JoUVI \~0 I ",.q-

d-\ (~.:t C'-~t:<.&(. ~t'28C5 S':<~CLy,

/

./ ~ ~ tS',,;~ ~.~\ ~'~~:'i';~'i'''~:';:;;''''~'\ ",\ i v ere d h;,( c.J ) l

Lc!",d L.c":.>C 1·'~(.;y"(·Y.) I)"'J l-',·n.fed

.~:';'l .. ":t.? ... ~~::'~:'~:.:.:; .... t:).~:~:-:'~~~:; +"W VO'-<.le-:Df A\to,(\e~) r)..-<... I\. 244 N~ .... ".u- 3~4-

\ " the. P (l2 oc (\ (c. d lit -Irk; <A '\ eel e::,<: o.

~.

I REGISTERED if!) € :2.7.8. /999 I BLESSINGTON JUDD Strata :vIanagement Statemt:llt 09.doc

Download - Norton Street, Leichhardt STRATA MANAGEMENT STATEMENT€¦ · STRATA MANAGEMENT STATEMENT BLESSINGTON JUDD BLESSINGTON • JUDD Solicitors & Notaries Level 9 KPMG Centre 45 Clarence

Top Related