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    SP60918

    The Italian Forum Complex

    Norton Street, Leichhardt

    Page 1 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: city@blessingtonjudd.com Ref:IIBJ_NWlDATAIHOMEIFLAlltalian ForumlStrata Management Statement 09.doc

    Su-a13 Management Statement 09 doc

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    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.;

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    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

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    "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 Str

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