strata plan 62661€¦ · strata schemes management act 199 real property act 1900 ' (a)...

STRATA PLAN 62661

REGISTERED DEALING SUMMARY SHEET

Attention is directed to the strata scheme by-laws filed with the plan.

Attention is directed to the strata management statement filed with SP62661

DEALINGNO.

BY LAW NO. DATE OFMEETING

DESCRIPTION

8024388 2.5 to 2.7 21 July 2001 Awning – Lots 37, 38 & 39

9080222 Amend 10.1 to 10.4Amend 11.1 to 11.4

15 Nov 2001 Window CoveringsConstruction By-law

AA425384 Amendment to Strata ManagementStatement

AB518786 2.8 to 2.16

2.17 to 2.24

2.25 to 2.32

2.33 to 2.41

8 Nov 2004 Partial enclosures to BalconiesLots 5, 8, 9, 12, 13, 16, 17, 20, 21, 24,25, 28,29, 32, 33 & 36.Northern Wintergarden Enclosures toBalconies of Lots 37 & 39Southern Wintergarden enclosure to Balconyof Lot 38Bi-Fold doors installation to Balconies Lots 5,8, 9,12,13,16,17,20, 21 24, 25, 28, 29, 32, 33& 36

AD591673 Repeal 2.33 to 2.41Add 2.33Special 1

9 Aug 2007 2.33 Installation of sliding doors1 – Works

AD591672 Special 2Special 3

29 Sept 2007 2 – Sliding door works3 – Compliance with use & occupancy

AF285687 Special 4 23 Nov 2009 Works Lot 38

AF880405 Special 5 30 Aug 2010 Installation of glazed screen on level 13terrace of lot 43

AG539526 Special 6 29 Aug 2011 Roof garden area adjacent to unit 101

" " "'-,"'-"';-;';;',".-'.,,,'-

Req:RD693302 /Doc:DL 8024388

Ref:G~~~~661~~~JJ~~ . Licence: 10v/0779197

Edition: 9907

/Rev:17-0ct-2001 /Sts:SC.OK /Prt:Ol-Dec-2003

CHANGE OF BY·LAWS New South Wales .

Strata Schemes Management Act 199 Real Property Act 1900 '

(A) TORRENS TITLE For the cO~5'l'Im~OO'NTIFIER CP I SP62661

'rlllllm~1 8024388H

(B) LODGE.DBY LTOBox Name, Address ~tMIt1j§~~jI!~TY SERVICES PTY LTD DX 11643

CODE

SYDNEY DOWNTOWN PH: (02) 9267 6334

Reference (optional): CB (C) The Owners-Strata Plan No 62661 certify that pursuant to a resolution passed on 21 July200t

and in accordance with the provisions of-

'(D) • section;4 of the Comliltmir, Land: hisflagemeRflJ:et 1989 ·-_··.;:-··seefio!i· ... , ... --.~ .. ". ----

section

o.cIer We 47

. . . ef"ll\e'S!flila Seaeme-s"(¥Feeaetd ];)e1('e~!fl'ienlm-'"

of the Strata Schemes Management Act 1996

gf the £t.:ita £~h_s • ajaQiG:itGf

6fdefNa

the by-laws are changed as follows

(E) RepealeEllJy la'll No

Added by-law No 2.5,2,6 & 2,7

AtUe.Irtieti by law We

as fully set out below,

SPECIAL BY-LAW NUMBER 2,5,2.6 & 2,7

(See Annexure)

(F) The common seal of the Owners-Strata Plan No

wasaffi" .. 'ed on:120 epternber 2001

Signature(s):

of witness

Name(s): C-I-IA.I LV i"A

62661

Signed by Dynamic Property Services Pty Ltd (ABN 67 002 006 760) by its attorney LISA BRANSON duly .

• appointed by Power of Attorney dated 30 July 1999 and who hereby states she has not r~ceived any notice of the revocation of 5 ch Power of Attorney, (Registered Book 4252 ' 6

in the presence otrrNAMIC PROPERTY SERVICES PTY LTD

being the person(s) authorised by section 238 of the Strata Schemes Management Act 1996 to attest the affixing of the seal.

(G) COUNCILS CERTIFICATE UNDER SECTION 56(4) OFTHESTRATA SCHEMES'MANAGEMENT'ACT'1996

I certify that

Signature.of authorised officer:

All handwriting must be in block capitals, A set of notes on this form (97-15CB-2) is available from the Land Titles Office,

Council has approved the change of by-laws set out hetein,

Page 1 of ~ Checked by (LTO use): ~ ~~

, ,- . -,,- ',Y ','" , . , '. "_, "

Req:RD693302 /Doc:DL 8024388 /Rev:17-0ct-2001 /Sts:SC.OK /Prt:01-Dec-2003 16:21 /Pgs:2 Ref:GR/SP62661 /Src:T

'--::'- . , -i

STRATA PLAN 62661

ANNEXURE

ADDITIONAL BY-LAW: Additional By Law - Awning Lots 37, 38 and 39 Existing by-law:

2.2 Except with the prior written approval of the Owners Corporation an Owner or Occupier must not mark, paint, drive nails or screws or the like into, or. otherwise damage or deface, any structure that forms part of the Common Property. .

2.3 An approval given by the Owners Corporation under this by-law cannot authorise any additions to the Common Property.

SPECIALLY RESOLVED that the Owners - Strata Plan No 62661, pursuant to Section 47 of the Strata Schemes Management Act 1996, make an additional by law in the following terms:

2.5 Neither by-law 2.2 nor by-law 2.3 prevents an Owner or Occupier from installing a retractable awning to Common Property, being Common Property comprising the northern balconies of Lots 37, 38 and 39.

2.6 Any such retractable awning must be installed in a competent and proper manner and its speCification and installation must comply with the relevant Architectural Standard in relation to the Strata Scheme prescribed by the Owners . Corporation.

2.7 Despite section 62, the Owner or Occupier of a Lot to which by-law 2.5 applies must maintain and keep in a state of good and serviceable repair any retractable awning that forms part of the Common Property and that services the Lot.

The Common Seal of the Owners Strata Plan 62661 was hereunto affixed on 20 September 2001 in the presence of Dynamic Property Services Pty Ltd being the person(s) authorised by Section 238 of the Strata Schemes Management Act, 1996 to attest the affixing of the seal.

Signed by Dynamic Property Services Pty Ltd (ABN 67 002 006 760) by its attorney Lisa Branson duly appointed by Power of Attorney dated 30 July 1999 and who hereby states that she has not received any notice of the revocation of such Power of Attorney. (Registered Book 4252 Number 966)

Page 2 of2

Req:RD693308 /Doc:DL 9080222 Ref:GR/SP62661 /Src:T~

~ Licence: IOV/0779/97 Edition: 9907

/Rev:04-Nov-2002 /Sts:NO.OK /Prt:Ol-Dec-2003

CHANGE OF BY·LA' New South Wales

Strata Schemes Management Acf Real Property Act 1900

9080222C (A) TORRENS TITLE For the COimnon property

FOLIO INDENTIFIER CP I SP 62661

(B) LODGED BY LTOBox Name, Address or DX and Telephone DYNAMIC PROPERTY SERVICES PTY LTD DX 11643 SYDNEY DOWNTOWN

Reference (optional): PH: (02) 9267 6334

III II

CODE

CB (C) The Owners-Strata Plan No 62661 certify that pursuant to a resolution passed on 15 November 2001

and in accordance with the provisions of-

(D) • section 54 of the Community Land t9:£anagcment Act 1989

seetieH

• section 47

. 9IGer ]).Ig

Grger ]).IG

the by-laws are changed as follows-

(E) Repealed by la', .. No

Atkled Ill' law ~ffl

efthe S!£ata Sehemes (l'reeheld Deve!opmeHI) Act 1973

of the Strata Schemes Management Act 1996

gflM St.ala Sehemes 1,Eijnaiea!or

GflM Strata Sehem@s Ilga.d

Amended by-law No 10.1; 10.2; 10.3; 10.4; 11.1; 11.2; 11.3; 11.4

as fully set out below.

SEE ANNEXURE

Signed by Dynamic Property Services Ply Ltd (ABN 67 002 006 760) by its attorney LISA BRANSON duly appointed by Power of Attorney dated 30 July 1996 and. who hereby states she has not received any notice of the revocation of such Po r of Attorney. (Registered Book 4252 No. 966)

(F) The common seal of the Owners-Strata Plan No 62661

was affixed on 16 October 2002

Signatnre(s): /-1, R,tNC<:.A',

of witness

in the presence of- DYNAMIC PROPERTY SERVICES PTY LTD

Name(s): I!I"-\..\ssl\ -\b"!<.,Kc' \ 6.)1'1(. 2 LLJ(l::, \\02. Gp0L&:JW, 5\ 6,-([),.Jl:..'1

being the person(s) authorised by section 238 of the Strata Schemes Management Act 1996 to attest the affixing of the seal.

(G) COUNCILS CERTIFICATE UNDER SECTION 56(4) OF THE STRATA SCHEMES MANAGEMENT ACT 1996

I certify that

Siglliilure of authorised officer:

All hand\\tTiting must be in biock capitals. A set of notes on this form (97-15CB-2) is available from the Land Titles Office.

Council has approved the change of by-laws set out herein.

Page 1 of ...2> Checked by (LTO use):

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STRATA PLAN 62661

ANNEXURE

WINDOW COVERINGS:

Remove the words

RESOLVED that the Owners of Strata Plan 62661 make amendments to the by-laws as follows:

"10.2 ... no darker than the window frame."

Additional point added as follows: "10.4 This by-law will take effect from the 5 November 2001. Window coverings currently in place will be exempt from this by-law."

SPECIALLY RESOLVED that the Owners of Strata Plan 62661 make an amendment to the ByLaws registered with Strata Plan 62661 in the following terms:

1 0.1 It shall be an offence against these by-laws to install or continue to have in place any window treatment or covering in east, south or west facing windows, including such windows abutting balconies, which does not have a light grey backing or is made of light grey fabric.

1 0.2 "Light grey" means a neutral colour.

1 0.3 It shall be an offence against these by-laws to install or continue to have in place any window covering in any north facing exterior window on levels 1 through 6 inclusive other than light grey to beige coloured mesh blinds commonly known as "Silent Gliss" or "Roll Screen" blinds.

1 0.4 This by-law will take effect from the 5 November 2001. Window coverings currently in place will be exempt from this by-law.

CONSTRUCTION BY-LAW:

Remove the words:

"11.3 (a) ... in an emergency"

RESOLVED that the following amendment be accepted:

SPECIALLY RESOLVED that the Owners of Strata Plan 62661 make an amendment to the ByLaws registered with Strata Plan 62661 in the following terms:

11.1 Any Owner who proposes to have Significant Construction Work carried out on their Lot shall provide at least 30 days notice in writing to the Executive committee of that proposed work prior to the work commencing.

11.2 "Significant Construction Work" means any work which is likely to cause disruption to other owners or occupiers of the Building; which involves changes or additions to the larger fixtures within the Lot (such as cupboards, benches, doors and floors); or which involves changing or modifying the configuration of the Lot.

11.3 The following conditions shall apply to the Significant Construction Work:

Page 2 of 3

Req:RD693308 /Doc:DL 9080222 /Rev:04-Nov-2002 /Sts:NO.OK /Prt:01-Dec-2003 16:22 /Pgs:3 Ref:GR/SP62661 /Src:T

(a) Any construction work that can be heard outside the Lot may not be carried out before 8.00am or after 4.00pm on weekdays and no construction work shall be carried out on weekends or public holidays. At his or her sole discretion, the Chairman or Secretary of the Executive Committee may authorise construction work to be undertaken outside these hours, provided that 24 hours prior notice of such works being done at these hours is given to the Chairman or Secretary who shall notify the Executive Committee.

(b) All building rubble and rubbish shall be removed from the Lot in sealed containers.

(c) The Owner shall be responsible for ensuring that the lifts and other Common Property through which any building rubble, equipment or materials are likely to be carried are kept clean and clear of such rubble, equipment or materials on a daily basis

(d) No construction work or preparation for the construction work shall be carried out on any Lot until 30 days have elapsed from the time written notice of the proposed work has been given to the Executive Committee.

( e) A bond, the amount of which shall be determined by the Executive Committee, shall be lodged with the Strata Manager prior to and for the period of the construction work.

(f) The interest accrued to such an account shall be applied to the benefit of the Owner.

(g) The Owner may apply to the Strata Manager for the payment of the bond 30 days after the Executive Committee has been notified in writing by the Owner that construction work has been completed. The Executive Committee shall determine whether the bond or any part of it shall be applied to the repair or reparation of any damage caused to the Common Property of the Building during the course of the construction work and shall advise the Strata Manager as to what portion of the bond should be paid to the Owner. In the event of any dispute as to whether such bond or part thereof shall be so applied, the matter shall be at the absolute discretion of the Executive Committee.

11.4 It shall be an offence against these by-laws to commence or continue any Significant Construction Work:

(a) In breach of any of the conditions mentioned in 16.3 of this by-law or any specific condition attached to the Executive Committee's approval where such approval is required; or

(b) Prior to the granting of any approval granted by the Executive Committee.

The Common Seal of the Owners Strata Plan 62661 was hereunto affixed on 16 October 2002 in the presence of Dynamic Property Services pty Ltd being the person(s) authorised by Section 238 of the Strata Schemes Management Act, 1996 to attest the affixing of the seal.

Signed by Dynamic Property Services pty Ltd (ABN 67 002 006 760) by its attorney Lisa Branson duly appointed by Power of Attorney dated 30 July 1999 and who hereby states that she has not received any notice of the revocation of such Power of Attorney. (Registered Book 4252 Number 966)

Page 3 of3

Req:RD947603 /Doc:DL AA425384 Ref:MJM /Src:T

Form: Licence:

/Rev:12-Aug-2004 /Sts:SC.OK /Prt:17-Aug-2004

II REQUEST 161 ~llllllr~lli

Edition:

llR 98M1ll 0008 New South Wales

Real Properly Act 1900 ~AAA_~53_M~F~

(A) STAMP DUTY

(B) LAND

(C) REGISTERED DEALING

(D) LODGED BY

(E) APPLICANT

(F) NATURE OF REQUEST

(G) TEXT OF REQUEST

DATE

PRIVACY NOTE: this information is legally required and will become part of the public record

If applicable. Office of State Revenue use only

Torrens Title CP/SP 62661; CP/SP 63595; 23/270216¢

I Torrens Title

Delivery Name, Address or DX and Telephone CODE Box Dynamic Property Services Ply Ltd

lhf DX 11643 SYDNEY DOWNTOWN Ph: (02l9267 6334 Fax: (02) 9267 6337

Reference (optional :

Elizabeth & Associates Ply Limited The Owners Corporation SP 62661 & The Owners Corporation SP 63595

Amendments and additions to the Strata Management Statement.

SEE ATIACHED ANNEXURE A

\~ / 02- / w,4-dd mm yyyy

(H) I certifY that the applicant, with whom I am personally acquainted or as to whose identity I am othenvise satisfied, signed this application in my presence.

Certified correct for the purposes of the Real Property Act 1900 by the applicant.

Signature of witness:

Name of witness:

Address of witness:

~ PR,bQ If1-S P ~~\'L\ en

All handwriting must be in block capitals.

SEE ATIACHED ANNEXURE B

Page 1 of .l

Signature of applicant:

A set of notes on this form (11R-2) is available from Land and Property Information NSW.

I

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BUILDING MANAGEMENT COMMITTEE - JACKSONS LANDING

ANNEXURE A

Additions to Schedule 1 AMENDMENT TO THE MOTION - RESOLVED that the allocation of shared costs be re defined as per the report prepared Napier & Blakeley dated 26th October 2001 (GROSS FLOOR AREA) as follows:

Elizabeth SP 62661 Elizabeth Commercial Rum Store SP 63595

=80% = 5% =15%

84% NIL 16%

94% 6% NIL

UNANIMOUSLY RESOLVED that the Building Management Committee add the following items to the Strata Management Statement division of costs for shared facilities as per item 5.6 & 5.7 of the Strata Management Statement and that these changes be registered at the Land & Property Information Office.

Shared Facility Location Within Purpose Maintenan Elizabet Elizabet Rum Store Basis ce h h of

The Building 62661 Cammer 63595 Calcu cial lation

Fire Shutter Roller Within loading dock As required leading into carpark under Engineers Store

Pest Control Within loading dock As required 53.00% 39.00% 8.00% Usag e

and car park

Cleaning As required 80.00% 5.00% 15.00% GFA Electricity usage Shared areas As required 80.00% 5.00% 15.00% GFA Accounting & Audit Production of Accounts As required 80.00% 5.00% 15.00% GFA

audit of same

Taxation Prep & Lodgement of As required 80.00% 5.00% 15.00% GFA Tax returns, obtain ABN Prep & Lodgement of BAS forms

Management Provide Strata Mgnt As required 80.00% 5.00% 15.00% GFA Provide Estate Mgnt

Service Contractor Arrange & Manage As required 80.00% 5.00% 15.00% GFA R&M Statutory obligation re Essential Service, OH&S etc

Legal Fees Advise to Members & As required 80.00% 5.00% 15.00% GFA their representatives

Valuation/Experts Insurance & Sinking As required 80.00% 5.00% 15.00% GFA Fund report, OH&S & Compliance Audits

Insurance As perSMS As required 80.00% 5.00% 15.00% GFA Garage Door & LevelB1 Security for car park Maintenan 84.00% NIL 16.00% Usag

ce, repairs e Boom Gate &

replaceme nt

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Ref,MJM /Srd FI LM WI T\4 AA,+2r::;~ <6 <f-

Amendments to the facility % - to Schedule 1

AMENDMENT TO THE MOTION - RESOLVED that the allocation of shared costs be re defined as per the report prepared Napier & Blakeley dated 26 th October 2001 (GROSS FLOOR AREA) as follows:

Elizabeth SP 62661 Elizabeth Commercial Rum Store SP 63595

=80% = 5% =15%

84% NIL 16%

94% 6% NIL

UNANIMOUSLY RESOLVED that the Building Management Committee amend the shared registered facility percentages currently in force, as per item 5.5 & 5.7 of the Strata Management Statement, for the following items;

The Building

Sprinkler Pipes Throughout entire

(a) Car Park Buildings

(b) Dock

Hydrant Pumps Rool 01 the Elizabeth Building

Hydrant Pipes Run vertically &

horizontally from tank and pump through

Ise,corldary pressure I boosting to sprinkler

isy:,telm during fire

Convey water through

the system to the

sprinkler heads

Convey water through

the system to the sprinkler hydrants &

hose reels Provides water for fire

fighting purposes

yearly clean out

yearly clean out

I & 3 yearly

As determined from time to time

Weekly, quarterly,

yearly & 3 yearly in accordance with part 4 AS 1851

Weekly, quarterly, yearly & 3 yearly

in accordance with

th 62661

80.00%

94.00%

80.00%

01

5.00% 15.00% GFA

6.00% NIL GFA

5.00% 15.00% GFA

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/Rev:12-Aug-2004 /Sts:SC.OK /Prt:17-Aug-2004 16:02 /Pgs:9

FILt-'\ 'IN nH

with

the Buildings part 4 AS 1851

Hydrant Valves Within fire stairs of Hydrant - for fire Monthly 80.00% 5.00% car park, and landscaping

brigade use during fire inspections fighting

Hose Reels Adjacent to fire For fire fighting by 6 monthly 80.00% 5.00% stairs within 4m of egress occupants inspections

Emergency & Exit Carpark Lighting to egress Inspections & 80.00% 5.00% Lighting levels & plant rooms routes in event of testing every 6

failure of normal power supply months.

Replacement of batteries & lamps as recommended by AS2293

Emergency Fire control room in To initiate a sequenced Monthly, Half 80.00% 5.00% yearly

warning and Level 1 of the automated evacuation as recommended Elizabeth

Intercommunicatio Building and procedure during fire by AS2293 n through System Buildings alarm

Fire Alarm Fire indicator panel To receive & display all Monthly & half 80.00% 5.00% -

Monitoring fire control room in fire alarms, & initiate yearly in Level 1 of the brigade call out, 1668 accordance with Elizabeth Building automatic fan operation AS1851 and

AS1670 & evacuation system

AS1668 Controls Fire control room - To provide the fire Monthly & half 80.00% 5.00% Level 1 brigade a facility to yearly in of the Elizabeth override the automatic accordance with Building fan operation for smoke AS1851

control

Subsoil Pumps Loading dock area - Pump out underground Quarterly 80.00% 5.00% Level B2 Basement seepage water of the Elizabeth Building

Sewer Pumps Carpark B2 and Pump out sewer Quarterly 80.00% 5.00% & Pits Loading dock area - discharge to Sydney

Water's sewer main Kitchen Exhaust Ground floor to To extract kitchen When required Nil 100.00

Plant % Riser room fumes on ground floor Grease Trap Loading Dock Traps grease Monthly Nil 100.00

% General purpose Loading Dock Traps dirt & grease Monthly 80.00% 5.00% pit

Car Wash Bay Carpark B2 of the Traps dirt & grease Monthly 94.00% 6.00%

Pit& Pump Elizabeth Building

Sewerage Pipes Throughout To drainage sanitary When required 80.00% 5.00% Buildings

fixtures

Downpipes & Throughout Drains rainwater from When required 80.00% 5.00% Buildings

storm water lines Buildings

15.00% GFA

15.00% GFA

15.00% GFA

15.00% GFA

15.00% GFA

15.00% GFA

15.00% GFA

15.00% GFA

NIL Usag e

Nil Usag e

15.00% GFA

Nil Usag e

15.00% GFA

15.00% GFA

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WITH

Gas Supply Line From main to Supply gas to individual When required 80.00% 5.00% 15.00% GFA meters

stratum gas meter -to the boundary of the

Lot

FCR Supply Fan Fire control room Supply fresh air to Regular 80.00% 5.00% 15.00% GFA Level 1 ceiling prevent ingress of maintenance

during smoke business hours

External lighting Electricity for Provide lighting for Monthly visual 80.00% 5.00% 15.00% GFA perimeter lighting of the pedestrian and inspection. footpath & landscape lighting vehicular traffic in/out of Replacement of is provided from the the Buildings lamps if required. house services section of the distribution board

Main Distribution Basement Level B2 Central pOint for Nil, except to keep 80.00% 5.00% 15.00% GFA Frame of the Elizabeth distribution of room clean

telephone Building cabling

Main Switchboard Basement Level B2 Main Switchboard Monthly visual 80.00% 5.00% 15.00% GFA of the Elizabeth annual detailed Building inspection

Car park & dock Throughout the Ventilation of the car Annual 80.00% 5.00% 15.00% GFA carpark Maintenance

ventilation and dock of the parks & dock Buildings

Car park & dock Throughout the car Lighting of the car Annual 80.00% 5.00% 15.00% GFA park Maintenance

lighting & dock of the parks & dock Building

Security system Throughout the To ensure safety of Remote 80.00% 5.00% 15.00% GFA monitoring

(including CC TV, Buildings the Members 24 hours a day by alarm, boom gates security company and card keys

Sprinkler control Sprinkler valve Testing in 80.00% 5.00% 15.00% GFA room -

valves Basement Level B1 accordance with of the Elizabeth AS1851 Building

MA TV (aerial, Throughout the To provide centralised As required 80.00% 5.00% 15.00% GFA lines, amplifiers) Buildings TV signal

Landscaping & Plaza Courtyard To provide irrigation As required 94.00% 6.00% NIL Usag e

irrigation water to landscaping

Cold Water Meter At boundary Sydney Water metering As required 80.00% 5.00% 15.00% GFA

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ANNEXURE B

Amendment and additions to Strata Management Statement

The Common Seal of the Owners Strata Plan 63595 was hereunto affixed on 16 February 2004 in the presence of Dynamic Property Services Pty Ltd being the person(s) authorised by Section 238 of the Strata Schemes Management Act, 1996 to attest the affixing of the seal.

Signed by Dynamic Property Services pty Ltd (ABN 67 002 006 760) by its attorney Lisa Branson duly appointed by Power of Attorney dated 30 July 1999 and who hereby states that she has not received any &'(;.--' notice of the revocation of such Power of Attorney. (Registered Book 4252 Number 966)

Signature of Witness: .-r/ ~. Name of Witness: Mary Mc'Aviney Address of Witness: Suite 2 Level 5162 Goulburn St, Sydney NSW 2010

The Common Seal of the Owners Strata Plan 62661 was hereunto affixed on 16 February 2004 in the presence of Dynamic Property Services Pty Ltd being the person(s) authorised by Section 238 of the Strata Schemes Management Act, 1996 to attest the affixing of the seal.

Signed by Dynamic Property Services pty Ltd (ABN 67 002 006 760) by its attorney Lisa Branson duly appointed by Power of Attorney dated 30 July 1999 and who hereby states that she has not received any .A~+-notice of the revocation of such Power of Attorney. (Registered Book 4252 Number 966)

Signature of Witness: Name of Witness: ary ney Address of Witness: Suite 2 Level 5162 Goulburn St, Sydney NSW 2010

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ANNEXURE B

Amendment and additions to Strata Management Statl\lln',1)f

Signed on behalf of ELIZABETH &

:~lt7h'TED

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• (1) Here insert name, address and occupation of person making the declaration.

--(2) Here insert matter _ declared to. Where the matter is long, add the words "as follows:" and then set the matter out in numbered paragrnpbs.

(3) Signature of person making the declaration.

(4) Signature of person before whom the declaration is made.

(5) Here insert tide of person before whom the declaration is made.

\N I T\-\

AUSTRALIA

STATUTORY DECLARATION

I (I) , do solem~ly and sincerely declare(2)

That I am a Director of Elizabeth & Associates Pty Ltd and that I am entitled to sign on behalf of the company. Further, I have authority to execute the documentation to permit the variations to the Strata Management Statement as stated in the documentation lodged.

I make this solemn declaration by virtne of the Statutory Declarations Act 1959 as amended and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

(3) .tI, J li'iHJIJ i<.,:jo~ ...... 0. ................................................... .

Declared at~ ri<) ('. 0 d on Lo+l':::;~ -:ZeOli-'

(J"efore me~/ /. _. . / (4) y~/~~~ ............................................... ' ............. . (5)7 .. 'f} ... ~&.P:~i.;g4.·fA0:dL.,

NOTE 1.-A person who WIllfully makes a false statement in a statutory declaration under the Statutory Declarations Act ]959 as amended is guilty of an offence againstthat Act, the punishment for which is a fine not exceeding $200 or imprisonment for a tenn not exceeding six months or both if the offence is prosecuted summarily, or imprisonment for a tenn not exceeding four years if the offence is prosecuted upon indictment.

NOTE 2.-A statutory declaration under the Statutory Declarations Act 1959 as amended. may be made only before a Chief, Police, Resident or Special Magistrate; Stipendiary Magistrate or any Magistrate in respect of whose office an annual salary is payable; a Justice of the Peace; a person authorised under any law in force in Australia or its TelTit~ries·to take affidavits; a person appointed. under the Statutory Declarations Act 1959 as amended or under a State Act'to be a Commissioner for Declarations; a person appointed. as a Commissioner for Declarations under the Statutory Declarations Act 1911, or under that Act as amended, and holding office immediately before the commencement of the Statutory Declarations Act 1959; a Notary Public; a person before whom a statutory declaration may be made under the law ofthe State in which a declaration is made; or a person appointed to hold, or act in, the office in a country or place outside Australia of Australian Consul-GeneraJ, Consul, Vice-ConsuL Trade Commissioner, Consular Agent, Ambassador, High Commissioner, Minister, Head of Mission. Commisioner, Charge d'Affaires, or Counsellor, Secretary or Attache at an Embassy, High Commissioner's office, Legation or other post

~:i~~4;~~~:~DOC:DL AA425384 /Rev:12-Aug-2004 /Sts:SC.OK /Prt:17-Aug-2004 16:02 /Pgs:9

FIl-M

• Annexure B

Amendment and additions to the Strata Management Statement

Signed on behalf of ELIZABETH & ASSOCIATED PTY LIMITED

Date ........ ~?.~~.~~ .. ~?.t: ... .

.................................................. Secretary/Authorised person

Req:R647373 /Doc:DL AB518786 /Rev:03-Jun-2005 /Sts:NO.OK /Prt:03-Jun-2005 16:07 /Pgs:ALL /Seq:1 of 8 Ref:LD /Src:T

Fonn: 15CB Release: 1.1 'NWW.lpi.nsw.gov.au

CHANGE OF BY·LAWS

New South Wales AB518786R Strata Schemes Management Act 1990-----_____ _

Real Property Act 1900

PRIVACY NOTE: this information is legally required and will become part of the public record (A) TORRENS TITLE For the common property

FOLIO INDENTIFIER CP/SP62661

(B) LODGED BY Delivery Name, Address or DX and Telephone CODE Box DYNAMIC PROPERTY SERVICES PTY L TO

DX 11643 SYDNEY DOWNTOWN

CB ....... _ .. " ..• PH: (02) 9267 6334 Reference (optional): _____ , ____

0- •• •• •• ••• •• "'" •••• • . .•.••...... _." .

(C) The Owners-Strata Plan No 62661 certify that pursuant to a resolution passed on 8 November 2004

and in accordance with the provisions of Section 47 of the Strata Schemes Management Act 1996 (D)

the by-laws are changed as follows-

(E) ~Balsg by Iaw,CNo

Added by-law N&:

imenaea sy hl'P bIo

as fully set out below.

By-law 2.8 to 2.41 (Inclusive)

SEE ANNEXURE

Special By-law number 2.8 to 2.41 (Inclusive)

(F) The common seal of the Owners-Strata Plan No , 62661 was affixed on

23 May 2005 in the presence of-

Signature(s):

\::-' 2< ~

Signed by Dynamic Property Services Ply Ltd (ABN 67 002 006 760) by its attorney LISA BRANSON duly appointed by Power of Attorney dated 4 May 2005 and who hereby states she has not received any notice of the revocation of such Power Attorney. (Registered Book 4457 Number 484)

DYNAMIC PROPERTY SERVICES PTY LTD

of witness Name(s): Lousia Dang, Level 5, 162 Goulburn St, Sydney NSW 2010

being the person(s) authorised by section 238 of the Strata Schemes Management Act 1996 to attest the affIxing of the seal.

(G) COUNCILS CERTIFICATE UNDER SECTION 56(4) OF THE STRATA SCHEMES MANAGEMENT ACT 1996

I certify that , __ • ___ •• _ ... _._.' __________ •. _____ . ___ has approved the change of by-laws set out

herein.

Signature of authorised officer:

Name and position of authorised officer:

All handwriting !TIust be inblock capitals. Page 1 of _8_ LAND AND PROPERTY INFORMATION NSW

II

eq:R647373 /Doc:DL AB518786 /Rev:03-Jun-2005 /Sts:NO.OK /Prt:03-Jun-2005 16:07 /Pgs:ALL /Seq:2 of 8 ef:LD /Src:T

STRATA PLAN 62661

ANNEXURE

SPECIALLY RESOLVED that the Owners - Strata Plan No.62661, pursuant to Section 47 of the Strata Schemes Management Act 1996, make additional by laws in the following terms:

ADDITIONAL By-LAWS: PARTIAL ENCLOSURES To BALCONIES LOTS 5,8,9,12,13, 16,17.20.21.24,25.28.29.32.33 & 36.

Additional by-law 2.8 Neither by-law 2.2 nor by-law 2.3 prevents an Owner or Occupier from installing a partial enclosure to Common Property, being Common Property comprising the north eastern and north western balconies of Lots 5,8,9,12,13,16,17,20,21,24,25,28,29,32,33 and 36.

Additional by-law 2.9 Any such partial enclosure must be installed in a competent and proper manner at all times at the cost of the Owner and its specification and installation must comply with the relevant Architectural Standard in relation to the Strata Scheme prescribed by the Owners Corporation.

Additional by-law 2.10 Any such partial enclosure must be installed and comply with conditions of consent contained in Schedule 2 of Notice of Development Consent DA 41-02-04 which was granted consent by the Planning Assessment Manager of the Sydney Harbour Foreshore Authority as the delegate to the Minister for Infrastructure, Planning and Natural Resources on 24 February 2004 together with the conditions contained in Construction Certificate 804/00390 issued by the City of Sydney and dated 10 June 2004.

Additional by-law 2.11 Any such partial enclosure must be installed in accordance with the approved stamped plans and drawings prepared by Daryl Jackson Robin Dyke Pty. Ltd. Identified as 03 412 A01 Rev. A dated 08-05-03, 03412 A02 Rev. A dated 08-05-03,03412 A03 Rev. A dated 08-05-03 and 03 412 A04 Rev. A dated 08-05-03 together with drawings prepared by Cant Dibden Pty Ltd identified as 0348/DT01A, 0348/DT02A and 0348/DT03A all dated 5-11-03.

Additional by-law 2.12 Any such partial enclosure shall only be installed with the prior written approval of the Executive Committee of the Owners Corporation.

Additional by-law 2.13 Any such partial enclosure shall comprise a sash less window infill to both the southern and smaller eastern openings of the north eastern balcony and the southern and' smaller western openings of the north western balcony and no installation shall be permitted unless both openings are the subject of enclosure.

Additional by-law 2.14 Any such partial enclosure must be installed and comply with any conditions imposed by the Executive Committee of the Owners Corporation prior to any such installation relating to the requirements to have the installation of the enclosure undertaken by appropriately licensed tradespersons, levels of insurance coverage, bond payment if required an any such other conditions under which installation may be undertaken and any other matters which the Owners Corporation may consider appropriate.

Page 2 of 8


Additional by-law 2.15 Where there is an application for the installation of a partial enclosure, the Owner making such an application to the Executive Committee of the Owners Corporation will be required to provide a written undertaking to the Executive Committee of the Owners Corporation in respect of the method, time period during which the installation shall occur and any other matter which the Executive Committee of the Owners Corporation considers necessary.

Additional by-law 2.16 Despite section 62, the Owner or Occupier of a Lot to which by-law 2.8 and applies must maintain and keep in a state of good and serviceable repair any wintergarden that forms part of the Common Property and that services the Lot.

PROPOSED NEW ARCHITECTURAL STANDARDS:

RESOLVED that the Owners Corporation amend the Architectural Standard by the addition of the following:

Architectural Standard for Partial Balcony Enclosure

Description Removal of existing balustrade and handrail. Vertically sliding sash less glass window infills capable of manual operation of a style consistent with the northern wintergardens. The infills to the eastern and western openings shall comprise a double hung 3 pane system with the bottom pane fixed and with side aluminium covers fitted into an aluminium frame. The infills for the southern openings shall comprise a double hung 4 pane system with the top and bottom panes fixed with the centre panes counter-balanced and with side aluminium covers fitted into an aluminium frame.

Materials All materials to be new. All glass to be safety glass and to comply with AS.1288. Aluminium framing to be Capral 400 series Narrowline extruded sections 100x 40 (nom) to match eXisting window framing. Sash less window infills to be as manufactured by Aneeta Window Systems (Vic) Pty Ltd and to match those in the existing wintergardens in levels 2-7 of the building.

Colour The glass panels are to consist of clear laminated glass with a white translucent interlay film. All exposed aluminium components shall be finished in Dulux Olde Pewter gloss polyester powder coat.

Installation Installation shall be by appropriately licensed tradespersons and in accordance with any conditions imposed by the Executive Committee of Strata Plan No 62661 in respect of such installation.

SPECIALLY RESOLVED that the Owners - Strata Plan No.62661, pursuant to Section 47 of the Strata Schemes Management Act 1996, make additional by-laws in the following terms:

ADDITIONAL By-LAW: NORTHERN WINTERGARDEN ENCLOSURES To BALCONIES OF LOTS 37 AND 39.

Additional by-law 2.17 Neither by-law 2.2 nor by-law 2.3 prevents an Owner or Occupier from installing a wintergarden enclosure to Common Property, being Common Property comprising the northern balconies of Lots 37 and 39.

Page 3 of 8


Additional by-law 2.18 Any such wintergarden enclosure must be installed in a competent and proper manner at all times at the cost of the Owner and its specification and installation must comply with the relevant Architectural Standard in relation to the Strata Scheme prescribed by the Owners Corporation.

Additional by-law 2.19 Any such wintergarden enclosure must be installed and comply with conditions of consent contained in Schedule 2 of Notice of Development Consent DA 41-02-04 which was granted consent by the Planning Assessment Manager of the Sydney Harbour Foreshore Authority as the delegate to the Minister for Infrastructure, Planning and Natural Resources on 24 February 2004 together with the conditions contained in Construction Certificate B04/0039 issued by the City of Sydney and dated 10 June 2004.

Additional by-law 2.20 Any such wintergarden must be installed in accordance with the approved stamped plans and drawings prepared by Daryl Jackson Robin Dyke Pty. Ltd. Identified as 03 412 A01 Rev. A dated 08-05-03,03412 A02 Rev. A dated 08-05-03,03412 A03 Rev. A dated 08-05-03 and 03 412 A04 Rev. A dated 08-05-03 together with drawing prepared by WM Giles & Associates Pty Ltd identified as A-05 amendment A and dated April 04.

Additional by-law 2.21 Any such wintergarden shall only be installed with the prior written approval of the Executive Committee of the Owners Corporation.

Additional by-law 2.22 Any such wintergarden enclosure must be installed and comply with any conditions imposed by the Executive Committee of the Owners Corporation prior to any such installation relating to the requirements to have the installation of the wintergarden enclosure undertaken by appropriately licensed tradespersons, levels of insurance coverage, conditions under which installation may be undertaken and any other matters which the Owners Corporation may consider appropriate.

Additional by-law 2.23 Where there is an application for the installation of a wintergarden, the Owner making such an application to the Executive Committee of the Owners Corporation will be required to provide a written undertaking to the Executive Committee of the Owners Corporation in respect of the method, time period during which the installation shall occur and any other matter which the Executive Committee of the Owners Corporation considers necessary.

Additional by-law 2.24 Despite section 62, the Owner or Occupier of a Lot to which by-law 2.17 applies must maintain and keep in a state of good and serviceable repair any wintergarden that forms part of the Common Property and that services the Lot.



Architectural Standard for Northern Wintergardens

Description Glazed aluminium screens to three sides contained beneath the overhead balcony and consisting of fixed glass panels, vertically sliding sash less windows, frameless glass folding door system in overhead track, and framed hinged door, all with manual operation. The framing contains a chair rail that is to match the height of the existing chair rail and a fascia to match in height the existing hamper. The frameless glass folding doors are to extend the full width between existing columns.

Page 4 of 8


Materials All materials to be new. All glass to be safety glass and to comply with AS.1288. Aluminium framing to be Capral 400 series Narrowline extruded sections 100x 40 (nom) to match existing window framing. Sash less window infills to be as manufactured by Aneeta Window Systems (Vic) Pty Ltd and generally to match those in the existing wintergardens in levels 2-7 of the building. The frameless glass folding doors are to be Lotus Glas-Stax, Dorma or similar. Fascia panel to be 9mmm thick CFC panel, fixed to both sides and flush jointed.

Colour All glass to be clear glass. All exposed aluminium components shall be finished in Dulux Olde Pewter gloss polyester powder coat. Fascia panel to be painted with 100% acrylic paint in colour to match existing hamper.

Installation Installation shall be by appropriately licensed tradespersons and in .accordance with any conditions imposed by the Executive Committee of Strata Plan No 62661 in respect of such installation.

SPECIALLY RESOLVED that the Owners - Strata Plan NO.62661, pursuant to Section 47 of the Strata Schemes Management Act 1996, make additional by-laws in the following terms:

ADDITIONAL By-LAW: SOUTHERN WINTERGARDEN ENCLOSURE To BALCONY OF LOT 38.

Additional by-law 2.25 Neither by-law 2.2 nor by-law 2.3 prevents an Owner or Occupier from installing a wintergarden enclosure to Common Property, being Common Property comprising the southern balcony of Lot 38.

Additional by-law 2.26 Any such wintergarden enclosure must be installed in a competent and proper manner at all times at the cost of the Owner and its specification and installation must comply with the relevant Architectural Standard in relation to the Strata Scheme prescribed by the Owners Corporation.

Additional by-law 2.27 Any such wintergarden enclosure must be installed and comply with conditions of consent contained in Schedule 2 of Notice of Development Consent DA 41-02-04 which was granted consent by the Planning Assessment Manager of the Sydney Harbour Foreshore Authority as the delegate to the Minister for Infrastructure, Planning and Natural Resources on 24 February 2004 together with the conditions contained in Construction Certificate B04/0039 issued by the City of Sydney and dated 10 June 2004.

Additional by-law 2.28 Any such wintergarden must be installed in accordance with the approved stamped plans and drawings prepared by Daryl Jackson Robin Dyke Pty. Ltd. Identified as 03412 A01 Rev. A dated 08-05-03,03412 A02 Rev. A dated 08-05-03, 03412 A03 Rev. A dated 08-05-03 and 03412 A04 Rev. A dated 08-05-03 and in accordance with Architectural Drawings prepared by Bianchino and Associates Pty. Ltd Architects Drawings Nos. 2013-A01, A02, A03, A04-issuee B and Structural Drawings prepared by Project Technique Pty. Ltd. Job No. 23199-Drawings S01, S02, S03, S04-lssue A.

Page 5 of 8


Additional by-law 2.29 Any such wintergarden shall only be installed with the prior written approval of the Executive Committee of the Owners Corporation.

Additional by-law 2.30 Any such wintergarden enclosure must be installed and comply with any conditions imposed by the Executive Committee of the Owners Corporation prior to any such installation relating to the requirements to have the installation of the wintergarden enclosure undertaken by appropriately licensed tradespersons, levels of insurance coverage, conditions under which installation may be undertaken and any other matters which the Owners Corporation may consider appropriate.

Additional by-law 2.31 Where there is an application for the installation of a wintergarden, the Owner making such an application to the Executive Committee of the Owners Corporation will be required to provide a written undertaking to the Executive Committee of the Owners Corporation in respect of the method, time period during which the installation shall occur and any other matter which the Executive Committee of the Owners Corporation considers necessary.

Additional by-law 2.32 Despite section 62, the Owner or Occupier of a Lot to which by-law 2.25 applies must maintain and keep in a state of good and serviceable repair any wintergarden that forms part of the Common Property and that services the Lot.



Architectural Standard for Southern Wintergarden

Description Removal of existing glazed balustrade. Glass infill to existing floor line comprised of three sets of windows. In each set of windows the right and left panes shall be fixed. The middle panes will comprise vertical glass panel sash less window infills capable of manual operation. The infills for middle windows shall comprise a double hung 3 pane systems with the bottom pane fixed and with side aluminium covers fitted into an aluminium frame. The infills for the southern openings shall comprise a double hung 3 pane system with the bottom panes fixed with the centre panes counterbalanced and with side aluminium covers fitted into an aluminium frame. The balcony will be further enclosed by new roofing with three skylights fitted.

Materials All materials to be new. All glass to be safety glass and to comply with AS.1288. Aluminium framing to be Capral 400 series Narrowline extruded sections 100x 40 (nom) to match existing window framing. Sash less window infills to be as manufactured by Aneeta Window Systems (Vic) Pty Ltd and to match those in the existing wintergardens in levels 2-7 of the building. All roof sheeting shall be natural zinc sheeting ex. VM Zinc Australia. All sarking and insulation shall be CSR Bradford Blanket installation -R2. 5. All down pipes shall be Colourbond steel painted to match Dulux Olde Pewter. All ceiling finishes shall be Villaboard/ FC sheeting, tape and set finish painted in matt acrylic white.

Page 6 of 8


Colour All glass to be clear glass. All exposed aluminium components shall be finished in Dulux Olde Pewter gloss polyester powder coat. All exposed galvanised steel elements shall be finished in Dulux Olde Pewter gloss polyester powder coat.


SPECIALLY RESOLVED that the Owners - Strata Plan No 62661, pursuant to Section 47 of the Strata Schemes Management Act 1996, make additional by-laws in the following terms:

ADDITIONAL By-LAWS: BI-FoLD DOORS INSTALLATION To BALCONIES LOTS 5,8, 9,12,13,16,17,20,21,24,25,28,29,32,33,36,

Additional by-law 2,33 Neither by-law 2.2 nor by-law 2.3 prevents an Owner or Occupier from installing bi-fold doors to Common Property, being Common Property comprising the north eastern and north western balconies of Lots 5, 8, 9,12,13,16,17,20,21,24,25,28,29,32,33 and 36.

Additional by-law 2,34 Any such installation must be installed in a competent and proper manner at all times at the cost of the Owner and its specification and installation must comply with the relevant Architectural Standard in relation to the Strata Scheme prescribed by the Owners Corporation.

Additional by-law 2,35 Any such installation must be installed and comply with any conditions of development consent which may granted consent by the Sydney Harbour Foreshore Authdrity as the delegate to the Minister for Infrastructure, Planning and Natural Resources.

Additional by-law 2,36 Any such installation must be installed in accordance with any approved stamped plans and drawings prepared by a qualified architect as submitted with any application for development consent.

Additional by-law 2,37 Any such installation shall only be installed with the prior written approval of the Executive Committee of the Owners Corporation.

Additional by-law 2,38 Any such installation shall comprise four sets of bi-fold doors to the windows and three sets of bi-fold doors to the sliding door of the north-eastern and north western balconies.

Additional by-law 2,39 Any such installation must be installed and comply with any conditions imposed by the Executive Committee of the Owners Corporation prior to any such installation relating to the requirernents to have the installation of the enclosure undertaken by appropriately licensed tradespersons, levels of insurance coverage, bond payment if required an any such other conditions under which installation may be undertaken and any other matters which the Owners Corporation may consider appropriate.

Page 7 of 8


Additional by-law 2.40 Where there is an application for the installation the bi-fold doors, the Owner making such an application to the Executive Committee of the Owners Corporation will be required to provide a written undertaking to the Executive Committee of the Owners Corporation in respect of the method, time period during which the installation shall occur and any other matter which the Executive Committee of the Owners Corporation considers necessary.

Additional by-law 2.41 Despite section 62, the Owner or Occupier of a Lot to which by-law 2.25 and applies must maintain and keep in a state of good and serviceable repair any wintergarden that forms part of the Common Property and that services the Lot.


Description


Bi-fold doors of manual operation comprised of glass and with aluminium covers fitted into an aluminium frame.

Colour The colour of the glass to be used shall be clear to match existing balcony windows. The colour of the powder coating shall be Dulux Olde Pewter.

Materials The glass shall be clear and of a glaze to suit height and wind loading. All exposed aluminium components shall be treated with a powder coated finish in a gloss finish.


The Common Seal·ofthe Owners S.P. 62661 was hereunto affixed on 23 May 2005 in the presence of Dynamic Property Services P/L being the person(s) authorised by Section 238 of the Strata Schemes Management Act, to attest the affixing of the seal.

SIGNED by DYNAMIC PROPERTY SERVICES PTY L TO (ABN 67 002 006 760) by its attorney LISA BRANSON duly apPointed by Power of Attorney dated 4 May 2005 and who hereby states that she has not received any notice of the revocation of such Power of Attorney. (Registered Book 4457 Nurnber 484)

Signature of witness: ~ Narne(s): Lousia Dang, Level 5, 162 Goulburn St. Sydney NSW 2010

Page 8 of 8

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SP62661 Approved Fonn 27

By-laws

Instrument setting out the terms of by-laws to be created upon registration of the strata plan.

Please list the number and details of all by-Jaws intended to be created

See Annexure "A" for by-laws and signatures

+ The consent of the Council to the abovementioned by-laws is optional

• Strike out whichever is inapplicable

(Sheet 1 of 12 Sheets)

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SP62661 Annexure "A"

1. Definitions and Interpretation

Definitions

1.1 In these by-laws these terms (in any form) mean:

"Act" the Strata Schemes Management Act 1996;

"Architectural Standards" the meaning given to that term in the Community Management Statement;

"Building" a building containing a lot or part of a lot the subject of the Strata Scheme;

"Common Property" so much of the Parcel as from time to time is not comprised in any lot;

"Community Association" is community association DP 270215;

"Community Development Lot" the meaning given to that term in the Community Management Statement;

"Community Management Statement" the community management statement registered with the Community Plan;

"Community Parcel" the land the subject of the Community Scheme;

"Community Plan" deposited plan DP 270215;

"Community Property" the meaning given to that term in the Community Management Statement;

"Community Scheme" the community scheme constituted on registration of the Community Plan;

"Community Titles legislation" the Community Land Development Act 1989 and the Community Land Management Act 1989;

"Developer" the meaning given to that term in the Community Management Statement;

"Development Activities" the meaning given to that term in the Community Management Statement;

"Executive Committee" the executive committee of the Owners Corporation;

"Landscaped Areas" any extemal landscaped area of the Strata Scheme comprising Common Property;


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"Landscape Standards" the meaning given to that term in the Community Management Statement;

"Lot" a lot (as defined in the Act) in the Strata Plan;

"Occupier" any person in lawful occupation of a Lot;

"Owner":

(a) except as provided in paragraph (b), a person for the time being recorded in the register as entitled to an estate in fee Simple in that Lot; or

(b) a person whose name has been entered on the strata roll as an owner of a Lot in accordance with s 98 of the Act;

"Owners Corporation" the Owners Corporation for the Strata Scheme;

"Parcel" the land comprised in the Strata Plan;

"Strata Plan" the Strata Plan registered with these by-laws; and

"Strata Scheme" the Strata Scheme constituted on registration of the Strata Plan.

Interpretation

1.2 A word appearing and not defined in these by-laws but defined in the Act has the meaning under the Act.

1.3 In these by-laws unless the contrary intention appears a reference to:

(a) the singular includes the plural and vice versa;

(b) any gender includes all other genders;

(c) a person includes a corporation, partnership, joint venture, association, authority, trust, state or govemment and vice versa; and

(d) this instrument includes any variation or replacement of it .

1.4 If the whole or any part of a provision of these by-laws is invalid or unenforceable, the validity or enforceability of the remaining by-laws is not affected.

1.5 Headings are inserted for convenience of reference only and must be ignored in the interpretation of these by-laws.

1.6 The word "includes" in any form is not a word of limitation.


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2_ Common Property SP62661

Damage to Lawns and Plants

2.1 Except with the prior written approval of the Owners Corporation an Owner or Occupier must not:

(a) damage any lawn, garden, tree, shrub, plant or flower being part of or situated on Common Property; or

(b) use for his or her own purposes as a garden any portion of the Common Property.

Damage to Common Property

2.2 Except with the prior written approval of the Owners Corporation an Owner or Occupier must not mark, paint, drive nails or screws or the like into, or otherwise damage or deface, any structure that forms part of the Common Property.

2.3 An approval given by the Owners Corporation under this by-law cannot authorise any additions to the Common Property.

Depositing Rubbish and Other Material

2.4 Except with the prior written approval of the Owners Corporation an Owner or Occupier must not deposit or throw on the Common Property any rubbish, dirt, dust or other material or discarded item .

3. Cleaning

Windows and Doors

3.1 An Owner or Occupier must keep clean all exterior surface of glass in windows and doors on the boundary of the Lot, including so much as is Common Property, unless:

(a) the Owners Corporation resolves that it will keep the glass or specified part of the glass clean; or

(b) that glass or part of the glass cannot be accessed by the Owner or Occupier safely or at all .

Balconies and Gardens

3.2 An Owner or Occupier must keep all intemal gardens and balconies clean and tidy and well maintained.


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SP62661 4. Moving Furniture and Other Objects On or Through Common

Property

Notice

4.1 An Owner or Occupier must not transport any fumiture or large objects through or on Common Property within a building unless sufficient notice has first been given to the Executive Committee so as to enable the Executive Committee to arrange for its nominee to be present at the time when the Owner or Occupier does so.

Owners Corporation may resolve

4.2 An Owners Corporation may resolve that fumiture or large objects are to be transported through or on the Common Property (whether in a building or not) in a specified manner.

Resolution

4.3 If the Owners Corporation has specified, by resolution, the manner in which fumiture or large objects are to be transported, an Owner or Occupier must not transport any fumiture or large object through or on Common Property except in accordance with that resolu1ion.

5. Floor Coverings

Noise

5.1 An Owner must ensure that all floor space within the Lot is covered or otherwise treated to an extent sufficient to prevent the transmission from the floor space of noise likely to disturb the peaceful enjoyment of the Owner or Occupier of another Lot.

5.2 This by-law does not apply to floor space comprising a kitchen, laundry, lavatory or bathroom.

6. Garbage Disposal

6.1 This by-law is subject to the provisions of the Community Management Statement.

6.2 The Strata Scheme has shared receptacles for garbage, recyclable material or waste and an Owner or Occupier:

(a) must ensure that before refuse, recyclable material or waste are placed in the receptacles it is, in the case of refuse, securely wrapped or, in the case of tins or other containers, completely drained, or, in the case of recyclable material or waste, separated and prepared in accordance with the applicable recycling guidelines; and


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(b) must promptly remove any thing which the Owner or Occupier may have spilled in the area of the receptacles and must take such action as may be necessary to clean the area within which that thing was spilled.

7. Change in Use of Lot to be Notified

8.

7.1 An Occupier must notify the Owners Corporation if the Occupier changes the existing use of the Lot in a way that may affect the insurance premiums for the Strata Scheme (for example, if the change of use results in a hazardous activity being carried ou1 on the Lot, or results in the Lot being used for commercial or industrial purposes rather than residential purposes).

7.2 If the change of use results in an increase in the premium payable for any or all of the insurances effected by the Owners Corporation, the Owner of the relevant Lot must pay to the Owners Corporation that increase in premium within 7 days of notification by the Owners Corporation.

7.3 Attention is drawn to development consent conditions to development application number 99/00999 .

Provision of Amenities or Services

8.1 The Owners Corporation may detennine to enter into arrangements for the provision of amenities or services to one or more of the Lots, or to the Owners or Occupiers of one or more of the Lots including:

(a) window cleaning;

(b) garbage disposal and recycling services;

(c) electricity, water or gas supply;

(d) telecommunication services; and

(e) security services.

8.2 If the Owners Corporation makes a resolution referred to in this by-law to provide an amenity or service to a Lot or to the Owner or Occupier, it must indicate in the resolution the amount for which, or the conditions on which, it will provide the amenity or service.

9. Community Management Statement

Effect on the Strata Scheme

9.1 The Community Management Statement contains by-laws which affect the Strata Scheme including:

(a) rights and obligations of Owners and Occupiers;


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(b) rights and obligations of the Community Association and the Owners Corporation;

(c) the keeping of animals;

(d) behaviour on Community Property and Common Property;

(e) garbage collection;

(f) carrying out building works; and

(g) security.

Comply

9.2 An Owner or Occupier must comply with the Community Management Statement.

Breach

9.3 A breach of the by-laws contained in the Community Management Statement amounts to a breach of these by-laws.

9.4 Nothing in these by-laws allows an Owner or Occupier to do something which is prohibited or regulated by the Community Management Statement.

10. Architectural Standards and Landscape Standards

Who May Prescribe

10.1 Under the Community Management Statement:

(a) the Community Association may prescribe Architectural Standards and Landscape Standards in relation to the Community Scheme; and

(b) the Owners Corporation may prescnbe Architectural Standards and Landscape Standards in relation to the Strata Scheme.

Bound

10.2 An Owner or Occupier must comply with any Architectural StandardS and Landscape Standards in force.

11. Landscaped Areas

Restricted Use Rights

11.1 In accordance with by-law 6 of the Community Management Statement, the Owners Corporation grants to the Community Association restricted use of the Landscaped Areas.

(Sheet 7 of 12Sheets)

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SP62661 Community Association Obligations

11.2 Permitted persons as defined in the Community Management Statement have unrestricted access to and use of the Landscaped Areas at all times.

11.3 The Community Association must:

(1) control, manage, maintain and renew and replace the Landscaped Areas;

(2) repair damage to the Landscaped Areas restricted to the Community ASSOCiation under this by-law; and

(3) indemnify the Owners Corporation against all claims and liability caused by exercising rights under this by-law.

11.4 The Owners Corporation must reimburse the Community ASSOCiation for the cost (including any amount under by-law 11.5) of the Landscaped Areas within 30 days of receiving an account from the Community Association.

11.5 The Community Association may make agreements with third parties about performing its obligations under this by-law.

12. Agreement with a Manager

Owners Corporation may enter

12.1 The Owners Corporation may determine to enter into an agreement with third parties to provide services to the Owners Corporation to assist the Owners Corporation with its duties to control, manage, operate, maintain and replace Common Property that the Community Association is not responsible for. The effect of this agreement is disclosed in this by-law.

Parties

12.2 The parties to the agreement will be:

(a) the Owners Corporation; and

(b) Jacksons Landing Estate Management Pty Umited ACN 091 590 279 as Manager.

Term

12.3 The period of the agreement may be for a period of up to 5 years with 4 options each of 5 years.

Duties

12.4 The duties of the Manager may include:


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SP62661 (a) the maintenance and replacement of the Common Property that the

Community Association is not responsible for;

(b) the control and supervision of the Common Property that the Community Association is not responsible for;

(c) the provision of services to the Owners Corporation or the Owners and Occupiers; and

(d) anything else that the Manager indicates is necessary for the Common Property that the Owners Corporation is not responsible for.

Remuneration

12.5 The Manager's remuneration for the first year of the agreement will be $13,700.00. During the subsequent years of the agreement, the manager's remuneration is an amount equivalent to 15% of the amount representing the actual cost of carrying out the duties set out in the agreement.

Costs for carrying out duties

12.6 Any remuneration payable to the Manager is exclusive of the cost to the Manager of carrying out or procuring the carrying out of the duties set out in the agreement.

12.7 Any cost incurred by the Manager in carrying out or procuring the carrying out of the services set out in the agreement are payable by the Owners Corporation.

Assignment

12.8 The Manager has the right at any time to assign its rights under the agreement to a respectable and responsible assignee.

Termination

12.9 The agreement may be terminated by the Owners Corporation if the Manager:

(a) assigns its interest in the agreement in breach of the assignment provisions;

(b) fails or neglects to carry out its duties after 21 days notice of same from the Owners Corporation;

(c) is guilty of gross misconduct or gross negligence in performance of its duties; or

(d) enters into liquidation.

12.10 The Manager may terminate the agreement at any time on giving 3 months notice.


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SP62661 13. Security Keys

13.1 The Owners Corporation may restrict access to the Building by means of Security Keys.

13.2 The Owners Corporation may make Security Keys available to:

(a) Owners; and

(b) persons authorised by the Owners Corporation.

13.3 The Owners Corporation may charge a reasonable fee for a Security Key required by an Owner.

13.4 An Owner must exercise a high degree of caution and responsibility in making a Security Key available for use by any Occupier and must use all reasonable endeavours including an appropriate stipulation in any lease or licence of a Lot to the Occupier to ensure the retum of the Security Key to the Owner or the Owners Corporation .

13.5 A person to whom a Security Key is made available must:

(a) not duplicate or copy the Security Key;

(b) immediately notify the Owners Corporation if the Security Key is lost, stolen or misplaced;

(c) when requested by the Owners Corporation, immediately retum the Security Key to the Owners Corporation; and

(d) take all reasonable steps to safeguard the Security Key against loss, damage or theft.

14. Developer's Rights

Restricted Use Rights

14.1 To enable the Developer to carry out Development Activities on the Community Parcel, the Owners Corporation grants the Developer restricted use rights in accordance with clause 54 of the Community Land Management Act 1989 over the Common Property on the terms of this by-law.

End of Restricted Use Rights

14.2 Restricted use of the Common Property ceases when the Developer serves a notice on the Owners Corporation informing the Owners Corporation that the Development Activities requiring the use of Common Property have been completed.


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SP62661 14.3 Despite by-law 14.2, restricted use of the Common Property ceases when the

Developer is no longer the registered proprietor of any Community Development Lot.

Developer's Obligations

14.4 The Developer must:

(a) repair any damage to the Common Property occurring as a result of Development Activities as soon as practicable after the damage occurs; and

(b) keep interference with the use of the Common Property by the Owners and Occupiers to a minimum so far as is consistent with the Development Activities.

Levies

14.5 There are no matters relating to the determination, imposition and collection of levies arising with respect to the rights under this by-law 14 .

15_ Car wash Bays

The following terms and conditions apply to the use of the Car Wash Bays:

(a) the Car Wash Bays may only be used between the hours of 9.00 am and 5.00 pm or other hours as nominated from time to time by the Owners Corporation;

(b) the Car Wash Bays may only be used for the purpose of washing cars and boats; and

(c) any other rules made by the Owners Corporation in relation to the use of the Car Wash Bays.

16. Storage of Bicycles

An Owner or Occupier of a Lot must not:

(a) permit any bicycle to be stored other than in the areas of the Common Property designated by the Owners Corporation from time to time for such purpose and fitted with bicycle racks; and

(b) permit any bicycle to be brought into a Lot or any part of the Common Property including the foyer, stairwells, hallways, garden areas, walkways, balcony or other parts of the Common Property as may be deSignated by the Owners Corporation from time to time.


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Executed by Jacksons landing DevaIopment Pty Umll8d by its Attorneys under a Power of Attomey Book 4253 No. 741 dated 12 August 1999 and who declare that they have not received any notice of the revocation of that Power of Attorney in the presence of:

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strata plan 62661€¦ · strata schemes management act 199 real property act 1900 ' (a)...

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