Form: 15CB Release: 32 (A) TORRENS TITLE For the common property CP/SP55468 CHANGE OF BY-LAWS New South Wales Strata Schemes Management Act 1996 Real

Transcription

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19 Form: 15CB Release: 32 (A) TORRENS TITLE For the common property CP/SP55468 CHANGE OF BY-LAWS New South Wales Strata Schemes Management Act 1996 Real Property Act 1900 Leave this space clear. Affix additional pages to the top left-hand corner. PRIVACY NOTE: Section 31B of the Real Property Act 1900 (RPAct) authorises the Registrar General to collect the information required by this form for the establishment and maintenance of the Real Property Act Register. Section 968 RP Act requires that the Register is made available to any person for search upon payment of a fee, if any. (B) LODGED BY Document Collection Box 6326J Name, Address or DX, Telephone, and Customer Account Number if any Linders Strata Management Pty Ltd Locked Bag 1919 St Leonards NSW 1590 Reference: 'Account No H 'CODE C B (C) The Owners-Strata Plan No certify that pursuant to a resolution passed on 15 January 2015 and (D) in accordance with the provisions of Section 52 of the Strata Schemes Management Act 1996 the by-laws are changed as follows (E) Repealed by-law No. NOT APPLICABLE Added by-law No. Special By- Law No. 56 Amended by-law No. NOT APPLICABLE as fully set out below: SEE Attached Annexure (F) The common seal of the Ow er ata Plan Na was affixed on 26 March 2015 in the presence of Signature(s): Name(s): Scott Martin Strata Managing Agent being the person(s) authorised by section 238 of the Strata Schemes Management Act 1996 to attest the affixing of the seal. ALL HANDWRITING MUST BE IN BLOCK CAPITALS Page 1 of

20 By-Law No Grant of Special Privilege and Exclusive Use Right for lots 99 and 104 On the conditions set out in this by-law, the owners for the time being (the "Owners") of lots 99 and 104 (the "Lots") shall have a special privilege to carry out building works for the purpose of refurbishing the Lots and a right of exclusive use and enjoyment of that part of the common property affected by the building works incorporating: (a) (b) (c) (d) removal of all fixtures, finishes, tiling and waterproofing membranes in lot 104 and the adjoining bathroom and powder room in lot 99; capping the toilet connection waste outlets and plumbing connections in the lot 104 powder room and adjoining bathroom in lot 99; penetration of the common property dividing wall between the Lots to full height and approximately one metre in width to create access between the Lots in the space previously occupied by the bathroom and powder room; removal of partial walls: (i) (ii) (iii) between the former bathroom in lot 99 and the living room; between the former powder room in lot 104 and the living room; surrounding the western end of the former kitchen in lot 104; and (e) removal of partial walls: (i) removal of part of the bench and double sink at the western end of the former kitchen in lot 104 and capping of waste pipes and plumbing connections to that work Definitions For the purposes of this by-law: "Consent Authority" means the Council of the City of Sydney or any other relevant statutory body; "Plans" means the plans and drawings of the Works prepared by Network Building Contractors Pty Ltd, a copy of which were tabled at the meeting of the Owners Corporation approving this by-law and are appended or exhibited to the minutes of that meeting; "Works" means and includes all of the building works described in clause Where any word or phrase has a defined meaning in or for the purposes of the Strata Schemes Management Act 1996, that word or phrase has the same meaning in this by-law. Page 2 of 5

21 56.3 Conditions (a) Prior to Undertaking Works Prior to undertaking the Works the Owners must obtain and provide to the Owners Corporation: (i) (ii) (iii) (b) if the approval of the Consent Authority is required for the performance of the Works, that approval; certificate of currency of the insurance policy or policies of the contractor carrying out the Works, which insurance is effected with a reputable insurance company reasonably satisfactory to the Owners Corporation for: A. contractor's all risk insurance incorporating public liability insurance in an amount of not less than $5,000,000; B. any insurance required in respect of the Works under Section 92 of the Home Building Act 1989; and C. workers' compensation in accordance with applicable legislation; the opinion of a structural engineer (reasonably acceptable to the Owners Corporation) to the effect that if the Works are carried out in a good and workmanlike manner substantially in accordance with the Plans, the Works will not adversely affect the structural integrity of the building or any part thereof. Performance of Works In carrying out the Works, the Owners must: (i) ensure that the Works are carried out in a good and workmanlike manner by licensed contractors in compliance with the Building Code of Australia and relevant Australian standards and in such a way as to minimise disruption or inconvenience to any owner or occupier of any other lot in the strata scheme; carry out the Works substantially in accordance with the Plans and, if applicable, as approved by the Consent Authority; take reasonable precautions to protect all areas of the building outside the Lots from damage by the Works. transport all construction materials, equipment, debris and other material associated with the Works over common property in the manner reasonably directed by the Owners Corporation; only perform the Works at the times approved by the Owners Corporation (acting reasonably); ensure that the Works do not interfere with or damage the common property or the property of any other lot owner otherwise than as approved in this by-law; make good any damage caused by the performance of the Works within a reasonable period after that damage occurs; subject to any extension of time required by reason of any supervening event or circumstance beyond the reasonable control of the Owners, complete the Works within six months of their commencement. Completion of Works If the approval of the Consent Authority is necessary to carry out the Works, on completion of the Works the Owners must provide to the Owners Corporation the certificate of the Consent Authority that the Works comply with the conditions of the approval given by the Consent Authority Liability and Indemnity (a) Liability The Owners are liable for any damage caused to any part of the common property as a result of the performance of the Works and must take all such steps as are necessary to make good that damage within a reasonable time after it has occurred. (b) Indemnity The Owners must indemnify the Owners Corporation and each other owner or occupier of a lot in the strata scheme against any loss or damage, cost, charge or expense incurred or sustained by the Owners Corporation, lot owner or occupier as a result of or arising out of the Works or the performance thereof, including without limitation any liability under section 65(6) of the Strata Schemes Management Act 1996 in respect of any property of the Owners. Page 3 of 5

22 (c) (i) (d) (ii) (iii) Other Rights and Obligations The Owners must, at the cost of the Owners, maintain the alterations and additions installed in the course of the Works (including but not limited to the fixtures and fittings installed as part of the Works) and that part of the common property directly affected by the performance and keeping of the Works in a state of good and serviceable repair and must renew or replace them whenever necessary. The Works must be undertaken at the cost of the Owners. The Owners must pay the reasonable costs of the Owners Corporation in preparing, making, registering, implementing and enforcing this by-law. Right to Remedy Default If the Owners fail to comply with any obligation under this by-law, then the Owners Corporation may: (i) (ii) (iii) (iv) carry out all work necessary to perform that obligation; enter upon any part of the Lots to carry out that work; recover the costs of carrying out that work from the Owners, and the Owners must indemnify the Owners Corporation against any legal action or liability flowing from the action of the Owners Corporation pursuant to this clause. Page 4 of 5

23 STRATA SCHEMES MANAGEMENT ACT 1996 CONSENT TO BY-LAW TO: The Secretary The Owner's - Strata Plan No AND: The Registrar-General Sydney We, Donald Kingsley Faithful! and Deirdre Isabel Faithfull, being the owners of lots 99 and 104 in Strata Plan 55468, HEREBY CONSENT in accordance with section 52(1) of the Strata Schemes Management Act 1996 to the making of a by-law conferring' upon the owners for the time being of those lots a special privilege to effect, building works in the lots and a right of exclusive use and enjoyment of those parts of the common property affected by those buildings works. on.ald Kingsley Faith i Deirdre Isabel Faithfull DATED: 9' 1:1y of _1:RJCAJC

24 Form: I5C13 Release: 3.2 CHANGE OF BY-LAWS New South Wales Strata Schemes Management Act 1996 Real Property Act 1900 AK51974 Leave this space clear. Affix additional pages to the top left-hand corner. PRIVACY NOTE: Section 31B of the Real Property Act 1900 (RP Act) authorises the Registrar General to collect the information required by this form for the establishment and maintenance of the Real Property Act Register. Section 96B RP Act requires that the Register is made available to any person for search upon payment of a fee, if any. (A) TORRENS TITLE For the common properly CP/SP ) LODGED BY Document Collection Box 6326J Name, Address or DX, Telephone, and Customer Account Number if any Linders Strata Management Pty Ltd Locked Bag 1919 St Leonards NSW 1590 Reference: H CODE CB (C) The Owners-Strata Plan No certify that pursuant to a resolution passed on 27 October 2015 and (D) in accordance with the provisions of Section 52 of the Strata Schemes Management Act 1996 the by-laws are changed as follows (B) Repealed by-law No. NOT APPLICABLE Added by-law No. SPECIAL BY-LAW 57 Amended by-law No. NOT APPLICABLE as fully set out below: see attached Annexure (F) The common seal of the Oyu rs-strata Plan No, was affixed on 01 December 20 to presence of Signature(s): Name(s): Scott Martin Strata Managing Agent being the person(s) authorised by section 238 of the Strata Schemes Management Act 1996 to attest the affixing of the seal. ALL HANDWRITING MUST BE IN BLOCK CAPITALS Page 1 of 4

25 STRATA SCHEME By-Law No. 57 Lot 117 Works to the Lot (Apt 1901) 57.1 Scope of works On the conditions set out in this by-law, the owners for the time being (the "Owners") of Lot 117 (Apt 1901) ("the Lot") shall have a special privilege to carry out building works for the purpose of changing the common property window in the lounge room area of the Lot being: Replacement of the fixed window on the north facing wall of the lounge room with a balcony sliding door of the same size as the existing window and similar in colour, appearance and construction materials to the other existing balcony sliding doors in the lot Definitions For the purposes of this by-law: "Consent Authority" means the Council of the City of Sydney; "Plans" means the plans and drawings of the Works provided by the Lot owner a copy of which were tabled at the meeting of the Owners Corporation approving this by-law and are appended or exhibited to the minutes of that meeting; "Works" means and includes all of the building works described in clause Where any word or phrase has a defined meaning in or for the purposes of the Strata Schemes Management Act 1996, that word or phrase has the same meaning in this by-law Conditions Prior to undertaking the Works, the Owners must obtain and provide to the Owners Corporation: (a) if the approval of the Consent Authority is required for the performance of the Works, such written approval; (b) a certificate of currency of the insurance policy or policies of the contractor carrying out the Works, to be effected with a reputable insurance company reasonably satisfactory to the Owners Corporation for: (i) contractor's all risk insurance incorporating public liability insurance in an amount of not less than $10,000,000; (ii) any insurance required in respect of the Works under s 92 of the Home Building Act 1989; (iii) workers' compensation in accordance with applicable legislation; and (c) the opinion of a structural engineer (reasonably acceptable to the Owners Corporation) 20,

26 3 A 4- to the effect that if the Works are carried out in a good and workmanlike manner substantially in accordance with the Plans, the Works will not adversely affect the structural integrity of the building or any part thereof Performance of Works In carrying out the Works, the Owners must: (a) ensure that the Works are carried out in a good and workmanlike manner by licensed contractors in compliance with the Building Code of Australia and relevant Australian standards and in such a way as to minimise disruption or inconvenience to any owner or occupier of any other lot in the strata scheme; (b) carry out the Works substantially in accordance with the Plans and, if applicable, as approved by the Consent Authority; (c) take reasonable precautions to protect all areas of the building outside the Lot from damage by the Works. (d) transport all construction materials, equipment, debris and other material associated with the Works over common property in the manner reasonably directed by the Owners Corporation; (e) only perform the Works at the times approved by the Owners Corporation (acting reasonably); (f) ensure that the Works do not interfere with or damage the common property or the property of any other lot owner otherwise than as approved in this by-law; (g) make good any damage caused by the performance of the Works within a reasonable period after that damage occurs; (h) subject to any extension of time required by reason of any supervening event or circumstance beyond the reasonable control of the Owners, complete the Works within nine months of their commencement Completion of Works If the approval of the Consent Authority is necessary to carry out the Works, on completion of the Works the Owners must provide to the Owners Corporation the certificate of the Consent Authority that the Works comply with the conditions of the approval given by the Consent Authority Liability and Indemnity The Owners are liable for any damage caused to any part of the common property as a result of the performance of the Works and must take all such steps as are necessary to make good that damage within a reasonable time after it has occurred. The Owners must indemnify the Owners Corporation and each other owner or occupier of a lot in the strata scheme against any loss or damage, cost, charge or expense incurred or

27 sustained by the Owners Corporation, lot owner or occupier as a result of or arising out of the Works or the performance thereof, including without limitation any liability under s 65 (6) of the Strata Schemes Management Act 1996 in respect of any property of the Owners Other Rights and Obligations The Owners must, at the cost of the Owners, maintain the alterations and additions installed in the course of the Works (including but not limited to the fixtures and fittings installed as part of the Works) in a state of good and serviceable repair and must renew or replace them whenever necessary. The Works must be undertaken at the cost of the Owners. The Owners must pay the reasonable costs of the Owners Corporation in preparing, making, registering, implementing and enforcing this by-law Right to Remedy Default If the Owners fail to comply with any obligation under this by-law, then the Owners Corporation may: (i) (ii) (iii) (iv) carry out all work necessary to perform that obligation; enter upon any part of the Lot to carry out that work; recover the costs of carrying out that work from the Owners, and the Owners must indemnify the Owners Corporation against any legal action or liability flowing from the action of the Owners Corporation pursuant to this clause. Pck1A