Strata Titles Act 1985 (Western Australia)

Transcription

1 Strata Titles Act 1985 (Western Australia) MINUTES OF ANNUAL GENERAL MEETING The Strata Company Owners of 8 Stroud Street Strata Plan No Stroud Street BEACHLANDS WA 6530 DATE, VENUE & TIME The meeting was held in the Meeting room facilities next to the office of Warren Taylor Homes located at 150 Chapman Road GERALDTON WA 6530 on Monday 26 February 2018 The meeting commenced at 4:10pm Present: J Mcardie [Lot1]; E Thomas [Lot 2]; and J Projects NO2 Pty Ltd [Lot 3] Nominee W Taylor. Present by proxy: J Projects NO2 Pty Ltd [Lot 4] Nominee J Steel proxy to W Taylor. In Attendance: J Bevan DSM Property Management Services. Chairperson: J Bevan MOTION 1 - MINUTES MINUTES Resolved that the minutes of the last general meeting of the Strata Company (the Annual General Meeting held on Tuesday 29 November 2016) were confirmed as a true record and account of the proceedings at that meeting. Moved by E Thomas [Lot 2] and seconded by J Mcardie [Lot1] Motion carried MOTION 2 FINANCIAL STATEMENTS Resolved that the Financial Statements for the period 29 November 2016 to 30 November 2017 presented by presented by DSM Property Management Services were confirmed. Moved by J Projects NO2 Pty Ltd [Lot 3] Nominee W Taylor and seconded by E Thomas [Lot 2] Motion carried MOTION 3 - INSURANCE RENEWAL a) Resolved that a standing authority be given to the Strata Managing Agent, DSM Property Management Services to renew the strata liability insurance for the scheme stated in the current Strata Insurance Renewal Submission. It was further resolved that W Taylor [Lot 3] will obtain insurance renewal quotes in June 2018 for insurance due 30 July 2018 and that the Strata Manager would send an reminder to W Taylor [Lot 3] in May Moved by J Projects NO2 Pty Ltd [Lot 3] Nominee W Taylor and seconded by E Thomas [Lot 2] Motion carried Page 1 of 6

2 MOTION 4 INSURANCE DETAILS AND VALUATION a) Resolved that the Building Insurance Policy be confirmed. b) Resolved that a building valuation quote not be obtained for insurance purposes and this amount be adopted as the new insurance building value refers to Section53 of the Strata Titles Act, 1985 (WA). It was noted that the Strata Plan was registered on the 9 November 2016; therefore, an insurance valuation is not required until Page 2 of 6

3 Moved by J Projects NO2 Pty Ltd [Lot 3] Nominee W Taylor and seconded by E Thomas [Lot 2] Motion carried MOTION 5 - ELECTION OF COUNCIL COMMITTEE a) Resolved that the number of members to comprise the Council Committee for this year be determined at [3] three. Resolved that the Council Committee be elected are J Mcardie [Lot1]; E Thomas [Lot 2]; and J Projects NO2 Pty Ltd [Lot 3] Nominee W Taylor. MOTION 6 - BUDGET a) Resolved that the statement of estimated receipts and payments (Budget) for the Administration Fund presented by DSM Property Management Services be adopted. b) Resolved that the statement of estimated receipts and payments (Budget) for the Reserve Fund presented by DSM Property Management Services be adopted. Moved by J Mcardie [Lot1] and seconded by E Thomas [Lot 2] Motion carried MOTION 7 - LEVIES a) Resolved that the contributions be determined for the twelve month period from 01 December 2017 to 30 November 2018: (i) (ii) to the Administrative Fund in accordance with Section 36 (1) of the Strata Titles Act 1985 for the sum of $ including GST; and to the Reserve Fund in accordance with Section 36 (2) of the Strata Titles Act 1985 for the sum of $ b) Resolved that both contributions be paid in in equal quarterly instalments, the first such instalment being due and payable on 1 December 2017 and the subsequence instalments being due and payable in the first days of 1 March 2018, 1 June 2018 and the final instalment 01 September c) Resolved that the levy due 01 December 2018 to be distributed to all owners prior to the AGM being held for FYE 30 November If there are any increases or decrease for the Administration Fund & Reserve Fund Budget for the period of 01 December 2017 to 30 November 2018 at the AGM 2018 the 01 December 2018 levy to be adjusted accordingly requiring owner to pay for the difference of the increase on their levy. d) Resolved that both contributions be levied by notice from the Strata Managing Agent under instruction from the Treasurer of the Strata Company in accordance with Section Schedule 1, clause 10 of the Strata Titles Act Moved by J Mcardie [Lot1] and seconded by E Thomas [Lot 2] Motion carried Page 3 of 6

4 MOTION 8 - LEVY ARREARS P R O P E R T Y M A N A G E M E N T S E R V I C E S a) Resolved that the Strata Company will take further statutory & debt recovery action against any lot owner(s) who are in arrears if no levy payments are made during the current period of financial year from 1 December 2016 to 30 November 2017 and the new financial year period from 1 December 2017 to 30 November Motion Defeated b) Resolved that the interest charge of 15% will apply to ALL lot owners who are in arrears prescribed under s36 (4)(b) of the Strata Titles Act 1985 Western Australia and s26 of the Strata Title Regulations 1996 Western Australia. c) By-law 16 Recovery of Expenses (Refer to Motion 10 a): Resolved that the Strata Company approve the quotation totalling the sum of $ received from Strata Title Consult Pty Ltd to proceed with drafting and registration of Special By-laws for the Strata Company to recoup the managing agent special services costs, the debt collection agency costs and legal costs from a lot owner(s) who are in arrears over an unreasonable extended time. Motion Defeated Moved by J Projects NO2 Pty Ltd [Lot 4] Nominee J Steele proxy to W Taylor and seconded by J Mcardie [Lot1] Motion carried MOTION 9 REPAIRS & MAINTENANCE TO COMMON PROPERTY AREA a) Pest Control Resolved that an annual termite inspection internal and external to all units and common areas and external treatment for siders and cockroaches. To be completed by Pest A - Kill in December Motion Carried Noting: 1. Two weeks notice to owners and residents prior to inspection; 2. Owners/residents to have all areas accessible on inspection date; and 3. Areas not accessible on the date of scheduled inspection will be the owners responsibility to have these areas inspected at another time at their own cost. c) Resolved that an annual garage door service be carried out to all units by Midwest Garage Doors in December Motion Carried Moved by Moved by J Projects NO2 Pty Ltd [Lot 4] Nominee J Steel proxy to W Taylor and seconded by J Mcardie [Lot1] Motion carried. MOTION 10 DISCUSSION, REGISTRATION AND APPLICATION OF FUTURE BY-LAWS Resolved that the lot owners were informed that the following By-laws are being reviewed by the Government regulating body to amend the current statute in the Page 4 of 6

5 near future or that if they are to be registered by the Strata Company they can take affect from time of registration: a) Schedule 1 By-law 16 Recovery of Expenses The Strata Company reserves the right to recover expenses from any registered proprietor(s)of any lot within the strata scheme (e.g. Debt collection agency fees, strata managing agent costs, solicitors fees, Breach of By-laws) associated with any contravention of the Strata Titles Act 1985 (WA) [Act] and Strata Titles General Regulations 1996 (WA) [Regulations] inclusive of amendments. Expenses shall also be levied to the registered proprietor(s) of a lot, where any registered proprietor(s) or resident and/or their assigns are in contravention of s36(1) of the Act and Regulations. b) Schedule 1 By-Law 17 Electronic Delivery of Documents (Saving the environment & minimising Strata Company administrative costs for printing and postage) Where within the Strata Titles Act 1985 and/or the Strata Titles General Regulations 1996 it is implied that either Notice of Meetings, Minutes of Meetings, Levies or any other document that is required to be issued via post, that these service notice documents be issued and distributed to a registered proprietor electronically to those proprietor(s) who have and that the registered proprietor(s) shall reply with acknowledgement that due service has been given as if by post. For the Proprietor(s) who do not have , that the service notice documents will continue to be issued & distributed by post. c) Schedule1 By-Law 8 Reduced Quorum If after the expiration of the statutory 30 minutes to establish a quorum of those present or by duly appointed proxy do not represent one half of the persons entitled to vote and if those present approve to proceed to the agenda with no dissenting votes then the meeting shall commence accordingly and dispense with the adjourned General Meeting process. MOTION 12 - CLOSURE Resolved there being no further business the chairperson declares the meeting is closed at 4:15PM J Bevan Chairperson Page 5 of 6

6 Strata Titles Act 1985 (Western Australia) MINUTES OF COUNCIL MEETING Owners of 8 Stroud Street Strata Plan No Stroud Street BEACHLANDS WA 6530 DATE, VENUE & TIME The meeting was held immediately following the Annual General Meeting on Monday 26 February 2018 Present: J Mcardie [Lot1]; E Thomas [Lot 2]; and J Projects NO2 Pty Ltd [Lot 3] Nominee W Taylor. Present by proxy: J Projects NO2 Pty Ltd [Lot 4] Nominee J Steel proxy to W Taylor. In Attendance: J Bevan DSM Property Management Services. Chairperson: J Bevan MOTION 1 MINUTES MINUTES Resolved that the minutes of the last Council Committee Meeting held on Tuesday 29 November 2016 be confirmed as a true record of the proceedings at that meeting. MOTION 2 - OFFICE BEARERS Resolved that the following office bearers be appointed: Chairperson: E Thomas [Lot 2]; Secretary: Projects NO2 Pty Ltd [Lot 4] Nominee J Steel J Mcardie [Lot1]; Treasurer: J MOTION 4 - GENERAL BUSINESS & Other Matters: It was resolved the water usage invoices form Water Corporation continue to be paid from the Strata Company Administration Fund. Moved by J Mcardie [Lot1] and seconded by E Thomas [Lot 2] Motion carried MOTION 5 CLOSURE Resolved there being no further business the chairperson declared the meeting closed at 4:25PM J Bevan Chairperson Page 6 of 6