BAYLINE CTS TBA 22 BAY TERRACE, WYNNUM

Transcription

1 BAYLINE CTS TBA 22 BAY TERRACE, WYNNUM BUDGET FOR FINANCIAL YEAR COMMENCING AFTER 1 ST AGM (YEAR 1) (21 UNITS & INTEREST ENTITLEMENT 1203) Any Audit or Pest Control to be assessed in future years. ADMINISTRATION FUND 2015/2016 BUDGET CONTRIBUTION INTEREST ENTITLEMENT Taxation Officer $ Bank Charges $ Community Power $4, Fire Equipment/Services $5, Fire Audit/Evacuation $ Cleaning $10, (fortnightly) Workplace Insurance 2015 & 2016 $ Insurance $7, Licence Fees and Permits $ Stationery, STD Calls, Fax, Tax Lodgement, Stratamax and Broadband $ Repairs and Maintenance Electrical $1, Garden/Grounds/Car Parks $4, General Building $1, Plumbing $1, Hot Water System $1, Security Gate & Roller Gate Garage $1, Intercom System $ Lift $8, Lift Phone $ Lift Registration $ Back Flow Device Testing $ Body Corporate Management Fee $3, Body Corporate Disbursements $ Monthly Reconciliations $ Sundry $ Waste Removal $4, Total Levies $50, $7, Administration Fund Contributions: Total $50, Based on 21 lot of entitlement = $2, per annum or $1, per half year. Administration fund Interest Contributions (Insurance) $7, or based on 1203 lot of entitlement based on valuation of each lot = $5.83per lot of entitlement per annum or $2.915 per half year per lot of entitlement. Sink fund 1 st year based on 21 lot of entitlement - $300 per annum or $150 per half year.

2 LOT Entitlement Amount Per Unit of Lot Entitlement per ½ Year Amount Per Unit of Lot Entitlement Per Annum Total amount per Annum TOTAL ADMIN FUND 1 $1, $2, $2, $50, Lots 1-21 TOTAL ADMIN FUND $50, INSURANCE LEVY Lots 9,10, Lots 8 Lots 3,12 Lots 4,7,13,16,17 Lots 1, 2 Lot 6 Lot 5 Lots 14,15 Lot 11 Lots 20 Lot 19, 21 Lot $2.915 $5.83 $ $ $2.915 $5.83 $ $ $2.915 $5.83 $ $ $2.915 $5.83 $ $1, $2.915 $5.83 $ $ $2.915 $5.83 $ $ $2.915 $5.83 $ $ $2.915 $5.83 $ $ $2.915 $5.83 $ $ $2.915 $5.83 $ $ $2.915 $5.83 $ $1, $2.915 $5.83 $ $ TOTAL INSURANCE LEVY $7, Sinking Fund Lots $ $ $ $6, TOTAL SINKING FUND $6, TOTAL LEVIES $64, Audit fees not included as optional cost under residential strata. Audit and white Ant Treatment To be voted upon at each Annual General Meeting.

3 PROPOSED SINKING FUND BAYLINE CTS 22 BAY TERRACE, WYNNUM SINKING FUND BUDGET BASED ON 21 UNITS YEAR TO PAINTING PLUMBING/ ROOF DRAINAGE LIGHTING & ELECTRICAL PATHS/ PAVING FENCING INTERCOM DOORS/ WINDOWS HOT WATER SYSTEM SUNDRY EXPENSES LIFT FIRE EQUIPMENT SECURITY/ GATES TOTAL YEAR AMOUNT PER LOT OF ENTITLEMENT $300 $400 $465 $465 $515 $550 $600 $650 $650 $665 BASED ON 21 LOTS OF ENTITLEMENT FOR THE BUILDING

4 BAYLINE CTS TBA 22 Bay Terrace, WYNNUM LOTS 1 21 LOTS OF ENTITLEMENT: LOT NUMBER CONTRIBUTION INTEREST TOTALS: 21 UNITS

5 THIS AGREEMENT made this day of, 2015 BETWEEN the BODY CORPORATE BAYLINE COMMUNITY TITLES SCHEME (herein called the body corporate ) of the one part And EAGLE REAL ESTATE BC 1 PTY LTD of 964 Logan Road, Holland Park Qld (herein called the Manager ) of the second part - WHEREAS (A) the body corporate has resolved to appoint the Manager as its Body Corporate Manager pursuant to the Body Corporate and Community Management Act (herein called the Act ) and to authorise to it certain powers, authorities, duties and functions as hereafter set forth; and (B) the Manager has agreed to accept such appointment and authorisation upon and subject to the terms and conditions hereinafter provided - NOW THIS AGREEMENT WITNESSES as follows: 1. In exercise of the powers conferred upon it by the Act and in pursuance of a resolution of a general meeting of the body corporate passed on the day of 2015 the body corporate hereby appoints the Manager as its Body Corporate Manager for a term of three years commencing on the of 2015 to the of 2018 and monthly thereafter until changed in general meeting. 2. The Manager agrees to act as Body Corporate Manager of the body corporate upon and subject to the said terms, conditions and provisions and as such Manager to exercise, as may be necessary or desirable in the assessment of the Manager and subject to any directions from time to time of the committee of the body corporate the powers, authorities, duties and functions hereby authorised. 3. The body corporate in pursuance of the said resolution and in accordance with the Act hereby authorises to the Manager for the duration of the Manager s appointment under this agreement all the powers, authorities, duties and functions of the body corporate and its committee and the Chairman, Secretary and Treasurer of the committee and the body corporate and the power to make a authorisation under Sec of the Act. 4. (a ) For the term of the Agreement, the body corporate shall pay the Manager a management Fee of $2, per annum for the performance of the duties hereunder, payable half yearly in advance plus GST totalling $ or a total of $3, and 5% thereafter per annum.. (b) (c) The Manager shall be entitled to reimbursement on a half yearly basis in advance for all disbursements in respect of the body corporate s administration which disbursements shall include such items such as printing, local telephone, postage & photocopies, as quoted at $ per annum plus GST i.e. $84.00 totalling $ per annum and 5% thereafter per annum.. In addition to the fees and disbursements herein provided for, the Manager shall be entitled to receive from the body corporate an amount equivalent to the amount received by it in respect of applications under Section of the Act plus GST when applicable. 5. The Manager shall subject to the control and the supervision of the committee provide the following services for the body corporate: COSTS BASED ON THE ACT AS AT 01/12/03 WITH NO AUTHORISATION OF POWERS TO BCM AS CHAIRPERSON; SECRETARY OR TREASURER-

6 (1) Assist the Secretary and Treasurer of the body corporate and assist in the duties specified by the Act in respect of those offices; (2) Arrange as required by the body corporate normal day to day maintenance, repair and replacement of the common property and personal property vested in the body corporate but excluding any special attendance at the complex for this purpose; (3) Arrange and attend the Annual General Meeting during any yearly period; (4) Prepare and post notices, including notices of meetings and notices levying maintenance contributions; (5) Act (in the absence of the Chairman) as Chairman of any meeting of the body corporate or its committee; (6) Ensure that the insurances are effected and promptly renewed in accordance with the Act and make necessary claims; (7) Keep any wage, income tax or other records required by any law from time to time in respect of any employees or contractors of the body corporate and complete and submit any returns in respect thereof; (8) Arrange for the submission of the required Income Tax Return on behalf of the body corporate and accept the appointment as public officer of the body corporate; (9) Disburse monies in accordance with the Act and the terms of the agreement; (10) Maintain the records of the body corporate as required by law; (11) Prepare as necessary budgets and reports and keep all records necessary to facilitate such preparation; (12) Provide, as far as is reasonable, general advice and assistance to the body corporate and members of the committee; (13) Have possession of and care of the records and documents of the body corporate; (14) Implement credit control procedures in respect of maintenance contributions and advise regarding recovery; (15) Have custody of the common seal and attest its affixation for the purpose of exercising or performing any of the powers, authorities, duties and functions conferred or imposed by the terms of this agreement; (16) Generally implement the decisions of the body corporate and its committee but not so as to impose any obligation on the Manager which is not intended to fall under Clause 5 of this agreement. 6. All directions or instructions that are given by the Body Corporate to the Manager pursuant to this Agreement shall only be given by one person who shall from time to time by duly nominated and authorised in writing in that behalf by the Committee of the Body Corporate. In the event of no such nomination then it shall by the Chairman or Secretary as appointed in General Meeting of the Body Corporate.

7 7. In the event that the Manager is required to perform or carry out any service additional to those set out in Clause 5 hereof then the body corporate agrees to remunerate the Manager in accordance with the attached schedule. 8. Within the Term: (a) The Body Corporate may, without prejudice to any other rights it may have, terminate this Agreement within the Term by giving the Manager thirty days notice in writing or upon the happening of any one or more of the following events:- (i) (ii) the Manager is in breach of the Act, or this Agreement and the Body Corporate has notified the Manager in writing of such breach and the breach has continued for a period of one (1) month after this notice; the Manager is wound up or is presented with a petition for its winding up or resolves to go into liquidation or enters into a scheme of arrangement (other than for the purpose of reconstruction or amalgamation). (b) The Manager may, without prejudice to any other rights it may have, terminate this Agreement within the Term by giving at least thirty (30) days, written notice of termination to the Body Corporate. 9. Transfer of this engagement This engagement may be transferred by the Body Corporate if the Body Corporate approves the transfer. (a) To avoid any doubt, the approval may be given by the committee. (b) In deciding whether to approve a proposed transfer, the Body Corporate may have regard to: (i) the character of the proposed transferee and related persons of the proposed transferee (ii) the financial standing of the proposed transferee (iii) the competence, qualifications and experience of the proposed transferee, and the extent to which the transferee and any related persons have received or are likely to receive training; and (iv) matters to which, under this engagement the Body Corporate may have regard. (c) The Body Corporate must decide whether to approve a proposed transfer within seven days after it receives written notice of the transfer. (d) The Body Corporate must not: (i) unreasonably withhold approval to the transfer, or (ii) require or receive a fee or other consideration for approving the transfer (e) related persons of a proposed transferee means: (i) if the proposed transferee is a corporation the corporation s directors, substantial shareholders and principal staff, or (ii) if a proposed transferee is a partnership the partners and principal staff of the partnership. 10. That the body corporate managers may accept a commission of 12% to 20% depending on the insurance company & agree to rebate some expenditure costs to allow part of these funds to be given back to their clients or to share the commission with their clients. 11. Save in the event of default by the Manager, the Body Corporate will indemnify and hold indemnified the Manager from and against all actions, claims, demands, losses, costs, damages and expenses (including without limitation reasonable legal costs on a solicitor and own client basis) properly incurred by the Manager in carrying out its duties and obligations hereunder or as instructed by the Body Corporate from time to time.

8 SCHEDULE ONE Rates for services not covered by management fee: (1) If carried out by a principal or senior manager $ per hour plus GST $6.50 = $71.50 per hour (2) If carried out by a clerical assistance or staff $ per hour plus GST $4.50 = $49.50 per hour Until notified of any change from time to time. (3) Taxation Officer $80.00 & Auditor (if required) at cost. (4) Stratamax $ plus GST - To be approved with management contract (5) Broadband $42.00 plus GST - To be approved with management contract (6) Archive maximum $30.00 per annum (7) Section Monthly reconciliations by amendments to the Act $16.50 per month for the building. (Not per lot) To be approved with management contract (8) Stationary, STD calls & facsimiles at cost. (9) Taxation report, Workcover report and Insurance certificate $44.00 inc GST each (10) If required, Audit reports, Budget reports, WH&S reports, Inspection reports, Arbitration and Conciliation reports $44.00 inc GST each plus photocopies at cost (11) If required, Committee meetings (if require BCM to attend) $ inc GST for blocks with 5 lots or less, $ inc GST for blocks with more than 5 lots lots plus costs of stationary, photocopies & postage. (12) If required, EGMs $ inc GST for blocks with 5 lots or less, $ inc GST for blocks with more than 5 lots plus costs of stationary, photocopies & postage. (13) If required, fire reports and evacuation drills $ inc GST for initial year and $220 inc GST for subsequent years. (14) If registered for GST, preparation and lodgement of Bas statements $88.00 inc GST per quarter. (15) Arrears notices $22.00 each notice payable by debtors & legal costs as per charges from solicitors payable by debtors. (16) Insurance claims $55.00 each.

9 IN WITNESS WHEREOF the parties have hereunto executed this agreement. THE COMMON SEAL of THE BODY CORPORATE BAYLINE COMMUNITY TITLE SCHEME NUMBER as hereunto affixed on the day of 2015 by the persons authorised by the Body Corporate and Community Management Act to attest the affixing of the seal. AND EAGLE REAL ESTATE BC 1 PTY LTD, LOGAN ROAD, HOLLAND PARK QLD was hereunto affixed by authority of the either of the parties in the presence of: FOR: BAYLINE BODY CORPORATE EAGLE REAL ESTATE BC 1 PTY LTD