28 February Date: Strata Choice, 92. Time: PROXY: / R Farrar: Harris (75) PRESENT BY APOLOGIES: CHAIRPERSON: RESOLVED that the.

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1 The Owners Strata Plan: Address: Date: Location: Time: 237 Miller Street, North Sydney The Harvard 28 February 2017 Strata Choice, 92 Chandos Street, St Leonards, NSW pm Minutes of Annual General Meeting PRESENT PERSONALLY: Grabda (15), Edwards Global Services (19), Martin (21), Lawrence (39), Hansen (52), Benworth Consulting (55), St George (58), Hudson (63), Raymond (66), Maller (70), Heath (74), Quirk (77), Lawrence (85), Kable (87), Morgan (89), Napper (90), Farrarr (97) PRESENT BY PROXY: To The Chairperson / R Farrar: Tweediee (22), R&C Jones Investments (38), Miller (40), Harris (75) To S Hansen: Lyndon (46), Lamaro (47), Hansen (82) To J Lawrence: Cook & Heal (69) To G Edwards: McGlinchey (83) APOLOGIES: G Cook & R Heal, C Collett, G Sutton IN ATTENDANCE: J McDonald (SC) CHAIRPERSON: R Farrarr chaired the meeting 1. MINUTES: RESOLVED that the minutes of the previous General Meeting be confirmed as a true and accurate record of the proceedings of that meeting. 2. ACCOUNTS: RESOLVED that the Audited Financial Statements as supplied be adopted confirmed and 3. AUDITOR: RESOLVED that an auditor be appointed. 4. INSURANCES: RESOLVED that the Owners Corporation s insurances as listed be confirmed. Page 1 of 13 6

2 5. CAPITAL WORKS FUND PLAN: 6. ESTIMATES FOR ADMINISTRATIVE & CAPITAL WORKS FUNDS: 7. DEBT COLLECTION: RESOLVED that the Owners Corporation consider the plan from QS Solutions dated 19 January 2016 in relation to the setting of the Capital Works Fund budget and, if considered appropriate, implement the plan. To RESOLVE that the following consideration of the statement of existing financial situation and of estimated receipts and payments presented at the meeting that: a. contributions to the administrative fund are estimated and determined at $357, inclusive of GST b. contributions to the capital works fund are estimated and determined at $324, inclusive of GST c. the proportion of said contributions payable by the owners of each lot shall be in accordance with the proposed levy schedule approved at the meeting; d. the contributions of each owner to be payable by equal quarterly instalments in advance, the first such instalment to be due on 1 March 2017 (payable 15 April 2017); and e. these minutes shall serve as a notice to each lot owner of the amount and due date of each instalment of such contributions. RESOLVED that The Owners Strata Plan No 56005, pursuant to the Strata Schemes Management Act 2015 (including section 103) for the purpose of collecting levy contributions to authorise the Strata Managing Agent and/or the Strata Committee to do any one or more of the following: a. to issue arrears notices, reminder notices and/or letters to seek recovery of levy contributions and the recovery of other debts, including penalties, interest, legal and other costs/expenses; b. to engage or appoint the services of a debt collection agency, obtain legal advice and/or retain legal representation and/or experts on behalf of The Owners- Strata Plan No 56005; c. to issue demands, commence, pursue, continue or defend any court, tribunal or any other proceedings against any lot owner, mortgagee in possession and/or former lot owner in relation to all matters arising out of the recovery of levy contributions and the recovery of other debts, including penalties, interest, legal and other costs; d. enter and enforce any judgment obtained in the collection of levy contributions including issuing writ for levy of property (personal and real property), garnishee orders, examination notices/orders/hearings, bankruptcy notices, statutory demands and commencing and maintaining bankruptcy proceedings or winding up proceedings; e. filing an appeal or defending an appeal against any judgment concerning the collection of levy contributions; and f. liaise, instruct and prepare all matters with the Owners Corporation s debt collection agents, lawyers and experts in relation to any levy recovery proceedings. Note: This resolution gives the Owners Corporation the power to take action to recover unpaid levies, interest and recovery costs including commencing proceedings and enforcing judgements obtained in Page 2 of 13

3 legal proceedings for the recovery of unpaid levies, interest and recovery costs. 8. PAYMENT PLAN: RESOLVED that The Owners Strata Plan agree to enter into payment plans generally for matters involving arrears of unpaid contributions/levies or other amounts including interest, legal and other costs/expenses thereon and to delegate to the strata manager and/or the Strata Committee the ability to enter into, arrange and monitor each such payment plan limited to a period of 12 months per payment plan with any further or subsequent payment plan to be entered into as agreed by the Strata Committee or Owners Corporation by resolution. Note: Pursuant to Sections 85(5) 85(7)of the Strata Schemes Management Act 2015 and Regulation 18 and 19 of the Strata Scheme Management Regulations 2016 an Owners Corporation may agree to enter into payment plans generally or in particular cases for the payment of overdue contributions by a resolution passed at a general meeting. This resolution provides the power for the Owners Corporation to enter into such payment plans. 9. ANNUAL FIRE SAFETY STATEMENT: RESOLVED that whilst Marcs Electrical and Air-conditioning Pty Ltd is appointed as the Building Manager for the scheme and when an Annual Fire Safety Statement is required in accordance with Part 9, Division 5 of the NSW Environmental Planning and Assessment Regulations 2000: a. it is required on an annual basis to engage a competent person to provide an annual fire safety statement; and b. subject to receipt of the statement from the competent person, it is instructed to sign on behalf of the scheme and lodge the statement with local Council and cause a copy of the statement to be given to the Fire Commissioner. 10. REPORT ON COMMISSIONS: 11. CHILD WINDOW SAFETY: RESOLVED that a report be received from the Strata Managing Agent on commissions and training services received in the past 12 months and estimate of commissions and training services to be received in the next 12 months. Note: The strata managing agent under section 60 of the Strata Schemes Management Act 2015 is required to disclose all commissions or training services provided to the strata managing agent for the strata scheme. As at the date of the notice of this meeting the strata managing has received the following Commissions, $5, in insurance commissions in the past 12 months and an amount of $5,400 in commissions is expected to be received in the next 12 months. Training The equivalent of $0 in training services in the past 12 months, and an amount of $0 in training is expected to be received in the next 12 months. Submitted By Strata Managing Agent RESOLVED that the Owners Corporation instruct its Strata Committee and Building Manager to obtain a Child Window Safety Report to the executive committee and that the Strata Committee then determine what action or steps it wishes to undertake, if any. In carrying out that function the Strata Committee is authorised to obtain 2 Page 3 of 13

4 quotations in order to meet legislative requirements, if required and action the proposals and attend to the works as set out in that report. Note Note: Under the Strata Schemes Management Act 2015 the Owners Corporation is required to install window safety devices that comply with the relevant Australian Standards and codes. This motion is to direct the Building Manager and/or the Strata Committee to obtain and review a Child Window Safety Report and determine what steps it wishes to take. This motion is also to direct the Strata Managing Agent and Strata Committee to obtain and approve a quotation for the works required in order for the building to comply with the relevant Australian Standards and codes. Costs of these works have been factored into the 2017 Budget under code CHILD WINDOW SAFETY BY-LAW SPECIALLY RESOLVED pursuant to section 141(1) of the Strata Schemes Management Act 2015 that The Owners Strata Plan No make a by-law adding to the by-laws applicable to the strata scheme in the following terms: SPECIAL BY-LAW NO. Installation of Child Window Safety Devices PART 1 - PREAMBLE 1.1 This by-law is made pursuant to Division 2 of Part 7 to the Act. 1.2 It is made for the purpose of the control, management, administration and use of the common property for the strata scheme. 1.3 Its principal purpose is to provide additional security and safety for the residents of the strata scheme by providing the Owners Corporation with the power to: (a) (b) install Child Window Safety Devices; and to impose conditions on the operation, use, repair, maintenance and replacement of the Child Window Safety Devices. 1.4 The Child Window Safety Devices will be installed on any openable window where: (a) (b) (c) the lowest window edge is less than 1.7 metres above the inside floor surface of the Lot; and when the drop from the internal floor surface level to the external surface beneath the window is two metres or more; or any legislative requirement that amends or replaces sub-clauses 1.4(a) and/or (b). PART 2 - GRANT OF POWER 2.1 Notwithstanding anything contained in any by-law applicable to the strata scheme, the Owners Corporation shall have the following additional Page 4 of 13

5 powers, authorities, duties and functions to install a Child Window Safety Device on Non-compliant Windows and to impose conditions in relation to its operation and use. PART 3 - DEFINITIONS & INTERPRETATION 3.1 Definitions In this by-law, unless the context otherwise requires: (a) Act means the Strata Schemes Management Act (b) Authority means any government, semi-government, statutory, public or other authority having any jurisdiction over the Lot or the Building including the local council. (c) Building means the building known as The Harvard situated at 237 Miller Street, North Sydney. (d) Child Window Safety Device means the installation of: (i) a device which allows a window to be locked with a maximum opening of 125mm; (ii) the installation of a security screen that is capable of resisting a lateral load of 250 newtons or more; or (iii) any legislative requirement that amends or replaces subclauses 3.1(d)(i) and/or (ii), to Non-compliant Windows. (e) Non-compliant Window means any openable window in the building where: (i) the lowest window edge is less than 1.7 metres above the inside floor surface of the Lot; and (ii) the drop from the internal floor surface level to the external surface beneath the window is two metres or more; or (iii) any legislative requirement that amends or replaces subclauses 3.1(e)(i) and/or (ii). (f) Lot means any individual lot in strata plan (g) Owner means owner of a Lot. 3.2 Interpretation In this by-law, unless the context otherwise requires: (a) (b) (c) (d) the singular includes the plural and vice versa; any gender includes the other genders; any terms in the by-law will have the same meaning as those defined in the Act; references to legislation include references to amending and replacing legislation; and Page 5 of 13

6 (e) where a term of the by-law is inconsistent with any by-law applicable to the strata scheme, then the provisions of the by-law shall prevail to the extent of the inconsistency. PART 4 - INSTALLATION OF CHILD WINDOW SAFETY DEVICE 4.1 The Owners Corporation shall install a Child Window Safety Device to every Non-compliant Window. 4.2 The Owners Corporation must abide by the by-laws applicable to the strata scheme and all directions, orders and requirements of any Authority relating to the erection of the installation of the Child Window Safety Devices and must be responsible to ensure that the respective servants, agents and contractors of the Owners Corporation comply with the said directions, orders and requirements. 4.3 The Owners Corporation must ensure that the provisions of the Building Code of Australia and Australian Standards are, so far as relevant, complied with. 4.4 The Owners Corporation must comply with the Home Building Act 1989 where relevant. 4.5 The installation of the Child Window Safety Device must be carried out in a proper and workmanlike manner. 4.6 The Child Window Safety Device must comprise materials that are good and suitable for the purpose for which they are used and must be new. 4.7 The Owners Corporation may, if it chooses to do so engage a third party contractor to perform the duties and functions of carrying out inspections, advising on work required and undertaking the installation of the Child Window Safety Device. PART 5 - ACCESS 5.1 The Owners shall, from time to time, upon reasonable notice being provided to an Owner or occupier, permit the Owners Corporation in accordance with its power under sub-section 122(2) of the Act, to access the Lot for the purpose of: (a) (b) installing the Child Window Safety Devices; and determining whether the Child Window Safety Devices require any maintenance, repair or replacement. 5.2 The Owners Corporation acknowledges and agrees that it will be liable for any damage to the contents of the Lot arising out of the access to it, in Page 6 of 13

7 accordance with clause 5.1. PART 6 - MAINTENANCE, REPAIR AND REPLACEMENT The Owners acknowledge and agree that: (a) (b) they will reimburse the Owners Corporation for all costs of any repair or replacement of the Child Window Safety Device if it is removed, replaced, or in any way damaged or defaced by the Owner or any occupant of the Lot; and the cost of repair and replacement, if not paid in accordance with clause 6.1.2(c) of this by-law, will bear until paid, simple interest at an annual rate of 10 per cent or, if the regulations provide under the Act for interest on overdue levy contributions for another rate, that other rate, and the interest will form part of that debt The procedure by which maintenance and repair is to be carried out, is as follows: (a) the Owners Corporation (or its duly authorised contractor), in accordance with its inspection under clause 5.1, will inspect the Child Window Safety Device that requires repair or replacement; (b) Upon determining that the Child Window Safety Device requires repair or replacement, the Owners Corporation (or its duly authorised contractor) will arrange for the it to be repaired or replaced, as required; (c) If the Owner or any occupant of the lot has damaged the Child Window Safety Device, upon completion of the repair or replacement, the Owners Corporation will provide a copy of the tax invoice for such repair or replacement to the Owner; and the Owner must reimburse the Owners Corporation within seven (7) (d) days of the receipt of the tax invoice, for the sum of that invoice. 13. BYLAW CONSENT INSTALLATION OF HARD FLOORING TO LOT 65: Submitted by Lot 65 G & O Sutton SPECIALLY RESOLVED pursuant to section 141 and 144 (1) (b) (2) & (3) of the Strata Schemes Management Act 2015 and the terms of registered Special Bylaw 14 that the Owners Corporation Strata Plan grant Exclusive Use and Special Privilege to Lot 65 by consent - in respect of the installation of the hard flooring installed to the living areas, hallways, dining areas and bedrooms of the Lot. Special By law 14 Installation of Hard Flooring within Lots DEFINITIONS Consent means the individual Owners consent to this by-law in the Page 7 of 13

8 form attached to the minutes of the meeting at which this by-law was passed. Hard Flooring means the alterations and additions undertaken by an Owner to their Lot and so much of the common property as is necessary (including all ancillary structures) including removal or replacement of, or additions to, existing flooring in their Lot excluding carpet. Lot means a lot in strata plan no Owner means the owner for the time being of a Lot. Any term used in this by-law that appears in the Strata Schemes Management Act 1996 (Act) will have the same meaning as in the Act unless the context expresses or indicates otherwise. Singular includes the plural and vice versa. A reference to one gender includes a reference to all genders. Headings are included for convenience only and do not affect the meaning of the clauses to which they relate. SCOPE OF BY-LAW Owners have a special privilege to carry out and keep and maintain their Hard Flooring and the exclusive use of the common property occupied and immediately affected by their Hard Flooring, on all the conditions of this by-law. CONDITIONS 1. Prior to Hard Flooring being carried out, the relevant Owner must at their own cost: a. first submit to the Owners Corporation via its building manager the following details: i. the type of flooring and sound proofing material to be used; ii. the location of the Hard Flooring and sound proofing material; iii. iv. a certificate of acoustic performance of all critical elements of the Hard Flooring (including the proposed sound proofing material) supplied by a certified testing authority or an opinion of a recognised acoustic consultant, in each case providing that all elements of the proposed Hard Flooring will be of at least a minimum soundproofing measurement in the prevailing Australian standard rating system for the Hard Flooring type and stating the soundproofing measurement; and full details of the materials supported by sketches of cross Page 8 of 13

9 section through the floor of the subject Lot v. and obtain written consent from the Owners Corporation for such Hard Flooring (which will not be unreasonably withheld); and vi. the Executive Committee, through the Building Manager, may require an owner or occupier or their contractor moving materials into or out of the building to provide a bond of $1000 as security for the costs of rectifying any damage caused by the movement of the owner s or occupier s materials associated with the installation of the floor into or out of the building; and 2. When carrying out and installing Hard Flooring in accordance with this bylaw the Owner must comply with: a. the by-laws in force for this strata scheme as far as they apply to the Hard Flooring and associated activities; and b. the reasonable directions of the building manager for the strata scheme as to permissible hours of work, movement of building materials on the parcel and the disposal of debris. 3. Owners must properly maintain and keep their respective Hard Flooring in a state of good and serviceable repair (at their own cost) and replace their Hard Flooring or any part of it at their own cost as the Owners Corporation may reasonably require from time to time. 4. Owners must accept liability for any damage caused to the common property or their Lot or any other Lot as a result of the exercise of their rights under this by-law and/or the installation, maintenance and repair of their Hard Flooring and are responsible to make good that damage immediately after it has occurred. 5. Owners severally must indemnify the Owners Corporation against any loss or damage the Owners Corporation suffers (including legal costs) as a result of the performance, maintenance or repair/replacement of their Hard Flooring and activities associated with them and must pay those costs to the Owners Corporation on demand. 6. Owners must ensure their Hard Flooring is installed in a proper and workmanlike manner by properly and appropriately qualified tradespersons. 7. Within 28 days of completion of the work associated with their Hard Flooring and in any event upon request from the building manager, the relevant Owner must furnish the Owners Corporation with a certificate from a duly qualified acoustic consultant acceptable to the Owners Corporation that their Hard Flooring has been installed in accordance with: a. the manufacturer s instructions; and Page 9 of 13

10 b. in particular, condition 1 of this by-law (as far as it applies to the installation). 8. Owners are responsible for and must ensure compliance with this by-law by their respective occupiers. GENERAL 9. Insofar as it may be necessary, the Owners Corporation SPECIALLY RESOLVED previously: a. pursuant to section 62(3) of the Act that: i. it is inappropriate to maintain, renew, replace or repair the common property immediately affected by the Hard Flooring; and ii. its decision will not affect the safety of any building, structure or common property in the strata scheme or detract from the appearance of any property in the strata scheme; and b. pursuant to section 65A of the Act that: i. Owners may add to or alter the common property necessarily affected by their authorised Hard Flooring for the purpose of improving or enhancing the common property; and ii. respective Owners will be responsible for the ongoing maintenance of such common property. 10. The special privilege and exclusive use rights conferred by this by-law will not be activated unless the Owner of the Lot to which they are to be applied has executed the Consent and delivered it to the Owners Corporation prior to the installation of the flooring. REMEDY 11. If any Owner fails to comply with any obligation of this by-law, the Owners Corporation may: a. enter any part of the parcel to carry out any necessary work to perform the obligation; and b. recover the costs of carrying out that work, including legal and all professional fees from the relevant Owner as a debt, due and payable at the Owners Corporation s direction and as a contribution according to section 80(1) of the Act and which, if unpaid within 1 month of being due, will bear simple interest at the rate of 10 percent per annum until paid or if the regulations provide for another rate, that other rate and the interest will form part of that debt. Page 10 of 13

11 Note: This Bylaw is to provision for consent to the conditions as set out in registered Special Bylaw BYLAW SMOKING: SPECIALLY RESOLVED pursuant to section 141(1) of the Strata Schemes Management Act 2015 that The Owners Strata Plan No make a by-law adding to the by-laws applicable to the strata scheme in the following terms Special By law Prohibiting smoking on the premises Smoke means smoke, hold or otherwise have control over ignited tobacco or any other product that is intended to be smoked, produces smoke or is ignited. Lot means a lot in strata plan no Any term used in this by-law that appears in the Strata Schemes Management Act 2015 (Act) will have the same meaning as in the Act unless the context expresses or indicates otherwise. Singular includes the plural and vice versa. A reference to one gender includes a reference to all genders. Headings are included for convenience only and do not affect the meaning of the clauses to which they relate. a. The owner or occupier of the lot must not smoke nor allow smoking within a lot or within the common property. b. Without limiting paragraph (a), the owner or occupier of a lot must not allow any invitee to his lot to smoke within the lot or upon the common property. Note: We have smoke free restaurants, hotel rooms, workplaces and public areas. Smoking is already prohibited in the common areas, lobbies and hallways of Harvard. Despite this there is the continued issue of owners and occupiers smoking in their Lots and on balconies and having that second hand smoke and the associated unpleasant odours permeate into other apartments and the common areas. The public health and general amenity benefit to this Bylaw is designed to continue that smoke free environment by extension to our homes. 15. BY-LAW REVIEW: RESOLVED that the registered by-laws of the strata scheme be reviewed by its Strata Committee and that the Strata Managing Agent is then authorised to consolidate and obtain relevant documentation to support this process. 16. HONORARIUM: Mr R Farrar & Mrs J Farrar left the meeting whilst this motion was being considered. J McDonald chaired the Meeting for the Motion. MOTION LOST That: a. pursuant to Section 46 of the Strata Schemes Management Act (2015), within 14 days of passing this resolution, the Owners Corporation, instruct its Strata Managing Agent to provide Mr Richard Farrar an Page 11 of 13

12 honorarium of an amount to be determined by the Meeting for services performed as Chairperson and as Building Representative in respect of the compliance works rectification, lobby refurbishment works, driveway repair works liaison with the representatives of the developer and North Sydney Council with respect to the building at 231 Miller St and as principal Point of Contact with the Strata Managing Agent and the Building Manager in the period since the last Annual General Meeting. AND that should part a be RESOLVED b. that a Capital Works Fund Budget line account estimate be incorporated and the estimated expenditure be adjusted accordingly. Note: This Motion is proposed to recognise the time and effort made by R Farrar to the management and running of Harvard. 17. ELECTION OF STRATA COMMITTEE: Nominations were called. Seven (7) nominations were received. RESOLVED as the number of nominations equalled the number of persons to be elected, that number being seven (7), the following were duly elected: L Grabda (15), G Edwards (19), J Lawrence (39), D St George (58), C Raymond (66), G Napper (90), R Farrar (97) A vote of thanks was passed to Chris Collett for his dedicated service to the Strata Committee over recent years. 18. RESTRICTIONS ON STRATA COMMITTEE: MOTION LOST that the Owners Corporation to decide if any matter or class of matter that is to be placed on the Strata Committee in a General Meeting is to be determined. Thanks: Votes of thanks were passed in appreciation of the work of the Chair, the Committee members, the Building Manager and the Strata Manager over the past year. The meeting closed at 7.46 pm Matters noted: R Farrar updated the Meeting on the following matters: Development issues in the local area, fire damper works in the Building, security upgrades, balustrade works and procurement of contractors, signage upgrades, Amendments to the Deed with 231 Miller Street. Page 12 of 13

13 The Owners Strata Plan: Address: Date: Location: Time: 237 Miller Street, North Sydney The Harvard 8 February 2016 Strata Choice, 92 Chandos Street, St Leonards, NSW, 7.51 pm Minutes of Strata Committee Meeting PRESENT PERSONALLY: L Grabda, G Edwards, J Lawrence, D St George, C Raymond, G Napper, R Farra CHAIRPERSON: MINUTES: OFFICE BEARERS: J McDonald (SC) DEFERRED R Farra nominated and accepted as Chairperson G Napper nominated and accepted and as Secretary D St George nominated and accepted and as Treasurer SUB COMMITTEES: NEXT COMMITTEE MEETING: Sub committee will be formed as required, To be determined. Meeting closed: 7.57 pm Page 13 of 13 6