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1 The Owners Strataa Plan: Address: Date: Location: Time: 237 Miller Street, North Sydney The Harvard 12 September 2016 The Café, The Harvard 6.30 pm Minutes of Executive Committee Meeting PRESENT PERSONALLY: R Farrar, G Napper, G Edwards, L Grabda, D St George, J Lawrence, and C Raymond APOLOGY: C Collett, CHAIRPERSON: MINUTES: R Farra chaired the meeting RESOLVED that the Minutes of the last Executive Committee Meeting confirmed as a true and accurate record of the proceedings of that meeting. be MATTERS ARISING FROM PREVIOUS MINUTES: Matters arising from the Minutes of 7 March As RESOLVED: 2016: Balcony balustrade: remediation and progress of the matter was discussed at length. Hayden Howse & Associates have prepared specifications and rates for the remediation works are being obtained and works will progressively be undertaken from 2016 onwards. Contractors are being sourced at this time although prior attempts have proved difficult, matter continuing. WH&S audit: commissioning is to be attended in due course. The previous meeting noted that much of the previous report raised items associated with the lifts and these have been addressed, Strata Manager to action. Fire damper audits: were noted. A proposal received from AC Fire Technologies was tabled. The meeting also noted that Technicool has done some further compliance work which allows for Annual Fire Safety Statement approvals for current year. Works on this matter are ongoing and costs have been allocated in the budget. Schedules are being developedd for work with level 3 now complete, the Building Manager will continue to monitor this project. Window safety devices (child safety): the Meeting again made note of the upcoming requirements with respect to clause s64a Strata Schemes Management Act (1996) at and clauses 31 and 32 of the Strata Schemes Management Regulation (2010) that concerns the installation of window safety devices to windows in Strata Schemes; and that the Owners Corporation considered the Page 1 of 6 6

2 options available. These amendments, require that all residential Strata Schemes in NSW (that contain Lots) must install child safety devices to the windows if the windows are more than 2m above ground or are less than 1.7m in height from the floor internally (see diagram attached). The windows must then be restricted to an opening of 125mm and must be capable of resisting a horizontal force of 250 newtons to the frame opening. Works must be attended to by March The Strata Manager provided a short factual advice as to the requirements pursuant to the relevant legislation and the practicalities of the testing of the frame itself. The Executive Committee and the Building Manager will review the matter in further depth seeking the most cost effective solution to the issue with Certification of such devices to be attended to by the installer, a Bylaw governing the installation and future responsibility will be considered at the Annual General Meeting. NBN: (National Broadband Network) equipment has now been installed at the Harvard and was expected to be operational in February 2016, activation is expected shortly. The Meeting noted that over the past year the Strata Manager lobbied for the Harvard to have NBN installed as one of the first schemes in the lower North Shore. NBN has installed a Fibre to the Basement ( FTTB ) solution to the Harvard in line with government policy for large residential strata properties. FTTB essentially comprises a fibre connection into the Main Distribution Frame ( MDF ) [which is in essence the copper telephone line system within the building] and then connections in apartments continue in much the same way as now with a different modem being installed by the resident dependent on their respective internet service provider ( ISP ). Access to the NBN is provided by ISP resellers is an open access system where many ISPs can operate with their individual customers. The meeting was advised that approaches from wholesalers such First Path, Pipe or Open Networks any other fibre infrastructure wholesaler ( other wholesalers ) to survey the building for a possible installation of their overbuild equipment is to be expected. In the case of large buildings (such as the Harvard) each wholesaler may seek to install their equipment (nodes) in the building. The node is connected: on one side, by fibre optic cable; and on the other side, existing telephone lines servicing individual apartments. The Strata Manager advised the Meeting that these approaches by other wholesalers are increasingly becoming legally focused, aggressive and will disregard the wishes of the Owners Corporation. These other wholesalers are relying on part of the Telecommunications Act 1997 to essentially force their way into buildings to install [ overbuild ] their own rival low impact facilities Some of these other wholesalers nodes operate in ways that interfere with the existing NBN equipment causing an overall reduction in the speed at which data is transferred across all of the copper wires therefore affecting the general amenity afforded to all residents. Page 2 of 6

3 A bylaw that governs the use of the copper wires [that are common property] in the telephone system that connects to each Lot. The effect of the bylaw would be that Lot owners and residents may only engage with high speed VDSL (NBN) retailers that offer vectoring technology. That Bylaw was approved at the Annual General Meeting of 8 February 2016 and is now registered. Vectoring VDSL does not cause disruption to any existing normal speed internet (ADSL2+) services currently available in the Harvard. At present the wholesale platform technology in the nodes offered by other wholesalers does not offer that vectoring technology, if these non vectoring nodes are installed it may make the ISP services offer on the NBN either unusable or will force residents to use the technology and services of the other wholesalers and their retailers therefore limiting choice for residents at The Harvard. The net effect of the bylaw will be that the other wholesalers will not be interested in accessing The Harvard as residents will not be able to connect to the services offered by these other wholesalers and their related ISPs as they do not offer vectoring technology compatible with the NBN system. Lot owners and residents will therefore be required to connect to the copper wire infrastructure in a form that will not cause interference to other Lots. Any letters and notices requesting access from or other providers other than NBN are to be determined on the basis that any use of the common property, including but not limited to the communications systems and risers, must be dealt with on the basis that they comply with the procedural and substantive requirements of the legislation relating to strata titled property. Access for surveys or otherwise relating to fibre optic install or other type of major is only to be provided with the full knowledge and consent of the Executive Committee. Any other form of access for standard telecoms work is to be attended to via a review of the work sheet from the provider to the Building Manager. Development matters: the following matters were discussed and noted: i. 229 Miller St: (adjacent building) is almost completely demolished - Richard Farrar and James Lawrence have been in constant liaison with Platino and have felt that the project managers have been very cooperative. The committee thanks Richard and James on behalf of all residents for all the work they have done in this matter it has been handled very professionally. There is however, some untraceable water coming into B2. Excavation on the site will begin soon with rock saws and hammers. ii. 221 Miller St: the contract for demolition is being negotiated, there is no firm date for the works to hand at this time however it is likely to be in iii. 229 Miller St: demolition of will not begin until July iv. 52 McLaren St: (Georgian House) use of the site has not yet been Page 3 of 6

4 determined. Wenona School will be leasing the site as a construction space when they begin building their STEM Centre. v. 168 Walker St: ( The SAP Building ) DA has been approved but redevelopment work will not begin until This will be an exemplar building, with four towers and 400 apartments. vi. Metro rail: property has been acquired in Miller St from the corner of Berry St down to the MLC building. The small building opposite The Harvard in Miller St will be demolished as an entry site for the Metro tunnelling. Letterboxes: have had their locks changed to provide greater security. All residents have been provided two individual keys. Additional keys can be purchased direct from Mosman Locksmiths who installed the system. BUILDING MANAGER S REPORT: The Building Managers Report as advised was taken as accepted: Matters arising as RESOLVED: Driveway (garage entrance): The Meeting noted that there may be some inconvenience for drivers during these works, likely being that only one side of the driveway will be open at a time. As part of the works the access control post may need to be re-located. Security Access entrance point: had been suggested for the pool and gym. The proposal is to be considered as part of the general security upgrade, as a result of this advice cameras have been installed however the swipe access, as part of the overall upgrade is within considered within the 10 year Sinking Fund Forecast, there is to be a review of access generally including access via B1 for visitors through the intercom. Window safety devices (child safety): the Meeting made note of the upcoming requirements with respect to clause s64a Strata Schemes Management Act (1996) at and clauses 31 and 32 of the Strata Schemes Management Regulation (2010) that concerns the installation of window safety devices to windows in Strata Schemes; and that the Owners Corporation considered the options available. These amendments, require that all residential Strata Schemes in NSW (that contain Lots) must install child safety devices to the windows if the windows are more than 2m above ground or are less than 1.7m in height from the floor internally. The windows must then be restricted to an opening of 125mm and must be capable of resisting a horizontal force of 250 newtons to the frame opening. The Strata Manager will shortly provide a short factual advice as to the requirements pursuant to the relevant legislation and the practicalities of the testing of the frame itself. The Executive Committee and the Building Manager will review the matter in further depth seeking the most cost effective solution to the issue. FINANCIAL STATEMENTS: The statements as supplied were reviewed, discussed and noted. Page 4 of 6

5 The Owners Corporations funds stood at $261, on 7 March Matters arising as RESOLVED Gas costs: are not yet settled due to inaction by the provider. NEW MATTERS: The following matters were determined. As RESOLVED Proposed Nursing Home Development: to replace Georgian House (care home) in McLaren Street is still under review as to what is to be built in the area. Currently there is a tree preservation Order in place, there is however a section 96 demolition approval permitted by Council. The matter is to be monitored for further information. The meeting noted that Harvard will express its view to Council that the site should be kept in a reasonable condition until any development work commences. 229 Miller Street: has been purchased by Platino, the impact of this issue is yet to be assessed. Airbnb: has been prevalent in Harvard in recent weeks. Such sub-letting is not permitted either in accordance with the Bylaws of the Scheme or the ordinances of North Sydney Council. Residents found to be attending to this unlawful activity are to have all of their access swipe cards immediately deactivated, without warning, to preserve the insurance provisions of the scheme. Lot owners should be aware that an action in the matter will be taken against the Owner(s) of the Lot and not the tenant/occupant. Lot owners are responsible at law for the actions of their tenants/occupants with respect to bylaw breaches. Activities like airbnb cause undue wear and tear on the building, disrupt the day to day living amenity for residents, raise maintenance and management costs. Owners should be aware that they are liable for losses and costs incurred. Sites like airbnb and others are monitored continually by Management. Harvard Handbook: is to be updated, L Grabda and C Raymond will attend to that matter. Right of Way: in the rear lane for McLaren Apartments was discussed, the matter will be investigated further and contact between the Harvard and the McLaren established on this issue. The Right of Way may have some bearing on the current matter with 231 Miller St (North Building). Harvard library: and book exchange has been operating very successfully for several years, G Edwards has kindly volunteered to assist in this successful initiative. Smoking Bylaw: for Havard [to prohibit smoking in Lots] was discussed. The Meeting noted that currently Harvard has a bylaw that governs transference of smoke from Lots into other Lots. J Lawrence will kindly review the matter at hand and the issue of the wider legislation generally. There will be further discussion on this at the next meeting. Page 5 of 6

6 Notices and signage: in the Building is to be reviewed generally. NEXT MEETING: To be determined. Meeting closed: 8.15 pm Page 6 of 6