Contract of Sale of Real Estate

Transcription

1 Contract of Sale of Real Estate GAIL PASCOE Vendor SANDY HILL APARTMENTS APARTMENT 105, 222 BAY ROAD SANDRINGHAM Property

2 WARNING TO ESTATE AGENTS DO NOT USE THIS CONTRACT FOR SALES OF OFF THE PLAN PROPERTIES UNLESS IT HAS BEEN PREPARED BY A LEGAL PRACTITIONER Copyright September 2017 Contract of Sale of Real Estate Part 1 of the form of contract published by the Law Institute of Victoria Limited and The Real Estate Institute of Victoria Ltd Property address: Sandy Hill Apartments, Apartment 105, 222 Bay Road Sandringham 3191 The vendor agrees to sell and the purchaser agrees to buy the property, being the land and the goods, for the price and on the terms set out in this contract. The terms of this contract are contained in the particulars of sale; and special conditions, if any; and general conditions in that order of priority. SIGNING OF THIS CONTRACT WARNING: THIS IS A LEGALLY BINDING AGREEMENT. YOU SHOULD READ THIS CONTRACT BEFORE SIGNING IT. Purchasers should ensure that, prior to signing this contract, they have received a copy of the section 32 statement required to be given by a vendor under section 32 of the Sale of Land Act 1962 in accordance with Division 2 of Part II of that Act; and a copy of the full terms of this contract. The authority of a person signing under power of attorney; or as director of a corporation; or as agent authorised in writing by one of the parties must be noted beneath the signature. Any person whose signature is secured by an estate agent acknowledges being given by the agent at the time of signing a copy of the terms of this contract. SIGNED BY THE PURCHASER: on.../.. /2018 Print name(s) of person(s) signing: State nature of authority, if applicable: This offer will lapse unless accepted within [ ] clear business days (3 clear business days if none specified) SIGNED BY THE VENDOR: on.../.. /2018 Print name(s) of person(s) signing: Gail Pascoe... State nature of authority, if applicable: The DAY OF SALE is the date by which both parties have signed this contract. Cooling-off period (Section 31 of the Sale of Land Act 1962) You may end this contract within 3 clear business days of the day that you sign the contract if none of the exceptions listed below applies to you. You must either give the vendor or the vendor s agent written notice that you are ending the contract or leave the notice at the address of the vendor or the vendor s agent to end this contract within this time in accordance with this cooling-off provision. You are entitled to a refund of all the money you paid EXCEPT for $100 or 0.2% of the purchase price (whichever is more) if you end the contract in this way. IMPORTANT NOTICE TO PURCHASERS EXCEPTIONS: the 3-day cooling-off period does not apply if: you bought the property at or within 3 clear business days before or after a publicly advertised auction; the property is used primarily for industrial or commercial purposes; or the property is more than 20 hectares in size and is used primarily for farming; or you and the vendor previously signed a contract for the sale of the same land in substantially the same terms; or you are an estate agent or a corporate body. *This contract is approved by the Law Institute of Victoria Limited, a professional association within the meaning of the Legal Profession Act 2004, under section 53A of the Estate Agents Act LAW INSTITUTE OF VICTORIA 1 CONTRACT OF SALE OF REAL ESTATE COPYRIGHT SEPTEMBER 2017 Lawsoft

3 NOTICE TO PURCHASERS OF PROPERTY OFF-THE-PLAN Off-the-plan sales (Section 9AA(1A) of the Sale of Land Act 1962) You may negotiate with the vendor about the amount of the deposit moneys payable under the contract of sale, up to 10 per cent of the purchase price. A substantial period of time may elapse between the day on which you sign the contract of sale and the day on which you become the registered proprietor of the lot. The value of the lot may change between the day on which you sign the contract of sale of that lot and the day on which you become the registered proprietor. Particulars of Sale VENDOR S ESTATE AGENT-Hodges (Sandringham) Address: 10 Bay Road Sandringham sandringham@hodges.com.au Tel: Fax: Ref: Cain Maithouse; Amanda Jones VENDOR Gail Pascoe Address: Apartment 105, 222 Bay Road Sandringham 3191 VENDOR S LEGAL PRACTITIONER Whiting Lawyers Address: Level 4/180 Queen Street Melbourne 3000 (GPO Box 3003 Melbourne Vic 3001) dwhiting@whitinglaw.com.au; jamoretty@whitinglaw.com.au Tel: Fax: Ref: DW:JA PURCHASER Name:... ABN/ACN... Address:... PURCHASER S LEGAL PRACTITIONER OR CONVEYANCER Name:... Address: Tel:... Fax:... Ref:... LAND (general conditions 3 and 9) The land is described in the table below Certificate of Title reference being lot on plan Volume Folio PS C The land includes all improvements and fixtures. PROPERTY ADDRESS The address of the land is: Sandy Hill Apartments, Apartment 105, 222 Bay Road Sandringham 3191 GOODS SOLD WITH THE LAND (general condition 2.3(f)) (list or attach schedule) All fixed floor coverings, light fittings, window furnishings, microwave and integrated refrigerator and all fixtures and fittings of a permanent nature PAYMENT (general condition 11) Price $... Deposit $... being 10% of the Price which is payable on the Day of Sale. Balance $... payable at settlement 2

4 GST (general condition 13) The price includes GST (if any) unless the words plus GST appear in this box If this sale is a sale of land on which a farming business is carried on which the parties consider meets requirements of section of the GST Act or of a going concern then add the words farming business or going concern in this box If the margin scheme will be used to calculate GST then add the words margin scheme in this box XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXX SETTLEMENT (general condition 10) is due on... /... /2018 LEASE (general condition 1.1) At settlement the purchaser is entitled to vacant possession of the property unless the words subject to lease appear in this box in which case refer to general condition 1.1. XXXXXXXXXXXXXXXXXX If subject to lease then particulars of the lease are*: Not applicable TERMS CONTRACT (general condition 23) If this contract is intended to be a terms contract within the meaning of the Sale of Land Act 1962 then add the words terms contract in this box and refer to general condition 23 and add any further provisions by way of special conditions. XXXXXXXXXXXXXXXXX LOAN (general condition 14) The following details apply if this contract is subject to a loan being approved. Lender:... Loan amount: $ Approval date:... /... /20... This contract does not include any special conditions unless the words special conditions appear in this box. Special Conditions 3 SPECIAL CONDITIONS These special conditions form part of this contract. To the extent of any inconsistency, they take priority over the general conditions Where there is a tick box next to a special condition below, it only applies if ticked before the day of sale. 1. Purchasers acknowledgements The purchaser acknowledges and accepts that: a. prior to the execution of this Contract the purchaser received from the vendor a statement in writing and signed by the Vendor (or a person authorised by the vendor) in accordance with section 32 of the Sale of Land Act 1962 (Vic). b. Any restriction on the use of the land under any planning scheme or imposed by any authority which has the power to control the use of the land shall not affect the validity of this contract and the purchaser buys subject thereto, and the purchaser has no right to compensation or to reject title on the basis of such restriction. c. The purchaser has inspected the land (including the chattels) and purchases the land in its state of repair and condition (including any deficiency which may otherwise require reinstatement or replacement) as at the day of sale.

5 d. Where the property sold includes a swimming pool or spa, or has or requires the installation of smoke alarms, the purchaser shall not require the vendor to comply with the building regulations that apply, nor meet the cost of so doing. The purchaser is on notice that the cost of compliance (as is or may be required) is the responsibility of the purchaser. 2. Guarantee where corporate purchaser If the purchaser is a corporation it shall within seven (7) days procure the execution of the form of guarantee annexed to this contract by each of its directors and shareholders (at the vendor's option) and failure to do so shall constitute a default under this Contract. 3. Nomination If the Purchaser nominates under General Condition 18, the Purchaser must provide the Vendor with copies of the executed and complete nomination documents at least 14 days before settlement date and where the nominated purchaser is a corporation, Special condition 2 must be complied with by the substituted purchaser at least 7 days before settlement date. 4. Default costs Default costs payable by a Purchaser under general conditions 27 and 28 shall mean all the vendor's legal costs of and incidental to such default (on solicitor - own client basis), and the default continues until such costs have been paid. 5. Transfer The delivery of the transfer of land document as provided by general condition 6 must be to the Vendor s appointed representative (if any). If it is not delivered 10 days before settlement, the Purchaser shall be deemed to be in default under this contract and must pay interest on the balance of the price for the number of days between the day on which the transfer of land document should have been delivered, and the day it was delivered, the second day included. 6. Foreign purchasers a. In the event that the purchaser is a foreign resident or a non-resident of Australia or is otherwise required to obtain approval to enter into this contract the purchaser warrants that the purchaser has, where required by law, obtained the approval of the Treasurer of the Commonwealth and of the Reserve Bank of Australia in relation to any funding or in the case of the Treasurer has received a statement of non-objection by the Treasurer or submits herewith evidence that the Treasurer has ceased to be empowered to make an order under Part II of the Foreign Acquisitions and Takeovers Act a. If this contract does not proceed to settlement as a consequence of the purchaser s breach of the warranty contained in special condition 6.a, the Vendor may rescind this contract and retain the deposit as liquidated damages. b. Further, the purchaser must indemnify the vendor against all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) which the vendor incurs or is liable for concerning any matter in connection with this special condition Payment (replaces General Condition 11) a. The purchaser must pay the deposit: i. to the vendor's licensed estate agent; or ii. iii. if there is no estate agent, to the vendor's legal practitioner or conveyancer; or if the vendor directs, into a special purpose account in an authorised deposit-taking institution in Victoria specified by the vendor in the joint names of the purchaser and the vendor. b. If the land sold is a lot on an unregistered plan of subdivision, the deposit: i. must not exceed 10% of the price; and ii. must be paid to the vendor's estate agent, legal practitioner or conveyancer and held by the estate agent, legal practitioner or conveyancer on trust for the purchaser until the registration of the plan of subdivision. c. The purchaser must pay all money other than the deposit: i. to the vendor, or the vendor's legal practitioner or conveyancer; or 4

6 ii. in accordance with a written direction of the vendor or the vendor's legal practitioner or conveyancer. d. Payments may be made or tendered: i. up to $1,000 in cash; or ii. iii. iv. by cheque drawn on an authorised deposit-taking institution; or by electronic funds transfer to a recipient having the appropriate facilities for receipt. However, unless otherwise agreed: payment may not be made by credit card, debit card or any other financial transfer system that allows for any chargeback or funds reversal other than for fraud or mistaken payment, and v. any financial transfer or similar fees or deductions from the funds transferred, other than any fees charged by the recipient s authorised deposit-taking institution, must be paid by the remitter. e. At settlement, the purchaser must pay the fees on up to five cheques drawn on an authorised deposit-taking institution. If the vendor requests that any additional cheques be drawn on an authorised deposit-taking institution, the vendor must reimburse the purchaser for the fees incurred. f. Payment by electronic funds transfer is made when cleared funds are received in the recipient s bank account. g. Before the funds are electronically transferred the intended recipient must be notified in writing and given sufficient particulars to readily identify the relevant transaction. h. As soon as the funds have been electronically transferred the intended recipient must be provided with the relevant transaction number or reference details. i. Each party must do everything reasonably necessary to assist the other party to trace and identify the recipient of any missing or mistaken payment and to recover the missing or mistaken payment. j. For the purpose of this general condition 'authorised deposit-taking institution' means a body corporate for which an authority under section 9(3) of the Banking Act 1959 (Cth) is in force. 8. Acceptance of title General condition 12.4 is added: 12.4 Where the purchaser is deemed by section 27(7) of the Sale of Land Act 1962 to have given the deposit release authorisation referred to in section 27(1), the purchaser is also deemed to have accepted title in the absence of any prior express objection to title. 9. GST and a Tax invoice a. General condition 13.3 is replaced with the following: 13.3 If the vendor makes a taxable supply under this contract (that is not a margin scheme supply) and: (a) the price includes GST; or (b) the purchaser is obliged to pay an amount for GST in addition to the price (because the price is plus GST or under general condition 13.1(a), (b) or (c)), the purchaser is not obliged to pay the GST included in the price, or the additional amount payable for GST, until a tax invoice has been provided. b. For the purpose of General Condition 13, the contract shall be treated as if the particulars of sale specified the words plus GST. 10. Adjustments General condition 15.3 is added: 15.3 The purchaser must provide copies of all certificates and other information used to calculate the adjustments under general condition 15, if requested by the vendor. 11. Foreign resident capital gains withholding 5

7 a. Words defined or used in Subdivision 14-D of Schedule 1 to the Taxation Administration Act 1953 (Cth) have the same meaning in this general condition unless the context requires otherwise. b. Every vendor under this contract is a foreign resident for the purposes of this general condition unless the vendor gives the purchaser a clearance certificate issued by the Commissioner under section (1) of Schedule 1 to the Taxation Administration Act 1953 (Cth). The specified period in the clearance certificate must include the actual date of settlement. c. This general condition only applies if the purchaser is required to pay the Commissioner an amount in accordance with section (3) or section of Schedule 1 to the Taxation Administration Act 1953 (Cth) ( the amount ) because one or more of the vendors is a foreign resident, the property has or will have a market value not less than the amount set out in section of the legislation just after the transaction, and the transaction is not excluded under section (1) of the legislation. d. The amount is to be deducted from the vendor s entitlement to the contract consideration. The vendor must pay to the purchaser at settlement such part of the amount as is represented by non-monetary consideration. e. The purchaser must: i. engage a legal practitioner or conveyancer ( representative ) to conduct all the legal aspects of settlement, including the performance of the purchaser s obligations under the legislation and this general condition; and ii. ensure that the representative does so. f. The terms of the representative s engagement are taken to include instructions to have regard to the vendor s interests and instructions that the representative must: i. pay, or ensure payment of, the amount to the Commissioner in the manner required by the Commissioner and as soon as reasonably and practicably possible, from moneys under the control or direction of the representative in accordance with this general condition if the sale of the property settles; ii. iii. despite: iv. promptly provide the vendor with proof of payment; and otherwise comply, or ensure compliance, with this general condition; any contrary instructions, other than from both the purchaser and the vendor; and v. any other provision in this contract to the contrary. g. The representative is taken to have complied with the requirements of paragraph 11.f if: i. the settlement is conducted through the electronic conveyancing system operated by Property Exchange Australia Ltd or any other electronic conveyancing system agreed by the parties; and ii. the amount is included in the settlement statement requiring payment to the Commissioner in respect of this transaction. h. Any clearance certificate or document evidencing variation of the amount in accordance with section (2) of Schedule 1 to the Taxation Administration Act 1953 (Cth) must be given to the purchaser at least 5 business days before the due date for settlement. i. The vendor must provide the purchaser with such information as the purchaser requires to comply with the purchaser s obligation to pay the amount in accordance with section of Schedule 1 to the Taxation Administration Act 1953 (Cth). The information must be provided within 5 business days of request by the purchaser. The vendor warrants that the information the vendor provides is true and correct. j. The purchaser is responsible for any penalties or interest payable to the Commissioner on account of late payment of the amount. 12. Service (replaces general condition 17) a. Any document required to be served by or on any party may be served by or on the legal practitioner or conveyancer for that party. b. A document being a cooling off notice under section 31 of the Sale of Land Act 1962 or a notice under general condition 14.2 (ending the contract if the loan is not approved) may be served on 6

8 the vendor s legal practitioner, conveyancer or estate agent even if the estate agent s authority has formally expired at the time of service. c. A document is sufficiently served: i. personally, or ii. iii. iv. by pre-paid post, or in any manner authorized by law or by the Supreme Court for service of documents, including any manner authorised for service on or by a legal practitioner, whether or not the person serving or receiving the document is a legal practitioner, or by . d. Any document properly sent by: i. express post is taken to have been served on the next business day after posting, unless proved otherwise; ii. iii. iv. priority post is taken to have been served on the fourth business day after posting, unless proved otherwise; regular post is taken to have been served on the sixth business day after posting, unless proved otherwise; is taken to have been served at the time of receipt within the meaning of section 13A of the Electronic Transactions (Victoria) Act e. The expression document includes demand and notice, and service includes give in this contract. f. The address of service of any document required to be served on the vendor or the purchaser shall be the address of the party s legal practitioner or conveyancer, until advised otherwise (in writing). 13. Notices (replaces general condition 21) a. The vendor is responsible for any notice, order, demand or levy imposing liability on the property that is issued or made before the day of sale, and does not relate to periodic outgoings. b. The purchaser is responsible for any notice, order, demand or levy imposing liability on the property that is issued or made on or after the day of sale, and does not relate to periodic outgoings. c. The purchaser may enter the property to comply with that responsibility where action is required before settlement. 14. Electronic conveyancing a. Settlement and lodgment of the instruments necessary to record the purchaser as registered proprietor of the land will be conducted electronically in accordance with the Electronic Conveyancing National Law. The parties may subsequently agree in writing that this special condition 14 applies even if the box next to it is not checked. This special condition has priority over any other provision to the extent of any inconsistency. b. A party must immediately give written notice if that party reasonably believes that settlement and lodgment can no longer be conducted electronically. This special condition 14 ceases to apply from when such a notice is given. c. Each party must: i. be, or engage a representative who is, a subscriber for the purposes of the Electronic Conveyancing National Law, ii. iii. ensure that all other persons for whom that party is responsible and who are associated with this transaction are, or engage, a subscriber for the purposes of the Electronic Conveyancing National Law, and conduct the transaction in accordance with the Electronic Conveyancing National Law. d. The vendor must open the Electronic Workspace ( workspace ) as soon as reasonably practicable. The inclusion of a specific date for settlement in a workspace is not of itself a 7

9 promise to settle on that date. The workspace is an electronic address for the service of notices and for written communications for the purposes of any electronic transactions legislation. e. The vendor must nominate a time of the day for locking of the workspace at least 7 days before the due date for settlement. f. Settlement occurs when the workspace records that: i. the exchange of funds or value between financial institutions in accordance with the instructions of the parties has occurred; or ii. if there is no exchange of funds or value, the documents necessary to enable the purchaser to become registered proprietor of the land have been accepted for electronic lodgment. g. The parties must do everything reasonably necessary to effect settlement: i. electronically on the next business day, or ii. at the option of either party, otherwise than electronically as soon as possible if, after the locking of the workspace at the nominated settlement time, settlement in accordance with special condition 14.f has not occurred by 4.00 pm, or 6.00 pm if the nominated time for settlement is after 4.00 pm. h. Each party must do everything reasonably necessary to assist the other party to trace and identify the recipient of any missing or mistaken payment and to recover the missing or mistaken payment. i. The vendor must before settlement: i. deliver any keys, security devices and codes ( keys ) to the estate agent named in the contract, ii. iii. direct the estate agent to give the keys to the purchaser or the purchaser s nominee on notification of settlement by the vendor, the vendor s subscriber or the Electronic Network Operator; deliver all other physical documents and items (other than the goods sold by the contract) to which the purchaser is entitled at settlement, and any keys if not delivered to the estate agent, to the vendor s subscriber or, if there is no vendor s subscriber, confirm in writing to the purchaser that the vendor holds those documents, items and keys at the vendor s address set out in the contract, and give, or direct its subscriber to give, all those documents and items and any such keys to the purchaser or the purchaser s nominee on notification by the Electronic Network Operator of settlement. j. The vendor must, at least 7 days before the due date for settlement, provide the original of any document required to be prepared by the vendor in accordance with general condition 6. END OF SPECIAL CONDITIONS 8

10 GUARANTEE IN CONSIDERATION of you having entered into at my/our request the within Contract WE/I [Print full name] of [Print usual address] and [Print full name] of [Print usual address] JOINTLY AND SEVERALLY GUARANTEE COVENANT AND DECLARE as follows: If and whenever any monies payable under the within Contract are unpaid for a period of five days after the same shall become payable, we/i shall upon request pay the same to you. If and whenever there shall be any breach on the part of the Purchaser of any covenant on its part contained in the said Contract, we/i shall upon request cause such breach to be remedied forthwith. As a separate and severable covenant we/i agree to indemnify you against all loss, costs, charges and expenses incurred as a result of or any default by the Purchaser in the performance of any of the Purchaser's obligations set out, incorporated in or implied in the within Contract. This Guarantee shall be a continuing Guarantee binding on our/my legal personal representatives and shall not be affected by anything which but for this provision would under the law relating to sureties have the effect of releasing us/me or modifying our/my obligations hereunder and without restricting the generality of the foregoing shall not be affected by any waiver, postponement, indulgence or variation whether as to time or otherwise which you may in your discretion grant or agree to or any failure by you to exercise any of your rights under the within Contract. Any demand or notice on us/me (or either of us) shall be deemed duly made if it be in writing and signed by you or any Solicitor purporting to act for you or any other person duly authorised by you to make the demand and the same may be left at or sent through the post in a pre-paid letter addressed to us/me (or either of us) at our/my address hereinbefore specified or personally to us/me (or either of us). DATED the day of Two Thousand and Eighteen SIGNED SEALED AND DELIVERED in the presence of: ) ) Guarantor s Signature Witness Signature SIGNED SEALED AND DELIVERED in the presence of: ) ) Guarantor s Signature Witness Signature 9

11 General Conditions Part 2 being Form 2 prescribed by the Estate Agents (Contracts) Regulations 2008 Title 1. ENCUMBRANCES 1.1 The purchaser buys the property subject to: (a) any encumbrance shown in the section 32 statement other than mortgages or caveats; and (b) any reservations in the crown grant; and (c) any lease referred to in the particulars of sale. 1.2 The purchaser indemnifies the vendor against all obligations under any lease that are to be performed by the landlord after settlement. 1.3 In this general condition section 32 statement means a statement required to be given by a vendor under section 32 of the Sale of Land Act 1962 in accordance with Division 2 of Part II of that Act. 2. VENDOR WARRANTIES 2.1 The vendor warrants that these general conditions 1 to 28 are identical to the general conditions 1 to 28 in the standard form of contract of sale of real estate prescribed by the Estate Agents (Contracts) Regulations 2008 for the purposes of section 53A of the Estate Agents Act The warranties in general conditions 2.3 and 2.4 replace the purchaser s right to make requisitions and inquiries. 2.3 The vendor warrants that the vendor: (a) has, or by the due date for settlement will have, the right to sell the land; and (b) is under no legal disability; and (c) is in possession of the land, either personally or through a tenant; and (d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and (e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and (f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land. 2.4 The vendor further warrants that the vendor has no knowledge of any of the following: (a) public rights of way over the land; (b) easements over the land; (c) lease or other possessory agreement affecting the land; (d) notice or order affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices; (e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside. 2.5 The warranties in general conditions 2.3 and 2.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statement required to be given by the vendor under section 32 of the Sale of Land Act 1962 in accordance with Division 2 of Part II of that Act. 2.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that: (a) (b) (c) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act Words and phrases used in general condition 2.6 which are defined in the Building Act 1993 have the same meaning in general condition IDENTITY OF THE LAND 3.1 An omission or mistake in the description of the property or any deficiency in the area, description or measurements of the land does not invalidate the sale. 3.2 The purchaser may not: LAW INSTITUTE OF VICTORIA 10 CONTRACT OF SALE OF REAL ESTATE COPYRIGHT SEPTEMBER 2017 Lawsoft

12 (a) (b) make any objection or claim for compensation for any alleged misdescription of the property or any deficiency in its area or measurements; or require the vendor to amend title or pay any cost of amending title. 4. SERVICES 4.1 The vendor does not represent that the services are adequate for the purchaser s proposed use of the property and the vendor advises the purchaser to make appropriate inquiries. The condition of the services may change between the day of sale and settlement and the vendor does not promise that the services will be in the same condition at settlement as they were on the day of sale. 4.2 The purchaser is responsible for the connection of all services to the property after settlement and the payment of any associated cost. 5. CONSENTS The vendor must obtain any necessary consent or licence required for the sale. The contract will be at an end and all money paid must be refunded if any necessary consent or licence is not obtained by settlement. 6. TRANSFER The transfer of land document must be prepared by the purchaser and delivered to the vendor at least 10 days before settlement. The delivery of the transfer of land document is not acceptance of title. The vendor must prepare any document required for assessment of duty on this transaction relating to matters that are or should be within the knowledge of the vendor and, if requested by the purchaser, must provide a copy of that document at least 3 days before settlement. 7. RELEASE OF SECURITY INTEREST 7.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 7.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 7.4, the purchaser may request the vendor to provide the vendor s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 7.3 If the purchaser is given the details of the vendor s date of birth under condition 7.2, the purchaser must (a) (b) only use the vendor s date of birth for the purposes specified in condition 7.2; and keep the date of birth of the vendor secure and confidential. 7.4 The vendor must ensure that at or before settlement, the purchaser receives (a) (b) a release from the secured party releasing the property from the security interest; or a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 7.5 Subject to general condition 7.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property (a) that (i) (ii) the purchaser intends to use predominantly for personal, domestic or household purposes; and has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor s business of selling personal property of that kind. 7.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 7.5 if (a) (b) the personal property is of a kind that may or must be described by serial number in the Personal Property Securities Register; or the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 7.7 A release for the purposes of general condition 7.4(a) must be in writing. 7.8 A release for the purposes of general condition 7.4(a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. LAW INSTITUTE OF VICTORIA 11 CONTRACT OF SALE OF REAL ESTATE COPYRIGHT SEPTEMBER 2017 Lawsoft

13 7.9 If the purchaser receives a release under general condition 7.4(a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement In addition to ensuring that a release is received under general condition 7.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Property Securities Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition If settlement is delayed under general condition 7.12 the purchaser must pay the vendor (a) (b) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and any reasonable costs incurred by the vendor as a result of the delay as though the purchaser was in default The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 7.14 applies despite general condition Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 7 unless the context requires otherwise. 8. BUILDER WARRANTY INSURANCE The vendor warrants that the vendor will provide at settlement details of any current builder warranty insurance in the vendor s possession relating to the property if requested in writing to do so at least 21 days before settlement. 9. GENERAL LAW LAND 9.1 This general condition only applies if any part of the land is not under the operation of the Transfer of Land Act The vendor is taken to be the holder of an unencumbered estate in fee simple in the land if there is an unbroken chain of title starting at least 30 years before the day of sale proving on the face of the documents the ownership of the entire legal and equitable estate without the aid of other evidence. 9.3 The purchaser is entitled to inspect the vendor s chain of title on request at such place in Victoria as the vendor nominates. 9.4 The purchaser is taken to have accepted the vendor s title if: (a) (b) 21 days have elapsed since the day of sale; and the purchaser has not reasonably objected to the title or reasonably required the vendor to remedy a defect in the title. 9.5 The contract will be at an end if: (a) (b) the vendor gives the purchaser a notice that the vendor is unable or unwilling to satisfy the purchaser s objection or requirement and that the contract will end if the objection or requirement is not withdrawn within 14 days of the giving of the notice; and the objection or requirement is not withdrawn in that time. Money 9.6 If the contract ends in accordance with general condition 9.5, the deposit must be returned to the purchaser and neither party has a claim against the other in damages. 9.7 General condition 10.1 should be read, in respect of that part of the land which is not under the operation of the Transfer of Land Act 1958, as if the reference to registered proprietor is a reference to owner. 10. SETTLEMENT 10.1 At settlement: (a) the purchaser must pay the balance; and (b) the vendor must: (i) do all things necessary to enable the purchaser to become the registered proprietor of the land; and LAW INSTITUTE OF VICTORIA 12 CONTRACT OF SALE OF REAL ESTATE COPYRIGHT SEPTEMBER 2017 Lawsoft

14 (ii) give either vacant possession or receipt of rents and profits in accordance with the particulars of sale The vendor s obligations under this general condition continue after settlement Settlement must be conducted between the hours of 10.00a.m. and 4.00p.m. unless the parties agree otherwise. 11. PAYMENT 11.1 The purchaser must pay the deposit: (a) to the vendor s licensed estate agent; or (b) if there is no estate agent, to the vendor s legal practitioner or conveyancer; or (c) if the vendor directs, into a special purpose account in an authorised deposit-taking institution in Victoria specified by the vendor in the joint names of the purchaser and the vendor If the land sold is a lot on an unregistered plan of subdivision, the deposit: (a) must not exceed 10% of the price; and (b) must be paid to the vendor s estate agent, legal practitioner or conveyancer and held by the estate agent, legal practitioner or conveyancer on trust for the purchaser until the registration of the plan of subdivision The purchaser must pay all money other than the deposit: (a) to the vendor, or the vendor s legal practitioner or conveyancer; or (b) in accordance with a written direction of the vendor or the vendor s legal practitioner or conveyancer At settlement, payments may be made or tendered: (a) in cash; or (b) by cheque drawn on an authorised deposit-taking institution; or (c) if the parties agree, by electronically transferring the payment in the form of cleared funds For the purpose of this general condition authorised deposit-taking institution means a body corporate in relation to which an authority under section 9(3) of the Banking Act 1959 (Cth) is in force At settlement, the purchaser must pay the fees on up to three cheques drawn on authorised deposit-taking institution. If the vendor requests that any additional cheques be drawn on an authorised deposit-taking institution, the vendor must reimburse the purchaser for the fees incurred. 12. STAKEHOLDING 12.1 The deposit must be released to the vendor if: (a) the vendor provides particulars, to the satisfaction of the purchaser, that either- (i) there are no debts secured against the property; or (ii) if there are any debts, the total amount of those debts does not exceed 80% of the sale price; and (b) at least 28 days have elapsed since the particulars were given to the purchaser under paragraph (a); and (c) all conditions of section 27 of the Sale of Land Act 1962 have been satisfied The stakeholder must pay the deposit and any interest to the party entitled when the deposit is released, the contract is settled, or the contract is ended The stakeholder may pay the deposit and any interest into court if it is reasonable to do so. 13. GST 13.1 The purchaser does not have to pay the vendor any GST payable by the vendor in respect of a taxable supply made under this contract in addition to the price unless the particulars of sale specify that the price is plus GST. However the purchaser must pay to the vendor any GST payable by the vendor: (a) (b) (c) solely as a result of any action taken or intended to be taken by the purchaser after the day of sale, including a change of use; or if the particulars of sale specify that the supply made under this contract is of land on which a farming business is carried on and the supply (or part of it) does not satisfy the requirements of section of the GST Act; or if the particulars of sale specify that the supply made under this contract is of a going concern and the supply (or a part of it) does not satisfy the requirements of section of the GST Act The purchaser must pay to the vendor any GST payable by the vendor in respect of a taxable supply made under this contract in addition to the price if the particulars of sale specify that the price is plus GST If the purchaser is liable to pay GST, the purchaser is not required to make payment until provided with a tax invoice, unless the margin scheme applies If the particulars of sale specify that the supply made under this contract is of land on which a farming business is carried on: LAW INSTITUTE OF VICTORIA 13 CONTRACT OF SALE OF REAL ESTATE COPYRIGHT SEPTEMBER 2017 Lawsoft

15 (a) the vendor warrants that the property is land on which a farming business has been carried on for the period of 5 years preceding the date of supply; and (b) the purchaser warrants that the purchaser intends that a farming business will be carried on after settlement on the property If the particulars of sale specify that the supply made under this contract is a going concern : (a) (b) (c) the parties agree that this contract is for the supply of a going concern; and the purchaser warrants that the purchaser is, or prior to settlement will be, registered for GST; and the vendor warrants that the vendor will carry on the going concern until the date of supply If the particulars of sale specify that the supply made under this contract is a margin scheme supply, the parties agree that the margin scheme applies to this contract This general condition will not merge on either settlement or registration In this general condition: (a) (b) GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth); and GST includes penalties and interest. 14. LOAN 14.1 If the particulars of sale specify that this contract is subject to a loan being approved, this contract is subject to the lender approving the loan on the security of the property by the approval date or any later date allowed by the vendor The purchaser may end the contract if the loan is not approved by the approval date, but only if the purchaser: (a) immediately applied for the loan; and (b) did everything reasonably required to obtain approval of the loan; and (c) serves written notice ending the contract on the vendor within 2 clear business days after the approval date or any later date allowed by the vendor; and (d) is not in default under any other condition of this contract when the notice is given All money must be immediately refunded to the purchaser if the contract is ended. 15. ADJUSTMENTS 15.1 All periodic outgoings payable by the vendor, and any rent and other income received in respect of the property must be apportioned between the parties on the settlement date and any adjustments paid and received as appropriate The periodic outgoings and rent and other income must be apportioned on the following basis: (a) the vendor is liable for the periodic outgoings and entitled to the rent and other income up to and including the day of settlement; and (b) the land is treated as the only land of which the vendor is owner (as defined in the Land Tax Act 2005); and (c) the vendor is taken to own the land as a resident Australian beneficial owner; and (d) any personal statutory benefit available to each party is disregarded in calculating apportionment. Transactional 16. TIME 16.1 Time is of the essence of this contract Time is extended until the next business day if the time for performing any action falls on a Saturday, Sunday or bank holiday. 17. SERVICE 17.1 Any document sent by (a) post is taken to have been served on the next business day after posting, unless proved otherwise; (b) is taken to have been served at the time of receipt within the meaning of section 13A of the Electronic Transactions (Victoria ) Act Any demand, notice, or document required to be served by or on any party may be served by or on the legal practitioner or conveyancer for that party. It is sufficiently served if served on the party or on the legal practitioner or conveyancer: (a) (b) (c) personally; or by pre-paid post; or in any manner authorised by law or the Supreme Court for service of documents, including any manner authorised for service on or by a legal practitioner; or LAW INSTITUTE OF VICTORIA 14 CONTRACT OF SALE OF REAL ESTATE COPYRIGHT SEPTEMBER 2017 Lawsoft

16 (d) by This general condition applies to the service of any demand, notice or document by or on any party, whether the expression give or serve or any other expression is used. 18. NOMINEE The purchaser may nominate a substitute or additional transferee, but the named purchaser remains personally liable for the due performance of all the purchaser s obligations under this contract. 19. LIABILITY OF SIGNATORY Any signatory for a proprietary limited company purchaser is personally liable for the due performance of the purchaser s obligations as if the signatory were the purchaser in the case of a default by a proprietary limited company purchaser. 20. GUARANTEE The vendor may require one or more directors of the purchaser to guarantee the purchaser s performance of this contract if the purchaser is a proprietary limited company. 21. NOTICES The purchaser is responsible for any notice, order, demand or levy imposing liability on the property that is issued or made on or after the day of sale that does not relate to periodic outgoings. The purchaser may enter the property to comply with that responsibility where action is required before settlement. 22. INSPECTION The purchaser and/or another person authorised by the purchaser may inspect the property at any reasonable time during the 7 days preceding and including the settlement day. 23. TERMS CONTRACT 23.1 If this is a terms contract as defined in the Sale of Land Act 1962: (a) any mortgage affecting the land sold must be discharged as to that land before the purchaser becomes entitled to possession or to the receipt of rents and profits unless the vendor satisfies section 29M of the Sale of Land Act 1962; and (b) the deposit and all other money payable under the contract (other than any money payable in excess of the amount required to so discharge the mortgage) must be paid to a legal practitioner or conveyancer or a licensed estate agent to be applied in or towards discharging the mortgage While any money remains owing each of the following applies: (a) (b) (c) (d) (e) (f) the purchaser must maintain full damage and destruction insurance of the property and public risk insurance noting all parties having an insurable interest with an insurer approved in writing by the vendor; the purchaser must deliver copies of the signed insurance application forms, the policies and the insurance receipts to the vendor not less than 10 days before taking possession of the property or becoming entitled to receipt of the rents and profits; the purchaser must deliver copies of any amendments to the policies and the insurance receipts on each amendment or renewal as evidence of the status of the policies from time to time; the vendor may pay any renewal premiums or take out the insurance if the purchaser fails to meet these obligations; insurance costs paid by the vendor under paragraph (d) must be refunded by the purchaser on demand without affecting the vendor s other rights under this contract; the purchaser must maintain and operate the property in good repair (fair wear and tear excepted) and keep the property safe, lawful, structurally sound, weatherproof and free from contaminations and dangerous substances; (g) (h) (i) the property must not be altered in any way without the written consent of the vendor which must not be unreasonably refused or delayed; the purchaser must observe all obligations that affect owners or occupiers of land; the vendor and/or other person authorised by the vendor may enter the property at any reasonable time to inspect it on giving 7 days written notice, but not more than twice in a year. 24. LOSS OR DAMAGE BEFORE SETTLEMENT 24.1 The vendor carries the risk of loss or damage to the property until settlement The vendor must deliver the property to the purchaser at settlement in the same condition it was in on the day of sale, except for fair wear and tear The purchaser must not delay settlement because one or more of the goods is not in the condition required by general condition 24.2, but may claim compensation from the vendor after settlement The purchaser may nominate an amount not exceeding $5,000 to be held by a stakeholder to be appointed by the parties if the property is not in the condition required by general condition 24.2 at settlement. LAW INSTITUTE OF VICTORIA 15 CONTRACT OF SALE OF REAL ESTATE COPYRIGHT SEPTEMBER 2017 Lawsoft

17 24.5 The nominated amount may be deducted from the amount due to the vendor at settlement and paid to the stakeholder, but only if the purchaser also pays an amount equal to the nominated amount to the stakeholder The stakeholder must pay the amounts referred to in general condition 24.5 in accordance with the determination of the dispute, including any order for payment of the costs of the resolution of the dispute. 25. BREACH A party who breaches this contract must pay to the other party on demand: (a) (b) compensation for any reasonably foreseeable loss to the other party resulting from the breach; and any interest due under this contract as a result of the breach. Default 26. INTEREST Interest at a rate of 2% per annum plus the rate for the time being fixed by section 2 of the Penalty Interest Rates Act 1983 is payable on any money owing under the contract during the period of default, without affecting any other rights of the offended party. 27. DEFAULT NOTICE 27.1 A party is not entitled to exercise any rights arising from the other party s default, other than the right to receive interest and the right to sue for money owing, until the other party is given and fails to comply with a written default notice The default notice must: (a) (b) specify the particulars of the default; and state that it is the offended party s intention to exercise the rights arising from the default unless, within 14 days of the notice being given - (i) (ii) the default is remedied; and the reasonable costs incurred as a result of the default and any interest payable are paid. 28. DEFAULT NOT REMEDIED 28.1 All unpaid money under the contract becomes immediately payable to the vendor if the default has been made by the purchaser and is not remedied and the costs and interest are not paid The contract immediately ends if: (a) (b) the default notice also states that unless the default is remedied and the reasonable costs and interest are paid, the contract will be ended in accordance with this general condition; and the default is not remedied and the reasonable costs and interest are not paid by the end of the period of the default notice If the contract ends by a default notice given by the purchaser: (a) (b) (c) the purchaser must be repaid any money paid under the contract and be paid any interest and reasonable costs payable under the contract; and all those amounts are a charge on the land until payment; and the purchaser may also recover any loss otherwise recoverable If the contract ends by a default notice given by the vendor: (a) (b) (c) the deposit up to 10% of the price is forfeited to the vendor as the vendor s absolute property, whether the deposit has been paid or not; and the vendor is entitled to possession of the property; and in addition to any other remedy, the vendor may within one year of the contract ending either: (i) (ii) retain the property and sue for damages for breach of contract; or resell the property in any manner and recover any deficiency in the price on the resale and any resulting expenses by way of liquidated damages; and (d) (e) the vendor may retain any part of the price paid until the vendor s damages have been determined and may apply that money towards those damages; and any determination of the vendor s damages must take into account the amount forfeited to the vendor The ending of the contract does not affect the rights of the offended party as a consequence of the default. LAW INSTITUTE OF VICTORIA 16 CONTRACT OF SALE OF REAL ESTATE COPYRIGHT SEPTEMBER 2017 Lawsoft

18 Section 32 Statement This statement is given by the Vendor relating to the Land. It contains the matters and has attached to it the documents specified by Division 2 of Part II of the Sale of Land Act Land: Plan Reference: Address: Vendor: Volume Folio 000 Lot 1105 on Plan of Subdivision PS631843C Sandy Hill Apartments Apartment 105, 222 Bay Road Sandringham Gail Pascoe Note: Where the proposed sale of the Land does not require it, information that is not relevant or not required in relation to the proposed sale has not been included in this statement. It is the Vendor s obligation to ensure that all the required information is included. This statement is to be signed by the Vendor and given to the Purchaser, before a Purchaser signs a contract of sale in relation to the Land, as this statement is incorporated into and forms part of that contract. 1. Financial Matters Particulars of any rates, taxes charges or other similar outgoings (and any interest on them). This information DOES NOT include owners corporation charges which are separately addressed below: 1.1 Are contained in the attached certificates. 1.2 There are no amounts for which the purchaser may become liable as a consequence of the sale of which the vendor might reasonably be expected to have knowledge (other than any GST payable in accordance with the contract). 1.3 Particulars of any charge (whether registered or not) imposed by or under any Act to secure an amount due under that Act, including an amount owing under the charge Not applicable 2. Land Use 2.1 Easements, covenants and other similar restrictions (a) (b) A description of any easement covenant or similar restriction affecting the land (whether registered or unregistered) Is in the attached copies of title document/s- Section 173 Agreement AL381676S Particulars of any existing failure to comply with the terms of the documents listed are - None to the Vendors knowledge. 2.2 There IS road access to the land. 2.3 The land IS NOT in a Designated Bushfire Prone Area 2.4 A certificate that contain the specified information about Planning is attached. 3. Notices 3.1 Notice, order, declaration, report or recommendation Particulars of any notice, order, declaration, report or recommendation of a public authority or government department or approved proposal directly and currently affecting the land, being a notice, order, declaration, report, recommendation or approved proposal of which the vendor might reasonably be expected to have knowledge:

19 The vendor is not aware of any. 3.2 Agricultural chemicals There are NO Notices, property management plans, reports or orders in respect of the land issued by a government department or public authority in relation to livestock disease or contamination by agricultural chemicals affecting the ongoing use of the land for agricultural purposes 4. Building permits Particulars of any building permit issued under the Building Act 1993 in the preceding 7 years (required only where there is a residence on the land) are contained in the attached the Building Permits 5. Owners corporations The land is affected by an owners corporation within the meaning of the Owners Corporation Act Attached is a current owners corporation certificate with its required accompanying documents and statements, issued in accordance with section 151 of the Owners Corporations Act Information about charges is included in the Certificate; 6. Services These services ARE connected to the land: Electricity supply, Gas Supply, Water Supply and Sewerage These services ARE NOT connected to the land: Telephone services 7. Attachments to, and forming part of, this Vendors Statement Ownership of the land 7.1 Register search statement(s) for: Volume Folio Copy/ies of plan: Plan of Subdivision PS631843C 7.3 Section 173 Agreement AL381676S Planning 7.4 Planning Certificate Other Certificates 7.5 Council Land Information Certificate 7.6 Water Authority Information Statement 7.7 Owners Corporation Certificates 7.8 Roads Certificate 7.9 Land Tax Clearance Certificate 7.10 Building Permits 7.11 Occupancy Permit 7.12 Land Vic Property Report DATE OF THIS STATEMENT / /2018 Signature/s of the Vendor... Gail Pascoe The purchaser acknowledges being given a duplicate of this statement signed by the vendor and a copy of the due diligence checklist before the purchaser signed any Contract. DATE OF THIS ACKNOWLEDGEMENT / /2018 Signature/s of the Purchaser...

20 Due Diligence Checklist What you need to know before buying a residential property Before you buy a home, you should be aware of a range of issues that may affect that property and impose restrictions or obligations on you, if you buy it. This checklist aims to help you identify whether any of these issues will affect you. The questions are a starting point only and you may need to seek professional advice to answer some of them. You can find links to organisations and web pages that can help you learn more, by visiting consumer.vic.gov.au/duediligencechecklist. Urban living Moving to the inner city? High density areas are attractive for their entertainment and service areas, but these activities create increased traffic as well as noise and odours from businesses and people. Familiarising yourself with the character of the area will give you a balanced understanding of what to expect. Is the property subject to an owners corporation? If the property is part of a subdivision with common property such as driveways or grounds, it may be subject to an owners corporation. You may be required to pay fees and follow rules that restrict what you can do on your property, such as a ban on pet ownership. Growth areas Are you moving to a growth area? You should investigate whether you will be required to pay a growth areas infrastructure contribution. Flood and fire risk Does this property experience flooding or bushfire? Properties are sometimes subject to the risk of fire and flooding due to their location. You should properly investigate these risks and consider their implications for land management, buildings and insurance premiums. If you are looking at property in a rural zone, consider: Is the surrounding land use compatible with your lifestyle expectations? Farming can create noise or odour that may be at odds with your expectations of a rural lifestyle. Are you considering removing native vegetation? There are regulations which affect your ability to remove native vegetation on private property. Do you understand your obligations to manage weeds and pest animals? Can you build new dwellings? Does the property adjoin crown land, have a water frontage, contain a disused government road, or are there any crown licences associated with the land? Is there any earth resource activity such as mining in the area? You may wish to find out more about exploration, mining and quarrying activity on or near the property and consider the issue of petroleum, geothermal and greenhouse gas sequestration permits, leases and licences, extractive industry authorisations and mineral licences. Soil and groundwater contamination Has previous land use affected the soil or groundwater? You should consider whether past activities, including the use of adjacent land, may have caused contamination at the site and whether this may prevent you from doing certain things to or on the land in the future. Rural properties Moving to the country? Land boundaries Do you know the exact boundary of the property? You should compare the measurements shown

21 on the title document with actual fences and buildings on the property, to make sure the boundaries match. If you have concerns about this, you can speak to your lawyer or conveyancer, or commission a site survey to establish property boundaries. Planning controls Can you change how the property is used, or the buildings on it? All land is subject to a planning scheme, run by the local council. How the property is zoned and any overlays that may apply, will determine how the land can be used. This may restrict such things as whether you can build on vacant land or how you can alter or develop the land and its buildings over time. The local council can give you advice about the planning scheme, as well as details of any other restrictions that may apply, such as design guidelines or bushfire safety design. There may also be restrictions known as encumbrances on the property s title, which prevent you from developing the property. You can find out about encumbrances by looking at the section 32 statement. Are there any proposed or granted planning permits? The local council can advise you if there are any proposed or issued planning permits for any properties close by. Significant developments in your area may change the local character (predominant style of the area) and may increase noise or traffic near the property. Safety Is the building safe to live in? Building laws are in place to ensure building safety. Professional building inspections can help you assess the property for electrical safety, possible illegal building work, adequate pool or spa fencing and the presence of asbestos, termites, or other potential hazards. Building permits Have any buildings or retaining walls on the property been altered, or do you plan to alter them? There are laws and regulations about how buildings and retaining walls are constructed, which you may wish to investigate to ensure any completed or proposed building work is approved. The local council may be able to give you information about any building permits issued for recent building works done to the property, and what you must do to plan new work. You can also commission a private building surveyor s assessment. Are any recent building or renovation works covered by insurance? Ask the vendor if there is any owner-builder insurance or builder s warranty to cover defects in the work done to the property. Utilities and essential services Does the property have working connections for water, sewerage, electricity, gas, telephone and internet? Unconnected services may not be available, or may incur a fee to connect. You may also need to choose from a range of suppliers for these services. This may be particularly important in rural areas where some services are not available. Buyers rights Do you know your rights when buying a property? The contract of sale and section 32 statement contain important information about the property, so you should request to see these and read them thoroughly. Many people engage a lawyer or conveyancer to help them understand the contracts and ensure the sale goes through correctly. If you intend to hire a professional, you should consider speaking to them before you commit to the sale. There are also important rules about the way private sales and auctions are conducted. These may include a cooling-off period and specific rights associated with off the plan sales. The important thing to remember is that, as the buyer, you have rights

22 Register Search Statement - Volume Folio 000 Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information. REGISTER SEARCH STATEMENT (Title Search) Transfer of Land Act VOLUME FOLIO 000 Security no : M Produced 29/01/ :43 am LAND DESCRIPTION Lot 1105 on Plan of Subdivision C. PARENT TITLES : Volume Folio 068 Volume Folio 432 Created by instrument PS631843C 15/10/2014 REGISTERED PROPRIETOR Estate Fee Simple Sole Proprietor GAIL PASCOE of UNIT BAY ROAD SANDRINGHAM VIC 3191 AL491703D 17/11/2014 ENCUMBRANCES, CAVEATS AND NOTICES MORTGAGE AL491704B 17/11/2014 COMMONWEALTH BANK OF AUSTRALIA Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section 24 Subdivision Act 1988 and any other encumbrances shown or entered on the plan set out under DIAGRAM LOCATION below. AGREEMENT Section 173 Planning and Environment Act 1987 AL381676S 25/09/2014 DIAGRAM LOCATION SEE PS631843C FOR FURTHER DETAILS AND BOUNDARIES ACTIVITY IN THE LAST 125 DAYS NIL END OF REGISTER SEARCH STATEMENT Additional information: (not part of the Register Search Statement) Street Address: UNIT BAY ROAD SANDRINGHAM VIC 3191 ADMINISTRATIVE NOTICES NIL ect Control 15940N COMMONWEALTH BANK OF AUSTRALIA Effective from 23/10/2016

23 OWNERS CORPORATIONS The land in this folio is affected by OWNERS CORPORATION 1 PLAN NO. PS631843C OWNERS CORPORATION 2 PLAN NO. PS631843C DOCUMENT END Delivered from the LANDATA System by SAI Global Property Division Pty Ltd Delivered at 29/01/2018, for Order Number Your reference: JA Pascoe.

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125 Department of Environment, Land, Water & Planning Owners Corporation Search Report Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information. Produced: 29/01/ :44:43 AM OWNERS CORPORATION 1 PLAN NO. PS631843C The land in PS631843C is affected by 5 Owners Corporation(s) Land Affected by Owners Corporation: Common Properties 1-5, Lots 1-7, , , , , 1500, 1501, , , , , , , 2128, , , , , , , , , , 2520, C1, C2, C7, C8, C9, C10, C11, C12, C13, C14, C15, C16, C17, C18, C19, C20, C21, C40, C46, C48, C60, C61, C63, C67, C69, C71, C75, C76, C81, C82, C83, C84, C85, C86, C89, C90, C95, C105, C107, C112, C115, C117, C119, C124, C127, C128, C129, C130, C131, C201, C202, C203, C204, C205, C206, C207, C208, C209, C210, C211, C212, C213, C214, C215, C216, C217, C218, C219, C220, C221, C222, C223, C224, C225, C226, C227, C228, C229, C230, C231, C232, C233, C234, C235, C236, C237, C238, C239, C240, C241, C242, C243, C244, C245, C246, C247, C248, C249, C250, C251, C252, C253, C254, C255, C256, C257, C258, C259, C260, C261, C262, C263, C264, C265, C266, C267, C268, C269, C270, P1, P2, P3, P4, P5, P6, P7, P8, P9, P10, P11, P12, P13, P14, P201, P202, P203, P204, P205, P206, P207, P208, P209, P210, P211, P212, P213, P214, P215, P216, P219, P220, P221, P222, P223. Limitations on Owners Corporation: Unlimited Postal Address for Services of Notices: BAY ROAD SANDRINGHAM VIC 3191 OC023619X 15/10/2014 Owners Corporation Manager: NIL Rules: Model Rules apply unless a matter is provided for in Owners Corporation Rules. See Section 139(3) Owners Corporation Act 2006 Owners Corporation Rules: 1. OC023622K 15/10/2014 Additional Owners Corporation Information: OC023619X 15/10/2014 Notations: Only the members of Owners Corporation 2 are entitled to use Common Property No. 2. Only the members of Owners Corporation 3 are entitled to use Common Property No. 3. Only the members of Owners Corporation 4 are entitled to use Common Property No. 4. Only the members of Owners Corporation 5 are entitled to use Common Property No. 5. Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Common Property Common Property Common Property LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 1 of 19

126 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:43 AM OWNERS CORPORATION 1 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Common Property Common Property Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 2 of 19

127 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:43 AM OWNERS CORPORATION 1 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 3 of 19

128 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:43 AM OWNERS CORPORATION 1 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 4 of 19

129 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:43 AM OWNERS CORPORATION 1 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 5 of 19

130 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:43 AM OWNERS CORPORATION 1 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 6 of 19

131 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:43 AM OWNERS CORPORATION 1 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 7 of 19

132 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:43 AM OWNERS CORPORATION 1 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 8 of 19

133 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:43 AM OWNERS CORPORATION 1 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 9 of 19

134 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:43 AM OWNERS CORPORATION 1 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 10 of 19

135 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:43 AM OWNERS CORPORATION 1 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 11 of 19

136 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:43 AM OWNERS CORPORATION 1 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 12 of 19

137 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:43 AM OWNERS CORPORATION 1 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot C1 3 3 Lot C2 3 3 Lot C7 3 3 Lot C8 3 3 Lot C9 3 3 Lot C Lot C LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 13 of 19

138 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:43 AM OWNERS CORPORATION 1 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 14 of 19

139 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:43 AM OWNERS CORPORATION 1 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 15 of 19

140 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:43 AM OWNERS CORPORATION 1 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 16 of 19

141 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:43 AM OWNERS CORPORATION 1 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot P1 1 1 Lot P2 1 1 Lot P3 1 1 Lot P4 1 1 LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 17 of 19

142 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:43 AM OWNERS CORPORATION 1 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot P5 1 1 Lot P6 1 1 Lot P7 1 1 Lot P8 1 1 Lot P9 1 1 Lot P Lot P Lot P Lot P Lot P Lot P Lot P Lot P Lot P Lot P Lot P Lot P Lot P Lot P Lot P Lot P Lot P Lot P Lot P Lot P Lot P Lot P Lot P Lot P LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 18 of 19

143 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:43 AM OWNERS CORPORATION 1 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot P Lot P Total From 31 December 2007 every Body Corporate is deemed to be an Owners Corporation. Any reference to a Body Corporate in any Plan, Instrument or Folio is to be read as a reference to an Owners Corporation. Statement End. LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 19 of 19

144 Department of Environment, Land, Water & Planning Owners Corporation Search Report Copyright State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968 (Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the form obtained from the LANDATA REGD TM System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the information. Produced: 29/01/ :44:45 AM OWNERS CORPORATION 2 PLAN NO. PS631843C The land in PS631843C is affected by 5 Owners Corporation(s) Land Affected by Owners Corporation: Common Property 2, Lots , , , , 1500, 1501, , , , , , C1, C2, C7, C8, C9, C10, C11, C12, C13, C14, C15, C16, C17, C18, C19, C20, C21, C40, C46, C48, C60, C61, C63, C67, C69, C71, C75, C76, C81, C82, C83, C84, C85, C86, C89, C90, C95, C105, C107, C112, C115, C117, C119, C124, C127, C128, C129, C130, C131, P1, P2, P3, P4, P5, P6, P7, P8, P9, P10, P11, P12, P13, P14. Limitations on Owners Corporation: Limited to Common Property Postal Address for Services of Notices: BAY ROAD SANDRINGHAM VIC 3191 OC023620P 15/10/2014 Owners Corporation Manager: NIL Rules: Model Rules apply unless a matter is provided for in Owners Corporation Rules. See Section 139(3) Owners Corporation Act 2006 Owners Corporation Rules: 1. OC023839H 15/10/2014 Additional Owners Corporation Information: OC023620P 15/10/2014 Notations: Folio of the Register for Common Property No. 2 is in the name of Owners Corporation 1. Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Common Property Lot Lot Lot Lot Lot Lot LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 1 of 10

145 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:45 AM OWNERS CORPORATION 2 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 2 of 10

146 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:45 AM OWNERS CORPORATION 2 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 3 of 10

147 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:45 AM OWNERS CORPORATION 2 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 4 of 10

148 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:45 AM OWNERS CORPORATION 2 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 5 of 10

149 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:45 AM OWNERS CORPORATION 2 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 6 of 10

150 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:45 AM OWNERS CORPORATION 2 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 7 of 10

151 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:45 AM OWNERS CORPORATION 2 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot Lot C1 3 3 Lot C2 3 3 Lot C7 3 3 Lot C8 3 3 Lot C9 3 3 Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 8 of 10

152 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:45 AM OWNERS CORPORATION 2 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C Lot C LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 9 of 10

153 Department of Environment, Land, Water & Planning Owners Corporation Search Report Produced: 29/01/ :44:45 AM OWNERS CORPORATION 2 PLAN NO. PS631843C Entitlement and Liability: NOTE Folio References are only provided in a Premium Report. Land Parcel Entitlement Liability Lot C Lot C Lot C Lot P1 1 1 Lot P2 1 1 Lot P3 1 1 Lot P4 1 1 Lot P5 1 1 Lot P6 1 1 Lot P7 1 1 Lot P8 1 1 Lot P9 1 1 Lot P Lot P Lot P Lot P Lot P Total From 31 December 2007 every Body Corporate is deemed to be an Owners Corporation. Any reference to a Body Corporate in any Plan, Instrument or Folio is to be read as a reference to an Owners Corporation. Statement End. LAND USE VICTORIA, 2 Lonsdale Street Melbourne Victoria 3000 GPO Box 527 Melbourne VIC 3001, DX Telephone: (03) Facsimile: ABN Page 10 of 10

154 CERTIFICATE No: DATE: 29/01/2018 PLANNING CERTIFICATE Client: Whiting Lawyers Matter Ref: Queen Street Vendor: GAIL PASCOE MELBOURNE 3000 Purchaser: Subject Property: UNIT 105, 222 BAY ROAD SANDRINGHAM VIC 3191 Title Particulars: Vol Fol 000 Municipality: BAYSIDE Planning Scheme: BAYSIDE PLANNING SCHEME Responsible Authority for administering and enforcing the Scheme: BAYSIDE CITY COUNCIL Zone: MIXED USE ZONE Abuttal to a Road Zone or a Public Acquisition Overlay for a Proposed Road or Road Widening: ABUTS A ROAD ZONE - CATEGORY 1 (BAY ROAD) Design and Development Overlay: Not Applicable Development Contributions Plan Overlay: DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY - SCHEDULE 1 Development Plan Overlay: Not Applicable Environmental Audit Overlay: ENVIRONMENTAL AUDIT OVERLAY Environmental Significance Overlay: Not Applicable Heritage Overlay: Not Applicable Public Acquisition Overlay: Not Applicable Significant Landscape Overlay: Not Applicable Special Building Overlay: PART SPECIAL BUILDING OVERLAY Vegetation Protection Overlay: Not Applicable Other Overlays: Not Applicable Proposed Planning Scheme Amendments: BAYSIDE C150 PROPOSES TO MODIFY THE BAYSIDE PLANNING SCHEME BY AMENDING POLICY STATEMENTS OF THE MUNICIPAL STRATEGIC STATEMENT AND LOCAL PLANNING POLICY IMPACTED BY THE FINDINGS FROM THE 'BAYSIDE RETAIL, COMMERCIAL AND EMPLOYMENT STRATEGY, AUGUST 2016'; BAYSIDE C153 PROPOSES TO INCLUDE PART OF THE SUBJECT PROPERTY IN A REVISED SPECIAL BUILDING OVERLAY Additional Notes: STATE-WIDE PROVISIONS IF AN APARTMENT DEVELOPMENT - SEE PLANNING SCHEME CLAUSE AND CLAUSE 58 The information source for each entry on this certificate has been checked and if shown as Not Applicable does not apply to the subject property. In addition to Planning Scheme Zone and Overlay Provisions, Victorian Planning Schemes comprise the State Planning Policy Framework, the Local Planning Policy Framework, Particular Provisions and General Provisions. Strategies, policies and provisions detailed in these sections of the Planning Scheme may affect the use and development of land. SAI Global Property Division Pty Ltd ACN SAI Global Property, Level Spencer Street, WEST MELBOURNE VIC 3003 DX: 502 Melbourne Tel: Fax: (03) Page 1 of 3

155 CERTIFICATE No: DATE: 29/01/2018 PLANNING CERTIFICATE SAI Global Property Division Pty Ltd ACN SAI Global Property, Level Spencer Street, WEST MELBOURNE VIC 3003 DX: 502 Melbourne Tel: Fax: (03) Page 2 of 3

156 CERTIFICATE No: DATE: 29/01/2018 PLANNING CERTIFICATE SAI Global Property Division Pty Ltd ACN SAI Global Property, Level Spencer Street, WEST MELBOURNE VIC 3003 DX: 502 Melbourne Tel: Fax: (03) Page 3 of 3

157 Assessment/Reference Number Please quote this number when requiring information in regard to this certificate. Certificate Number: See BPAY payment details on next page Your Reference: /02/2018 e Ba^sitle 76 Royal Avenue PO Box 27 SANDRINGHAM VIC 3191 enquiries@bayside.vic.gov.au Telephone Order online at: bayside.vic.gov.au/rates Please telephone Revenue Services on to update this certificate PLEASE NOTE - AN UPDATE OF THIS CERTIFICATE MAY BE OBTAINED VERBALLY WITHIN 3 CALENDAR MONTHS FROM THE DATE OF THE CERTIFICATE AND INFORMATION WILL BE ON A WITHOUT PREJUDICE BASIS. SAI Global Property Normanby Rd SOUTHBANK VIC LAND INFORMATION CERTIFICATE This certificate provides information regarding valuation, rates, charges and other moneys owing under the Local Government Act 1989, the Local Government Act 1958 or under a Local Law of the Council and is for the financial year ending on the 30th June This certificate is not required to include information regarding planning, building, health, land fill, land slip, flooding information or service easements. Information regarding these matters may be available from Council or the relevant authority. A fee may be charged for such information. Property Location: Title: Capital Improved Value: Site Value: Net Annual Value: Operative Valuation Date for Rating: Level of Value Date: Unit Bay Road SANDRINGHAM VIC 3191 LOT: 1105 PS: C $525, $35, $26, /07/ /01/ OUTSTANDING OR POTENTIAL LIABILITY/SUBDIVISIONAL REQUIREMENT: There are no moneys owed for works under the Local Government Act 1958 There is no potential liability for rates under the Cultural and Recreational Land Act 1963 There is no potential liability for land to become rateable under Section 173 or 174A of the Local Government Act 1989 unless stated in Other Information There is no outstanding amount required to be paid for recreational purposes or any transfer of land required to Council for recreational purposes Under Section 18 of the Subdivision Act 1988 of the Local Government Act 1958 There are no moneys owed under Section 227 of the Local Government Act 1989 other than those shown on Part 4 of this Certificate (Rates Charges and Other Moneys) 2. SPECIAL NOTES: In accordance with section 175 (1) of the Local Government Act 1989, a person who becomes the owner of rateable land must pay (a) any rate or charge on the land which is current; and (b) any arrears of rates or charges (including any interest on those rates or charges) on the land which are due and payable.

158 3. ASSESSMENT NO OTHER INFORMATION: 4. RATES CHARGES AND OTHER MONEYS: Due and payable in full by 15 February 2018 Rate Description Date Levied Levied Amount Residential Rate 01/07/2017 $ Waste Contribution Residential 01/07/2017 $67.27 Municipal Charge Residential 01/07/2017 $ Resid.Fire Services Property Levy 01/07/2017 $29.40 Resid.Fire Services Levy Fixed 01/07/2017 $ Arrears/Credit of Rates & Charges to 30/06/2017: $0.00 Interest from 1st July, 2017, and/or account rounding: $0.00 Other Moneys: $0.00 Discount Allowed: $0.00 Less Pension Pensioner Remission (Including Rates & Fire Services Levy): -$ Less Payments/Adjustments: -$ Debtors Total: $0.00 Rates and Charges Total: $ Total Due: $ NOTE: INTEREST WILL BE CHARGED ON OUTSTANDING AMOUNTS, EXCEPT FOR ANY AMOUNTS SHOWN AS OTHER MONEYS, AFTER 15TH FEBRUARY, 2018 OR AFTER THE DUE DATE OF AN INSTALMENT Assessment Number: Certificate Number: Completed Notice of Acquisitions should be submitted to Failure to lodge a completed Notice of Acquisition within one month of settlement is an offence. Penalty: 10 penalty units. Settlement payments for this property can be made to: PAY Biller Code Reference (Please do not use these payment details for any other payments) TCerel5^erT!T^Rafi!^!nR^!af^nR1^eRIT!cafe^R^n?om!aflor^1vern^^orrecnisc!osur^HR^afe^mcf moneys and interest payable to the Municipality of the BAYSIDE CITY COUNCIL pursuant to the Local Government Acts, Local Law or By-Law. Received the sum of $25.90 being the fee for this certificate. CERTIFICATE PREPARED BY AUTHORISED OFFICER

159 INFORMATION STATEMENT STATEMENT UNDER SECTION 158, WATER ACT 1989 SAI GLOBAL - PSP authority@property.saiglobal.com Statement for property: UNIT 105 LOT BAY ROAD SANDRINGHAM 3191 REFERENCE NO. YOUR REFERENCE DATE OF ISSUE CASE NUMBER 36C//08159/ : JAN Statement of Fees Imposed (a) By Other Authorities Parks Victoria - Parks Service Charge 01/07/2017 to 30/06/2018 $75.85 Melbourne Water Corporation Total Service Charges 01/01/2018 to 31/03/2018 $24.72 (b) By South East Water Water Service Charge 01/01/2018 to 31/03/2018 $30.27 Sewerage Service Charge 01/01/2018 to 31/03/2018 $96.12 Subtotal Service Charges $ Payments $75.85 TOTAL UNPAID BALANCE $ The meter at the property was last read on 15/11/2017. Fees accrued since that date may be estimated by reference to the following historical information about the property: Water Usage Charge Sewage Disposal Charge $0.33 per day $0.20 per day Financial Updates (free service) are only available online please go to (type / copy the complete address shown below): * Please Note: if usage charges appear above, the amount shown includes one or more of the following: Water Usage, Recycled Water Usage, Sewage Disposal, Fire Service Usage and Trade Waste Volumetric Fees. Interest may accrue on the South East Water charges listed in this statement if they are not paid by the due date as set out in the bill. AUTHORISED OFFICER: HAMISH REID GENERAL MANAGER CUSTOMER GROUP South East Water Information Statement Applications PO Box 2268, Seaford, VIC 3198

160 INFORMATION STATEMENT STATEMENT UNDER SECTION 158, WATER ACT 1989 The total annual service fees and volumetric fees for water usage and sewerage disposal for each class of property are set out at Updates of rates and other charges will only be provided for up to six months from the date of this statement. If the property is sold, the vendor is liable to pay all fees incurred in relation to the property until the vendor gives South East Water a Notice of Disposition of Land required by the Water (Disposition of Land) Regulations Please include the Reference Number set out above in that Notice. Fees relating to the property may change from year-to-year in accordance with the Essential Service Commission's Price Determination for South East Water. Every fee referred to above is a charge against the property and will be recovered from a purchaser of the property if it is not paid by the vendor. Information about when and how outstanding fees may be paid, collected and recovered is set out in the Essential Services Commission's Customer Service Code, Urban Water Businesses. If this Statement only sets out rates and fees levied by Parks Victoria and Melbourne Water, the property may not be connected to South East Water's works. To find out whether the property is, or could be connected upon payment of the relevant charges, or whether it is separately metered, telephone For a new connection to our water or sewer services, fees / charges will be levied. 2. Encumbrance Summary Where available, the location of sewers is shown on the attached plan. Please ensure where manholes appear, that they remain accessible at all times "DO NOT COVER". Where driveways/paving is proposed to be constructed over easements for water supply/sewerage purposes, or within 1 metre of a South East Water asset, the owner will be responsible for all costs associated with any demolition and or re-instatement works, necessary to allow maintenance and or repair of the asset effected. Where changes to the surface levels requires maintenance shafts/holes to be altered, all works must be carried out by South East Water approved contractors only. For information call For all other works, prior consent is required from south East Water for any construction over easements for water supply/sewerage purposes, or within 1 metre of a South East Water asset. Your property is traversed by or is within the vacinity of a Melbourne Water Asset as shown on the attached plan. Melbourne Water approval is required prior to any development or underground works on this property. For more information please visit or contact Melbourne Water provides main drainage services to this property, consistent with the standards that applied at the time Melbourne Water drainage system was constructed. In the event of a storm exceeding the design capacity of the underground drain /open drain, this property will be affected by overland flows. The estimated flood level for this property that has a probability of 1% in any one year is RL metres to Australian Height Datum (AHD). A licensed surveyor should be engaged to determine the exact effect of the applicable flood level on the property. For any further information contact Melbourne Water on ENCUMBRANCE ENQUIRY infostatements@sew.com.au If no plan is attached to this Statement, South East Water is not aware of any works belonging to South East Water being present on the property. AUTHORISED OFFICER: HAMISH REID GENERAL MANAGER CUSTOMER GROUP South East Water Information Statement Applications PO Box 2268, Seaford, VIC 3198

161 INFORMATION STATEMENT STATEMENT UNDER SECTION 158, WATER ACT 1989 If a plan is attached to this Statement, it indicates the nature of works belonging to South East Water, their approximate location, and the approximate location of any easement relating to those works. Important Warnings The map base for any attached plan is not created by South East Water which cannot and does not guarantee the accuracy, adequacy or completeness of any information in the plan, especially the exact location of any of South East Water s works, which may have changes since the attached plan was prepared. Their location should therefore be proven by hand before any works are commenced on the land. Unless South East Water s prior written approval is obtained, it is an offence to cause any structure to be built or any filling to be placed on a South East Water easement or within 1 metre laterally of any of its works or to permit any structure to be built above or below any such area. Any work that requires any South East Water manhole or maintenance shaft to be altered may only be done by a contractor approved by South East Water at the property owner s cost. If the owner builds or places filling in contravention of that requirement, the owner will be required to pay the cost of any demolition or re-instatement of work that South East Water considers necessary, in order to maintain, repair or replace its asset. This Statement does not include any information about current or outstanding consent issued for plumbing works on at the property. 3. Disclaimer This Statement does not contain all the information about the property that a prospective purchaser may wish to know. Accordingly, appropriate enquiries should be made of other sources and information. South East Water has prepared the information in this Statement with due care and diligence. It cannot and does not accept liability for any loss or damage arising from reliance on the information given, beyond the extent set out in section 155 of the Water Act 1989 and sections 18 and 29 of the Australian Consumer Law. AUTHORISED OFFICER: HAMISH REID GENERAL MANAGER CUSTOMER GROUP South East Water Information Statement Applications PO Box 2268, Seaford, VIC 3198

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165 Gail Pascoe 105/222 Bay Rd SANDRINGHAM VIC th February 2018 Dear Gail Pascoe Re: OWNERS CORPORATION CERTIFICATE - LOT 1105, PLAN NO. PS631843C-1 In response to your request, we now attach an Owners Corporation Certificate for Lot 1105 in Plan No. PS631843C-1 dated 13th February This certificate is intended for use for the purpose of section 151 of the Owners Corporation Act 2006 ("Act"). Pursuant to section 151(4)(b) of the Act, we also attach the following: (a) (b) (c) A copy of the Rules for this Owners Corporation; A statement of advice and information for prospective purchasers of a strata title lot in Victoria in accordance with Regulation 12 of the Owners Corporation Regulations 2007; and A copy of the minutes of the last annual general meeting of the Owners Corporation showing all resolutions passed at that meeting. Please note that if you require any further information on the matters reported in the attached Owners Corporation Certificate, you may inspect a copy of the Owners Corporation Register in accordance with section 150 of the Act. An inspection of the Register must be booked in advance by contacting our office during business hours or via at info@strataplan.com.au. Please note the inspection of the Register may require the payment of a fee. Yours faithfully Registered Manager Full name: Shenae Rigg Director of: Address of registered office: 13/02/2018 Date Letter subject to copyright Printed from Strataware -

166 OWNERS CORPORATION CERTIFICATE Section 151, Owners Corporation Act 2006 As at 13th February OWNERS CORPORATION DETAILS Plan Number: PS631843C-1 ( An unlimited for Plan No. PS631843C-2, PS631843C-5, PS631843C-3 ) Address of Plan: Bay Rd SANDRINGHAM VIC 3191 Lot Number this statement relates to: 1105 Unit Number this statement relates to: 105 Postal Address Level 13/222 Kings Way South Melbourne VIC CERTIFICATE DETAILS Vendor: Gail Pascoe Postal Address for Lot /222 Bay Rd SANDRINGHAM VIC 3191 Purchaser: Person requesting Certificate: Gail Pascoe Reference: ( Ref: : ) Address: 105/222 Bay Rd SANDRINGHAM VIC 3191 Fax: epropertysupport@saiglobal.com 3. CURRENT ANNUAL LEVY FEES FOR LOT 1105 ADMINISTRATIVE FUND The annual administrative levy fees for Lot 1105 are 2, per annum commencing on 1 July Levies for this plan are raised over 4 periods Period Amount Due Date Status 01/07/17 to 30/09/ /07/17 Paid 01/10/17 to 31/12/ /10/17 Paid 01/01/18 to 31/03/ /01/18 Paid 01/04/18 to 30/06/ /04/18 To be Issued Maintenance Fund The annual maintenance levy fees for Lot 1105 are per annum commencing on 1 July Levies for this plan are raised over 4 periods Period Amount Due Date Status 01/10/17 to 31/12/ /10/17 Paid 01/01/18 to 31/03/ /01/18 Paid 01/04/18 to 30/06/ /04/18 To be Issued Owners Corporation Certificate Owners Corporation 1 for Plan No. PS631843C Printed 13 FEB 2018 Page 1 Printed from Strataware -

167 OWNERS CORPORATION CERTIFICATE (Continued) As at 13th February 2018 For Plan No. PS631843C-1 - Lot CURRENT LEVY POSITION FOR LOT 1105 Fund Balance Paid To Administrative March 2018 Maintenance Fund March 2018 BALANCE SPECIAL LEVIES There are currently no special levy fees due for Lot OTHER CHARGES There are currently no additional charges payable by Lot 1105 that relate to work performed by the owners corporation or some other act that incurs additional charge. 7. FUNDS HELD BY OWNERS CORPORATION The owners corporation holds the following funds as at 13 February 2018: Account / Fund Amount Administrative Fund 8, Maintenance Fund 48, TOTAL FUNDS HELD AS AT 13 FEBRUARY 2018 $56, INSURANCE The owners corporation currently has the following insurance cover in place: Policy Policy No Expiry Date 17-September-2018 Insurance Company Chubb Insurance Company of Australia Broker Alliance Insurance Broking Services Premium Cover Type Amount of Cover Appeal Expenses $150,000 Building Catastrophe - Temporary Accommodation and $17,700,000 Common Area Contents $500,000 Crime Insurance $100,000 Damage (i.e. Building) Policy $118,000,000 Machinery Breakdown Insurance $100,000 Management Committee Liability $2,000,000 Professional Expenses $30,000 Property, Death and Injury (Public Liability) $20,000,000 Voluntary Workers Insurance $200,000 Owners Corporation Certificate Owners Corporation 1 for Plan No. PS631843C Printed 13 FEB 2018 Page 2 Printed from Strataware -

168 OWNERS CORPORATION CERTIFICATE (Continued) As at 13th February 2018 For Plan No. PS631843C-1 - Lot CONTINGENT LIABILITIES The owners corporation has the following contingent liabilities arising from legal proceedings not otherwise shown or budgeted for in items 3, 5 or 6 above: An application has been made to VCAT seeking permission to amend the planning permit to allow the development of an additional floor on central building approved under planning permit and to amend conditions included on the planning permit. VCAT REF: PS2524/2017. For further information please contact Best Hooper Lawyers /o Lucy Eastoe CONTRACTS OR AGREEMENTS AFFECTING COMMON PROPERTY The owners corporation has entered into or intends to enter in the foreseeable future the following contracts affecting the common property: Date of Contract Name of Contractor Status Brief Description Blueprint Developments Current Use & rights over common Property United Energy Current Use of Common Property for Substation iinet Current For Communication Services 01/01/1900 Waste Wise Environmental Current Waste Management Pty Ltd - Accounts 26/03/2014 Becker Developments Pty Current Building Management Services Ltd 26/03/2014 Building Link Current Software Services 21/10/2014 OC Energy Pty Ltd Current For Embedded network Services 21/10/2014 Waste Wise Environmental Current Waste Collection Pty Ltd - Accounts 24/08/2015 Automatic Gates Current Gate System Maintenance 01/03/2016 Mr. Alan Ryan Origin Current Gas Supply Centralised Hot Water 23/03/2017 Cold Flow - Heating Current Mechanical Ventilation Cooling & Mechanical 28/11/2017 Technogym Australia Pty Ltd Technogym Australia Pt Current Gynasium Equipment Servicing 11. AUTHORITIES OR DEALINGS AFFECTING COMMON PROPERTY The following authorities or dealings affecting the common property has been granted by the owners corporation: Date of Resolution Granted to Lot Area of Common Property Affected Type of Authority or Dealing 1519 Pet Authority Other 25/09/2014 Robyn Philippa Johnstone 519/222 Bay Rd Sandringha 25/07/2016 PS631843C-5 OC5 Delegation to OC1 25/07/2016 PS631843C-2 OC2 Delegation to OC1 25/07/2016 PS631843C-3 OC3 Delegation to OC1 01/05/2017 Alexander Donald Buchanan Pet Authority Owners Corporation Certificate Owners Corporation 1 for Plan No. PS631843C Printed 13 FEB 2018 Page 3 Printed from Strataware -

169 OWNERS CORPORATION CERTIFICATE (Continued) As at 13th February 2018 For Plan No. PS631843C-1 - Lot AGREEMENTS TO PROVIDE SERVICES The owners corporation has made the following agreements to provide services to lot owners and occupiers or the general public for a fee: Date of Agreement Name of Service Provider Agreement provided to Status Brief Description Foxtel Current For communication Services 21/10/2014 Strata Plan Current Owners Corporation Management Services 13. NOTICES OR ORDERS The owners corporation currently has no orders or notices served in the last 12 months that have not been satisfied. 14. CURRENT OR FUTURE PROCEEDINGS The owners corporation is currently a party to proceedings or is aware of the following circumstances which may give rise to proceedings: Title Ordered Received Type Name Status Debt Recovery Please contact Impending Strata Plan Dispute Resolutions Please contact Strata Plan Impending 15. APPOINTMENT OF AN ADMINISTRATOR The owners corporation is not aware of an application or a proposal for the appointment of an administrator. 16. PROFESSIONAL MANAGER DETAILS Name of Manager: Strata Plan ABN / ACN: Address of Manager: Level 13/222 Kings Way South Melbourne VIC 3205 Telephone: Facsimile: Address: 17. ADDITIONAL INFORMATION Nil. info@strataplan.com.au Owners Corporation Certificate Owners Corporation 1 for Plan No. PS631843C Printed 13 FEB 2018 Page 4 Printed from Strataware -

170 OWNERS CORPORATION CERTIFICATE (Continued) As at 13th February 2018 For Plan No. PS631843C-1 - Lot 1105 SIGNING The common seal of Owners Corporation No. 1, Plan No. PS631843C-1, was affixed and witnessed by and in the presence of the registered manager in accordance with Section 20(1) and Section 21(2A) of the Owners Corporation Act Registered Manager Full name: Shenae Rigg Director of: Address of registered office: Common Seal of Owners Corporation 13/02/2018 Date Owners Corporation Certificate Owners Corporation 1 for Plan No. PS631843C Printed 13 FEB 2018 Page 5 Printed from Strataware -

171 MINUTES OF ANNUAL GENERAL MEETING For OC1: Sandy Hill, Bay Rd SANDRINGHAM VIC 3191, Plan No. PS631843C-1 Location of meeting: Sandringham Football Club, Cnr Beach Road and Hampton St, Sandringham Date and time of meeting: Monday, 21st August :00 PM Meeting chaired by: Mario Gomizelj Meeting start time: 7:00 PM Meeting finish time: 8:35 PM Attendance The following owners were represented at the meeting: Unit: 105 Lot: 1105 Owner: Gail Pascoe Unit: 117 Lot: 1117 Owner: Julie Elizabeth Graham Unit: 216 Lot: 1216 Owner: Peter Raymond Murnane Unit: 322 Lot: 1322 Owner: Paul Richards Unit: 332 Lot: 1332 Owner: Luisa Fernanda Smith Unit: 406 Lot: 1406 Owner: Brian Joseph Cummins & Louise Naomi Gold Unit: 410 Lot: 1410 Owner: Albert Charles Sulzer & Anne Moina Sulzer Unit: 411 Lot: 1411 Owner: Vikram Jangra & Kamini Elise McLean Unit: 413 Lot: 1413 Owner: Ian Craig Brown Unit: 414 Lot: 1414 Owner: Jon Xavier Davies Unit: 426 Lot: 1426 Owner: Sallyann Clough Unit: 432 Lot: 1432 Owner: Ross Clark Bowden & Jennifer Kaye Bowden Unit: 501 Lot: 1501 Owner: Mario Gomizelj & Deanna Maria Gomizelj Unit: 508 Lot: 1508 Owner: Bruce Kaplan & Norah Mary Kaplan Unit: 519 Lot: 1519 Owner: Robyn Philippa Johnstone Unit: 523 Lot: 1523 Owner: Joan Bolt Unit: 527 Lot: 1527 Owner: Damaris Susan Smith & Paul Graham Levestam Unit: 601 Lot: 1601 Owner: Yvette Katarina Casa Unit: 608 Lot: 1608 Owner: Howard Michael O'Connell Unit: 611 Lot: 1611 Owner: Keith Gilhooley Unit: 615 Lot: 1615 Owner: Malcolm Campbell Unit: 701 Lot: 1701 Owner: Frank Banyai Unit: 709 Lot: 1709 Owner: Louise Maree Holland & Peter Joseph Holland Unit: 809 Lot: 1809 Owner: Faramarz & Helaleh Kholosi Unit: 108 Lot: 2108 Owner: Jennifer Anne Cooke & Wendy Joy Campbell Unit: 109 Lot: 2109 Owner: Donna Leonie & Trevor Kenneth Townley Unit: 113 Lot: 2113 Owner: Philip Anthony McConnell & Robyn Lois McConnell Unit: 114 Lot: 2114 Owner: Martin Dempster & Suzanne Dempster Unit: 115 Lot: 2115 Owner: Jordan Barry Unit: 126 Lot: 2126 Owner: Alistair William Fairley Unit: 128 Lot: 2128 Owner: Mirko & Ljubica Ostojic Unit: 213 Lot: 2213 Owner: Vanessa Hoi Lin Pac Soo Unit: 214 Lot: 2214 Owner: Lesley Anne Irving Unit: 215 Lot: 2215 Owner: Carmellina Zita Unit: 216 Lot: 2216 Owner: Barbara May Jensen-Schmidt Unit: 308 Lot: 2308 Owner: Michael Terence Price Unit: 309 Lot: 2309 Owner: John Wesley & Judith Lilian Moore Unit: 310 Lot: 2310 Owner: Danielle Claire Spargo & Matthew Donald Butt Unit: 312 Lot: 2312 Owner: Peter Philip Campbell & Caroline Pui- Fong Leung Campbell Unit: 316 Lot: 2316 Owner: Christopher Eric & Hayley Louise Martin Unit: 317 Lot: 2317 Owner: Georgina Dorothy Galvin & John Charles Montague Unit: 319 Lot: 2319 Owner: Zoe Kathryn Nina Richards Unit: 325 Lot: 2325 Owner: Kathleen Anne Graham Unit: 332 Lot: 2332 Owner: Daniel John Margheriti Unit: 414 Lot: 2414 Owner: Jinnie Dorothy Louise & Derek George Goodlake

172 Unit: 427 Lot: 2427 Owner: Marie Anne Keane Unit: 504 Lot: 2504 Owner: Philippa Girgin Unit: 514 Lot: 2514 Owner: Melanie Victoria Marwick Unit: 516 Lot: 2516 Owner: Joseph Colin Beech Unit: C12 Lot: C12 Owner: Malcolm Campbell Unit: C13 Lot: C13 Owner: Keith William Unit: C117 Lot: C117 Owner: Brian Joseph Cummins & Louise Naomi Gold Unit: C127 Lot: C127 Owner: Malcolm George Campbell Unit: C128 Lot: C128 Owner: Malcolm George Campbell Unit: C232 Lot: C232 Owner: Peter Philip Campbell & Caroline Pui-Fong Leung Campbell Unit: C246 Lot: C246 Owner: Philip Anthony McConnell & Robyn Lois McConnell Unit: C254 Lot: C254 Owner: Georgina Dorothy Galvin Unit: C257 Lot: C257 Owner: John Wesley & Judith Lilian Moore Unit: C261 Lot: C261 Owner: Jade Rhianne Taylor & Jan Ruth Gibson Unit: C265 Lot: C265 Owner: Daniela Tapia & Jordan Barry The following owners were present by proxy: Unit: 514 Lot: 1514 Owner: Kenneth Norwood Quinert Proxy: Tony Quinert Unit: 707 Lot: 1707 Owner: Sandy Hill Serviced Apartments Pty Ltd Proxy: Sam Jillett Unit: 116 Lot: 2116 Owner: Ross Andrew Bradshaw & Jan Ruth Gibson Proxy: Virginia D'ore Unit: 408 Lot: 2408 Owner: Jade Rhianne Taylor & Jan Ruth Gibson Proxy: Virginia D'ore Unit: C1 Lot: C1 Owner: Blueprint Developments Pty Ltd Proxy: Tony Quinert Unit: C201 Lot: C201 Owner: MF BAYROAD, AIR FOX, TQ BAYROAD, CG BAYROAD, 228 B Proxy: Tony Quinert Unit: C231 Lot: C231 Owner: Ross Andrew Bradshaw Proxy: Virginia D'ore The following owners gave their apologies: Unit: 331 Lot: 1331 Owner: Peter James Lucas Present By Invitation: Shenae Rigg (Strata Plan) Simon Chamaa (Strata Plan) Ashan Fernando (Strata Plan) Tania Krecul (Strata Plan) Ryan Hoy (Bayside Contracting) Ernie Becker (Bayside Contracting) Quorum With an attendance of 38% based on members a quorum was not achieved, interim decisions apply; Interim resolutions become resolutions of the owners corporation9 (a) subject to paragraphs (b) and (c), 29 days from the date of the interim resolution; or (b) if notice of a special general meeting is given within that 29 day period and the meeting is held within 28 days after the notice is given, only if confirmed at that meeting; or (c) if notice of a special general meeting is given within that 29 day period and the meeting is not held within 28 days after the notice is given, at the end of that 28 day period. Motions 1 Election of Chairperson of the Meeting Without dissent resolution Proposed by: Shenae Rigg Motion Code Yes votes: 67 No votes: 0 Abstain: 0 Carried It was resolved that Mario Gomizelj be elected as chair of the meeting. Post meeting note:

173 2 Adoption of Minutes Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 67 No votes: 0 Abstain: 0 Carried It was resolved that the minutes of the last annual general meeting of the Owners Corporation, held on 15/08/2016, be accepted as a true records of the Owners Corporation. Post meeting note: 3 Financial Statements Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 67 No votes: 0 Abstain: 0 Carried It was resolved that the financial statements be approved as true records of the Owners Corporation. Cash at bank balance $111, net assets $42, as at 30/06/2017. Post meeting note: 4 Audit of Financial Statements Without dissent resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 67 No votes: 0 Abstain: 0 Carried **It was noted that the Owners Corporations financial statements for the year ending 30/06/2017 are currently being audited and will be provided to the Committee upon completion. Post meeting note: 5 Cost and Debt Recovery Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 67 No votes: 0 Abstain: 0 Carried

174 It was resolved that all costs and expenses arising out of any breach by a lot owner, or an occupier of a lot, of an obligation imposed on that person under the Act, the Regulations, these and any other Rules or relevant laws, incurred by the Owners Corporation, including any costs and charges payable by the Owners Corporation to the manager or otherwise (but excluding the personal time cost of any person acting in an honorary capacity including the chairperson secretary or committee member of the owners corporation) shall be payable by any member in default or breach. The costs charges and expenses shall be due and payable as a debt due by the person in default or breach to the Owners Corporation. It was resolved that all costs associated with repairs, maintenance, leak investigations or other works relevant to private property or for the benefit of a lot, incurred by the Owners Corporation shall be passed on the lot owner affected or serving to benefit. The costs charges and expenses shall be due and payable as a debt due by the lot owner in default or breach to the Owners Corporation. It was resolved that all costs incurred by the Owners Corporation as a result of charges arising from a breach or obligation by a lot owner, or an occupier of a lot (ie: from the false fire alarms, fire brigade charges, or relevant authority charges), shall be payable by any member in default or breach. The costs charges and expenses shall be due and payable as a debt due by lot owner in default or breach to the Owners Corporation. It was resolved that in the event that the Melbourne Fire Brigade is called out to the building as a result of the activation of a false fire alarm and the cause of the alarm is found to originate from a lot, the lot owner and/or the occupier of the lot will be jointly and severably liable to pay any and all associated costs and charges connected to a false fire alarm. It was resolved that a lot owner or occupier will be jointly and severably liable to pay all costs and charges connected to the false fire alarm regardless of whether the activation of the fire alarm was caused by a wilful, negligent, foreseeable, or unforeseeable action or inaction. It was resolved that all lot owners indemnify the Owners Corporation for all costs and charges incurred by the Owners Corporation in connection to a false fire alarm call out caused by a tenant or occupier or invitee of the tenant or occupier of the lot whether: 1. The tenant or occupier or invitee was acting in a manner which was directly, indirectly and/or negligently responsible for the cause of the fire alarm; and 2. The lot owner authorised either impliedly or expressly the actions of the tenant or occupier or invitee which caused the false fire alarm. It was resolved that the Owners Corporation will recover as a debt due and payable from the lot owner the costs and charges referred to in these resolutions as a special levy. It was resolved that the costs incurred by the Owners Corporation in recovering fees and levies due under the Owners Corporation Act, will be fully recoverable from the indebted lot owner. This includes administrative fees charged to the Owners Corporation by the manager and all legal fees incurred as a result of the failure to pay levies, fees and charges due. Post meeting note: 6 Penalty Interest Ordinary resolution Moved By: Seconded By: Motion Code Yes votes: 67 No votes: 0 Abstain: 0 Carried It was resolved that the Owners Corporation charge penalty interest on late fees; at the maximum rate payable under the Penalty Interest Rates Act, or as defined by the Owners Corporation or its manager from time to time. Post meeting note: 7 Legal Proceedings Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 67 No votes: 0 Abstain: 0 Carried

175 It was resolved that the Owners Corporation is to take all steps necessary for recovery of outstanding fees levies and charges due by any member to the Owners Corporation including commencing proceedings in VCAT. The Manager of the Owners Corporation and/or the Committee shall have the power pursuant to this resolution to appoint a lawyer to act on its behalf in relation to any necessary debt recovery action taken. Post meeting note: 8 Report Manager Without dissent resolution Proposed by: Shenae Rigg Motion Code Yes votes: 67 No votes: 0 Abstain: 0 Carried The Owners Corporation manager's report is circulated with the notice of meeting, and Strata Plan confirms that it holds professional indemnity insurance. Post meeting note: 9 Report <Chairperson / Committee> Without dissent resolution Proposed by: Mario Gomizelj Motion Code Yes votes: 67 No votes: 0 Abstain: 0 Carried The chairperson / committee noted that they have acted honestly, in good faith and exercised due care and diligence on behalf of all owners in addressing matters of the owners corporation over the past year. The Chairperson did not provide a report. Post meeting note: 10 Report Building Manager Without dissent resolution Proposed by: Ryan Hoy / Ernie Becker Motion Code Yes votes: 67 No votes: 0 Abstain: 0 Carried The Building Manager report was made available prior to the meeting and is attached for reference. Post meeting note: 11 Report Grievances Without dissent resolution Proposed by: Shenae Rigg Motion Code Yes votes: 67 No votes: 0 Abstain: 0 Carried The Grievance report was tabled to the meeting. The Owners Corporation noted the following grievances; Number of grievances: 3 Nature of grievances: Balcony Breaches Status of grievances: 2 x resolved 1 x pending Post meeting note: It was resolved to send Daniel of Lot 2332 a formal complaint form to formalise his grievance re storage cage break in. 12 Insurance Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code

176 Yes votes: 67 No votes: 0 Abstain: 0 Carried It was noted that the Owners Corporation held its current strata residential policy with QBE Insurance (Aust) Ltd. It was noted that Strata Plan will arrange quotes for consideration of the Chairperson &/or Committee. It was resolved, where there is no Chairperson or Committee, the manager is delegated powers to arrange cover with the incumbent insurer or as recommended by the insurer &/or broker. It was resolved that the lot serving to benefit from a claim against the Owners Corporationis insurance policy, shall be liable for any applicable excess. WHERAS; In accordance with the provisions of legislation, authorised licensees & insurers may share the fee they receive from the underwriter with Strata Plan. Post meeting note: 13 Insurance Valuation Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 67 No votes: 0 Abstain: 0 Carried ** It was resolved that the obtaining of a sworn insurance replacement valuation be considered at the next annual general meeting. ** It was resolved that the building sum insured be retained for the current year. Post meeting note: 14 Annual Essential Safety Measures Report Ordinary resolution Moved By: Seconded By: Motion Code Yes votes: 67 No votes: 0 Abstain: 0 Carried ** It was resolved the Owners Corporation manager obtain an annual essential safety measures report. Post meeting note: 15 Maintenance Plan Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 67 No votes: 0 Abstain: 0 Carried ** It was resolved that the Owners Corporation adopt the tabled maintenance plan and raise levy effective from 01/07/2017. The Maintenance Plan is available for reference on BuildingLink. Post meeting note: 16 Occupational Health and Safety Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 67 No votes: 0 Abstain: 0 Carried

177 ** The Owners Corporation has reviewed the safety of the workplace and agrees that there are not any hazards to its knowledge. It was resolved, that an Occupational Health & Safety report be considered at the next annual general meeting. It was further resolved that the Owners Corporation shall continue to monitor the safety of the common areas and take all necessary action to maintain a safe environment. Post meeting note: 17 General Repairs and Maintenance Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 67 No votes: 0 Abstain: 0 Carried There were no general repairs and maintenance items raised for OC1. Post meeting note: 18 Budget and Fees Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 67 No votes: 0 Abstain: 0 Carried It was resolved that the Owners Corporation's annual budget be set and levied at $834, effective from 01/07/2017; and shall continue until the next annual general meeting. Note: The above mentioned budget is GST exclusive for Owners Corporations that are registered for GST. The fees will be levied based on lot liability as per the plan of subdivision registered with Land Victoria. Levies already issued for this financial year are based on the previously approved budget. Any amendments to the budget, will be distributed pro rata over the remaining quarter(s) of this financial year. The annual budget fees are payable quarterly in advance due by 1st January, April, July and October. Post meeting note:

178 19 Election of Committee & Chairperson Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 67 No votes: 0 Abstain: 0 Carried It was further resolved that Mario Gomizelj be elected as chairperson. **It was resolved the following members be elected to the committee and grievance committee; (Chairperson) Mario Golizelj (Members) Tony Quinert Sam Jillet Gale Pascoe Paul Richards Robyn Johnstone Ross Bowden Carmellina Zita John Wesley Trevor Townley Jordan Barry Darren Willis It was further resolved that, Pursuant to Section 101 of the OC Act, all powers of the owners corporation are delegated to the Committee. WHEREAS; the committee requires a majority of its members consent to a proxy of a member, to vote at any committee meetings. **It was resolved, that where there is no functioning Committee and Pursuant to Section 101 of the OC Act, all powers of the owners corporation are delegated to; a) the Chairperson; b) the Strata Manager, where there is no Chairperson Important information for the chairperson and committee members: It was resolved that the Committee & Chairperson may communicate and resolve decisions by electronic methods such as . Your role is to act in good faith, make decisions on behalf of all owners, manage the operations of the Owners Corporation and instruct the manager or relevant parties accordingly. All instructions to the manager should be via your chairperson after deliberation by all committee members. The manager will only take instructions from one person. The committee requires a majority of its members' consent to a proxy of a member, to vote at any committee meetings. Any committee member who is in arrears is temporarily suspended from their role until all arrears have been paid in full. Post meeting note:

179 20 General Business Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 67 No votes: 0 Abstain: 0 Carried Parking Plan and Traffic Management Summary of Matter: The Parking Plan and Traffic Management Plan has been commissioned by Traffix, being qualified trafic engineers to assist with the traffic management of the common area drive way. There has been careful consideration from your Owners Corporation Committee, Management and Developers as to the requirements for the preparation of a detailed Traffic Management Plan and proper implementation of measures identified has been considered with the approved plan as it is essential to ensure the safety of all road users as well as the workers at site. Signage for time restrictions have been installed and the signage for the traffic management (speed, pedestrian crossing, roundabouts etc) will be installed in the coming weeks. It was confirmed that the Owners Corporation are processing an agreement with Bayside City Council and once the agreement is formalised, Council will begin enforcing parking restrictions and issuing parking infringements on those who do not comply. Strata Plan will supply the Building Manager with X amount of Parking Permits that can be issued to residents at the full discretion of Building Management and dependant of available parking at the time. We recommend that the implementation of the above agreement is passed on to your managing agents and tenants to ensure there is no miscommunication. Action: By OC Manager Storage Cages Summary of Matter: There were concerns raised regarding the integrity of the security with the storage cages. It was noted, that it is not recommeneded to keep valuables in a storage cage but to assist in the concerns of storage cages, it was resolved that the Building Manager will arrange a tradesperson to assist owners/residents to reverse the bolts for the cage. The service will be provided over 2 days only for all members. Any requests thereafter will be the responsiblity of the Lot owner. Action: By Building Manager Bamboo Summary of Matter: There were issues raised by residents regarding gaps in the bamboo along the ally way (Gardenside). Quotes have since been sought to plant extra bamboo as the bamboo was not part of the original plans or design. Concerns raised by landscaper regarding the main sewer line. Building Manager to confirm if Bamboo can be planted. Action: By Building Manager Post meeting note: Minute Notes Chairman...

180 Common Area Report of Sandy Hill and Gardenside Apartments Bay Road Operations Report for August 2017 TABLE OF CONTENTS 1. Building Managers Activity Report 2. Minuted Items BM Activity Report

181 Gardening. Due to the high winds over the past fortnight, we have had some plants in the garden beds effected. Management are working with the gardeners to rectify these problems and replace any damaged Plants. We have had the front nature strips mowed and edged twice this month. All Irrigation is now repaired, and we are expecting for all the garden beds to blossom this coming spring. All weeds have been taken out and sprayed weekly, Unfortunately new weeds grow quickly. Our gardeners and cleaners are keeping on top of the weeds as best they can. Fire evacuation drill. BM (Building Management) have organised a fire evacuation drill for Saturday the 2 nd of September for Sandy Hill Apartments. Laneway between Building 220 and 218. After Routine walks and inspections of the common property we had identified increased rubbish in the lane way. Building Management have contacted the council on a two occasions requesting that Citywide attend and collect the rubbish

182 Pool and Spa. Pool and spa Water chemistry has been in balance over the past month. BM are still awaiting on Renai to repair and service the boilers in the pool plant room. The work order request has been passed onto Strata Plan. Fire Safety ESS have come out and completed their monthly sprinkler and pump testings. ESS have also completed there quarterly emergency light servicing in stage 1. PEST CONTROL BM have added an additional 5 rat traps around the building. HARD RUBBISH COLLECTIONS BM have organised for the hard rubbish to be removed from all bin rooms. We have also placed signs requesting no Hard Rubbish Dumping and warning residents that dumping of hard rubbish may result in a breach.

183 Bayside Council has confirmed that it is up to each individual lot owner/occupier to organise and dispose hard rubbish.

184 Approved Annual Budget Administrative Fund Owners Corporation 1 for Plan No. PS631843C 1 July 2017 to 30 June Bay Rd SANDRINGHAM VIC 3191 Expenditure Budget 07/17-06/18 Accountant Administrative Fees & Charges - computer/internet fees 8, Auditor 1, Bank Fees & Charges 2, Caretaking Services 335, Cleaning Supplies 5, Common Property - Contingency 22, Electricity - charges 52, Essential Services 12, Fire Protection Services - evacuation management 2, Fire Protection Services - monitoring 2, Garden/Lawn Maintenance 5, Gas 22, Insurance Premiums 70, Legal Services - debt recovery 5, Minor Building Maintenance 20, Pools, Spas & Saunas 25, Recreation Facilities 2, Security Services 37, Strata Manager - disbursements 9, Strata Manager - management fees 14, Waste Management Services 65, Water 40, Total Administrative Fund Expenditure 758, Administrative Fund Summary Budget 07/17-06/18 Opening balance 0.00 Expenditure during budget period 758, , Less Additional revenue during budget period 0.00 Plus Planned surplus at end of budget period 0.00 Plus Allowance for GST on levies 75, Per Ent Budgeted levies to be raised $ 834, Total Lot Liability *May include insurance contributions Annual Budget 01/07/17 to 30/06/18 Printed from Strataware on 31 AUG 2017 Page 1 of 1

185 Insurance Report Owners Corporation 1 for Plan No. PS631843C Bay Rd SANDRINGHAM VIC 3191 Policy number : HU Insurance Policy Details Policy Number: HU Period of Insurance: 24 June 2016 to 17 September 2017 Insurance Company: QBE Insurance (Aust) Ltd Broker (if any): Alliance Insurance Broking Services Amount of Premium: $ 70, Paid Date: 22 September 2016 Policy Type Amount of cover Excess Lot Owner's Fixtures and Improvements $250, Government Audit Costs - Legal Defense Expenses $50, Government Audit Costs - Appeal Expenses $100, Government Audit Costs $25, Building Catastrophe - cost of storage $885, Building Catastrophe - Temporary Accommodation $885, Building Catastrophe - Loss of Rent/Temp Accom $2,655, Building Catastrophe $17,700, Machinery Breakdown Insurance $50, Office Bearers Liability Insurance $1,000, Fidelity Guarantee Insurance $100, Voluntary Workers Insurance $200,000/$2, Property, Death and Injury (Public Liability) $20,000, Common Area Contents $150, Loss of Rent $17,700, Damage (i.e. Building) Policy $118,000, Note *as of 24/06 stage 2 is insured - below are the updated covers for both endor paid on 07/07/16 Insurance Report Printed from Strataware on 26 JUL 2017 Owners Corporation 1 for Plan No. PS631843C Page 1 of 1

186 Gail Pascoe 105/222 Bay Rd SANDRINGHAM VIC th February 2018 Dear Gail Pascoe Re: OWNERS CORPORATION CERTIFICATE - LOT 1105, PLAN NO. PS631843C-2 In response to your request, we now attach an Owners Corporation Certificate for Lot 1105 in Plan No. PS631843C-2 dated 13th February This certificate is intended for use for the purpose of section 151 of the Owners Corporation Act 2006 ("Act"). Pursuant to section 151(4)(b) of the Act, we also attach the following: (a) (b) (c) A copy of the Rules for this Owners Corporation; A statement of advice and information for prospective purchasers of a strata title lot in Victoria in accordance with Regulation 12 of the Owners Corporation Regulations 2007; and A copy of the minutes of the last annual general meeting of the Owners Corporation showing all resolutions passed at that meeting. Please note that if you require any further information on the matters reported in the attached Owners Corporation Certificate, you may inspect a copy of the Owners Corporation Register in accordance with section 150 of the Act. An inspection of the Register must be booked in advance by contacting our office during business hours or via at info@strataplan.com.au. Please note the inspection of the Register may require the payment of a fee. Yours faithfully Registered Manager Full name: Shenae Rigg Director of: Address of registered office: 13/02/2018 Date Letter subject to copyright Printed from Strataware -

187 OWNERS CORPORATION CERTIFICATE Section 151, Owners Corporation Act 2006 As at 13th February OWNERS CORPORATION DETAILS Plan Number: PS631843C-2 ( A Limited of Plan No. PS631843C-1 ) Address of Plan: Bay Rd SANDRINGHAM VIC 3191 Lot Number this statement relates to: 1105 Unit Number this statement relates to: 105 Postal Address Level 13/222 Kings Way South Melbourne VIC CERTIFICATE DETAILS Vendor: Gail Pascoe Postal Address for Lot /222 Bay Rd SANDRINGHAM VIC 3191 Purchaser: Person requesting Certificate: Gail Pascoe Reference: ( Ref: : ) Address: 105/222 Bay Rd SANDRINGHAM VIC 3191 Fax: epropertysupport@saiglobal.com 3. CURRENT ANNUAL LEVY FEES FOR LOT 1105 ADMINISTRATIVE FUND The annual administrative levy fees for Lot 1105 are 1, per annum commencing on 1 July Levies for this plan are raised over 4 periods Period Amount Due Date Status 01/07/17 to 30/09/ /07/17 Paid 01/10/17 to 31/12/ /10/17 Paid 01/01/18 to 31/03/ /01/18 Paid 01/04/18 to 30/06/ /04/18 To be Issued Maintenance Fund The annual maintenance levy fees for Lot 1105 are per annum commencing on 1 July Levies for this plan are raised over 4 periods Period Amount Due Date Status 01/01/18 to 31/03/ /01/18 Paid 01/04/18 to 30/06/ /04/18 To be Issued Owners Corporation Certificate Owners Corporation 2 for Plan No. PS631843C Printed 13 FEB 2018 Page 1 Printed from Strataware -

188 OWNERS CORPORATION CERTIFICATE (Continued) As at 13th February 2018 For Plan No. PS631843C-2 - Lot CURRENT LEVY POSITION FOR LOT 1105 Fund Balance Paid To Administrative March 2018 Maintenance Fund March 2018 BALANCE SPECIAL LEVIES There are currently no special levy fees due for Lot OTHER CHARGES There are currently no additional charges payable by Lot 1105 that relate to work performed by the owners corporation or some other act that incurs additional charge. 7. FUNDS HELD BY OWNERS CORPORATION The owners corporation holds the following funds as at 13 February 2018: Account / Fund Amount Administrative Fund 16, Maintenance Fund 14, TOTAL FUNDS HELD AS AT 13 FEBRUARY 2018 $31, INSURANCE The owners corporation currently has the following insurance cover in place: 9. CONTINGENT LIABILITIES The owners corporation has the following contingent liabilities arising from legal proceedings not otherwise shown or budgeted for in items 3, 5 or 6 above: An application has been made to VCAT seeking permission to amend the planning permit to allow the development of an additional floor on central building approved under planning permit and to amend conditions included on the planning permit. VCAT REF: PS2524/2017. For further information please contact Best Hooper Lawyers /o Lucy Eastoe CONTRACTS OR AGREEMENTS AFFECTING COMMON PROPERTY The owners corporation has entered into or intends to enter in the foreseeable future the following contracts affecting the common property: Date of Contract Name of Contractor Status Brief Description ADT Tyco Current Fire monitoring services iinet Current communication services 21/10/2014 Strata Plan Pty Ltd Current Owners Coperopration Management Owners Corporation Certificate Owners Corporation 2 for Plan No. PS631843C Printed 13 FEB 2018 Page 2 Printed from Strataware -

189 OWNERS CORPORATION CERTIFICATE (Continued) As at 13th February 2018 For Plan No. PS631843C-2 - Lot 1105 Date of Contract Name of Contractor Status Brief Description 10/08/2015 Doorways Pty Ltd - Accounts Current Automatic and Manual Doors Servicing Agreement 17/11/2015 Forte Lift Services - Current Lift Comprehensive Maintenance Agreement Accounts 10/10/2017 Rheem Australia Pty Ltd - R & M Current Hot Water System Maintenance 11. AUTHORITIES OR DEALINGS AFFECTING COMMON PROPERTY The following authorities or dealings affecting the common property has been granted by the owners corporation: Date of Resolution Granted to Lot Area of Common Property Affected Type of Authority or Dealing 1225 Approval for Pet Other 04/01/2016 David Anthony Lamond & Marika Lamond 54 Lawson Par 25/07/2016 PS631843C-1 OC2 Delegation to OC1 12. AGREEMENTS TO PROVIDE SERVICES The owners corporation has not made any agreements to provide services to lot owners and occupiers or the general public for a fee. 13. NOTICES OR ORDERS The owners corporation currently has no orders or notices served in the last 12 months that have not been satisfied. 14. CURRENT OR FUTURE PROCEEDINGS The owners corporation is currently a party to proceedings or is aware of the following circumstances which may give rise to proceedings: Title Ordered Received Type Name Status Debt Recovery Please contact Impending Strata Plan Disputes Resolutions Please contact Strata Plan Impending 15. APPOINTMENT OF AN ADMINISTRATOR The owners corporation is not aware of an application or a proposal for the appointment of an administrator. Owners Corporation Certificate Owners Corporation 2 for Plan No. PS631843C Printed 13 FEB 2018 Page 3 Printed from Strataware -

190 OWNERS CORPORATION CERTIFICATE (Continued) As at 13th February 2018 For Plan No. PS631843C-2 - Lot PROFESSIONAL MANAGER DETAILS Name of Manager: Strata Plan ABN / ACN: Address of Manager: Level 13/222 Kings Way South Melbourne VIC 3205 Telephone: Facsimile: Address: info@strataplan.com.au 17. ADDITIONAL INFORMATION Nil. SIGNING The common seal of Owners Corporation No. 2, Plan No. PS631843C-2, was affixed and witnessed by and in the presence of the registered manager in accordance with Section 20(1) and Section 21(2A) of the Owners Corporation Act Registered Manager Full name: Shenae Rigg Director of: Address of registered office: Common Seal of Owners Corporation 13/02/2018 Date Owners Corporation Certificate Owners Corporation 2 for Plan No. PS631843C Printed 13 FEB 2018 Page 4 Printed from Strataware -

191 MINUTES OF ANNUAL GENERAL MEETING For OC2: Sandy Hill (Central) Bay Rd SANDRINGHAM VIC 3191, Plan No. PS631843C-2 Location of meeting: Sandringham Football Club, Cnr Beach Road and Hampton St, Sandringham Date and time of meeting: Monday, 21st August :00 PM Meeting chaired by: Mario Gomizelj Meeting start time: 7:00 PM Meeting finish time: 8:35 PM Attendance The following owners were represented at the meeting: Unit: 105 Lot: 1105 Owner: Gail Pascoe Unit: 117 Lot: 1117 Owner: Julie Elizabeth Graham Unit: 216 Lot: 1216 Owner: Peter Raymond Murnane Unit: 322 Lot: 1322 Owner: Paul Richards Unit: 332 Lot: 1332 Owner: Luisa Fernanda Smith Unit: 406 Lot: 1406 Owner: Brian Joseph Cummins & Louise Naomi Gold Unit: 410 Lot: 1410 Owner: Albert Charles Sulzer & Anne Moina Sulzer Unit: 411 Lot: 1411 Owner: Vikram Jangra Unit: 413 Lot: 1413 Owner: Ian Craig Brown Unit: 414 Lot: 1414 Owner: Jon Xavier Davies Unit: 426 Lot: 1426 Owner: Sallyann Clough Unit: 432 Lot: 1432 Owner: Ross Clark Bowden & Jennifer Kaye Bowden Unit: 501 Lot: 1501 Owner: Mario Gomizelj & Deanna Maria Gomizelj Unit: 508 Lot: 1508 Owner: Bruce Kaplan & Norah Mary Kaplan Unit: 519 Lot: 1519 Owner: Robyn Philippa Johnstone Unit: 523 Lot: 1523 Owner: Joan Bolt Unit: 527 Lot: 1527 Owner: Damaris Susan Smith & Paul Graham Levestam Unit: 601 Lot: 1601 Owner: Yvette Katarina Casa Unit: 608 Lot: 1608 Owner: Howard Michael O'Connell Unit: 611 Lot: 1611 Owner: Keith William Gilhooley Unit: 615 Lot: 1615 Owner: Malcolm Campbell Unit: 701 Lot: 1701 Owner: Frank Banyai Rep: Karen Unit: 709 Lot: 1709 Owner: Louise Maree Holland & Peter Joseph Holland Unit: 809 Lot: 1809 Owner: Faramarz & Helaleh Kholosi Unit: C12 Lot: C12 Owner: Malcolm Campbell Unit: C13 Lot: C13 Owner: Keith William & Gillian Gilhooley Unit: C117 Lot: C117 Owner: Brian Cummins and Louise Gold Unit: C127 Lot: C127 Owner: Malcolm George Campbell Unit: C128 Lot: C128 Owner: Malcolm George Campbell The following owners were present by proxy: Unit: 514 Lot: 1514 Owner: Kenneth Norwood Quinert Proxy: Tony Quinert Unit: 707 Lot: 1707 Owner: Sandy Hill Serviced Apartments Pty Ltd Proxy: Sam Jillet Unit: C1 Lot: C1 Owner: Blueprint Developments Pty Ltd Proxy: Tony Quinert The following owners gave their apologies: Unit: 331 Lot: 1331 Owner: Peter James Lucas Present By Invitation: Shenae Rigg (Strata Plan) Simon Chamaa (Strata Plan) Ashan Fernando (Strata Plan) Tania Krecul (Strata Plan) Ernie Becker (Bayside Contracting) Ryan Hoy (Bayside Contracting)

192 Quorum With an attendance of 25% based on members a quorum was not achieved, interim decisions apply; Interim resolutions become resolutions of the owners corporation9 (a) subject to paragraphs (b) and (c), 29 days from the date of the interim resolution; or (b) if notice of a special general meeting is given within that 29 day period and the meeting is held within 28 days after the notice is given, only if confirmed at that meeting; or (c) if notice of a special general meeting is given within that 29 day period and the meeting is not held within 28 days after the notice is given, at the end of that 28 day period. Motions 1 Election of Chair Ordinary resolution Proposed by: Mario Gomizelj Motion Code Yes votes: 32 No votes: 0 Abstain: 0 Carried ** It was resolved; that Mario Gomizelj be elected as Chair of the meeting. Post meeting note: 2 Adoption of Minutes Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 32 No votes: 0 Abstain: 0 Carried ** It was resolved; that the minutes of the last annual general meeting of the Owners Corporation, held on 15/08/2016, be accepted as a true records of the Owners Corporation. Post meeting note: 3 Financial Statements Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 32 No votes: 0 Abstain: 0 Carried **It was resolved that the financial statements be approved as true records of the Owners Corporation. Cash at bank balance $25, Net Assets $1, as at 30/06/2017. Post meeting note: 4 Audit of Financial Statements Without dissent resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 32 No votes: 0 Abstain: 0 Carried **It was noted that the Owners Corporations financial statements for the year ending 30/06/2017 are currently being audited and will be provided to the Committee upon completion. Post meeting note: 5 Legal Proceedings Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 32 No votes: 0 Abstain: 0 Carried

193 It was resolved; that the Owners Corporation is to take all steps necessary for recovery of outstanding fees levies and charges due by any member to the Owners Corporation including commencing proceedings in VCAT. The Manager of the Owners Corporation and/or the Committee shall have the power pursuant to this resolution to appoint a lawyer to act on its behalf in relation to any necessary debt recovery action taken. Post meeting note: 6 Cost & Debt Recovery Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 32 No votes: 0 Abstain: 0 Carried It was resolved; that all costs and expenses arising out of any breach by a lot owner, or an occupier of a lot, of an obligation imposed on that person under the Act, the Regulations, these and any other Rules or relevant laws, incurred by the Owners Corporation, including any costs and charges payable by the Owners Corporation to the manager or otherwise (but excluding the personal time cost of any person acting in an honorary capacity including the chairperson secretary or committee member of the owners corporation) shall be payable by any member in default or breach. The costs charges and expenses shall be due and payable as a debt due by the person in default or breach to the Owners Corporation. It was resolved; that all costs associated with repairs, maintenance, leak investigations or other works relevant to private property or for the benefit of a lot, incurred by the Owners Corporation shall be passed on the lot owner affected or serving to benefit. The costs charges and expenses shall be due and payable as a debt due by the lot owner in default or breach to the Owners Corporation. It was resolved; that all costs incurred by the Owners Corporation as a result of charges arising from a breach or obligation by a lot owner, or an occupier of a lot (ie: from the false fire alarms, fire brigade charges, or relevant authority charges), shall be payable by any member in default or breach. The costs charges and expenses shall be due and payable as a debt due by lot owner in default or breach to the Owners Corporation. It was resolved; that in the event that the Melbourne Fire Brigade is called out to the building as a result of the activation of a false fire alarm and the cause of the alarm is found to originate from a lot, the lot owner and/or the occupier of the lot will be jointly and severably liable to pay any and all associated costs and charges connected to a false fire alarm. It was resolved; that a lot owner or occupier will be jointly and severably liable to pay all costs and charges connected to the false fire alarm regardless of whether the activation of the fire alarm was caused by a wilful, negligent, foreseeable, or unforeseeable action or inaction. It was resolved; that all lot owners indemnify the Owners Corporation for all costs and charges incurred by the Owners Corporation in connection to a false fire alarm call out caused by a tenant or occupier or invitee of the tenant or occupier of the lot whether: 1. The tenant or occupier or invitee was acting in a manner which was directly, indirectly and/or negligently responsible for the cause of the fire alarm; and 2. The lot owner authorised either impliedly or expressly the actions of the tenant or occupier or invitee which caused the false fire alarm. It was resolved; that the Owners Corporation will recover as a debt due and payable from the lot owner the costs and charges referred to in these resolutions as a special levy. It was resolved; that the costs incurred by the Owners Corporation in recovering fees and levies due under the Owners Corporation Act, will be fully recoverable from the indebted lot owner. This includes administrative fees charged to the Owners Corporation by the manager and all legal fees incurred as a result of the failure to pay levies, fees and charges due. Post meeting note: 7 Penalty Interest Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code

194 Yes votes: 32 No votes: 0 Abstain: 0 Carried It was resolved; that the Owners Corporation charge penalty interest on late fees; at the maximum rate payable under the Penalty Interest Rates Act, or as defined by the Owners Corporation or its manager from time to time. Post meeting note: 8 Report Manager Without dissent resolution Proposed by: Shenae Rigg Motion Code Yes votes: 32 No votes: 0 Abstain: 0 Carried ** WHEREAS; the Owners Corporation Managers Report is circulated with the Notice of Meeting; WHEREAS; Strata Plan confirms that it holds professional indemnity insurance. Post meeting note: 9 Report Committee Without dissent resolution Proposed by: Mario Gomizelj Motion Code Yes votes: 32 No votes: 0 Abstain: 0 Carried ** WHEREAS; the Committee noted that they have acted honestly, in good faith and exercised due care and diligence on behalf of all owners in addressing matters of the owners corporation over the past year Post meeting note: 10 Report Building Manager Without dissent resolution Proposed by: Ryan Hoy/Ernie Becker Motion Code Yes votes: 32 No votes: 0 Abstain: 0 Carried The Building Manager provided a report prior to the meeting and is attached for reference Post meeting note: 11 Report Grievances Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 32 No votes: 0 Abstain: 0 Carried ** That the Grievance report was tabled to the meeting. ** WHEREAS; the Owners Corporation noted the following grievances; Number of grievances: 2 Nature of grievances: balcony related breaches Status of grievances: 2 pending Post meeting note: 12 Insurance Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 32 No votes: 0 Abstain: 0 Carried

195 It was noted that the Owners Corporation held its current strata residential policy with QBE Insurance (Aust) Ltd. It was noted that Strata Plan will arrange quotes for consideration of the Chairperson &/or Committee. It was resolved, where there is no Chairperson or Committee, the manager is delegated powers to arrange cover with the incumbent insurer or as recommended by the insurer &/or broker.it was resolved that the lot serving to benefit from a claim against the Owners Corporationis insurance policy, shall be liable for any applicable excess. WHERAS; In accordance with the provisions of legislation, authorised licensees & insurers may share the fee they receive from the underwriter with Strata Plan. Post meeting note: 13 Insurance - Building Valuation Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 32 No votes: 0 Abstain: 0 Carried ** It was resolved that the obtaining of a sworn insurance replacement valuation be considered at the next annual general meeting. ** It was resolved that the building sum insured be retained for the current year. Post meeting note: 14 Insurance Quotes Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 32 No votes: 0 Abstain: 0 Carried The Owners Corporation resolve to obtain quotes upon renewal of the Insurance policy Post meeting note: 15 Annual Essential Safety Measures Report Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 32 No votes: 0 Abstain: 0 Carried ** It was resolved the Owners Corporation Manager obtain an annual essential safety measures report. Post meeting note: 16 Maintenance Plan Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 32 No votes: 0 Abstain: 0 Carried

196 A Prescribed Owners Corporation must prepare a maintenance plan for the property for which it is responsible. A Maintenance Plan must set out the major capital items anticipated to require repair and replacement within ten years. The plan must note the present condition or state of repair for such items, when those items or components of those items will need to be repaired or replaced, the estimated cost of the repair and replacement of those items or components, the expected life of those items or components once repaired or replaced and any other prescribed informaiton. Major Capital Items include the following but are not limited to; A lift; air conditioning plant; a heating plant; an item of a prescribed class. The Owners Corporation Sub-Committee met numerous times throughout the past financial year to discuss/ammend/propose a maintence plan specific to Owners Corporation 2. The Owners Corporation have resolved to adopt the Maintenance Plan proposed by Buildspect. In approving the maintenance plan, the Owners Corporation have set conditions for the payment of money out of the maintenance plan dependant of prescribed items listed in the plan. Post meeting note: 17 OH&S Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 32 No votes: 0 Abstain: 0 Carried ** The Owners Corporation has reviewed the safety of the workplace and agrees that there are not any hazards to its knowledge. It was resolved, that an Occupational Health & Safety report be considered at the next annual general meeting. It was further resolved that the Owners Corporation shall continue to monitor the safety of the common areas and take all necessary action to maintain a safe environment.. Post meeting note: 18 General Repairs & Maintenance Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 32 No votes: 0 Abstain: 0 Carried there were no repair and maintenance items raised. Post meeting note: 19 Budget & Fees Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 32 No votes: 0 Abstain: 0 Carried

197 It was resolved; that the Owners Corporations annual budget be set at & levy $183, effective from 01/07/2017 ; and shall continue until the next annual general meeting. Note: The above mentioned budget is GST exclusive for Owners Corporations that are registered for GST. The fees will be levied based on lot liability as per the Plan of Subdivision registered with Land Victoria. WHEREAS; Levies already issued for this fiscal year are based on the previously approved budget. Any amendments to the budget, will be distributed pro rata over the remaining quarter(s) of this fiscal year. WHEREAS; any levies already issued for the year to date based on the previous budget and amendments to that budget are approved, then the difference shall be distributed pro rata over the remaining term(s) of this financial year. WHEREAS; the annual budget fees are payable quarterly in advance due by 1st January, April, July & October. Post meeting note: 20 Election of Committee Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 32 No votes: 0 Abstain: 0 Carried * It was resolved the following members be elected to the Committee & Grievance Committee; (Chairperson) Mario Gomizelj (Members) Paul Richards Keith Gilhooley Malcolm George Robyn Johnstone Tony Quinert Gail Pascoe Yvette Casa Brian Cummins Faramarz Kholosi Ross Bowden Paul Levestam It was further resolved that, Pursuant to Section 101 of the OC Act, all powers of the owners corporation are delegated to the Committee. WHEREAS; the committee requires a majority of its members consent to a proxy of a member, to vote at any committee meetings. **It was resolved, that where there is no functioning Committee and Pursuant to Section 101 of the OC Act, all powers of the owners corporation are delegated to; a) the Chairperson; b) the Strata Manager, where there is no Chairperson Important information for the chairperson and committee members:it was resolved that the Committee & Chairperson may communicate and resolve decisions by electronic methods such as . Your role is to act in good faith, make decisions on behalf of all owners, manage the operations of the Owners Corporation and instruct the manager or relevant parties accordingly. All instructions to the manager should be via your chairperson after deliberation by all committee members. The manager will only take instructions from one person. The committee requiresa majority of its members' consent to a proxy of a member, to vote at any committee meetings. Any committee member who is in arrears is temporarily suspended from their role until all arrears have been paid in full. Post meeting note:

198 21 General Business Ordinary resolution Moved By: Mario Gomizelj Seconded By: Tony Quinert Motion Code Yes votes: 32 No votes: 0 Abstain: 0 Carried There was no general business to discuss. Post meeting note: Minute Notes Enter Minute Notes here Chairman...

199 SANDY HILL APARTMENTS Bay Road Operations Report for August 2017 TABLE OF CONTENTS 1. Building Managers Activity Report 2. Minuted Items BM Activity Report

200 BM Activity Report Since Our last meeting, Phone calls are averaging a day and s are averaging 15 a day. High Window Cleaning is currently proceeding and is 90 Percent completed, The window cleaners have pressure washed the front louvres and rear of the building. BM have installed new lockable sign holders in the lifts and they were effective for the first 2 weeks, unfortunately we have encountered the same problem with a certain resident damaging the signs. BM have identified broken tiles located at the north end of the building, Tilers have been booked and will complete this task by Friday the 11 th of August. Due to high winds in the past 2 weeks, we have had some damage to our gardens, BM are working in with the gardeners to rectify and replace the damaged plants. 2 hour Visitor Car parking is now in place. BM are logging cars on a daily basis and any repeat offenders are being towed. We have had 3 tows this month from the visitor car spaces. Overall BM believe that the word has spread through-out the building, as there has been a dramatic decrease in repeat offenders.

201 Over the last 2 weeks Sandy Hill staff have been detail cleaning b1 and b2 car parks, we have spent 1 2 hours a day on a car park scrubbing machine cleaning individual car spaces and driveways. The Courier drop box was damaged. BM replaced the box the next day. I conducted a camera review and could not identify who damaged the box. MEETING MINUTES Ladder on Common Property - It was noted that an unknown contractor has left a ladder on Common Property which may be used to jump the fence. Building Manager removed the ladder from site and stored it on the Buxton Construction site. Action: Building Manager Ladder has now been removed and handed back to Buxton Construction. Poolwerx - Ernie and Ryan discussed issues with the circulation pumps not performing at 100%. Quotes being sourced for the replacement. (Tony Quinnert) advised the works may only require the motor being re-wound which may be more cost effective (BM to confirm with Poolwerx and/or Plumbco). Action: Building Manager BM to have the pumps looked over by a pump specialist and re-wired.

202 Waste Management - With respect to an on-going issue with hard waste and previous attempts of contacting the council by OC Manager and Building Manager, it was resolved to continue investigations with Council to confirm whether or not hard waste collection is something the council will assist with for the residents at the Sandy Hill Development. It was further resolved to inform residents of their options to generally have a mattress removed when they have new mattress delivered, or alternative option of having a mattress removed by a contractor supplied by Ernie for $55.00 fee. Action: OC Manager/ Building Manager In Ryan s absence, James (interim manager), had communicated with Bayside Council in regard to this matter, The council had informed management that the Individual Lot Occupier must dispose of their own hard rubbish. Defibrillator - It was resolved to purchase 2 x Defibrillators as per previous quote. Location: 1x Sandy Hill Lobby Area and 1x Gardenside Lobby/Entrance Area. Action: Building Manager We are currently awaiting on St Johns to install the defibrillators. Lift Maintenance - It was noted that the lift door closing times may not be consistent across all lifts throughout. It was resolved to confirm all door times are the same throughout with Forte Lifts. There was also concerns of a bent mechanism in the north lift, a cracked lens and a requirement to re-align doors that should be rectified by Forte Lifts. Action: Building Manager

203 In Ryan s absence, James (interim Manager) Had contacted Forte lifts. They have adjusted all 4 lifts to the same timers (10 seconds). In regard to the lenses and re-alignment of elevator doors, Ryan is following up with Forte lifts this week to rectify any Issues.

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205 Approved Annual Budget Administrative Fund Owners Corporation 2 for Plan No. PS631843C 1 July 2017 to 30 June 2018 A Limited of Plan No. PS631843C Bay Rd SANDRINGHAM VIC 3191 Expenditure Budget 07/17-06/18 Accountant Accountant - audit fees 1, Bank Fees & Charges Common Property - Contingency 11, Electricity - charges 35, Essential Services 5, Fans & Ventilation Maintenance 2, Gas 35, Lift Maintenance 20, Minor Building Maintenance 15, Strata Manager - disbursements 11, Strata Manager - management fees 21, Telephone & Internet Services 1, Waste Management Services 7, Total Administrative Fund Expenditure 166, Administrative Fund Summary Budget 07/17-06/18 Opening balance 0.00 Expenditure during budget period 166, , Less Additional revenue during budget period 0.00 Plus Planned surplus at end of budget period 0.00 Plus Allowance for GST on levies 16, Per Ent Budgeted levies to be raised $ 183, Total Lot Liability *May include insurance contributions Annual Budget 01/07/17 to 30/06/18 Printed from Strataware on 31 AUG 2017 Page 1 of 1

206 OWNERS CORPORATION CERTIFICATE Section.151 Owners Corporation Act 2006 and Reg.11 Owners Corporations Regulations 2007 Owners Corporation Statement of Advice and Information for Prospective Purchasers and Lot Owners Schedule 3, Regulation12, Owners Corporations Regulations 2007 OC 10 (12/07) What is an Owners Corporation? The lot you are considering buying is part of an Owners Corporation. Whenever a plan of subdivision creates common property, an Owners Corporation is responsible for managing the common property. A purchaser of a lot that is part of an Owners Corporation automatically becomes a member of the Owners Corporation when the transfer of that lot to the purchaser has been registered with Land Victoria. If you buy into an Owners Corporation, you will be purchasing not only the individual property, but also ownership of, and the right to use, the common property as set out in the plan of subdivision. This common property may include driveways, stairs, paths, passages, lifts, lobbies, common garden areas and other facilities set up for use by owners and Occupiers. In order to identify the boundary between the individual lot you are purchasing (for which the owner is solely responsible) and the common property (for which all members of the Owners Corporation are responsible), you should closely inspect the plan of subdivision. How are decisions made by an Owners Corporation? As an owner, you will be required to make financial contributions to the Owners Corporation, in particular for the repair, maintenance and management of the common property. Decisions as to the management of this common property will be the subject of collective decision making. Decisions as to these financial contributions, which may involve significant expenditure, will be decided by a vote. Owners Corporation rules The Owners Corporation rules may deal with matters such as car parking, noise, pets, the appearance or use of lots, behaviour of owners, Occupiers or guests and grievance procedures. You should look at the Owners Corporation rules to consider any restrictions imposed by the rules. Lot entitlement and lot liability The plan of subdivision will also show your lot entitlement and lot liability. Lot liability represents the share of Owners Corporation expenses that each Lot Owner is required to pay. Lot entitlement is an owner s share of ownership of the common property, which determines voting rights. You should make sure that the allocation of lot liability and entitlement for the lot you are considering buying seems fair and reasonable. Further information If you are interested in finding out more about living in an Owners Corporation, you can contact Consumer Affairs Victoria. If you require further information about the particular Owners Corporation you are buying into you can inspect that Owners Corporation s information register. Management of an Owners Corporation An Owners Corporation may be self-managed by the Lot Owners or professionally managed by an Owners Corporation Manager. If an Owners Corporation chooses to appoint a professional manger, it must be a Manager registered with the Business Licensing Authority (BLA). If you are uncertain about any aspect of the Owners Corporation or the documents you have received from the Owners Corporation, you should seek expert advice. Strata Plan Pty Ltd ABN Level 13, 222 Kings Way, South Melbourne VIC 3205 p: e: info@strataplan.com.au strataplan.com.au

207 1 Health, safety and security MODEL RULES FOR AN OWNERS CORPORATION 1.1 Health, safety and security of lot owners, occupiers of lots and others A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier, or user of another lot. 1.2 Storage of flammable liquids and other dangerous substances and materials (1) Except with the approval in writing of the owners corporation, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material. (2) This rule does not apply to (a) chemicals, liquids, gases or other material used or intended to be used for domestic purposes; or (b) any chemical, liquid, gas or other material in a fuel tank of a motor vehicle or internal combustion engine. 1.3 Waste disposal An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots. 2 Management and administration 2.1 Metering of services and apportionment of costs of services (1) The owners corporation must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services. (2) If a supplier has issued an account to the owners corporation, the owners corporation cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier. (3) Subrule (2) does not apply if the concession or rebate (a) must be claimed by the lot owner or occupier and the owners corporation has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or (b) is paid directly to the lot owner or occupier as a refund. 3 Use of common property 3.1 Use of common property (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property. (2) An owner or occupier of a lot must not, without the written approval of the owners corporation, use for his or her own purposes as a garden any portion of the common property. (3) An approval under subrule (2) may state a period for which the approval is granted. (4) If the owners corporation has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal. (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal. (6) Subrules (4) and (5) do not apply to an animal that assists a person with an impairment or disability. 3.2 Vehicles and parking on common property An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle (a)to be parked or left in parking spaces situated on common property and allocated for other lots; or (b)on the common property so as to obstruct a driveway, pathway, entrance or exit to a lot; or

208 (c)in any place other than a parking area situated on common property specified for that purpose by the owners corporation. 3.3 Damage to common property (1)An owner or occupier of a lot must not damage or alter the common property without the written approval of the owners corporation. (2)An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the owners corporation. (3)An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject. (4)An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building. (5)The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair. 4 Lots 4.1 Change of use of lots Example An owner or occupier of a lot must give written notification to the owners corporation if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the owners corporation. If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes. 5 Behaviour of persons 5.1 Behaviour of owners, occupiers and invitees on common property An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property. 5.2 Noise and other nuisance control (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property. (2) Subrule (1) does not apply to the making of a noise if the owners corporation has given written permission for the noise to be made. 6 Dispute resolution (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager, or an occupier or the owners corporation. (2) The party making the complaint must prepare a written statement in the approved form. (3) If there is a grievance committee of the owners corporation, it must be notified of the dispute by the complainant. (4) If there is no grievance committee, the owners corporation must be notified of any dispute by the complainant, regardless of whether the owners corporation is an immediate party to the dispute. (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the owners corporation, within 14 working days after the dispute comes to the attention of all the parties. (6) A party to the dispute may appoint a person to act or appear on his or her behalf at the meeting. (7) If the dispute is not resolved, the grievance committee or owners corporation must notify each party of his or her right to take further action under Part 10 of the Owners Corporations Act (8) This process is separate from and does not limit any further action under Part 10 of the Owners Corporations Act 2006.

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236 OCCUPANTS GUIDE SANDY HILL & GARDENSIDE TOWERS Dear Occupant This booklet should serve as a guide to enhance your stay here. We trust that the enclosed will extend your knowledge of the workings of the building and the management structure. As this building is subject to Owners Corporation laws, some references to additional rules have been included. Your building is a shared complex between both Residential & Commercial occupants. This booklet is however as much about information and services, as it is about rules and regulations. Particularly for new Occupants, this information can help understand matters such as services, keys, general security, car parking and general FAQ s. In order to ensure that the public facilities are maintained at an acceptable level, the Owners Corporation has implemented guidelines, in accordance with the Act. Please read this guide carefully, and ensure that all occupants of your property familiarise themselves with them. Owners and tenants are requested to cooperate in ensuring that these guidelines and are complied with, so that all residents will have an enjoyable and happy occupancy. Non-occupying owners please note: It is your responsibility to ensure your tenants obtain a copy of any additional rules, and this document. 2016

237 Strata Plan Occupants Guide Sandy Hill & Gardenside Bay Rd, Sandringham VIC 3191 Contents Community Portal... 2 Security & Building Access... 3 Entry to the Complex... 3 Swimming Pool... 4 Gymnasium... 4 Sauna... 5 Pets & Animals... 5 Window Furnishings... 5 Connection of Utilities & Services... 5 Moving in & Moving Out... 6 Appliances, Finishes and Cleaning Information... 8 Smoke Alarms... 8 Garbage Collection... 8 Insurance... 8 Car Park & Storage Facilities... 8 General Rules... 9 Waste Management Information Emergencies MFB Advice & False Fire Alarms FAQ s Page 2

238 Strata Plan Occupants Guide Sandy Hill & Gardenside Bay Rd, Sandringham VIC 3191 Community Portal Sandy Hill has introduced a community portal available to all our owners & occupants. Via the portal you can submit repair requests, view owners corporation & building documents, leave instructions for the building manager, answer surveys and much more. To log in and begin using your portal, you must first register and obtain your log in details then go to Once you have logged in, you can edit your unit profile to change your password or any of the preference that how the portal will work for you. Please ensure your address is correct and up to date so that you can be notified when there are important building notices or broadcasted messages. How to register for portal access Please contact the Owners Corporation manager to register for Sandy Hill s community portal. Only requests from lot owners or their authorised representatives can be accepted. Logging Maintenance issues (and building defects) For matters concerning maintenance issues or defects in your apartment, please refer to your Owner s Manual or log your ticket via Please click on My Building, Repairs, Submit Repair Request and follow the prompts to log a defect. Your request will be reviewed by Sandy Hill s building manager and if required escalated onto the builder, who may liaise with you directly. Security & Building Access Sandy Hill is fitted with 24/7 security access & surveillance system. a. A coded security (proximity) card is required to gain access to the building. b. It is the owner s responsibility to supply occupants with proximity cards. If you lose your proximity card, only the lot owner may order a replacement from the owners corporation manager; Strata Plan Tel: spaccess@strataplan.com.au c. In the interests of security, do not leave your security card on view in your vehicle. d. A proprietor or occupier of a lot must promptly notify the Building Manager or Strata Manager if a proximity card is lost or destroyed. e. Your proximity card may stop functioning if it is exposed to direct sunlight, placed near a magnetic source, submerged in water or altered in any way. Entry to the Complex Pedestrian Pedestrians can enter the development via the front entry foyer of the building and secured doors surrounding the building. Each apartment is supplied with proximity card(s) which can be swiped across the reader which is located at the bottom half of secured access points. For your security please ensure all doors close properly behind you upon entry/exit. Finally your apartment entry door key is a restricted key which should not be copied. Visitors Visitors can use the intercom in order to gain remote access to the development. This can be done by using the intercom located at either the front or the rear of the building by pressing the apartment number followed by the bell symbol. E.g Bell. The intercom phone within the apartment will begin to ring with a button Page 3

239 Strata Plan Occupants Guide Sandy Hill & Gardenside Bay Rd, Sandringham VIC 3191 provided able to unlock the respective door to allow access to the development to visitors. The lift are secured to each level, and will temporarily allow visitors access to your level. Bike Bicycle storage facilities are located in the basement levels throughout the building. Push bikes can be stored and locked up within these areas. Car/Motorcycle Your fob will give you access to the car parks. Your vehicle must only be parked in your designated car space which will be marked as per your relevant unit number. Visitors car parking are located in the marked areas surrounding the building. Swimming Pool A Proprietor or Occupier of a Lot must observe the following rules in relation to use of the swimming pool area and ensure that any invitees of the Proprietor or Occupier do not use the swimming pool area except in accordance with the following rules, or those as permitted by the Owners Corporation from time to time; a. Children under the age of 16 must be supervised by an adult at all times. b. Glass objects, drinking glasses and sharp objects are not permitted. c. Alcohol and food are not permitted. d. The swimming pool area is for use by residents and no more than two guests per Lot at anyone time, and guests must be accompanied by a resident at all times. e. Smoking is not permitted. f. For the hygiene of all users of the swimming pool all users must shower before entering the swimming pool. g. Jumping, diving, running, ball games, noisy or hazardous activities are not permitted. h. Spitting is not permitted in the swimming pool area. i. Hours of use: refer to pool signage j. All users must dry off before leaving the swimming pool area. k. Footwear must be worn to and from the swimming pool area. l. Appropriate attire must be worn in the swimming pool area at all times. Nude bathing is prohibited and females must wear a bathing top. m. All users of the swimming pool area do so at their own risk. n. Residents must ensure that their guests comply with these rules. Gymnasium A Proprietor or Occupier of a Lot must observe the following rules in relation to the use of the gymnasium and ensure that any invitees of the Proprietor or Occupier do not use the area except in accordance with the following rules, or those as permitted by the Owners Corporation from time to time; a. Glass objects, drinking glasses and sharp objects are not permitted in the gymnasium. b. The gymnasium is for use by residents only. c. Alcohol and food are not allowed in the gymnasium d. Smoking is not permitted in the gymnasium. e. All users must carry a towel at all times and wipe down equipment after use. f. Hours of use: refer to gymnasium signage g. Suitable footwear must be worn to and from the gymnasium and, whilst in the gymnasium, socks and gym shoes are to be worn at all times. h. Suitable clothing (excluding swimwear) is to be worn whilst in the gymnasium. i. All users must be inducted prior to using the gymnasium. Page 4

240 Strata Plan Occupants Guide Sandy Hill & Gardenside Bay Rd, Sandringham VIC 3191 j. All users of the gymnasium do so at their own risk. k. No music, other than that permitted by the Owners Corporation is allowed in the gymnasium Sauna A Proprietor or Occupier of a Lot must observe the following rules in relation to use of the sauna and ensure that any invitees of the Proprietor or Occupier do not use the sauna area except in accordance with the following rules, or those as permitted by the Owners Corporation from time to time; a. Children under the age of 16 must be supervised by an adult at all times. b. Glass objects, drinking glasses and sharp objects are not permitted. c. Alcohol and food are not permitted. d. The sauna area is for use by residents and no more than two guests per Lot at anyone time, and guests must be accompanied by a resident at all times. e. Smoking is not permitted. f. Hours of use are Monday to Sunday 6.00 am to pm only. g. Appropriate & suitable attire must be worn at all times. h. All users of the sauna do so at their own risk. i. Residents must ensure that their guests comply with these rules. Pets & Animals Please note as per the Owners Corporation rules, occupants planning on keeping a pet or animal within their property, must obtain the owners corporation consent prior to doing so. Please download the Pets & Animals form from the library at and follow the instructions or contact the Owners Corporation Manager for further information. Window Furnishings To maintain architectural consistency of the building when viewed externally, Owners Corporations rules have been established which outline the type and colour of window furnishings which may be installed. A proprietor or occupier of a lot must not install or permit the installation of any window coverings other than as outlined below, or as approved by the Owners Corporation in writing. o o o o All window furnishings must be white backed blinds or venetians. Either manual operated or motorised. All window furnishings must be hung within the recessed ceiling pelmet where provided or surface mounted to the ceiling as near to the window framing as is reasonably practicable. Window furnishings should not be attached to the window framing under any circumstances. The selection of window furnishing fabrics shall be in accordance with the following; backing colour white is always visible to the external façade of the building. Connection of Utilities & Services Cold Water Please contact South East Water on quoting the meter number and/or property address to arrange the connection of a water usage account. Hot Water & Gas Cooktops Page 5

241 Strata Plan Occupants Guide Sandy Hill & Gardenside Bay Rd, Sandringham VIC 3191 It is noted that the connection of gas is not required for the individual apartments within the building. The building is supplied with bulk centralised hot water service and single gas meter. Payment of the hot water & cooktop gas usage is made by the Owners Corporation. Therefore no connections are necessary for the gas service. Electricity Sandy Hill Apartments has been built using an embedded electrical network contracted to OC Energy Pty Ltd for the supply of electricity. To get electricity connected to your apartment you will need to apply formally to OC Energy Pty Ltd for electricity supply in one of the following ways: 1. On-line: Visit our website at and complete an application form on-line. 2. Complete the application forms available from and return to OC Energy; By to: By post to: OC Energy Pty Ltd. PO Box Melbourne, VIC 3004 Telephone & Internet All necessary cabling is in place for phone & internet. Access to each of the services is via your preferred provider. Foxtel All necessary cabling is in place for Foxtel PayTV services. For connection please contact Foxtel NBN National Broadband Network Sandy Hill apartments have been fitted with the necessary cabling for use of the National Broadband Network (NBN). NBN is being rolled out across Australia. Experience the NBN difference by getting connected when it s available in your area. For more information: 1. Visit the library at or 2. Contact NBN directly on 1800 OUR NBN ( ) or Moving in & Moving Out For all those moving in and out of Sandy Hill, must ensure they comply with the Owners Corporation rules, and provide at least 48 hours notice to the Building Manager prior to the proposed move in / out time. No move-ins are to occur without receiving approval from the Building Manager for the day and time of the proposed move. 1. Book your move in via the Sandy Hill portal 2. Log into the portal and Click on Amenity Reservations 3. From the Calendar View, select from one of the available time slots. Note: Only 1 move in, per time slot, per lift is available. 4. Select the Amenity lift (either Move In - North or Move In - South) you wish to book. Note: You may only book the lift allocated to your unit (see chart below). 5. Enter your preferred and available time slot. Move in s strictly limited to 1 hr and 30 min. 6. You will then see your requested booking on the calendar. 7. You will receive a confirmation if your request is accepted. 8. You are advised to notify your movers to be punctual. 9. On the day of your move in, please contact the building manager on who will allocate a parking bay for you (see map below). Parking & Directions Please take extra caution and care whilst moving in to ensure no damage to common areas or your new apartment. Ensure that your furniture will fit inside the lift and through your apartment door prior to arranging removalists. A lift protection blanket will be fitted by the Building Manager for your move. The Page 6

242 Strata Plan Occupants Guide Sandy Hill & Gardenside Bay Rd, Sandringham VIC 3191 cost to repair any damage to the building or common areas will be recovered from the Lot owner. Please note the dimensions of the lifts below: Lift Height(mm) Width(mm) Depth(mm) Door Opening(mm) All Lifts W x 2100H The building manager will help facilitate the move in, ensure no damage to common property has occurred and assist with any general enquiries. The building manager will not assist with any physical work. Please ensure that removalist trucks do not block the car park entrances. Please note the garage has a vehicle height limit of up to 2.1 metres. Furniture may however be moved via the basement level 01 lobbies or the lift closest to your tower. Please ensure minimal disruption during your move. Given the large number of owners/occupants who wish to move in as soon as possible, it s critical that you book a date and time for your move-in. You will only be allowed to move-in after you have settled. Please note that you MUST NOT leave packaging/wrapping/boxes from your move-in anywhere in or around the Sandy Hill precinct. All boxes must be taken away by your removalist company Loading Bay Location The star symbol below, indicates the preferred loading bay location. The building manager will assist with loading bay location, parking and move in directions. Page 7

243 Strata Plan Occupants Guide Sandy Hill & Gardenside Bay Rd, Sandringham VIC 3191 Appliances, Finishes and Cleaning Information Please refer to your apartment manual for more information on finishes, cleaning, appliances, equipment etc. Smoke Alarms If the smoke alarm is beeping it is an indication that the battery needs to be replaced or turned over and placed into the detector correctly. Please ensure that you regularly check and test the operation of the smoke alarm regardless if it is beeping or not. Garbage Collection Garbage Waste & Recycling (for more information refer to Waste Management Information on Page 10) Located at the ground level in the vicinity of the various services room is located the bin room. ALL waste and recycling materials are to be taken down to the bin room and placed appropriately within the respective bin types which will be collected by a private contractor. Not under any circumstances is waste to be left anywhere within the common property including hallways and lifts. Any perpetrators of this action will be dealt with harshly by the owners corporation and risk proceedings issued against them in doing so. You apartment entry door key provides access to this room. Insurance For all owners corporation insurance enquiries, such as certificate of currencies, claim s or advice, please contact the Owners Corporation insurance broker. Alliance Insurance Broking Services 119 Salmon Street, Port Melbourne Vic 3207 Contact: Peter Jubber Phone : Direct : Fax : pjubber@allianceinsurance.com.au Car Park & Storage Facilities Car Park & Storage Cage Allocation For those apartments that have been allocated a car space within the development, please ensure you only park on your allocated space and that it is kept clean and free from any dirt, oils etc. For apartments that have allocated storage cages please note that you will need to provide you own padlock and that the owners corporation insurance policy does not extend to cover you personal items. You should consider professional insurance advice on insuring your personal items. Page 8

244 Strata Plan Occupants Guide Sandy Hill & Gardenside Bay Rd, Sandringham VIC 3191 General Rules For detailed list of the rules refer to Additional Rules available from the Sandhill portal library at Car Parking & Use a. Washing of vehicles is prohibited in the car park basement. b. Occupants are responsible for maintaining a clean & safe car space, Eg: Keeping your car space clear of oil leaks, spills, potentially hazardous items etc... c. Your car space is designed for vehicles only and must not to be used as a storage lot. Mail & Letter Boxes a. No Junk Mail applies to all Mail boxes. b. Replacement mailbox keys may only be purchased via the Strata Manager with the authority of the property owner. Pets and Animals a. The building has a no pets or animal policy. If you re aware of any occupant with pets please advise the owners corporation manager Strata Plan Appearance of a Lot a. A proprietor or occupier of a lot must not place any washing, towel or other article so as to be visible from the common property or outside the building. Window Coverings a. A proprietor or occupier of a lot must not affix any external blind or awning to the lot without the consent of the Owners Corporation. b. A proprietor or occupier of a lot must not install bars, screens or grilles or other devices to the exterior of any windows or doors of a Lot without the prior written consent of the Owners Corporation. c. A proprietor or occupier of a lot must not install or permit the installation of any window coverings other than white backed blinds or venetians i.e. white can only been seen from the exterior of the building, or such other window coverings permitted by the Owners Corporation from time to time. Signs a. Occupiers must not permit the use of the Lot or any part of the Common Property for any public announcement or for the display of any signage, placard or advertisement unless previously approved by the Owners Corporation. Fire Alarms a. A proprietor or occupier identified as the cause of any false fire alarms shall be responsible for the payment of any charges imposed onto the owner s corporation. Storage Lots The proprietor and occupier of a lot must; a. Ensure that no flammable or corrosive liquids are stored in the storage Lots; b. Ensure that the storage Lots are properly maintained and locked at all times; c. Refrain from using the storage Lots in a manner which may cause nuisance, damage or hazard to the adjoining Lots and or Common Property. Noise & General Behaviour All occupiers are asked to be mindful of your fellow neighbours & community living lifestyle; We ask that you keep noise to a minimum and avoid disturbing your neighbours. Noise from musical instruments and amplified sound equipment (TV, hi-fi radios etc) travels easily, particularly late at night when most people are resting. Please consider other residents and keep noise at a reasonable Page 9

245 Strata Plan Occupants Guide Sandy Hill & Gardenside Bay Rd, Sandringham VIC 3191 level, especially at night. Remember, your floor is usually someone else s ceiling. Noise can travel a long way so some simple drilling or hammering may affect people through the entire building. Building Works a. No Building works can be undertaken in a Lot or on Common Property without the Owners Corporation's prior written consent. Foxtel a. Each apartment is pre wired for Foxtel, simply contact Foxtel to arrange your connection. Moving of Certain Articles a. A proprietor or occupier of a lot must not move any article of furniture or any other article likely to cause damage or obstruction through common property without first notifying the Strata Manager. b. A proprietor or occupier of a lot may only move any article of furniture or any other article likely to cause damage or obstruction through common property via the service lifts and in accordance with the directions of the Strata Manager. c. Lift covers are available by request, from the Strata Manager. Smoking and Alcohol a. Smoking and alcohol is prohibited throughout the buildings common property. Security & Building Access a. The complex is fitted with 24/7 security access system b. A coded security card is required to gain access to the building. c. It is the owner s responsibility to supply tenants or incoming owners with security cards. If you lose your security card, you can only obtain replacement from Strata Plan d. In the interests of security, do not leave your security card on view in your vehicle. e. A proprietor or occupier of a lot must promptly notify the Strata Manager if a security card is lost or destroyed. f. Your security card may stop functioning if it is exposed to direct sunlight, placed near a magnetic source, submerged in water or altered in any way. Page 10

246 Strata Plan Occupants Guide Sandy Hill & Gardenside Bay Rd, Sandringham VIC 3191 Waste Management Information GENERAL WASTE - RED LID BINS What CAN I put in our landfill bin? Lots of stuff including: Plastic bags Foam Food waste Broken glass Ruined clothing & shoes What CAN T I put in our landfill bin? NO stuff that doesn t fit easily down the chute WHERE do I put landfill rubbish? In the marked rubbish chute on your floor next to the lift or in the Red Lid bins in the waste refuse located on the Ground Level basement. Suggestions: Put your landfill rubbish in a bag & tie it up before putting it in the chute, to avoid dirtying & stinking out the chute. RECYCLING - YELLOW LID BINS What CAN I put in our recycle bins? Glass bottles (clean, unbroken & lids removed) Glass jars (clean, unbroken & lids removed) Plastic bottles (clean & lids removed) Some plastic containers (clean) Aluminium & steel cans (clean) Paper Cardboard What CAN T I put in our recycle bins? Lots of stuff including: NO plastic bags NO foam NO broken glass NO furniture or other household items NO clothing or shoes NO batteries NO food or garden waste WHERE do I put rubbish for recycling? Suggestions: In the marked rubbish chute on your floor next to the lift or in the Yellow Lid bins in the waste refuse located on the Ground Level basement. Collect your recycling in a reusable container or bin, then empty it straight into the recycle bins & re-use it each time. Don t collect your recycling in plastic bags because they can t be recycled. Leave the largest bins for large cardboard pieces & put your smaller recycling items in the smaller upright bins. Other stuff you can recycle elsewhere: At some Australia Post & Officeworks stores you can recycle: Toner & ink cartridges (from printers & photocopiers) Some councils offer recycling services, for more information contact Bayside City Council CARDBOARD WASTE - BLUE LID BINS WHAT is Cardboard waste? WHERE do I put cardboard waste? Paper & cardboard products, such as boxes & newspaper In the Blue Lid bins in the waste refuse located on the Ground Level basement. What CAN I put is Cardboard Waste Bin? Cardboard & Paper item only HARD RUBBISH WHAT is hard rubbish? WHERE do I put hard rubbish? Household items such as furniture, bedding, clothing & appliances. Notify the Building Manager of your intentions, who will assist with the next steps. The current waste contractor of the owners corporation may collect your rubbish or you may be able to arrange hard rubbish collection via Bayside City Council Waste must not be left on common property. Page 11

247 Strata Plan Occupants Guide Sandy Hill & Gardenside Bay Rd, Sandringham VIC 3191 Emergencies FIRE - AMBULANCE - POLICE Dial 000 SUGGESTED EVACUATION PROCEDURES IN CASE OF FIRE: Upon hearing a fire alarm within the building (even if not your own Apartment) Evacuate via the nearest fire exit stairs Do not use the lifts Please descend the stairs calmly; don't panic Assist elderly and / or the injured Remain in assembly area until all residents are accounted for GENERAL NOTES ON EMERGENCIES Sandy Hill has an automatic fire alarm system, with detectors located throughout the building. If activated, the system will send a signal directly to the MFB. Evacuation diagrams, fire extinguishers and Hoses are located near the lift on each floor. Please familiarise yourselves with these locations. Furthermore, we suggest you do a 'walk through of your nearest emergency door, stairs and exit. DO NOT WAIT FOR A FIRE TO LEARN HOW TO EVACUATE! Fire detection alarms are fitted throughout the building. It is each resident s responsibility to ensure that your units alarms are checked regularly. Smoke is as fatal as flame. If confronted by heavy volumes of smoke, crawl to safety. The cleanest air will be nearest the floor. Do not wedge open fire escape doors. The Fire Brigade often finds wedges holding these doors open. In a fire, this will allow smoke to penetrate the stairwell and ruin it's integrity as a means of safe escape. If you find a wedge holding open a door leading to any stairwell, throw it in the rubbish! On site fire equipment 1) Hose Reels: These are general purpose, but should not be used on electrical or flammable liquid fires. It is only necessary to run out the amount of hose required to reach the fire location. 2) Extinguishers: Dry Chemical (Red). These are general purpose and may be used on all types of fires. Soda Acid or Water / Air type (Red). These are general purpose, but should not be used on electrical or flammable liquid fires. Page 12

248 Strata Plan Occupants Guide Sandy Hill & Gardenside Bay Rd, Sandringham VIC 3191 MFB Advice & False Fire Alarms The following provides basic information on fire alarm systems and assistance for preventing false alarms. Please note the advice for area/s relevant to you. Further information is available from Managing false alarms or from MFB Helpdesk Any occupant found responsible for the triggering of a Fire Alarm may be held accountable for any possible costs, usually ~$ Occupants must, not disconnect their apartment Smoke Detectors and avoid opening your apartment door immediately after cooking. As a resident the MFB expects you to act in a responsible manner to ensure false alarms are not generated. As a guide please refer to the following table; Recommended Actions Advice for prevention of false fire alarms. Common Area Apartments & Accommodation Car Parks Office Area Retail Area Cafes, Restaurants No Smoking Don t use the fire hose except for emergencies Check with owners corporations manager if you wish to employ trades or contractors to work in your area Do not open front door to vent cooking fumes or smoke inside apartment Be aware that balconies may have smoke detectors fitted or under eaves BBQ s on balconies - keep doors and windows closed Regularly clean exhaust fans and keep in good working order Regularly clean toaster to remove crumbs Never walk away from cooking Position portable cooking equipment away from detectors Always switch on your extraction fan over cook-top and oven Clean filters on range hoods *Change cooking extraction fans from recalculating to fully ducted *Hardwire the exhaust fan to the light switch or install motion sensors to activate the exhaust fan **Move detectors if too close to kitchen or bathroom or laundry areas *Keep bathroom doors closed when showering and turn exhaust fans on *Install self-closing bathroom doors *Install vents in bathroom doors for effective airflow *Observe height barriers and do not add to height on roof racks once inside *Do not cause excess exhaust fumes from vehicles *Requires permission from owner **Requires authorisation from Registered Building Surveyor. We also recommend advising your insurance company of changes to your fire alarm system. Page 13

249 Strata Plan Occupants Guide Sandy Hill & Gardenside Bay Rd, Sandringham VIC 3191 FAQ s What is common property? Common Property is generally, a service, facility or property that owners/residents share amongst them as individual owners. Common Property may consist of: entrance foyer, garden areas, passages, driveways, stairways, lifts etc.. What is my Private Property? Generally, the fixtures & fittings within the physical boundaries of your property including balconies, sliding doors & windows. The resident or unit owner s are responsible for maintenance and repair work within their units. Tenants should approach their owners or agents if they have maintenance problems. Structural alterations need the approval of the Owners Corporation; please discuss any proposals with the Strata Manager. Please report any water leakage immediately to the Strata Plan. Why do I pay multiple sets of fees for one property? Where a building is made up of Multiple Owners Corporations a lot may become part of more than one Owners Corporation within a single building. In Sandy Hill s case, Owners Corporation 1 relates to all lots (including the upcoming stages which are yet to be completed), the pool, gym, sauna & meeting room, which is known as an unlimited Owners Corporation. Owners Corporation 2 & 3 (known as limited OC) relates to areas of common property within each tower which are exclusively for the benefit of the lots/apartments in each tower ie: corridors, basement car parking, lifts, hot water boilers ect.. Who decides how much I pay? The amounts of fees you are required to pay are determined by the owners of each owners corporation at a meeting of the owners. These often consider expenditure to cover items such as maintenance, upkeep and administration. Who do we contact for Common property General Repairs or Maintenance? Contact the building manager on or log your concern via I have a split system Air Conditioning unit. Does the owners corporation maintain it for me? No. Your heating and cooling unit is private property and therefore the owner/occupiers responsibility to maintain. I have a storage cage. Who maintains it, and can I change it at all? A storage cage is like a car park being that it is owned by the private lot. Maintenance and management of a cage is the responsibility of the owner/occupier or the lot. Any change made to a storage cage that changes its original outward appearance must be endorsed by the Owners Corporation and must also comply to any rules listed in the Owners Corporation Rules on this topic. I d like to install plants & a large outdoor umbrella on my patio, do I need permission? Yes. Anything that affects the outward appearance of the building requires the permission of the Owners Corporation. What do I do if the lift stops working? Notify the building manager or contact the lift company s 24Hr Emergency number noted inside the lift, or press the telephone button in the Lift and inform them what the problem is. I m leasing or selling my property, do I need permission to erect an agents board / sign? Yes. No signs or boards can be erected unless you have written permission from the Owners Corporation. Page 14

250 Strata Plan Occupants Guide Sandy Hill & Gardenside Bay Rd, Sandringham VIC 3191 What do we do if the Utilities Gas, Water or Power switches off? Generally, local failures or incidents may have an effect on services to the building & your apartment. It is recommended you contact the local utility distributor first, and confirm whether interruptions apply to the area. You may also contact the Building Manager and inform them what the problem is; alternatively, contact Strata Plan. I need to arrange Utility & Telephone connections and the supplier has requested access? You are responsible for providing the supplier access into the complex. The building is commissioned to industry standards and relevant authorities should have access to service cabinets. Alternatively, Electric and Water meters are located in service cupboards located on each floor of the building. If this cupboard is locked please contact the Building Manager to arrange access. I have Noisy Neighbours what can I do? If your neighbours are creating a nuisance by way of noise or other means, its best to consider approaching them and politely inform them of your concern, most times they re unaware of their disruptive actions. Alternatively you could contact the Police, EPA (Environment Protection Authority). Should the problem continue, please notify Strata Plan. Are pets or animals allowed? Owners Corporation consent is required for any pets or animals. Please download & complete the Pets form from the library at and follow the instructions. For more information please contact Strata Plan. False Fire Alarms & Charges Even if you have accidentally triggered the fire alarm and MFB attend you will be liable for any charges incurred. My Security Card has stopped working Have the owner or managing agent contact Strata Plan on to order a new one. Please note charges may apply. I'm locked out of my apartment, what do I do? As an occupier you can contact a locksmith to open your apartment door. If you are a tenant & not the owner, you should contact your property manager or landlord to help with replacement keys. Does the Building Manager or Owners Corporation have a Master key to my apartment? No. Neither the building manager or owners corporation hold master keys to any private lots or apartments. Can I change the key locks on my apartment door? An owner of a private lot owns the key lock in their door. As such an owner can request a key lock be changed should they require to do so. However, care should be considered not to breach any rules surrounding diminishing fire safety of the door owners corporation rules. Is the pool heated and to what temperature? Yes, however the type of heating equipment installed and the subsequent temperatures will vary and often is impacted by many factors including: The size of the pool, Equipment installed to heat it, Utility costs (gas, electricity) and Usage. The building manager would be the first point of contact in clarifying this point. Someone is continually parking in my car space, what can I do? Car parking spaces owned by the lot and are completely private and your responsibility. With this said this limits very much what the owners corporation is able to do in this type of situation. Try identifying the party responsible and making them aware or notify the building manager. If after this nothing is done then it is recommended that the Occupier make a formal complaint with police. Should the problem continue, please Page 15

251 Strata Plan Occupants Guide Sandy Hill & Gardenside Bay Rd, Sandringham VIC 3191 notify Strata Plan and complete a formal complaint. The owners corporation may be able to escalate the matter, however this does require you to identify the party responsible. Key Building Contacts Caretaking & General Repairs & Maintenance Building Manager sandhillbm@gmail.com Tel: The building manager is the primary contact for all building repairs, maintenance, caretaking and general issues. They re on site Monday to Friday and provide 24/7 for all common property after hours emergency repair or maintenance issues. Strata Management (Strata Plan Pty Ltd) Tel: STRATA ( ) info@strataplan.com.au The Owners Corporation manager is Strata Plan Pty Ltd. The Manager is responsible for carrying out day to day administration of the Owners Corporation, report issues relating to common property and seeks & administers the instructions of the Owners Corporation. Strata Plan also provide 24/7 for all common property after hours emergency repair or maintenance issues. Owners Corporation Committee The complex is Strata titled and currently has 2 Owners Corporation s. The Committee undertakes day to day responsibilities for the control and administration of the building. The Committee generally comprises of persons who are unit owners, elected at the Annual General Meeting. Contact with the committee can be made via the Strata Manager. Security Patrol (MONJON) Tel: 0417 MON JON ( ) MONJON are engaged to provide ongoing security patrols & services to the building 7 days a week. Whilst every effort has been made to ensure that the information contained in this brochure is accurate, the Owners Corporation & Strata Plan make no warranties nor do they assume any legal liability for the accuracy, completeness or usefulness of any of the information. Page 16

252 **** Delivered by the LANDATA System, Department of Environment, Land, Water & Planning **** ROADS PROPERTY CERTIFICATE The search results are as follows: Whiting Lawyers via SAI Global Property LEVEL SPENCER ST, WEST MELBOURNE VIC 3003 NO PROPOSALS. As at the 29th January 2018, VicRoads has no approved proposals requiring any part of the property described in your application. You are advised to check your local Council planning scheme regarding land use zoning of the property and surrounding area. This certificate was prepared solely on the basis of the Applicant-supplied address described below, and electronically delivered by LANDATA. UNIT 105, 222 BAY ROAD, SANDRINGHAM 3191 CITY OF BAYSIDE This certificate is issued in respect of a property identified above. VicRoads expressly disclaim liability for any loss or damage incurred by any person as a result of the Applicant incorrectly identifying the property concerned. Date of issue: 29th January 2018 Telephone enquiries regarding content of certificate: [Vicroads Certificate] # '<no reference>' VicRoads Page 1 of 1

253 Land Tax Clearance Certificate Land Tax Act 2005 WHITING LAWYERS VIA SAI GLOBAL PROPERTY LEVEL 3, 355 SPENCER ST WEST MELBOURNE VIC 3003 Your Reference: Certificate No: Issue Date: Enquiries: : JAN 2018 ESYSPROD Land Address: UNIT 105, 222 BAY ROAD SANDRINGHAM VIC 3191 Land Id Lot Plan Volume Folio Tax Payable $0.00 Vendor: Purchaser: GAIL PASCOE FOR INFORMATION PURPOSES Current Land Tax Year Taxable Value Proportional Tax Penalty/Interest Total MS GAIL PASCOE 2018 $35,000 $0.00 $0.00 $0.00 Comments: Property is exempt: LTX Principal Place of Residence. Current Vacant Residential Land Tax Year Taxable Value Proportional Tax Penalty/Interest Total Comments: Arrears of Land Tax Year Proportional Tax Penalty/Interest Total This certificate is subject to the notes that appear on the reverse. The applicant should read these notes carefully. To request an update for this certificate go to: Paul Broderick Commissioner of State Revenue CAPITAL IMP VALUE: SITE VALUE: AMOUNT PAYABLE: $0 $35,000 $0.00 Land Tax Clearance Certificate - Remittance Advice Certificate No: Land ID: Amount Payable: $0.00 State Revenue Office GPO Box 4376 MELBOURNE VIC 3001 Please return this section with your payment. For further information refer overleaf. Do not mark below this line. < < > < >424<424>

254 Notes to certificates under Section 105 of the Land Tax Act 2005 Certificate No: Under Section 96 of the Land Tax Act 2005 (the Act), unpaid land tax (including special land tax and vacant residential land tax) is a first charge on the land to which it relates and should the vendor default, payment will be obtained from the purchaser. The purchaser should take into account the possibility that the vendor may default where land tax has been assessed but not paid. 9. If no land tax (including special land tax or vacant residential land tax) is stated as being payable in respect of the property, the Commissioner will consider himself bound by that certification, in respect of the purchaser, if the land is subsequently found to be taxable and the vendor defaults If land tax (including special land tax and vacant residential land tax) is due but not paid on a property, the Land Tax Clearance Certificate will certify the amount of land tax due and payable on that land. This amount will be binding on the Commissioner of State Revenue (the Commissioner) for purposes of section 96 of the Act whether or not it is paid to the State Revenue Office (SRO) on, or shortly after, settlement. The amount of land tax on this certificate relates to the amount of land tax (including special land tax and vacant residential land tax) due and payable as at the date of the application only and not to any future liability or the tax status of the land. A 'Nil' Land Tax Clearance certificate does not mean that the land on the certificate is exempt from land tax or vacant residential land tax. If land tax (including special land tax or vacant residential land tax) will be payable on a property but payment is not due at the time the application is processed, the certificate will certify the amount that should be retained by the purchaser at settlement and remitted to the SRO. The Commissioner will consider himself bound by this amount against the purchaser, only if the amount is remitted to the SRO within 28 days after settlement If the vendor refuses to be bound by an amount stated by the Commissioner and does not agree to the amount being withheld and remitted at settlement, the purchaser cannot rely on such refusal as a defence to an action by the Commissioner to recover the outstanding amount from the purchaser under Sections 96 or 98 of the Act. The information on a certificate cannot preclude the Commissioner from taking action against a vendor to recover outstanding land tax (including special land tax and vacant residential land tax). For Information Only LAND TAX CALCULATION BASED ON SINGLE OWNERSHIP Land Tax = $0.00 Taxable Value = $35,000 Calculated as $0 plus ( $35,000 - $0) multiplied by cents. Further information If the amount in 3. (above) is understated, the Commissioner has the right to seek recovery of the correct amount, or the balance, as the case may be, from a. the vendor, or b. the purchaser, if the vendor defaults and the certified amount has not been remitted to the SRO within 28 days after settlement. If an amount is certified in respect of a proposed sale which is not completed, the Commissioner will not be bound by the same amount in respect of a later sale of the subject land - another certificate must be applied for in respect of that transaction. Internet Phone Fax Mail sro@sro.vic.gov.au (Attn: Land Tax) (local call cost) State Revenue Office GPO Box 4376 MELBOURNE VIC If an amount certified is excessively high (for example, because an exemption or concession has not been deducted in calculating the amount) the Commissioner will issue an amended certificate, without an additional fee being charged on receipt of sufficient evidence to that effect from the vendor. Payment options Make cheque payable to State Revenue Office, Victoria marked 'Not Negotiable' and return with the remittance advice to: Payment by mail: State Revenue Office GPO Box 4376 MELBOURNE VIC 3001 Land Tax Clearance Certificates are available via the SRO website