STRATA PLAN Attention is directed to the strata scheme by-laws filed with the strata plan. By-laws 1 to 15 registered with the plan

Transcription

1 STRATA PLAN Attention is directed to the strata scheme by-laws filed with the strata plan. By-laws 1 to 15 registered with the plan Registered dealings DEALING NO. DATE OF MEETING BY LAW NO. DESCRIPTION Oct 2002 Special 1 Exhaust fan works Oct 2002 Special 2 Additional air conditioning ventilation equipment AG Oct 2011 Special 3 Replacement of garage door Lot 32

2 Req:RD /Doc:DL Forw: 97-15CB Licence: IOV/0779/97 Edition: y, (6': (A) TORRENS TITLE For the common property "- FOLIO INDENTIFIER CP I SP (B) LODGED BY LTOBox Name, Address or DX and Telephone DYNAMIC PROPERTY SERVICES PTY LTD DX SYDNEY DOWNTOWN Reference (optional): PH: (02) CODE CB (C) The Owners-Strata Plan No certii)' that pnrsuant to a resolution passed on and in accordance with the provisions of- (D) seetion 54 ofthe Com_it), Lana ManagemeRt s Gtiea efth Strata Gh m s < rg ileiel Dil'.' I9j3m Rt) Act 1973 section orderno offierno 47 of the Strata Schemes Management Act 1996 of the Strata Sehemes AdjtJ<!ieater of the Strata Schemes Board the by-laws are changed as follows- (E) R""eale~ By la", -Wo Added by-law No 1 Amenaee By law 1>10 as fully set out below. 14 October 2002 SEE ANNEXURE Added Special By-law number 1 Signed by Dynamic Property Services Pty Ltd (ABN ) by its attorney LISA BRANSON duly appointed by Power of Attorney dated 30 July 'j996 and who hereby states she has not rece' ed any notice of the revocation of such Power Attorney. (Registered Book 4252 No. 966) (F) The common seal of the Owners-Strata Plan No was affixed on 18 February 2003 in the presence of- DYNAMIC PROPERTY SERVICES PTY L TO Signature(s): of witness Mary McAviney Suite 2 Level 5, 162 Goulburn St, Sydney Name(s): being the person(s) anthorised by section 238 of the Strata Schemes Management Act 1996 to attest the affixing of the seal. (G) COUNCILS CERTIFICATE UNDER SECTION 56(4) OF THE STRATA SCHEMES MANAGEMENT ACT 1996 I certify that Council has approved the change of by-laws set out herein. Signatnre of authorised officer: All hand"titing must be in block capitals.. A set of notes on this foml (97-1SCB-2) is available from the Land Titles Office. Page 1 of -±- Checked by (LTO use):

3 Req:RD /Doc:DL /Rev:12-Mar-2003 /Sts:NO.OK /Prt:17-Nov :52 /Pgs:4 STRATA PLAN SPECIAL BY-LAW EXHAUST FAN WORKS: SPECIAL BY-LAW No.1 SPECIALLY RESOLVED that the Owners - Strata Plan No pursuant to section 47 of the Strata Schemes Management Act 1996 make an additional by-law in the following terms: BY-LAW FOR EXHAUST FAN WORKS A. DEFINITIONS i) In this by-law, the following terms are defined to mean: "Community Management Statement" means the community management statement registered with deposited plan "Exhaust Fan Works" means the alterations and additions undertaken by Owners to install a kitchen exhaust system in their lot and so much of the adjoining common property as is necessary (including all ancillary structures) and that is approved by the executive committee of the Community Association of deposited plan no in accordance with by-law 3 of the Community Management Statement. "Owners" means each of the owners of strata plan no ii) Where any terms used in this by-law are defined in the Strata Schemes Managemeni Act 1996, they will have the same meaning as those words are attributed under that Act. B. SCOPE OF BY-LAW iii) Owners must not undertake any Exhaust Fan Works except in accordance with this by-law. C. CONDITIONS Specifications iv) Owners must seek the prior approval of the executive committee as to the specifications, style and materials used for their Exhaust Fan Works and Owners must comply and continue to comply with any other requirements of the owners c~rporation regarding the Exhaust Fan Works. Appearance v) So much of the Exhaust Fan Works that are visible from outside a lot must be in keeping with the rest of the building, such appearance to be approved by the owners corporation (by its executive committee) in its reasonable opinion before the Exhaust Fan Works are carried out. Maintenance vi) Owners must properly maintain and keep the common property to which their Exhaust Fan Works are erected or attached in a state of good and serviceable repair. vii) Owners must properly maintain and keep the Exhaust Fan Works in a state of good and serviceable repair and must replace the Exhaust Fan Works (or any part of them) as required from time to time. viii) To the extent that s 62(3) is applicable, the Owners Corporation determines it is inappropriate to maintain, renew, replace or repair any common property affected by the Exhaust Fan Works proposed under this by-law. Page 2 of4

4 Req:RD /Doc:DL /Rev:12-Mar-2003 /Sts:NO.OK /Prt:17-Nov :52 /Pgs:4 Documentation ix) Before commencing the Exhaust Fan Works the Owner must submit to the Owners Corporation the following documents relating to the Exhaust Fan Works: a) plans and drawings; b) specifications; c) structural diagrams; and/ or d) any other document reasonably required by the owners corporation. Insurance x) Before commencing the Exhaust Fan Works Owners must effect the following insurances in the joint names of the Owner and owners corporation: a) contractors all works insurance; b) insurance required under the Home Building Act 1989 (if required); c) workers compensation insurance; and d) public liability insurance in the amount of $10,000,000. Performance of Works xi) In performing Exhaust Fan Works, Owners must: a) transport all construction materials, equipment, debris and other material, in the manner reasonably directed by the owners corporation; b) protect all areas of the scheme outside their lot from damage by the Exhaust Fan Works or the transportation of construction materials, equipment, debris; c) keep all areas of the building outside their lot clean and tidy throughout the performance of the Exhaust Fan Works; d) only perform the Exhaust Fan Works at the times approved by the owners corporation; e) not create noise that causes unreasonable discomfort, disturbance or interference with activities of any other occupier of the building; f) remove all debris resulting from the Exhaust Fan Works immediately from the building; and g) comply with the requirements of the owners corporation to comply with any by-laws and any relevant statutory authority concerning the performance of the Exhaust Fan Works. Liability xii) Owners will be liable for any damage caused to any part of the common property as a result of the erection or attachment of their Exhaust Fan Works to the common property and will make good that damage immediately after it has occurred. Indemnity xiii) Owners must indemnify the Owners Corporation against any loss or damage the owners corporation suffers as a result of the performance, maintenance or replacement of the Exhaust Fan Works on the common property including liability under section 65(6) in respect of any property of the respective Owner. Cost of Works xiv) The Exhaust Fan Works must be undertaken at the cost of the respective Owner. Licensed Contractor xv) The Exhaust Fan Works shall be done: a) in a proper and workmanlike manner and by duly licensed contractors; and b) in accordance with the drawings and specifications (if any) approved by the local council and owners corporation. Page 30f4

5 Req:RD /Doc:DL /Rev:12-Mar-2003 /Sts:NO.OK /Prt:17-Nov :52 /Pgs:4 Statutory Directions xvi) In performing Exhaust Fan Works Owners must comply with all directions, orders and requirements of all relevant statutory authorities and shall ensure and be responsible for compliance with such directions, orders and requirements by the Owners' servants, agents and contractors. Owners Fixtures xvii) The Exhaust Fan Works shall remain the Owners' fixtures. Right to Remedy Default xviii) If Owners or any of them fail to comply with any obligation under this by-law, THEN the owners corporation may: a) carry out all work necessary to perform that obligation; b) enter upon any part of the parcel to carry out that work; and c) recover the costs of carrying out that work from the defaulting Owner. The Common Seal of the Owners Strata Plan was hereu'lio affixed on 18 February 2003 in the presence of Dynamic Property Services Pty Ltd being the person(s) authorised by Section 238 of the Strata Schemes Management Act, 1996 to attest the affixing of the seal. Signed by Dynamic Property Services Pty Ltd (ABN ) by its attorney Lisa Branson duly appointed by Power of Attorney dated 30 July 1999 and who hereby states that she has not received any notice of the revocation oi such Power of Attorney. (Registered Book 4252 Number 966) Page 4 of4

6 Req:RD /Doc:DL Form: 97-15CB Licence: IOV/0779/97 Edition: 9907 /Rev:12-Mar-2003 /Sts:NO.OK /Prt:17-Nov :53 /Pgs:3 '~::~~~:1.~; \I'III"Xl'll (A) TORRENS TITLE For the common property ~ FOLIO INDENTIFIER CP I SP 63466, only \here" \. (B) LODGED BY LTOBox Name, Address or D X and Telephone CODE DYNAMIC PROPERTY SERVICES PTY LTD DX SYDNEY DOWNTOWN Reference (optional): PH: (02) CB (C) The Owners-Strata Plan No certify that pursnant to a resolntion passed on 28 October 2002 and in accordance with the provisions of- (D) seelien 31 eflhe Cellllfffimty Lane! Management!tet 1989 se.tioo 9f!l!!fala Gll@Il S (HeellolEl De1'elepment) Act 1973 section 47 of the Strata Schemes Management Act 1996 erdefne oraer No ef tfie Strata Seh_es!tEijue!ieater of the trata Sehellles Board the by-laws are changed as follows (E) R~ealeall)" Ill'\'{ p!o Added by-law No 2 Amended bj 121 ~\ No as fully set out below. SEE ANNEXURE Added Special By-law number 2 gned by Dynamic Property Services Ply Ltd (ABN ) by its attorney LISA BRANSON duly appointed by Power of Attorney dated 30 July 1996 and who hereby states she has not received any notice of the revocation of such Power Attorney. (Registered Book 4252 No. 966) (P) The conunon seal of the Owners-Strata Plan No was affixed on 18 February in the presence of- DYNAMIC PROPERTY SERVICES PTY LTD Signature(s): --==~=-77";.fl~0Z;:;;~~:7lt=="" > of witness / Name(s): Mary McAviney Suite 2 Level 5, 162 Goulburn St, Sydney being the person(s) authorised by section 238 of the Strata Schemes Management Act 1996 to attest the affixing of the seal (G) COUNCILS CERTIFICATE UNDER SECTION 56(4) OF THE STRATA SCHEMES MANAGEMENT ACT 1996 I certify that CounCil has approved the change of by-laws set out herein. Signature of authorised officer: All handwriting must be in block capitals. A set ofnoles on this fom1 (97-ISCB-2) is available from the Land Titles Office. Page 1 of 3 Checked by (LTO use):

7 Req:RD /Doc:DL /Rev:12-Mar-2003 /Sts:NO.OK /Prt:17-Nov :53 /Pgs:3 STRATA PLAN ANNEXURE SPECIAL BY-LAW - ADDITIONAL AIR CONDITIONING SPECIALLY RESOLVED that the Owners - Strata Plan No VENTILATION EQUIPMENT: pursuant to section 47 of the Strata Schemes Management Act 1996 make an additional By-I!lw in the following terms: SPECIAL BY-LAW No.2 BY-LAW FOR ADDITIONAL AIR CONDITIONING VENTILATION EQUIPMENT A. DEFINITIONS i) In this by-law: "Additional Air Conditioning Ventilation Equipment" means the additional plant and equipment installed by the owners corporation in the common property to provide improve the air-conditioning performance to individual lots in the building (including all ancillary structures) and approved by the Executive Committee under by-law 2 of the Community Management Statement. "Community Association" means the community association constituted on registration of DP "Community Management Statement" means the community management statement registered with DP "Executive Committee" means the executive committee of the Community Association as constituted or elected under the Community Managem.:,nt Statement. "Owners" means each of the owners or occupiers of lots in Strata Plan No ii) Where any terms used in this by-law are defined in the Strata Schemes Management Act 1996, they will have the same meaning as those words are attributed under that Act. B. SCOPE OF BY-LAW iii) The owners corporation must only install the Additional Air-Conditioning Ventilation Equipment in accordance with: (a) (b) this by-law; and the requirements of by-law 3.4 of the Community Management Statement. C. POWERS & DUTIES iv) The owners corporation shall have the following additional powers, authorities, duties and functions: a) the power to install the Additional Air-Conditioning Ventilation Equipment in the common property; b) the power to enter into arrangements with third parties from time to time for the purchase, installation, repair and replacement of the Additional Air-Conditioning Ventilation Equipment (or any part of it); Page 2 of 3

8 Req:RD /Doc:DL /Rev:12-Mar-2003 /Sts:NO.OK /Prt:17-Nov :53 /Pgs:3 c) the duty to keep the Additional Air-Conditioning Ventilation Equipment installed pursuant to this by-law in good and serviceable repair; d) the power to replace the Additional Air-Conditioning Ventilation Equipment (or any part of it) from time to time as determined by the owners corporation; and e) the power to enter onto any part of the parcel to carry out its duties and functions under this by-law. Notes: In passing the By-law the Executive Committee were asked to give consent subject to the following: Must be an undertaking from BLL that is it is ineffective they will review; Must be an undertaking from BLL that the exhaust outlet will not adversely effect the surrounding Lot Owners courtyard; and If owners are dissatisfied BLL will review. The Common Seal of the Owners Strata Plan was hereunto affixed on 18 February 2003 in the presence of Dynamic Property Services Pty Ltd being the person(s) authorised by Section 238 of the Strata Schemes Management Act, 1996 to attest the affixing of the seal. Signed by Dynamic Property Services pty Ltd (ABN ) by its attorney Lisa Branson duly appointed by Power of Attorney dated 30 July 1999 and who hereby states that she has not received any notice of the revocation of such Power of Attorney. (Registered Book 4252 Number 966) Page 3 of3

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