ANNEXURE A SPECIAL CONDITIONS TO AND FORMING PART OF THE CONTRACT FOR SALE OF LAND OR STRATA TITLE BY OFFER AND ACCEPTANCE

Transcription

1 ANNEXURE A SPECIAL CONDITIONS TO AND FORMING PART OF THE CONTRACT FOR SALE OF LAND OR STRATA TITLE BY OFFER AND ACCEPTANCE THE PARTIES AGREE with each other as follows: 1. DEFINITIONS In these Special Conditions: Act means the Strata Titles Act 1985 as amended; clause unless otherwise stated, a reference to a clause means a clause in these Special Conditions; Contract means the Contract for Sale of Land or Strata Title by Offer and Acceptance to which these Special Conditions are annexed; Council means the City of Gosnells; Deposit Authority means the authority to the Deposit Holder which is attached to the Contract as Annexure B; Deposit Holder means the Seller Agent named in the Contract or such other stakeholder as may be appointed by the Seller as a substitute; General Conditions means the Joint Form of General Conditions for the Sale of Land 2011 Revision adopted jointly by The Law Society of Western Australia (Inc) and The Real Estate Institute of Western Australia (Inc); Landgate means the Land Information Authority (and includes any department which succeeds to its role); Lot means each survey-strata title lot shown on the Survey-strata Plan; Preliminary Plan means the preliminary Survey-strata Plan which is annexed as Attachment 2 of the Seller s Statement; Property means the Lot described in the Contract (and which, for identification purposes, is the lot delineated and shown on the Preliminary Plan); Registration Date means the date nominated by the Seller, being a date which is not later than 24 months from the Contract Date, on which the Seller shall lodge at Landgate an application for registration of the Survey-strata Plan; Relevant Authority means any municipal, government or statutory authority, or any person or entity to whose systems the Site is connected at any time (and includes, without limitation, any supplier of electricity, gas, water, sewerage, drainage, telecommunications or emergency services); Special Conditions v1 (PJY.CK ) - final (no highlights) 1

2 Seller's Statement means the statement of notifiable information given or to be given to the Buyer in accordance with Part V of the Act and which is annexed to and forms part of the Contract and is marked as Annexure C; Settlement Date means the date for settlement determined pursuant to clause 3.3; Site means all that land located at and known as 105 Verna Street, Gosnells, Western Australia being part of the land presently known as Lot 127 on Diagram 38665, the whole of the land in certificate of title volume 303 folio 39A and where the context permits, includes any part of that land. Special Conditions means the terms and conditions contained in this document headed Special Conditions ; Strata Company means the strata company established under the Act upon and by virtue of the registration of the Survey-strata Plan; Strata Company s By-Laws means the Strata Company s by-laws as contained in the Seller's Statement including any by-laws which are to be adopted by the Strata Company in substitution for or by way of amendment of the by-laws contained in schedules to the Act; Survey-strata Plan means the survey-strata plan generally in accordance with the Preliminary Plan to be prepared and registered in accordance with these Special Conditions; Unit Entitlement has the meaning given to that expression in the Act; and Except where they are defined in this clause 1, words and expressions defined in the General Conditions shall have the same respective meanings when used in these Special Conditions. 2. CONDITION PRECEDENT TO SETTLEMENT 2.1 Preparation of Survey-strata Plan The parties acknowledge and agree that if at the date of the Contract, the Survey-strata Plan has not been registered at Landgate: (i) (ii) (iii) (iv) the Property is part of the Site but has not yet been created as a Lot; the parties intend to deal with the Property only as a Lot with its own certificate of title; the Planning Commission has given its conditional approval to the subdivision of the Site and is prepared to endorse the Surveystrata plan once certain conditions set out by the Planning Commission have been fulfilled; and Settlement cannot occur until after the Survey-strata Plan has been registered at Landgate and a new certificate of title has issued for the Property.

3 If the Seller has not already done so, the Seller shall, as soon as reasonable practicable, prepare the Survey-strata Plan, apply to have the Survey-strata Plan approved in accordance with the Act and lodge an application for registration of the Survey-strata Plan at Landgate. 2.2 Registration of Survey-strata Plan This Contract is conditional on the Survey-strata Plan being duly registered at Landgate within 24 months after the Contract Date. If, at any time, any condition is imposed: (i) (ii) (iii) as a condition of the approval of the Planning Commission; as a condition of the approval of any other Relevant Authority whose approval is required in connection with the subdivision of the Site; or by an inspector or an officer of Landgate, with which the Seller is unable or unwilling to comply, the Seller may elect not to proceed with the subdivision of the Site or the registration of the Survey-strata Plan unless and until the matter is resolved to the satisfaction of the Seller. (d) If the condition in clause 2.2 is not satisfied within the relevant time period stipulated in that clause, either party may give a written notice to the other electing to terminate the Contract. As soon as practicable after such notice is given, the Deposit Holder must repay to the Buyer the Deposit and any other money paid by the Buyer to the Deposit Holder under the Contract without deduction and, upon repayment, the Contract shall cease to have effect and neither party shall have any claim against the other under the Contract, at law or in equity. Condition 13 of the General Conditions does not apply to the Contract and is deleted. 2.3 Period for Registration of Survey-strata Plan For the purposes of sub-section 70(4) of the Act, the Buyer may exercise its rights under that sub-section only if the Survey-strata Plan is not registered at Landgate within 24 months after the Contract Date. 3. PURCHASE PRICE AND SETTLEMENT 3.1 Deposit The Seller and the Buyer acknowledge and agree that, in compliance with the provisions of section 70 of the Act, the Deposit and all other money payable by the Buyer prior to the registration of the Survey-strata Plan will be held by the Deposit Holder upon trust for the Buyer until the registration of the Survey-strata Plan. Once the Survey-strata Plan is registered, the Deposit Holder shall hold such money as stakeholder for the parties until the Settlement Date.

4 The Buyer and the Seller hereby irrevocably authorise and instruct the Deposit Holder, subject to clause 6.2 and any relevant obligation at law: (i) (ii) to lodge the Deposit in an interest bearing trust account with an Australian bank; and to release the Deposit to the Seller on the Settlement Date whether or not Settlement has actually occurred, so long as the Seller is not then in default under the Contract. (d) The Buyer acknowledges and agrees that it will do all other acts or things and provide such other authority as may be necessary to permit the Deposit Holder to release the Deposit to the Seller on the Settlement Date in accordance with the authority granted in clause 3.1. Without limiting the generality of this obligation, the Buyer agrees to sign the Deposit Authority contemporaneously with signing the Contract. 3.2 Settlement Date If the Contract is entered into prior to the registration of the Survey-strata Plan at Landgate, the Seller shall notify the Buyer in writing within 7 days after Landgate issues a separate certificate of title for the Property. If the Contract is entered into prior to the registration of the Survey-strata Plan at Landgate, Settlement shall take place on a date, nominated in writing by the Seller's Representative by not less than 2 Business Days' notice, which is not less than 14 days and not more than 28 days after the issue from Landgate of a separate certificate of title for the Property. If the Contract is entered into after the registration of the Survey-strata Plan, Settlement shall take place on the date specified in the Contract but if no date is specified then on the date which is 28 days after the Contract Date. 3.3 Encumbrances The Buyer acknowledges that the Site is subject to planning and development controls and requirements of the Western Australian Planning Commission, the Council and other Relevant Authorities. The Buyer accepts, as an encumbrance on the title to the Property or on the Survey-strata Plan, any easement, encroachment, restriction or covenant (positive or negative) which may exist at the Contract Date or which may be created or imposed prior to or after Settlement, pursuant to a requirement of the Western Australian Planning Commission, the Council or any other Relevant Authority. The Buyer accepts as an encumbrance on the title to the Property or on the Survey-strata Plan any notification (in the form of a memorial or otherwise) which may exist at the Contract Date or which may be created or imposed prior to or after settlement, pursuant to section 165 of the Planning and Development Act 2005, Section 70A of the Transfer of Land Act 1893 or Section 6 of the Act.

5 (d) Without limiting the generality of clause 3.3, Western Power has advised it may require service access rights as an easement for the transmission of electricity by underground cable. 4. STRATA TITLES ACT 4.1 Subject to Act The Property is purchased subject to the following: (d) (e) the provisions of the Act; the Unit Entitlement of each of the Lots and all other matters, restrictions and interests for the time being contained in, endorsed upon or annexed to the Survey-strata Plan; the easements for support, shelter and services expressed or implied by virtue of the Act in favour of or against the proprietor of any Lot and all rights ancillary thereto; the Strata Company s By-Laws; and all easements and rights of exclusive use as shown on the Preliminary Plan or otherwise described in the Contract and its annexures or as otherwise permitted in accordance with this Contract, and no objection shall be taken, requisition made or compensation claimed by the Buyer with respect to any of those matters. 4.2 Variations to Survey-strata Plan For the purposes of this clause 4.2: Area of the Property means the area within the cadastral boundaries of the Property measured in square metres. (d) (e) The Seller reserves the right to deviate from the description and dimensions of the Lots as it deems necessary or as any Relevant Authority may require. The Buyer shall not be entitled to terminate the Contract or make any objection, requisition or claim for compensation by reason of any variation in the areas or dimensions of the Property (except to the extent permitted under clause 4.2(d)). If the actual Area of the Property is less than 95% of the intended Area of the Property as shown on the Preliminary Plan, the Purchase Price shall be reduced at settlement to an amount calculated by multiplying the Purchase Price by the fraction obtained by dividing the actual Area of the Property by the figure which is 95% of the intended Area of the Property as shown on the Preliminary Plan. In the event of a dispute as to any claim arising under clause 4.2(d), the matter shall be determined by the Seller s surveyor who shall act as an expert and not an arbitrator. His decision shall be final and binding on the parties except in the case of manifest error.

6 (f) (g) (h) The parties acknowledge and agree that any reduction in the Purchase Price made pursuant to clause 4.2(d) is in full and final satisfaction of any claim which the Buyer may have in respect of any difference between the intended Area of the Property as shown on the Preliminary Plan and actual Area of the Property. The Buyer shall not be entitled to terminate the Contract or make any objection, requisition or claim for compensation by reason of any variations between the Preliminary Plan and the Survey-strata Plan in respect of the number of Lots or the size or location of any Lot (other than the Property). No error or misdescription of the Property will annul the sale or entitle the Buyer to compensation except as expressly provided in these Special Conditions. 4.3 Strata Company The Seller shall, within 3 months after the Registration Date, convene and hold the first annual general meeting of the Strata Company at which meeting the Seller shall deliver to the Strata Company all documents, notices and records described in section 49(3) of the Act. If the Strata Company s By-Laws amend the by-laws contained in Schedule 1 and/or 2 to the Act, but are not contained within a management statement registered with the Survey-strata Plan then, at the first annual general meeting of the Strata Company, the Seller shall cause the Strata Company to adopt the Strata Company s By-Laws. 5. CONSTRUCTION OF DWELLINGS AND OTHER IMPROVEMENTS 5.1 Council Development Standards The Buyer acknowledges that it is aware that specific development standards apply under the City of Gosnells Local Planning Policy LPP relating to stormwater management/drainage that may influence development opportunities on the Lot. The Council has advised that it requires that the following clause be included in the Contract: The subject site has a split residential coding under Town Planning Scheme No.6 and is therefore subject to the provisions of the Council s Local Planning Policy LPP Subdivision and Development of Land with a Split Residential Density Code. That Policy is publicly available on the City s website and contains development standards relating to stormwater management/drainage. Those standards will influence development opportunities on the subject site and it is therefore recommended that independent engineering advice is sought as part of any development proposal. Further information on this matter is available from the City of Gosnells Technical Services branch. 5.2 Fences The Seller does not intend to construct any dividing fences or walls as part of the development of the Site other than dividing fences to separate Lot 2 on the Survey-strata Plan from the adjoining Lots ( Lot 2 Dividing Fence ). The Seller will arrange for the construction of the Lot 2 Dividing Fence prior to settlement.

7 If the Property being purchased is Lot 1, 3, 4 or 5 then, at settlement, the Buyer will pay to the Seller an amount equal to 50% of the cost of constructing that part of the Lot 2 Dividing fence which separates Lot 2 from the Property. (d) The Buyer will accept the Seller s reasonable calculation and apportionment of the actual cost of the Lot 2 Dividing Fence. (e) The Buyer acknowledges and accepts: (i) (ii) (iii) the Seller s right to construct dividing fences on the Site where the Seller considers it necessary; the height, width, shape, colour and design of dividing fences constructed by the Seller; and that dividing fences may encroach into the Property, and the Buyer shall not make any objection or claim any compensation or other relief from the Seller with respect to any of those matters. (f) (g) If any dividing fence constructed by the Seller which is supposed to be on the boundary of the Property is outside the boundary of the Property or encroaches onto the Property, the Buyer shall have no claim against the Seller in that respect. So long as the Seller remains registered as the proprietor of any land adjoining the boundaries of the Property, the Buyer and its successors in title to the Property shall not make any claim against the Seller for any contribution to the cost of erecting any dividing fences or walls pursuant to the provisions of the Dividing Fences Act 1961 or otherwise. 5.3 Unexploded Ordnance The Fire and Emergency Services Authority of Western Australia (FESA) has advised the following: The Fire and Emergency Services Authority of Western Australia (FESA) advises that historical research has revealed that during the past 100 years, former elements of the Australian Driving Forces may have conducted training and/or operational activities within or close to the area of the proposed subdivision. It is possible that as a result of these activities, the subject area may contain unexploded ordnance (UXO). Whilst it is considered that the possible risk from UXO on the land subject to this approval is minimal, an absolute guarantee that the area is free from UXO cannot be given. Should, during subdivisional works, or at any time, a form or suspected form of UXO be located, FESA has advised that the following process should be initiated: (d) do not disturb the site of the known or suspected UXO; without disturbing the immediate vicinity, clearly mark the site of the UXO; notify Police of the circumstances/situation as quickly as possible; and maintain a presence near the site until advised contrary by a member of the Western Australian Police Service of Defence Forces.

8 6. BUYER S ADDITIONAL OBLIGATIONS 6.1 Caveats The Buyer must not, without the Seller s prior written consent, lodge a caveat in respect of its interest as buyer of the Property or in respect of any rights conferred on the Buyer under the Contract. If the Buyer lodges a caveat against the title to the Site or the Property and the Seller requests the Buyer to withdraw its caveat then the Buyer, at its own cost, shall prepare and execute a withdrawal of the caveat and deliver it to the Seller within 14 days of such request, together with the fee payable on registration of the withdrawal of caveat at Landgate. 6.2 Existing and Future Mortgages If the Site is encumbered or to be encumbered by a mortgage, insofar as it relates to the Property, the Seller will procure and register at Landgate, a discharge of such mortgage on or before the Settlement Date and, for that purpose, 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) shall be held by the Deposit Holder and applied by it to discharge any such mortgage. If the Contract is a terms contract and the Site is not subject to a mortgage at the date of execution of this Contract then the Buyer consents to the Seller encumbering the Site by granting a mortgage or mortgages over the Site on the basis that the mortgage is removed from the title to the Property at or before settlement in accordance with clause 6.2. If the Contract is a terms contract and the Seller has not granted a mortgage over the Site within 28 days from the Contract Date then the Buyer shall, upon request, give to the Seller within 14 days of each such request, a consent in writing to the Seller granting a mortgage over the Site. 7. GENERAL PROVISIONS 7.1 Goods And Services Tax The parties acknowledge that the Purchase Price stated in the Contract is inclusive of GST. Where the Seller has a liability for GST for the supply of the Property under the Contract and is entitled to use the Margin Scheme (as defined in the GST Act), the Seller and the Buyer agree that the Seller shall apply the Margin Scheme to calculate its GST liability. Except as stated in clause 7.1, where any party to this document ( Supplier ) is liable to pay GST in connection with the supply of any goods and/or services supplied under this document ( Affected Goods and/or Services ), the Supplier may add an amount equal to the amount of the GST to the agreed price of all Affected Goods and/or Services.

9 (d) (e) Except as stated in clause 7.1, any party paying consideration for the Affected Goods and/or Services under this document will pay the agreed price plus an amount equal to the amount of the GST on the due date for payment or, if no date for payment is specified, then within 10 Business Days after receiving the relevant tax invoice. If required by the GST Act, the Supplier shall issue a tax invoice to the other party indicating the amount of the GST and otherwise complying with the requirements of the GST Act. 7.2 Assignment of Contract The Seller may transfer its interest in the Site and assign its interest in the Contract to any person (which may include the Seller as a co-purchaser or co-transferee) ( transferee ). The Seller will notify the Buyer of any such transfer. Upon notice, the transferee will assume all the Seller's rights and obligations under the Contract and the transferee may enforce the Contract against the Buyer. The Buyer shall not assign or attempt to assign its interest in the Contract to any person without obtaining the Seller s prior written consent to the assignment. 7.3 Entire Agreement The Contract (including the General Conditions and these Special Conditions) constitutes the entire agreement between the parties with respect to the sale and purchase of the Property and: (i) (ii) (iii) supersedes any previous agreement between the parties relating to the sale and purchase of the Property; contains all of the representations, warranties, covenants and agreements of such parties; and there are no written or oral statements, representations, undertakings, covenants or agreements given or made by the Seller or the Seller Agent or otherwise existing between the parties, express or implied, except as are contained in the Contract or implied by law. The Buyer acknowledges and agrees that: (i) any brochures, reports, advertisements, summaries, descriptions, dimensions, references to conditions and other materials provided by or on behalf of the Seller or the Seller Agent were provided in good faith and are believed to be correct but were provided on the basis that the Buyer has no right of recourse against the Seller or the Seller Agent in the event of any error in or omission from any such material; and

10 (ii) it has entered into the Contract in reliance solely upon its own examination, inspection, enquiries, opinions and advices received and not upon any statement, warranty or representation whatsoever made by or on behalf of the Seller or the Seller Agent and notwithstanding the contents of any brochure, document, letter or publication made, prepared or published by or on behalf of the Seller or the Seller Agent including, but not limited to, any artists' impressions. 7.4 Applicable Law For all purposes, the Contract shall be governed by and construed in accordance with the laws of Western Australia and the parties hereby submit to the jurisdiction of the Courts of Western Australia in determining any matter or dispute arising under or incidental to the Contract. 7.5 Contract Form and General Conditions To the extent to which there is any inconsistency between these Special Conditions and either the Contract form to which they are attached or the General Conditions, these Special Conditions shall prevail. Without limiting the generality of this statement, it is agreed that Conditions 4.2, 9, 10.2, 10.3, 10.4 and 15 of the General Conditions do not apply to the Contract and are hereby deleted. (Buyer) (Witness) (Date) (Buyer) (Witness) (Date) (Seller) (Witness) (Date) (Seller) (Witness) (Date)

11 Form 28 DISCLOSURE STATEMENT SALE OF STRATA TITLED LOT OR PROPOSED STRATA TITLED LOT FOR SELLER S INFORMATION 1. The information incorporated in this statement Section 69 Strata Titles Act 1985 must be given to a prospective purchaser of a strata titled lot before the prospective purchaser makes an offer to purchase, accepts an offer to sell or enters into a contract to purchase the strata titled lot; and may be given in the form of this statement or may be incorporated in the contract of sale of the strata titled lot. 2. This statement applies to the sale of a lot on a strata plan or a survey-strata plan. 3. If certain changes occur in relation to the strata company, the strata/survey-strata plan or the common property (as set out in section 69C(3) of the Strata Titles Act 1985 and mentioned in Form 29), before settlement, you must give notice in writing of those changes to the prospective lot.purchaser as soon as you become aware of those changes. 4. Failure to give this statement or incorporate the information in the contract of sale or failure to notify of any changes may give the prospective purchaser the right to terminate the contract. Exercise of this right by the prospective purchaser is restricted if this statement or notification of any changes was given at any time before settlement. Parts 1 and 3 must be completed in every sale of a strata titled lot or proposed strata titled lot. Part 2 must be completed where the strata titled lot or proposed strata titled lot is being sold by the original proprietor, in any of the cases listed in Part 2. FOR PURCHASER S INFORMATION 1. The land to which this statement relates, and any ensuing contract of sale, is part of a strata titled scheme which is governed by the Strata Titles Act You should read the information incorporated in this statement as it identifies the lot which you are proposing to purchase; and sets out what your rights and obligations will be in relation to the lot if you purchase the lot. 3. You may have a right to terminate the contract to purchase the lot if before entering into the contract, you were not given this statement or the information in this statement was not incorporated into the contract; or certain changes occur in relation to the strata company, the strata/survey-strata plan or the common property (as set out in section 69C(3) of the Strata Titles Act 1985 and mentioned in Form 29) before settlement and you have not been given notice in writing of those changes. 4. Your right to terminate the contract is restricted if this statement or notification of any changes was given at any time before settlement. 5. If you are uncertain as to any of these matters you should obtain independent advice from a lawyer or other expert before signing any offer to purchase, accepting an offer to sell or entering into a contract to purchase the Annexure D Form 28 SLP v1 CK ( ) - final (no highlights and cover pages)

12 PART 1 COMPULSORY DISCLOSURE OF INFORMATION BY EVERY VENDOR Particulars of purchaser and strata company Description of lot to be sold: lot.... on *strata/survey-strata plan no.... Street address of lot. Proposed Strata Lot being currently part of Lot 105 Verna Street, Gosnells, Western Australia Name of prospective purchaser(s)... Purchaser s address... Name of Scheme (Building)... *Address of strata company / name and address of agent (for obtaining section 43 certificate or inspection of records of strata company) Contact person (if known)... Telephone... (* Delete whichever is inapplicable) Information in relation to Lot, Strata/Survey-strata scheme The following documents must be attached to this statement: 1. A copy of Form 29 entitled Buying and Selling a Strata Titled Lot. The standard by-laws are set out in or attached to Form 29. See Attachment No A copy of the registered or proposed strata/survey-strata plan with the lot to be purchased clearly identified and drawing attention to any information on the plan which relates especially to the lot. See Attachment No A statement of the unit entitlement or proposed unit entitlement of all lots in the scheme or proposed scheme and the aggregate or proposed aggregate unit entitlement. This statement may be included in the attached copy of the registered or proposed strata/survey-strata plan see Attachment No. 2; or a separate statement see Attachment No A copy of all non-standard strata company by-laws in the case of an existing scheme, that have been recorded on the strata/survey-strata plan or have been passed by the strata company within the previous 3 months and not yet recorded on the strata/survey-strata plan; or in the case of a proposed scheme, that are proposed to apply to the scheme, including, where applicable, a Schedule 2A Management Statement. See Attachment No. 4 Annexure D Form 28 SLP v1 CK ( ) - final (no highlights and cover pages)

13 PART 2 DISCLOSURE BY ORIGINAL PROPRIETOR WHEN STRATA LOT SOLD FOR FIRST TIME Part 2 must be completed only where the original proprietor is the vendor and the strata titled lot being purchased is on a strata/survey-strata plan that has not been registered; or if the first annual general meeting of the strata company has not been held by the original proprietor; or if the original proprietor is the owner of 50% or more of the lots in the strata/survey-strata scheme; or if the original proprietor has 50% or more of the aggregate unit entitlement in the strata/survey-strata scheme. Additional information in relation to strata/survey-strata scheme 1. Agreements for provision of amenities, management or other services Have either of the strata company or the original proprietor entered into, or propose to enter into, any management agreement, service or maintenance agreement or other agreement for the provision of any amenity or service to the strata company or to any part of the common property or any lot? YES [ ] NO [ X ] If yes give details of the terms and conditions of every such agreement, the consideration for it and the estimated costs to the proprietor of the lot OR attach copies of the agreements 2. Pecuniary interest in agreements Does the original proprietor have any direct or indirect pecuniary interest, other than as a proprietor of a lot, in any of the agreements referred to in question 1? YES [ ] NO [ X ] Annexure D Form 28 SLP v1 CK ( ) - final (no highlights and cover pages)

14 If yes give details of the pecuniary interest(s) OR attach details Estimated strata company receipts and expenditure Attach a copy of the estimated receipts and expenditure of the strata company for the 12 month period from the later of the day of registration of the strata/survey-strata plan; or the day of the last annual general meeting or, if none has been held during the 15 months preceding the date of the contract, from the settlement date stated in the contract. No receipts or expenditure anticipated in 12 month period. Therefore no attachments 4. Administrative fund of the strata company Is there an administrative fund or proposed administrative fund? YES [ ] NO [ X ] If yes, the contribution or proposed contribution for the Lot, under section 36(1) of the Strata Titles Act 1985, is $... per annum, which is payable [ ] annually [ ] by half-yearly instalments of $... [ ] by quarterly instalments of $... [ ] otherwise (please specify) Reserve fund of the strata company Is there a reserve fund or a proposed reserve fund? YES [ ] NO [ X ] Annexure D Form 28 SLP v1 CK ( ) - final (no highlights and cover pages)

15 If yes, the amount of the contribution or proposed contribution for the Lot, under section 36(2) of the Strata Titles Act 1985, is $...per annum, which is payable [ ] annually [ ] by half-yearly instalments of $... [ ] by quarterly instalments of $... [ ] otherwise (please specify) Proposed lease, licence, exclusive use or special privilege Have either of the strata company or the original proprietor granted or propose to grant any lease, licence, right of exclusive use or special privilege over the common property or any part of it to the purchaser or any other person? YES [ ] NO [X] If yes give details of each lease, licence, right of exclusive use or special privilege, or proposed lease, licence, right of exclusive use or special privilege OR attach copies of each lease, licence, right of exclusive use or special privilege or proposed lease, licence, right of exclusive use or special privilege Annexure D Form 28 SLP v1 CK ( ) - final (no highlights and cover pages)

16 PART 3 ACKNOWLEDGMENT OF RECEIPT OF NOTIFIABLE INFORMATION Statement by Vendor(s) Name(s) Address(es) Julian Bennett Stawell 32 King Albert Road, Trigg, Western Australia *I/We, the Vendor(s), hereby certify that the notifiable information in relation to the Strata lot as described in Part 1 of this form, as required by section 69 of the Strata Titles Act 1985, has been given to * the prospective purchaser(s); or * the listing agent to provide it to the prospective purchaser(s), before the offer or contract to purchase this property was signed by the purchaser. *I/We authorise the prospective purchaser(s) to inspect the records of the strata company. Vendor(s) signature(s)... Date... (* Delete whichever is inapplicable) Acknowledgment by prospective purchaser(s) *I/We, the prospective purchaser(s) described in Part 1 of this form, acknowledge that *I/we have received notifiable information in respect of the lot described in Part 1 of this form and understand that the disclosure given by the vendor(s) or by the selling agent is not an offer or a contract to purchase a strata titled lot, but only provides information to *me/us. Prospective purchaser(s) signature(s)... Date... (* Delete whichever is inapplicable) Statement by selling agent I,... (name of agent), of... (name of firm), as selling agent, hereby certify that the notifiable information for this property, as provided by the vendor, has been given to the prospective purchaser(s). Selling agent s signature... Date... [Form 28 inserted in Gazette 14 Apr 2000 p ] Annexure D Form 28 SLP v1 CK ( ) - final (no highlights and cover pages)

17 - ATTACHMENT 1 - FORM 29 & SCHEDULE 1 AND 2 BY-LAWS

18 buying and selling a strata titled lot APPROVED BY THE REAL ESTATE INSTITUTE OF WESTERN AUSTRALIA (INC.) COPYRIGHT REIWA 2012 FOR USE B Y REIWA MEMB ERS FORM 29 Strata Titles Act 1985 Section 69A(f) BUYING AND SELLING A STRATA TITLED LOT This information applies to lots in a strata scheme and a survey-strata scheme. If you are uncertain about any matter mentioned below you should obtain independent advice from a lawyer or other expert BEFORE signing an offer to purchase or sell or entering into a contract to purchase a strata titled lot. If you intend BUYING A STRATA TITLED LOT, you should note that as owner of the lot you will be subject to the following obligations and restrictions. 1. You will be buying the strata titled lot AND a share in the common property in the strata titled scheme. The lot number on the strata or survey-strata plan may not correspond with the unit/apartment number used for postal purposes. 2. The strata titled scheme consists of all the lots and the common property which are shown on the strata or survey-strata plan. On a strata plan, the common property may comprise parts of a building or buildings (eg. walls, floors, roof) in which the lots may be situated and any land not part of a lot. On a survey-strata plan, the common property is those lots shown as "CP lots" on the plan and will include any building which is situated on a common property lot. 3. As an owner of a strata titled lot, you will be a member of the strata company and entitled to participate in its management. A strata company automatically comes into existence on registration of the strata or survey-strata plan. 4. Your right to deal with the lot and to use the common property is restricted because it is subject to the Strata Titles Act 1985 as amended, the by-laws of the strata company, any resolutions which the strata company may have passed, and management by the strata company. A copy of the standard by-laws for strata companies which is contained in the Strata Titles Act 1985, is printed at the end of or is attached to this brochure. The standard by-laws may be repealed, changed or added to by the strata company. The standard by-laws may be changed by a Management Statement registered at the same time the strata or survey-strata plan is registered. Later changes to the by-laws by the strata company will be recorded in its records and must be registered on the strata or survey-strata plan within 3 months. Restrictions on the use of the lot may also be shown on the strata or survey-strata plan. The strata company may have passed resolutions which aect the lots and common property, e.g. approving a plan of re-subdivision or a transfer or lease of common property. These resolutions are recorded in the minutes of meetings of the strata company. 05/12808 page 1 of 2

19 buying and selling a strata titled lot APPROVED BY THE REAL ESTATE INSTITUTE OF WESTERN AUSTRALIA (INC.) COPYRIGHT REIWA 2012 FOR USE B Y REIWA MEMB ERS 5. You will be liable to pay a strata levy to the strata company for administrative expenses, including maintenance, upkeep and repair of buildings forming part of or on the common property, and insurance of the common property, unless you are in a scheme of 2 to 5 lots which may be exempt from these requirements. Your contribution will be calculated in proportion to the unit entitlement of the lot to the aggregate unit entitlement of all the lots on the strata or survey-strata plan, unless the strata company has passed a by-law to change the basis on which the contributions are proportioned. The unit entitlement is found on the strata or survey-strata plan. You may also be liable to contribute to a reserve fund for contingent expenses, which will be calculated in proportion to the unit entitlement of the lot. The amount of contributions to a strata levy and reserve fund can be obtained in a certificate from the strata company. The strata company will also be able to advise of any outstanding contributions owing by the seller and of any contributions which have been approved but are not yet due. 6. Except in certain circumstances, you will not be able to build on the lot or make any alterations to (including removal of) a building on the lot without the approval of the strata company. BEFORE ENTERING INTO A CONTRACT or an oer to purchase or sell a strata titled lot, the seller must provide to the buyer a completed and signed Disclosure Statement (Form 28 in the Strata Titles General Regulations 1996). Alternatively, the information required to be included in the Disclosure Statement may be incorporated into the contract. The Disclosure Statement (or contract) must have attached to it - a copy of the registered or proposed strata or survey-strata plan, which clearly identifies the lot being sold and any information which relates specifically to the lot; a copy of this document ("Buying and Selling a Strata Titled Lot")(including the standard by-laws); a copy of all non standard by-laws of the strata company, including any which have been passed by the strata company but not yet registered or any by-laws which are proposed to apply to the scheme. the unit entitlement of all the lots in the scheme. If the seller is the original proprietor of the lot, then the additional information which is listed in Part 2 of the Disclosure Statement must also be given. The buyer may have the RIGHT TO TERMINATE A CONTRACT to purchase a strata titled lot if - (i) (ii) a signed and completed Disclosure Statement was not provided by the seller before the buyer entered into the contract or the information required to be included in the Disclosure Statement was not included in the contract; or certain changes occur in relation to the strata company, the strata or survey-strata plan or the common property (as set out in section 69C(3) of the Strata Titles Act 1985 ) before settlement and the seller has not given notice in writing to the buyer of those changes. The buyer's right to terminate the contract is restricted if the Disclosure Statement or notification of any changes was given after entering into the contract but before settlement. The STANDARD BY-LAWS contained in the STRATA TITLES ACT 1985 are * (*Delete whichever is not applicable) 05/12808 page 2 of 2

20 schedules APPROVED BY THE REAL ESTATE INSTITUTE OF WESTERN AUSTRALIA (INC.) COPYRIGHT REIWA 2012 FOR USE BY REIWA MEMBERS SCHEDULE 1. (SECTION 42 (2) ) STRATA TITLES ACT 1985 SCHEDULES. SCHEDULE 1 & SCHEDULE 2 (section 42 (2) ) BY-LAWS. Duties of proprietor, 1. (1) A proprietor shall - occupiers etc. forthwith carry out all work that may be ordered by any competent public or local government authority in respect of his lot other than such work as may be for the benefit of the building generally and pay all rates, taxes, charges, outgoings and assessments that may be payable in respect of his lot; repair and maintain his lot, and keep it in a state of good repair, reasonable wear and tear, and damage by fire, storm, tempest or act of God excepted. (1a) A proprietor shall - notify the strata company forthwith upon any change of ownership, including in the notice an address of the proprietor for service of notices and other documents under this Act; and if required in writing by the strata company, notify the strata company of any mortgage or other dealing in connection with his lot, including in the case of a lease of a lot, the name of the lessee and the term of the lease. (2) A proprietor, occupier or other resident of a lot shall- (d) use and enjoy the common property in such a manner as not unreasonably to interfere with the use and enjoyment thereof by other proprietors, occupiers or residents, or of their visitors; not use the lot or permit it to be used in such manner or for such purpose as causes a nuisance to any occupier of another lot (whether a proprietor or not) or the family of such an occupier; take all reasonable steps to ensure that his visitors do not behave in a manner likely to interfere with the peaceful enjoyment of the proprietor, occupier or other resident of another lot or of any person lawfully using common property; and take all reasonable steps to ensure that his visitors comply with the by-laws of the strata company relating to the parking of motor vehicles. Power of proprietor to decorate etc. Power of strata company regarding submeters. 2. A proprietor may, without obtaining the consent of the strata company, paint, wallpaper, or otherwise decorate the structure which forms the inner surface of the boundary of his lot or affix locking devices, flyscreens, furnishings, furniture, carpets and other similar things to that surface, if and so long as such action does not unreasonably damage the common property. 3. (1) Where the supply of gas or electricity to a lot is regulated by means of a submeter, the strata company may require the proprietor or other occupier of the lot to pay the strata company by way of security for the payment of charges arising through the submeter an amount not exceeding $200 and, if any amount so paid is applied by the strata company under sub-bylaw (2) of this by-law, to pay such further amount or amounts by way of such security as may be necessary to maintain the amount of the security as, subject to this sub-bylaw, the strata company may require. (2) The strata company shall lodge every sum received under this by-law to the credit of an interest-bearing account with a savings bank or building society and all interest accruing in respect of amounts so received shall, subject to this by-law, be held on trust for the proprietor or occupier who made the payment. (3) If the proprietor or other occupier of a lot in respect of which a submeter is used for the supply of gas or electricity refuses or fails to pay any charges due for the supply of gas or electricity to that lot, the strata company may apply in payment of those charges all, or such part as is necessary, of any amount paid to the strata company by that proprietor or occupier under this by-law, including any interest that may have accrued in respect of that amount. (4) Where a person who has paid an amount under this by-law to a strata company satisfies the strata company that he is no longer the proprietor or occupier of a lot and that the strata company no longer has any liability or contingent liability for the supply of gas or electricity to that lot during the period when that person was a proprietor or occupier of the lot, the strata company shall refund to that person the amount then held on his behalf under this by-law. Constitution of the council. 4. (1) The powers and duties of the strata company shall, subject to any restriction imposed or direction given at a general meeting, be exercised and performed by the council of the strata company and a meeting of the council at which a quorum is present shall be competent to exercise all or any of the authorities, functions or powers of the council. 05/12807 page 1 of 7

21 schedules APPROVED BY THE REAL ESTATE INSTITUTE OF WESTERN AUSTRALIA (INC.) COPYRIGHT REIWA 2012 FOR USE BY REIWA MEMBERS (2) Until the first annual general meeting of the strata company, the proprietors of all the lots shall constitute the council. (3) Where there are not more than 3 proprietors the council shall consist of all proprietors and where there are more than 3 proprietors the council shall consist of not less than 3 nor more than 7 proprietors as is determined by the strata company. (4) Where there are more than 3 proprietors the members of the council shall be elected at each annual general meeting of the strata company or, if the number of proprietors increases to more than 3, at an extraordinary general meeting convened for the purpose. (5) In determining the number of proprietors for the purposes of this by-law, co-proprietors of a lot or more than one lot shall be deemed to be one proprietor and a person who owns more than one lot shall also be deemed to be one proprietor. (6) If there are co-proprietors of a lot, one only of the co-proprietors shall be eligible to be, or to be elected to be, a member of the council and the co-proprietor who is so eligible shall be nominated by his co-proprietors, but, if the co-proprietors fail to agree on a nominee, the co-proprietor who owns the largest share of the lot shall be the nominee or if there is no co-proprietor who owns the largest share of the lot, the co-proprietor whose name appears first in the certificate of title for the lot shall be the nominee. (7) On an election of members of the council, a proprietor shall have one vote in respect of each lot owned by him. (8) Except where the council consists of all the proprietors, the strata company may by special resolution remove any member of the council before the expiration of his term of office. (9) A member of the council vacates his office as a member of the council- (d) (e) if he dies or ceases to be a proprietor or a co-proprietor of a lot; upon receipt by the strata company of notice in writing of his resignation from the office of member; at the conclusion of an annual general meeting of the strata company at which an election of members of the council takes place and at which he is not elected or re-elected; in a case where he is a member of the council by reason of there being not more than 3 proprietors, upon an election of members of the council (as a result of there being an increase in the number of proprietors to more than 3) at which he is not elected; or where he is removed from office under sub-bylaw (8) of this by-law. (10) Any casual vacancy on the council may be filled by the remaining members of the council, except that, in a case where a casual vacancy arises because of the removal from office of a member under sub-bylaw (8), the strata company may resolve that the casual vacancy shall be filled by the strata company at a general meeting. (11) Except where there is only one proprietor, a quorum of the council shall be 2 where the council consists of 3 or 4 members; 3, where it consists of 5 or 6 members; and 4, where it consists of 7 members. (12) The continuing members of the council may act notwithstanding any vacancy in the council, but so long as the number of members is reduced below the number fixed by these by-laws as the quorum of the council, the continuing members or member of the council may act for the purpose of increasing the number of members of the council or convening a general meeting of the strata company, but for no other purpose. (13) All acts done in good faith by the council shall, notwithstanding that it is afterwards discovered that there was some defect in the appointment or continuance in office of any member of the council, be as valid as if that member had been duly appointed or had duly continued in office. Election of council. 5. The procedure for nomination and election of members of a council shall be in accordance with the following rules- (1) The meeting shall determine, in accordance with the requirements of by-law 4 (3) of this schedule the number of persons of whom the council shall consist. (2) The chairman shall call upon those persons present and entitled to nominate candidates to nominate candidates for election to the council. (3) A nomination is ineffective unless supported by the consent of the nominee to his nomination, given- in writing, and furnished to the chairman at the meeting; or orally by a nominee who is present at the meeting. (4) When no further nominations are forthcoming, the chairman- where the number of candidates equals the number of members of the council determined in accordance with requirements of by-law 4 (3) of this schedule, shall declare those candidates to be elected as members of the council; 05/12807 page 2 of 7

22 schedules APPROVED BY THE REAL ESTATE INSTITUTE OF WESTERN AUSTRALIA (INC.) COPYRIGHT REIWA 2012 FOR USE BY REIWA MEMBERS where the number of candidates exceeds the number of members of the council as so determined, shall direct that a ballot be held. (5) If a ballot is to be held, the chairman shall- announce the names of the candidates; and cause to be furnished to each person present and entitled to vote a blank paper in respect of each lot in respect of which he is entitled to vote for use as a ballot-paper. (6) A person who is entitled to vote shall complete a valid ballot paper by- (d) writing thereon the names of candidates, equal in number to the number of members of the council so that no name is repeated; indicating thereon the number of each lot in respect of which his vote is cast and whether he so votes as proprietor or first mortgagee of each such lot or as proxy of the proprietor or first mortgagee; signing the ballot-paper; and returning it to the chairman. (7) The chairman, or a person appointed by him, shall count the votes recorded on valid ballot-papers in favour of each candidate. (8) Subject to sub by-law (9) of this by-law, candidates, being equal in number to the number of members of the council determined in accordance with by-law 4 (3) of this schedule, who receive the highest numbers of votes shall be declared elected to the council. (9) Where the number of votes recorded in favour of any candidate is the lowest of the numbers of votes referred to in sub by-law (8) of this by-law and- that number equals the number of votes recorded in favour of any other candidates; and if each of those candidates were to be declared elected the number of persons elected would exceed the number of persons required to be elected, as between those candidates, the election shall be decided by a show of hands of those present and entitled to vote. Chairman, secretary 6. (1) The members of a council shall, at the first meeting of the council after they assume office as such members, appoint and treasurer of council. a chairman, a secretary and a treasurer of the council. (2) A person- shall not be appointed to an office referred to in sub-bylaw (1) of this by-law unless he is a member of the council; and may be appointed to one or more of those offices. (3) A person appointed to an office referred to in sub-bylaw (1) of this by-law shall hold office until- he ceases to be a member of the council; receipt by the strata company of notice in writing of his resignation from that office; or another person is appointed by the council to hold that office, whichever first happens. (4) The chairman shall preside at all meetings of the council at which he is present and, if he is absent from any meeting, the members of the council present at that meeting shall appoint one of their number to preside at that meeting during the absence of the chairman. Chairman, secretary and treasurer of strata company 7. (1) Subject to sub-bylaw (2) of this by-law, the chairman, secretary and treasurer of the council are also respectively the chairman, secretary and treasurer of the strata company. (2) A strata company may at a general meeting authorise a person who is not a proprietor to act as the chairman of the strata company for the purposes of that meeting. (3) A person appointed under sub-bylaw (2) of this by-law may act until the end of the meeting for which he was appointed to act. 05/12807 page 3 of 7

23 schedules APPROVED BY THE REAL ESTATE INSTITUTE OF WESTERN AUSTRALIA (INC.) COPYRIGHT REIWA 2012 FOR USE BY REIWA MEMBERS Meetings of council. 8. (1) At meetings of the council, all matters shall be determined by a simple majority vote. (2) The council may- meet together for the conduct of business and adjourn and otherwise regulate its meetings as it thinks fit, but the council shall meet when any member of the council gives to the other members not less than 7 days' notice of a meeting proposed by him, specifying in the notice the reason for calling the meeting; employ on behalf of the strata company such agents and employees as it thinks fit in connection with the control and management of the common property and the exercise and performance of the powers and duties of the strata company; subject to any restriction imposed or direction given at a general meeting of the strata company, delegate to one or more of its members such of its powers and duties as it thinks fit, and at any time revoke the delegation. (3) A member of a council may appoint a proprietor, or an individual authorized under section 45 of the Act by a corporation which is a proprietor, to act in his place as a member of the council at any meeting of the council and any proprietor or individual so appointed shall, when so acting, be deemed to be a member of the council. (4) A proprietor or individual may be appointed under sub-bylaw (3) of this by-law whether or not he is a member of the council. (5) If a person appointed under sub-bylaw (3) of this bylaw is a member of the council he may, at any meeting of the council, separately vote in his capacity as a member and on behalf of the member in whose place he has been appointed to act. (6) The council shall keep minutes of its proceedings. Powers and duties of secretary of 9. The powers and duties of the secretary of a strata company includestrata company. the preparation and distribution of minutes of meetings of the strata company and the submission of a motion for confirmation of the minutes of any meeting of the strata company at the next such meeting; (d) (e) (f) the giving on behalf of the strata company and of the council of the notices required to be given under the Act; the supply of information on behalf of the strata company in accordance with section 43 (1) and of the Act; the answering of communications addressed to the strata company; the calling of nominations of candidates for election as members of the council; and subject to sections 49 and 103 of the Act the convening of meetings of the strata company and of the council. Powers and duties of treasurer of 10. The powers and duties of the treasurer of a strata company includestrata company. the notifying of proprietors of any contributions levied pursuant to the Act; (d) the receipt, acknowledgment and banking of and the accounting for any money paid to the strata company; the preparation of any certificate applied for under section 43 of the Act; and the keeping of the books of account referred to in section 35 (1) (f) of the Act and the preparation of the statement of accounts referred to in section 35 (1) (g) of the Act. General meetings of strata company. 11 (1) General meetings of the strata company shall be held once in each year and so that not more than 15 months shall elapse between the date of one annual general meeting and that of the next. (2) All general meetings other than the annual general meeting shall be called extraordinary general meetings. (3) The council may when ever it thinks fit and shall upon a requisition in writing made by proprietors entitled to a quarter or more of the aggregate unit entitlement of the lots convene an extraordinary general meeting. (4) If the council does not within 21 days after the date of the making of a requisition under this by-law proceed to convene an extraordinary general meeting, the requisitionists, or any of them representing more than one-half of the aggregate unit entitlement of all of them, may themselves, in the same manner as nearly as possible as that in which meetings are to be convened by the council, convene an extraordinary general meeting, but any meeting so convened shall not be held after the expiration of 3 months from the date on which the requisition was made. (5) Not less than 14 days' notice of every general meeting specifying the place, the date and the hour of meeting and in case of special business the general nature of that business, shall be given to all proprietors and 05/12807 page 4 of 7

24 schedules APPROVED BY THE REAL ESTATE INSTITUTE OF WESTERN AUSTRALIA (INC.) COPYRIGHT REIWA 2012 FOR USE BY REIWA MEMBERS registered first mortgagees who have notified their interests to the strata company, but accidental omission to give the notice to any proprietor or to any registered first mortgagee or non-receipt of the notice by any proprietor or by any registered first mortgagee does not invalidate any proceedings at any such meeting. (6) If a proprietor gives notice in writing to the secretary of an item of business that the proprietor requires to be included on the agenda for the next general meeting of the strata company, the secretary shall include that item on the agenda accordingly and shall give notice of that item as an item of special business in accordance with sub-bylaw (5) of this by-law. Proceedings at general meetings. 12. (1) All business shall be deemed special that is transacted at an annual general meeting, with the exception of the consideration of accounts and election of members to the council, or at an extraordinary general meeting. (2) Except where otherwise provided in these by-laws, no business may be transacted at any general meeting unless a quorum of members is present at the time when the meeting proceeds to business. (3) One-half of the persons entitled to vote present in person or by duly appointed proxy constitutes a quorum. (4) If within half an hour from the time appointed for a general meeting a quorum is not present, the meeting, if convened upon the requisition of proprietors, shall be dissolved and in any other case it shall stand adjourned to the same day in the next week at the same place and time and if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting, the persons entitled to vote and present constitute a quorum. (4a) Sub-bylaws (3) and (4) of this by-law do not apply to a general meeting of the strata company referred to in section 50b. (5) The chairman, may with the consent of the meeting, adjourn any general meeting from time to time and from place to place but no business may be transacted at an adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place. (6) Except where otherwise required by or under the Act, resolutions may be passed at a general meeting by a simple majority vote. (7) At any general meeting a resolution by the vote of the meeting shall be decided on a show of hands unless a poll is demanded by any proprietor present in person or by proxy. (8) Unless a poll be so demanded a declaration by the chairman that a resolution has on the show of hands been carried is conclusive evidence of the fact without proof of the number or proportion of votes recorded in favor of or against such resolution. (9) A demand for a poll may be withdrawn. (10) A poll if demanded shall be taken in such manner as the chairman thinks fit and the result of the poll shall be deemed to be the resolution of the meeting at which such poll was demanded. Restriction on motion or nominating candidate. Votes of proprietors. (11) In the case of equality in the votes whether on a show of hands or on a poll, the question is determined in the negative. 13. A person is not entitled to move a motion at a general meeting or to nominate a candidate for election as a member of the council unless the person is entitled to vote on the motion or at the election. 14. (1) On a show of hands each proprietor has one vote. (2) On a poll the proprietors have the same number of votes as the unit entitlements of their respective lots. (3) On a show of hands or on a poll votes may be given either personally or by duly appointed proxy. (4) An instrument appointing a proxy shall be in writing under the hand of the appointer or his attorney and may be either general or for a particular meeting. (5) A proxy need not be a proprietor. (6) Except in cases where by or under the Act a unanimous resolution or resolution without dissent is required, no proprietor is entitled to vote at any general meeting unless all contributions payable in respect of his lot have been duly paid and any other moneys recoverable under the Act by the strata company from him at the date of the notice given to proprietors of the meeting have been duly paid before the commencement of the meeting. (7) Co-proprietors may vote by proxy jointly appointed by them and in the absence of such a proxy are not entitled to vote on a show of hands, except when the unanimous resolution of proprietors is required by the Act. (8) On any poll each co-proprietor is entitled to such part of the vote applicable to a lot as is proportionate to his interest in the lot. 05/12807 page 5 of 7

25 schedules APPROVED BY THE REAL ESTATE INSTITUTE OF WESTERN AUSTRALIA (INC.) COPYRIGHT REIWA 2012 FOR USE BY REIWA MEMBERS (9) The joint proxy (if any) on a poll has a vote proportionate to the interests in the lot of such of the joint proprietors as do not vote personally or by individual proxy. Common seal. 15. (1) The common seal of the strata company shall at no time be used except by authority of the council previously given and in the presence of the members of the council or at least 2 members of the council, who shall sign every instrument to which the seal is affixed, but where there is only one member of the strata company his signature shall be sufficient for the purpose of this by-law. (2) The council shall make provision for the safe custody of the common seal. SCHEDULE 2. (SECTION 42 (2) ) Vehicles. 1. A proprietor, occupier, or other resident of a lot shall not park or stand any motor or other vehicle upon common property except with the written approval of the strata company. Obstruction of 2. A proprietor, occupier, or other resident of a lot shall not obstruct lawful use of common property by any person. common property. Damage to lawns, etc., on common 3. Except with the approval of the strata company, a proprietor, occupier, or other resident of a lot shall notproperty. damage any lawn, garden, tree, shrub, plant or flower upon common property; or use any portion of the common property for his own purposes as a garden. Behaviour of proprietors and occupiers. Children playing upon common property in building. Depositing rubbish, etc., on common property. Drying of laundry items. 4. A proprietor, occupier, or other resident of a lot shall be adequately clothed when upon common property and shall not use language or behave in a manner likely to cause offence or embarrassment to the proprietor, occupier, or other resident of another lot or to any person lawfully using common property. 5. A proprietor, occupier, or other resident of a lot shall not permit any child of whom he has control to play upon common property within the building or, unless accompanied by an adult exercising effective control, to be or to remain upon common property comprising a laundry, car parking area or other area of possible danger or hazard to children. 6. A proprietor, occupier, or other resident of a lot shall not deposit or throw upon that lot or any other lot or the common property any rubbish, dirt, dust or other material likely to interfere with the peaceful enjoyment of the proprietor, occupier, or other resident of another lot or of any person lawfully using the common property. 7. A proprietor, occupier, or other resident of a lot shall not, except with the consent in writing of the strata company- hang any washing, towel, bedding, clothing or other article on any part of the parcel in such a way as to be visible from outside the building, other than for a reasonable period on any lines provided by the strata company for the purpose; or display any sign, advertisement, placard, banner, pamphlet or like matter on any part of his lot in such a way as to be visible from outside the building. Storage of 8. A proprietor, occupier, or other resident of a lot shall not, except with the approval in writing of the strata company, use inflammable liquids, or store upon the lot or upon the common property any inflammable chemical, liquid or gas or other inflammable material, etc. other than chemicals, liquids, gases or other materials used or intended to be used for domestic purposes, or any such chemical, liquid, gas or other material in a fuel tank of a motor vehicle or internal combustion engine. Moving furniture etc., on or through common property. Floor coverings. 9. A proprietor, occupier, or other resident of a lot shall not transport any furniture or large object through or upon common property within the building unless he has first given to the council sufficient notice of his intention to do so to enable the council to arrange for its nominee to be present at the time when he does so. 10. A proprietor of a lot shall ensure that all floor space within the lot (other than that comprising kitchen, laundry, lavatory or bathroom) is covered or otherwise treated to an extent sufficient to prevent the transmission therefrom of noise likely to disturb the peaceful enjoyment of the proprietor, occupier or other resident of another lot. 05/12807 page 6 of 7

26 schedules APPROVED BY THE REAL ESTATE INSTITUTE OF WESTERN AUSTRALIA (INC.) COPYRIGHT REIWA 2012 FOR USE BY REIWA MEMBERS Garbage disposal. 11. A proprietor or occupier of a lot- shall maintain within his lot, or on such part of the common property as may be authorized by the strata company, in clean and dry condition and adequately covered, a receptacle for garbage; comply with all local government authority by-laws and ordinances relating to the disposal of garbage; ensure that the health, hygiene and comfort of the proprietor, occupier or other resident of any other lot is not adversely affected by his disposal of garbage. Additional duties of proprietors, occupiers, etc. 12. A proprietor, occupier or other resident shall not - use the lot that he owns, occupies or resides in for any purpose that may be illegal or injurious to the reputation of the building; make undue noise in or about any lot or common property; or subject to section 42(15) of the Act, keep any animals on the lot that he owns, occupies or resides in or the common property after notice in that behalf given to him by the council. Notice of alteration to lot 13. A proprietor of a lot shall not alter the structure of the lot except as may be permitted and provided for under the Act and the by-laws and in any event shall not alter the structure of the lot without giving to the strata company, not later than 14 days before commencement of the alteration, a written notice describing the proposed alteration. Appearance of lot 14. A proprietor, occupier or other resident of a lot shall not, without the written consent of the strata company, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building. 05/12807 page 7 of 7

27 - ATTACHMENTS 2 & 3 - COPY OF THE REGISTERED OR PROPOSED SURVEY-STRATA PLAN & STATEMENT OF THE UNIT ENTITLEMENT OR PROPOSED UNIT ENTITLEMENT OF ALL LOTS ON THE SCHEME OR PROPOSED SCHEME AND THE AGGREGATE OR PROPOSED AGGREGATE UNIT ENTITLEMENT

28 SURVEYOR'S CERTIFICATE - Reg 54 VER. AMENDMENT AUTHORISED BY DATE R. W. PTOLOMEY... I, hereby certify that this plan is accurate and is a correct representation of the - *survey; and/or *calculations from measurements recorded in the field records, [*delete if inapplicable] undertaken for the purposes of this plan and that it complies with the relevant written law(s) in relation to which it is lodged /8/14 LICENSED SURVEYOR DATE (34.178) JAMES STREET PUNCH HOLE IN FENCE CAPPING 0.1 FROM CORNER 0.03 P D P m D P 135 0'18" 302m '54" 135 0'33" 44 59'27" 135 0'18" m '54" PUNCH HOLE IN FENCE CAPPING '18" 135 0'18" '33" 44 59'27" '30" '54" (34.198) 10 SURVEY-STRATA PLAN SHEET 1 OF 1 SHEET PLAN OF CERTIFICATE OF TITLE VOL. 303 FOL. 39A LOCAL GOVERNMENT INDEX PLAN FIELD BOOK SCALE NAME OF SCHEME ADDRESS OF PARCEL 105 VERNA STREET GOSNELLS MANAGEMENT STATEMENT NO LODGED DATE 20-Aug FEE PAID $ ASSESS No CERTIFIED CORRECT COR. FILE 01-Sep TRIM: IN ORDER FOR DEALINGS SUBJECT... TO Lodgement of Form 3,... Sec 136C of the TLA m 2 352m 2 LOCATION PLAN (Scale ~ 1 : A Sep FOR REGISTRAR OF TITLES DATE REGISTERED... M APPLICATION DATE... REGISTRAR OF TITLES SEAL WESTERN AUSTRALIAN PLANNING COMMISSION W.A.P.C. REF: Certificate of Approval of W.A.P.C. under Section 25B(2) of Strata Titles Act Sep Delegated under S.16 P&D Act 2005 DATE LICENSED LAND SURVEYORS 66 CANNING HIGHWAY, VICTORIA PARK WA 6100 PHONE ~ , FAX ~ LOT 127 ON D38665 CITY OF GOSNELLS SEE SMART PLAN : A3 105 VERNA STREET GOSNELLS VERNA STREET 90 0'30" 1 P '30" 20 D '30" '30" ~ ptolomey@iinet.net.au 105 verna st\105 verna st sp65346.dwg INTERESTS & NOTIFICATIONS HELD BY LANDGATE IN DIGITAL FORM ONLY. PURPOSE STATUTORY REFERENCE ORIGIN LAND BURDENED BENEFIT TO COMMENTS SUBJECT SECTION 136C OF THE TLA THIS PLAN LOT 1 LOT 2 EASEMENT (TRANSMISSION OF ELECTRICITY BY UNDERGROUND CABLE) P EASEMENT SECTION 136C OF THE TLA THIS PLAN LOTS 1 & 2 LOT 3 (TRANSMISSION OF ELECTRICITY BY UNDERGROUND CABLE) P SECTION 136C OF THE TLA THIS PLAN LOTS 1, 2 & 3 LOT 4 EASEMENT (TRANSMISSION OF ELECTRICITY BY UNDERGROUND CABLE) P LOT 5 LOTS 1, 2, 3 & 4 THIS PLAN SECTION 136C OF THE TLA EASEMENT (TRANSMISSION OF ELECTRICITY BY UNDERGROUND CABLE) P LANDGATE COPY OF ORIGINAL NOT TO SCALE Wed Dec 3 12:39: JOB