A.B.N. 63 001 615 587
Locked Bag 22 Haymarket NSW 1238 Telephone: 9868 2999 Facsimile: 8216 0331
Email: [email protected] Level 2, 51 Rawson Street, Epping
NOTICE OF ANNUAL GENERAL MEETING Strata Schemes Management Act 1996
TO: The Owners Mortgagee Information:
Strata Scheme No. 19338 Owners Name: ... 13 Busaco Road Address of Lot: ... Marsfield, NSW 2122 Venue: as per this Notice
NOTICE IS HEREBY GIVEN OF BUSINESS TO BE DEALT WITH AT THE ANNUAL GENERAL MEETING OF STRATA SCHEME NO. 19338 ADDRESS: 13 BUSACO ROAD, MARSFIELD. TO BE HELD IN THE REAR GARAGE AREA ON 23RD JULY 2013 AT 6:00PM.
AGENDA
1. Record attendance, receive proxies, determine voting rights and quorum. 2. Consider listed Motions.
MOTIONS
No.1 That the Minutes of the last general meeting be approved. No.2 That the attached financial statements be confirmed. No.3 To decide whether an auditor should be appointed.
No.4 To receive nominations for the Executive Committee, determine the number of members and to elect the Executive Committee.
No.5 To decide if any matter is to be determined only by the Owners Corporation in general meeting. No.6 That the Owners Corporation insurances as listed be confirmed and to decide whether
insurances referred to in Section 88(2) (Fidelity Guarantee & Office Bearers Liability) should be arranged or amended and that the Managing Agent be authorized to renew the insurances for the Owners Corporation in compliance with all of the requirements of the Strata Schemes Management Act 1996 and the Financial Services Reform Act and to increase the building sum insured at renewal in accordance with a new valuation or where no valuation obtained in accordance with the Building Cost Index.
No.7 That the proposed expense budget estimates be discussed, and after any amendment be approved.
No.8 That the levy contributions be determined for the period from 01.10.13. to 30.09.14.
No.9 To consider whether one termite inspection of the property should be undertaken within the next 12 months.
No.10 That the Owners - Strata Plan No 19338, for the purpose of collecting levy contributions, interest and recovery costs thereon and pursuant to the Act (including section 80D of the Act), authorize the Strata Managing Agent and/or the Executive Committee to do any of the following:
a. Levy Recovery Step 1: issue a reminder levy notice 35 days after the levy due date; b. Levy Recovery Step 2: issue 1st levy recovery letter 60 days after the levy due date; c. Levy Recovery Step 3: issue 2nd levy recovery letter 75 days after the levy due date; d. Levy Recovery Step 4: 96 days after the original date the levy was due, and where the
debt is in excess of $2,000, appoint the services of a debt collection agency, obtain legal advice and/or retain legal representation of solicitors, barristers and/or experts on behalf of The Owners – Strata Plan No 19338 to issue a letter of demand and/or to commence, pursue, continue or defend any court, tribunal or any other proceedings against any lot owner, mortgagee in possession and/or former lot owner in relation to all matters arising out of the recovery of levy contributions and the recovery of other debts, including penalties, interest, legal and other costs;
e. Enforce any judgment obtained in the collection of levy contributions including commencing and maintaining bankruptcy or winding up proceedings;
f. Filing an appeal or defending an appeal against any judgment concerning the collection of levy contributions; and,
g. Liaise, instruct and prepare all matters with the Owners Corporation’s debt collection agents, lawyers and/or experts in relation to any levy recovery proceedings.
No.11 That the Owners Corporation acknowledge the Work Health and Safety Act 2011 and
Regulations and undertake to:
(a) as required, consult, confer, allow inspections and provide assistance (and/or documents) on any matter so far as is reasonably practicable, on work health and safety matters under the Work Health and Safety Act 2011 and Regulations with its agents, employees or contractors or any health and safety representative for its agents, employees or contractors; and,
(b) as required, prepare and maintain any register or document reasonably required (including an asbestos register if so required) under the Work Health and Safety Act and Regulations and make such register or document available to its agents, employees or contractors or any health and safety representative for its agents, employees or contractors; and,
(c) engage a contractor to carry out a Safety Report as the preliminary process in compliance with the Work Health and Safety Act 2011.
BCS Explanatory Note
For the purposes of the Works Health and Safety Act 2011 an Owners Corporation has various obligations. As “people” in control of a workplace an Owners Corporation has a duty to ensure that the property is safe and without risks to health, for workers (including volunteers, contractors and employees), visitors and residents alike. There are substantial penalties for non compliance. The Owners Corporation must ensure that the property is safe and without risks to health on an ongoing basis. In order to do this Owners Corporations need to:
identify the actions necessary to eliminate or control a risk; and,
ensure that all measures used to eliminate or control a risk are properly used and maintained;
and,
review its risk assessment under a range of circumstances.
The Owners Corporation does not have to engage a professional to identify hazards and perform a risk assessment; however it is highly recommended to do so. Occupational Health and Safety is a specialist field and few individuals possess the skills, knowledge or experience to conduct a reliable risk assessment. Using a professional provider gives the Owners Corporation the security of knowing that their Safety Report will be accurate and reasonable. Also, if the Owners Corporation uses a non-expert to conduct an assessment, it may expose the Owners Corporation and that person to liability if the assessment is deficient.
Having a Safety Report prepared for your property is the first step towards meeting your obligations, by identifying hazards and assessing the risks they pose.
No.12: That the 2009 approved policy for the keeping of pets be rescinded and amended with the following proposed general conditions:
General Conditions:
No pets can be kept without formal written approval from the Executive Committee.
A maximum of two animals (either a dog or cat) be allowed in any one townhouse.
The Executive Committee will only consider applications to keep small dogs – a small dog was defined as being approximately the same size as a cat. Applications to keep medium and large size dogs will not be considered.
A pet register will be created. Cats:
That the cat remains inside the lot between sunset and sunrise.
That the cat is not a nuisance to other residents.
That the cat is de-sexed.
That the cat is to wear an identity collar and bell
That this approval is for the lifetime of this cat only.
That a further application to be made for any additional or replacement pets. Dogs:
That the dog remains inside the lot space at all times.
That the dog must not be left unsupervised in the courtyard or garden.
That the dog is not a nuisance to other residents.
That the dog is de-sexed.
That the dog be carried or controlled on a leash when on common property.
That this approval is for the lifetime of this dog only.
That a further application to be made for any additional or replacement pets.
MEETING INSTRUCTIONS
1. A vote may be cast in respect of each lot:
1. In Person (if a Corporation by Company Nominee) or
2. By duly appointed proxy (on prescribed form attached), which must be provided to the Secretary at or before the meeting. Note that for large schemes (over 100 lots) the proxy must be provided at least 24 hours before the meeting.
Note: A Proxy Appointment Form must be signed by all owners of the lot.
2. Motions listed requiring a Unanimous or Special resolution will clearly indicate so. 3. QUORUM : A quorum will consist of 25% of persons entitled to vote by considering :
a) Persons and Proxies present.
b) Unit entitlements of persons and proxies present.
4. VOTING ELIGIBILITY AND RIGHTS MAY BE EXERCISED ONLY IF EACH VOTER : **1. Is financial (i.e. all levies and interest paid).
2. Has answered all section 118 requirements.
3. The 1st Mortgagee does not exercise Voting Rights. 4. Is entered in the Strata Roll as Owner.
** Being unfinancial does not affect voting on a Unanimous Resolution. NOTICE OF DISCLOSURE
1. The Branch Manager and Licensee of Raine & Horne Strata is Paul Banoob (Licence No. 1107676).
2. Our Managers are: Don Williamson (Licence No. 842446), Sandro Li Causi (Licence No. 1308871), Gary Webb (Certificate No. 1207485), Simon Wicks (Certificate No. 1301930), Peter Bone (Certificate No. 03007656), Trevor McSpadden (Certificate No. 03034881), Amit Moas (Certificate No. 1709282), Siu Ling Li (Certificate No. 03041151) and Steven Stefanides (Certificate No. 1627555).
3. We receive from vendor's solicitors a Section 109 fee of $114.40 and an inspection fee of $33.00 where appropriate.
4. Insurance Commissions:
Our company acts as insurance agent/sub-agent to the following insurance companies/brokers:
Corporate Home Unit Underwriters, Strata Unit Underwriting Agency Pty Ltd and Body Corporate Brokers.
Commission of $1,418.91 was received for placing insurance in the financial year. This statement is given not to comply with any regulations, but is done so to express our commitment to the affairs of your Strata Scheme.
Raine & Horne Strata - Sydney
Level 2, 51 Rawson Street, Epping NSW 2121 Locked Bag 22, Haymarket NSW 1238
Telephone 02 9868 2999 Fax 02 8216 0331 Email [email protected] Web www.bcms.com.au 12 February 2014 The Owners
Strata Scheme No. 19338 13 Busaco Road
Marsfield NSW 2122
Dear Sir/Madam,
We attach an Agenda for the forthcoming Annual General Meeting.
If there are any matters included on the agenda on which you need further information please telephone the manager of your property – Simon Wicks.
We kindly request that any such inquiries be made a minimum of 72 hours prior to the meeting, to allow your manager to provide the information required, which will in turn prevent delays in the running of your meeting.
If you are unable to attend the meeting it is important that you provide us with a proxy form in favour of the chairperson or other nominees of your choice.
Yours faithfully,
PROXY APPOINTMENT FORM STRATA SCHEMES MANAGEMENT ACT 1996
I/We...DATE ……… the owners of Lot ... ...Strata Plan No 19338
appoint THE MEETING CHAIRPERSON or ………(delete “the meeting
chairperson” if nominating an individual)……….
as my/our proxy for the purposes of meetings of the owners corporation (including adjournments of meetings) Period or number of meetings for which appointment of proxy has effect ...*months/meetings.
* Delete whichever does not apply
(Note: The appointment cannot have effect for more than 12 months or 2 consecutive annual general meetings, whichever is the greater.)
*1 This form authorises the proxy to vote on my/our behalf on all matters OR
*2 This form authorises the proxy to vote on my/our behalf on the following matters only:
... ... .
(Specify the matters and any limitations on the manner in which you want the proxy to vote.) *Delete paragraph 1 or 2, whichever does not apply.
*3 If a vote is taken on whether ...(the strata managing agent) should remain in office or another managing agent is to be appointed, I/we want the proxy to vote as follows:
...
*Delete paragraph 3 if proxy is not authorised on this matter.
Signature of owner(s) ...
Notes
1 A proxy is not authorised to vote on a matter:
a) if the person who appointed the proxy is present at the relevant meeting and personally votes on the matter, OR b) so as to confer a pecuniary or other material benefit on the proxy, if the proxy is a strata managing agent,
caretaker or on-site residential property manager.
2 This form is ineffective unless it contains the date on which it was made and is given to the Secretary of the Owners Corporation:
a) In the case of a large strata scheme (more than 100 lots- excluding parking or utility lots), at least 24 hours
before the first meeting in relation to which it is to operate; or
b) In any other case, at or before the first meeting in relation to which the instrument is to operate.
3. This form will be revoked by a later proxy appointment form delivered to the secretary of the owners corporation in the manner described in the preceding paragraph.
Completed proxy forms should be returned to Raine & Horne Strata, in advance of the meeting, via:
Email: [email protected]
Fax: 8216 0331
