Prior to the meeting commencement there was a presentation plus Q & A session with Mr. Tony Kent representing Otis Elevators Company regarding the lift upgrade.

PRESENT:

Mr J. Morrissey company nominee for Ranchgate Pty Ltd (1, 3, 69), Sharon Brown (2), Ms T Muljono (9, 14),

Mr G. Bray (21), Mr M. Calleja (26), J.  Chaytor (32),

Mr S. Carnell (34), Spiro Papas company nominee for Agriani Pty Ltd ATF DSB Familty Trust (40), David Heads (44), David Mahony (53), Gideon Roos (58)

L Chee (59), Greg Aitkenhead (63) Craig Arnott (65)

I. Campbell (61 & 68), Valerie Rabot company nominee for

Vorione Pty Ltd (5)

PRESENT BY PROXY:

R. Southerwood & E. Crew (11), Szu-Hee Lee (36),

R. Kelly (62), by proxy to the Chairman

Mr G. Vitullo (28) by proxy to G. Bray (21)

Mr. M. Keatinge (29) by proxy to Craig Arnott

C. Catteau (30) by proxy to V. Rabot (65)

D.  Hilder (32) by proxy to Strata Partners

P. Lesmond (52) by proxy to I. Campbell

G. Arnott (64) by proxy to R. Flores

S. Pearson (50) by proxy to C. Arnott (65)

Hyland Securities Pty Ltd by proxy to J. Morrissey (69)

P. Lesmond (68) by proxy to I. Campbell

Mr. D. Cannon (12) by proxy to Mr G. Aitkenhead (63)

IN ATTENDANCE:

Mr L. Aylward  (Building Manager), David Bannerman (Bannermans Lawyers), Rachel Kwawegen (representing The Strata Agency), Rafael Flores (Unit 64) and Paul C. Bailey  representing Strata Partners

APOLOGY:

Mr. M. Keatinge (29), Mr G. Vitullo (28), S. Pearson (50)

CHAIRMAN:

Paul C. Bailey

1. MINUTES:

RESOLVED that the Minutes of the Extraordinary General Meeting held on 28 October 2010 be confirmed as a true record and account of the proceedings at that meeting.

2. AUDITED STATEMENT      OF ACCOUNTS:

RESOLVED that the Audited Statement of Accounts for the twelve months ended 30 June 2011 be adopted.

3. AUDITORS:

RESOLVED that Auditors be appointed to the Owners Corporation for the financial year 2011/2012.

NOTES: Mr C. Arnott (64, 65) requested that agenda items 7-12 & 21 be dealt with before agenda items 4 & 5 – There was no objection to this request.

Mr I. Campbell (61 & 68) requested a show of hands from other members of the Executive Committee to confirm support of the decision made by himself and John Morrissey to engage the services of David Bannerman, this was supported by the majority of the Committee.

The meeting then discussed agenda items 7-12 and 21.  Mr David Bannerman (Solicitor appointed by the Executive Committee) advised the meeting that he has no objection to items 7, 8, 9 & 12 as per the agenda.  His advice regarding items 10 & 11 was that they should be called “out of order” and as soon as possible motion 10 redrafted in the form of a Special Resolution, in accordance with Section 65A of the Act, and be dealt with an Extraordinary General Meeting.  The reason being that the replacement of the non-compliant current lift is an upgrade or improvement to Common Property, not repair and maintenance (which is dealt with under Section 62 of the Act)

Mr Bannerman also offered the advice that motion 11 should also be called “Out of Order” in accordance with clause 14 of schedule 2 of the Act and present to an Extraordinary General Meeting referred to above.

Mr C. Arnott (owner of lots 64 & 65) requested that it be recorded in the minutes that advice he has received from solicitors Minter Ellison is that the Special Resolution for the agenda item 10 is unnecessary because the lift upgrade is necessary and should be dealt with under Section 62 of the Act therefore the delay and expense of an additional meeting is unnecessary.

With the advice provided and support of the Executive Committee by majority motions 10 & 11 were not put to the meeting however the question was asked of the meeting if the motions were put would they vote in favour, this was supported by show of hands by virtually all present at the meeting.

4. EXPENSE BUDGET:

RESOLVED that the expense budgets prepared by Strata Partners in conjunction with the sub-committee and pursuant to Sections 75(1) and 75(2) of the Strata Schemes Management Act 1996 (The Act), be adopted.

5. CONTRIBUTIONS:

RESOLVED that levy contributions be determined pursuant to Sections 76 (1)(2) and 78 of Strata Schemes Management Act 1996 commencing 1 November 2011.

 i)

To the Administrative Fund - at the rate of $233,200 (+10% GST) per annum payable quarterly in advance.

ii)

To the Sinking Fund - at the rate of $153,450

(+10% GST) per annum payable quarterly in advance.

6. INSURANCE:

RESOLVED that the insurance held on behalf of the Owners Corporation be accepted.

7. LIFT UPGRADE:

RESOLVED That the Owners Corporation SP 55068 enter into and execute a loan contract with Lannock Capital Pty. Ltd. (Can 119 294 781) to fund the Owners Corporation’s obligations to fund the lift upgrade project.

8. LOAN CONTRACT:

RESOLVED That the Owners Corporation SP 55068 seal be affixed to the loan contract in the presence of at least 2 Executive Committee Members, 1 of whom must be the Chairperson, Secretary or Managing Agent.

9.

RESOLVED That the Owners Corporation SP 55068 acknowledges the following things:

a)    A copy of the proposed loan contract, the terms and conditions and a prescribed notice is issued;

b)    The maximum amount of credit available under the loan contract is $200,000;

c)    Members of Owners Corporation SP 55068 approve the raising of additional levies to the Sinking Fund over the next 3 years to ensure the Owners Corporation can perform its repayment obligations in relation to each advance under the loan contract; and

d)    A drawdown instruction may be signed by any two members of the Executive Committee or by the Secretary and one Member of the Committee or the Managing Agent

10. OTIS ELEVATORS:

MOTION WITHDRAWN

11. EXTENSION WORKS:

MOTION WITHDRAWN

12. LIFT WORKS:

RESOLVED The Owners Corporation authorises the Lift Sub Committee and Building Manager to supervise the Lift Works with Otis so that installation commences by 31 March 2012 and the Lift Works include the Accelerated Program referred to in the Otis Quote

13. LOT 37:

Owners – Strata Plan No. 55068 SPECIALLY RESOLVED pursuant to section 65A of the Strata Schemes Management Act 1996 (‘the Act”) to authorise the Owner of Lot 37 to add to, alter and erect new structures on the common property in accordance with the Works.

1. In this motion:

(a)           Lot means a lot in strata scheme 55068.

(b)           Owner means the owner of Lot 37 from time to time.

(c)           Owners Corporation means the owners corporation created by the registration of strata plan registration no. 55068.

(d)           Works means the works as described in the specifications marked “Annexure A” and attached to this motion.

2.         The Owner is responsible for the ongoing maintenance of the common property affected by the Works.

14. SPECIAL BY-LAW:

The Owners – Strata Plan No. 55068 SPECIALLY RESOLVED pursuant to section 52 and 65A of the Strata Schemes Management Act 1996 (‘the Act”) to make a by-law on the following terms and that notification of this change to the by-laws be lodged for registration in accordance with section 48 of the Act at the Registrar-General’s Office once the written consent of the owner has been obtained.

Special By-law 22  

By-law to authorise the owner of Lot 37 to add to, alter and erect new structures on the common property and exclusive use

PART 1

DEFINITIONS & INTERPRETATION

1.1       In this by-law:

(a)          Authority means any government, semi government, statutory, public or other authority having any jurisdiction over the Lot.

(b)          Fee means the amount of $11,000.00 (inclusive of GST), or such other amount as the Executive Committee may approve, payable by the Owner to the Owners Corporation in respect of the Exclusive Use Area.

(c)          Insurance means:

(i)            contractors all risk insurance in the sum of $5,000,000 and if permissible by the insurer noting the Owners Corporation as an interested party;

(ii)           insurance required under the Home Building Act 1989 and if permissible by the insurer noting the Owners Corporation as an interested party; and

(iii)          workers compensation insurance, if required.

(d)          Lot means a lot in strata scheme 55068.

(e)          Owner means the owner of Lot 37 from time to time.

(f)           Owners Corporation means the owners corporation created by the registration of strata plan registration no. 55068.

(g)           Works means the works as described in the specifications marked “Annexure A” and attached to this motion.

(h)          Exclusive Use Area means:

(i)            those parts of common property in the area delineated on the attached diagram marked “Annexure B”; and

(ii)           the common property areas reasonably required to keep the Works.

1.2       In this by-law a word which denotes:

(a)          the singular includes plural and vice versa;

(b)          any gender includes the other genders;

(c)          any terms in the by-law will have the same meaning as those defined in the Strata Schemes Management Act 1996; and

(d)          references to legislation includes references to amending and replacing legislation.

PART 2

GRANT OF RIGHT

2.1       The Owner is authorised to add to, alter and erect new structures on the common property in accordance with the Works.

2.2       The Owner has the exclusive use of the Exclusive Use Area.

PART 3

CONDITIONS

PART 3.1

Before commencement

3.1       Before commencement of the Works the Owner must:

(a)          pay the Fee to the Owners Corporation; 

(b)          obtain all necessary approvals from any Authorities and provide a copy to the Owners Corporation;

(c)          effect and maintain Insurance and provide a copy to the Owners Corporation; and

(d)          provide a report to the Owners Corporation from a suitably qualified structural engineer in regards to the effect of the Works on the structural  integrity of the building.

PART 3.2

During construction

3.2       Whilst the Works are in progress the Owner must:

(a)          use duly licensed employees, contractors or agents to conduct the Works and supply their contact details before each of them commences their work;

(b)          ensure the Works are conducted in a proper and workmanlike manner and comply with the current Building Code of Australia and the Australian Standards and the law;

(c)          use reasonable endeavours to cause as little disruption as possible;

(d)          perform the Works during times reasonably approved by the Owners Corporation;

(e)          perform the Works within a period of 6 month from their commencement or such other period as reasonably approved by the Owners Corporation;

(f)           transport all construction materials, equipment and debris in the manner reasonably directed by the Owners Corporation;

(g)          protect all affected areas of the building outside the Lot from damage relating to the Works or the transportation of construction materials, equipment and debris;

(h)          ensure that the Works do not interfere with or damage the common property or the property of any other lot owner other than as approved in this by-law and if this happens the Owner must rectify that interference or damage within a reasonable period of time; and

(i)            not vary the Works without first obtaining the consent in writing from the Owners Corporation.

PART 3.3

After construction

3.3       After the Works have been completed the Owner must without unreasonable delay:

(a)          notify the Owners Corporation that the Works have been completed;

(b)          notify the Owners Corporation that all damage, if any, to lot and common property caused by the Works and not permitted by this by-law have been rectified;

PART 3.4

Enduring rights and obligations

3.4       The Owner:

(a)          is responsible for the ongoing maintenance of the common property affected by the Works;

(b)          is responsible for the proper maintenance of, and keeping in a state of good and serviceable repair, the Exclusive Use Areas and the Works;

(c)          remains liable for any damage to lot or common property arising out of the Works;

(d)          must make good any damage to lot or common property arising out of the Works; and

(e)          must indemnify the Owners Corporation against any costs or losses arising out of the Works to the extent permitted by law.

15. COSTS:

That the owner of Lot 37 meet the reasonable cost of the Owners Corporation of and incidental to the preparation and lodging with at the Department of Lands of the relevant Form 15CB Change of By-Laws

At this stage the Chairman, Mr. Bailey handed the meeting to Mr.Campbell and Mr Bailey left the room to allow the following motion to be debated, discussion and a poll vote (by units of entitlement) vote was taken.

16. MANAGING AGENT:

RESOLVED that the appointment of Strata Partners Pty Limited as the strata managing agent for the Strata Scheme no. 55068 be terminated in accordance with section 27 (2) of the Strata Schemes Management Act 1996, effective 90 days (three months) from the date of this meeting, and that the Secretary be authorised to give notice of the termination in accordance with the terms of the original appointment

17. DELEGATION OF FUNCTIONS:

THAT the delegation of functions of the Owners Corporation, its Executive Committee, Chairperson, Secretary and Treasurer to Strata Partners Pty Limited be revoked in accordance with section 28 (2) of the Strata Schemes Management Act 1996, effective 90 days (three months) from the date of this meeting, and that the Secretary be authorised to give notice of the revocation in accordance with the terms of the original delegation

18. NEW AGENT:

THAT in accordance with Section 27(1) of the Strata Schemes Management Act 1996 (“Act”) that the appointment of The Strata Agency Pty Limited (“Agent”) as strata managing agents be approved and that:

(a)  The Owners Corporation delegates to the Agent all of the functions of:

(i)    The Owners Corporation (other than those listed in section 28(3) of the Act) and;

(ii)   Its Chairperson, Treasurer, Secretary and Executive Committee, necessary to enable the Agent to carry out the ‘routine services’ and the ‘non-routine services’ as defined in the agreement tabled at the meeting (“Agreement”); and

(b)   The delegation to the Agent is to be subject to the conditions and limitations in the Agreement; and

(c)   The Owners Corporation execute the Agreement to give effect to this appointment and delegation; and

(d)  Authority be given for the common seal of the owners corporation to be affixed to the Agreement by 2 members of the executive committee.

19. RESTRICTED MATTERS:

RESOLVED That pursuant to Schedule 2 Clause 2 Paragraph 34c of the Act, no additional matter or class of matter is to be determined by the Owners Corporation in General Meeting; rather than by the Executive Committee

20. ELECTION OF EXECUTIVE COMMITTEE:

RESOLVED that the following persons be elected to the Executive Committee of the Owners Corporation in accordance with Regulation 17 of the Strata Schemes Management Act 1996:

• Valerie Rabot (5)
• Trish Muljono (9)
• Gary Bray (21)
• Michael Calleja (26)
• Glen Vitullo (28)
• David Heads (44)
• Ian Campbell (61)
• Greg Aitkenhead (63)
• Craig Arnott (65)

RESOLVED the Executive Committee consist of nine (9) members.

21.

RESOLVED That pursuant to section 80D (1) of the Strata Scheme Management Agreement The Owners Corporation resolves that the Executive Committee be empowered for a period of 12 months or until the next Annual General Meeting to engage Bannermans Lawyers from time to time to provide legal advice to the Owners Corporation; not exceeding a limit of $10,000 during a one year period

CLOSURE:

There being no further business, the Chairman declared the meeting closed at 8:40pm.

EXECUTIVE COMMITTEE MEETING:

Due to the length of the AGM it was decided that a meeting to elect office bearers be deferred and held in conjunction with the forthcoming Extraordinary General Meeting.

PRESENT:

T. Muljono (9, 14), G. Bray (21), M. Calleja (26), J. Chaytor (32),

G. Aitkenhead (63),C.Arnott (64, 65), J. Morrissey (1, 3, 69) left the meeting at 5:20pm

PRESENT BY PROXY:

Valerie Rabot (5), Cedric Catteau (30) Gold Peninsula P/L (57) by proxy to Trisiana Muljono

S. Brown (2),  R. Southernwood & E. Crew (11), G. Vitullo (28),

I. Campbell & P. Lesmond (68, 52, 61) by proxy to Greg Aitkenhead

Ranchgate Pty Ltd (1), Domic Investments Pty Ltd (41),

J. Morrissey & R. Dyak (1, 3, 69) by proxy to the Chairman

M. Keatinge (29), D. Heads (44), S. Pearson (50), A. & M. Mahony (53), G. Roos (58) by proxy to Craig Arnott

Hyland Securities Pty Ltd (37) by proxy to J. Morrissey

APOLOGY:

S. Brown (2), Valerie Rabot (5), B. Callaghan (8), R. Southernwood & E. Crew (11), G. Vitullo & K. Hickling (28), M. Keatinge (29),

D. Heads (44), S. Pearson (50), I. Campbell & P. Lesmond (52, 61, 68), M. Mahony (53),  G. Roos (58)

IN ATTENDANCE:

Larry Aylward (Building Manager), Rafael Flores (64) and Paul C. Bailey representing Strata Partners

MINUTES:

RESOLVED that the minutes of the last Annual General Meeting be confirmed as a true record and account of proceedings of the meeting.

SPECIAL RESOLUTIONS:

RESOLVED The Owners – Strata Plan No. 55068 SPECIALLY RESOLVED pursuant to section 65A of the Strata Schemes Management Act 1996 to authorise the Owners Corporation to add to, alter and erect new structures on the common property in accordance with the Works.

a) In this motion:

1. Owners Corporation means the owners corporation created by the registration of strata plan registration no. 55068.

     ii.        Works means all the works referred to in the revised proposal for lift installation services prepared by OTIS Elevator Company Pty Limited ACN 002 873 065 dated 25 May 2011 and attached to this motion as Annexure “A”.

b) The Owners Corporation is responsible for the ongoing      maintenance of the common property affected by the Works.

The meeting RESOLVED:

a)     that the Owners Corporation is empowered to and permitted to resolve to enter into the revised proposal for lift installation services prepared by OTIS Elevator Company Pty Limited ACN 002 873 065 dated 25 May 2011 (“the OTIS Lift Agreement”), a copy of which is tabled at this meeting;

b)    And that the Owners Corporation resolve to enter into the OTIS Lift Agreement with OTIS Elevator Company Pty Limited ACN 002 873 065;

c)    And to instruct the managing agent to sign and affix the common seal of the Owners Corporation to the OTIS Lift Agreement in accordance with section 238 of the Strata Schemes Management Act 1996;

d)    And that the Owners Corporation is empowered to and permitted to resolve to enter into the Deed with Craig Geoffrey Arnott (“the Deed”), a copy of which is tabled at this meeting, to assist funding of the OTIS lift installation;

e)    And that the Owners Corporation resolve to enter into the Deed; and

f)     And to instruct the managing agent to sign and affix the common seal of the Owners Corporation to the Deed in accordance with section 238 of the Strata Schemes Management Act 1996.

CLOSURE:

There being no further business, the Meeting was declared closed at 5:25pm.

PRESENT:

G. Aitkenhead, T. Muljono, C.Arnott, G. Bray, M. Calleja

APOLOGY:

I. Campbell, D. Heads (44), V. Rabot, G. Vitullo

IN ATTENDANCE:

L. Aylward, R. Flores, J. Chaytor and Paul C. Bailey representing Strata Partners

CHAIRMAN:

Paul C. Bailey

MINUTES:

RESOLVED that the Minutes of the last Executive Committee Meeting be confirmed as a true record and account of the proceedings at that meeting.

ELECTION OF OFFICE BEARERS:

RESOLVED the following Office Bearers be elected for the ensuing twelve (12) months:

Chairman –  G. Aitkenhead

Secretary  – C.Arnott

Treasurer –  T. Muljono

GENERAL BUSINESS:

Sign Deed & Lift Contract Under Seal Of SP 55068:

Chairman, Secretary & Managing Agent to meet Monday 10 October 2011 at 12:30 in Unit 901. 

Payment For Contribution:

Managing Agent to raise invoice to C.Arnott in accordance with deed.

Hot Water Boilers:

RESOLVED to engage consultant Richard Duggan to produce a firm design, scope of works & specification, preparation of tender documents and tender services plus an indicative price to replace current aged boilers.

Azure Hotel:

It was confirmed that the hotel accommodation has ceased in the building and therefore it was RESOLVED to remove the signage from the facade of the building and re-brand the building 40 Macleay.  Committee to consider a building name sign- 40 Macleay, on the facade.

NEXT MEETING:

Wednesday 7 November 2011 at 5:30pm in the Rex Centre.

CLOSURE:

There being no further business, the meeting was declared closed at 6:05 pm.

DATE, PLACE & TIME

OF MEETING:

PRESENT:

APOLOGIES

IN ATTENDANCE

A meeting of the Executive Committee of the Owners –

Strata Plan No. 55068 was held on 9 November 2011, at the Rex Centre, 50 Macleay Street, Potts Point. The meeting commenced at 5.36pm.

Greg Aitkenhead (chairman), Craig Arnott, Ian Campbell, Michael Calleja David Heads.

Garry Bray, Glen Vitullo, Valerie Rabot

Larry Aylward

Minutes of the meeting:

1.  MINUTES OF LAST   EC MEETING

RESOLVED: that minutes of EC meeting held 5 October 2011 be confirmed.         [Craig Arnott/Ian Campbell]

2. BUILDING REPORT

Alarm System Upgrade  - now complete apart from 102. Managing agent to advise when lease is up.

False Alarm Call Out Level 4 – a faulty zone card in fire control panel was deemed to be the cause.  NSW Brigades will not accept any liability for replacement of new fire door. The position re seals on door is to be ascertained.

Azure Signage – to be removed.

Facade Signage – Ian Campbell to investigate product (eg chrome, silver) and font type for “40 Macleay” on slab edge of building.

Water Penetration – Level 9

- Awaiting Watson report re removal of bricks at level 9 south.

- BAS to scope and cost works to 901 middle terrace and lift motor room concrete spalling.

3. BOILER REPLACEMENT

(1) A mechanical engineer has inspected and indicated that boiler is past its expected lifespan. The engineer has recommended that a new gas hot water system be located in the upper ground car park with two water tanks in the lower garage.  The engineer is to submit detailed drawings.

(2) Costings are however to be obtained for the removal of the existing (but to-be-redundant) boiler and water tank on the assumption that the new hot water system and tanks can be located in this area

4. LIFT  UPDATE

First claim for 25% received.  Installation scheduled to start to 1 March 2012.

5. LOBBY ARTWORK

Signature Contemporary Art (Sarah Lesley) to be commissioned to provide three pieces (1000x2400 in size).  MC & IC to liaise with SL to confirm art work to be affixed.

6. GENERAL BUSINESS

The supply & installation of LED lighting in lobby to be priced.

7. DATE OF NEXT MEETING

17 January 2012.