Strata Report

Property Address: 73/5-11 Pyrmont Bridge Road, Camperdown
Lot No: 73
Strata Plan No: 87368
Date Inspected: 19 April 2024
Tiana Basile
Inspector: 0450 007 450
Tiana@clarifiedpropertyinspectionsandreports.com.au
0
LIST OF INSPECTED DOCUMENTS
Listed are documents that are normally made available by the Strata Management during an inspection of
the Strata Records. Everything ticked ‘yes’ has been attached to this report.
Document Available for Inspection
Strata Roll, Ledger and Financial Accounts Yes ☒ No ☐
Building Insurance Yes ☒ No ☐
Insurance Valuation Yes ☒ No ☐
Previous 5 years AGM Minutes Yes ☒ No ☐
EGM Minutes Yes ☐ No ☒
Fire Safety Certificate Yes ☒ No ☐
Capital Works Fund Forecast Report Yes ☒ No ☐
Work Health and Safety Report (if applicable) Yes ☐ No ☒
Asbestos Report (if applicable) Yes ☐ No ☒
Building Defects (if applicable) Yes ☒ No ☐
Cladding (if applicable) Yes ☒ No ☐
Correspondence File (if applicable) Yes ☐ No ☒
Certificate of Title Yes ☒ No ☐
Strata Plan Yes ☒ No ☐
Registered By Laws Yes ☒ No ☐
1
NOTABLE MATTERS
• NOTE: Please be advised we obtained the attached documentation and information via:
☒ Online inspection
☐ Email distribution
☐ In-person inspection
• Please note the strata manager advised the following:
o 2024 AGM Minutes – these are in DRAFT form as we are finalising a few matters
and will be sent one done Deed of Agreement entered into with Ceerose for the
remediation of defects and Cladding
o Fire Order - Please be advised the building is in an extension with council for the
submission of the annual fire safety statement.
o Please advise if the attached is sufficient, you will find enclosed with the Deed the
Scott Schedule for works included in the defect remediation.
o Refer to the email extract dated 19 April 2024
• At the time of our inspection, we made note of building and cladding defects and rectification at
the scheme. Refer to:
o 2022 AGM minutes
o 2023 EGM minutes
o Deed of release
o Fire order
o 2024 AGM
o Deed of settlement and release
• At the 2024 AGM, it was resolved to raise a special levy in the amount of $1,800,000.00 to fund
cladding works due 1/5/2024, 1/8/2024, 1/11/2024, 1/2/2025, 1/5/2025, 1/8/2025, 1/11/2025,
1/2/2026, 1/5/2026, 1/8/2026, 1/11/2026 and 1/2/2027.
2
CONTRIBUTIONS
Subject Lot Contributions:
Administration Fund: Capital Works Fund:

Annually: $2,983.08 Annually: $829.40
Per Quarter: $745.77 Per Quarter: $207.35
Arrears: $0.00
The budget passed at the last Annual General Meeting is as follows:
Date of the last AGM held: 3 April 2024
Date of next expected AGM: not yet set
Total Building: $550,000.00 Total Building: $130,000.00
Effective from:
1 September 2023
Previous year’s levies determined at the AGM dated 29 November 2022
Total Building: $467,570.00 Total Building: $ 130,000.00

plus GST plus GST
3
STRATA ROLL
Owners:
Shi K Ong
Address:
73/5 Pyrmont Bridge Rd, Camperdown
Unit Entitlement: (Aggregate Entitlement)
The unit entitlement is 58.00 of an aggregate of 10,000.00. Therefore, the subject lot carries rights and
responsibilities equivalent to 0.58% of the strata plan. The owners of the subject lot may cast votes
equivalent to their percentage ownership of the strata plan and are responsible for the expenditure of
the building to the same extent.
Original Owner/s:
The Biscuit Factory Eastside
STRATA PLAN
Number of lots in Strata Plan:
142
Number of Units:
133
Lot and Unit number correspond:
Yes ☒ No ☐
Date Strata Plan registered:
17 July 2014
MANAGING AGENT
Strata Agency: Bright and Duggan
Telephone Number: 02 9902 7100
Assigned Manager: Louise Wellman
1
OWNERS FUNDS
As at 19 April 2024 the financial position of the OWNER’S Corporation (ASSETS MINUS
LIABILITIES) was as follows:
Administration Fund: -$217,638.86
(This fund covers the day-to-day expenditure of the building)
Capital Works Fund: $1,253,110.44
(This fund is intended to cover long-term maintenance of the building)
Combined Owners Funds: $1,035,471.58
Cash at Bank: $137,150.21
Investment: $927,702.03
Total levies in arrears: $5,888.04
Account Keeping Requirements:
Accounting records are kept as per the Act Yes ☒ No ☐
Annual Budgets have been prepared Yes ☒ No ☐
Accounts are audited Yes ☒ No ☐

GST
The Owner’s Corporation is registered for and collects GST. Yes ☒ No ☐
SPECIAL LEVIES
Current
According to the records inspected, there is a current special levy.
• At the 2024 AGM, it was resolved to raise a special levy in the amount of $1,800,000.00 to fund
cladding works due 1/5/2024, 1/8/2024, 1/11/2024, 1/2/2025, 1/5/2025, 1/8/2025, 1/11/2025,
1/2/2026, 1/5/2026, 1/8/2026, 1/11/2026 and 1/2/2027.
Possible/proposed special levies

According to the records inspected, there are no proposed special levies.
Past special levies
According to the records inspected, there has been no history of special levies.
2
BUILDING INSURANCE
Insurer:
CHU
Policy Number:
HU0006270
Due Date:
14 October 2024
Building: $68,250,000
Common Contents: $682,500
Loss of Rent: $20,475,000
Public Liability: $30,000,000
Voluntary Workers: $200,000/2000
Workers Compensation: Not Included
Office Bearers Liability: $10,000,000
Fidelity Guarantee: $250,000
Machinery Breakdown: $100,000
Building Catastrophe: $10,237,500
Total Premium Cost:
$221,616.86
All insurances held in the name of the Owners Corporation?
Yes ☒ No ☐
The Strata Schemes Management Act 2015 requires the Owners Corporation to have the following:
• Building insurance at least to the value of the building as determined by a valuation

which must be obtained at least every 5 years
• Public Liability cover to a minimum of $10,000,000
• Workers’ Compensation insurance; and Voluntary Workers
BUILDING VALUATION
Valuer: Solutions IE
Date: 18 May 2018
Valuation Cost: $72,527,000
3
MINUTES AND RECORDS
Date of the last AGM:
3 April 2024
Last minutes in book:

2024 AGM
Date of the first AGM:

N/A
Strata Committee Members:

Please refer to the 2024 AGM minutes, attached
Fire Safety Certificate:

Was the current Fire Safety Certificate sighted?
An Annual Fire Safety Statement was not sighted at time of our inspection, NOTE: that this strata
plan may not be required to conduct an annual inspection, and or submit certification to council.
Yes ☐ No ☒
Capital Works Fund Forecast:

A Capital Works Fund forecast is attached.
PAST BUILDING WORK

The following previous financial statement periods provided at the time of our inspection are as follows:
Date:
1/9/2017 19/4/2024
4
BY-LAWS / CERTIFICATE OF TITLE
Is there any evidence of By-Laws passed during the past 6-Months, that have not been registered?
No
The Certificate of Title is not normally found in the strata records. A Title Search is normally conducted and included as part of the
sale contract documentation. Please liaise with your legal adviser on this issue. A search should be made at the Land Titles Office
regarding registers dealings. The Strata Schemes Management Act 1966 requires that a change of By-Laws must be registered within
two years of a resolution being passed.
NEW STRATA LEGISLATION (EFFECTIVE 30 NOVEMBER 2016)

The Strata Schemes Management Act 2015 commenced on 30 November 2016 which enacts new regulations regarding By-Laws. All
Strata Schemes will need to review their By-Laws before 1 December 2017. Schemes prior to 1 July 1997 must adopt the new model
By-Laws. However, they can be subject to changes being adopted through a Special Resolution in a general meeting of the Owners
Corporation. Strata Schemes commencing between 1 July 1997 and 30 November 2016 must review their By-Laws by 1 December
2017. Note: Adoption of the new model By-Laws is not compulsory.
LITIGATION
Any evidence of current or proposed litigation involving the Owners Corporation?
Yes ☐ No ☒
• NOTE: Not according to records inspected.
NOTICES AND ORDERS

Do the records contain Notices or Orders adversely affecting the Owners Corporation?
Yes ☒ No ☐
• Refer to notable matters
HARMONY
We note that the following By-Laws infringements were addressed in recent times:
• None sighted at time of our inspection
ALTERATIONS AND ADDITIONS

Before carrying out alterations to units or the common property owners must first request permission from
the Owners Corporation.
Do the records contain any recent applications to the Strata Committee for permission to carry out
alterations or additions to individual units or to the subject lot?
Yes ☐ No ☒
5
ANIMALS
NOTE: Owners Corporations have twelve (12) months from 30 November 2016 to review the By-Laws
of their Strata Scheme as outlined in the By-Laws section of this Report. Therefore, the current attitude
policy to pets, if any, will remain in place until the Review is undertaken.
Keeping of animals – Refer to the strata plans by-laws.
TAXATION
TAX RETURNS
Corporation lodges income tax returns? Yes ☒ No ☐
Copy of most recent Tax Return sighted? Yes ☐ No ☒
Expenditure for tax preparation in financial accounts? Yes ☒ No ☐
6
Did you purchase this report from
Clarified Property Inspections and
Reports?
Authorised Use of this Report
1. This report has been prepared by Clarified Property Inspections and Reports (CPIR) or contracted on behalf of, or for CPIR.
2. This report is made solely for the benefit of the client named on the face of this report and no liability or responsibility
whatsoever is accepted to any third party who may rely on the Report wholly or in part.
3. Any third party acting or relying on this report whether in whole or in part do so at their own risk.
4. If you have not purchased this report through CPIR, you have not entered a commercial agreement with CPIR, and have not
agreed to our terms and conditions. The person(s) who have provided you with the report have:
(a) breached our terms and conditions; and/or
(b) breached our copyright and other intellectual property,
5. As a consequence of any unauthorized use of this report, you will not be covered by CPIR’s professional indemnity insurance
and CPIR reserves its right not to answer any questions about the report.
Limitations and Disclaimers
1. During the subject inspection, no attempt was made to ascertain whether any Strata Managing Agent has complied with the
detailed accounting requirements of the Property, Stock and Business Agents Act 2002 and/or the Strata Schemes
Management Act 2015 and any other applicable statutes or regulations, or whether the prescribed accounting and prescribed
financial statement requirements are being complied with by the subject Owners Corporation. As such requirements are
complex, a further inspection by qualified inspector is required prior to advising in relation to such matters.
2. The information contained in this report was extracted from the books and records of the Owners Corporation and, as much
as was reasonably possible, from conversations with officers of the Owner’s Corporation.
3. Special procedures were followed to minimise the possibility of records not being made available for inspection. However, it
is possible that not all of the Owner’s Corporation records were made available for inspection or, alternatively, the records
may not have contained all the information of interest to a Purchaser or Mortgagee.
4. Some managing agents are in the practice of archiving or destroying records prior to the expiration of a five year period, as
required, and certain records may therefore not have been made available for this inspection.
5. This report is made solely for the benefit of the client named on the face of this report and no liability or responsibility
whatsoever is accepted to any third party who may rely on the Report wholly or in part. Any third party acting or relying on
this report whether in whole or in part do so at their own risk.
6. CPIR is unable to provide advice regarding the contents of this report.
7. Most of the records at this managing agent’s office have been scanned and are kept on their computer data base; each
image is individually scanned and recorded in various categories rendering their inspection most cumbersome and difficult;
we can therefore not be certain that we sighted each and every such image.
8. CPIR is the holder of Public Liability Insurance Policy: 2022-MS48978-78468
7
COVID-19
In response to the impact of COVID-19 on strata and community schemes, the NSW Government has made temporary changes to
the law to give schemes the flexibility they need to function. The regulations commenced on 5 June 2020 and will be in place until
further notice.
You should refer to the NSW Government Fair Trading website for further details:
https://lnk.nswfairtrading.trclient.com/l/AtGMpL-xv3We3xxUWiLMJV8
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DISCLAIMER
Important information regarding this report
Clarified Property Inspections and Reports Pty Ltd has prepared this report for the
purpose of reporting solely to the client named above.
This report summarises information gathered during the inspection of the records of the
Strata Plan. The report represents information made available to the inspector by the
Strata Manager on the date of inspection.
The information provided in this report is a result of an inspection of the records for
approximately one hour. We aim to provide as much information within that timeframe.
Clarified Property Inspections and Reports Pty Ltd cannot guarantee that all of the
Owners Corporation records were provided to us at the time of inspection nor accept
liability if the information provided at the time of the inspection is inaccurate, omitted or
incomplete. Every effort is made by Clarified Property Inspections and Reports Pty Ltd to
provide true and accurate information in this report.
If you require further information or more detail on any of the information provided
within this report, please contact our office and we can arrange a further inspection of
the records at an additional cost.
CONTACT CLARIFIED PROPERTY INSPECTIONS AND REPORTS

Please feel free to contact the inspector regarding this report. Should you have any
difficulty in understanding anything contained within this report then you should
immediately contact the inspector and have the matter explained to you. If you have any
questions at all or require any clarification, then contact the inspector prior to acting on
this report.
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GLOSSARY
A
Agenda
A list of motions or issues to be voted upon or deliberated at a meeting.
Aggregate Unit Entitlement
The total of all the individual lot unit entitlements in the Strata Scheme. See also Total Unit Entitlement and Unit Entitlement.
Annual General Meeting (AGM)
A meeting of owners and other interested parties (as noted on the Strata Roll) that must be convened once a year under the NSW
Strata Schemes Management Act 2015. Also, see General Meeting.
Airspace
A lot owner effectively owns the airspace (and anything included in the airspace) inside the boundary walls, floor, and ceiling of the
lot. Lot airspace may include balconies and courtyards. Everything within the airspace must be maintained at the owner's cost.
By-Laws
A set of rules the residents (owners and tenants) in the strata or community scheme must abide by.
Budget
An estimation of future receipts and payments likely to occur in the coming year for a scheme. This estimate is prepared by the Strata
Committee or the Strata Managing Agent and is based principally on the historical costs of the scheme.
Capital Works Fund (previously known as Sinking Fund)
A fund, under the control of the Owners Corporation, used to cover major renewal, repair or replacement works for the scheme
including such things as window bar replacement, structural rectification, roofing replacement or repair, common property painting,
stairwell carpet replacement, balcony problems, unexpected emergencies etc. Contributions are set by the Owners Corporation and
are usually paid in quarterly instalments (see Levies).
Certificate of Title
A title deed issued by the NSW Land and Property Information to prove ownership of a lot. The Owner’s Corporation is also issued
with a title deed for the common property.
Common Property
Common property is areas such as driveways, external walls, roofs, stairwells, foyers, and gardens. Ownership is shared between Lot
owners. Everything that is not defined as part of a Lot is common property.
Extraordinary General Meeting (EGM)
A meeting held outside the time frame of the Annual General Meeting for the consideration of any matters that need to be addressed
by all owners.
Exclusive Use
A special right granted to an owner to use a part of the common property (e.g., exclusive use of a car space located on common
property).
Executive Committee (see Strata Committee)
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H
Harmony
A term used to describe the level of owner contentment that exists within a scheme. Issues that impact on the level of harmony are
parking, noise, animals and disputes between neighbours, owners, and the Strata Committee.
Initial Period
The period in which the original owner still owns strata lots in a Strata Scheme for which the sum of the unit entitlements of those
lots comprises more than 2/3 of the aggregate unit entitlement of the scheme.
Levies
Contributions usually paid quarterly, by the owners to the Owners Corporation to cover regular expenditure and future major works
expenses. The amount paid by each lot owner is regulated by the unit entitlement of their respective lot and allocated to both the
Administrative and Capital Works (previously known as Sinking) Funds.
Lot
A strata scheme is a building or collection of buildings that has been divided into ‘lots. Lots can be individual units/apartments,
townhouses, or houses. When a person buys a lot, they own the individual lot and share the ownership of common property with
other lot owners.
Minutes
A documented record of all proceedings for all meetings held by the Owners Corporation and Strata Committee.
Motion
A proposal put forward for consideration at meetings held by the Owners Corporation and the Strata Committee.
Ordinary Resolution
A resolution that requires a majority vote of eligible owners or representatives present at a general meeting. An ordinary resolution
motion is resolved if the majority of the votes cast are in favour of the motion otherwise the motion is defeated. Ordinary Resolutions
are proposed to deal with such things as determining levy contributions and administrative matters.
Original Owner
The owner of the entire strata titled complex when the Strata Scheme was originally registered. It is usually the developer or builder.
Owners Corporation
The legal entity consisting of all the owners of the lots in a Strata Scheme and formed when a Strata Plan is registered.
Poll
A method of voting at meetings where each owner’s vote has a value based on their lots unit entitlement.
Proxy
A person appointed, in writing, by an owner or mortgagee to attend a meeting and vote on the appointer’s behalf.
Quorum
A quorum for a general meeting is 25% of people entitled to vote or owners who hold 25% or more of unit entitlement. A quorum for
an executive committee meeting is at least 50% of the executive committee members.
Resolution
11
A decision made at a meeting based on a motion raised and addressed at the meeting. There are three types of resolutions – Ordinary
Resolutions, Special Resolutions and Unanimous Resolutions.
Sinking Fund (see Capital Works Fund)
Special Levy
A Special Levy is raised to pay for expenses not budgeted for in either the Administrative Fund or the Capital Works Fund (previously
Sinking Fund). The amount and number of payments are specified at a general meeting of the Owners Corporation where the levy is
approved.
Special Resolution
A Special Resolution requires a minimum 75% of the owners in favour of a motion, based on unit entitlement, when presented at a
general meeting of the owner’s corporation. Special Resolutions are proposed to deal with such things as issues concerning common
property or the amending of By-Laws.
Strata Committee (previously known as the Executive Committee)

Elected representatives of the owners. The election takes place at each Annual General Meeting. The three main positions are
Chairman, Secretary and Treasurer.
Strata Scheme
A Strata Scheme is a building or collection of buildings that has been divided into ‘lots. Lots can be individual units/apartments,
townhouses, or houses. When a person buys a lot, they own the individual lot and share the ownership of common property with
other lot owners. Common property generally includes things like gardens, external walls, roofs, driveways, and stairwells.
Strata Roll
The register of the owners of all lots in the Strata Scheme including any utility lots. It also includes the names of other interested
parties such as any mortgagees, covenant charges or lessees.
Total Unit Entitlement
The total of all the individual lot unit entitlements in the Strata Scheme.
Tribunal
The NSW Civil and Administrative Tribunal (NCAT) hears and determines disputes between tenants, landlords, traders, and consumers
in a timely and effective manner.
Unanimous Resolution
A Unanimous Resolution requires 100% of the owners in favour of a motion when presented at a general meeting of the owner’s
corporation. Unanimous resolutions are proposed to deal with such things as alterations to the Strata Plan or dealing with some
Insurance matters.
Unit Entitlement
Each lot in a strata plan is allocated a unit entitlement based upon its value relative to the other lots in the scheme. This entitlement
regulates the proportion of the levies payable by the lot owners and the voting rights of the lot.
WHS – Work Health & Safety
An acronym for Work Health & Safety, which is a set of rules and regulations concerned with protecting the safety, health, and welfare
of people, engaged in work or employment. The goal of occupational safety and health programs is to foster a safe and healthy work
environment.
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Contents
Strata Plan No. 87368
Report Page
Roll Form 1
Financial Statements (Presentation 2) 2
Owner Information - Info Ledger Only 6
Insurance Report 7
Owner Information - Levy Register Only 10
Strata Schemes Management Act 2015
STRATA ROLL (Section 177)

LOT NO. 73 UNIT NO. 73 PLAN NO. 87368 TYPE S.P. ACCOUNT NO. 02100073
ORIGINAL OWNER
Name of Original Owner Residential Address Address for service of notices
of Lot of Original Owner on Original Owner
The Biscuit Factory Eastside PO Box 403 PO Box 403
Camperdown, NSW 1450 Camperdown, NSW 1450
ENTITLEMENTS
Entitlements Date of Registration
58.00 17-Jul-14
PARTICULARS OF SUBSEQUENT OWNERS

Full Name of Owner(s) Residential Address Address for service of notices Date of
on Owner(s) notice
Shi K Ong 73/5 Pyrmont Bridge Road 73/5 Pyrmont Bridge Road 22/06/16
CAMPERDOWN NSW 2050 CAMPERDOWN NSW 2050
ongsk01@yahoo.com.au
Shi K Ong 73/5 Pyrmont Bridge Road Unit 73 DNA 22/06/16
CAMPERDOWN NSW 2050 5 Pyrmont Bridge Road
Camperdown, NSW 2050
Jonny Alex Campos Alverez 283 Wardell Road 283 Wardell Road 15/06/15
Dulwich Hill, NSW 2203 Dulwich Hill, NSW 2203
Jonny Alex Campos Alverez 283 Wardell Road 283 Wardell Road 22/08/14
Dulwich Hill, NSW 2203 Dulwich Hill, NSW 2203
BALANCE SHEET
AS AT 16 APRIL 2024
ACTUAL ACTUAL
16/04/2024 31/08/2023
OWNERS FUNDS 0.00 0.00
Administrative Fund (221,504.95) (30,013.64)
Capital Works Fund 1,253,110.44 1,352,769.12
TOTAL $ 1,031,605.49 $ 1,322,755.48
THESE FUNDS ARE REPRESENTED BY 0.00 0.00
CURRENT ASSETS 0.00 0.00

Cash At Bank 137,150.21 541,542.45
Investment Td Mbl 927,702.03 907,790.55
Levies In Arrears 5,888.04 2,830.46
Other Arrears 0.00 346.50
Interest On Overdue Levies 81.16 158.67
Sundry Debtors 7,324.05 7,324.05
TOTAL ASSETS 1,078,145.49 1,459,992.68
LIABILITIES 0.00 0.00

G S T Clearing Account (6,780.85) (8,939.99)
P A Y G Clearing A/C 229.00 2,493.00
Creditors 52,358.61 21,038.93
Levies In Advance 78.51 122,645.26
Other Payments In Advance 654.73 0.00
TOTAL LIABILITIES 46,540.00 137,237.20
NET ASSETS $ 1,031,605.49 $ 1,322,755.48

STATEMENT OF INCOME AND EXPENDITURE

FOR THE PERIOD 01 SEPTEMBER 2023 TO 16 APRIL 2024
ACTUAL BUDGET VARIANCE ACTUAL
01/09/23-16/04/24 01/09/23-31/08/24 % 01/09/22-31/08/23
ADMINISTRATIVE FUND 0.00 0.00 0.00
INCOME 0.00 0.00 0.00

Levies - Administrative Fund 385,745.34 550,000.00 70.14 514,327.08
Interest On Overdue Levies 154.54 0.00 1,172.75
Insurance Claim Refund 0.00 0.00 0.00 6,056.61
Key Deposits 0.00 0.00 0.00 560.00
Recovery Legal Fees 0.00 0.00 0.00 1,237.50
Gst On Income (35,067.75) (50,000.00) 70.14 (46,920.42)
TOTAL INCOME 350,832.13 500,000.00 476,433.52
EXPENDITURE - ADMIN. FUND 0.00 0.00 0.00

Audit Fees 0.00 2,600.00 0.00 2,420.00
Bank Charges 0.00 950.00 0.00 284.70
Bank Charges 282.50 0.00 500.97
Building Management 34,712.80 104,500.00 33.22 72,821.02
Certificate Fees 0.00 120.00 0.00 114.57
Cleaning 33,227.00 50,000.00 66.45 49,308.60
Cleaning-Windows 5,016.00 10,600.00 47.32 8,580.00
Electrical Repairs 7,661.50 5,000.00 153.23 3,766.40
Electrical-Globes 483.45 1,000.00 48.34 2,027.85
Fire Protection Testing 56,046.51 25,000.00 224.19 31,480.82
Grounds-Gardening 10,162.00 16,000.00 63.51 15,379.64
Insurance Premiums 237,597.19 150,000.00 158.40 146,648.95
Insurance Stamp Duty 0.00 6,000.00 0.00 5,509.86
Legal Fees 4,334.44 0.00 0.00
Arrears Letters 1,879.89 0.00 1,903.00
Lift-Maintenance 12,502.80 30,000.00 41.68 33,806.20
Management Fees 22,001.03 36,745.00 59.87 40,450.18
Meeting Room Hire 1,850.00 1,000.00 185.00 650.00
Accounting & Finance 110.00 0.00 0.00
Meeting Expenses 0.00 3,000.00 0.00 3,108.86
Strata Manager Consultancy 4,377.09 2,500.00 175.08 2,732.94
Disbursements 11,039.94 17,500.00 63.09 18,589.89
Pest Control-Service 1,245.20 1,700.00 73.25 1,698.00
Plumbing-General 6,457.00 4,000.00 161.42 4,314.84
Rep & Maint-Intercom 0.00 1,000.00 0.00 0.00
Rep & Maint-Air Conditioning 0.00 2,000.00 0.00 1,857.39

01/09/23-16/04/24 01/09/23-31/08/24 % 01/09/22-31/08/23
Rep & Maint-Garage Door 3,099.80 1,500.00 206.65 1,452.00

Rep & Maint-General Building 67,889.90 15,000.00 452.60 15,322.68
Security 4,647.50 2,000.00 232.38 1,787.50
Services-Electricity 21,380.56 38,000.00 56.26 37,930.70
Services-Water Usage 37,720.35 36,000.00 104.78 33,852.45
Telephone Expense 4,195.00 3,000.00 139.83 2,648.74
Gst On Expenses (47,596.01) (47,615.04) 99.96 (47,110.21)
TOTAL EXPENDITURE 542,323.44 519,099.96 493,838.54
SURPLUS (DEFICIT) $ (191,491.31) $ (19,099.96) $ (17,405.02)
Opening Admin. Balance (30,013.64) (30,013.64) 100.00 (12,608.62)

ADMINISTRATIVE FUND BALANCE $ (221,504.95) $ (49,113.60) $ (30,013.64)

01/09/23-16/04/24 01/09/23-31/08/24 % 01/09/22-31/08/23
CAPITAL WORKS FUND 0.00 0.00 0.00
INCOME 0.00 0.00 0.00

Levies - Capital Works Fund 107,250.99 143,000.00 75.00 143,000.00
Discount - Capital Works Fund 0.00 0.00 0.00 (0.09)
Interest 0.00 0.00 0.00 3,932.46
Interest On Investment 19,911.48 0.00 7,790.55
Tax Refund 0.00 0.00 0.00 1,154.10
Gst On Income (9,750.09) (13,000.00) 75.00 (12,999.99)
TOTAL INCOME 117,412.38 130,000.00 142,877.03
EXPENDITURE - CAPITAL WORKS 0.00 0.00 0.00

Consultants 63,789.76 0.00 11,698.50
General Replacement 300.00 0.00 10,638.68
Fire Protection Repairs 0.00 0.00 0.00 19,193.77
Plumbing-General 0.00 0.00 0.00 1,980.00
Building Improvements 175,266.69 0.00 41,597.45
Rep & Maint-Garage Door 0.00 0.00 0.00 2,585.00
Tax - Income Tax (525.70) 0.00 0.00 1,838.00
Gst On Expenses (21,759.69) 0.00 0.00 (7,972.13)
TOTAL EXPENDITURE 217,071.06 0.00 81,559.27
SURPLUS (DEFICIT) $ (99,658.68) $ 130,000.00 $ 61,317.76
Opening Capital Works Balance 1,352,769.12 1,352,769.12 100.00 1,291,451.36

CAPITAL WORKS FUND BALANCE $ 1,253,110.44 $ 1,482,769.12 $ 1,352,769.12
5 Pyrmont Bridge Road Camperdown NSW 2050
Ledger Report 16 April 2024
Name: Shi Kit Ong Account Number: 02100073

Lot Number: 73
Unit Number: 73
StrataPay Number: 135512351
Date Description Fund Reference Amount Balance
Brought Forward 0.00 0.00
18/10/22 01/12/22 to 28/02/23 Admin Fund I0010865 679.30 679.30
18/10/22 01/12/22 to 28/02/23 Capital Works Fund I0011007 200.91 880.21
25/10/22 Admin Fund Admin Fund R0004769 -679.30 200.91
25/10/22 Capital Works Fund Capital Works Fund RA004769 -200.91 0.00
28/02/23 01/03/23 to 31/05/23 Admin Fund I0011149 812.25 812.25
28/02/23 01/03/23 to 31/05/23 Capital Works Fund I0011291 213.79 1,026.04
18/04/23 01/06/23 to 31/08/23 Admin Fund I0011433 812.25 812.25
18/04/23 01/06/23 to 31/08/23 Capital Works Fund I0011575 213.79 1,026.04
18/07/23 01/09/23 to 30/11/23 Admin Fund I0011717 745.77 745.77
19/10/23 01/12/23 to 29/02/24 Admin Fund I0012001 745.77 745.77
17/01/24 01/03/24 to 31/05/24 Admin Fund I0012285 745.77 745.77
Page 6
Page: 7 16 April 2024
INSURANCE REPORT
5 Pyrmont Bridge Road
CAMPERDOWN NSW 2050
Type Sum Insured Premium Date Last Paid

BUILDING 68,250,000 $221,616.86 02/11/23
Company/Broker Telephone Policy Number Due Date
CHU Underwriting Agencies 02 8319 5670 HU0006270 14 October 2024
Collective Insurance Brokers Facsimile Excess/Comments
info@collectiveib.com.au $5,000 all claims + as per policy
$50,000 fire

PUBLIC LIABILITY 30,000,000 Included 02/11/23
info@collectiveib.com.au

COMMON AREA CONTENTS 682,500 Included 02/11/23

LOSS OF RENT 20,475,000 Included 02/11/23

FIDELITY GURANTEE 250,000 Included 02/11/23

VOLUNTARY WORKERS 200,000/2,000 Included 02/11/23
INSURANCE REPORT
CAMPERDOWN NSW 2050

OFFICE BEARERS 10,000,000 Included 02/11/23

MACHINERY BREAKDOWN 100,000 Included 02/11/23
info@collectiveib.com.au $5,000 all claims

CATASTROPHE 10,237,500 Included 02/11/23

EXT COVER - RENT/TEM 1,535,625 Included 02/11/23

ESC IN COST OF TEMP 511,875 Included 02/11/23

STORAGE/EVACUATION 511,875 Included 02/11/23
INSURANCE REPORT
CAMPERDOWN NSW 2050

GOVERNMENT AUDIT COS 25,000 Included 02/11/23

WH&S APPEAL EXPENSES 100,000 Included 02/11/23

LEGAL EXPENSES 50,000 Included 02/11/23
info@collectiveib.com.au $1,000 all claims

LOT OWNERS IMPROVEME 250,000 Included 02/11/23

FLOOD Insured Included 02/11/23
Facsimile Excess/Comments
Page 10 LEVY REGISTER REPORT 16 April 2024

Levy Year Last Annual Total Number Financial Year
Start End General Meeting Entitlements of Lots Start End
01/09/2022 31/08/2023 29/11/2022 10000 133 01/09/2023 31/08/2024
If Paid by
Lot No Description Period Notice Date Amount Discount or Due Net Amount Date Paid Balance Due Net Due
73 ONG S K Entitlements: 58
Admin Fund 01/09/22 to 30/11/22 18/07/2022 679.30 0.00 01/09/2022 679.30 27/07/2022
Admin Fund 01/12/22 to 28/02/23 18/10/2022 679.30 0.00 01/12/2022 679.30 25/10/2022
Admin Fund 01/03/23 to 31/05/23 28/02/2023 812.25 0.00 15/04/2023 812.25 16/03/2023
Admin Fund 01/06/23 to 31/08/23 18/04/2023 812.25 0.00 01/06/2023 812.25 26/04/2023
Admin Fund 01/09/23 to 30/11/23 18/07/2023 745.77 0.00 01/09/2023 745.77 24/07/2023
Admin Fund 01/12/23 to 29/02/24 19/10/2023 745.77 0.00 01/12/2023 745.77 29/11/2023
Admin Fund 01/03/24 to 31/05/24 17/01/2024 745.77 0.00 01/03/2024 745.77 28/02/2024 0.00 0.00
Capital Works Fund 01/09/22 to 30/11/22 18/07/2022 200.91 0.00 01/09/2022 200.91 27/07/2022
Capital Works Fund 01/03/24 to 31/05/24 17/01/2024 207.35 0.00 01/03/2024 207.35 28/02/2024 0.00 0.00
Report Totals 0 0
Level 33, 101 Miller Street
North Sydney NSW 2060
PO BOX 500, North Sydney NSW 2059
Certificate of Currency
CHU Residential Strata Insurance Plan
Policy No HU0006270
Policy Wording CHU RESIDENTIAL STRATA INSURANCE PLAN
Period of Insurance 14/10/2023 to 14/10/2024 at 4:00pm
The Insured THE OWNERS - STRATA PLAN 87368
Situation 5 PYRMONT BRIDGE ROAD CAMPERDOWN NSW 2050
Policies Selected
Policy 1 – Insured Property
Building: $68,250,000
Common Area Contents: $682,500
Loss of Rent & Temporary Accommodation (total payable): $20,475,000
Policy 2 – Liability to Others

Sum Insured: $30,000,000
Policy 3 – Voluntary Workers

Death: $200,000
Total Disablement: $2,000 per week
Policy 4 – Fidelity Guarantee

Sum Insured: $250,000
Policy 5 – Office Bearers’ Legal Liability

Policy 6 – Machinery Breakdown

Policy 7 – Catastrophe Insurance

Extended Cover - Loss of Rent & Temporary Accommodation: $1,535,625
Escalation in Cost of Temporary Accommodation: $511,875
Cost of Removal, Storage and Evacuation: $511,875
Policy 8 – Government Audit Costs and Legal Expenses

Government Audit Costs: $25,000
The contract of insurance is arranged by CHU Underwriting Agencies Pty Ltd (ABN 18 001 580 070, AFSL 243261) on behalf of the insurer: QBE Insurance (Australia) Limited
(ABN 78 003 191 035, AFSL 239545).
Appeal expenses – common property health & safety breaches: $100,000
Legal Defence Expenses: $50,000
Policy 9 – Lot owners’ fixtures and improvements (per lot)

Flood Cover is included.
Date Printed 23/11/2023
This certificate confirms this policy is in force for the Period of Insurance shown, subject to the policy terms, conditions
and exclusions. It is a summary of cover only (for full details refer to the current policy wording and schedule). It does not
alter, amend or extend the policy. This information is current only at the date of printing.
The contract of insurance is arranged by CHU Underwriting Agencies Pty Ltd (ABN 18 001 580 070), AFSL 243261) on behalf of the insurers: QBE insurance (Australia) Limited
(ABN 78 003 191 035, AFSL 239545).
HU0006270 Page 2 of 2
INSURANCE VALUATION REPORT
The Owners Corporation of

Camperdown NSW 2050
Strata Plan 87638
IMPORTANT INFORMATION
Date of inspection: 18 May 2018 Inspector name: Adam McMonigal
Valuation – $55,790,000 Valuation - Including $72,527,000
Adoption Amount 30% Catastrophe Cost
Catastrophe cost Costs that may arise due to an event or happening which is generally
considered as being beyond normal control of building costs for
reconstruction. An example is lightning, flood, cyclone or other natural
event. On the rare occasion that these events occur, some building
costs may rise due to lack of: materials, skilled tradespersons,
excessive building applications lodged with Local Government,
contamination of the site, access to the site, claims, processing and
approval of insurance claims, time lost due to removal of debris.
Inspection details Onsite consultation was requested and the inspector did meet on site
to inspect an indicative unit as part of the valuation. This assessment
is based on the internal and external common property area
observations, as well as the indicative internal unit inspected, taking
into account additional information obtained through measurements
supplied by the drawings / plans.
NEW SOUTH WALES QUEENSLAND VICTORIA

Level 5, 115 Pitt St Sydney 2000 18 Park Rd Milton 4064 Level 1, 1 Queens Rd Melbourne 3004
PO Box A72 Sydney South NSW 1235 PO Box 1584 Milton 4064 GPO Box 3025 Melbourne 3001
12 June 2018
The Owners Corporation

Camperdown NSW 2050
Dear Committee Members,
RE: JOB No.1970634, 5 Pyrmont Bridge Road, Camperdown NSW 2050
Thank you for providing this opportunity for our company to be of service to you, please find
attached the insurance valuation report as requested.
All services provided by Solutions in Engineering are supplied on the basis of ‘Supply
Terms and Conditions’ which are available from our office and from our website
www.solutionsinengineering.com
Should you require any further information please do not hesitate to contact the undersigned
on 1300 136 036.
Yours sincerely,
Inspector Name: Adam McMonigal

Solutions in Engineering
NEW SOUTH WALES QUEENSLAND VICTORIA

Level 5, 115 Pitt St Sydney 2000 18 Park Rd Milton 4064 Level 1, 1 Queens Rd Melbourne 3004
PO Box A72 Sydney South NSW 1235 PO Box 1584 Milton 4064 GPO Box 3025 Melbourne 3001
12 June 2018 5 Pyrmont Bridge Road / Strata Plan 87638 Ref. No.: 1970634 V2
INSURANCE VALUATION SUMMARY
PROPERTY ADDRESS 5 Pyrmont Bridge Road

Camperdown NSW 2050
BRIEF DESCRIPTION OF The subject property is developed as a unit complex that

BUILDING comprises a total of one hundred and thirty three
individual self contained units with car accommodation.
CLIENT 5 Pyrmont Bridge Road Owners Corporation
INSTRUCTIONS FROM To provide an opinion of the replacement value of the

CLIENT buildings and other improvements contained in 5
Pyrmont Bridge Road for insurance purposes.
CONTACT(S) Simon Scott
INSPECTION DETAILS Onsite consultation was requested and the inspector did
meet on site to inspect an indicative unit as part of the
valuation. This assessment is based on the internal and
external common property area observations, as well as
the indicative internal unit inspected, taking into account
additional information obtained through measurements
supplied by the drawings / plans.
VALUATION The Replacement Value for Insurance Purposes of the

buildings and other improvements of 5 Pyrmont Bridge
Road is assessed at $55,790,000 (Fifty Five Million
Seven Hundred Ninety Thousand Dollars)
© Solutions in Engineering | Ph 1300 136 036 Page 3

INSURANCE VALUATION REPORT
REPLACEMENT VALUE Replacement Value has been calculated by use of the

CALCULATION BASIS following methodology:
• Re-building costs at date of Valuation
• Removal of debris
• Professional fees including council fees
• An allowance for GST
• An allowance for cost escalation during the planning,
tendering, construction and fitout stages
• An allowance for cost escalation for the lapse time
between insurance renewal date and the occurrence
of the event leading to the claim.
This assessment does NOT include:

• Loss of revenue between date of building loss and re-
instatement
• Costs associated with leasing alternate premises
• Removal and / or upset expenses
PROPERTY ADDRESS 5 Pyrmont Bridge Road

Camperdown NSW 2050
PROPERTY The property is contained in Owners Corporation 87638

DESCRIPTION
LOCALITY • The subject property is located at approximately 3

kilometres west of Sydney's CBD.
• Surrounding properties include commercial and
retail premises, freestanding single residential
dwellings, townhouses and medium density unit
developments.
OUTLINE OF COMPLEX Externally the building is constructed of brick block work

concrete render with reinforced concrete slab floor and sheet-
metal and concrete roof.
The improvements appear to remain in basically good

structural condition and the complex has a generally good
standard of presentation.
INFRASTRUCTURE • Site improvements include common sealed

IMPROVEMENTS driveway, barbeque area, common areas, lifts,
perimeter fencing and landscaping.
CATASTROPHE COST Costs that may arise due to an event or happening which is
generally considered as being beyond normal control of
building costs for reconstruction. An example is lightning,
flood, cyclone or other natural event. On the rare occasion
that these events occur, some building costs may rise due to
lack of: materials, skilled tradespersons, excessive building

applications lodged with Local Government, contamination of

the site, access to the site, claims, processing and approval
of insurance claims, time lost due to removal of debris.

VALUATION
Subject to the detail contained under the previous heading “Replacement Value”, the
Insurance Value has been calculated as follows:
BUILDINGS / IMPROVEMENTS $40,045,725

REPLACEMENT COST
ESCALATION PERIOD
Planning 6 Months
Tendering 6 Months
Construction & Fit Out 30 Months
Total 42 Months - At 6% finance rate over the
period $2,402,740
Progressive Subtotal $42,448,465
PROFESSIONAL FEES $4,669,330

REMOVAL OF DEBRIS $2,122,420

COST ESCALATION $1,477,206

ADOPTION AMOUNT (GST exclusive) $50,718,000
CATASTROPHE COST (GST exclusive) $65,933,000

If additional insurance cover is required in
respect of potential costs which may be
incurred following the occurrence of
catastrophic circumstances the sum insured
could be increased to
ADOPTION AMOUNT (GST inclusive) $55,790,000
CATASTROPHE COST (GST inclusive) $72,527,000

QUALIFICATIONS
* This report is not to be construed as a structural survey of the improvements.
* This report is for Insurance purposes and is not an assessment of the market value of
the property.
* Neither the whole nor any part of this report may be included in any published
document, nor may it be published in part or in full in any way without the written
consent of the Solutions in Engineering.
* This report does not carry the right of publication.
* It is recommended that periodic cost reviews be made in terms of inflation, the cost
effect of new legislation pertinent to the complex and any other relevant issues that
could affect the insurance value.
* Note: All additions by way of either structural or ground improvements over and above
the original approvals are the responsibility of the individual owner and should be
insured by them. External improvements that are observed during the inspection from
accessible Common Property areas are however included.
* This report is prepared on the assumption that, when ordering the Services, the
customer did also notify us of any other relevant information which might affect the
valuation. Solutions in Engineering will not be held liable for an inaccurate valuation
where the customer has failed to do provide the relevant information.
* This report may only be provided by the client to bona fide third party insurers.
o “Bona fide third party insurers” means insurance companies (including brokers)
with a privacy policy which adequately protects the information from access by
other third parties.
* All services provided by Solutions in Engineering are supplied on the basis of
‘Supply Terms and Conditions’ which are available from our office and from our
website www.solutionsinengineering.com
Inspector Name: Adam McMonigal

Certified Practising Valuer
3007 / VAL011771
12 June 2018

Renewal Building Insurance Request

To be e-mailed or faxed to your insurance provider
(Optional to complete if faxing)
Faxed to: Sent date: Total no. of pages:
5 Pyrmont Bridge Road Camperdown NSW 2050
Strata Plan: 87638
From: Contact details:
Sum to be Insured:
Type of Building ☒ Residential Strata  Mixed Use  Retail

 Shopping Centre  Light Industrial  Offices
% of Commercial Lots 0% Year Built? 2014
How many Units? 133 If Refurbished, provide Year
No. of Stories 7 No. of Lifts 5
Heritage Listed? NO Percentage of holiday let 0%
Car Stackers? NO
Aluminium Cladding? NO
External Walls ☒ Other Specify details: Brick Block Work Concrete Render
Internal Walls ☒ Other Specify details: Brick Render

Plasterboard
Floors ☒ Concrete
Roof ☒ Other Specify details: Concrete Sheet-metal
Product Type ☒Residential
Recreational Facilities
 Swimming Pool  Spa  Gym  Sauna
 Boardwalk  Pontoon / Marina  Lake / Pond  Tennis Court
 Playground ☒ Other / Specify details: Barbeque Pergola
Fire Protection
 Dual Supply Sprinklers ☒ Single Supply Sprinklers ☒ Fire Hoses ☒ Fire Alarms
☒ Extinguishers  Other / Specify details:

DRAFT
Minutes of
Annual General Meeting

To The Owners of – Plan No. 87368
5 PYRMONT BRIDGE ROAD, CAMPERDOWN, NSW, 2050
Meeting Date: 3 April 2024

Time: 06:30 PM
Address: Rydges Camperdown, 9 Missenden Rd, CAMPERDOWN, NSW, 2050
Present: Mark Sanchez-Ortega (Lot 6)
Penelope Spiers (Lot 15)
Varun Kulkarni & Ayachi Johrie (Lot 25)
Yoko Kaitani (Lot 26)
Alan Cadogan (Lot 30)
Natasha D'Silva & Mayank Prasad (Lot 36)
Gregory & Denise Tilley (Lot 49)
James Glanville (Lot 52)
Mario Merlo (Lot 77)
Damian Henry (Lot 87)
C Kenward & D Lobsey (Lot 105)
Nathan Lim & Claire Billaud (Lot 106)
Gregory & Julie Muir (Lot 129)
By proxy: Anita Maria Oates (Lot 7 and 136 ) to Julie Muir
Mite & V Domazetovski (Lot 134) to Julie Muir
In attendance: Louise Wellman - Bright & Duggan
Jonathan Steel – Sydney Building Management
Chairperson: Louise Wellman
Apologies: N/A
Quorum: After waiting half an hour, the Chairperson declared the meeting
open.
customercare@bright-duggan.com.au
https://bright-duggan.com.au/
PO Box 281,NSW 1585
P: (02)99027100
ABN 32 001 554 650
Motions
1. Minutes
Resolved that the owners corporation confirm the minutes of the last general meeting, held on 13th
of September 2023, as a true and accurate record of the proceedings of that meeting.
2. Financial Statements
Resolved that the owners corporation adopt the audited statements of key financial information, for
the financial year ending on 31st of August 2023, for the administrative fund, the capital works fund
and any other fund held by the strata scheme.
3. Financial Audit
Resolved that the owners corporation audit the financial statements for the financial year ending on
31st of August 2024.
4. Administrative & Capital Works Funds Estimates
Resolved that the owners corporation estimates that, for the financial year period from 1st of
September 2023 to 31st of August 2024, it will need to credit to its administrative fund and capital
works fund the amounts set out in the budget, and resolves that the following amounts to be levied
as a contribution:
Administrative Fund: $550,000.00 GST Inclusive

Capital Works Fund: $130,000.00 GST Inclusive
It was noted, that the strata committee and strata manager are reviewing the line items in the budget and the
owners corporation provided consent to the strata committee to revise this as required.
5. Levy Contributions
Resolved that the owners corporation contributions are to be payable in regular periodic
instalments, due on and specified as follows, and continue on the same periodic instalments, based
on the interim quarterly period and contributions, in accordance with the same budget and estimates
approved at this meeting, until the next annual general meeting:
Levy Period Period Admin Capital Works

Due
Status From To Fund Fund
30/11/202
Already Issued 1/09/2023 1/09/2023 $128,581.75 $35,750.00
3
29/02/202
Already Issued 1/12/2023 1/12/2023 $128,581.75 $35,750.00
4
31/05/202
Already Issued 1/03/2024 1/03/2024 $128,581.75 $35,750.00
4
31/08/202
Already Issued 1/06/2024 1/06/2024 $137,500.00 $35,750.00
4
© Bright & Duggan Pty Ltd – Minutes of Annual General Meeting on 3 April 2024
31/08/202
Total 1/09/2023 $550,000.00 $143,000.00
4
Interim Periods
Levy Period Period Admin Capital Works
Due
Status From To Fund Fund
30/11/202
To be Issued 1/09/2024 1/09/2024 $137,500.00 $35,750.00
4
30/11/202
Total 1/09/2024 $137,500.00 $35,750.00
4
6. Recovery of Contributions
Resolved that the owners corporation, in accordance with the provisions of the Strata Schemes
Management Act 2015 (NSW), including Section 103, for the purpose of recovery of unpaid
contributions, to authorise and instruct the managing agent and/or the strata committee to do any
one or more of the following:
1. issue arrears notices, reminder notices and/or letters to seek recovery of unpaid contributions
and the recovery of other debts, including penalties, interest, legal and other costs/expenses,
and arrange and monitor payment plans;
2. engage or appoint the services of a debt collection agency, obtain legal advice and/or retain
legal representation and/or experts on behalf of the owners corporation;
3. issue demands, 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 unpaid contributions and the recovery of
other debts, including penalties, interest, legal and other costs/expenses;
4. enter and enforce any judgment obtained in the collection of unpaid contributions, including
issuing writ for levy of property (personal and real property), garnishee orders, examination
notices/orders/hearings, bankruptcy notices, statutory demands, and commencing and
maintaining the bankruptcy proceedings or winding up proceedings;
5. filing an appeal or defending an appeal against any judgment concerning the collection of
unpaid contributions; and
6. liaise, instruct and prepare all matters with the owners corporation’s debt collection agents,
lawyers and experts in relation to any contributions recovery proceedings.
7. Payment Plans
Resolved that the owners corporation agree to enter into payment plans for matters involving
arrears of unpaid contributions or other amounts, including interest, legal and other costs/expenses
thereon, and delegates to the managing agent and/or strata committee authority to enter into,
arrange and monitor each such payment plan, limited to a period of 12 months per plan, with any
further or subsequent payment plan to be entered into as agreed by the owners corporation or strata
committee by resolution.
8. Capital Works Fund Plan - Review & Implement
Defeated that the owners corporation delegate to the strata committee to review the existing 10-
year capital works fund plan, prepared by Solutions In Engineering, dated 3rd of August 2015, and
implement it as part of the approved budget for the financial year ending on 31st of August 2024.
9. Capital Works Fund Plan - Revise or Replace
Resolved that the owners corporation revise or replace the 10-year capital works fund plan, for
commencement from 1st of September 2024, and:
1. obtain quotations from suitably qualified consultants to prepare a 5-year review or a 10-year
replacement of the capital works fund plan;
2. delegate to the strata committee to consider the quotations and engage a consultant;
3. delegate to the strata committee to appoint a liaison to meet with the consultant; and
4. delegate to the strata committee authority to instruct the managing agent any functions,
pursuant to the strata management agency agreement (additional services schedule where
applicable), to undertake any of the above.
Strata Managing agent to obtain quotations for the Capital Work Fund Forecast and send to the strata
committee for approval to proceed.
10. Acknowledgements
Resolved that the owners corporation acknowledges:
1. in accordance with Section 9(d) of Schedule 1, the particulars of each insurance policy of the
owners corporation expiring on 14th of October 2024, as detailed in the certificate of currency
attached to the notice of this meeting, and the managing agent delegated to renew the
insurances taken out by the owners corporation.
2. in accordance with Section 60, the statement for commissions and training services provided
to or paid for the agent in connection with the exercise by the agent of functions for the strata
scheme:
Commissions
$ 8405.41 in commissions received in the last 12 months; and
$ 8500 in commissions is expected to be received in the next 12 months.
Training
$ 0.00 in training services received in the last 12 months; and
$ 0.00 in training services is expected to be received in the next 12 months.
3. the annual fire safety statement, dated 14th of July 2024, attached to the notice of this
meeting.
4. in accordance with Section 33, the appointment of (enter name), resident of lot
(enter number), as the tenant representative for the strata committee, duly elected
at the meeting held on (enter date).
11. Insurance - Valuation
Defeated that the owners corporation carry out a building valuation for insurance purposes, noting
the previous valuation from Solutions In Engineering was prepared on 18th of May 2018, and
delegates to the managing agent authority to adjust the sum insured in accordance with a new
valuation.
12. Insurance - Other
Resolved that the owners corporation take out of insurance of the kind referred to in Section
165(2), if insurance of that kind has not already been taken out, and delegates to the strata
committee to determine and take out the insurance.
13. Annual Fire Safety Statement - Next Statement Arrangements
Resolved that the owners corporation:
1. engage a suitably competent fire safety practitioner to assess each essential fire safety
measure specified in the statement and submit a corrective actions report;
2. delegate to the building manager an/or strata committee to determine and resolve the
corrective actions (if any), engage a suitably qualified contractor to complete any works and
to prepare and sign the statement;
3. lodge the statement with the local Council and Fire Commissioner;
4. delegate to the strata committee authority to instruct the managing agent any functions,
pursuant to the strata management agency agreement (additional services schedule where
applicable), to undertake any of the above; and
5. instruct the managing agent, acting in the capacity as agent for the owners corporation, to
sign the annual fire safety statement, based on certification provided by a competent fire
safety practitioner engaged by the owners corporation.
14. Utility Supply Agreements
Resolved that the owners corporation resolves to consider any agreements for the supply of
electricity, gas or any other utility relevant to the scheme, at the time of the agreement renewal, and
delegates to the strata committee authority to:
1. engage a suitably qualified broker or consultant as may be reasonably required;

2. provide any utility bills and specific usage data for the purpose of obtaining competitive
pricing;
3. enter into utility supply agreements on behalf of the owners corporation; and
4. instruct the managing agent any functions, pursuant to the strata management agency
agreement (additional services schedule where applicable), to undertake any of the above.
The strata manager noted that the electricity contract has recently ended and is waiting a
15. Strata Hub
Resolved that the owners corporation to:
1. provide all mandatory information and documents relating to the Office of Fair Trading “Strata
Hub”;
2. pay $3.00 per lot annual administration fee to the Office of Fair Trading (or such other
amount as determined by the Regulation from time to time); and
3. instruct the managing agent any functions, pursuant to the strata management agency
agreement (additional services schedule where applicable), to undertake any of the above.
16. Functions of the Strata Committee
Resolved that the owners' corporation resolves that a limitation of expenditure of up to 10% above
the administration fund and capital works fund budget can be approved by the strata committee,
above this 10% the Owners Corporation must approve the expenditure.
17. Limitation on Spending by a Large Strata Scheme
Resolved that the owners corporation resolves to generally remove the limitation on spending
imposed by Section 102(2).
18. Election of the Strata Committee
Resolved that the Owners Corporation elect the Strata Committee as follows:
1. the Chairperson is to announce the names of candidates nominated in writing and eligible for
election to the Strata Committee, as per the following;
A Oates Lot 7
2. the Chairperson is to call for any oral nominations of candidates eligible for election to the
Strata Committee, as per the following:
A Cadogan Lot 30
J Glanville Lot 52
M Merlo Lot 77
J Muir Lot 129
3. the Owners Corporation determined the number of Strata Committee members be set at 5
and elect the members.
A Oates Lot 7
A Cadogan Lot 30
J Glanville Lot 52
M Merlo Lot 77
J Muir Lot 129
19. Renewal of the Strata Management Agency Agreement
Deferred that the owners corporation:
1. renew the strata management agency agreement with Bright & Duggan Pty Ltd as its
managing agent, for a period of 36 months, commencing on 3rd April 2024, and delegate
functions to it on the terms and conditions as set out in the agreement; and
2. authorise 2 owners or members of the strata committee to execute and affix the common seal
to the agreement.
It was noted and Resolved that the strata committee have been revising some of the clauses in the
strata agency agreement and discussing alternate wording with the strata manager. Once the
amendments have been finalised, an online extraordinary general meeting will be held.
20. Special Levy Contribution - Building Cladding
Amenda and Resolved that the owners corporation determine a contribution to the administrative
fund/capital works fund in accordance with Section 81 (4) of the Strata Schemes Management Act
2015 (NSW) for Replacement of Building Cladding in the amount of $1,800,000.00 (GST inclusive)
and that they it be due and payable in advance on:
1st of May 2024;

1st of August 2024;
1st of November 2024;
1st of February 2025;
1st of May 2025;
1st of August 2025;
1st of November 2025;
1st of February 2026;
1st of May 2026;
1st August 2026;
1st November 2026; and
1st February 2027.
There being no further business the meeting closed at 07:20 PM.
Bright & Duggan Pty Ltd

Managing Agents for Plan No. 87368
Minutes of
Strata Committee Meeting

Meeting Date: 4 April 2024

Time: 7:15 PM
Address: 9 Missenden Rd, CAMPERDOWN, NSW, 2050
Present: Alan Cadogan (Lot 30)
James Glanville (Lot 52)
Mario Merlo (Lot 77)
Julie Muir (Lot 129)
Jonathan Steel – Sydney Building Management
Apologies: A Oates (Lot 7)
Quorum: Yes, 50% or more of strata committee members in attendance
1. Election of the Chairperson
Resolved that the Strata Committee, in accordance with Strata Schemes Management Act 2015
(NSW) elects a chairperson to preside at this meeting.
2. Minutes
Resolved that the minutes of the last Strata Committee meeting held on 4th of December 2023 be
adopted as a true and accurate record of the proceedings of that meeting.
3. Election of Officers
Resolved that the Strata Committee, in accordance with Regulation 11, resolves to elect the
following:
M Merlo as Chairperson
J Muir as Secretary
J Glanville as Treasurer
4. Compliance with Strata Hub Requirements
Resolved the Strata Committee authorize the Strata Manager to comply with the owners corporation
obligations under Part 7 Division 2 of the Strata Schemes Management Regulation 2016 by inputting
the mandatory information into the NSW Strata Hub, this year and on an ongoing basis and to
charge in accordance with the terms of its agency agreement including charging the disbursements
of $3 per lot specified under the relevant legislation.
5. Other Business
Resolved that the Strata Committee discuss the following further items of business that attendees
wish to raise at the meeting and resolve how those will be dealt with at a later meeting (noting that
depending on the nature of the item, it may not be able to be resolved at the meeting).
Ceerose has completed the water testing inspections in each unit and will provide to the report to the
Owners Corporation in a few weeks. The building manager will provide CMS Consultants with the
documentation requested, once they have had time to review all documentation a meeting with the
strata committee, CMS, Ceerose will be set.
It was requested that all owners and residents cooperate in providing access at the time in
which the remediation works take place. Communication and instruction regarding access
will be provided to all residents with as much time as possible.

Minutes of
Extraordinary General Meeting

Meeting Date: 13 September 2023

Time: 06:00 PM
Address: Rydges Hotel Camperdown, 9 Missenden Rd, CAMPERDOWN, NSW,
2050
Present: Y Vassiliev &E Vassilieva (Lot 3) Present by Proxy
M Sanchez-Ortega (Lot 6) Owner present
A Oates (Lot 7) Owner present
P Spiers (Lot 15) Owner present
V Kulkarni & A Johrie (Lot 25) Owner present
Y Kaitani (Lot 26) Owner present
A Cadogan (Lot 30) Owner present
G & D Tilley (Lot 49) Owner present
J & J Glanville (Lot 52) Owner present
I Robinson (Lot 54) Owner present
A Manfield & D Schumacher (Lot 74) Owner present
M Merlo (Lot 77) Owner present
L LI (Lot 98) Owner present
N Lim (Lot 106) Owner present
Y Liao (Lot 119) Owner present
G & J Muir (Lot 129) Owner present
A Oates (Lot 136) Owner present
By proxy: Y Vassiliev & E Vassilieva (Lot 3) proxy to J Muir
Colin Cunio – Strata Specialist Lawyers
PO Box 281,NSW 1585
P: (02)99027100
ABN 32 001 554 650
Apologies: N/A
Quorum: Quorum was not achieved, as such waited half an hour and with the
consent of the chairmen the meeting commenced at 6:45 pm.
© Bright & Duggan Pty Ltd – Minutes of Extraordinary General Meeting on 13 September
2023
Motions
1. Minutes
Resolved that the Owners Corporation resolves to confirm the minutes of the last general meeting, held on
29th of November 2022, as a true and accurate record of the proceedings of that meeting.
In the previous minutes dated 29th November 2022 Lot 36 was included as being in attendance at that
meeting, it is noted that Lot 36 did not attend that meeting.
2. Internal Painting
The owners corporation amended and specially resolved to paint the foyers and basement lift areas as per
the previously attached colour scheme, with the amendment of the colour Lexicon 1/4 was chosen as the
white for hallways and doors. Acrylic Gloss will be used on all doors and architraves.
Two owners have requested a review of colours in their buildings. They were directed to contact the Strata
Manager, who will then refer them to the strata committee.
3. Authority for Local Court Criminal Proceedings

THAT the Owners Corporation resolved to authorise strata committee member Mark Stephan Sanchez-
Ortega to represent the Owners Corporation in relation to Local Court proceedings FIRE/2021/45
commenced by the City of Sydney Council against Owners Corporation. Such authorisation includes not only
appearing for the Owners Corporation in Court, but also entering a guilty plea on behalf of the owners
corporation, and communicating with the Court and Council in relation to the matter and any settlement of
the matter.
4. Settlement Deed including Cladding

THAT the Owners Corporation resolved to:
(a) Enter into the deed of settlement between the Owners Corporation and the builder, a copy of which is
attached to the notice of this meeting and authorises and directs the managing agent to execute the deed
and do all other things necessary to give effect to the terms of the deed.
(b) Enter into the construction contract between the Owners Corporation, and the builder, a copy of which
is attached to the notice of this meeting, in relation to the replacement of all to combustible cladding in the
scheme and authorises and directs the managing agent to execute the deed and do all other things
necessary to give effect to the terms of the deed.
(c) Authorise the managing agent and at least two strata committee member to provide instructions to the
lawyer for the Owners Corporation to amend the deed of settlement and/ or the construction contract prior
to execution provided it is recommended by the lawyer for the Owners Corporation and the amendment is
not materially significant (except for the recently advised fire damper defects for which amendments can be
made if the defect is accepted by the builder).
(d) Direct the lawyer for the Owners Corporation to sign consent orders dismissing the Supreme Court
proceedings against the builder and developer, following execution of the deed of settlement, and to further
direct the lawyer to attend to the filing of the consent orders disposing of the Supreme Court proceedings.
Note: The treasurer addressed the meeting to advise of the financial status of the complex, and the money to
be raised for the cladding payment to Ceerose and current building works. It was noted that the money
currently held in the capital works fund would contribute to these payments, as well as a special levy of
$1,800,000.00 being raised, which will ensure all work which has been committed to will be undertaken.
2023
5. Settlement Deed not including Cladding
Motion was ruled Out of Order: The motion, if carried, would conflict with another motion already voted on
at the meeting
THAT the Owners Corporation RESOLVES to:

(a) Enter into the deed of settlement between the Owners Corporation and the builder, a copy of which is
attached to the notice of this meeting, but on the basis that all references to the combustible cladding
defects are to be removed as well as reference to the Supreme Court proceedings to be dismissed, and
authorises and directs the managing agent to execute the deed and do all other things necessary to give
effect to the terms of the deed.
(b) Authorise the managing agent and at least two strata committee member to provide instructions to the
lawyer for the Owners Corporation to amend the deed of settlement prior to execution provided it is
recommended by the lawyer for the Owners Corporation and the amendment is not materially significant
(except for the recently advised fire damper defects for which amendments can be made if the defect is
accepted by the builder).
(c) Proceed with the prosecution of the combustible cladding defects in the Supreme Court proceedings
against the builder of the scheme and the developer and withdraw the balance.
(d) Accept the costs agreement and disclosure of Strata Specialist Lawyers dated 17 August 2023, a copy
of which is attached to the notice of this meeting, and authorises {INSERT NAME OF PERSON AUTHORISED
TO GIVE US INSTRUCTIONS} (and) {OPTIONAL: INSERT ADDITIONAL PERSON} to provide instructions to Strata
Specialist Lawyers, including but not limited to the engagement of experts and counsel and to entertain any
reasonable settlement offer from the builder and/or developer.
6. No Settlement - Proceed with Litigation

Motion was ruled Out of Order: The motion, if carried, would conflict with another motion already voted on
at the meeting
THAT the Owners Corporation RESOLVES to

(a) Proceed with the prosecution of the entirety of the Supreme Court proceedings against the builder of
the scheme and the developer.
(b) Accept the costs agreement and disclosure of Strata Specialist Lawyers dated 17 August 2023, a copy
of which is attached to the notice of this meeting, and authorises {INSERT NAME OF PERSON AUTHORISED
TO GIVE US INSTRUCTIONS} (and) {OPTIONAL: INSERT ADDITIONAL PERSON} to provide instructions to Strata
Specialist Lawyers, including but not limited to the engagement of experts and counsel and to entertain any
reasonable settlement offer from the builder and/or developer.

2023
Notice of
Extraordinary General Meeting
The Owners of – Strata Plan No. 87368
Strata Manager: Louise Wellman
Meeting Date: 13 September 2023
Time: 06:00 PM
Meeting Location: Rydges Hotel Camperdown, 9 Missenden Rd, CAMPERDOWN, NSW,

2050
© Bright & Duggan Pty Ltd – Notice of Extraordinary General Meeting on 13 September
2023
Important Notes
Voting at this meeting is conducted in accordance with the provisions of Regulations 14 and 15 of the Strata Schemes
Management Regulation 2016, at which meeting a pre-meeting electronic voting may be conducted. Matters may be
determined partly (motions may be amended). Owners or their nominees are not required to attend the meeting and may
submit a Voting Form forming part of the notice of this meeting. If you are submitting a Voting Form, you must: a) vote in
accordance with the Instructions contained on the Voting Form, and b) submit the Voting Form at least 24 hours prior to
commencement of the meeting.
All of the relevant documents for this meeting can be easily accessed on the StrataMax Portal via your link through the
Bright & Duggan website at www.bright-duggan.com.au
PO Box 281,NSW 1585
P: (02)99027100
ABN 32 001 554 650
Page | 2
Pre-Meeting Voting
Postal Voting:
Alternatively, you may submit your votes by returning the voting paper at the end of this notice along with the
declaration form. Please see below methods:
Meeting Date 13 September 2023
06:00 PM
Meeting Time
Postal Method Att: The Secretary - 87368
C/- Bright & Duggan Pty Ltd
PO Box 281, CROWS NEST NSW 1585
Email Method Att: Bright & Duggan

PO Box 281,NSW 1585
P: (02)99027100
ABN 32 001 554 650
Page | 3
Attendance & Meeting Procedures
 Recording of persons in attendance
 Validation and recording of proxies
 Determination of quorum
 Chairperson of the meeting
 Commencement time
Reference to a section is reference to a section in the Strata Schemes Management Act 2015 (NSW) & reference to a regulation is
reference to a regulation in the Strata Schemes Management Regulation 2016 (NSW), unless otherwise stated.
Quorum at the meeting, after the pre-meeting electronic voting

A quorum is present at a meeting immediately following takes place, and that consequently the pre-meeting vote
where not less than 25% of persons entitled to vote being may have no effect.
present, either in person or by proxy. If no quorum is present
within 30 minutes after the scheduled time for the meeting
commencement, the chairperson may either adjourn the Proxies
meeting for 7 calendar days or declare that the persons If an owner with voting rights is unable to attend the
present (either in person or by duly authorised proxy and meeting, they may appoint a proxy to vote on their behalf.
entitled to vote) constitute a quorum. Owners, tenants and In the case of joint ownership, all owners must sign the
proxy holders require registering attendance with the proxy form, and in the case of ownership by a corporation,
chairperson. To ensure the meeting commences on time, the company nominee must sign the proxy form. The
please arrive 10-15 minutes prior to the scheduled time for proxy form must provide instructions on whether the
the meeting to register your attendance. person appointing the proxy intends for the proxy to be
able to vote on all matters and if not, the matters on
which the proxy is permitted to vote. Please note that
Chairperson proxies do not remain valid indefinitely. In the case of a
The elected Chairperson of the owners corporation would
large strata scheme (in excess of 100 lots and excluding
ordinarily chair this meeting. Pursuant to delegations of the
parking or utility lots), proxy forms must be provided to
strata management agency agreement to Bright & Duggan,
the Secretary 24 hours prior to commencement of the
and with the consent of persons in attendance, it is
meeting. All other proxy forms must be provided to the
customary for the managing agent to chair the meeting.
Secretary either prior to or at commencement of the
meeting. For strata schemes with 20 lots or less, a person
Voting Rights may hold maximum of 1 proxy. For strata schemes with
Each owner has voting rights that may be exercised at a greater than 20 lots, a person may hold proxies to a
meeting of the owners corporation if the owner is shown on number that is equal to not more than 5% of the total
the strata roll, and in the case of a corporation, if the number of lots.
company nominee is shown on the strata roll. In the case of
co-owners, one of the owners may act as proxy on behalf of Resolutions
the other co-owner, or if no proxy is provided, the owner first
Motions declared for ‘special resolution’, not more than
named on the strata roll has voting rights. An owner is not
25% of the values of votes cast against the resolution. The
entitled to vote in person or by proxy if they are un-financial
value of the vote in respect of a lot is equal to the
at the date of notice of the meeting and unless payment has
registered unit entitlements for the lot. Motions declared
been received before the meeting of all contributions levied
for ‘unanimous resolution’, no vote may be cast against
on the owner, and any other amounts recoverable from the
the resolution.
owner, in relation to the lot.
A motion or election that is not required to be approved
by ‘special resolution’ or ‘unanimous resolution’ is passed
Motions where Pre-meeting Voting is Permitted by a simple majority of votes cast for or against the
Owners, proxy holders, or company nominees voting by way motion, with each person having 1 vote for each lot in
of pre-meeting electronic voting should be aware that the respect of which the person is entitled to vote.
relevant motion may be amended by a further motion
2023
2023
Page | 4
Minutes
Meeting Protocols Owners can register for distribution of notices
Meetings of the owners corporation provides a forum for the electronically. Please contact our Customer Care
owners with opportunity to discuss, contribute and Department for further assistance on (02) 9902 7100 or
participate in the decision-making process concerning all email customercare@bright-duggan.com.au.
facets of the common property within the strata scheme.
Bright & Duggan strongly encourages participation of all Distribution of minutes of general meetings, in
owners at the meetings and recommends the following accordance with schedule 1 of the Strata Schemes
meeting protocols for efficient and effective meeting: Management Act 2015 (NSW), will proceed in the
following manner: a) by giving each member of the strata
 Be prompt. Allow sufficient time to register your committee a copy, b) by giving each owner a copy, if the
attendance, so the meeting can commence at the strata scheme is not a large strata scheme, and c) by
scheduled time. giving an owner a copy, if the strata scheme is a large
 Turn mobile phones and any other electronic strata scheme and the owner requests a copy within the
devices to silent. period of 14 days.
 Address the meeting via the Chairperson only and at
their permission. The Chairperson is responsible for
ensuring all attendees have an opportunity to
address the meeting and that the voting process is
accurate.
 Be respectful of others addressing the meeting, by
not participating in ‘side conversations’.
 Matters not included on the agenda notice are not
permitted to be discussed or resolved at the
meeting. This is in recognition of a failure to provide
notice to other interested owners.
 Your decisions should be made for the collective
good of the owners corporation, rather than for self-
interest.
2023
Page | 5
2023
Page | 6
Motions
1. Minutes
That the Owners Corporation resolves to confirm the minutes of the last general meeting, held on
29th of November 2022, as a true and accurate record of the proceedings of that meeting.
Explanatory Notes:
Section 8(1) of Schedule 1: The minutes of the last general meeting are attached to the notice of this meeting. This motion
confirms accuracy of the minutes and in the event that the minutes are in error, an owner may move that the minutes be
amended
2. Internal Painting
The owners corporation specially resolves to paint the foyers and basement lift areas as per the
attached colour scheme relevant to the noted building.
3. Authority for Local Court Criminal Proceedings

THAT the Owners Corporation RESOLVES to authorise strata committee member Mark Stephan
Sanchez-Ortega to represent the Owners Corporation in relation to Local Court proceedings
FIRE/2021/45 commenced by the City of Sydney Council against Owners Corporation. Such
authorisation includes not only appearing for the Owners Corporation in Court, but also entering a
guilty plea on behalf of the owners corporation, and communicating with the Court and Council in
relation to the matter and any settlement of the matter.
Explanatory Notes:
This is a motion authorising Mark Sanchez to appear for the owners corporation in local court proceedings taken out against
the owners corporation by Council in relation to a fins council issued concerning the combustible cladding in the scheme. The
motion also authorises Mark Sanchez to negotiate any settlement of the matter with council.
4. Settlement Deed including Cladding

(a) Enter into the deed of settlement between the Owners Corporation and the builder, a copy of
which is attached to the notice of this meeting and authorises and directs the managing agent to
execute the deed and do all other things necessary to give effect to the terms of the deed.
(b) Enter into the construction contract between the Owners Corporation, and the builder, a copy
of which is attached to the notice of this meeting, in relation to the replacement of all to combustible
cladding in the scheme and authorises and directs the managing agent to execute the deed and do all
other things necessary to give effect to the terms of the deed.
(c) Authorise the managing agent and at least two strata committee member to provide
instructions to the lawyer for the Owners Corporation to amend the deed of settlement and/ or the
construction contract prior to execution provided it is recommended by the lawyer for the Owners
Corporation and the amendment is not materially significant (except for the recently advised fire
damper defects for which amendments can be made if the defect is accepted by the builder).
(d) Direct the lawyer for the Owners Corporation to sign consent orders dismissing the Supreme
Court proceedings against the builder and developer, following execution of the deed of settlement,
and to further direct the lawyer to attend to the filing of the consent orders disposing of the Supreme
Court proceedings.
Explanatory Notes:
2023
Page | 7
This is a motion for the owners corporation to settle the entirety of the Supreme Court proceedings with the builder by
entering into a deed of settlement, which will provide for the builder to carry out an agreed scope of works. The agreement
will include façade/window leaking defects, which the owners corporation’s expert will investigate and prepare a scope, which
must be performed by the builder at the builder’s cost. The agreement also proposes for the owners corporation to enter into
a construction contract with the builder for the replacement of all combustible cladding at the cost of $1.5 million plus GST.
The final part of the motion is for the owners corporation to direct its lawyer to sign consent orders disposing of the Supreme
Court proceedings. Owners are directed to carefully review the letter of advice provided by the lawyers for the owners
corporation, a copy of which is attached to the notice of this meeting, which should be considered prior to voting on this
motion.
5. Settlement Deed not including Cladding

(a) Enter into the deed of settlement between the Owners Corporation and the builder, a copy of
which is attached to the notice of this meeting, but on the basis that all references to the combustible
cladding defects are to be removed as well as reference to the Supreme Court proceedings to be
dismissed, and authorises and directs the managing agent to execute the deed and do all other things
necessary to give effect to the terms of the deed.
(b) Authorise the managing agent and at least two strata committee member to provide
instructions to the lawyer for the Owners Corporation to amend the deed of settlement prior to
execution provided it is recommended by the lawyer for the Owners Corporation and the amendment
is not materially significant (except for the recently advised fire damper defects for which
amendments can be made if the defect is accepted by the builder).
(c) Proceed with the prosecution of the combustible cladding defects in the Supreme Court
proceedings against the builder of the scheme and the developer and withdraw the balance.
(d) Accept the costs agreement and disclosure of Strata Specialist Lawyers dated 17 August
2023, a copy of which is attached to the notice of this meeting, and authorises {INSERT NAME OF
PERSON AUTHORISED TO GIVE US INSTRUCTIONS} (and) {OPTIONAL: INSERT ADDITIONAL
PERSON} to provide instructions to Strata Specialist Lawyers, including but not limited to the
engagement of experts and counsel and to entertain any reasonable settlement offer from the builder
and/or developer.
.
Explanatory Notes:
This is a motion for the owners corporation to settle the Supreme Court proceedings with the builder by entering into a deed
of settlement, which will provide for the builder to carry out an agreed scope of works. The agreement will include
façade/window leaking defects, which the owners corporation’s expert will investigate and prepare a scope, which must be
performed by the builder at the builder’s cost. The agreement does not include the combustible cladding defects, which the
owners corporation will pursue in the Supreme Court. The motion also proposes to accept a further cost agreement and
disclosure from the lawyers for the owners corporation to take the cladding defects matter to a final hearing and judgement,
with the balance of the claim to be withdrawn.
6. No Settlement - Proceed with Litigation

THAT the Owners Corporation RESOLVES to
(a) Proceed with the prosecution of the entirety of the Supreme Court proceedings against the
builder of the scheme and the developer.
(b) Accept the costs agreement and disclosure of Strata Specialist Lawyers dated 17 August
2023, a copy of which is attached to the notice of this meeting, and authorises {INSERT NAME OF
PERSON AUTHORISED TO GIVE US INSTRUCTIONS} (and) {OPTIONAL: INSERT ADDITIONAL
PERSON} to provide instructions to Strata Specialist Lawyers, including but not limited to the
engagement of experts and counsel and to entertain any reasonable settlement offer from the builder
and/or developer.
Explanatory Notes:
This is a motion for the owners corporation to proceed with the current building, defect claim in the Supreme Court against
the builder and developer seeking a monetary judgement representing the cost of rectifying the identified defects. The motion
also proposes to accept a further cost agreement and disclosure from the lawyers for the owners corporation to take this
matter to a final hearing and judgement.
2023
Page | 8
Date of Notice: 29 August 2023
Managing agents for Plan No. 87368
2023
Page | 9
Wednesday, 21 December, 2022
The Owner
SP – 87638
DNA
SP – 87638, DNA, 5 PYRMONT BRIDGE ROAD, CAMPERDOWN

MINUTES OF THE ANNUAL GENERAL AND STRATA COMMITTEE MEETING
Dear Owner,
As the managing agents for your strata scheme, we write to all Owners and attach a copy of
the Minutes for the recently held Annual General and Strata Committee Meetings.
We confirm the meetings went ahead as scheduled on Tuesday, 29 November, 2022.
We further confirm that all the major agenda items are in the process of being attended to.
We confirm that the next Strata Committee Meeting is scheduled for Wednesday, 8 March,
2023 and as an Owner, you will be invited closer to the date to attend should you wish.
Should you have any questions or queries, please do not hesitate to contact myself on either
(02) 8203 3111 or peter.domazetovski@bright-duggan.com.au.
Yours Faithfully,
CHANGE STRATA MANAGEMENT
Peter Domazetovski
Branch Manager
MINUTES OF AN ANNUAL GENERAL MEETING
THE OWNERS – STRATA PLAN NO. 87368
ADDRESS OF THE STRATA SCHEME: DNA

5 PYRMONT BRIDGE ROAD, CAMPERDOWN
DATE, PLACE &

TIME OF MEETING: An Annual General Meeting of The Owners – Strata Plan No.
87368 was held on Tuesday, 29 November, 2022 at the Rydges
Camperdown, 9 Missenden Road, Camperdown. The meeting
commenced at 5:30pm.
PRESENT IN PERSON: M S Sanchez-Ortega (Lot 6), A K Cadogan (Lot 30), F Shen

(Lot 34), N H D’Silva & M Prasad (Lot 36), G & D Tilley (Lot 49),
J S Glanville (Lot 52), I B Robinson (Lot 54), D Kuziow (Lot 57),
M F Merlo (Lot 77), J Li (Lot 101), C P Kenward (Lot 105),
G N & J A Muir (Lot 129)
PRESENT BY ZOOM: P E Spiers (Lot 15), D Henry (Lot 87)
PRESENT BY PROXY: A Oates (Lots 7 & 136), R Haggett & A Pavincich (Lot 23) –
Proxies to I B Robinson
IN ATTENDANCE:
P Domazetovski & C Nyman-Amat
(Change Strata Management Pty Limited/
Bright & Duggan Pty Limited)
J Steel (Sydney Building Management Pty Limited)
C Cunio (Strata Specialist Lawyers Limited; By zoom to

7.00pm)
CHAIRPERSON /
SECRETARY (ACTING): P Domazetovski (under delegation of the meeting)
Note – As there was no quorum present following half an hour of the scheduled commencement
time, after putting the matter to the owners present, it was agreed by all present that those
owners present in person and proxy would constitute the quorum for the purposes of the
meeting and was declared as such by the Chairman of the meeting in accordance with Schedule
1, Part 3, Clause 17(4) of the Strata Schemes Management Act, 2015.
The agenda for the meeting was:


1. MINUTES:
1.1 RESOLVED that the minutes of the last general meeting of the Owners
Corporation held on Tuesday, 30 November, 2021 be confirmed as a true and
accurate account of the proceedings of that meeting.
2. INSURANCE:
2.1 RESOLVED that the insurances held by the Owners Corporation, as

summarised below be confirmed:
Insurance Company: QBE Insurance (Aust)

Policy Number: HU0006270
Period of Insurance From: 14 September, 2022
Period of Insurance To: 14 March, 2023
Insured Property (Building): $65,000,000

Loss of Rent/Temp Accommodation: $19,500,000
Insured Property (Common Area Contents): $650,000
Legal Liability: $30,000,000
Voluntary Workers: $200,000/$2,000
Workers Compensation: Not Selected
Office Bearers Legal Liability: $10,000,000
Catastrophe Insurance (Insured Property): $9,750,000

Extended Cover – Rent/Temp Accommodation: $1,462,500
Escalation in Cost of Temp Accommodation: $487,500
Cost of Storage and Evacuation: $487,500
Appeal Expenses
- common property health & safety breaches: $100,000
Legal Defense Expenses: $50,000
Lot Owner’s Fixtures and Improvements (per lot): $250,000
Flood: Selected
Excesses:
- Fire Claim $50,000

- Standard Claim $5,000
- Machinery Breakdown Claim $5,000
- Legal Defence Claim $1,000

Base Premium: $46,239.47

UW Levy: $105.00
Fire/ESL Levy: $6,863.89
GST: $5,320.83
Stamp Duty: $5,257.23
Broker Fee: $7,641.28
Broker Fee GST: $764.13
TOTAL PAID: $72,191.83
2.2 RESOLVED that the Owners Corporation take out the following additional
insurances:
(a) cover for strata committee members against liability for damage to
property, death or bodily injury as provided in section 165(2) of the
Act; and
(b) cover against misappropriation of money or other property of the

Owners Corporation as provided in section 165(2) of that Act.
2.3 RESOLVED that Change Strata Management Pty Limited/Bright & Duggan Pty
Ltd be authorised to seek quotations for the schemes insurance renewal
from appropriate policy providers and forward them to the Strata
Committee for approval.
3. STRATA MANAGING AGENT’S REPORT:
3.1 RESOLVED that Change Strata Management/Bright & Duggan report to the
Owners Corporation as to whether, and what, commissions or training
services have been provided or paid for Change Strata Management/Bright
& Duggan in the last 12 months and are likely to be provided to or paid for
Change Strata Management/Bright & Duggan for the following 12 months.
The following commissions have been provided to Change Strata

Management/Bright & Duggan in the last 12 months in connection with the
exercise of functions for the scheme by Change Strata Management/Bright &
Duggan.

Date of Amount of Identity of Party Purpose of

Commission Commission Who Paid Commission
Commission
30 September, $3,820.64 + GST Collective Works
2022 Insurance Brokers associated with
assisting
insurance
broker with all
the strata plan’s
insurance
related matters.
The following commissions are likely to be provided to the Change Strata

Management/Bright & Duggan for the following 12 months in connection
with the exercise of functions for the scheme by Change Strata
Management/Bright & Duggan.
Anticipated Expected Amount Identity of Party Likely Purpose

Date of of Commission Who is Likely to of Commission
Commission Pay Commission
30 March, 2023 ~$3.8K-$4K + GST Collective Works
Insurance Brokers associated with
assisting
insurance
broker with all
the strata plan’s
insurance
related matters.
The following training services have been provided to or paid for Change
Strata Management/Bright & Duggan in the last 12 months in connection
with the exercise of functions for the scheme by Change Strata
Date of Value or Cost of Identity of Party Purpose of

Training Training Service Who Provided Training Service
Service Training Service
N/A N/A N/A N/A

The following training services are likely to be provided to or paid for Change
Strata Management/Bright & Duggan for the following 12 months in
connection with the exercise of functions for the scheme by Change Strata
Anticipated Expected Value Identity of Party Likely Purpose

Date of or Cost of Who is Likely to of Training
Training Training Service Provide Training Service
Service Service
N/A N/A N/A N/A
4. APPOINTMENT OF AN AUDITOR:
4.1 RESOLVED that Kelly + Partners be appointed as auditor of the Owners

Corporation.
5. 10 YEAR CAPITAL WORKS FUND:
5.1 RESOLVED that the Owners Corporation review the current Capital Works
Fund Plan and, if necessary, revise or replace that Plan; and
5.2 RESOLVED that the Owners Corporation authorise and direct Change Strata
Management/Bright & Duggan to obtain quotations from a suitably qualified
consultant for the purpose of preparing a 10 Year Capital Works Fund,
following settlement of the Defects Claim.
6. FINANCIAL STATEMENTS FOR 2021 – 2022:
6.1 RESOLVED that the attached statements of key financial information for the
administrative fund, the capital works fund and any other fund prepared by
the Owners Corporation and the auditor’s report (if required) be adopted.
7. BUDGET FOR 2022 – 2023:
7.1 AMENDED & RESOLVED that in accordance with section 79(1) and (2) of the
Act, the Owners Corporation estimates that in respect of the period from 1
September, 2022 to 31 August, 2023, it will need to credit to its
administrative and capital works funds for actual and expected
expenditure referred to in those subsections the amounts set out in the
attached budget.

NOTED that the Gardening line item was increased from $11,000 + GST to
$15,000 + GST. As such, the Administrative Fund was increased from
$463,570 + GST to $467,570 + GST.
8. LEVY CONTRIBUTIONS:
8.1 AMENDED & RESOLVED That in accordance with section 81 of the Act, the
Owners Corporation determines that the following amounts are to be
levied, to raise the amounts estimated as needing to be credited to the
administrative and capital works funds:
(a) to the administrative fund, the sum of $467,570 + GST; and
(b) to the capital works fund, the sum of $130,000 + GST.
8.2 AMENDED & RESOLVED that the administrative fund contributions be paid
in installments being:
(a) Installment 1 of $106,472.58 + GST due and payable on 1 September,

2022 (already raised); and
(b) Installment 2 of $106,472.58 + GST due and payable on 1 December,

(c) Installment 3 of $127,312.42 + GST due and payable on 1 March,

2023; and
(d) Installment 4 of $127,312.42 + GST due and payable on 1 June 2023;
(e) Installment 5 of $116,892.50 + GST due and payable on 1 September

2023.
8.3 RESOLVED that the capital works fund contributions be paid in installments
being:



(c) Installment 3 of $33,509.61 + GST due and payable on 1 March, 2023;

and
(d) Installment 4 of $33,509.61 + GST due and payable on 1 June, 2023;

and
(e) Installment 5 of $32,500.00 + GST due and payable on 1 September,

2023.
8.4 RESOLVED that following resolutions 8.2 (e) and 8.3 (e), the administration
fund and capital works fund contributions be continued at quarterly intervals
until further determined.
8.5 RESOLVED that the Treasurer is authorised to levy those contributions by

written notice on each person liable to pay them.
9. RESTRICTION ON SPENDING:
9.1 RESOLVED that the owners corporation remove the limitation in section
102(2) of the Act that prohibits spending an amount on any item or matter
that is greater than the amount specified for the item or matter (plus 10%) in
estimates provided for that item or matter in the budget adopted at the
meeting:
(a) generally
10. DEALING WITH OVERDUE CONTRIBUTIONS:
10.1 NOT RESOLVED that the Owners Corporation deals with overdue
contributions payable to the Owners Corporation as follows:
(a) In respect of any payment plan under section 85 (5) of the Strata
Schemes Management Act 2015 (“Payment Plan”):
(i) The Owners Corporation will in fact enter into any

Payment Plan that it has agreed to enter into in
accordance with that section 85 (5) for the payment of
overdue contributions, either generally or in particular
cases as follows:

- Where a lot is in arrears for an amount of less than

$5,000, and the payment plan provides for repayment
of that outstanding balance, in addition to accruing
liabilities, within 12 months; or
- In the case of a specific lot, on the basis that the

payment plan provides for the repayment of the entire
outstanding balance, in addition to accruing liabilities,
within 12 months.
(ii) While the lot Owner concerned complies with a Payment

Plan, the Owners Corporation will not take action under
section 86 of the Strata Schemes Management Act 2015
to recover such unpaid contributions and interest as are
the subject of that Payment Plan, nor the expenses of the
Owners Corporation incurred in recovering the same.
(iii) However, if the lot Owner concerned ceases to comply

with a Payment Plan, the Owners Corporation will proceed
as set out in 10.2 below in respect of the whole of the
unpaid contributions and interest the subject of that
Payment Plan and the expenses of the Owners
Corporation incurred in recovering the same.
10.2 RESOLVED that in respect of any unpaid contributions and interest which
have remained unpaid for a period of at least 14 days after the date that they
became due and payable, the Owners Corporation authorises Change
Strata Management/Bright & Duggan and the Strata Committee to take all
necessary steps, set out in (a) – (d) below, on its behalf to recover a
contribution, from any person liable to pay a contribution:
(a) the Owners Corporation will first issue a written demand for
immediate payment (“First Demand”).
(b) if those unpaid contributions and interest remain wholly or partly

unpaid in a further 14 days after the issue of the First Demand, the
Owners Corporation will engage solicitors to issue a further demand
for immediate payment of the unpaid amount (“Legal Demand”).

(c) if the unpaid contributions and interest remain unpaid after a further
14 days following the issue of the Legal Demand, the Owners
Corporation will engage solicitors to issue a notice of action in
accordance with section 86 (4) of the Strata Schemes Management
Act 2015 (“Notice of Action”) in respect of the action proposed to be
taken under (d) below.
(d) on the expiry of the required 21 days after the giving of the Notice of
Action the Owners Corporation will commence proceedings against
the lot Owner concerned for the recovery of the unpaid contributions,
interest and the expenses of the Owners Corporation incurred in
recovering the same in the New South Wales Civil and Administrative
Tribunal or the Local Court of New South Wales, subject to and in
accordance with legal advice.
10.3 RESOLVED that where a person is jointly and severally liable for unpaid
contributions and interest under section 84 of the Strata Schemes
Management Act 2015 the Owners Corporation will take steps against that
person in accordance with the remaining provisions of this motion as if that
person was the Owner of the lot referred to.
11. BUILDING DEFECTS & COMBUSTIBLE CLADDING:
11.1 NOTED that M C Cunio of Strata Specialist Lawyers attended the meeting and
provided an update on Supreme Court proceedings against the builder and
developer of the scheme in relation to the rectification of all defects in
relation to leaking windows and leaking facades and all combustible cladding
in the scheme. In addition, Mr Cunio answered questions from the floor in
relation to the defects.
AMENDED & RESOLVED that in relation to the present Supreme Court

proceedings against the builder and developer of the scheme that the
Owners Corporation authorise the Strata Committee or any member
nominated by it to continue to instruct Strata Specialists Lawyers to:
i. Contact the builder to confirm that the cladding offer of approximately

$1.2million is for the total replacement of all cladding and includes
certification of the same.
ii. As per previous delegation the Strata Committee provide instructions
before the February hearing.

11.2 NOTED that in relation to the fine issued by Sydney City Council concerning
the combustible cladding in the scheme, it was AMENDED & RESOLVED that
Mr M Sanchez attend the hearing scheduled for 24 January, 2023 to oppose
the $6,000 fine received and attempt to have the fine revoked and/ or no
further fines imposed. Strata Specialist Lawyers are also to attempt to
recover any issued fines from the builder.
12. ANNUAL FIRE SAFETY STATEMENT:
12.1 RESOLVED that the Owners Corporation:
(a) consider the existing annual fire safety statement (if one is required
for the building) under the Environmental Planning and Assessment
Act 1979;
(b) engage a suitably qualified consultant to prepare, and do all things

reasonably necessary to enable the Owners Corporation obtain, the
next annual fire safety statement (if one is required for the building);
(c) authorise and direct Change Strata Management/Bright & Duggan to

obtain and accept a quotation from, and to appoint, that consultant
for that purpose; and
(d) authorise and direct either Change Strata Management/Bright &

Duggan, the building manager or appropriate consultant to sign and
lodge with the local council, and give a copy to the NSW Fire
Commissioner of, the next annual fire safety statement on behalf of
13. LIFT REGISTRATION:
13.1 RESOLVED that Change Strata Management/Bright & Duggan be authorised

and directed to:
(a) on an annual basis, obtain a quotation from and appoint a suitably

qualified contractor to provide a statement as to whether the lift
equipment and other applicable plant in the building is safe to
operate; and

(b) upon receipt of that statement, sign on behalf of the Owners

Corporation and lodge with WorkCover an application to register or
renew the registration of the lift equipment and other applicable plant
in the building.
14. TRANSFER OF STRATA MANAGING AGENCY AGREEMENT FROM CHANGE STRATA

MANAGEMENT PTY LIMITED TO BRIGHT & DUGGAN PTY LTD:
14.1 RESOLVED that pursuant to clause 7.1 of the Strata Managing Agency
Agreement (‘Agreement’) with Change Strata Management Pty Ltd the
Owners, Strata Plan 87368 consent to the transfer of the Agreement to
Bright & Duggan Pty Ltd to perform the agreed services and additional
services with the fees to be commensurate with the Change Strata
Management Agreement;
14.2 RESOLVED that the owners corporation revoke all the delegations of the
owners corporations powers, authorities, duties, and functions made by it
pursuant to section 49 of the Strata Schemes Management Act, 2015 to
Change Strata Management Pty Limited.
14.3 RESOLVED that the assignment and revocation of powers, authorities,

duties, and functions have effect from 29 November, 2022.
14.4 RESOLVED that pursuant to clauses 7.3 & 7.4 of the Agreement the owners
corporation resolve in accordance with Section 49(2) of the Strata Schemes
Management Act 2015 (NSW) to appoint Bright & Duggan Pty Ltd as strata
managing agent on the terms and conditions set out in the proposed strata
management agreement, and that Bright & Duggan Pty Ltd be delegated:
a. all of the functions of the owners corporation (other than those listed
in Section 52(2)), the functions of the strata committee and the
functions of chairperson, secretary and treasurer necessary to enable
the agent to carry out the agreed services and the additional services if
required;
b. the delegation to the agent is subject to the conditions and limitations

listed in the agreement;
c. the owners corporation is to execute the agreement to give effect to

this appointment and delegation;

d. authority is given to Bright & Duggan to open and operate a bank

account on the owners corporation’s behalf; and
e. authority is given to any two members of the strata committee to affix

the common seal of the owners corporation to the agreement.
15. ELECTRONIC VOTING:
15.1 RESOLVED that the Owners Corporation permit any of the following means
of voting on a matter to be determined by the Owners Corporation at any
subsequent general meeting:
(a) before the meeting at which the matter (not being an election) is to
be determined by the owners corporation – voting by means of email
or any voting website of the Owners Corporation; and
(b) while participating in a meeting from a remote location – voting by

means of teleconference, video-conferencing, email or any voting
website of the Owners Corporation.
16. STRATA COMMITTEE:
18.1 RESOLVED that the Owners Corporation elect the Strata Committee as
follows:
(a) The Chairperson is to announce the names of the candidates

already nominated in writing for election to the Strata Committee.
Nil
(b) The Chairperson is to call for any oral nominations of candidates

eligible for election to the Strata Committee.
Mr M S Sanchez-Ortega (Lot 6)
Ms A M Oates (Lot 7)
Mr G Tilley (Lot 49)
Mr J S Glanville (Lot 52)
Mr D Kuziow (Lot 57)
Mr M F Merlo (Lot 77)
Mr D Henry (Lot 87)
Mrs J A Muir (Lot 129)

(c) The Owners Corporation decide the number of members of the

Strata Committee be Eight (8).
(d) If the number of candidates for election:
(i) is the same as, or fewer than, the number of members the
Strata Committee so decided—those candidates are to be
declared by the Chairperson to be, and are taken to have
been, elected to the Strata Committee.
Mr M F Merlo (Lot 77)
Mr D Henry (Lot 87)
17. RESTRICTIONS ON THE POWERS OF THE STRATA COMMITTEE:
17.1 RESOLVED that the Owners Corporation decided NO OTHER MATTER is to be

determined only by the Strata Committee and not by the Owners
Corporation in a general meeting.
CLOSURE: There being no further business, the Chairperson

declared the meeting closed at 7:50pm.
______________________________ __________________________
Chairperson Date
MINUTES OF A STRATA COMMITTEE MEETING

DATE, PLACE &

TIME OF MEETING: A Strata Committee Meeting of The Owners – Strata Plan No.
87368 was held on Tuesday, 29 November, 2022 at the Rydges
Camperdown, 9 Missenden Road, Camperdown. The meeting
commenced following the Annual General Meeting.
PRESENT: Mr M S Sanchez-Ortega, Mr G Tilley, Mr J S Glanville,

Mrs J A Muir, Mr D Kuziow, Mr M F Merlo
APOLOGIES: Ms A M Oates, Mr D Henry
ATTENDANCE: Mrs D Tilley (Lot 49), Mrs J Glanville (Lot 52), Mr G N Muir
(Lot 129)
Mr P Domazetovski & Ms C Nyman-Amat

(Change Strata Management Pty Limited/
Bright & Duggan Pty Limited)
Mr J Steel (Sydney Building Management Pty Limited)
CHAIRPERSON /
SECRETARY (ACTING): Mr P Domazetovski (under delegation of the meeting)
1. MINUTES:
1.1 RESOLVED that the minutes of the last meeting of the Strata Committee held
on Wednesday, 17 August, 2022 be confirmed as a true and accurate account
of the proceedings of that meeting.
2. APPOINTING OFFICE BEARERS:
2.1 RESOLVED that the Chairperson, Secretary and Treasurer of the Executive
Committee be:
Chairperson: Mr G Tilley
Secretary: Mrs J A Muir
Treasurer: Mr J S Glanville

3. APPOINTING A STRATA MANAGER’S REPRESENTATIVE:
3.1 RESOLVED that Mrs J A Muir of the Strata Committee be appointed and
authorised to communicate with and issue instructions to Change Strata
Management on behalf of the Strata Committee.
4. APPOINTING A BUILDING MANAGER’S REPRESENTATIVE:
4.1 RESOLVED that Mr M S Sanchez-Ortega of the Strata Committee be

appointed and authorised to communicate with and issue instructions to the
Building Manager on behalf of the Strata Committee.
5. OUTSTANDING MATTERS FROM PREVIOUS MEETINGS:
5.1 RESOLVED that the following other matters be reviewed, discussed and an
action resolved by the Strata Committee:
5.1.1 Defects
NOTED that this matter was discussed under motion 11 of the

Annual General Meeting agenda.
5.1.2 Combustible Cladding
NOTED that this matter was discussed under motion 11 of the

5.1.3 Façade Consultants
NOTED that the engagement of Bellmont Engineering as

Façade Consultants was discussed under motion 11 of the
5.1.4 Hydraulic Stormwater
NOTED previously that RHM have been asked to provide

further commentary on the hydraulic stormwater at the
complex as part of the defects claim.

5.1.5 Garage Roof/Drip Tray issue over Visitor Parking
NOTED previously that the problem with falling debris over

visitor parking has been bought to the attention of RHM for
inclusion in their final defects report as part of the defects
claim.
5.1.6 Carpark Clean & Defective Carpark Sealant
NOTED previously that areas of the carpark are to be resealed

under defect rectification works. This will be done in 2-3 stages
and will require all cars to be removed for 1-2 days. RHM have
included in their final report and are to discuss further with
Ceerose.
5.1.7 Water Penetration Damage – 2020
NOTED previously that there was water damage to the air-

conditioning in the Main Control Panel (“MCP”) and fire
cabling in the MCP resulting from the February, 2020 rains.
Ceerose were notified. Rectification costs regarding water
penetration damages to fire, air-conditioning, electrical
equipment for a total cost of $8,373.50. All repairs were
carried out and no further issues have resulted. Strata
Specialist Lawyers have added the repairs to the claim under
the current proceedings. The matter is also referred to in
C15.17 and C15.18 of the RHM report.
5.1.8 Cracks to Garden Walls & Subsequent Re-painting
NOTED previously that the following Project Commercial

Painting Specification was carried out by Dulux for the
Exterior Painting of all Lower Sections i.e. Stage 1.
▪ Rear D block: All Planter box walls, Courtyard walls in

and out Fire Stair exits.
▪ Front D block: All Planter box walls, Courtyard walls in
and out, D1 and D2 Entries.
▪ Rear N: All Planter box walls, Courtyard walls in and out
Fire Stair exits.

▪ Front N block: All Planter box walls, Courtyard walls in

and out N1 Entry
▪ Rear A: All Planter box walls, Courtyard walls in and out,
Fire Stair Exit.
▪ Main walkway: Planter Box walls both sides.
▪ Front Pyrmont Bridge lower sections. Driveway exterior
sections.
▪ Prices include repairs of larger defect render cracks.
NOTED previously that proposals were received based on the

Dulux project specification where it was RESOLVED that the
Dukes proposal for $37,125 (GST inc.) be accepted.
NOTED that 90% of Stage 1 works has been completed.
NOTED that the following variations for additional works have

been approved:
▪ Exterior Entrance ceilings of D1, D2 and N1 Blocks - $800

+ GST
▪ Two extra render repairs and D2 fire exit wall around the
door - $2,050 + GST
NOTED that Stage 2 Exterior Height Painting works have been

deferred until after water penetration defect and cladding
works. Approximate costs of ~$546K has been provided by
RPD.
5.1.9 Timber Decking
NOTED that all units need to follow care and maintenance

instructions regarding their decking. This information was
provided in the handover packs. The decks should be treated
on a regular basis with decking oil (oil base).
NOTED continuously that any defects found need to be

reported, however if they are a result of decks not being
maintained, Ceerose may not cover as a defect.

5.1.10 Window Cleaning
NOTED that Window cleaning is taking place every 6 months,

June and December. The next window clean is scheduled for
14-16 December, 2022. Annual anchor point inspections are
taking place at the same time.
5.1.11 Garden Maintenance
NOTED that the gardens have been heavily stripped back for
painting. Once painting has been fully finished, the garden
beds are to be filled with soil and mulch, and pushed back to
the edges. In addition, the garden beds are to be tidies back
up and additional plants planted where needed. The
ornamental ivy green wall is to be replaced by climbing
Jasmine.
5.1.12 Lifts
NOTED that the next service is scheduled for December, 2022.
NOTED that Lift ‘A’ Lighting is to be changed.
5.1.13 Hot Water Issues
NOTED that as of November, 2022, all Hot Water System

faults have been resolved and no further issues reported. The
previous issues affecting several units in “D” Block now have
no further issues noted.
NOTED that Unit 129 “A” Block was experiencing hot water
issues but in May, the tempering valve and non-return one
way valve was cleaned out. In June 22, the tempering valve
was replaced.
NOTED that the main plant major annual service was

completed in July, 2022.

5.1.14 Annual Fire Safety Statement
NOTED that the 2022 Annual Fire Safety Statement has been
submitted to Council and the NSW Fire Brigade.
5.1.15 Owner Decks
NOTED that previously the Strata Committee RESOLVED that

owners are able to change their timber decking to a plastic
mod wood alternative as per the samples provided in the
main foyer, noting that an application needs to be made and
approved by the Strata Committee in the first instance, and
the decking needs to be in keeping with the appearance of the
building and comply with the Strata Plan’s By-laws.
5.1.16 Visitor Parking Breaches
NOTED that breaches of Visitor Parking at the building are to

be continually monitored. As mentioned at previous
meetings, in the first instance, Strata Committee members
are to place notices on vehicles abusing Visitor Parking. If
breaches continue, a formal breach notice is to be sent by the
Strata Managing Agent.
5.1.17 EV Charging
NOTED that the Strata Committee discussed the need for

considering Electric Vehicles (“EV”) and charging at the
building.
NOTED that 3 scenarios for initial consideration were

discussed:
▪ Private Charger – Lot Owners may install Electric Car

Charging facility at their own expense. Any works must be
approved before caried out.
▪ Double Charger Bay (2 Visitor Parking Bay could be re-
allocated as an EV Charger Bay)
▪ Single Charger Bay (1 Visitor Parking Bay could be re-
allocated as an EV Charge Bay)

NOTED that the Building Manager has advised that 3 electrical

companies have been to site to quote with quotes to be
compared before being presented. In addition, the Building
Manager is obtaining costs and looking at what is required for
permission to change Visitor Parking to an EV Charging Bay.
Furthermore, barriers, a payment system, and signage are to
be scoped and quoted.
NOTED that Mr Muir also proposed a motion for

consideration by the Strata Committee as below:
“Owners of the DNA building may install their Electric Ca

Charging facility at their own expense. The owners should
approach the DNA committee and Building Manager with
their request outlining their plan; including the type of charger
and the details of the authorised installer.
The Building Manager will then provide the details of the three
Electricians that are accredited to run cable at the DNA
building.
The chosen accredited electrician will then run the cable from
their meter box to their designated car space.
All costs at the owner’s own expense”
RESOLVED that further investigation be undertaken before a

final preference is confirmed to be approved at a general
meeting of the Owners Corporation.
5.1.18 Dumped Items in Garbage Room
NOTED that the Strata Committee discussed residents

dumping items in the garbage room. Previously the Building
Manager informed the meeting that Council had been
informed to attend site and remove the dumped items.

NOTED that despite an improvement in the

placement/removal of dumped items in the Garbage Room,
the Building Manager advised that Council has not been
attending site to clear the Garbage Room. The Building
Manager is to contact Council of the need to attend site and
remove dumped items.
5.1.19 Insurance Renewal
NOTED that insurance has been renewed with CHU for 6

months for a premium of
$72,191.83.
6. BUILDING MANAGER’S REPORT:
6.1 NOTED that the Building Manager tabled a report which consisted of the
following (most which was covered in other motions in the agenda):
6.1.1 Lifts
NOTED that this matter was discussed under motion 5.1.12

above.
6.1.2 False Alarms
NOTED that a successful waiver was granted from NSW

Government Fire and Rescue. This dates back to December
2021 being for 2 false alarms caused by detectors in the main
garbage room. The Building Manager applied for a waiver of
False Alarm incident 191429 due to actioning the repairs on
detectors on both occasions. The Strata Managing Agent is to
confirm when monies are received.
6.1.3 Auto Entry Door
NOTED that Allgate have now completed major upgrade repairs

and defect issues to Auto Door “A” Entry.

6.1.4 Oversize Truck Damage
NOTED that driveway damages have been caused by a third-

party Truck. The third party insurer has been notified of a
potential claim. Repairs are near completion. One remains,
prior to claim finalisation.
6.1.5 Window Cleaning

above.

above.
6.1.7 Gardens

above.
6.1.8 Exterior Painting All Lower Sections – Stage 1

above.
6.1.9 Exterior Painting All High Sections – Stage 2

above.
6.1.10 Carpets
NOTED that all Ground Floor foyers and other levels where
required need to be steam cleaned. Repairs to the carpets need
to be made (areas where joint stitching failed or requires a re-
stretch etc.)
RESOLVED to obtain proposals for both repairs and

replacement.

6.1.11 EV Charging

above.
6.1.12 Bellmont Façade Engineering
NOTED that Belmont Façade Engineering completed the scope

for scenario 125/126. (Glass under glass make up 6 units of this
type in the complex) Ceerose and the lawyers have this
information/documentation.
NOTED that Belmont Façade Engineering also produced a scope

for the scenario associated with South facing units, cladding
under glass/red boxes prepared and issued in February, 2021.
6.1.13 Defects
NOTED that further to motion 11 of the Annual General

Meeting, the following Defect items are noted:
Documented to Ceerose 9/8/22
▪ Unit 46 Bedroom – Water Penetration

▪ Unit 38 Bedrooms – Water Penetration
▪ Unit 130 Bedroom Wall – Water/Mould Penetration
Ceerose agreed and documented 17/05/22
▪ Unit 12 Bedroom – Water Penetration.

▪ Unit 71 Bedrooms – Water Penetration.
▪ Unit 90 Lounge Wall – Water Penetration.
Ceerose agreed and documented 11/03/22
▪ Unit 125 Bedroom – Water Penetration

▪ Unit 16 Bedrooms – Water Penetration.
▪ Unit 59 – Water Penetration (Ground floor unit same
issue as per others).

▪ Carpark – Crack in slab near D1 lift, unit 2 laundry sits

above.
▪ Carpark – Further small extended crack near visitor
developing.
CEEROSE DEFECT WORKS ACTION
Ceerose Defect Works - 07/06/22 – 17/08/22
▪ 9 August, 2022 – Peter Tabet (Ceerose) assisted strip out

walls ready for Bellmont water test and witnessed. Also
to note Peter Tabet brought onsite one of his remedial
contractors to inspect.
▪ 11 July,2022 Inspection
In attendance:
- Rodi Bircan (Bellmont Façade Engineering)

- Jonathan Steel (Building Manager)
- Peter Tabet (Ceerose)
- Norm (Managing Director Owner of Style Windows)
- Adam Petice (Style Windows Lawyer)
- Phillip Damjanovski (Loss Adjuster for Style Windows
Lawyer)
- Darcy Shaw (Envista Forensics Engineer, acting on
behalf of Style Windows Insurer)
- David Lu (Owner of Bright Ceiling – Cladding
Installer)
- Vivian (Broaden Legal – Acting on behalf of Bright
Ceiling)
Inspected:
- Walk around external of all buildings

- Unit 125 – Water Penetration - Glass under Glass
make up
- Unit 126 - Water Penetration - Glass under Glass
make up
- Unit 130 - Water Penetration - Glass under Glass
make up

- Unit 54 – Water Penetration - Window with cladding

make up
- Unit 52 - Water Penetration - Window with cladding
make up (this is the unit Bellmont prepared the
scope for)
- Unit 59 – Water Penetration - Ground Floor sliding
door water penetration
- Unit 6 - Water Penetration - Ground Floor sliding
door water penetration
Ceerose Defect Works – 09/03/22 – 07/06/22
▪ Unit 16 – Mouldy wall gyprock and insulation removal.

▪ Unit 28 – Both bedrooms on 3 visits. Mouldy wall
gyprock and insulation removal. Mouldy carpet and
underlay removal.
▪ Unit 125 – Bedrooms on 3 visits. Mouldy wall gyprock
and insulation removal. Mouldy carpet and underlay
removal.
▪ Unit 126 – Both bedrooms. Mouldy wall gyprock and
insulation removal.
▪ Unit 127 – Inspection of dripping water from upper
window area during rains.
▪ February, 2022 – Unit 28. Bedroom, moulded carpet

removed from under windows.
▪ Scaffolding Removal from site that had been assembled
on D2 outside unit 54.
▪ December, 2022 - Due to continued leaking detected,
further repairs above apartment 54’s balcony and D1
corridor take place.
Ceerose Defect Works – 7/9/21 – 29/11/2021
▪ Repairs have taken place to “N” roof above apartment

95.
▪ Repairs have taken place to “D” roof above apartment
54 and above corridor D1.

▪ On-site meeting took place with Ceerose, RHM and

Strata Committee members, Mr Lim and Mr Robinson.
▪ Apartment 52 - Roy and Peter of Ceerose conducted an

inspection of unit 52 on 24 June, 2021.
▪ Apartment 91 - Further mould cleaning and mouldy

carpet removal.
▪ 6 ground floor units have suffered water penetration –

Units 4, 6, 8, 57, 101, & 60.
▪ Completed works in units 6, 57 and 101. Internal cosmetic
repairs still need to be done.
▪ During current rains on 22/3/21, units 6 and 7 reported
there are still leaking issues.
▪ Works in units 4, 8, and 60 have not started.
▪ Unit 33 Water Penetration inspections and removal of
mouldy carpet, and temp offcuts fit.
mouldy carpet.
mouldy carpet.
▪ Carpark Slab leaks inspections. No work done.
▪ Ceerose are back attending site in the last 2 weeks.

▪ Unit 94 Water Penetration – Inspections and Water
Testing taking place.
▪ Five Ground Floor Units Water Penetration – Units 4, 6, 8,
57, and 101 are being inspected. Further works required
on unit 6 continue.

▪ Ceerose are attending the complex and undertaking

works.
▪ Abseilers finished applying caulking to Expansion joints of
the D2 West facing wall.
▪ Abseilers applied caulking to expansion joints D1 ‘U’
section adjoining units 50 and 51 and going down to
ground.
▪ Abseilers applied caulking to expansion joints N1 ‘U’
ground.
▪ Abseilers applied caulking to expansion joints building ‘A’
above driveway units.
▪ Five Ground floor units (4, 6, 8, 57 and 101) are suffering
from water penetration. Waterproofing caulking and
expansion joints are being worked on.
▪ Hydrant penetrations leaks – above unit 102’s car park
and air-conditioning fan room. Waterproofing applied.
▪ Units 54 and 52 - 1 visit inspection by Ceerose employees.
▪ AFSS Fire stopping issue N1 ground FS, now repaired.
▪ Leaking visitor parking drip tray pipe plumbing joint
repaired.
Ceerose Defect Works – 01/06/20 – Beyond
▪ See previous Building Management Reports.
7.1 RESOLVED that the Strata Committee permit any of the following means of
voting on a matter to be determined by the committee at any subsequent
meeting:
be determined by the Owners Corporation – voting by means of email


8. SCHEDULE OF MEETINGS:
8.1 RESOLVED that the Strata Committee adopt the following schedule of
meetings for the 2023 year:
Wednesday, 8 March, 2023 commencing at 6:00pm

Wednesday, 7 June, 2023 commencing at 6:00pm
Wednesday, 6 September, 2023 commencing at 6:00pm
Annual General Meeting November 2023
9. OTHER MATTERS:
9.1.1 Apartment 59 – Dog Application
RESOLVED that apartment 59’s dog application be approved

subject to compliance with the Strata Plan’s By-laws.
9.1.2 Apartment 108 – Dog Application
RESOLVED that apartment 108’s dog application be approved

subject to compliance with the Strata Plan’s By-laws.
9.1.3 Next Meeting
RESOLVED that the next meeting will be held Wednesday, 8

March, 2023 commencing at 6:00pm.
NOTES TO THE MEETING:
Apartment 30 – Application for Fly Screens
NOTED that apartment 30’s application for fly screens be approved subject to compliance
with the Strata Plan’s By-laws.

Keeping Pets at DNA
NOTED that the Strata Committee discussed keeping multiple pets at DNA.
NOTED that in order to reduce the number of pets being kept in an apartment would require
an amendment to the Strata Plan’s By-laws.
NOTED that a letter is to be sent to pet owners informing them that they will be held
responsible for cleaning costs associated their pet dirtying/soiling common property.
Drones at DNA
NOTED that concerns were raised about a drone flying around DNA viewing residents at the
building.
NOTED that owners and residents are reminded that flying of drones around DNA and
filming/viewing residents without their permission is ILLEGAL with perpetrators open to being
reported to NSW state authorities.
CLOSURE: There being no further business, the chairperson

______________________________ ___________________________
Chairperson Date
Strata | Specialist | Lawyers
23 August 2023
Attention: Ms Louise Wellman
The Secretary
The Owners – Strata Plan No 87368
C/- Bright & Duggan
Level 1, 37-43 Alexander Street
CROWS NEST NSW 2065
By Email Only: louise.wellman@bright-duggan.com.au
Dear Secretary,
The Owners – Strata Plan No 87368 v Ceerose Pty Ltd

Supreme Court of NSW Case No. 2020/00139969
Our Ref: CC:1721
We refer to the above matter and provide the following update and advice concerning the settlement
for the consideration of the owners corporation in a forthcoming general meeting.
Executive Summary
1. Legal proceedings in the Supreme Court are still on foot against the builder for monetary
damages to fix identified building defects. The builder has lodged a cross claim claimed against
its window and façade subcontractors for contribution towards any amount it may be ordered
to pay the owners corporation.
2. The owners corporation claim will most likely be heard in the Supreme Court early next year if
it cannot settle. At this stage the only defects to be litigated should be the combustible cladding
and leaking façade/window defects.
3. In relation to the cladding:
(a) The owners corporation has received a fee proposal from a new expert to prepare a
litigation-ready report which will note testing of all combustible panels, the relevant parts
of the Building Code of Australia and Australian Standards that have been breached, and
a scope of work to rectify the defects.
(b) The builder has made an offer to the owners corporation for the parties to enter into a
construction contract where the builder will undertake the replacement of all
combustible cladding in the building at the cost of $1.5million plus GST, being a reduction
Colin Cunio Solicitors Pty Ltd trading as Strata Specialist Lawyers (ABN 43 611 695 839)
Level 26, 44 Market Street Sydney NSW 2000 | ALL MAIL TO - PO Box 515 Rose Bay NSW 2029
T - (02) 9089 8706 | E – info@strataspecialistlawyers.com.au | W – www.strataspecialistlawyers.com.au
Liability is limited by a scheme approved under Professional Standards Legislation
2
in the market price to replace the cladding (the owners corporation has obtained ball park
figures for the replacement in excess of $4million).
4. In relation to the façade:
(a) The owners corporation has received a report from its expert to rectify the façade, but it
does not apply to all aspects of the façade and arguably only applies to one aspect of the
façade.
(b) The builder has offered to engage the owners corporation’s cladding expert at the cost of
the builder to conduct invasive investigations in each unit where there are leaking
windows, and then prepare scopes of work which will be performed by the builder at the
cost of the builder. The expert will then be used by the builder in their cross claim against
their subcontractors.
5. In relation to other defects, it is understood that the builder has been attending to them on a
consistent basis and will continue to do so. Given the attitude of the builder, we do not consider
it likely that these defects will be litigated in the Supreme Court proceedings.
6. Project remediate has accepted a claim from the owners corporation. We do not know the status
of the claim with them at the time of writing this letter.
Supreme Court proceedings – owners corporation claim
The owners corporation is seeking monetary damages from the builder for the cost of rectifying
identified building defects.
The proceedings are next listed in Court on 22 September 2023. The Court previously agreed to adjourn
the matter to enable the parties to entertain settlement discussions. In the proceedings,
The most significant defects are the combustible cladding and the leaking façade/ windows. These
were detailed in our last update letters to the owners corporation on 29 November 2022 and 4 May
2023. The position of the owners corporation in relation to the evidence it will rely upon at the final
hearing of the legal proceedings remains the same, namely that the owners corporation needs to have
a litigation compliant façade defects report and cladding defects report, which investigates and reports
on every defect claim.
The builder’s offer to settle the claim
The builder’s last offer was made on 11 August 2023 and is contained in a proposed deed of settlement
and a construction contract for cladding replacement. We have attached a copy of the draft deed. A
copy of the proposed cladding contract and associated documents may be accessed by clicking here.
The settlement proposal is summarised as follows:
1. The builder will perform works to address all the defects identified in a schedule of defects,
which contain a scope of work. These include the façade and cladding defects, as well as a small
amount of outstanding general defects. All defect work must be completed within 12 months,
and the builder will pay for requisite development or other consents.
2. In relation to the façade defects, the schedule of defects and scope will not apply for the scope
of works to be carried out. Instead:
3
(a) The builder and the owners corporation’s facade expert will perform destructive
investigations.
(b) The façade expert will prepare a scope of work in consultation with the builder.
(c) The builder must undertake the scope of works and will complete the works within 12
months.
(d) All costs (including the cost of rectification and the cost of the façade expert) will be met
by the builder.
(e) The builder may use the façade expert as their expert in their cross-claim against their
subcontractors.
3. In relation to the cladding defects, the schedule of defects will also not apply for the scope of
works to be carried out. Instead:
(a) The builder and the owners corporation will enter into a construction contract to replace
all combustible cladding identified in the drawings attached to the draft contract.
(b) The owners corporation will pay the builder $1.5 million plus GST for the work.
(c) The builder will complete the work within 12 months.
(d) If there is any overlap with the façade defect work that occasions a variation of the
contract or delay, the owners corporation will not be liable to pay any additional amounts,
noting that the scope of work for the façade defects is to prevail to the extent of any
inconsistency.
4. The Supreme Court proceedings will be dismissed with each party to pay their own costs.
Should the owners corporation accept the offer?
At this stage, the owners corporation is the only party in this dispute that has obtained any evidence
in support of its claim of building defects. Accordingly, it is difficult to advise the owners corporation
of the benefit of accepting a settlement on the terms proposed by the builder. Nevertheless, we make
the following comments:
1. There does not appear to be any dispute in relation to the other general defects, with the builder
agreeing to rectify any outstanding items. These defect form part of the proposed deed and will
need to be rectified by the builder within 12 months of the deed being executed.
2. The proposal for the owners corporation’s expert and the builder to undertake a destructive
investigation of all façade leaks and for the owners corporation’s expert to prepare a scope
which must be performed by the builder within a year is sensible for the following reasons:
(a) There will be no cost to the owners corporation for the destructive investigations, the
preparation of a scope of work, or the conduct of the work (which must be completed
within a year).
4
(b) The cost of investigating each façade defect for use in the proceedings will be significant
and must be borne by the owners corporation (which can be claimed against the builder
in the Supreme Court proceedings). For example, e have received a quote from Mr Peter
Lalas, a façade expert who has estimated a cost of $70,950 exclusive of GST to undertake
inspections and prepare a report that can be used in the Supreme Court proceedings for
the facade defects. This does not include the cost of erecting and scaffolding, which may
be required in order for the expert to undertake his investigations.
(c) The owners corporation will have its expert prepare the scope of work, rather than the
builder (though we note the façade expert will have to consult with the builder). The
scope will have to be prepared to address the defects in accordance with the law,
including the Building Code of Australia and relevant Australian Standards.
(d) It is likely that some of the façade rectification work will also involve the replacement of
combustible cladding. To the extent the owners corporation settles all its claims except
the cladding defects it may have the benefit of some cladding being replaced as part of
the scope of work for the façade defects. Enquiries should be made with Belmont to
confirm.
(e) While there is a risk that the façade expert will not produce a scope that is satisfactory or
will address the identified defects, such a risk is remote in our view. In any event, the
owners corporation may have recourse to their professional indemnity insurance.
(f) The owners corporation previously engaged Belmont Façade Engineering to undertake
some destructive investigations and prepare a scope of rectification work of one or two
of the lots in the scheme. The builder previously indicated that they were not prepared to
pay the proposed costs of Belmont for acting on behalf of the owners corporation in
relation to the proposed settlement, given that Belmont significantly increased their
estimate and hourly rate. The builder suggested the owners corporation engaging Mr
George Zakos as an expert and we agreed with this suggestion given his experience and
acceptance as an expert by the Courts and Tribunals. We have managed to obtain a fee
proposal from Mr Zakos and he has confirmed that while he acts as experts for builders
including Ceerose, he also acts for owners and owners corporation and is entirely
independent.
(g) The works must be completed within 12 months of signing the deed. We doubt that the
owners corporation will be in a position in 12 month’s time where it can conduct the
works after the conclusion of the Supreme Court proceedings (assuming the owners
corporation is successful in those proceedings)
3. It is difficult to advise whether the proposal in relation to the cladding defects should be
accepted, as there is no evidence from the builder opposing the evidence obtained by the
owners corporation as to the combustibility of the cladding to date and whether there has been
a breach of the warranties in the Home Building Act 1989, even though such reports will have to
be updated if the owners corporation decides to pursue this part of the claim in the Supreme
Court proceedings. Nevertheless, we made the following comments:
(a) We note the owners corporation has already obtained a “ballpark” estimate from a
cladding contractor as to the cost of replacing he combustible cladding, which is in excess
of $4million. It therefore appears that the offer from the builder to replace the
combustible cladding is less than half the market rate.
5
(b) The owners corporation will be receiving new warranties in relation to the cladding work
as it is a new construction contract, rather than the rectification of defects under warranty
(like the façade and other defects).
(c) Resolving this aspect of the claim (as well as the entirety of the claim) will remove the
uncertainty, cost, and protracted nature of continuing to litigate the Supreme Court
proceedings. However, the cost of litigating this aspect of the claim will be significantly
less that the cost of entering into the proposed contract with the builder.
(d) Amendments will have to be made to the contract to better protect the owners
corporation, particularly in relation to the ownership of the cladding material and
progress payments to the builder.
(e) There is a risk that the works will not be conducted satisfactorily, though we would
recommend that a cladding expert is appointed to supervise the works (which should not
be at the cost of the owners corporation, given the terms of the draft deed).
(f) The works must be completed within 12 months of signing the contract. We doubt that
the owners corporation will be in a position in 12 month’s time where it can conduct the
works after the conclusion of the Supreme Court proceedings (assuming the owners
corporation is successful in those proceedings)
4. In relation to costs:
(a) The owners corporation has incurred about $50,000 in legal costs in this dispute to date,
and we estimate a further $150,000 in legal costs if the owners corporation decides to
prosecute its claim in the Supreme Court to a final hearing and judgement.
(b) We do not know what the owners corporation has spent to date on its experts as the
owners corporation has arranged for payment to them directly. For the purposes of this
advice, we estimate it has spent $100,000. We estimate that the cost of conducting an
investigation of every cladding and façade defect and preparing litigation-ready reports
to be a further $250,000, on the assumption that the owners corporation will need to
install scaffolding to undertake the investigations.
(c) If the owners corporation is successful in its legal proceedings (i.e. it receives a final
judgment from the Supreme Court in its favour), then generally, it will be awarded its
costs, and can expect to recover between 60% and 80% of the actual costs spent. This is
of course, subject to the builder being able to meet such a judgment (e.g., by not going
into liquidation).
(d) Therefore, the total estimate of costs to judgment is $550,000, and if the owners
corporation is successful and a costs order is made in its favour, it can expect to recover
between $330,000 and $440,000 from the builder, meaning the owners corporation will
be out of pocket between $110,000 and $220,000 (at this stage it is out of pocket
$150,000, based on our estimate).
Project Remediate
We note the owners corporation has registered with Project Remediate and have been requested to
provide documents. Please let us know if the owners corporation requires any assistance from us to
respond.
6
Project remediate is a voluntary government run program to replace combustible cladding in class 2
residential buildings (like those buildings in strata plan 87368). It offers an interest free loan to replace
cladding, which will be compliant and certified, and assistance from experts on the government panel.
Given that the market cost of replacing the combustible cladding will be in excess of $4million, it
appears that the offer from the builder to enter into a new contract is more commercial, even though
they are not offering any interest free loans to fund the works.
Council fine
Council re-issued a fine on the owners corporation for failing to provide a scope of cladding
replacement works to council. We are instructed that a strata committee member is addressing this
with Council in an attempt to have the fine withdrawn.
Next steps
We look forward to discussing the above at the forthcoming meeting of the owners corporation.
Please let us know if the owners corporation has any questions.
Yours faithfully
STRATA SPECIALIST LAWYERS
Colin Cunio
Principal
colincunio@strataspecialistlawyers.com.au
Encl.
SETTLEMENT AND RELEASE
AGREEMENT
PARTIES

(Owners Corporation)
&
AND
CEEROSE PTY LTD

ACN 088 827 678
(Ceerose)
1
AGREEMENT OF SETTLEMENT AND RELEASE
THIS AGREEMENT is made on 2023
BETWEEN: The Owners – Strata Plan No. 87368

of c/- Bright & Duggan, Ground Level, 37/43 Alexander Street, Crows Nest NSW
2065
(Owners Corporation)
AND: Ceerose Pty Ltd ACN 088 827 678

of c/- KPMG, Level 8, 91 Phillip Street, Parramatta NSW 2150
(Ceerose)
(collectively referred to as the “Parties”)
RECITALS
A. The Owners Corporations are the owners of common property within the strata title
apartment complex, which is comprised of a total of the buildings situated at 5-11
Pyrmont Bridge Road, Camperdown (Complex).
B. Ceerose was the builder responsible for construction of the Complex.
C. The Biscuit Factory Eastside Pty Ltd (Developer) was the developer of the property and
owned the Complex at the time of its construction.
D. On or about 9 April 2020, the Owners Corporation lodged application HB 20/19196 with
the NSW Civil & Administrative Tribunal.
2
E. In or about May 2021, those proceedings were transferred to the Supreme Court, File
No 2021/00139969.
F. The Owners Corporation has claimed that there are a number of defects in the Complex
that arise from a breach by Ceerose and the Developer of the warranties contained in
Part 2C of the Home Building Act 1989 and that Ceerose and the Developer are liable for
the loss and damage suffered by the Owners Corporation as a result of the defects.
G. Ceerose are willing to perform rectification work in respect to some of the defects
claimed and otherwise dispute some of the defects claimed on the basis that either the
defects claimed are not defects or breaches of the warranties contained in Part 2C of
the Home Building Act 1989 or otherwise that they include claims which have been
brought out of time and barred.
H. Without admissions, the Parties have agreed to compromise and resolve their dispute
about defects and matters arising in respect to the work undertaken by Ceerose at the
Complex and wish to record that agreement in this agreement.
OPERATIVE PROVISIONS
1. Definitions and interpretation
1.1 Definitions
Access Order means an order from the NSW Civil and Administrative Tribunal granting
the Owners Corporation and its contractors and agents (and including Ceerose) access
to a lot in the Complex.
Building Contract means the building contract between the Owners Corporation and
Ceerose dated the same day as this agreement, whereby the Builder will conduct works
for the demolition of existing external cladding façade and construction of new non-
combustible external cladding façade for a contract sum of $1,500,000 plus GST.
3
Claims means all present and future actions, claims, suits, demands, causes of action,
proceedings, damages, liabilities and costs arising from (whether directly or indirectly)
or in any way related to the Dispute.
Defects means the defects identified in Schedule A.
Dispute means the facts, matters, and circumstances described, related to or arising
from in the Recitals to this agreement.
Owners Corporation's Expert means:
(a) In relation to any façade related defect, George Zakos of G.L. Zakos & Associates
Pty Ltd, or an appropriately qualified person or persons appointed by the Owners
Corporation from time to time to assist with the performance and the subject
matter of this agreement. The Owners Corporation will inform Ceerose of the
identity of the Owners Corporation Expert other than George Zakos; and
(b) In relation to any fire related defect, including compliance with any development
control order issued by Sydney City Council under the Environmental Planning and
Assessment Act 1979 in relation fire safety, Nathan Halstead of AED Group, or an
appropriately qualified person or persons appointed by the Owners Corporation
from time to time to assist with the performance and the subject matter of this
deed. The Owners Corporation will inform Ceerose of the identity of the Owners
Corporation Expert other than Nathan Halstead; and,
(c) In relation to defects that are not façade or fire related, George Poriters of RHM
Consultants, or an appropriately qualified person or persons appointed by the
Owners Corporation from time to time to assist with the performance and the
subject matter of this deed. The Owners Corporation will inform Ceerose of the
identity of the Owners Corporation Expert other than George Poriters.
4
Proceedings means NSW Civil & Administrative Tribunal proceedings File No. HB
20/19196 and subsequently transferred to the Supreme Court no 2021/00139969.
Remedial Works means the carrying out of the remedial work to remedy the Defects,
such works identified in the Scope of Works at Annexure A to this agreement, and
subject to clause 3.
Scope of Works means the scope of works required to remedy the Defects, which are to
be carried and completed by Ceerose, and is set out in Annexure A to this agreement,
and subject to clause 3.
WHS Legislation means the Work Health and Safety Act 2011 (NSW) and the Work
Health and Safety Regulation 2017 (NSW) as amended, replaced or updated from time
to time.
1.2 Interpretation
In this agreement unless the context otherwise requires:
(a) a reference to any legislation or legislative provision includes any statutory

modification or re-enactment of, or legislative provision substituted for, and any
subordinate legislation issued under, that legislation or legislative provision;
(b) a reference to a clause or part of a clause is a reference to that clause or part of a

clause of this agreement;
(c) the singular includes the plural and vice versa;
(d) a reference to an individual or person includes a corporation, partnership, joint

venture, association, authority, trust, state or government and vice versa;
5
(e) a reference to any gender includes all genders;
(f) a reference to a clause or schedule is to a clause or schedule of this agreement;
(g) a reference to $ is to Australian currency;
(h) where an expression is defined, another part of speech or grammatical form of

that expression has a corresponding meaning; and
(i) where an expression is defined anywhere in this agreement it has the same
meaning throughout.
1.3 Headings
In this agreement, headings are for convenience of reference only and do not affect
interpretation.
2. Remedial Works
Ceerose must perform the Remedial Works in accordance with clause 3 of this
agreement and complete the Remedial Works within a reasonable time, and in any case
no later than 12 months of the date of this agreement.
3. Performance
(a) Ceerose will:
i). Perform the Remedial Works in compliance with the warranties in Part 2C of the
Home Building Act 1989;
6
ii). Carry out the Remedial Works and with due care and skill using new materials
good and suitable for the purpose for which they are used and in accordance with
the law including the Building Code of Australia and any applicable Australian
Standards;
iii). Carry out the Remedial Works in accordance with the Scope of Works;
iv). Carry out and complete the Remedial Works at its own cost.
(b) If the approval of any statutory or other authority is required in connection with the
performance of the Remedial Works, Ceerose must promptly apply for and pay all fees
for such approval.
(c) Before commencing the Remedial Works, Ceerose must effect and maintain and provide
to the Owners Corporation a certificate of currency in respect of the following
insurances:
i). A public liability policy for an amount in respect of any one occurrence not less
than $10 million with the Owners Corporation noted as an interested party;
ii). A worker’s compensation policy for all persons employed by Ceerose;
iii). A contract works policy for an amount in respect of any one occurrence not less
than $10 million with the Owners Corporation listed as an interested party; and
iv). Any other insurance required by law.
(d) Ceerose must do all that is reasonably necessary to:
i). Protect the Remedial Works;
7
ii). Protect the property of the Owners Corporation, the lot owners and occupiers of
the lots in the Complex from damage and personal injury or death in connection
with the performance of the Remedial Works;
iii). Permit the Owners Corporation or the Owners Corporation’s Expert to inspect the
Remedial Works and any related investigations and testing as the Owners
Corporation reasonably sees fit;
iv). Take reasonable steps to avoid or contain undue noise and/or vibration in the
building at the Complex;
v). Ensure that no explosive tools are used in the building at the Complex.
(e) Ceerose will make good any loss or damage to the Remedial Works or the property of
the Owners Corporation, lot owners or occupiers of the lots within the Complex caused
by the Ceerose, its employees, agents or subcontractors. Ceerose acknowledges that it
may be required to perform parts of the Remedial Works on property whilst occupied.
(f) Ceerose must:
i). Keep the work site clean and tidy;
ii). Progressively remove from the Complex all rubbish and waste resulting from
carrying out the Remedial Works. For the avoidance of doubt no such rubbish at
all is to be left at the Complex;
iii). Leave all areas and structures of the Complex affected by the Remedial Works in
as good a state of repair as they were in when the Remedial Works commenced.
(g) The Owners Corporation engages the Ceerose as the principal contractor in accordance
with the applicable WHS Legislation for the Remedial Works and authorises Ceerose to
have management and control of the Complex to discharge the duties of a principal
8
contractor. Ceerose accepts its engagement as the principal contractor for the Remedial
Works.
(h) For Defects which relate to water leaks to the window or façade as identified in schedule
A, the parties agree that the Scope of Works to rectify those Defects has not been agreed
or determined at the date of this agreement, and that the following procedure shall
apply in respect determining the applicable Scope of Works for those Remedial Works:
i). Ceerose and George Zakos of G.L. Zakos & Associates Pty Ltd shall together
perform a destructive investigation together; and
ii). In consultation with Ceerose, George Zakos shall prepare a scope of work for the
Remedial Works to be performed; and
iii). Ceerose will carry out the Remedial Works in accordance with that scope of works
within a reasonable time and complete the Remedial Works within the time
provide in clause 2; and
iv). Ceerose will maintain photographic records of the scope of works so carried out,
and will comply with any reasonable requests by George Zakos in performing the
scope of works; and
v). To the extent that scope of works requires any hold points, such hold points will
be limited to waterproofing activities and shall be no more than two per Defect;
and
vi). George Zakos may agree to dispense with any requirement in clause 3(h) i), 3(h)
ii) or 3(h) iii) or 3(h)(v) provided that George Zakos has confirmed so in writing;
and
9
vii). Ceerose will pay the Owners Corporation’s reasonable costs of engaging George
Zakos in performing his tasks and activities under clause 3(h) within 28 days of
receipt of receiving any invoice from George Zakos; and.
viii). The Owners Corporation consents to George Zakos preparing an expert report for
Ceerose in respect to any of the defects complained off that may be used in
proceedings that are to be maintained by Ceerose against Style Windows Pty Ltd
and Bright Ceilings Pty Ltd, who were the subcontractors that Ceerose engaged to
perform the window supply and installation and the supply and installation of
cladding; and
(i) In respect to any defects or breaches of statutory warranty concerning the external
cladding façade to the building (whether or not identified as a Defect in Schedule A), and
in consideration of the releases provided in this agreement, the parties have agreed to
simultaneously enter into and exchange the Building Contract which provides for the
Owners Corporation to pay an agreed lump sum to Ceerose and Ceerose to replace the
external cladding façade to the building as per the scope of works contained in the
Building Contract. In relation to that Building Contract:
i). The Building Contract and the agreed lump sum price of the same forms part of
the settlement and compromise by the parties to this agreement in relation to the
Proceedings and the parties disputes; and
ii). The Building Contract and its terms are intended to settle the party’s disputes in
respect to external cladding façade to the building; and
iii). The releases provided for in this agreement do not limit or extend to any rights or
obligations of either party created by the terms of the Building Contract; and.
iv). Nothing in the Building Contract limits Ceerose’s obligations under clause 3(h) in
so far as the Remedial Works required to be carried out under clause 3(h) are
inconsistent with the requirements under the Building Contract; and
10
v). To the extent that there is an inconsistency between the requirements of the
Building Contract and the Scope of Works required to performed to carry out the
Remedial Works determined in accordance with clause 3(h), the scope of works
determined in accordance with clause 3(h) shall prevail over any requirement
under the Building Contract (but only to the extent of the inconsistency), and the
contract sum in the Building Contract shall not be subject to any rise or fall or
adjustment by reason that the scope of works required by clause 3(h) departs from
the scope of works required under the Building Contract.
4. Access
(a) The Owners Corporation agree to give Ceerose such access or procure for Ceerose such
access to the interior of the Complex including without limitation to individual lot
property as is reasonably required for the performance of the Remedial Works.
(b) Access is to be by prior arrangement with reasonable notice given by Ceerose to the
Owners Corporation.
(c) If Ceerose requires access to a lot forming part of the Complex:
i). the consent of the owner and/or occupier of the lot will be required and Ceerose
must not enter without such consent;
ii). a minimum of 7 days’ written notice to the Owners Corporation for access to a lot
must be given, and is to be provided for in the construction programme (and any
amendments thereto);
iii). if consent for access to a lot is not given, the Owners Corporation may, in its
absolute discretion, seek an Access Order;
11
iv). if it becomes necessary for the Owners Corporation to apply for an Access Order
written notice of this intention must be given to Ceerose.
(d) The Owners Corporation will use all reasonable endeavours to ensure that Ceerose and
its sub-contractors are given such access as is necessary and reasonable to perform the
Remedial Works.
(e) Ceerose will allow the Owners Corporation’s Expert to attend the Complex at any time
to conduct an inspection of the Remedial works.
5. Dispute resolution
(a) If any dispute arises pursuant out of or in connection to this agreement, the parties must
take the steps set out in this clause to resolve the dispute.
(b) Within five (5) business days of a party giving to another party a notice stating that a
dispute has arisen, representatives of the parties with authority to resolve the dispute,
must meet in person or conduct a telephone conference at an agreed time and place.
(c) If the parties cannot resolve the dispute within five (5) business days after notice of the
dispute is given, either party may give notice that the dispute will be submitted for
expert determination by an independent expert in accordance with, and subject to,
Resolution Institute Expert Determination Rules.
(d) Unless the parties agree upon an independent expert within five (5) business days of the
notice that the dispute will be submitted for expert determination, either party may
request a nomination from the Australian Disputes Centre, Lockhart Chambers, LGF, 233
Macquarie Street Sydney NSW 2000.
(e) The expert must not accept or proceed with the appointment if the expert has a conflict
of interest or prior relationship with either party.
12
(f) Subject to the requirements of the Resolution Institute Expert Determination Rules, the
parties must instruct the expert that the expert:
i). is to act as an independent expert and not as an arbitrator;
ii). is to proceed in the way, and determine the rules for the conduct of the expert
determination as the expert thinks fit but must follow the rules of natural justice
and procedural fairness;
iii). is to take into consideration those documents and that information and other
material which the parties give to the expert and which in the expert's opinion are
relevant to the determination of the dispute;
iv). need not, but may, obtain or refer to any other relevant documents, information
or material and if so, must, prior to the determination of the dispute, give the
parties an opportunity to respond to any other relevant documents, information
or material obtained or referred to by the expert;
v). must determine the dispute and give written reasons for the decision as soon as
possible, but no later than within one month after being appointed; and
vi). may determine what proportion of the costs of the expert determination is to be
paid by each party.
(g) The expert determination is final and binding on the parties without appeal as far as the
law allows.
(h) The costs of the expert determination must be shared equally by the parties unless, the
expert decides otherwise. Each party must pay its own costs in connection with the
dispute.
6. Releases
13
(a) Ceerose Pty Ltd release the Owners Corporation from all Claims they have or might have
against the Owners Corporation.
(b) The Owners Corporations hereby releases Ceerose from all Claims it has or might have
against Ceerose.
(c) To avoid doubt, clauses 6(a) and 6(b) do not operate to release a Party from:
i). a breach of this agreement; or
ii). a failure of the Remedial Works to comply with this agreement.
(d) The Owners Corporation agrees that the proceedings against the Developer are to be
dismissed in accordance with Annexure B.
7. Remedial Works warranties
(a) Ceerose warrants that in performing the Remedial Works, those works will:
i). Comply with the National Construction Code and Building Code of Australia;
ii). Comply with the statutory warranties set out in Section 18B of the Home Building
Act 1989;
iii). Be performed by appropriately licenced subcontractors and tradesmen; and
iv). Rectify the Defects.
(b) Without limiting any rights that the Owners Corporation may have under Part 2C of the
Home Building Act in relation to the Remedial Works performed by Ceerose Pty Ltd, the
Parties agree that:
14
i). Ceerose must rectify omissions and defects in the Remedial Works which Ceerose
is notified of within the period of 2 years from when the Remedial Works are
completed respectively.
ii). The Owners Corporations must notify Ceerose in writing of any omissions or
defects in the Remedial Works which need to be made good as soon as reasonably
practicable. Ceerose must complete rectification work to remedy the omissions
and defects in the Remedial Works at its own cost within 20 business days from
receipt of such notification (or as extended for the period of time that the Owners
Corporation fail to provide access in accordance with clause 4) and the Owners
Corporation must give Ceerose reasonable access required by Ceerose for this
purpose.
8. Indemnity
To the full extent permitted by law, Ceersoe will indemnify the Owners Corporation and
each owner or occupier of a lot within the building at the Complex and agrees to keep
them always indemnified, against any loss or liability for death, personal injury or
property damage and any costs, expenses, fines, losses or damages, which may be
incurred or sustained by the Owners Corporation, or the owner or occupier of a lot,
arising directly or indirectly, or as a consequence of, the carrying out of the Remedial
Works and any investigations and tests associated with or undertaken pursuant to the
undertaking of the remedial works. If such liability, loss, costs, expenses, fines, losses or
damages arising in whole or in part through the negligence of the Owners Corporation,
or an owner or occupier of a lot, the extent of the Ceersoe’s indemnity will be reduced
proportionality to the extent to which the negligence of the Owners Corporation, or an
owner or occupier of a lot, contributed to such liability, loss, costs, expenses, fine, loss
or damage.
9. Proceedings
15
In consideration of, among other things, the mutual promises contained in this
agreement, the Parties agree that the Proceedings are to be dismissed with each party
to bear their own costs. The parties shall sign and file with the Court a notice
substantially in accordance with that in schedule B to this agreement, within 21 days of
the execution of this agreement.
10. Costs
(a) The Owners Corporations and Ceerose must pay their own legal costs and other
expenses connected with the negotiation, preparation and execution of this agreement.
(b) The Remedial Works will be at no cost to the Owners Corporation. Ceerose must pay all
the Owners Corporation’s reasonable costs of and incidental to the Owners
Corporation’s performance of anything under this deed, including the engagement of
experts, consultants and lawyers. For the avoidance of doubt Ceerose will pay all costs
of the Owners Corporation’s Experts within 14 days of the Owners Corporation providing
Ceerose with a copy of a tax invoice from an Owners Corporation Expert.
11. Notices
(a) In this agreement, notices include any approvals, consents, instructions, orders,
directions, statements, requests and certificates or other communications that may be
given, or are required to be given, under this agreement.
(b) Unless expressly stated otherwise in this agreement, all notices must be:
i). In writing;
ii). If the party is a company, signed by the company’s directors or solicitors; and
16
iii). Either left at the registered address if the recipient of the notice, sent by prepaid
ordinary post, sent by fax or email, or given in any other way permitted by law.
(c) All notices take effect from the time they are received unless a later time is specified.
(d) If a notice delivered after 5pm on any day, the notice will be deemed to have been
received at the commencement of business on the next business day.
12. General Provisions
(a) Capacity to enter into agreement
Each Party represents and warrants to each other party that it has the power to execute,
deliver and perform its obligations under this agreement.
(b) Further Assurance
Each party must promptly at its own cost do all things reasonably necessary or desirable
to give full effect to this Agreement including, but not limited to:
i). executing and, if necessary, delivering all documents; and
ii). giving any instructions or directions to their respective experts.
13. Severability
If anything in this agreement is unenforceable, illegal or void, then it shall be severed

from this agreement and the rest of this agreement remains in force.
14. Entire Agreement
17
This agreement represents the entire understanding and agreement between the
Parties in relation to everything connected with the subject matter of this agreement
and supersedes any prior understanding or agreement between the Parties on anything
connected with that subject matter.
15. Variation
Any amendment to or variation of this agreement is not effective unless it is in writing

and signed by the Parties.
16. Waiver
(a) No failure to exercise and no delay in exercising any right, power or remedy under this
agreement will operate as a waiver. Nor will any single or partial exercise of any right,
power or remedy preclude any other or further exercise of that or any other right, power
or remedy.
(b) Any waiver of a right under this document is effective only if express and in writing. If
given subject to conditions, a waiver only takes effect subject to compliance with those
conditions. A waiver may be in whole or in part.
17. Assignment
A Party cannot assign any or all of its rights under this agreement without the prior
written consent of the other Party.
18. Jurisdiction
(a) This agreement is governed by the laws of New South Wales.
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(b) The Parties submit to the non-exclusive jurisdiction of the courts of New South Wales
and any courts which are entitled to hear appeals from them.
19. Counterparts
This agreement may be executed in counterparts and the executed counterparts taken
together shall constitute the one and the same instrument.
19
EXECUTED BY THE PARTIES AS AN AGREEMENT
The Common Seal of The Owners – Strata Plan No. 87368

was affixed on .............................................in the presence of:
…………………………………………..
Signature
…………………………………………..
Name
Being the person(s) authorised by section 273 of the Strata Schemes Management Act
2015 to attest the affixing of the seal.
EXECUTED BY Ceerose Pty Ltd

ACN 088 827 678 in accordance with section 127 of the
Corporations Act 2001 in the presence of:
…………………………………………..
Secretary
…………………………………………..
Director
20
ANNEXURE A
Defects list and agreed scope of works
ATTACHED IS THE LATEST VERSION OF THE

DEFECTS LIST CEEROSE SENT THE OWNERS
CORPORATION IN MAY 2022. THIS NEEDS TO
BE UPDATED TO ADD THE WINDOW LEAKING
DEFECTS TO UNITS 22, 38, 46, 50, 77, AND 130,
AS ADVISED TO CEEROSE BY THE BUILDING
MANAGER ON 9 AUGUST 2022 AND 14
FEBRUARY 2023.
21
ANNEXURE B
Consent Orders
CONSENT ORDERS
COURT DETAILS
Court Supreme Court of NSW
Division Civil
Registry Sydney
Case number 2021/00139969
TITLE OF PROCEEDINGS
Plaintiff The Owners – Strata Plan No. 87368
First Defendant Ceerose Pty Limited (ACN 088 827 678)

Second Defendant The Biscuit Factory Eastside Pty Ltd
PREPARATION DETAILS
Prepared for The Owners - Strata Plan No. 87368
Legal representative Colin Cunio, Strata Specialist Lawyers

Legal representative reference 1721
Contact name and telephone Colin Cunio – 0412 30 44 33
Contact email colincunio@strataspecialistlawyers.com.au
ORDERS MADE BY THE TRIBUNAL BY CONSENT
1 The proceedings as between the plaintiff, the first defendant and the second defendant
are dismissed.
2 Each party bear their own costs of the proceedings.
22
SIGNATURES
Plaintiff
The Owners - Strata Plan No. 87368
Signature of legal
representative
Capacity Solicitor for the Plaintiff
Date of signature
First Defendant
Ceerose Pty Limited, First Defendant, consents.
Signature of legal
representative
Capacity Solicitor for the First Defendant
Date of signature
Second Defendant
The Biscuit Factory Pty Limited, Second Defendant, consents.
Signature of legal
representative
Capacity Solicitor for the Second Defendant
Date of signature
SEAL AND SIGNATURE

Court seal
Signature
Capacity
Date made or given
Date entered
NOTICE
Subject to limited exceptions, no variation of a judgment or order can occur except on
application made within 14 days after entry of the judgment or order.
23
17 August 2023
The Secretary
C/- Bright & Duggan
CROWS NEST NSW 2065
By Email Only: louise.welman@bright-duggan.com.au
Dear Secretary,

Our Ref: CC:1721
This document, together with our General Terms of Business (copy attached) sets out the terms of our
offer to provide legal services to you and constitutes our costs agreement and disclosure pursuant to
the Legal Profession Uniform Law (NSW) (“the Uniform Law”).
If you do not understand any part of this document, please contact us before signing and returning
the document to us or instructing us any further.
Scope of Work
We have split the work up into the following parts:
Professional fees incurred to date – billed and paid by the owners $27,873.70
corporation.
Professional fees incurred to date – not yet billed to the owners corporation. $35,000.00
Professional fees, estimated until the completion of the Supreme Court $50,000.00
proceedings for the cladding defects only, including briefing experts to
prepare and finalise litigation ready reports, preparation and finalisation of
other evidence to be relied upon by the owners corporation, briefing Counsel
to advise on evidence and appear at the final hearing (estimated 3 day
hearing, and 3 day preparation), attending court ordered mediation
(estimated 1 day and 1 day preparation), preparation of submissions in
2
support of orders sought, corresponding and attending on the owners

corporation and the Court throughout the remainder of the matter, including
perusing judgment and reporting to the owners corporation on the outcome
of the judgment.
Estimated costs spend by the owners corporation on experts directly to date. $100,000.00
Estimated costs of experts to conduct an investigation of every cladding $125,000.00

defect and prepare litigation-ready reports, on the assumption that the
owners corporation will need to install scaffolding to undertake the
investigations.
Estimated cost of junior Counsel to prepare for and appear at the hearing $50,000.00
(estimated 3 day hearing, and 3 day preparation).
Estimate of Professional Fees and Disbursements
Please note the following includes costs already incurred by the owners corporation
On our present instructions, we estimate the cost of the work, inclusive of GST, to be:
Professional Fees: $ 112,873.70

of which $62,873.70 has already been incurred by the owners corporation
Disbursements: $ 275,000.00
TOTAL $ 387,873.70
Please note that this is an estimate only and not a fixed quotation. The total costs may exceed the
estimate. While the estimate is based on present information and instructions and our current
understanding from you as to what services are required, our costs may exceed the estimate, for
example, if further information becomes available or circumstances change which affect your
matter. In this event, we will provide you with a revised estimate as soon as practicable. Where
there is a significant change in your matter then as far as possible we will advise you of the impact
of the change on the legal costs.
Professional Fees
We will charge you:
(a) $500 per hour for professional fees for work we do (excluding GST);
(b) $150 per hour for paralegal or secretarial work we do (excluding GST).
The solicitor with principal responsibility for assisting you in this matter is Colin Cunio.
3
You will be proportionately charged for work involving periods less than an hour. Our charges are
structured in six minute units. For example, the time charged for an attendance of up to six minutes
will be one unit and the time charged for an attendance between six and 12 minutes will be two units.
Our rates are reviewed on a regular basis and may change during the course of your matter. In relation
to lengthy matters this may impact upon our cost estimates (which may be revised accordingly). You
will be given 30 days’ notice in writing of any changes to our charge out rates.
Internal Expenses
We may incur internal expenses in carrying out your instructions. You will be responsible for internal
expenses, as follows (excluding GST):
(a) Black and white photocopying: 50¢ per page
(b) Colour photocopying: $1 per page
(c) Document scanning: No charge
(d) Any facsimile transmission: At cost
(e) Mobile, national and international telephone calls: At cost
(f) Archiving fee (payable at start of your matter): $50
(g) Travel (please note this is additional to the hourly fee rate): $1.50 per km
Disbursements
We may incur disbursements (being money which we pay or are liable to pay to others on your behalf).
Disbursements may include search fees, court or tribunal filing fees, process server fees, witness
expenses, travel expenses, transcript expenses, external bulk photocopying and image scanning fees,
clerk lodgement of document fees, couriers and postage, bank charges, and barrister’s fees.
Where you instruct us to brief a barrister or other expert and they provide a disclosure and costs
agreement we will provide this to you.
Variables that may impact on the estimate
Some of the variables which may affect and change the costs estimate include:
(a) The number and duration of telephone calls or other communications;
(b) Your prompt and efficient response to requests for information or instructions;
(c) Whether your instructions are varied;
(d) Whether documents have to be revised in light of varied instructions;
(e) The lawyer or other persons with whom we deal and the level of co-operation of the lawyer’s
clients and other persons involved;
4
(f) Changes in the law; and
(g) The complexity or uncertainty concerning legal issues affecting your matter.
Costs Payable and Recoverable on Litigation Outcome
Litigation is generally protracted and expensive. We will never guarantee any outcome in any
litigation.
Even if you are successful in proceedings and have a costs order in your favour it is unlikely that you
will recover all of the costs you must pay us from another party. If you do have a costs order in you
favour, it may still be necessary to seek to enforce such costs order e.g. through the assessment
system. This can be time consuming and costly. The possible costs associated with such potential
enforcement proceedings are not dealt with in this document, but we will advise you of them should
the relevant circumstances arise. It is also possible that you will be unable to recover the costs from
the other party (for example, if the party goes into liquidation or becomes bankrupt); nonetheless you
will still have to pay us.
If you lose the litigation, then it is likely that you will have to pay the costs of the other party - either
an amount you can both agree on or if no agreement can be reached then an amount of costs assessed
by a costs assessor as payable. However, a Court or Tribunal always has a discretion in relation to
costs orders.
Acceptance of Costs Agreement
You may accept this offer in writing, by signing the acknowledgement on the next page, or by
continuing to instruct us. If you accept this offer, you are taken to have entered into a costs agreement
with us. This means you will be bound by the terms and conditions set out in this document and our
General Terms of Business, including those that relate to billing.
Failure to accept our offer within 14 days of the date of this document may result in the immediate
withdrawal of our offer to act on your behalf.
Where this cost agreement is addressed to more than one party, those parties are jointly and severally
bound by it. A party who does not intend to be bound by this costs agreement must advise us in
writing. In those circumstances, we reserve the right to decline to act further or at all for the remaining
parties.
Yours faithfully
Colin Cunio
Principal
General Terms of Business 5
1 Billing arrangements and due payments (vii) Notify us that you require an interstate costs
law to apply to your matter.
(a) We may issue a tax invoice each month or more
frequently depending on the nature of the work. (b) If you request an itemised bill and the total
amount of the legal costs specified in it exceeds
(b) All tax invoices are due and payable seven days
the amount previously specified in the lump sum
from the date of the tax invoice.
bill for the same matter, the additional costs may
(c) You consent to our sending tax invoices to you be recovered by us only if:
electronically at your usual email address or
(i) When the lump sum bill is given, we inform
mobile phone number, or as specified by you.
you in writing that the total amount of the
2 Acceptance of offer legal costs specified in any itemised bill may
be higher than the amount specified in the
(a) You may accept the costs agreement and lump sum bill, and
disclosure by:
(ii) The costs are determined to be payable after
(i) Signing and returning this document to us; a costs assessment or after a binding
or determination under Section 292 of the
(ii) Providing other written acceptance to us; or Uniform Law.
(iii) Continuing to instruct us. (c) Nothing in these terms affects your rights under
the Australian Consumer Law.
(b) Upon acceptance you agree to pay for our services
on these terms. 6 Your rights in relation to a dispute concerning costs
3 Interest charges If you have a dispute in relation to any aspect of our

legal costs you have the following avenues of redress:
(a) Interest at the maximum rate prescribed in Rule
75 of the Legal Profession Uniform General Rules (a) In the first instance we encourage you to discuss
2015 (“Uniform General Rules”) (being the Cash your concerns with us so that any issue can be
Rate Target set by the Reserve Bank of Australia identified and we can have the opportunity of
plus 2%) will be charged on any amounts unpaid resolving the matter promptly and without it
after the expiry of 7 days after a tax invoice is given affecting our business relationship;
to you. (b) You may apply to the Manager, Costs Assessment
(b) Our tax invoices will specify the interest rate to be located at the Supreme Court of New South Wales
charged on unpaid costs. for an assessment of our costs. This application
must be made within 12 months after the bill was
4 Recovery of costs provided or request for payment made or after the
The Legal Profession Uniform Law (NSW) (“the costs were paid.
Uniform Law”) provides that we cannot take action for 7 Payment methods and allocation of money paid
recovery of legal costs until 30 days after a tax invoice
(which complies with the Uniform Law) has been given (a) It is our policy, when acting for new clients, to
to you. either approve credit, ask the client for their credit
card details, and/or ask to pay us in advance, some
5 Your rights money on account of payments which will be
(a) It is your right to: made to others and our costs.
(i) Negotiate a costs agreement with us; (b) Unless otherwise agreed with you, we may
determine not to incur fees or expenses in excess
(ii) Negotiate the method of billing (e.g. task of the amount for which credit is approved.
based or time based);
(c) We do not operate a trust account.
(iii) Request and receive an itemised bill within
30 days after a lump sum bill or partially (d) Upon receipt of your payment of any account you
itemised bill is payable; authorise this firm to pay the monies directly into
our office account and to use those monies to pay
(iv) Seek the assistance of the designated local our charges and expenses. We may ask you to pay
regulatory authority (the NSW us an amount up front to satisfy future legal fees
Commissioner) in the event of a dispute and to provide us with the security for those fees.
about legal costs; In the event that we ask for an upfront payment
(v) Be notified as soon as is reasonably from you we will advise you of any credit you are
practicable of any substantial change to any entitled to be given and we will confirm from time
matter affecting costs; to time how the upfront payment has been
satisfied by interim accounts which we have
(vi) Accept or reject any offer we make for an rendered.
interstate costs law to apply to your matter;
and
6
8 Disclosure about advanced payments (iii) If you fail to provide us with clear and timely
instructions to enable us to advance your
In respect of any monies we receive from you that are
matter, for example, compromising our
paid by you in advance for our professional fees,
ability to comply with Court directions,
disbursements, and/or expenses, you acknowledge
orders or practice notes;
that by accepting this agreement, we have notified
you, that such money paid in advance: (iv) If you refuse to accept our advice;
(a) Is payment for costs and/or disbursements and/or (v) If you indicate to us or we form the view that
expenses that will not be treated as trust money; you have lost confidence in us;
(b) Will not be deposited into a trust account but will (vi) If there are any ethical grounds which we
be deposited into our office account; consider require us to cease acting for you,
for example a conflict of interest;
(c) If overpaid by you, will be treated as a debt due to
you; (vii) For any other reason outside our control
which has the effect of compromising our
(d) Where paid in advance for disbursements, those
ability to perform the work required within
disbursements will be paid by us when due.
the required timeframe; or
9 Debiting your credit card
(viii) If in our sole discretion we consider it is no
(a) You authorise us to debit your credit card with all longer appropriate to act for you; or
professional fees, disbursements and internal
(ix) For just cause.
expenses owing to us for which you are liable
under the costs agreement and disclosure, and/or (b) We will give you reasonable written notice of
on account of payments which will be made to termination of our services. You will be required to
others and our costs. pay our costs incurred up to the date of
termination.
(b) For payment of our tax invoices, in the absence of
any notification from you that the any part of our 12 Termination by you
(a) You may terminate our services by written notice
expenses as noted on our tax invoice or the tax
at any time.
invoice of a third party are disputed, we will debit
your credit card on the last available day under the (b) However, if you do so you will be required to pay
tax invoice. our costs incurred up to the date of termination
(including if the matter is litigious, any cancellation
(c) We will charge you a merchant fee for debiting
fees or other fees such as hearing allocation fees
your credit card. The merchant fee is up to 1.5%
for which we remain responsible).
inclusive of GST unless we inform you of a
different amount. 13 Lien
10 Retention of your documents (a) Without affecting any lien to which we are
otherwise entitled at law over funds, papers and
(a) On completion of your work, or following
other property of yours:
termination (by either party) of our services, we
will retain your documents for 7 years. Your (i) We shall be entitled to retain by way of lien
agreement to these terms constitutes your any funds, property or papers of yours,
authority for us to destroy the file after those 7 which are from time to time in our
years. The authority does not relate to any possession or control, until all costs,
documents which are deposited in safe custody. disbursements, interest and other moneys
These, subject to agreement, will be retained on due to the firm have been paid; and
your behalf indefinitely. We are entitled to retain
your documents while there is money owing to us (ii) Our lien will continue notwithstanding that
for our costs. we cease to act for you.
(b) You will be liable for the cost of storing and (b) Should we be required by a Court of Tribunal to
retrieving documents in storage and our produce or to copy documents the subject of our
professional fees in connection with this. lien, you will be liable for the costs of copying
and/or producing those documents, at the rate set
11 Termination by us out in this agreement.
(a) We may cease to act for you or refuse to perform 14 Privacy
further work:
(a) We will collect personal information from you in
(i) While any of our tax invoices remain unpaid; the course of providing our legal services. We may
also obtain personal information from third party
(ii) If you do not within 7 days comply with any
searches, other investigations and, sometimes,
request to pay an amount in respect of
from adverse parties.
disbursements or future costs;
7
(b) We are required to collect the full name and 15 Sending material electronically
address of our clients by Rule 93 of the Uniform
(a) We are able to send and receive documents
General Rules. Accurate name and address
electronically. However, as such transmission is
information must also be collected in order to
not secure it may be copied, recorded, read or
comply with our duty to the courts.
interfered with by third parties while in transit.
(c) Your personal information will only be used for the
(b) You agree that all written communication will be
purposes for which it is collected or in accordance
undertaken electronically where available. You
with the Privacy Act 1988 (Cth). For example, we
agree that in relation to any document
may use your personal information to provide
transmitted electronically, you release us from
advice and recommendations that take into
any claim you may have as a result of any
account your personal circumstances.
unauthorised copying, recording, reading or
(d) If you do not provide us with the full name and interference with that document, for any delay or
address information required by law we cannot non-delivery of any document and for any damage
act for you. If you do not provide us with the other caused to your system or any files.
personal information that we request our advice
16 Electronic retention and storage of documents
may be wrong for you or misleading.
(a) We will retain and store all documents in your
(e) Depending on the nature of your matter the types
matter electronically. Any physical document
of bodies to whom we may disclose your personal
received by us will be electronically scanned and
information include the courts, the other party or
stored in an electronic file and the original will be
parties to litigation, experts and barristers,
destroyed (except for any deed, contract, affidavit
Revenue NSW, PEXA Limited, the NSW Land
or statutory declaration containing original
Registry Services, the Registrar General and third
signatures).
parties involved in the completion or processing of
a transaction. (b) In the event you want a hard copy of any
document we have stored electronically (including
(f) We do not disclose your information overseas
your entire file), you will be liable for the costs of
unless your instructions involve dealing with
copying and/or producing those documents, at
parties located overseas. If your matter involves
the rate set out in this agreement, despite the
parties overseas we may disclose select personal
original of that document having been destroyed
information to overseas recipients associated with
after it was initially received by us.
that matter in order to carry out your instructions.
17 GST
(g) We manage and protect your personal
information in accordance with our privacy policy (a) Where applicable, GST is payable on our
[which can be found on our firm website or a copy professional fees and expenses and will be clearly
of which we shall provide at your request]. Our shown on our tax invoices.
privacy policy contains information about how you
can access and correct the personal information (b) By accepting these terms you agree to pay us an
we hold about you and how you can raise any amount equivalent to the GST imposed on these
concerns about our personal information handling charges.
practices. For more information, please contact us 18 Governing law
in writing.
The law of New South Wales governs these terms and
legal costs in relation to any matter upon which we are
instructed to act.
19 Communications
(a) We will communicate with you during normal
business hours (9am to 5pm Monday to Friday).
(b) Occasionally we will communicate with you

outside of normal business hours. If we do, you
should not assume we are contactable outside
normal business hours and should not expect any
response from us during that time.
8
Acceptance of Offer to Enter into a Costs Agreement
I/We, _____________________________________________________________________ accept

the terms of this costs agreement and instruct Colin Cunio Solicitors Pty Ltd t/as Strata Specialist
Lawyers to undertake the scope of work. I/We have read and understood the terms of this cost
agreement including the general terms of business.
......................................................................... .........................................................................
(Signature of Client 1) (Signature of Client 2)
Print Name: __________________________ Print Name: ___________________________
Date: __________________________ Date: ___________________________
Capacity: __________________________ Capacity: ___________________________

(if not signed by client) (if not signed by client)
Credit Card Authorisation
Name on Card: _______________________________________________________________
Billing Address: _______________________________________________________________
_______________________________________________________________
Credit Card Type: Visa _______ Mastercard ________
Credit Card Number: _______________________________________________________________
Expiry Date: _______________________________________________________________
CCV: _________ (last 3 digits located on the back of the credit card)
By completing and signing this form, you authorise Colin Cunio Solicitors Pty Ltd to debit actual and
estimated professional fees, disbursements, internal expenses, and any other money payable to Colin
Cunio Solicitors Pty Ltd, including a merchant fee up to a maximum of 1.5% of the total amount
debited.
Signature: ______________________________________________
Date: ______________________________________________
Print Name: ______________________________________________

17 August 2023
The Secretary
C/- Bright & Duggan
CROWS NEST NSW 2065
By Email Only: louise.welman@bright-duggan.com.au
Dear Secretary,

Our Ref: CC:1721
This document, together with our General Terms of Business (copy attached) sets out the terms of our
offer to provide legal services to you and constitutes our costs agreement and disclosure pursuant to
the Legal Profession Uniform Law (NSW) (“the Uniform Law”).
If you do not understand any part of this document, please contact us before signing and returning
the document to us or instructing us any further.
Scope of Work
We have split the work up into the following parts:
Professional fees incurred to date – billed and paid by the owners $27,873.70
corporation.
Professional fees incurred to date – not yet billed to the owners corporation. $35,000.00
Professional fees, estimated until the completion of the Supreme Court $100,000.00
proceedings, including briefing experts to prepare and finalise litigation ready
reports, preparation and finalisation of other evidence to be relied upon by
the owners corporation, briefing Counsel to advise on evidence and appear
at the final hearing (estimated 3 day hearing, and 3 day preparation),
attending court ordered mediation (estimated 1 day and 1 day preparation),
preparation of submissions in support of orders sought, corresponding and
2
attending on the owners corporation and the Court throughout the

remainder of the matter, including perusing judgment and reporting to the
owners corporation on the outcome of the judgment.
Estimated costs spend by the owners corporation on experts directly to date. $100,000.00
Estimated costs of experts to conduct an investigation of every cladding and $250,000.00

facade defect and prepare litigation-ready reports, on the assumption that
the owners corporation will need to install scaffolding to undertake the
investigations.
Estimated cost of junior Counsel to prepare for and appear at the hearing $50,000.00
(estimated 3 day hearing, and 3 day preparation).
Estimate of Professional Fees and Disbursements
Please note the following includes costs already incurred by the owners corporation
On our present instructions, we estimate the cost of the work, inclusive of GST, to be:
Professional Fees: $ 162,873.70

Disbursements: $ 400,000.00
TOTAL $ 562,873.70
Please note that this is an estimate only and not a fixed quotation. The total costs may exceed the
estimate. While the estimate is based on present information and instructions and our current
understanding from you as to what services are required, our costs may exceed the estimate, for
example, if further information becomes available or circumstances change which affect your
matter. In this event, we will provide you with a revised estimate as soon as practicable. Where
there is a significant change in your matter then as far as possible we will advise you of the impact
of the change on the legal costs.
Professional Fees
We will charge you:
(a) $500 per hour for professional fees for work we do (excluding GST);
(b) $150 per hour for paralegal or secretarial work we do (excluding GST).
The solicitor with principal responsibility for assisting you in this matter is Colin Cunio.
You will be proportionately charged for work involving periods less than an hour. Our charges are
structured in six minute units. For example, the time charged for an attendance of up to six minutes
will be one unit and the time charged for an attendance between six and 12 minutes will be two units.
3
Our rates are reviewed on a regular basis and may change during the course of your matter. In relation
to lengthy matters this may impact upon our cost estimates (which may be revised accordingly). You
will be given 30 days’ notice in writing of any changes to our charge out rates.
Internal Expenses
We may incur internal expenses in carrying out your instructions. You will be responsible for internal
expenses, as follows (excluding GST):
(a) Black and white photocopying: 50¢ per page
(b) Colour photocopying: $1 per page
(c) Document scanning: No charge
(d) Any facsimile transmission: At cost
(e) Mobile, national and international telephone calls: At cost
(f) Archiving fee (payable at start of your matter): $50
(g) Travel (please note this is additional to the hourly fee rate): $1.50 per km
Disbursements
We may incur disbursements (being money which we pay or are liable to pay to others on your behalf).
Disbursements may include search fees, court or tribunal filing fees, process server fees, witness
expenses, travel expenses, transcript expenses, external bulk photocopying and image scanning fees,
clerk lodgement of document fees, couriers and postage, bank charges, and barrister’s fees.
Where you instruct us to brief a barrister or other expert and they provide a disclosure and costs
agreement we will provide this to you.
Variables that may impact on the estimate
Some of the variables which may affect and change the costs estimate include:
(a) The number and duration of telephone calls or other communications;
(b) Your prompt and efficient response to requests for information or instructions;
(c) Whether your instructions are varied;
(d) Whether documents have to be revised in light of varied instructions;
(e) The lawyer or other persons with whom we deal and the level of co-operation of the lawyer’s
clients and other persons involved;
(f) Changes in the law; and
(g) The complexity or uncertainty concerning legal issues affecting your matter.
4
Costs Payable and Recoverable on Litigation Outcome
Litigation is generally protracted and expensive. We will never guarantee any outcome in any
litigation.
Even if you are successful in proceedings and have a costs order in your favour it is unlikely that you
will recover all of the costs you must pay us from another party. If you do have a costs order in you
favour, it may still be necessary to seek to enforce such costs order e.g. through the assessment
system. This can be time consuming and costly. The possible costs associated with such potential
enforcement proceedings are not dealt with in this document, but we will advise you of them should
the relevant circumstances arise. It is also possible that you will be unable to recover the costs from
the other party (for example, if the party goes into liquidation or becomes bankrupt); nonetheless you
will still have to pay us.
If you lose the litigation, then it is likely that you will have to pay the costs of the other party - either
an amount you can both agree on or if no agreement can be reached then an amount of costs assessed
by a costs assessor as payable. However, a Court or Tribunal always has a discretion in relation to
costs orders.
Acceptance of Costs Agreement
You may accept this offer in writing, by signing the acknowledgement on the next page, or by
continuing to instruct us. If you accept this offer, you are taken to have entered into a costs agreement
with us. This means you will be bound by the terms and conditions set out in this document and our
General Terms of Business, including those that relate to billing.
Failure to accept our offer within 14 days of the date of this document may result in the immediate
withdrawal of our offer to act on your behalf.
Where this cost agreement is addressed to more than one party, those parties are jointly and severally
bound by it. A party who does not intend to be bound by this costs agreement must advise us in
writing. In those circumstances, we reserve the right to decline to act further or at all for the remaining
parties.
Yours faithfully
Colin Cunio
Principal
General Terms of Business 5
1 Billing arrangements and due payments (vii) Notify us that you require an interstate costs
law to apply to your matter.
(a) We may issue a tax invoice each month or more
frequently depending on the nature of the work. (b) If you request an itemised bill and the total
amount of the legal costs specified in it exceeds
(b) All tax invoices are due and payable seven days
the amount previously specified in the lump sum
from the date of the tax invoice.
bill for the same matter, the additional costs may
(c) You consent to our sending tax invoices to you be recovered by us only if:
electronically at your usual email address or
(i) When the lump sum bill is given, we inform
mobile phone number, or as specified by you.
you in writing that the total amount of the
2 Acceptance of offer legal costs specified in any itemised bill may
be higher than the amount specified in the
(a) You may accept the costs agreement and lump sum bill, and
disclosure by:
(ii) The costs are determined to be payable after
(i) Signing and returning this document to us; a costs assessment or after a binding
or determination under Section 292 of the
(ii) Providing other written acceptance to us; or Uniform Law.
(iii) Continuing to instruct us. (c) Nothing in these terms affects your rights under
the Australian Consumer Law.
(b) Upon acceptance you agree to pay for our services
on these terms. 6 Your rights in relation to a dispute concerning costs
3 Interest charges If you have a dispute in relation to any aspect of our

legal costs you have the following avenues of redress:
(a) Interest at the maximum rate prescribed in Rule
75 of the Legal Profession Uniform General Rules (a) In the first instance we encourage you to discuss
2015 (“Uniform General Rules”) (being the Cash your concerns with us so that any issue can be
Rate Target set by the Reserve Bank of Australia identified and we can have the opportunity of
plus 2%) will be charged on any amounts unpaid resolving the matter promptly and without it
after the expiry of 7 days after a tax invoice is given affecting our business relationship;
to you. (b) You may apply to the Manager, Costs Assessment
(b) Our tax invoices will specify the interest rate to be located at the Supreme Court of New South Wales
charged on unpaid costs. for an assessment of our costs. This application
must be made within 12 months after the bill was
4 Recovery of costs provided or request for payment made or after the
The Legal Profession Uniform Law (NSW) (“the costs were paid.
Uniform Law”) provides that we cannot take action for 7 Payment methods and allocation of money paid
recovery of legal costs until 30 days after a tax invoice
(which complies with the Uniform Law) has been given (a) It is our policy, when acting for new clients, to
to you. either approve credit, ask the client for their credit
card details, and/or ask to pay us in advance, some
5 Your rights money on account of payments which will be
(a) It is your right to: made to others and our costs.
(i) Negotiate a costs agreement with us; (b) Unless otherwise agreed with you, we may
determine not to incur fees or expenses in excess
(ii) Negotiate the method of billing (e.g. task of the amount for which credit is approved.
based or time based);
(c) We do not operate a trust account.
(iii) Request and receive an itemised bill within
30 days after a lump sum bill or partially (d) Upon receipt of your payment of any account you
itemised bill is payable; authorise this firm to pay the monies directly into
our office account and to use those monies to pay
(iv) Seek the assistance of the designated local our charges and expenses. We may ask you to pay
regulatory authority (the NSW us an amount up front to satisfy future legal fees
Commissioner) in the event of a dispute and to provide us with the security for those fees.
about legal costs; In the event that we ask for an upfront payment
(v) Be notified as soon as is reasonably from you we will advise you of any credit you are
practicable of any substantial change to any entitled to be given and we will confirm from time
matter affecting costs; to time how the upfront payment has been
satisfied by interim accounts which we have
(vi) Accept or reject any offer we make for an rendered.
interstate costs law to apply to your matter;
and
6
8 Disclosure about advanced payments (iii) If you fail to provide us with clear and timely
instructions to enable us to advance your
In respect of any monies we receive from you that are
matter, for example, compromising our
paid by you in advance for our professional fees,
ability to comply with Court directions,
disbursements, and/or expenses, you acknowledge
orders or practice notes;
that by accepting this agreement, we have notified
you, that such money paid in advance: (iv) If you refuse to accept our advice;
(a) Is payment for costs and/or disbursements and/or (v) If you indicate to us or we form the view that
expenses that will not be treated as trust money; you have lost confidence in us;
(b) Will not be deposited into a trust account but will (vi) If there are any ethical grounds which we
be deposited into our office account; consider require us to cease acting for you,
for example a conflict of interest;
(c) If overpaid by you, will be treated as a debt due to
you; (vii) For any other reason outside our control
which has the effect of compromising our
(d) Where paid in advance for disbursements, those
ability to perform the work required within
disbursements will be paid by us when due.
the required timeframe; or
9 Debiting your credit card
(viii) If in our sole discretion we consider it is no
(a) You authorise us to debit your credit card with all longer appropriate to act for you; or
(ix) For just cause.
expenses owing to us for which you are liable
under the costs agreement and disclosure, and/or (b) We will give you reasonable written notice of
on account of payments which will be made to termination of our services. You will be required to
others and our costs. pay our costs incurred up to the date of
termination.
(b) For payment of our tax invoices, in the absence of
any notification from you that the any part of our 12 Termination by you
(a) You may terminate our services by written notice
expenses as noted on our tax invoice or the tax
at any time.
invoice of a third party are disputed, we will debit
your credit card on the last available day under the (b) However, if you do so you will be required to pay
tax invoice. our costs incurred up to the date of termination
(including if the matter is litigious, any cancellation
(c) We will charge you a merchant fee for debiting
fees or other fees such as hearing allocation fees
your credit card. The merchant fee is up to 1.5%
for which we remain responsible).
inclusive of GST unless we inform you of a
different amount. 13 Lien
10 Retention of your documents (a) Without affecting any lien to which we are
otherwise entitled at law over funds, papers and
(a) On completion of your work, or following
other property of yours:
termination (by either party) of our services, we
will retain your documents for 7 years. Your (i) We shall be entitled to retain by way of lien
agreement to these terms constitutes your any funds, property or papers of yours,
authority for us to destroy the file after those 7 which are from time to time in our
years. The authority does not relate to any possession or control, until all costs,
documents which are deposited in safe custody. disbursements, interest and other moneys
These, subject to agreement, will be retained on due to the firm have been paid; and
your behalf indefinitely. We are entitled to retain
your documents while there is money owing to us (ii) Our lien will continue notwithstanding that
for our costs. we cease to act for you.
(b) You will be liable for the cost of storing and (b) Should we be required by a Court of Tribunal to
retrieving documents in storage and our produce or to copy documents the subject of our
professional fees in connection with this. lien, you will be liable for the costs of copying
and/or producing those documents, at the rate set
11 Termination by us out in this agreement.
(a) We may cease to act for you or refuse to perform 14 Privacy
further work:
(a) We will collect personal information from you in
(i) While any of our tax invoices remain unpaid; the course of providing our legal services. We may
also obtain personal information from third party
(ii) If you do not within 7 days comply with any
searches, other investigations and, sometimes,
request to pay an amount in respect of
from adverse parties.
disbursements or future costs;
7
(b) We are required to collect the full name and 15 Sending material electronically
address of our clients by Rule 93 of the Uniform
(a) We are able to send and receive documents
General Rules. Accurate name and address
electronically. However, as such transmission is
information must also be collected in order to
not secure it may be copied, recorded, read or
comply with our duty to the courts.
interfered with by third parties while in transit.
(c) Your personal information will only be used for the
(b) You agree that all written communication will be
purposes for which it is collected or in accordance
undertaken electronically where available. You
with the Privacy Act 1988 (Cth). For example, we
agree that in relation to any document
may use your personal information to provide
transmitted electronically, you release us from
advice and recommendations that take into
any claim you may have as a result of any
account your personal circumstances.
unauthorised copying, recording, reading or
(d) If you do not provide us with the full name and interference with that document, for any delay or
address information required by law we cannot non-delivery of any document and for any damage
act for you. If you do not provide us with the other caused to your system or any files.
personal information that we request our advice
16 Electronic retention and storage of documents
may be wrong for you or misleading.
(a) We will retain and store all documents in your
(e) Depending on the nature of your matter the types
matter electronically. Any physical document
of bodies to whom we may disclose your personal
received by us will be electronically scanned and
information include the courts, the other party or
stored in an electronic file and the original will be
parties to litigation, experts and barristers,
destroyed (except for any deed, contract, affidavit
Revenue NSW, PEXA Limited, the NSW Land
or statutory declaration containing original
Registry Services, the Registrar General and third
signatures).
parties involved in the completion or processing of
a transaction. (b) In the event you want a hard copy of any
document we have stored electronically (including
(f) We do not disclose your information overseas
your entire file), you will be liable for the costs of
unless your instructions involve dealing with
copying and/or producing those documents, at
parties located overseas. If your matter involves
the rate set out in this agreement, despite the
parties overseas we may disclose select personal
original of that document having been destroyed
information to overseas recipients associated with
after it was initially received by us.
that matter in order to carry out your instructions.
17 GST
(g) We manage and protect your personal
information in accordance with our privacy policy (a) Where applicable, GST is payable on our
[which can be found on our firm website or a copy professional fees and expenses and will be clearly
of which we shall provide at your request]. Our shown on our tax invoices.
privacy policy contains information about how you
can access and correct the personal information (b) By accepting these terms you agree to pay us an
we hold about you and how you can raise any amount equivalent to the GST imposed on these
concerns about our personal information handling charges.
practices. For more information, please contact us 18 Governing law
in writing.
The law of New South Wales governs these terms and
legal costs in relation to any matter upon which we are
instructed to act.
19 Communications
(a) We will communicate with you during normal
business hours (9am to 5pm Monday to Friday).
(b) Occasionally we will communicate with you

outside of normal business hours. If we do, you
should not assume we are contactable outside
normal business hours and should not expect any
response from us during that time.
8
Acceptance of Offer to Enter into a Costs Agreement
I/We, _____________________________________________________________________ accept

the terms of this costs agreement and instruct Colin Cunio Solicitors Pty Ltd t/as Strata Specialist
Lawyers to undertake the scope of work. I/We have read and understood the terms of this cost
agreement including the general terms of business.
......................................................................... .........................................................................
(Signature of Client 1) (Signature of Client 2)
Print Name: __________________________ Print Name: ___________________________
Date: __________________________ Date: ___________________________
Capacity: __________________________ Capacity: ___________________________

(if not signed by client) (if not signed by client)
Credit Card Authorisation
Name on Card: _______________________________________________________________
Billing Address: _______________________________________________________________
_______________________________________________________________
Credit Card Type: Visa _______ Mastercard ________
Credit Card Number: _______________________________________________________________
Expiry Date: _______________________________________________________________
CCV: _________ (last 3 digits located on the back of the credit card)
By completing and signing this form, you authorise Colin Cunio Solicitors Pty Ltd to debit actual and
estimated professional fees, disbursements, internal expenses, and any other money payable to Colin
Cunio Solicitors Pty Ltd, including a merchant fee up to a maximum of 1.5% of the total amount
debited.
Signature: ______________________________________________
Date: ______________________________________________
Print Name: ______________________________________________

DNA - INTERIOR PAINT COLOURS
BUILDING ALL LEVELS WALLS ALL LEVELS, DOOR, FRAMES, ALL LEVELS WALLS GROUND FLOOR FEATURE BASEMENT LIFT
ALL CEILINGS
D1 CORRIDORS SKIRTING GARBAGE ROOMS WALL SURROUND WALL
PREMIUM FLAT
WHITE on WHITE WHITE WHITE on WHITE PILGRIM SOUL PILGRIM SOUL
ACRYLIC WHITE ON
LEXICON QUARTER Finish: GLOSS LEXICON QUARTER (blue colour) (blue colour)
WHITE
ALL CEILINGS
D2 CORRIDORS SKIRTING GARBAGE ROOMS WALL SURROUND WALL
PREMIUM FLAT
WHITE on WHITE WHITE WHITE on WHITE EARLY LEAF EARLY LEAF
ACRYLIC WHITE ON
LEXICON QUARTER Finish: GLOSS LEXICON QUARTER (green colour) (green colour)
WHITE
ALL CEILINGS
N1 CORRIDORS SKIRTING GARBAGE ROOMS WALL SURROUND WALL
PREMIUM FLAT
WHITE on WHITE WHITE WHITE on WHITE LAURASIA LAURASIA
ACRYLIC WHITE ON
LEXICON QUARTER Finish: GLOSS LEXICON QUARTER (orange colour) (orange colour)
WHITE
ALL CEILINGS
N2 CORRIDORS SKIRTING GARBAGE ROOMS WALL SURROUND WALL
PREMIUM FLAT
WHITE on WHITE WHITE WHITE on WHITE DREAMING DREAMING
ACRYLIC WHITE ON
LEXICON QUARTER Finish: GLOSS LEXICON QUARTER (purple colour) (purple colour)
WHITE
ALL CEILINGS
A CORRIDORS SKIRTING GARBAGE ROOMS WALL SURROUND WALL
PREMIUM FLAT
WHITE on WHITE WHITE WHITE on WHITE CROWD OF STARS NAVY CROWD OF STARS NAVY
ACRYLIC WHITE ON
LEXICON QUARTER Finish: GLOSS LEXICON QUARTER (dark blue colour) (dark blue colour)
WHITE
Voting Declaration – ignore if voting electronically
1. Complete all the information requested below.
2. Ensure that you sign this voting form.
3. Return the completed voting form and voting paper via the below methods.
State the capacity in which you exercise your right to vote:
☐ Owner ☐ Proxy ☐ Power of Attorney ☐ Other
…………………………………………………….…………………………………………………………
State your name/s:
………………………………………………………………………………………………….……………
(all registered names must be included as they appear in the strata roll)
State the lot/s in respect of which your vote is cast:
……………………………………………….....……
If you are casting a proxy vote, state the name/s and capacity of the person who gave you the
proxy:
……………………………………………………………………………………………….………………
(all registered names must be included as they appear in the strata roll)
……………………………………………………………………………………………….………………
☐ Owner ☐ Proxy ☐ Power of Attorney ☐ Other
……………………………………………………………………………………….………………………
Signature/s:
……………………………………………………………………………………….………………………
Postal Method Attn: The Secretary - DNA Plan No. 87368

C/- Bright & Duggan Pty Ltd
PO Box 281
CROWS NEST NSW 1585
Email Method Attn:Louise Wellman


DATE, PLACE &

87368 was held on Tuesday, 30 November, 2021 by way of
teleconference / videoconference. The meeting commenced at
5:30pm.
PRESENT: M S Sanchez-Ortega (Lot 6), A M Oates (Lots 1 & 136),

P E Spiers (Lot 15), M Prasad (Lot 36), D F Guo (Lot 44),
G & D Tilley (Lot 49), J S Glanville (Lot 52), I B Robinson
(Lot 54), D Kuziow (Lot 57), D Kalogeropoulos (Lot 74),
D Henry (Lot 87), N Lim & C Billaud (Lot 106), J A Muir
(Lot 129)
IN ATTENDANCE: S Lo (Lot 70), M F Merlo (Lot 77)
P Domazetovski (Change Strata Management Pty Limited)
CHAIRPERSON /
Note – As there was no quorum present following half an hour of the scheduled commencement
time, after putting the matter to the owners present, it was agreed by all present that those
owners present in person and proxy would constitute the quorum for the purposes of the
meeting and was declared as such by the Chairman of the meeting in accordance with Schedule
1, Part 3, Clause 17(4) of the Strata Schemes Management Act, 2015.
1. MINUTES:
Corporation held on Wednesday, 18 November, 2020 be confirmed as a true
and accurate account of the proceedings of that meeting.
2. INSURANCE:



Period of Insurance To: 14 September, 2022



Appeal Expenses
Flood: Selected
Excesses:

- Flood Claim $5,000
- Earthquake Claim $5,000
- Building & Common Contents Claim $5,000
- Machinery Breakdown Claim $300

UW Levy: $105.00
GST: $8,191.78

insurances:
Act; and
2.3 RESOLVED that Change Strata Management Pty Limited be authorised to

seek quotations for the schemes insurance renewal from appropriate policy
providers and forward them to the Strata Committee for approval.
3.1 RESOLVED that Change Strata Management report to the Owners

Corporation as to whether, and what, commissions or training services have
been provided or paid for Change Strata Management in the last 12 months
and are likely to be provided to or paid for Change Strata Management for
the following 12 months.

Management in the last 12 months in connection with the exercise of
functions for the scheme by Change Strata Management.

Commission
September, $7,641.28 BAC Brokers Works
2021 associated with
assisting
insurance
broker with all
the strata plan’s
insurance
related matters.


Management for the following 12 months in connection with the exercise of

September, ~$7.5-$8K BAC Brokers Works
assisting
insurance
broker with all
the strata plan’s
insurance
related matters.
Strata Management in the last 12 months in connection with the exercise of

N/A N/A N/A N/A
Strata Management for the following 12 months in connection with the
exercise of functions for the scheme by Change Strata Management.

Service Service
N/A N/A N/A N/A

Corporation.

Fund Plan and, if necessary, revise or replace that Plan.
RESOLVED that the Owners Corporation authorise and direct Change Strata
Management to obtain quotations from a suitably qualified consultant for
the purpose of preparing a 10 Year Capital Works Fund.
7. BUDGET FOR 2021 – 2022:
7.1 RESOLVED that in accordance with section 79(1) and (2) of the Act, the
Owners Corporation estimates that in respect of the period from 1
administrative and capital works funds for actual and expected
expenditure referred to in those subsections the amounts set out in the
attached budget.
8.1 RESOLVED that in accordance with section 81 of the Act, the Owners
Corporation determines that the following amounts are to be levied, to raise
the amounts estimated as needing to be credited to the administrative and
capital works funds:
8.2 RESOLVED that the administrative fund contributions be paid in installments

being:



2021; and

2022; and

2022.
being:


2021; and

and

and

2022.
fund and capital works fund contributions be continued at quarterly intervals
until further determined.


that is greater than the amount specified for the item or matter (plus 10%) in
estimates provided for that item or matter in the budget adopted at the
meeting:
(a) Generally

cases as follows:


within 12 months.



Strata Management and the Strata Committee to take all necessary steps,
set out in (a) – (d) below, on its behalf to recover a contribution, from any
person liable to pay a contribution:

taken under (d) below.

11. BUILDING DEFECTS:
11.1 NOTED that the Owners Corporation discussed defects at the complex.
NOTED that the Owners Corporation are currently in legal proceedings with
the builder, Ceerose. Previously it was noted that given the cost of repairs
being over $500K, Mr C Cunio of Strata Specialist Lawyers recommended the
transfer of proceedings to the Supreme Court. Ceerose’s lawyer advised that
they consent to the transfer of the matter/proceedings to the Supreme
Court upon receipt of the updated AED Report, Bellmont Report, RHM
Report and Quantity Surveyor letter confirming that defects are over $500K.
NOTED that the main defect categories are:
▪ General Building Defects

▪ The Driveway
▪ Garage i.e. Drip Trays
▪ Window Leaks
▪ Cladding

NOTED that a meeting has taken place with representatives from the Strata
Committee, the Owners Corporation’s experts, Ceerose and Strata Specialist
Lawyers finalise a scope of works and agree to an acceptable scope to be
incorporated in the final Deed. In addition, the approved scope of works is
to be applied to all windows, whether they are currently leaking or not.
Dialogue between all parties continues.
12. CLADDING:
12.1 NOTED that the Owners Corporation discussed the presence of combustible
cladding at the building.
NOTED that the combustible cladding is one of the defect categories, the
subject of current proceedings/negotiations with the builder, Ceerose
referred to under motion 11.1 above. The engaged consultant, AED has
undertaken a further inspection and have updated their cladding report to
the satisfaction of Strata Specialist Lawyers for use in proceedings referred
to under motion 11.1 above.
13. ELECTRONIC VEHICLE CHARGING:
13.1 NOTED that the Owners Corporation discussed the need for Electronic
Vehicle facilities/infrastructure at the complex.
RESOLVED that the incoming Strata Committee investigate further and obtain
costs/proposals for the Owners Corporation’s consideration.
14. PAINTING WORKS:
14.1 NOTED that the Owners Corporation discussed proposed painting at the
building and RESOLVED that proposals be obtained for the following
scopes for the Owners Corporation’s consideration:
1. Ground Floor foyers and basement;

2. The whole building excluding doors.

14.2 RESOLVED that the Owners Corporation authorise the Strata Committee to
undertake a tender for painting works and enter into and execute a
contract for the painting of DNA with a preferred contractor based on the
undertaken tender.
14.3 RESOLVED that the Owners Corporation’s seal be affixed to the contract
with the preferred contractor and all relevant documents in the presence
of the Strata Managing Agent in accordance with section 273 of the Strata
Schemes Management Act 2015.
14.4 RESOLVED that the Owners Corporation authorise the Strata Committee to
use its discretion and make decisions about the painting works with the
appointed contractor, which includes (but is not limited to), negotiating
variations to the scope of the Painting works and pricing, and providing
instructions to the preferred contractor as required under the terms of the
Painting Contract to which the seal of the Owners Corporation is affixed to.
Act 1979;

(c) authorise and direct Change Strata Management to obtain and accept
a quotation from, and to appoint, that consultant for that purpose;
and
(d) authorise and direct either Change Strata Management, the building
manager or appropriate consultant to sign and lodge with the local
council, and give a copy to the NSW Fire Commissioner of, the next
annual fire safety statement on behalf of the Owners Corporation.

16.1 RESOLVED that Change Strata Management be authorised and directed to:

operate; and

in the building.

follows:

Nil


Mr I B Robinson (Lot 54)
Mr D Henry (Lot 87)
Mr N Lim (Lot 106)

Strata Committee be Nine (9).
Mr D Henry (Lot 87)
Mr N Lim (Lot 106)
19.1 RESOLVED that the Owners Corporation decided NO OTHER MATTER is to be

determined only by the Strata Committee and not by the Owners
Corporation in a general meeting.


______________________________ __________________________
Chairperson Date
NOTICE OF AN ANNUAL GENERAL MEETING

DATE, PLACE &

87368 will be held on Tuesday, 30 November, 2021 by way of
teleconference / videoconference. The meeting will commence
at 5:30pm.
Please be advised that Change Strata Management will provide the teleconference /
videoconference details closer to the date of the meeting upon request.
Accordingly, please contact Peter Domazetovski to register for the Annual General Meeting.
MEETING AGENDA:
1. Preliminaries (record attendances, proxies, apologies, determine quorum, etc.)
Change Strata Management and the Chairperson will record attendances, receive
proxies, record any apologies and declare a quorum.
2. Opening
The Chairperson will declare the meeting open at or shortly after the advertised
meeting time.
In the absence of the Chairperson, an election of a Chairperson in accordance with

clause 12 (2) of Schedule 1 of the Strata Schemes Management Act 2015 will be held.
3. To receive any reports from the Chairperson, Secretary and Treasurer
The office bearers of the Owners Corporation will be given an opportunity to present
any reports they have prepared concerning their activities over the last 12 months.
4. To consider the motions for which notice has been given
The meeting will consider the motions that appear on the following pages. These
motions relate to the management and administration of the strata scheme. Many of
the motions are required to be considered by law.

5. General Discussion
There may be a limited opportunity for general discussion towards the end of the
meeting.
6. Closure
The Chairperson will declare the meeting closed once the business of the meeting has
concluded.
CALL FOR NOMINATIONS:
The Owners Corporation calls for nominations for members of the Strata Committee in
accordance with clause 5 (1) of Schedule 1 of the Strata Schemes Management Act 2015.
The agenda for the meeting is:
1. MINUTES:
1.1 That the minutes of the last general meeting of the Owners Corporation held
on Wednesday, 18 November, 2020 be confirmed as a true and accurate
account of the proceedings of that meeting.
Explanatory Note: - this motion, if passed, confirms the accuracy of the

minutes of the last general meeting. If the minutes of the last meeting are
inaccurate, Owners can move that the minutes be amended.
2. INSURANCE:
2.1 That the insurances held by the Owners Corporation, as summarised below
be confirmed:






Appeal Expenses
Flood: Selected
Excesses:


UW Levy: $105.00
GST: $8,191.78
Explanatory Note: - the Owners Corporation must hold certain insurance

cover under the Act.
See Certificate of Currencies attached under Appendix “A”


2.2 That the Owners Corporation take out the following additional insurances:
Act;
Owners Corporation as provided in section 165(2) of that Act; and
(c) any other insurances deemed necessary.
Explanatory Note: - this motion, if approved, requires the Owners

Corporation to take out extra insurances to provide cover against additional
risks. The additional insurances are commonly known as office bearers’
liability insurance, fidelity guarantee insurance, machinery cover and
catastrophe insurance.
2.3 That Change Strata Management Pty Limited be authorised to seek

quotations for the schemes insurance renewal from appropriate policy
Explanatory Note: - Change Strata Management Pty Limited must provide the
Owners Corporation with not less than 3 quotations from different providers
for each type of insurance proposed to the Owners Corporation or provide
written reasons to the Owners Corporation, if less than 3 quotations are
provided.
3.1 That Change Strata Management report to the Owners Corporation as to

whether, and what, commissions or training services have been provided or
paid for Change Strata Management in the last 12 months and are likely to
be provided to or paid for Change Strata Management for the following 12
months.



Commission
assisting
insurance
broker with all
the strata plan’s
insurance
related matters.


assisting
insurance
broker with all
the strata plan’s
insurance
related matters.

N/A N/A N/A N/A


Service Service
N/A N/A N/A N/A
Explanatory Note: - Change Strata Management must report the following at

the Annual General Meeting:
(a) whether any commissions or training services have been provided to

or paid for the agent (other than by the Owners Corporation) in
connection with the exercise by the agent of functions for the scheme
during the preceding 12 months and particulars of any such
commissions or training services, and
(b) any such commissions or training services and the estimated amount
or value of any such commissions or training services that the agent
believes are likely to be provided to or paid for the agent in the
following 12 months
4.1 That Kelly + Partners be appointed as auditor of the Owners Corporation.
Explanatory Note: - This motions, if passed, appoints an auditor. The owners

corporation does not have to appoint an auditor unless its annual turnover
exceeds $250,000 or the strata scheme is a large scheme containing more
than 100 lots (excluding utility lots).

5.1 That the Owners Corporation review the current Capital Works Fund Plan and,
if necessary, revise or replace that Plan; and
Explanatory Note: - the capital works fund plan must be reviewed at least once
every 5 years.
See copy of the Capital Works Fund Summary under Appendix “B”
5.2 That the Owners Corporation authorise and direct Change Strata
Explanatory Note: - the Owners Corporation is able to engage expert

assistance to prepare the plan.
6.1 That the attached statements of key financial information for the
Explanatory Note: - this motion, if carried, adopts the statements of key

financial information about the funds of the Owners Corporation. Those
statements are attached and contain key information about those funds such
as the total income for and expenditure from those funds and the balance of
the funds.
See Audited Financial Statements under Appendix “C”
7. BUDGET FOR 2021 – 2022:
7.1 That in accordance with section 79(1) and (2) of the Act, the Owners
Corporation estimates that in respect of the period from 1 September, 2021
to 31 August, 2022, it will need to credit to its administrative and capital
works funds for actual and expected expenditure referred to in those
subsections the amounts set out in the attached budget.

Explanatory Notes: - this motion, if carried, approves a budget which

estimates how much money the Owners Corporation will need to raise to its
administrative and capital works funds.
See proposed Budget under Appendix “D”
8.1 That in accordance with section 81 of the Act, the Owners Corporation
determines that the following amounts are to be levied, to raise the amounts
estimated as needing to be credited to the administrative and capital works
funds:
Explanatory Notes: - this motion, if carried, determines the amounts to be

raised as contributions, to be levied on Owners, to those funds to raise the
estimated amounts included in the budget.
The contributions must be levied on owners in shares proportional to the unit

entitlements of their respective lots.
8.2 That the administrative fund contributions be paid in installments being:


2021; and

2022; and

2022.

Explanatory Note: - the funds raised to the administrative fund pay for
recurrent expenses.
8.3 That the capital works fund contributions be paid in installments being:


2021; and

and

and

2022.
Explanatory Note: - the funds raised to the capital works fund pay for capital
expenditure.
8.4 That following resolutions 8.2 (e) and 8.3 (e), the administration fund and
capital works fund contributions be continued at quarterly intervals until
further determined.
Explanatory Notes: - this motion, if carried, approves contributions to

continue to be raised until a new budget and contributions are determined by
8.5 That the Treasurer is authorised to levy those contributions by written notice
on each person liable to pay them.
Explanatory Note: - any contribution becomes due and payable to the Owners
Corporation on the date set out in the notice of the contribution which must
be at least 30 days after the notice is given.

9.1 That the owners corporation remove the limitation in section 102(2) of the
Act that prohibits spending an amount on any item or matter that is greater
than the amount specified for the item or matter (plus 10%) in estimates
provided for that item or matter in the budget adopted at the meeting:
(a) generally; or
(b) in relation to any particular item or matter.
Explanatory Note: - an Owners Corporation for a large strata scheme generally

must not spend on an item or matter an amount greater than the amount
specified for the item or matter (plus 10%) in estimates provided for that item
or matter at an annual general meeting.
The Owners Corporation may by a resolution passed at a general meeting

remove that limitation generally or in relation to any particular item or
matter.
This motion, if carried, will remove that limitation generally or in relation to

any particular item or matter (as the case may be).
10.1 That the Owners Corporation deals with overdue contributions payable to
the Owners Corporation as follows:

cases as follows:



within 12 months.


Explanatory Note: - this motion, if carried, will permit some or all Owners to
pay levies over a period of up to 12 months.
The Owners Corporation may, by resolution at a general meeting, agree to

enter into payment plans, either generally or in particular cases, for the
payment of overdue contributions.
A payment plan must be limited to a period of 12 months but a further plan

may be agreed to by the Owners Corporation by resolution. The existence of
a payment plan does not limit any right of the Owners Corporation to take
action to recover the amount of unpaid contributions.

10.2 That in respect of any unpaid contributions and interest which have
remained unpaid for a period of at least 14 days after the date that they

taken under 0 below.
Explanatory Note: - this motion, if passed, authorises the Owners Corporation,

Strata Committee and Change Strata Management to take all necessary steps
to recover overdue contributions, interest, and recovery expenses.
Legal action cannot be taken to recover overdue contributions unless 21 days

written notice is given of such action in accordance with Section 86 of the Act.

10.3 That where a person is jointly and severally liable for unpaid contributions
and interest under section 84 of the Strata Schemes Management Act 2015
the Owners Corporation will take steps against that person in accordance
with the remaining provisions of this motion as if that person was the Owner
of the lot referred to.

to recover overdue contributions, interest, and recovery expenses from a
person jointly and severally liable.
11.1 That the Owners Corporation discuss defects and resolve how best to move
forward.
Explanatory Note: - currently in NSW a person who does residential building

work must provide warranties as to the quality of that work. Those warranties
generally run for a period of 2 years for minor defects and 6 years for major
defects commencing from the date of completion of the work.
The Owners Corporation have commenced proceedings against the Builder

(Ceerose Pty Ltd) and Developer (The Biscuit Factory Eastside (No. 2) Pty Ltd)
at the Supreme Court of NSW. This motion, allows the Owners Corporation to
discuss and consider what action has been taken to date and what further
action should be taken.
12. CLADDING:
12.1 That the Owners Corporation discuss the presence of combustible cladding
at the building and resolve how best to proceed.
Explanatory Note: - Recent tests and reports undertaken by the Owners

Corporation have identified the presence of combustible cladding at the
building. A Special Levy of $600,000 (GST inc.) was approved at the Annual
General Meeting held Wednesday, 27 November, 2019, payable in 8
installments over 24 months.

The Owners Corporation have also commenced proceedings against the

Builder and Developer at the Supreme Court of NSW as referred to under
motion 11. This motion, allows the Owners Corporation to discuss and
consider what action has been taken to date and what further action should
be taken.
13. ELECTRONIC VEHICLE CHARGING:
13.1 That the Owners Corporation discuss the need for Electronic Vehicle
facilities/infrastructure at the complex and resolve how best to proceed.
Explanatory Note: - Given the move towards electronic vehicles, the meeting
is to discuss facilities/infrastructure requirements to facilitate charging of
electronic vehicles.
14. PAINTING WORKS:
14.1 That the Owners Corporation discuss proposed painting at the building,
and resolve how best to proceed.
14.2 That the Owners Corporation RESOLVE to authorise the Strata Committee
to undertake a tender for painting works and enter into and execute a
contract for the painting of DNA with a preferred contractor based on the
undertaken tender.
14.3 That the Owners Corporation’s seal be affixed to the contract with the
preferred contractor and all relevant documents in the presence of the
Strata Managing Agent in accordance with section 273 of the Strata
Schemes Management Act 2015.
14.4 That the Owners Corporation RESOLVE to authorise the Strata Committee
to use its discretion and make decisions about the painting works with the
appointed contractor, which includes (but is not limited to), negotiating
variations to the scope of the Painting works and pricing, and providing
instructions to the preferred contractor as required under the terms of the
Painting Contract to which the seal of the Owners Corporation is affixed to.

Explanatory Note: - The building and external walls need re-painting. The
concrete render is starting to delaminate. On all the external walls, there is
a rough finish. That finish is concrete which coats a brick wall. The concrete
layer is then painted. As the paint weathers, water begins to penetrate
the concrete render and lifts it off the brick wall. This leads to hairline cracks
we see in the walls around the building. It starts as cracks but eventually,
the concrete render will flake off in chunks. The solution to this problem is
the render must be painted regularly to prevent too much moisture from
penetrating the render. Please note this was confirmed by both Ceerose and
RHM as we walked around the building. The meeting is to discuss and
resolve how best to proceed.
15.1 That the Owners Corporation:
Act 1979;

and
Explanatory Note: - this motion, if carried, authorises the Owners Corporation,

through Change Strata Management, to lodge an annual fire safety statement
with the Local Council and send a copy to the NSW Fire Commissioner.

If there is a fire safety schedule specifying the fire safety measures (both
current and proposed) that should be implemented in the building, the
Owners Corporation must lodge with the Local Council and give a copy to NSW
Fire Commissioner of an annual fire safety statement each year.
An annual fire safety statement certifies (among other things) that each
essential fire safety measure installed in the building has been assessed and
was found to be performing to the standard required.
16.1 That Change Strata Management be authorised and directed to:

operate; and

in the building.
Explanatory Note: - the Owners Corporation may have obligations under the
Work Health and Safety Act 2011 to register and renew annually the
registration of items of plant with WorkCover. Items of plant include lifts and
car stackers.
This motion, if passed, authorises the Owners Corporation to appoint a

consultant to inspect and issue a statement concerning the safety of the lift
and any other items of plant in the building and register or renew the
registration of that plant with WorkCover each year.

17.1 That the Owners Corporation permit any of the following means of voting on
a matter to be determined by the Owners Corporation at any subsequent
general meeting:

Explanatory Note: - the Owners Corporation may, by resolution, adopt any of

the following means of voting on a matter to be determined by the
Owners Corporation:
(a) voting by means of teleconference, video-conferencing, email or other

electronic means while participating in a meeting from a remote
location,
(b) voting by means of email or other electronic means before the meeting
at which the matter (not being an election) is to be determined by the
owners corporation.
Any votes cast by any of the means of voting described above must comply
with any applicable information provided by the Secretary or Change Strata
Management and the Strata Schemes Management Regulation 2016.
This motion, is approved, will permit votes to be cast before and during any
subsequent general meeting by various electronic means.

18.1 That the Owners Corporation elect the Strata Committee as follows:



Strata Committee.
been, elected to the Strata Committee; or
(ii) is greater than the number of members of the Strata

Committee so decided—a ballot is to be held in
accordance with clause 10 of the Strata Schemes
Management Regulation 2016.
Explanatory Note: - At the meeting the Chairperson must announce the names
of the candidates already nominated in writing for election to the Strata
Committee and call for any oral nominations of candidates eligible for election
to the Strata Committee.
After the Chairperson declares that nominations have closed, the Owners
Corporation is to decide, in accordance with the Act, the number of members
of the Strata Committee.
If the number of candidates nominated for election to the Strata Committee:


(a) is the same as, or fewer than, the number of members of the Strata
Committee decided on—those candidates are to be declared by the
Chairperson to be, and are taken to have been, elected as the Strata
Committee, or
(b) is greater than the number so decided on—a ballot is to be held.
19.1 That the Owners Corporation decide if any matter or type of matter is to be
determined only by the Owners Corporation in general meeting and not by
the Strata Committee.
Explanatory Note: - the Owners Corporation is able to impose additional

restrictions on the power of the Strata Committee beyond those restrictions
contained in the Act. This motion, if carried, decides if any matter or type of
matter is to be determined only by the Owners Corporation in general
meeting and not by the Strata Committee.
Date of this Notice: Monday, 8 November, 2021


IMPORTANT INFORMATION TO THIS NOTICE:
Your Strata Manager
The name of your Strata Manager is Mr Peter Domazetovski, who is located at Suite 412,
Level 4, 350 George Street, Sydney. Please do not hesitate to contact Mr Peter Domazetovski
on either 02 8203 3111 or peter@changestrata.com.au if you have any questions or queries
regarding this notice.
Definitions
Act – Strata Schemes Management Act 2015
Regulations – Strata Schemes Management Regulation 2016
IMPORTANT INFORMATION ABOUT

VOTING AT THE ANNUAL GENERAL MEETING
In these notes: -
(a) A priority vote means a vote by:
- the mortgagee of a lot under a mortgage shown on the strata roll as having
priority over any other mortgage, or over any covenant charge, shown on the
strata roll in relation to the lot; or
- the covenant chargee of a lot under a covenant charge shown on the strata
roll as having priority over any mortgage shown on the roll in relation to the
lot; or
roll without any mortgage being shown on the roll in relation to the lot.
(b) A proxy means a person appointed as a proxy by an instrument in the prescribed form.
(c) A person entitled to vote means (unless otherwise specified) a person entitled to vote on
a motion other than a motion requiring a unanimous resolution.

1. A vote at the meeting by the owner of a lot does not count if a priority vote in respect of
the lot is cast in relation to the same matter.
2. An owner of a lot, or a person with a priority vote in respect of a lot, cannot vote at the
meeting on a motion (other than a motion requiring a unanimous resolution) unless
payment has been made before the meeting of all contributions levied on the owner, and
any other amounts recoverable from the owner, in relation to the lot that are owing at the
date of this notice.
3. If you, as the addressee of this notice:
(a) are not a corporation, then voting and other rights conferred by Schedule 1 of
the Strata Schemes Management Act 2015 may be exercised by you in person
or by a proxy appointed by you; or
(b) are a corporation, then voting and other rights conferred by that Schedule
may be exercised only by your company nominee in person, or by proxy
appointed by the corporation.
4. Your right to vote as an owner, company nominee or person with a priority vote also
depends upon your name being recorded on the strata roll.
5. If a matter may be determined at the meeting partly by pre-meeting electronic voting, the
relevant motion may be amended by a further motion given at the meeting after the pre-
meeting electronic voting takes place and consequently the pre-meeting vote may have no
effect.
6. A motion that is to be determined wholly by pre-meeting electronic voting may not be

amended at the meeting.
7. A motion that is to be determined partly by pre-meeting electronic voting must not be

amended at the meeting if the effect of the amendment is to change the subject matter of
the original motion.
8. If a motion that is to be determined wholly or partly by pre-meeting electronic voting is

amended at the meeting, the minutes of the meeting distributed to owners must be
accompanied by notice of the change and a statement setting out the power to make a
qualified request for a further meeting under section 19 of the Act.

IMPORTANT INFORMATION ABOUT A

QUORUM FOR THE ANNUAL GENERAL MEETING
1. A motion submitted at the Annual General Meeting must not be considered, and an
election must not be held at the meeting, unless there is a quorum present to consider
and vote on the motion or on the election.
2. There is a quorum for considering and voting on such a motion or at such an election only
in the following circumstances:
(a) if not less than one-quarter of the persons entitled to vote on the motion or
election are present either personally or by duly appointed proxy,
(b) if not less than one-quarter of the aggregate unit entitlement of the strata
scheme is represented by the persons who are present either personally or by
duly appointed proxy and who are entitled to vote on the motion or election,
(c) if there are 2 persons who are present either personally or by duly appointed
proxy and who are entitled to vote on the motion or election, in a case where
there is more than one owner in the strata scheme and the quorum otherwise
calculated under this sub clause would be less than 2 persons.
3. A person who has voted, or intends to vote, on a motion or at an election at a meeting by

a permitted means other than a vote in person is taken to be present for the purposes of
determining whether there is a quorum.
4. If no quorum is present within the next half-hour after the relevant motion or business
arises for consideration at the meeting, the chairperson must:
(a) adjourn the meeting for at least 7 days, or
(b) declare that the persons present either personally or by duly appointed proxy
and who are entitled to vote on the motion or election constitute a quorum
for considering that motion or business and any subsequent motion or
business at the meeting.

5. If a quorum is not present within the next half-hour after the time fixed for the adjourned
meeting, the persons who are present either personally or by duly appointed proxy and
who are entitled to vote on the motion or election constitute a quorum for considering
that motion or business and any subsequent motion or business at the meeting.
CALL FOR NOMINATIONS FOR MEMBERS OF THE STRATA COMMITTEE
1. At the annual general meeting a strata committee will be elected.
2. Any owner, or any person entitled to vote at a general meeting of an owners corporation,
is invited to nominate a person for election as a member of the strata committee.
3. The nomination is to be made by written notice given to the secretary of the owners
corporation.
4. The secretary must include any nominations in the notice of the annual general meeting.
Notice of any subsequent nomination is to be given by the secretary at the meeting.
5. A nomination may be made at any time before the election is held and may be made at
the meeting.
6. An owner or a person may make a nomination even if the owner or person cannot vote
because the owner is an unfinancial owner.
INFORMATION ABOUT ELIGIBILITY FOR APPOINTMENT TO THE STRATA COMMITTEE*
Persons who are eligible to be appointed or elected to strata committee
1. The following persons are eligible for appointment or election to the strata committee of
an owners corporation:
(a) an individual who is a sole owner of a lot in the strata scheme,
(b) a company nominee of a corporation that is a sole owner of a lot in the strata
scheme,

(c) an individual who is a co-owner of a lot or a company nominee of a

corporation that is a co-owner of a lot in the strata scheme, if the person is
nominated for election by an owner who is not a co-owner of the lot or by a
co-owner of the lot who is not a candidate for election as a member,
(d) an individual who is not an owner of a lot in the strata scheme, if the person is
nominated for election by an owner of a lot who is not a member, or is not
seeking election as a member, of the strata committee.
2. To avoid doubt, an individual who is a sole owner of a lot may nominate himself or herself,
and an owner that is a corporation may nominate the corporation’s company nominee,
for election as a member of the strata committee.
3. A sole owner of a lot in a strata scheme may not nominate more than one person for
election as a member of the strata committee, except as provided by paragraph 5 below.
4. Only one co-owner (including a company nominee of a co-owner) of the same lot may be
a member of a strata committee at the same time, except as provided by paragraph 5
below.
5. A person who is an owner of more than one lot in the strata scheme may nominate one
person for election as a member of the strata committee for each lot for which the person
is an owner.
Persons who are not eligible to be appointed or elected to strata committee
1. The following persons are not eligible for appointment or election to a strata committee
or to act as members of a strata committee unless they are also the owners of lots in the
strata scheme:
(a) the building manager for the strata scheme,
(b) a person who acts as an agent for the leasing of a lot or lots in the strata
scheme to tenants,
(c) a person who is connected with the original owner of the strata scheme or the
building manager for the scheme, unless the person discloses that connection
at the meeting at which the election is held and before the election is held or
before the person is appointed to act as a member,

(d) any other person prescribed by the regulations for the purposes of this
section.
2. An owner of a lot in a strata scheme who was an unfinancial owner at the date notice was
given of the meeting at which the election of a strata committee is to be held and who did
not pay the amounts owing by the owner before the meeting is not eligible for
appointment or election to the strata committee.
3. A person who becomes ineligible for appointment or election to a strata committee after
being appointed or elected to the strata committee must disclose that fact to the secretary
or chairperson of the owners corporation as soon as possible after becoming aware of that
fact.
4. A disclosure by a person referred to above, other than a disclosure that is made at a

meeting of an owners corporation or strata committee, is to be made by written notice
given to the secretary or chairperson.
5. A member of the strata committee is not entitled to vote on any motion put or proposed
to be put to the strata committee if the member was, or was nominated as a member by
a member who was, an unfinancial owner of a lot in the strata scheme at the date notice
of the meeting was given and the amounts owed by the unfinancial owner were not paid
before the meeting.
INFORMATION ABOUT TENANTS AT THE MEETING
1. A tenant who has been notified in accordance with the Act to the owners corporation as
a tenant of a lot in the strata scheme is entitled to attend the meeting but is not entitled
to vote at the meeting unless the tenant is the holder of a duly appointed proxy.
2. A tenant is not entitled to address the meeting unless authorised to do so by a resolution

of the owners corporation.
3. The owners corporation may, at the meeting, determine that tenants (other than tenants
who hold duly appointed proxies) are not entitled to be present when the following
matters are being discussed or determined:

(a) financial statements and auditor’s reports,

(b) levying of contributions,
(c) recovery of unpaid contributions,
(d) a strata renewal proposal under Part 10 of the Strata Schemes Development
Act 2015 or any related matter.
Wednesday, 16 December, 2020
The Owner
SP – 87638
DNA

MINUTES OF THE ANNUAL GENERAL AND STRATA COMMITTEE MEETING
Dear Owner,
As the managing agents for your strata scheme, we write to all Owners and attach a copy of
the Minutes for the recently held Annual General and Strata Committee Meetings.
We confirm the meetings went ahead as scheduled on Wednesday, 18 December, 2020.
We further confirm that all the major agenda items are in the process of being attended to.
We confirm that the next Strata Committee Meeting is scheduled for Wednesday, 10 March,
2021 and as an Owner, you will be invited closer to the date to attend should you wish.
Finally, should you like your correspondence emailed to you in the future instead of
receiving it in hard copy, we kindly request you fill out the attached notice and return it to
our office.
Should you have any questions or queries, please do not hesitate to contact myself on either
(02) 8203 3111, 0404 374 157 or peter@changestrata.com.au.
Yours Faithfully,
peter domazetovski
senior portfolio manager

DATE, PLACE &

87368 was held on Wednesday, 18 November, 2020 by way of
teleconference / videoconference. The meeting commenced at
5:30pm.
PRESENT: M S Sanchez-Ortega (Lot 6), A M Oates (Lots 1 & 136),

J Guo (Lot 11), R Haggett & A Pavincich (Lot 23),
D Tilley (Lot 49), J S Glanville (Lot 52), I B Robinson (Lot 54),
D Kuziow (Lot 57), A Glass (Company Nominee for Lot 83),
D Henry (Lot 87), M Lobsey (Lot 105), N Lim & C Billaud
(Lot 106), G N Muir (Lot 129)
PRESENT BY PROXY: Y L Vassiliev & E B Vassilieva (Lot 3) – Proxy to G N Muir
APOLOGIES: G Tilley (Lot 49)
IN ATTENDANCE: P Domazetovski (Change Strata Management Pty Limited)
CHAIRPERSON /
Note – As there was no quorum present following half an hour of the scheduled
commencement time, after putting the matter to the owners present, it was agreed by all
present that those owners present in person and proxy would constitute the quorum for the
purposes of the meeting and was declared as such by the Chairman of the meeting in
accordance with Schedule 1, Part 3, Clause 17(4) of the Strata Schemes Management Act,
2015.
1. MINUTES:
Corporation held on Wednesday, 27 November, 2019 be confirmed as a
true and accurate account of the proceedings of that meeting.

2. INSURANCE:





Appeal Expenses
Flood: Selected
Excesses:



UW Levy: $105.00
GST: $7,421.68
insurances:
Act; and
2.3 RESOLVED that Change Strata Management Pty Limited be authorised to

seek quotations for the schemes insurance renewal from appropriate policy
3.1 RESOLVED that Change Strata Management report to the Owners

Corporation as to whether, and what, commissions or training services
have been provided or paid for Change Strata Management in the last 12
months and are likely to be provided to or paid for Change Strata
Management for the following 12 months.



Commission
assisting
insurance
broker with all
the strata plan’s
insurance
related matters.


assisting
insurance
broker with all
the strata plan’s
insurance
related matters.

N/A N/A N/A N/A


Service Service
N/A N/A N/A N/A

Corporation.
Fund Plan and, if necessary, revise or replace that Plan; and
5.2 RESOLVED that the Owners Corporation authorise and direct Change Strata
7. BUDGET FOR 2020 – 2021:
7.1 RESOLVED that in accordance with section 79(1) and (2) of the Act, the
Owners Corporation estimates that in respect of the period from 1
administrative and capital works funds for actual and expected expenditure
referred to in those subsections the amounts set out in the attached
budget.

8.1 RESOLVED that in accordance with section 81 of the Act, the Owners
Corporation determines that the following amounts are to be levied, to raise
the amounts estimated as needing to be credited to the administrative and
capital works funds:
8.2 RESOLVED that the administrative fund contributions be paid in

installments being:
(a) Installment 1 of $118,253.09 + GST due and payable on 1

September, 2020 (already raised); and

2020; and

2021; and

2021.
being:


2020; and

2021; and


and

2021.
fund and capital works fund contributions be continued at quarterly
intervals until further determined.

that is greater than the amount specified for the item or matter (plus 10%)
in estimates provided for that item or matter in the budget adopted at the
meeting:
(a) Generally (plus 10%)

cases as follows:



within 12 months.




11.1 NOTED that the Owners Corporation discussed defects at the building and
note that there has been progress lately primarily with the engagement
Bellmont Engineering (“Bellmont”) as Façade Consultants to address the
water penetration defects at the building. Bellmont have engaged Remedial
Building Services Australia (“RBSA”) to assist with testing in unit 52 in
accordance with the proposed Schedule. Bellmont have also written directly
to the builder, Ceerose inviting them to attend to inspect what they have
done and to agree on a proposed Schedule of Works to address this
significant defect.
NOTED that at the time of the meeting the engaged Engineer, RHM had not
finalised their report (since received). The Strata Committee and engaged
Lawyer, Strata Specialist Lawyers have reviewed the report and made their
relevant comments on the report.

NOTED that Strata Specialist Lawyers are also finalising the final cladding
report which needs to be submitted to Council by 8 January, 2021. (See
motion 12 below)
NOTED Strata Specialist Lawyers have also been in discussions with the
lawyers for Ceerose on several occasions and advise that there is currently
“no utility in meeting with the builder to discuss defects, the nature of which
is not yet finalised or fully particularised.”
NOTED that the next steps in the process involves the Owners Corporation
finalising its evidence (will involve Bellmont, RHM and the Fire Engineer
finalising their reports, and then a Quantity Surveyor estimate the cost of
rectification of defects). During that process, the builder should be given an
opportunity to attend the site to fix the defects – a formal request can be
made once all defects reports are finalised. If the value of the defects the
builder will not fix is more than $500,000, then the proceedings should be
transferred from NSW Civil & Administrative tribunal (“NCAT”) where they
currently are, to a court with appropriate jurisdiction. Given the status of
the evidence of the Owners Corporation at present (in particular the leaking
façade defect), it appears unlikely the matter will be ready for a hearing on
15 February, 2021 even if the value of the defects at the time is less than
$500,000.
NOTED that the Owners Corporation remain committed to finalising their

reports and maintaining continual dialogue with the builder, Ceerose, with
the intention and preference of having a finalised Deed with the builder
once all defects have been agreed to, quantified and a Schedule of Works
agreed to.
12. CLADDING:
12.1 NOTED that the Owners Corporation discussed the presence of combustible
cladding at the building and note that the cladding forms part of the
building defects claim referred to under motion 12.
NOTED that Council has also issued a Fire Order which the Owners
Corporation are addressing. Strata Specialist Lawyers are finalising the final
cladding report which needs to be submitted to Council by 8 January, 2021.

NOTED that at the last AGM held Wednesday, 27 November, 2019 a Special
Levy of $600,000 (GST inc.) to address possible issues associated with
cladding was approved, payable in 8 installments over 24 months.
Act 1979;

and
14.1 RESOLVED that Change Strata Management be authorised and directed to:

operate; and

in the building.

15. RE-APPOINTMENT OF CHANGE STRATA MANAGEMENT PTY LTD:
15.1 RESOLVED that the Owners Corporation, in accordance with section 49 of

the Act:
(a) appoints Change Strata Management Pty Limited as its Strata

Managing Agent (“Strata Managing Agent”);
(b) subject to (d) below, delegate to the Strata Managing Agent all of
its functions (other than those set out in section 52(2) of that Act)
and the functions of the Chairperson, Secretary, Treasurer and
Strata Committee;
(c) execute the attached written agreement (“Agreement”), to give

effect to this appointment and delegation;
(d) note that the delegation is to be subject to the conditions and

limitations set out in the Agreement; and
(e) execute and affix its common seal to the Agreement and authorise
the secretary and chairperson to witness the affixing of the seal to
give effect to the appointment and delegation and to evidence the
terms of the appointment of the Strata Managing Agent.


follows:


Mr D Henry (Lot 87)
Mr N Lim (Lot 106)
Mr G N Muir (Lot 129)

Strata Committee be Nine (9).

Mr D Henry (Lot 87)
Mr N Lim (Lot 106)
Mr G N Muir (Lot 129)
RESOLVED that the Owners Corporation decided NO OTHER MATTER is to be

determined only by the Strata Committee and not by the Owners Corporation in a
general meeting.

______________________________ __________________________
Chairperson Date

DATE, PLACE &

87368 was held on Wednesday, 18 November, 2020 by
teleconference / videoconference. The meeting commenced
following the Annual General Meeting.
PRESENT: Mr M S Sanchez-Ortega, Ms A M Oates, Mr J S Glanville,

Mr I B Robinson, Mr D Kuziow, Mr D Henry, Mr N Lim,
Mr G N Muir
APOLOGIES: Mr G Tilley
VOTING
AUTHORISATION: NOTED that Mr G Tiley authorised Mrs D Tiley to vote on his
behalf on all matters. The authorisation was accepted by the
meeting.
IN ATTENDANCE: Mrs D Tilley (Lot 49), Ms C Billaud (Lot 106)
Mr P Domazetovski (Change Strata Management Pty Limited)
Mr J Steel (Sydney Building Management Pty Limited)
CHAIRPERSON /
SECRETARY (ACTING): Mr P Domazetovski (under delegation of the meeting)
1. MINUTES:
1.1 RESOLVED that the minutes of the last meeting of the Strata Committee
held on Wednesday, 9 September, 2020 be confirmed as a true and
2.1 RESOLVED that the Chairperson, Secretary and Treasurer of the Executive
Committee be:

Chairperson: Ms A M Oates
Secretary: Mr I B Robinson
Treasurer: Mr N Lim
3.1 RESOLVED that Mr N Lim of the Strata Committee be appointed and

authorised to communicate with and issue instructions to Change Strata
Management on behalf of the Strata Committee.
4.1 RESOLVED that Mr I B Robinson of the Strata Committee be appointed and

authorised to communicate with and issue instructions to the Building
Manager on behalf of the Strata Committee.
5.1 RESOLVED that the Strata Committee reviews, discusses and resolves an
action on the outstanding matters from the previous meeting(s) nominated
below:
5.1.1 Defects
NOTED that this matter was discussed under motion 11 of

the Annual General Meeting agenda.
NOTED that this matter was discussed under motion 12 of

the Annual General Meeting agenda.
NOTED that the engagement of Bellmont Engineering as

Façade Consultants was discussed under motion 11 of the

NOTED that a Swing Stage has been erected and following

progress works under way:
▪ Unit 52 LH Bedroom and RH Bedroom interiors

dismantled to allow for works.
▪ Unit 13 interiors dismantled to allow for works.
▪ Unit 52 LH Bedroom – 1 Water Test carried out.
NOTED that RHM have been asked to provide further

commentary on the hydraulic stormwater at the complex.
NOTED that the problem with falling debris over visitor

parking has been bought to the attention of RHM for
inclusion in their defects report.
5.1.6 Driveway Entrance Works
NOTED that Ceerose has submitted to Council a new

proposed design to lower the steep gradient in an attempt to
stop cars scraping. The matter is still with Council and
Ceerose are still awaiting their Bond from Council paid at the
time of Development Application. In addition, the engaged
engineers (RHM) has been asked to comment on the gradient
and include in their defect report and to discuss further with
Ceerose. The Strata Managing Agent is also to follow up with
Council.
NOTED previously that areas of the carpark are to be resealed

under defect rectification works. This will be done in 2-3 stages
and will require all cars to be removed for 1-2 days. RHM have
included in their final report and are to discuss further with
Ceerose.

5.1.8 Damage caused by Neighbouring Building Works/Paving/

Cracks to Garden Walls & Subsequent Re-painting
NOTED previously is that there are 4 large cracks in the

planter box walls at the rear of Block “D”. The matter has
been added on the RHM report to be treated as a defect.
NOTED that with regards to the paving at the front of the
building that suffered damage from works in the
neighbouring property, this has been rectified.
NOTED that the Strata Managing Agent managed to recover

$1,484 from Ceerose as their share of the cost contribution.
NOTED that the cracks to the garden walls and subsequent

re-painting is to take place when the other defects
associated with the neighbouring building are rectified. RHM
have include cracking in the final defects report.
NOTED that previously painting proposals were received

from Robertson’s for $22,600 + GST, Picasso Painting for
$16,800 + GST and Inner City Painting Services for $12,000 +
GST for painting the following areas:
▪ Planter Box Walls at the rear of Block “D”, front of Block

“D” and rear of Block “N”;
▪ Blocks “D1”, “D2” & “N1” lobby walkways (side facing
walls);
▪ Front of Block “A” lower sections (Pyrmont Bridge Road).
RESOLVED to DEFER painting for the time being.


5.1.9 Water Penetration Damage (Early February Rains)
NOTED previously that there was water damage to the air-

conditioning in the Main Control Panel (“MCP”) and fire
cabling in the MCP resulting from the February rains.
Ceerose were notified. Rectification costs regarding water
penetration damages to fire, air-conditioning, electrical
equipment for a total cost of $8,373.50. All repairs were
carried out and no further issues have resulted. The Strata
Managing Agent is following up recovery of monies from
Ceerose.
NOTED that all units need to follow care and maintenance

instructions regarding their decking. This information was
provided in the handover packs. The decks should be treated
on a regular basis with decking oil (oil base).
NOTED that any defects found need to be reported, however

if they are a result of decks not being maintained, Ceerose
may not cover as a defect.
5.1.11 Window Cleaning & Anchor Point Certification
NOTED that Window cleaning is taking place every 6 months.

The latest clean was undertaken in June, 2020. The window
cleaners also certified anchor points at the complex (~$100
cheaper than the previous certifiers) at the time of the clean.
The next clean is scheduled for December, 2020.
NOTED that the water leak located under the pavers has
been diagnosed and repaired.
NOTED that the extra soil/mulching has been completed.


NOTED that there has been extra planting of Melaleuca and

Baeckea, between the D and N blocks.
NOTED that the treatment of the Decking/Benches was

completed in September. There were no changes as per the
past 3 years.
5.1.13 Lifts
NOTED that the latest lift service has been completed and
there are no running issues. The annual internal ceiling clean
has been completed. The N1 ceiling Perspex is to be replaced.
5.1.14 Wormald Fire Services/Annual Fire Safety Statement
NOTED that the building has obtained the Annual Fire Safety
Statement in August 2020.
NOTED that the main items are:
▪ Wormald - Repairs Complete Fire Trip Faults, fan

control, and OWS fault for $7k
▪ The Wormald annual service bill is being negotiated for a
discount due to decreased testing due to COVID-19.
▪ $4K - $6K in Common area fire door repairs are required
- Fire stairs, garbage room doors, also including x 2 new
doors to “A” Garbage Room. Works are to be carried out
in November 2020.
▪ Excluding the main Council Garbage Room Doors,
further quotes/proposals are required.
NOTED that there are Hot Water issues affecting units within
D2 block and 1 unit within the D1 block. There are on-going
works in diagnosing and fixing the issue. Jordan’s Heating
Engineers have attended multiple times.

NOTED that the new Demand Duo Stat fit Balancing valves
have been adjusted and tempering valves replaced in units 6,
54, and 22. One valve was found stuck open. The problem
has vastly improved but needs to be monitored. Further
valves are to be checked and installed within the block. The
situation is being monitored for improvements. New valves
have been installed within units 13, 30 and 6. Another
remains fully stuck open. Unit 38 needs to be changed and
works are scheduled for November.
6.1 NOTED that the Building Manager tabled a report which consisted of the
following (most which was covered in other motions in the agenda):
6.1.1 Lift

above.
6.1.2 AFSS

above.

above.
6.1.4 Garage Doors
NOTED that the Building Manager informed the meeting that

there is a need to upgrade:
▪ Sensor beams design on exit door to try and prevent

obstruction events occurring;
▪ Sensor bracket assembly exit/entry, to prevent tampering
damage.

RESOLVED that the proposal received from Allgate for $930 +

GST be approved.
6.1.5 Gardens

above.
6.1.6 Insurance Claim direct with Garbage Company
NOTED that an insurance claim has been raised and settlement

agreed for damages of bin attachments at the building, totalling
$660. The claim has been made direct through Innovation
Group Insurance as the insurer for Cleanaway Waste
Management Pty Limited.
NOTED that at the last meeting it was RESOLVED that the Strata
Committee consent to the Strata Managing Agent signing the
insurer’s Release Form.
NOTED that following the signing of the Release Form,

Innovation Group Insurance has transferred $660 into the
Strata Plan’s trust account.
6.1.7 Ceerose Damage from Neighbouring Building Works

above.
6.1.8 Water Penetration Damage to Electrical Equipment –

Ceerose

above.
6.1.9 Bellmont Façade Engineers

above.

NOTED that further to motion 5.1.1 above and motion 10 of

the Annual General Meeting agenda, the following Defect
items are noted:
Additional Defects reported since RHM Inspection
▪ RHM progress report emailed to Colin Cunio of Strata

Specialist Lawyers as requested 19/8/20.
▪ RHM did attend the building to inspect and add
additional defects to the main report on 23/7/20.
▪ RHM submitted the updated report but amendments
required 15/10/20.
▪ Report incomplete - still needs amendments as per
correspondence 21/10/20.
▪ Ceerose are back attending site in the last 2 weeks.

▪ Unit 94 Water Penetration – Inspections and Water
Testing taking place.
▪ Five Ground Floor Units Water Penetration – Units 4, 6,
8, 57, and 101 are being inspected. Further works
required on unit 6 continue.
▪ Ceerose are attending the complex and undertaking

works.
▪ Abseilers finished applying caulking to Expansion joints
of the D2 West facing wall.
▪ Abseilers applied caulking to expansion joints D1 ‘U’
ground.
▪ Abseilers applied caulking to expansion joints N1 ‘U’
ground.
▪ Abseilers applied caulking to expansion joints building
‘A’ above driveway units.

▪ Five Ground floor units (4, 6, 8, 57 and 101) are suffering

from water penetration. Waterproofing caulking and
expansion joints are being worked on.
▪ Hydrant penetrations leaks – above unit 102’s car park
and air-conditioning fan room. Waterproofing applied.
▪ Units 54 and 52 - 1 visit inspection by Ceerose
employees.
▪ AFSS Fire stopping issue N1 ground FS, now repaired.
▪ Leaking visitor parking drip tray pipe plumbing joint
repaired.
Ceerose Defect Works – 01/06/20
▪ See previous Reports.

▪ RHM attended the building to inspect and add identified
defects to the main report.
▪ RHM are yet to submit the updated report.
▪ RHM progress report emailed to Colin Cunio as requested
on 19 August, 2020.
7.1 RESOLVED that the Strata Committee permit any of the following means of
voting on a matter to be determined by the committee at any subsequent
meeting:


8.1 RESOLVED that the Strata Committee adopt the following schedule of
meetings for the 2021 year:

9. OTHER MATTERS:
9.1.1 Correspondence to Apartment 28 regarding items stored in

Car Space
RESOLVED that correspondence be sent to apartment 28

regarding items stored in their car space.
9.1.2 Apartment 74 - Application for Flyscreens
RESOLVED that apartment 74’s application for flyscreens be

approved subject to compliance with the Strata Plan’s By-
laws.
9.1.3 Next Meeting
RESOLVED that the next Strata Committee Meeting is to be

held on Wednesday, 10 March, 2021 commencing at 6:00pm
NOTES TO THE MEETING:
Apartment 92 – Bamboo on Balcony
NOTED that correspondence be sent to apartment 92 regarding the keeping of bamboo on

the balcony in breach of the Strata Plan’s By-laws.

Apartment 44 – Perspex on Balcony
NOTED that correspondence be sent to apartment 44 regarding the keeping of Perspex on

the balcony in breach of the Strata Plan’s By-laws.
Apartment 100 – White Screen on Balcony
NOTED that correspondence be sent to apartment 100 regarding the keeping of a white
screen on the balcony in breach of the Strata Plan’s By-laws.
CLOSURE: There being no further business, the chairperson

______________________________ ___________________________
Chairperson Date
NOTICE OF EMAIL ADDRESS
To: The Secretary

The Owners - Strata Plan No. 87368
Address: C/- Change Strata Management Pty Limited
PO Box 3822, Sydney, NSW 2001
DETAILS
Full name(s): …………………………………………………………………………………………………………………………………………………………………..
Lot(s) concerned: ………………........................................................................................................................................................
Email Address for service of notices: ………………………………………………………………………………………………………………………………………
Contact Numbers: (m)…………………………………………..(h)…………………………………………………..(w)………………………………………………….
Real Estate Agent: ………………………………………………………………………………………………………………………………………
Contact Numbers: (m)…………………………………………..(w)…………………………………………………..(f)………………………………………………….
CONSENT TO SERVICE OF NOTICES BY EMAIL
I/We ……………………………….………..…………………….. the owner(s) of lot(s) ………………… hereby consent to the service of
a notice or other document required or authorised by the Strata Schemes Management Act 2015 or the by-laws to
be served upon me/us by the notice or other document being sent to the email address given in this notice.
Date of this Notice: ………………………………………….………..
Signed: …………………………………………………...
Wednesday, 28 October, 2020
The Owner
SP – 87368
“DNA”

Dear Owner,
As the strata managing agents for the above scheme, we write to all Owners attaching a copy of the
Notice of an Annual General Meeting for your perusal.
PLEASE NOTE THAT NO FACE TO FACE MEETING AT ANY

PHYSICAL ADRESS WILL BE HELD DUE TO THE CURRENT PANDEMIC.
We confirm the Annual General Meeting will be held on Wednesday, 18 November, 2020 by way of
teleconference / videoconference. The meeting will commence at 5:30pm.
Please be advised that our office will provide teleconference / videoconference details closer to the
date of the meeting upon request. Accordingly, please contact myself directly to register for the Annual
General Meeting.
The agenda for the Annual General Meeting will consider the following:
▪ Adoption of the previous general meeting minutes;

▪ Adoption of the scheme’s insurances and any additional insurances you may wish to take out;
▪ Adoption of a strata management report;
▪ Appointment of an auditor;
▪ A 10 year capital work fund;
▪ Adoption of the scheme’s accounts for the period ending 31 August, 2020;
▪ Adoption of a budget and contributions;
▪ Restrictions on Spending;
▪ A process for dealing with overdue levies;
▪ Building defects;
▪ Combustible Cladding;
▪ Lodgment of the annual fire safety statement;
▪ Registration of lifts;
▪ Re-appointment of Change Strata Management Pty Ltd;
Page 1 of 74
▪ Electronic voting;
▪ Appointment of a strata committee; &
▪ Additional restrictions that may be placed on the incoming strata committee.
Following the conclusion of the Annual General Meeting, we will be holding a Strata Committee
Meeting for which a notice is also attached at the rear. At this meeting, the incoming Strata
Committee will consider the following:
▪ Adoption of the previous strata committee meeting minutes;

▪ Appointment of office bearers;
▪ Appointment of a representative/s for the scheme;
▪ Outstanding matters from previous meeting(s);
▪ Review of a building manger’s report;
▪ Electronic voting;
▪ A schedule for forthcoming meetings; and
▪ Other matters.
We will guide you through the meetings and providing ample explanations on all agenda items,
however, we recommend you read the explanatory notes following each motion.
Accordingly, we anticipate the meetings should take approximately 2-3 hours.
Should you not be able to attend the meetings in person by electronic means as referred to above,
we suggest you complete the attached proxy form and return it to our office as soon as possible and
before the meeting.
Should your lot be owned by a company, we kindly request you fill out the attached company
nominee form and return it to our office as soon as possible and before the meeting. Accordingly,
we will update the strata roll with the details of the authorised representative.
At this point in time, we bring your attention to the important information at the rear of the notices
and request that you take some time to read them prior to the meeting.
We encourage all owners to electronically attend the meeting scheduled for Wednesday, 18
November, 2020 and to take an active role in their scheme.
Should you have any questions or queries regarding this notice, please do not hesitate to contact
myself on either (02) 8203 3111, 0404 374 157 or peter@changestrata.com.au.
Yours Faithfully,
peter domazetovski
senior portfolio manager
Page 2 of 74
Proxy Appointment
Date ___________________________________________________________________________
I/We ___________________________________________________________________________
the owners of lot ____________________________________ in Strata Plan No ________________________
appoint ___________________________________________________________________________
of ___________________________________________________________________________
as my/our proxy for the purposes of meetings of the owners corporation (including adjournments of meetings).
I/ We appoint ___________________________________________________________________________
of ___________________________________________________________________________
as my/our proxy for the purposes of meetings of the owners corporation (including adjournments of meetings) if
___________________________________________________________________________ already holds the
maximum number of proxies that may be accepted.
Period or number of meetings for which appointment of proxy has effect for *1 meeting/*___ meetings/*1
month/*___ months/*12 months or 2 consecutive annual general meetings.
*Tick or tick and complete whichever applies
(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 be appointed or remain in office or whether
another managing agent is to be appointed, I/we want the proxy to vote as follows:
__________________________________________________________________________________________
*Delete paragraph 3 if proxy is not authorised to vote on this matter. For examples, read note 1 below.
*4 I understand that, if the proxy already holds more than the permitted number of proxies, the proxy will not be
permitted to vote on my/our behalf on any matters.
SIGNATURE OF OWNER/S
Page 3 of 74
Notes on appointment of proxies:
1. This form is ineffective unless it contains the date on which it was made and it is given to the secretary of the
owners corporation at least 24 hours before the first meeting in relation to which it is to operate (in the case of
a large strata scheme) or at or before the first meeting in relation to which it is to operate (in any other case).
2. 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.
3. This form is current from the day on which it is signed until the end of the period (if any) specified on the form
or the first anniversary of that day or at the end of the second annual general meeting held after that day
(whichever occurs first).
4. If a person holds more than the total number of proxies permissible, the person cannot vote using any
additional proxies. The total number of proxies that may be held by a person (other than proxies held by the
person as the co-owner of a lot) voting on a resolution are as follows:
(a) if the strata scheme has 20 lots or less, one,
(b) if the strata scheme has more than 20 lots, a number that is equal to not more than 5% of
the total number of lots.
5. A provision of a contract for the sale of a lot in a strata scheme, or of any ancillary or related contract or
arrangement, is void and unenforceable to the extent that it:
(a) requires the purchaser of a lot, or any other person, to cast a vote at a meeting of the owners
corporation at the direction of another person, or
(b) requires the purchaser to give a proxy at the direction of another person for the purpose of
voting at a meeting of the owners corporation (that is a person cannot rely on any such proxy
to cast a vote as a proxy).
Notes on rights of proxies to vote:
1. A duly appointed proxy:
(a) may vote on a show of hands (or by any other means approved by a general resolution at a
meeting of the owners corporation), subject to any limitation in this form, or may demand a
poll, and
(b) may vote in the person’s own right if entitled to vote otherwise than as a proxy, and
(c) if appointed as a proxy for more than one person, may vote separately as a proxy in each
case.
2. 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, building manager or on-site residential property manager, or
(c) if the right to vote on any such matter is limited by this form.
Page 4 of 74
Notice of Company Nominee
COMPANY NAME:
COMPANY ACN / ABN:
STRATA PLAN NUMBER:
LOT(S) CONCERNED:
COMPANY ADDRESS
FOR SERVICE OF NOTICE:
COMPANY CONTACT NUMBER:
COMPANY EMAIL ADDRESS:
COMPANY NOMINEE:
COMPANY NOMINEE ADDRESS

FOR SERVICE OF NOTICE:
CONTACT NUMBER:
CONTACT EMAIL:
Complete the authorization clause below and if required by your company, affix the common seal.
THE COMMON SEAL of ……………………….………………..... )

is affixed on ……………………………….. with the authority )
of the directors and in accordance with its articles of )
association in the presence of: )
………………………………………………….. …………………………………………………..
Signature of authorized person Signature of authorized person
………………………………………………….. …………………………………………………..
Name of authorized person Name of authorized person
…………………………………………………… …………………………………………………..
Office held Office held
Page 5 of 74

DATE, PLACE &

87368 will be held on Wednesday, 18 November, 2020 by way
of teleconference / videoconference. The meeting will
commence at 5:30pm.
Please be advised that Change Strata Management will provide the teleconference /
videoconference details closer to the date of the meeting upon request.
Accordingly, please contact Peter Domazetovski to register for the Annual General Meeting.
MEETING AGENDA:
1. Preliminaries (record attendances, proxies, apologies, determine quorum, etc.)
Change Strata Management and the Chairperson will record attendances, receive
proxies, record any apologies and declare a quorum.
2. Opening
meeting time.
In the absence of the Chairperson, an election of a Chairperson in accordance with

clause 12 (2) of Schedule 1 of the Strata Schemes Management Act 2015 will be held.
3. To receive any reports from the Chairperson, Secretary and Treasurer
The office bearers of the Owners Corporation will be given an opportunity to

present any reports they have prepared concerning their activities over the last 12
months.
motions relate to the management and administration of the strata scheme. Many
of the motions are required to be considered by law.
Page 6 of 74

meeting.
6. Closure
concluded.
CALL FOR NOMINATIONS:
The Owners Corporation calls for nominations for members of the Strata Committee in
accordance with clause 5 (1) of Schedule 1 of the Strata Schemes Management Act 2015.
1. MINUTES:
1.1 That the minutes of the last general meeting of the Owners Corporation
held on Wednesday, 27 November, 2019 be confirmed as a true and

minutes of the last general meeting. If the minutes of the last meeting are
inaccurate, Owners can move that the minutes be amended.
2. INSURANCE:
2.1 That the insurances held by the Owners Corporation, as summarised below
be confirmed:


Page 7 of 74




Appeal Expenses
Flood: Selected
Excesses:


UW Levy: $105.00
GST: $7,421.68
Explanatory Note: - the Owners Corporation must hold certain insurance

cover under the Act.
See Certificate of Currencies attached under Appendix “A”
Page 8 of 74

2.2 That the Owners Corporation take out the following additional insurances:
Act;
Owners Corporation as provided in section 165(2) of that Act; and
(c) any other insurances deemed necessary.
Explanatory Note: - this motion, if approved, requires the Owners

Corporation to take out extra insurances to provide cover against additional
risks. The additional insurances are commonly known as office bearers’
liability insurance, fidelity guarantee insurance, machinery cover and
catastrophe insurance.
2.3 That Change Strata Management Pty Limited be authorised to seek

quotations for the schemes insurance renewal from appropriate policy
Explanatory Note: - Change Strata Management Pty Limited must provide the
Owners Corporation with not less than 3 quotations from different providers
for each type of insurance proposed to the Owners Corporation or provide
written reasons to the Owners Corporation, if less than 3 quotations are
provided.
3.1 That Change Strata Management report to the Owners Corporation as to

whether, and what, commissions or training services have been provided or
paid for Change Strata Management in the last 12 months and are likely to
be provided to or paid for Change Strata Management for the following 12
months.

Page 9 of 74


Commission
assisting
insurance
broker with all
the strata plan’s
insurance
related matters.


assisting
insurance
broker with all
the strata plan’s
insurance
related matters.

N/A N/A N/A N/A
Page 10 of 74


Service Service
N/A N/A N/A N/A
Explanatory Note: - Change Strata Management must report the following at

the Annual General Meeting:
(a) whether any commissions or training services have been provided to

or paid for the agent (other than by the Owners Corporation) in
connection with the exercise by the agent of functions for the scheme
during the preceding 12 months and particulars of any such
commissions or training services, and
(b) any such commissions or training services and the estimated amount
or value of any such commissions or training services that the agent
believes are likely to be provided to or paid for the agent in the
following 12 months
4.1 That Kelly + Partners be appointed as auditor of the Owners Corporation.
Explanatory Note: - This motions, if passed, appoints an auditor. The owners

corporation does not have to appoint an auditor unless its annual turnover
exceeds $250,000 or the strata scheme is a large scheme containing more
than 100 lots (excluding utility lots).
Page 11 of 74

5.1 That the Owners Corporation review the current Capital Works Fund Plan and,
if necessary, revise or replace that Plan; and
Explanatory Note: - the capital works fund plan must be reviewed at least once
every 5 years.
See copy of the Capital Works Fund Summary under Appendix “B”
5.2 That the Owners Corporation authorise and direct Change Strata
Explanatory Note: - the Owners Corporation is able to engage expert

assistance to prepare the plan.
6.1 That the attached statements of key financial information for the
Explanatory Note: - this motion, if carried, adopts the statements of key

financial information about the funds of the Owners Corporation. Those
statements are attached and contain key information about those funds such
as the total income for and expenditure from those funds and the balance of
the funds.
See Audited Financial Statements under Appendix “C”
7. BUDGET FOR 2020 – 2021:
7.1 That in accordance with section 79(1) and (2) of the Act, the Owners
Corporation estimates that in respect of the period from 1 September, 2020
to 31 August, 2021, it will need to credit to its administrative and capital
works funds for actual and expected expenditure referred to in those
subsections the amounts set out in the attached budget.
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Explanatory Notes: - this motion, if carried, approves a budget which

estimates how much money the Owners Corporation will need to raise to its
administrative and capital works funds.
See proposed Budget under Appendix “D”
8.1 That in accordance with section 81 of the Act, the Owners Corporation
determines that the following amounts are to be levied, to raise the amounts
estimated as needing to be credited to the administrative and capital works
funds:
Explanatory Notes: - this motion, if carried, determines the amounts to be

raised as contributions, to be levied on Owners, to those funds to raise the
estimated amounts included in the budget.
The contributions must be levied on owners in shares proportional to the unit

entitlements of their respective lots.
8.2 That the administrative fund contributions be paid in installments being:
(a) Installment 1 of $118,253.09 + GST due and payable on 1

September, 2020 (already raised); and

2020; and

2021; and

2021.
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Explanatory Note: - the funds raised to the administrative fund pay for
recurrent expenses.
8.3 That the capital works fund contributions be paid in installments being:


2020; and

2021; and

and

2021.
Explanatory Note: - the funds raised to the capital works fund pay for capital
expenditure.
8.4 That following resolutions 8.2 (e) and 8.3 (e), the administration fund and
capital works fund contributions be continued at quarterly intervals until
further determined.
Explanatory Notes: - this motion, if carried, approves contributions to

continue to be raised until a new budget and contributions are determined
by the Owners Corporation.
8.5 That the Treasurer is authorised to levy those contributions by written

notice on each person liable to pay them.
Explanatory Note: - any contribution becomes due and payable to the

Owners Corporation on the date set out in the notice of the contribution
which must be at least 30 days after the notice is given.
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9.1 That the owners corporation remove the limitation in section 102(2) of the
Act that prohibits spending an amount on any item or matter that is greater
than the amount specified for the item or matter (plus 10%) in estimates
provided for that item or matter in the budget adopted at the meeting:
(a) generally; or
(b) in relation to any particular item or matter.
Explanatory Note: - an Owners Corporation for a large strata scheme generally

must not spend on an item or matter an amount greater than the amount
specified for the item or matter (plus 10%) in estimates provided for that item
or matter at an annual general meeting.
The Owners Corporation may by a resolution passed at a general meeting

remove that limitation generally or in relation to any particular item or
matter.
This motion, if carried, will remove that limitation generally or in relation to

any particular item or matter (as the case may be).
10.1 That the Owners Corporation deals with overdue contributions payable to
the Owners Corporation as follows:

cases as follows:
Page 15 of 74



within 12 months.


Explanatory Note: - this motion, if carried, will permit some or all Owners to
pay levies over a period of up to 12 months.
The Owners Corporation may, by resolution at a general meeting, agree to

enter into payment plans, either generally or in particular cases, for the
payment of overdue contributions.
A payment plan must be limited to a period of 12 months but a further plan

may be agreed to by the Owners Corporation by resolution. The existence of
a payment plan does not limit any right of the Owners Corporation to take
action to recover the amount of unpaid contributions.
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10.2 That in respect of any unpaid contributions and interest which have
remained unpaid for a period of at least 14 days after the date that they


to recover overdue contributions, interest and recovery expenses.
Legal action cannot be taken to recover overdue contributions unless 21 days

written notice is given of such action in accordance with Section 86 of the Act.
Page 17 of 74

10.3 That where a person is jointly and severally liable for unpaid contributions
and interest under section 84 of the Strata Schemes Management Act 2015
the Owners Corporation will take steps against that person in accordance
with the remaining provisions of this motion as if that person was the Owner
of the lot referred to.

to recover overdue contributions, interest and recovery expenses from a
person jointly and severally liable.
11.1 That the Owners Corporation discuss defects and resolve how best to move
forward.
Explanatory Note: - currently in NSW a person who does residential building

work must provide warranties as to the quality of that work. Those
warranties generally run for a period of 2 years for minor defects and 6
years for major defects commencing from the date of completion of the
work.
The Owners Corporation have commenced proceedings against the Builder

(Ceerose Pty Ltd) and Developer (The Biscuit Factory Eastside (No. 2) Pty Ltd)
at the NSW Civil & Administrative Tribunal (“NCAT”). This motion, allows the
Owners Corporation to discuss and consider what action has been taken to
date and what further action should be taken.
12. CLADDING:
12.1 That the Owners Corporation discuss the presence of combustible cladding
at the building and resolve how best to proceed.
Explanatory Note: - Recent tests and reports undertaken by the Owners

Corporation have identified the presence of combustible cladding at the
building. A Special Levy of $600,000 (GST inc.) was approved at the Annual
General Meeting held Wednesday, 27 November, 2019, payable in 8
installments over 24 months.
Page 18 of 74

Since the last Annual General Meeting, the Owners Corporation have
commenced proceedings against the Builder and Developer at the NSW Civil
& Administrative Tribunal (“NCAT”) as part of the Building Defects claim
referred to under motion 11. This motion, allows the Owners Corporation to
discuss and consider what action has been taken to date and what further
action should be taken.
13.1 That the Owners Corporation:
Act 1979;

and
Explanatory Note: - this motion, if carried, authorises the Owners Corporation,

through Change Strata Management, to lodge an annual fire safety statement
with the Local Council and send a copy to the NSW Fire Commissioner.
If there is a fire safety schedule specifying the fire safety measures (both
current and proposed) that should be implemented in the building, the
Owners Corporation must lodge with the Local Council and give a copy to NSW
Fire Commissioner of an annual fire safety statement each year.
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An annual fire safety statement certifies (among other things) that each
essential fire safety measure installed in the building has been assessed and
was found to be performing to the standard required.
14.1 That Change Strata Management be authorised and directed to:

operate; and

in the building.
Explanatory Note: - the Owners Corporation may have obligations under the
Work Health and Safety Act 2011 to register and renew annually the
registration of items of plant with WorkCover. Items of plant include lifts and
car stackers.
This motion, if passed, authorises the Owners Corporation to appoint a

consultant to inspect and issue a statement concerning the safety of the lift
and any other items of plant in the building and register or renew the
registration of that plant with WorkCover each year.
15. RE-APPOINTMENT OF CHANGE STRATA MANAGEMENT PTY LTD:
15.1 That the Owners Corporation, in accordance with section 49 of the Act:
(a) appoints Change Strata Management Pty Limited as its Strata

Managing Agent (“Strata Managing Agent”);
(b) subject to (d) below, delegate to the Strata Managing Agent all of
its functions (other than those set out in section 52(2) of that Act)
and the functions of the Chairperson, Secretary, Treasurer and
Strata Committee;
Page 20 of 74

(c) execute the attached written agreement (“Agreement”), to give

effect to this appointment and delegation;
(d) note that the delegation is to be subject to the conditions and

limitations set out in the Agreement; and
(e) execute and affix its common seal to the Agreement and
authorise the secretary and chairperson to witness the affixing of
the seal to give effect to the appointment and delegation and to
evidence the terms of the appointment of the Strata Managing
Agent.
Explanatory Note: - the Owners Corporation may appoint a person who

is the holder of a strata managing agent’s licence under the Property,
Stock and Business Agents Act 2002 to be the Strata Managing Agent of
the scheme and delegate functions to that person.
The appointment and delegation must be made by instrument in writing

authorised by a resolution at a general meeting of the Owners
Corporation
Change Strata Management was appointed for 3 years at the First

Annual General Meeting held on 30 October, 2014, re-appointed for a
further 3 years at the Annual General Meeting held 22 November, 2017
and now seek re-appointment in accordance with section 49 of the Strata
Schemes Management Act, 2015.
This motion, if passed, will authorise the Owners Corporation to appoint

Change Strata Management as Strata Managing Agent and delegate
functions to the Strata Managing Agent as has been the case since the
Strata Plan’s inception on the terms of the attached agreement.
See agreement under Appendix “E”
Page 21 of 74

16.1 That the Owners Corporation permit any of the following means of voting on
a matter to be determined by the Owners Corporation at any subsequent
general meeting:

Explanatory Note: - the Owners Corporation may, by resolution, adopt any of

the following means of voting on a matter to be determined by the
Owners Corporation:

location,
owners corporation.
Any votes cast by any of the means of voting described above must comply
with any applicable information provided by the Secretary or Change Strata
This motion, is approved, will permit votes to be cast before and during any
subsequent general meeting by various electronic means.
Page 22 of 74

17.1 That the Owners Corporation elect the Strata Committee as follows:



Strata Committee.
been, elected to the Strata Committee; or
(ii) is greater than the number of members of the Strata

Committee so decided—a ballot is to be held in
accordance with clause 10 of the Strata Schemes
Management Regulation 2016.
Explanatory Note: - At the meeting the Chairperson must announce the names
of the candidates already nominated in writing for election to the Strata
Committee and call for any oral nominations of candidates eligible for election
to the Strata Committee.
After the Chairperson declares that nominations have closed, the Owners
Corporation is to decide, in accordance with the Act, the number of members
If the number of candidates nominated for election to the Strata Committee:
Page 23 of 74

(a) is the same as, or fewer than, the number of members of the Strata
Committee decided on—those candidates are to be declared by the
Chairperson to be, and are taken to have been, elected as the Strata
Committee, or
(b) is greater than the number so decided on—a ballot is to be held.
18.1 That the Owners Corporation decide if any matter or type of matter is to be
determined only by the Owners Corporation in general meeting and not by
the Strata Committee.
Explanatory Note: - the Owners Corporation is able to impose additional

restrictions on the power of the Strata Committee beyond those restrictions
contained in the Act. This motion, if carried, decides if any matter or type of
matter is to be determined only by the Owners Corporation in general
meeting and not by the Strata Committee.
Date of this Notice: Wednesday, 28 October, 2020
Page 24 of 74

Your Strata Manager
Level 4, 350 George Street, Sydney. Please do not hesitate to contact Mr Peter
Domazetovski on either 02 8203 3111 or peter@changestrata.com.au if you have any
questions or queries regarding this notice.
Definitions

VOTING AT THE ANNUAL GENERAL MEETING
In these notes: -
(a) A priority vote means a vote by:
- the mortgagee of a lot under a mortgage shown on the strata roll as having
priority over any other mortgage, or over any covenant charge, shown on the
strata roll in relation to the lot; or
roll as having priority over any mortgage shown on the roll in relation to the
lot; or
roll without any mortgage being shown on the roll in relation to the lot.
(b) A proxy means a person appointed as a proxy by an instrument in the prescribed form.
(c) A person entitled to vote means (unless otherwise specified) a person entitled to vote on
a motion other than a motion requiring a unanimous resolution.
Page 25 of 74

1. A vote at the meeting by the owner of a lot does not count if a priority vote in respect of
the lot is cast in relation to the same matter.
2. An owner of a lot, or a person with a priority vote in respect of a lot, cannot vote at the
meeting on a motion (other than a motion requiring a unanimous resolution) unless
payment has been made before the meeting of all contributions levied on the owner, and
any other amounts recoverable from the owner, in relation to the lot that are owing at the
date of this notice.
3. If you, as the addressee of this notice:
(a) are not a corporation, then voting and other rights conferred by Schedule 1 of
the Strata Schemes Management Act 2015 may be exercised by you in person
or by a proxy appointed by you; or
(b) are a corporation, then voting and other rights conferred by that Schedule
may be exercised only by your company nominee in person, or by proxy
appointed by the corporation.
4. Your right to vote as an owner, company nominee or person with a priority vote also
depends upon your name being recorded on the strata roll.
5. If a matter may be determined at the meeting partly by pre-meeting electronic voting, the
relevant motion may be amended by a further motion given at the meeting after the pre-
meeting electronic voting takes place and consequently the pre-meeting vote may have no
effect.

amended at the meeting.

amended at the meeting if the effect of the amendment is to change the subject matter of
the original motion.
8. If a motion that is to be determined wholly or partly by pre-meeting electronic voting is

amended at the meeting, the minutes of the meeting distributed to owners must be
accompanied by notice of the change and a statement setting out the power to make a
qualified request for a further meeting under section 19 of the Act.
Page 26 of 74


QUORUM FOR THE ANNUAL GENERAL MEETING
1. A motion submitted at the Annual General Meeting must not be considered, and an
election must not be held at the meeting, unless there is a quorum present to consider
and vote on the motion or on the election.
2. There is a quorum for considering and voting on such a motion or at such an election only
in the following circumstances:
(a) if not less than one-quarter of the persons entitled to vote on the motion or
election are present either personally or by duly appointed proxy,
(b) if not less than one-quarter of the aggregate unit entitlement of the strata
scheme is represented by the persons who are present either personally or by
duly appointed proxy and who are entitled to vote on the motion or election,
(c) if there are 2 persons who are present either personally or by duly appointed
proxy and who are entitled to vote on the motion or election, in a case where
there is more than one owner in the strata scheme and the quorum otherwise
calculated under this sub clause would be less than 2 persons.

4. If no quorum is present within the next half-hour after the relevant motion or business
arises for consideration at the meeting, the chairperson must:
(a) adjourn the meeting for at least 7 days, or
(b) declare that the persons present either personally or by duly appointed proxy
and who are entitled to vote on the motion or election constitute a quorum
for considering that motion or business and any subsequent motion or
business at the meeting.
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5. If a quorum is not present within the next half-hour after the time fixed for the adjourned
meeting, the persons who are present either personally or by duly appointed proxy and
who are entitled to vote on the motion or election constitute a quorum for considering
that motion or business and any subsequent motion or business at the meeting.
CALL FOR NOMINATIONS FOR MEMBERS OF THE STRATA COMMITTEE
1. At the annual general meeting a strata committee will be elected.
2. Any owner, or any person entitled to vote at a general meeting of an owners corporation,
is invited to nominate a person for election as a member of the strata committee.
3. The nomination is to be made by written notice given to the secretary of the owners
corporation.
4. The secretary must include any nominations in the notice of the annual general meeting.
Notice of any subsequent nomination is to be given by the secretary at the meeting.
5. A nomination may be made at any time before the election is held and may be made at
the meeting.
6. An owner or a person may make a nomination even if the owner or person cannot vote
because the owner is an unfinancial owner.
INFORMATION ABOUT ELIGIBILITY FOR APPOINTMENT TO THE STRATA COMMITTEE*
Persons who are eligible to be appointed or elected to strata committee
1. The following persons are eligible for appointment or election to the strata committee of
an owners corporation:
(a) an individual who is a sole owner of a lot in the strata scheme,
(b) a company nominee of a corporation that is a sole owner of a lot in the strata
scheme,
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(c) an individual who is a co-owner of a lot or a company nominee of a

corporation that is a co-owner of a lot in the strata scheme, if the person is
nominated for election by an owner who is not a co-owner of the lot or by a
co-owner of the lot who is not a candidate for election as a member,
(d) an individual who is not an owner of a lot in the strata scheme, if the person is
nominated for election by an owner of a lot who is not a member, or is not
seeking election as a member, of the strata committee.
2. To avoid doubt, an individual who is a sole owner of a lot may nominate himself or herself,
and an owner that is a corporation may nominate the corporation’s company nominee,
for election as a member of the strata committee.
3. A sole owner of a lot in a strata scheme may not nominate more than one person for
election as a member of the strata committee, except as provided by paragraph 5 below.
4. Only one co-owner (including a company nominee of a co-owner) of the same lot may be
a member of a strata committee at the same time, except as provided by paragraph 5
below.
5. A person who is an owner of more than one lot in the strata scheme may nominate one
person for election as a member of the strata committee for each lot for which the person
is an owner.
Persons who are not eligible to be appointed or elected to strata committee
1. The following persons are not eligible for appointment or election to a strata committee
or to act as members of a strata committee unless they are also the owners of lots in the
strata scheme:
(a) the building manager for the strata scheme,
(b) a person who acts as an agent for the leasing of a lot or lots in the strata
scheme to tenants,
(c) a person who is connected with the original owner of the strata scheme or the
building manager for the scheme, unless the person discloses that connection
at the meeting at which the election is held and before the election is held or
before the person is appointed to act as a member,
Page 29 of 74

(d) any other person prescribed by the regulations for the purposes of this
section.
2. An owner of a lot in a strata scheme who was an unfinancial owner at the date notice was
given of the meeting at which the election of a strata committee is to be held and who did
not pay the amounts owing by the owner before the meeting is not eligible for
appointment or election to the strata committee.
3. A person who becomes ineligible for appointment or election to a strata committee after
being appointed or elected to the strata committee must disclose that fact to the secretary
or chairperson of the owners corporation as soon as possible after becoming aware of that
fact.
4. A disclosure by a person referred to above, other than a disclosure that is made at a

meeting of an owners corporation or strata committee, is to be made by written notice
given to the secretary or chairperson.
5. A member of the strata committee is not entitled to vote on any motion put or proposed
to be put to the strata committee if the member was, or was nominated as a member by
a member who was, an unfinancial owner of a lot in the strata scheme at the date notice
of the meeting was given and the amounts owed by the unfinancial owner were not paid
before the meeting.
INFORMATION ABOUT TENANTS AT THE MEETING
1. A tenant who has been notified in accordance with the Act to the owners corporation as
a tenant of a lot in the strata scheme is entitled to attend the meeting but is not entitled
to vote at the meeting unless the tenant is the holder of a duly appointed proxy.
2. A tenant is not entitled to address the meeting unless authorised to do so by a resolution

of the owners corporation.
3. The owners corporation may, at the meeting, determine that tenants (other than tenants
who hold duly appointed proxies) are not entitled to be present when the following
matters are being discussed or determined:
Page 30 of 74


(d) a strata renewal proposal under Part 10 of the Strata Schemes Development
Act 2015 or any related matter.
Page 31 of 74
APPENDIX "A"
Level 33, 101 Miller Street

North Sydney NSW 2060
PO BOX 500, North Sydney NSW 2059
Phone: 1300 361 263

Email: info_nsw@chu.com.au
BAC INSURANCE BROKERS PTY LTD

PO BOX 84
DARLINGHURST NSW 1300
Certificate of Currency
CHU Residential Strata Insurance Plan
Policy No HU0006270
Policy Wording CHU RESIDENTIAL STRATA INSURANCE PLAN
Period of Insurance 14/09/2020 to 14/09/2021 at 4:00pm
The Insured THE OWNERS - STRATA PLAN 87368
Situation 5 PYRMONT BRIDGE ROAD CAMPERDOWN NSW 2050
Policies Selected
Policy 1 – Insured Property
Building: $59,188,950
Common Area Contents: $591,890
Loss of Rent & Temporary Accommodation (total payable): $17,756,685
Policy 2 – Liability to Others

Policy 3 – Voluntary Workers

Death: $200,000
Total Disablement: $2,000 per week
Policy 4 – Workers Compensation

Not Available
Policy 5 – Fidelity Guarantee

Policy 6 – Office Bearers’ Legal Liability

Policy 7 – Machinery Breakdown

Policy 8 – Catastrophe Insurance

Extended Cover - Loss of Rent & Temporary Accommodation: $1,331,751
The contract of insurance is arranged by CHU Underwriting Agencies Pty Ltd (ABN 18 001 580 070, AFSL 243261) on behalf of the insurer: QBE Insurance (Australia) Limited
(ABN 78 003 191 035, AFSL 239545).
Page 32 of 74
Escalation in Cost of Temporary Accommodation: $443,917
Cost of Removal, Storage and Evacuation: $443,917
Policy 9 – Government Audit Costs and Legal Expenses

Appeal expenses – common property health & safety breaches: $100,000
Legal Defence Expenses: $50,000
Policy 10 – Lot owners’ fixtures and improvements (per lot)

Flood Cover is included.
Other than as set out above, the terms, conditions, exclusions and limitations contained in Your Policy
remain unaltered.
Notes
25.1.1 Aluminum Composite Panel Excess Conditions
All Damage arising directly or indirectly caused by fire resulting in any
claim to the internal or external cladding materials, generally known as
'Aluminium Composite Panels' (ACP), affixed to buildings as defined under
'Policy 1 - Insured Property a. Buildings' is subject to an Excess of
$50,000 any one Event.
All Damage arising directly or indirectly caused by fire resulting in any

claim not involving the internal or external cladding materials affixed to
buildings specified in this clause, will be otherwise subject to an Excess
of $5,000 any one Event.
Effective Date 14/09/2020
This certificate confirms that from the effective date noted above, a Policy existed for the sums insured shown.
It is not intended to amend, extend, replace or override the Policy terms and conditions. This certificate is issued as a
matter of information only and confers no rights on the certificate holder.
The contract of insurance is arranged by CHU Underwriting Agencies Pty Ltd (ABN 18 001 580 070), AFSL 243261) on behalf of the insurers: QBE insurance (Australia) Limited
(ABN 78 003 191 035, AFSL 239545).
Policy No HU0006270 Page 2 of 2
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APPENDIX "B"
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APPENDIX "C"
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APPENDIX "D"
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APPENDIX "E"
STRATA MANAGEMENT
AGENCY AGREEMENT
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STRATA MANAGEMENT AGENCY AGREEMENT Dated:
The Owners – Strata Plan No. 87368, DNA “Owners Corporation”
Attention: The Secretary
Address: 5 Pyrmont Bridge Road

Email:
ABN: 69 577 126 096
The Agent Change Strata Management Pty Limited “Agent”
Attention: The Licensee
Address: Suite 412, Level 4, 350 George Street

Sydney, NSW 2000
ABN: 65 123 332 687 Email:: mite@changestrata.com.au
Phone: (02) 8203 3111 Facsimile: (02) 9223 8831
SCA (NSW) Member no: 20001 Licence no: 1667551
Particulars
Item 1 Professional Indemnity In accordance with Section 22 of the Agents Act
Item 2 Commencement date
Item 3 Term 3 Years

Item 4 Review date In relation to agreed services - annually on each anniversary of the commencement date
In relation to additional services rates – 1 July each year commencing 2021
In relation to charges – 1 July each year commencing 2021
Item 5 Percentage increase p.a. 5%
Item 6 Agreed service fee p.a. (tick applicable option)
Option 1 - $33,330.00 plus rebates discounts and commissions in Disclosure Schedule C1 and C2 -
Agent retains all commissions (refer to clause 3.3(a) or
Option 2 - $ plus rebates discounts and commissions
in Disclosure Schedule C2 - Agent retains some commissions (refer to clause 3.3(b) or
Option 3 - $ - Agent not entitled to commissions or
the fee as described in clause 3.3(c)
All fees under this agreement are GST INCLUSIVE (clause 9)
Item 7 Fee payment method Monthly in arrears

Item 8 Manner of accounting Financial Statements Frequency of Accounting Online
6 Monthly 6 Monthly Via Portal Login
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Signatures
Owners Corporation
In the presence of
The common seal of the owners corporation was affixed on
Signature
Signature
Name Name
Designation Designation
Being the person(s) authorised by Section 273 of the Act to attest the affixing of the seal.
Agent
Executed by the agent in accordance with Section 126 or 127 of the Corporations Act 2001 (Cth) in the presence of
Signature of Signature of
Authorised Person Authorised Person
Name of Mite Domazetovski Name of Tina Domazetovski

Authorised Person Managing Director Authorised Person Company Secretary
Service
The owners corporation acknowledges receipt of a copy of this agreement within 48 hours of the execution by the owners corporation (refer to page 9 for
IMPORTANT NOTES to the parties executing this agreement.
Signature Name
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STRATA MANAGEMENT AGENCY AGREEMENT
Agreement
1. Warranties and acknowledgment
1.1 The owners corporation warrants that it has resolved and has authority to enter into the agreement.
1.2 The agent warrants that the agent holds:
(a) a strata managing agent’s licence under the Agents Act and that such licence will be maintained while the agreement is in force; and
(b) professional indemnity insurance as indicated in Item 1.
2. Appointment of and delegation to agent
2.1 The owners corporation:
(a) appoints the agent as the strata managing agent for the strata scheme; and
(b) subject to clause 2.2 and 2.3, delegates the agreed services and additional services to the agent,
from the commencement date for the agreed services fee and the additional services fee, until the agreement is terminated in accordance with
clause 5 or at the end of the term whichever is the earlier.
2.2 The extent of authority for agreed services and additional services that has been delegated is stated in schedule A1, being either:
(a) full authority with no limitations;
(b) full authority subject to limitations as disclosed in schedule A2; or
(c) no authority, in which case there is no delegation.
Where a selection has not been indicated on schedule A1 of either (a), (b) or (c), then the extent of authority that has been delegated is FULL
AUTHORITY WITH NO LIMITATIONS.
2.3 The parties acknowledge that:
(a) the delegation to the agent in clause 2.1 does not:
(i) constitute a delegation by the owners corporation of its power to make:
(A) a delegation under section 52 of the Act; or

(B) a decision on a matter required by the Act to be decided by the owners corporation; or
(C) a determination relating to the levying or payment of contributions; or
(ii) prevent the owners corporation or the strata committee from performing all or any of the agreed services or additional services (if any);
and
(b) the agent does not have and may not exercise any of the powers, authorities, duties or functions of the owners corporation that are
conferred on another strata managing agent appointed for the owners corporation under section 237 of the Act once being notified of any
such appointment by the Tribunal or the owners corporation.
3. Fees and charges
3.1 The owners corporation must pay to the agent in accordance with the fee payment method:
(a) the agreed services fee; and
(b) the additional services fee for any additional services performed by the agent; and
(c) the charges associated with the performance of the agreed services and any additional services.
3.2 The owners corporation authorises the agent to retain any fees paid to the agent for supplying to third parties information that the owners
corporation must supply under the Act and retain any fees paid to the agent for supplying to third parties information that is not required
under the Act, provided that such fees are charged in accordance with those set out in schedule B.
3.3 In addition to the fees and charges in clause 3.1 and 3.2, the agent is entitled to remuneration for its services in the form of rebates, discounts and
commissions disclosed in schedule C1 and schedule C2 as follows:
(a) If the first option in item 6 is selected, the agent may retain rebates, discounts and commissions paid to it by the providers of goods
and services to the owners corporation described in the disclosure schedule C1 or schedule C2 or as otherwise notified in writing to the
owners corporation from time to time and agreed in writing by the owners corporation.
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(b) If the second option in item 6 is selected, the agent must pay to the owners corporation any rebates, discounts and commissions paid to
it by providers of goods and services to the owners corporation within 30 days of receipt except for any rebates, discounts and
commissions described in the disclosure schedule C2 which may be retained by the agent.
(c) If the third option in item 6 is selected, the agent must pay to the owners corporation any rebates, discounts and commissions paid to it by
providers of goods and services to the owners corporation within 30 days of receipt.
(d) If the owners corporation:
(i) delegates the agent to arrange insurance cover;
(ii) selects the first or second option in item 6; and
(iii) later takes steps to arrange its own insurance or directs, instructs or passes a resolution that has the effect that the agent does not
receive a commission or rebate for the placement of insurance,
then the agreed services fee shall be increased by an amount equivalent to the commission the agent would have received had the agent
arranged the insurance cover.
3.4 The agent must account to the owners corporation for money received by the agent on behalf of the owners corporation in the manner and
with the frequency set out in item 8.
3.5 At any time, by written agreement between the parties, items may be added to or deleted from the additional services rates and/or charges.
4. Review of fees and charges
4.1 The agreed services fee, the additional services rates and the charges will be reviewed on the review date by the agent.
4.2 Unless otherwise agreed before the review date, the agreed services fee, the additional services rates and the charges payable on and from
the review date will be increased in accordance with item 5.
4.3 The agent will notify the owners corporation of the new agreed services fee, the additional services rates and the charges as soon as
practicable after the review date.
5. Terminating the agreement
5.1 After the expiry of the term, the agreement will automatically end unless the owners corporation extends the agreement in accordance with
section 50(4) of the Act.
5.2 The agreement may be terminated at any time with the mutual consent of the parties.
5.3 Any notice to terminate under this agreement can only be given by the owners corporation if authorised by a resolution of the owners
corporation at general meeting.
5.4 Despite this clause 5 and without affecting any of its other rights, the agreement may be terminated with immediate effect by written notice
given by:
(a) the owners corporation:
(i) if the agent is in breach of the agreement and fails to remedy that breach within 28 days after the owners corporation serves a written notice
on the agent providing particulars of the breach; or
(ii) where the agent is an individual, the agent is declared bankrupt; or
(iii) where the agent is a corporation, the agent is wound up or placed in administration or liquidation; or
(iv) if the agent ceases to hold a strata managing agent’s licence; or
(b) the agent if:
(i) the owners corporation is in breach of the agreement and fails to remedy that breach within 28 days after the agent serves a written
notice on the owners corporation providing particulars of the breach; or
(ii) an order by a Court is made for the variation or termination of the strata scheme under Part 9 or 10 of the Development Act; or
(iii) the owners corporation fails to pay any moneys owed under this agreement after the agent serves a written notice on the owners
corporation providing particulars of the amount outstanding; or
(iv) the owners corporation fails to comply with any law or fails to provide adequate instructions or prevents the agent from carrying out its obligations
under this agreement after the Agent serves a written notice on the owners corporation providing particulars of the breach.
5.5 The agreement is terminated on the appointment of a strata managing agent under section 237 of the Act to exercise or perform all the
functions of the owners corporation and, if so terminated, the agent will not be entitled to:
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(a) any remuneration by way of commission, agreed services fee, additional services fee, charges or otherwise in respect of any period after
the termination; or
(b) any payment (in the nature of a penalty or otherwise) by reason of the early termination.
5.6 In the event of termination, the agent must provide all books, records, accounts, funds and property of the owners corporation in the
agent’s possession to the secretary of the owners corporation, or persons nominated by the secretary of the owners corporation, within seven
(7) business days.
6. Liability of the agent and exclusions
6.1 The agent is liable to the owners corporation:
(a) only for services actually supplied or that should have been supplied under this agreement; and
(b) on the terms of this clause 6.
6.2 The agent is excluded from all liability for any claim, liability or loss arising directly or indirectly out of the services or additional services or arising from any
cause of action whatsoever except to the extent that the claim, liability or loss is caused or contributed to by the agent’s wilful breach of this
agreement, gross negligence, dishonesty or fraud. The owners corporation agrees that it will at all times indemnify the agent against all actions, suits,
proceedings, costs, claims, expenses or demands which may arise in the course of or as a result of the agent’s management of the scheme, including
all legal expenses incurred by the agent in defence of or initiation of any legal proceedings as well as any excess payable under the agent’s
professional indemnity insurance;
(a) by third parties against the agent;
(b) by the owners corporation against the agent arising before, during or after this agreement.
6.3 The agent’s maximum liability to the owners corporation for any breach of this agreement, or arising out of the provision or non provision
of the agreed services or the additional services or by taking steps contrary to this agreement, whether under law of contract, tort or
otherwise, is limited to the amount of the agreed services fees for the year in which the liability arose.
6.4 The agent is deemed to be discharged from all liability in respect of the agreed services and the additional services, whether under the law
of contract, tort or otherwise, at the expiration of two years from the date of the act or omission giving rise to the liability, and the owners
corporation (and persons claiming through or under the owners corporation) shall not be entitled to commence any action or claim against the
agent in respect of that act or omission after that date.
6.5 Clauses 6.1, 6.2, 6.3, 6.4 and 6.5 apply to the extent permitted by law.
6.6 The owners corporation must indemnify the agent immediately on demand against any matter for which the agent has no liability to the
owners corporation including in respect of the matters referred to in clause 6.2 and 6.3.
7. Transfer of the agreement
7.1 The agent cannot transfer the agreement without the written consent of the owners corporation, which consent shall not be unreasonably
withheld if the agent satisfies the owners corporation that the proposed transferee and related persons are fit and proper persons and
have the qualifications, competence and experience to perform the agreed services and additional services at an agreed services fee and an
additional services fee not greater than the current agreed services fee and additional services fee.
7.2 The owners corporation must advise the agent of its decision whether to approve a proposed transfer within 28 days after receiving from
the agent the information reasonably necessary to make the decision.
7.3 If the owners corporation approves the transfer, the owners corporation, the agent and the transferee must enter into a transfer
agreement, or alternatively if the agent elects to enter into a new agency agreement then clause 7.4 will apply.
7.4 After the transfer agreement has been entered into or, if an election has been made by the agent under clause 7.3, the new agent must
request that the owners corporation enter into a new agency agreement and the owners corporation must advise the new agent of its decision to enter
into a new agency agreement within 28 days after such request, such approval not to be unreasonably withheld if the new agency agreement is on the
same terms as this agreement, or on terms not less favourable to the owners corporation as this agreement. The new agent must pay the reasonable cost
of preparing the new agency agreement, preparing and holding the meetings of the strata committee and the general meeting of the owners corporation,
however if the meeting relates to more than approval of the minutes of the last meeting and the resolution relating to the new agency agreement, then
the new agent must pay the proportionate share of the total cost relating to approval of the new agency agreement.
8. Service of notices
8.1 Any notice to be served under the agreement:
(a) must be served either personally, by post, facsimile or e-mail using the details provided on the front page of this agreement, or other
notice details subsequently notified from time to time by a party in writing to the other party; and
(b) is served the first time it is served if it is served more than once.
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9. GST
9.1 Words or expressions used in this clause 9 or elsewhere in the agreement that are defined in the GST Act have the same meaning in the
agreement.
9.2 The parties acknowledge that:
(a) the agreed services fee, the additional services rates and the charges are inclusive of GST and are based on a GST rate of 10%; and
(b) if the rate of GST increases or decreases, the agreed services fee, the additional services rates and the charges will simultaneously increase or
decrease so that the agent receives the same GST exclusive payment as it received before the change in the rate of GST.
10. Work, health and safety
10.1 The parties mutually covenant and agree that they will each comply with their respective obligations under the Work Health & Safety Act 2011
(NSW) and the Work Health & Safety Regulation 2011 (NSW) (WHS Act 2011 and WHS Regulation 2011), as amended from time to time.
10.2 Subject to the provisions of the WHS Act 2011 and WHS Regulation 2011, the owners corporation’s appointment of the agent under this
agreement does not constitute the appointment of the agent as a principal contractor within the meaning of regulation 293 of the WHS
Regulation 2011 (as amended from time to time).
11. Definitions
The following words have these meanings in the agreement unless the contrary intention appears:
Act Strata Schemes Management Act 2015 (NSW).
additional services the functions and duties of the owners corporation set out in schedule A1 or schedule A2.
additional services fee the fee for the supply by the agent of the additional services calculated according to the additional services rates,
as varied under the agreement.
additional services the rates for carrying out the additional services set out in schedule B, as varied under the agreement.
rates agent the person described on the front page of the agreement and, where appropriate, includes the agent’s employees
and contractors or any transferee under clause 7.
Agents Act Property, Stock and Business Agents Act 2002 (NSW).
agreed services the functions and duties of the owners corporation set out in:
a) schedule A1 other than those marked “No authority”; and
b) schedule A2.
agreed services fee the fee in item 6 for the supply of the agreed services, as varied under the agreement.
agreement this agreement including the particulars, schedules and attachments.
charges CPI the costs and associated fees set out in schedule B and/or schedule D, as varied under the agreement.
the All Groups consumer price index published by the Australian Bureau of Statistics for Sydney, or if that bureau
stops publishing the CPI, then the index recommended by the Property Council of Australia as the index that most
appropriately replaces the CPI.
Development Act in relation to a freehold strata scheme, the Strata Schemes Development Act 2015 (NSW).
disclosure schedule schedules C1 and C2.
strata committee the strata committee of the strata scheme.
GST Act A New Tax System (Goods and Services Tax) Act 1999 (Cth).
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item loss an item in the Particulars.
any damage or damages, loss, costs (including, without limitation, the costs of complying with any verdict, award
or settlement of any dispute and legal costs on a solicitor and own client costs basis), expense, charge, payment of
liability, in any case, whether accrued or paid but not indirect, incidental or consequential loss or damages.
minimum term the period or event in item 3:
a) commencing on the commencement date; and
b) expiring at the duration of the period identified or event in item 3.
non-standard work means any work not defined as standard work.
owners corporation the owners corporation described on the front page of the agreement and, where appropriate, includes the
employees, agents (other than the agent), contractors and invitees of the owners corporation.
Regulation Property, Stock and Business Agents Regulation 2014 (NSW).
related person in relation to a proposed transferee which is a:
a) corporation, — a ‘related entity’ of the corporation within the meaning of section 9 of the Corporations
Act 2011 (Cth); or
b) partnership,— the partners and principal staff of the partnership.
SCA (NSW) means Strata Community Australia (NSW).
services the agreed services and additional services.
standard work Means:
a) construction work where there is no requirement to work above three (3) metres, including but not
limited to, replacement of roofing, guttering;
b) general maintenance works, including but not limited to, lawn mowing, gardening, window cleaning (below
three (3) metres), painting;
c) minor maintenance repairs, including but not limited to, repair/replacement of leaking pipes, replacing
tiles/pavers, lock replacement/repairs;
d) maintenance of essential fire safety equipment;
e) annual inspection and notifications required for essential fire safety equipment;
f) pest management treatments (excluding fumigation);
g) lift, travellator or escalator maintenance; or
h) renewal of plant registrations in accordance with the requirements of the WHS Act 2011 and WHS
Regulation 2011;
provided however:
a) if any of these works require a principal contractor (as defined under the WHS Act 2011 and WHS
Regulation 2011) to be appointed then the works will be considered Non-Standard Work; or
b) if there is any inconsistency between Standard Work and Non-Standard Work, the work will be
interpreted as Non-Standard Work.
strata scheme the scheme described on the front page of the agreement.
Tribunal Means the NSW Civil and Administrative Tribunal.
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12. Interpretation
In the agreement, unless the contrary intention appears:
(a) a reference to:
(i) a thing includes the whole or each part of it;
(ii) a document includes any variation or replacement of it;
(iii) a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments,
reenactments or replacements of any of them; and
(iv) a person includes that person’s executors, administrators, successors, substitutes (including but not limited to, person taking by
novation) and assigns;
(b) the singular includes the plural and vice versa;
(c) headings do not affect interpretation; and
(d) despite clause 11, the words defined in clause 11 are defined words whether or not these words are in italics.
Important notes for the parties when executing the agreement:
• The agent may not be entitled to any fee for services performed unless the agent serves a copy of the agreement signed by the
agent on the owners corporation within 48 hours after the agreement is signed by or on behalf of the owners corporation.
• Once the terms of the agreement have been agreed, the agent should sign the agreement in duplicate and submit the
agreement in duplicate to the owners corporation for signing. The owners corporation should sign, date and acknowledge
receipt of the agreement on both counterparts.
• The agent should retain a copy of the signed agreement.
• A copy should be given to the secretary of the owners corporation.
• The agent should provide a copy of the proposed agreement to all parties required to be given notice of the meeting at which
the agreement is proposed to be approved.
• If the owners corporation does not nominate two (2) persons to witness the affixing of the seal then the seal must be affixed in
the presence of the secretary and any other member of the strata committee.
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Schedule A1
NOTE: Where this Schedule A1 provides for choices and no choice is selected, “Full authority with no limitations” applies. DO NOT delete any item in this
schedule, as it may render the agreement in breach of the Property Stock and Business Agents Act 2002 (NSW). If a duty / function does not apply, the mark
the box “No authority”.
Duties and functions as described in the
Limitations as Disclosed in
Full Authority Subject to
Property Stock & Business Agents Regulations
FULL AUTHORITY WITH
Regulation Schedule 6
(Schedule 6 Clause 6).
NO LIMITATIONS
No Authority
Schedule A2
Clause 6 Ref
Undertaking the financial management of funds and books of account. 6(a)
Holding documents and maintaining records relating to the scheme (for example, the strata 6(b)
roll, notices and minutes of meetings).
Arranging building inspections and reports. 6(c)
Effecting repairs to and maintaining common property or engaging appropriately qualified 6(d)
tradespersons to do Standard Work, with limitations on expenditure that may be incurred by the
agent without obtaining approval of the person on behalf of whom the agent is acting.
Engaging appropriately qualified tradespersons to do Non-Standard Work, and the appointment 6(d)
on behalf of the owners corporation of a principal contractor within the meaning of regulation
293 of the WHS Regulation 2011 for such Non-Standard Work, with limitations on expenditure
that may be incurred by the agent without obtaining the principal’s approval.
Paying disbursements and expenses incurred in connection with the agent’s management of the 6(e)
scheme.
Arranging insurance cover for the scheme. 6(f)
NOTE- Where the owners corporation arranges for placement of the insurance cover or engages
a third party i.e an insurance broker, the agent is indemnified by the owners corporation to the
extent of liability contributed by an act, omission or negligence on behalf of the owners
corporation or third party in placing the insurance cover.
Issuing and serving notices to comply with a by-law. 6(g)
Managing the capital works fund and the administrative fund. 6(h)
Undertaking steps necessary to recover any money owing in relation to levies. 6(i)
Representing the owners corporation in tribunal or court proceedings. 6(j)
Paying accounts in relation to the owners corporation (for example, accounts for water charges, 6(k)
council rates and maintenance).
Arranging and undertaking administrative duties in relation to annual general meetings, strata 6(l)
committee meetings and other general meetings
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Schedule A2 *
NOTE: Full authority is provided for the duties and functions disclosed in this Schedule subject to the extent of any limitations on authority stated in this
table.
Duties and functions Limitations on Authority Fee

(if nothing stated, Method
then no limitations apply)
Undertaking the financial management of funds and books Following instruction from the owners corporation or its Refer to Schedule
of account. elected representative to establish investment bearing B & D of agreement
bank accounts & transferring monies to & from the
accounts
Holding documents and maintaining records relating to the Refer to Schedule

scheme (for example, the strata B & D of agreement
roll, notices and minutes of meetings).
Arranging building inspections and reports. Following instruction from the owners corporation or its Refer to Schedule
elected representative B of agreement
Effecting repairs to and maintaining common property or Limitation of expenses set at $2,000 without the principals Refer to Schedule
engaging appropriately qualified tradespersons to do approval with the exception of emergency repairs D of agreement
Standard Work, with limitations on expenditure that may
be incurred by the agent without obtaining approval of the
person on behalf of whom the agent is acting.
Engaging appropriately qualified tradespersons to do Non- Only where an appropriately qualified building consultant Refer to Schedule
Standard Work, and the appointment on behalf of the has been engaged and advises the owners corporation as to D of agreement
owners corporation of a principal contractor within the the appointment of a principle contractor and ensures such
meaning of regulation 293 of the WHS Regulation 2011 for an appointment is made
such Non-Standard Work, with limitations on expenditure
that may be incurred by the agent without obtaining the
principal’s approval.
Paying disbursements and expenses incurred in connection Refer to Schedule

with the agent’s management of the scheme. D of agreement
Arranging insurance cover for the scheme. Refer to Schedule

D of agreement
NOTE- Where the owners corporation arranges for
placement of the insurance cover or engages a third party
i.e an insurance broker, the agent is indemnified by the
owners corporation to the extent of liability contributed by
an act, omission or negligence on behalf of the owners
corporation or third party in placing the insurance cover.
Issuing and serving notices to comply with a by-law. Following instruction from the owners corporation Refer to Schedule
B of agreement
Managing the capital works fund and the administrative Refer to Schedule
fund. D of agreement
Undertaking steps necessary to recover any money owing Following instruction from the owners corporation Refer to Schedule
in relation to levies. B of agreement
Representing the owners corporation in tribunal or court Following instruction from the owners corporation Refer to Schedule
proceedings. B of agreement
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Paying accounts in relation to the owners corporation (for Refer to Schedule
example, accounts for water charges, council rates and D of agreement
maintenance).
Arranging and undertaking administrative duties in relation Refer to Schedule

to annual general meetings, strata committee meetings and B of agreement
other general meetings
* These fees have been negotiated between the parties to the agreement
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Schedule B – Fees
Item Charge Unit
(inclusive of GST)
Hourly Rates*
Hourly rate for director $330.00 Per hour
Hourly rate for strata manager - weekdays $275.00 Per hour

- weekends & public holidays $412.50 Per hour
Hourly rate for accountant $187.00 Per hour
Hourly rate for administration staff $132.00 Per hour
Please Note: - works will be proportionately charged in 15 minute components for

work involving shorter periods less than an hour.
Disputes, office of fair trading (OFT) & New South Wales civil & administration
tribunal (NCAT) or court*
Attendance to disputes, mediation, orders, OFT, NCAT or any other court proceedings Hourly rate for the strata Per 15 minutes
by authorisation by the owners corporation & accompanied by an appointed owners manager (minimum 1 hour)
corporation representative
Arranging appropriately qualified lawyers to represent the owners corporation at the Hourly rate for the strata Per 15 minutes
OFT, NCAT or court proceedings and / or to provide advice to the owners corporation manager (minimum 1 hour)
relating to the proceedings
General Administration*
Certificate under section 184 of the Act – routine $109.00 and an additional $54.00 Per certificate
for a further certificate for a lot
comprising a garage, parking
space or storeroom that services
the lot the subject of the first
certificate
Certificate under section 184 of the Act – urgent $208.00 and an additional Per certificate
$108.00 for a further certificate
for a lot comprising a garage,
parking space or storeroom that
services the lot the subject of the
first certificate
Change of address for service of notice on the common property certificate of title $500.00 Per change
(includes government registration fees)
Inspection of records under section 182 of the Act $31 and an additional $16 Per inspection
for each half-hour or part
of half-hour after the first
hour of inspection
Arranging the handover of the owners corporations books, records and accounts to Hourly rate for administration Per hour (minimum
another strata managing agent appointed for the owners corporation staff charge 3 hours)
Title or other searches $55.00 Per item
Insurances*
Prepare & lodge non routine insurance claims Hourly rate for the strata Per 15 minutes
manager, administration staff
Levy recovery / debt management*
Issue a reminder levy notice $5.50 Per reminder
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Issue first debt collection letter $22.00 Per letter
Issue second debt collection letter $44.00 Per letter
Instruct mercantile agent or lawyer to commence legal recovery proceedings Hourly rate for the Per 15 minutes
strata manager
Meetings*
Preparation of agendas & minutes of general, executive committee & adjourned Hourly rate for the strata Per hour
meetings including strata committee meetings by written vote manager, accountant, (minimum charge 1 hour)
administration staff
Attending to general, strata committee & adjourned meetings including executive Hourly rate for the strata Per hour
committee meetings by written vote manager, accountant, (minimum charge 1 hour)
Photocopying, postage & stationery for additional general, strata committee & Quote to be provided to the Per meeting
adjourned meetings to those nominated in schedule D treasurer for approval
Maintenance of administration & sinking funds, accounting & taxation*
ABN / GST registration / cancellation Hourly rate for the accountant Per registration /
cancellation
BAS Statements Quarterly by authorised party Hourly rate for the accountant Per BAS
Generate information for submission of PAYG statement $55.00 Per report
Payroll attendance fee $55.00 Per pay per employee
Processing stop payments, dishonour cheques for payments $55.00 Per transaction
Processing transfer / closure of investment accounts $55.00 Per transaction
Regulatory compliance*
Annual cooling tower certification Hourly rate for the Per 15 minutes
strata manager
Annual fire safety statement / fire orders Hourly rate for the Per 15 minutes
strata manager
Annual lift certification Hourly rate for the Per 15 minutes

strata manager
Repairs & maintenance*
Arranging building inspections and reports Hourly rate for the Per 15 minutes
strata manager
Effecting repairs to and maintaining common property – non standard work Hourly rate for the Per 15 minutes
strata manager
Management of building defect rectification process including arranging access to lots Hourly rate for the Per 15 minutes
& common property and engagement of consultants on behalf of the owners strata manager
corporation
Assisting the owners corporation and third party consultants & lawyers with ancillary Hourly rate for the Per 15 minutes
services including dealing with owners issues & complaints strata manager
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Other*
Any other services that can be provided by the agent to the owners corporation but Hourly rate for the strata Per 15 minutes
not included in the schedules of the agreement manager, accountant,
Extra services resulting from an on-site manager or caretaker ceasing to perform Hourly rate for the strata Per 15 minutes
services manager, accountant,
* These fees have been negotiated between the parties to the agreement
Schedule C - Disclosure schedule
Schedule C1 - The following providers pay a rebate, discount or commission to the agent:
Name of company / person Amount / percentage of Other information relating to the
rebate, discount or disclosure
commission
CHU Underwriting Agencies Pty Ltd Up to 20% of the Base Premium Also disclosed on the Schemes AGM Notice
Austbrokers Sydney Pty Ltd Up to 17.5% of the Base Premium Also disclosed on the Schemes AGM Notice
Trading as Austbrokers ABS
Corporate Underwriting Agency Pty Ltd Up to 75% of the Also disclosed on the Schemes AGM Notice
Trading as Body Corporate Brokers (BCB) Brokers Commission
BAC Insurance Brokers Pty Ltd Up to 15% of the Base Premium or Also disclosed on the Schemes AGM Notice
Up to 40% of Brokerage Fee when
Insurances are Placed Net
Please Note: - the Agent is an authorised representative of CHU Underwriting Agencies Pty Ltd, Corporate Underwriting
Agency Pty Ltd Trading as Body Corporate Brokers (BCB), Austbrokers Sydney Pty Ltd Trading as Austbrokers ABS and BAC
Insurance Brokers Pty Ltd.
The Agent is qualified to give general advice and information about insurance, not personal advice. If the owners corporation
requires specialist insurance advice, the Agent can refer the owners corporation to an insurance advisor.
If the Agent recommends that your building insurance is placed with the Insurers, the owners corporation acknowledges and
agrees that the recommendation is general advice (not personal advice).
The owners corporation should read the Product Disclosure Statement before making any decision to purchase that
insurance.
Page 64 of 74
Schedule D – Charges and associated fees*
Item Charge Unit
(inclusive of GST)
Change Strata Management capped disbursements / administration charge per lot $121.00 Per annum
includes:
- Affix the common seal in accordance with relevant minutes of a meeting
- After hours maintenance services
- Archive storage & administration
- BAS statements quarterly by an authorized party
- Effecting repairs to and maintaining common property – standard work
- Electronic data storage
- Email service
- Facsimile outgoing & incoming
- Holding documents and maintaining records relating to the strata scheme
- Issuing quarterly levy notices and air-conditioning invoices
- Keeping of common property services keys
- Overseeing & submitting mandatory annual trust account audit to the Office of
Fair Trading
-
- Organise insurance for the owners corporation
- Paying invoices on behalf of the owners corporation
- Photocopying, collating & stapling (includes 4 Executive Committee Meetings

& the Annual General Meeting)
- Postage, handling & stationery (includes 4 Executive Committee Meetings &

the Annual General Meeting)
- Prepare & lodge routine insurance claims
- Providing electronic copies of by-laws, strata plan, insurance certificates,

notices / minutes of meetings, agreements & accounts to owners
- Providing six monthly financial statements as required by the Property, Stock &
Business Agents Act and monthly reconcilation statement
- Tax return annually by registered tax agent
- Telephone charges
Archive retrieval $16.50 Per box
Courier At Cost Per item
Providing minute book / purchase of common seal $55.00 Per item
StrataMax Software (as long as banking is with StrataPay and StrataCash) $0.00 Per Lot
* These fees and charges have been negotiated between the parties to the agreement
Page 65 of 74
NOTICE OF A STRATA COMMITTEE MEETING

DATE, PLACE &

87368 will be held on Wednesday, 18 November, 2020 by
teleconference / videoconference. The meeting will commence
following the Annual General Meeting.
MEETING AGENDA:
1. Preliminaries (record attendances, acting members, apologies, determine quorum,

etc.)
Change Strata Management or chairperson will record attendances, receive notice

of any acting committee members, record any apologies and declare a quorum.
2. Opening
meeting time.
motions relate to the management and administration of the strata scheme. Some of
the motions are required to be considered by law.
meeting.
5. Closure
concluded.
Page 66 of 74

1. MINUTES:
1.1 That the minutes of the last meeting of the Strata Committee held on
Wednesday, 9 September, 2020 be confirmed as a true and accurate
account of the proceedings of that meeting.

minutes of the last Strata Committee meeting. If the minutes of the last
meeting are inaccurate, members of the Strata Committee can move that
the minutes be amended.
2.1 That a Chairperson, Secretary and Treasurer of the Strata Committee be

appointed.
Explanatory Note: - this motion, if carried, appoints a Chairperson, Secretary

and Treasurer of the Strata Committee and Owners Corporation.
3.1 That a member of the Strata Committee be appointed and authorised to

communicate with and issue instructions to Change Strata Management on
behalf of the Strata Committee.
Explanatory Note: - this motion, if passed, appoints a member of the Strata

Committee as the representative to liaise with and issue instructions to
Change Strata Management on behalf of the Strata Committee.
4.1 That a member of the Strata Committee be appointed and authorised to

communicate with and issue instructions to the building manager on behalf
Page 67 of 74

Explanatory Note: - this motion, if passed, appoints a member of the Strata

Committee as the representative to liaise with and issue instructions to the
Building Manager of the Owners Corporation on behalf of the Strata
Committee.
5.1 That the Strata Committee reviews, discusses and resolves an action on the
outstanding matters from the previous meeting(s) nominated below:
5.1.1 Defects
5.1.6 Driveway Entrance Works
5.1.8 Damage caused by Neighbouring Building Works/Paving/
Cracks to Garden Walls & Subsequent Re-painting
5.1.9 Water Penetration Damage (Early February Rains)
5.1.11 Window Cleaning & Anchor Point Certification
5.1.13 Lifts
5.1.14 Wormald Fire Services/Annual Fire Safety Statement
Explanatory Note: - this motion, if passed, will review and monitor

outstanding matters from previous meetings until completion.
6.1 That the Building Manager table a report to be discussed and it be adopted.
Explanatory Note: - this motion, if carried, adopts the report of the Building
Manager.
Page 68 of 74

7.1 That the Strata Committee permit any of the following means of voting on a
matter to be determined by the committee at any subsequent meeting:

Explanatory Note: - this motion, if approved, will permit votes to be cast

before and during any subsequent meeting of the Strata Committee by various
electronic means.
The Strata Committee may, by resolution, adopt any of the following means
of voting on a matter to be determined by the Strata Committee:

location,
owners corporation.
Any votes cast by any of the means of voting described above must comply with
any applicable information provided by the secretary or Change Strata
Page 69 of 74

8.1 That the Strata Committee adopt the following schedule of meetings for
the 2021 year:

Explanatory Note – It is recommended that the Strata Committee agree on a

schedule of meetings for the coming year in order to ensure that resolutions
are made and issues addressed and recorded in an appropriate manner.
9. OTHER MATTERS:
9.1 That the following other matters be reviewed, discussed and an action
resolved by the Strata Committee:
9.1.1 Correspondence to Apartment 28 regarding items stored in

Car Space
9.1.2 Apartment 74 -Application for Flyscreens
9.1.3 Next Meeting
Explanatory Note: - this motion, if passed, will allow the Strata Committee
to consider the above other matters.
Date of this Notice: Wednesday, 28 October, 2020
Page 70 of 74

Your Strata Manager
Level 4, 350 George Street, Sydney. Please do not hesitate to contact Mr Peter
Domazetovski on either 02 8203 3111 or peter@changestrata.com.au if you have any
questions or queries regarding this notice.
Definitions

VOTING AT STRATA COMMITTEE MEETINGS
1. A motion put to a meeting of the strata committee is to be decided according to a

majority of the number of the votes cast for and against the motion by the members
present (other than any tenant member) or in the manner set out in paragraph 2
below. If there is only one member of the strata committee, the decision of the strata
committee is the decision of that member.
2. A motion proposed to be put to a meeting of the strata committee is taken to have

been validly passed even if the meeting was not held if:
(a) proper notice was given of the meeting, and
(b) a copy of the motion was given to each member of the strata committee, and
(c) the motion was approved in writing by a majority of the members of the
committee (other than the tenant member).
3. A decision of a strata committee has no force or effect if, before the decision is made,
notice is given to the secretary of the owners corporation by one or more owners, the
sum of whose unit entitlements exceeds one-third of the aggregate unit entitlement,
that the making of the decision is opposed by those owners.
Page 71 of 74

4. A member of the strata committee is not entitled to vote on any motion put or
proposed to be put to the strata committee if the member was, or was nominated as
a member by a member who was, an unfinancial owner of a lot in the strata scheme
at the date notice of the meeting was given and the amounts owed by the unfinancial
owner were not paid before the meeting.
5. A tenant member of the strata committee is not entitled to vote on any motion put or
proposed to be put to a strata committee.
IMPORTANT INFORMATION ABOUT ELECTRONIC VOTING

BEFORE AND DURING STRATA COMMITTEE MEETINGS
1. The strata committee may, by resolution, adopt any of the following means of voting
on a matter to be determined by the committee:

electronic means while participating in a meeting from a remote location,
(b) voting by means of email or other electronic means before the meeting at
which the matter (not being an election) is to be determined by the
corporation or committee (pre-meeting electronic voting).
2. The other electronic means of voting may include requiring voters to access a voting
website and to vote in accordance with directions contained on that website.
3. If a matter may be determined partly by pre-meeting electronic voting, the notice of

the meeting must include a statement that the relevant motion may be amended by a
further motion given at the meeting after the pre-meeting electronic voting takes place
and that consequently the pre-meeting vote may have no effect.

amended at the meeting for which the pre-meeting electronic voting is conducted.

amended at the meeting for which the pre-meeting electronic voting is conducted if
the effect of the amendment is to change the subject matter of the original motion.
Page 72 of 74

6. If a motion that is to be determined wholly or partly by pre-meeting electronic voting

is amended at the meeting for which the pre-meeting electronic voting is conducted,
the minutes of the meeting distributed to owners must be accompanied by notice of
the change.

QUORUM FOR STRATA COMMITTEE MEETINGS
1. A motion submitted at a meeting of a strata committee must not be considered unless

there is a quorum present to consider and vote on the motion.
2. A quorum is present at a meeting only in the following circumstances:
(a) in the case of a strata committee which has only one member, if the member
is present,
(b) in any other case, if not less than one-half of the persons entitled to vote on
the motion are present.

4. The quorum for meetings of a strata committee is to be calculated on the basis of the
number of members last determined by the owners corporation for the committee.
IMPORTANT INFORMATION ABOUT APPOINTING OFFICERS OF THE

STRATA COMMITTEE (TREASURER, SECRETARY AND CHAIRPERSON)
1. The members of a strata committee must, at the first meeting of the strata committee
after they assume office as members, appoint a chairperson, secretary and treasurer of
the strata committee and owners corporation.
2. A person may be appointed to one or more of the offices of chairperson, secretary and
treasurer.
3. Nomination for election as an officer of the owners corporation may be made before or
at the meeting at which the election is held.
Page 73 of 74

IMPORTANT INFORMATION ABOUT FILLING A VACANCY

IN THE OFFICE OF A MEMBER OF THE STRATA COMMITTEE
The strata committee may appoint a person eligible for election as a member to fill a vacancy
in the office of a member of the strata committee, other than a vacancy arising as a result of
the election of a new strata committee at a general meeting or a vacancy in the office of an
officer of the owners corporation. Any person so appointed holds office, subject to the strata
legislation, for the balance of his or her predecessor’s term of office.
IMPORTANT INFORMATION ABOUT TENANT

REPRESENTATIVE THE ANNUAL GENERAL MEETING
1. The tenant representative on a strata committee, in that capacity:
(a) is not entitled to vote on decisions of the committee or to put a motion or

nominate a person for office, and
(b) is not entitled to act as an officer of the owners corporation for committee
purposes, and
(c) cannot be counted in determining whether there is a quorum of the

committee.
2. The strata committee, at any meeting or for the purpose of all meetings, may determine
that a tenant representative is not entitled to be present when the following matters are
being discussed or determined:
(d) a strata renewal proposal under Part 10 of the Strata Schemes Development Act
2015 or any related matter.
Page 74 of 74
Tiana Basile
From: Searches <searches@bright-duggan.com.au>

Sent: Friday, 19 April 2024 1:42 PM
To: Tiana Basile
Subject: FW: URGENT: BC Search - NSW, SP 87368, lot 57 and 73, Clarified Property Inspections
( Tiana Basile ) Via remote, Paid
Attachments: 20231102 - Ceerose Executed Settlement Deed.pdf; Meeting_DNA_03 Apr 2024
DRAFT.pdf; Fire Safety Order - 14.09.22.pdf
Good afternoon, Tiana,
Please see the below from the SM.
Please find attached:
AGM Minutes – these are in DRAFT form as we are finalising a few matters and will be sent one done
Deed of Agreement entered into with Ceerose for the remediation of defects and Cladding
Fire Order
Please be advised the building is in an extension with council for the submission of the annual fire safety
statement.
Please advise if the attached is sufficient, you will find enclosed with the Deed the Scott Schedule for works
included in the defect remediation.
Kind Regards
Anita Iafeta
Administration Officer
Phone: 07 5532 1900
Email: anita.iafeta@bright-duggan.com.au
Website: www.bright-duggan.com.au
For All After Hour Repairs & Emergencies, Call 1300 092 863
Bright & Duggan Property Group acknowledges the Traditional Owners and Custodians of the land on which we meet, work, and live as employees, and we recognise their continuous
connection to the land, water, and community. We pay our respects to Elders from the past, present, and emerging. We extend that respect to all Aboriginal and Torres Strait Islanders. Click
here to see our Reconciliation Action Plan | Click here to read our email policy
From: Tiana Basile

Sent: Wednesday, April 17, 2024 2:32 PM
To: bdsearch3 <bdsearch3@bright-duggan.com.au>
Subject: RE: BC Search - NSW, SP 87368, lot 57 and 73, Clarified Property Inspections ( Tiana Basile ) Via remote, Paid
Team,
Please send the following
1
AFSS
2023 AGM minutes
2023 EGM agenda
2021-2019 AGM minutes
Defects reports
Cladding reports
Fire orders if applicable
https://www.clariﬁedpropertyinspectionsandreports.com.au/
DISCLAIMER: This email message, including any attached files, is confidential and intended solely for the use of the individual or entity to whom it is
addressed. Unauthorised use of information contained in this e-mail or its attachments may result in legal action against any person who uses it. Except
as required by law, Clarified Property Inspections and Reports does not represent, warrant and/or guarantee that the integrity of the communication has
been maintained nor that the communication is free of errors, virus, interception, inference or interference.
From: Tiana Basile

And insurance val also pls
2
From: Tiana Basile

Hi team,
Please send the afss
-----Original Appointment-----
From: bdsearch3 <bdsearch3@bright-duggan.com.au>
Sent: Tuesday, April 16, 2024 2:13 PM
To: Tiana Basile
Subject: BC Search - NSW, SP 87368, lot 57 and 73, Clarified Property Inspections ( Tiana Basile ) Via remote, Paid
When: Wednesday, 17 April 2024 2:30 PM-3:30 PM (UTC+10:00) Brisbane.
Where: via online search
Good Afternoon,
We have received and confirm the strata search booking for:
Booking details
Docmax Database: NSW
Date: 17/04/2024
Time: 2:30pm
SP Number: 87368
Lot/s: 57 and 73
Vendor/s:
Location: Online
3
Attachments: applicable report set for search and remote strata search guide
Please note this booking is for 1 hour. All searches are scheduled for an allocated time. If you are unable to attend or
require more time your session will need to be rescheduled to the next available timeslot.
Please ensure to read the attached user guide to assist with logging into this remote session.
If you have any queries, please do not hesitate to contact us.
Kind Regards
4
Sinking Fund Forecast Report

5 Pyrmont Bridge Road, Camperdown NSW
2050
Scheme Number: 87638
COMPILED BY SIMON VINCENT

On 30 January 2015 for the
15 Years Commencing: 03 August 2015
QIA Job Reference Number: 98657
Professional Indemnity Insurance Policy Number 96 0968886 PLP

© QIA Group Pty Ltd
PO Box 970,
Ingleburn NSW 1890
P 1300 309 201

F 1300 369 190
E info@qiagroup.com.au
W www.qiagroup.com.au
QIA Group Pty Ltd

ABN 27 116 106 453
setting the standard... Queensland New South Wales Victoria South Australia Western Australia Northern Territory Tasmania A.C.T.
5 Pyrmont Bridge Road 30 January 2015
REPORT TABLE OF CONTENTS
INTRODUCTION ................................................................................................................................... ‐ 3 ‐
LOCATION............................................................................................................................................ ‐ 3 ‐
REPORT SUMMARY ............................................................................................................................. ‐ 3 ‐
METHODOLOGY .................................................................................................................................. ‐ 4 ‐
FINANCIAL SUMMARY......................................................................................................................... ‐ 5 ‐
SINKING FUND FORECAST MOVEMENT .............................................................................................. ‐ 6 ‐
SUMMARY OF ANNUAL FORECAST EXPENDITURE ............................................................................. ‐ 7 ‐
ITEMISED EXPENDITURE BY YEAR ..................................................................................................... ‐ 18 ‐
REPORT INFORMATION..................................................................................................................... ‐ 22 ‐
AREAS NOT INSPECTED ..................................................................................................................... ‐ 22 ‐
QIA Group Pty Ltd ‐2‐

INTRODUCTION
We have estimated that the Sinking Fund Levies as proposed in this report will be adequate to
accumulate sufficient funds to meet anticipated long term costs, with essentially only an adjustment
for inflation being required.
LOCATION
5 Pyrmont Bridge Road, Camperdown NSW 2050
REPORT SUMMARY
We have estimated that the Sinking Fund Levies as proposed in this report will be adequate to
accumulate sufficient funds to meet anticipated long term costs, with essentially only an adjustment
for inflation being required.
We recommend that the Sinking Fund Report be regularly updated to ensure that an accurate
assessment of how the scheme land, building and facilities are aging and to incorporate into the
Report any major changes brought about by legislation, or pricing.
The Sinking Fund Levy per entitlement already set is: $8.80
Number of Lot/Unit Entitlements: 10000
Opening Balance: $63,000.00
The proposed Sinking Fund Levy per entitlement is: $10.49

METHODOLOGY
The nominal forecast period of this report is 15 years and the costs anticipated during each of the
years are detailed line by line on a yearly basis. The nominal time frame of the Report is to a large
extent driven by the fact that many elements in a building's structure have a life beyond 10 years.
Therefore an amount has been taken up for each item that would require replacement or substantial
repair outside of the 15 year forecast period to account for these anticipated expenses. However,
the manner in which the scheme land, buildings and facilities actually age cannot be accurately
determined without regular inspections which take into account the size, location and use of the
scheme.
The levy income has been determined by forecasting the expenditure requirement to replace or
renew assets or finishes that have an effective life and making an allowance for items that do not
have a finite lifespan. The levy income is initially increased each year by a variable inflationary factor
to smooth the effects of major cost fluctuations given the initial fund balance and income.
Interest receivable on the Sinking Fund Account has been accounted for in the calculation of funds
available at a rate of 0%.The Interest receivable amount has been determined by using a net rate of
0% on the fund balance at the end of the preceding financial year and makes an allowance for
possible bank charges and tax obligations which may arise. Where the rate is set to 0% it is not
anticipated that sufficient interest will be accrued.
Future replacement costs have been calculated by assessing the current replacement cost for each
item to a standard the same or better than the original. These anticipated costs are increased each
year at a rate of 5.2% per annum, this rate is reflective of building price indices which are historically
higher than the general inflation rate. A contingency of 10% per annum has been applied to
anticipated costs and it is applied to each individual cost in the year the cost (e.g. painting) is
expected to occur (e.g. 2008), the contingency rate is not an annual compounding cost.
The effective life for each item identified is based on its material effective life, therefore no
consideration has been made for the economic life of plant, equipment, finishes or upgrades.
No allowance has been made for buildings Registered for Goods and Services Tax (GST) and GST will
need to be applied to the levies proposed in this report.
This report assumes that all plant and equipment will be maintained under comprehensive
maintenance agreements. Expenditure incurred for maintenance agreements is taken to be covered
within the Administrative Fund Budget.

FINANCIAL SUMMARY
Year Opening Balance Income Expenses Closing Balance
Report Fiscal From Beginning of Year Contribution Total P.A. Contribution per Estimated Expenditure Closing Balance (End of Year)
Year Entitlement (Inc GST)
1 3 Aug 2015 $63,000 $104,857 $10.49 $21,698 $146,159

2 3 Aug 2016 $146,159 $121,714 $12.17 $22,826 $245,047
3 3 Aug 2017 $245,047 $138,571 $13.86 $24,013 $359,605
4 3 Aug 2018 $359,605 $155,428 $15.54 $25,261 $489,772
5 3 Aug 2019 $489,772 $172,285 $17.23 $34,462 $627,595
6 3 Aug 2020 $627,595 $189,142 $18.91 $77,161 $739,576
7 3 Aug 2021 $739,576 $205,999 $20.60 $81,801 $863,774
8 3 Aug 2022 $863,774 $216,711 $21.67 $226,612 $853,873
9 3 Aug 2023 $853,873 $227,980 $22.80 $56,461 $1,025,392
10 3 Aug 2024 $1,025,392 $239,835 $23.98 $887,583 $377,644
11 3 Aug 2025 $377,644 $252,306 $25.23 $167,314 $462,636
12 3 Aug 2026 $462,636 $265,426 $26.54 $349,362 $378,700
13 3 Aug 2027 $378,700 $279,228 $27.92 $174,421 $483,508
14 3 Aug 2028 $483,508 $293,748 $29.37 $235,482 $541,774
15 3 Aug 2029 $541,774 $309,023 $30.90 $562,268 $288,529

SINKING FUND FORECAST MOVEMENT
$1,200,000
$1,000,000
$800,000
$600,000
$400,000
$200,000
$0
Expenditure Contribution Balance

SUMMARY OF ANNUAL FORECAST EXPENDITURE
August 2015 Expense

Inc GST
PLANT & EQUIPMENT
‐ Allowance for mechanical upgrade of lifts in 20 years $21,698

(partial accrual)
Total Forecast Expenditure for year ‐ August 2015 (Inc GST): $21,698
Includes GST amount of $1,972
August 2016 Expense

Inc GST
PLANT & EQUIPMENT

(partial accrual)
August 2017 Expense

Inc GST
PLANT & EQUIPMENT

(partial accrual)

August 2018 Expense

Inc GST
PLANT & EQUIPMENT

(partial accrual)
August 2019 Expense

Inc GST
FURNITURE & FITTINGS
‐ Install/Replace emergency lighting $7,887
PLANT & EQUIPMENT

(partial accrual)
August 2020 Expense

Inc GST
FIRE PROTECTION SYSTEMS
‐ Provision to replace portable fire extinguishers $2,982
LANDSCAPING
‐ Landscaping allowance $7,455
PLANT & EQUIPMENT

(partial accrual)
SUPERSTRUCTURE
‐ Re‐stain timber benches/decking $38,767

August 2021 Expense

Inc GST
BASEMENT
‐ Repaint line marking $2,243
DRIVEWAYS & PARKING
‐ Repaint line marking $784
‐ Ongoing partial replacement of lighting $2,729
‐ Provision to upgrade swipe/tag readers $9,490
‐ Provision to replace door closers ‐ ongoing $2,635
PLANT & EQUIPMENT

(partial accrual)
‐ Replace sewer pumps $4,706
‐ Provision for replacement of bin tug $26,666
August 2022 Expense

Inc GST
ENTRY FOYER
‐ Repaint walls $10,561
‐ Repaint ceiling $3,300

‐ Repaint door face $149
‐ Provision to replace intercom handsets ‐ ongoing $7,277
‐ Provision to upgrade security cameras & associated $10,726

equipment
LOBBIES
‐ Repaint walls $105,938
‐ Repaint ceiling $26,072
‐ Repaint door face $15,511
PLANT & EQUIPMENT

(partial accrual)
SUPERSTRUCTURE
‐ Replace balustrade/handrail fixings 10% $3,465
‐ Repaint rubbish room $9,901
August 2023 Expense

Inc GST
DRIVEWAYS & PARKING
‐ Replace garage door motor $2,291
EXTERNAL WORKS
‐ Ongoing partial maintenance of pathways 5% $8,029
QIA Group Pty Ltd ‐ 10 ‐

PLANT & EQUIPMENT

(partial accrual)
August 2024 Expense

Inc GST
‐ Provision to replace door hardware ‐ ongoing $6,136
LANDSCAPING
‐ Replace planter boxes membrane $36,159
PLANT & EQUIPMENT

(partial accrual)
SUPERSTRUCTURE
‐ Repaint building $562,180
‐ Repaint balcony/veranda ceilings $75,605
‐ Scaffold/access equip allowance $150,662
‐ Repaint door face $1,315

August 2025 Expense

Inc GST
ENTRY FOYER
‐ Maintain tiles 20% $3,362
LOBBIES
‐ Replace carpet/floor coverings over 2 years 50% $78,384
PLANT & EQUIPMENT

(partial accrual)
‐ Replace Stair Pressurisation Fans over 5 years (partial $15,369

accrual)
RECREATION AREA
‐ Provision to replace BBQ's in 15 years (partial $8,645

accrual)
SUPERSTRUCTURE
August 2026 Expense

Inc GST
BASEMENT
‐ Replace exhaust/supply fans $4,851
‐ Replace stormwater pumps $8,084

DRIVEWAYS & PARKING
‐ Replace traffic mirrors $5,255
EXTERNAL WORKS
‐ Maintain common pipework 3% $7,276
‐ Provision to replace mail boxes in 20 years (partial $10,186

accrual)
LANDSCAPING
‐ Landscaping allowance $10,105
LOBBIES
‐ Replace carpet/floor coverings over 2 years 50% $82,460
PLANT & EQUIPMENT

(partial accrual)
‐ Replace instant hot water heater units over 4 years $9,095
RECREATION AREA
‐ Replace furniture in 20 years (partial accrual) $2,425
SUPERSTRUCTURE
‐ Re‐stain timber benches/decking $52,548
‐ Provision to replace timber benches/decking in 20 $96,041

years (partial accrual)

August 2027 Expense

Inc GST
BASEMENT
‐ Maintain ventilation ducting 33% $7,590
EXTERNAL WORKS
‐ Ongoing partial maintenance of pathways 5% $9,834
‐ Maintain bathroom waterproofing 20% $41,673
‐ Provision to upgrade intercom system panels over 3 $15,521

years
PLANT & EQUIPMENT

(partial accrual)

accrual)
RECREATION AREA

accrual)

August 2028 Expense

Inc GST
BASEMENT
DRIVEWAYS & PARKING
‐ Maintain driveway 5% $3,691
ENTRY FOYER
‐ Maintain tiles 20% $3,914
‐ Overhaul hydrant/sprinkler booster pumps and $17,894

controllers over 2 years 50%
‐ Provision to replace fire hose reels $8,052
‐ Provision to upgrade swipe/tag readers $13,532

years
PLANT & EQUIPMENT

(partial accrual)
‐ Replace sewer pumps $6,710
‐ Replace hot water system tanks $12,078
‐ Provision for replacement of bin tug $38,024

ROOF
‐ Provision for partial balcony membrane replacement $33,104

5%
SUPERSTRUCTURE
August 2029 Expense

Inc GST
DRIVEWAYS & PARKING
‐ Provision to replace garage door in 25 years (partial $3,294

accrual)
‐ Maintain/repair main garage door running gear $2,306
‐ Overhaul hydrant/sprinkler booster pumps and $18,824

controllers over 2 years 50%
‐ Provision to upgrade Fire Panel & associated $105,887

detection equipment
‐ Provision to replace fire hose reels $8,471
‐ Provision to replace fire pumps/valves $9,412

years

PLANT & EQUIPMENT
‐ Replace jacking pumps $11,295
‐ Maintain lift interiors over 3 years $33,331

(partial accrual)

accrual)
‐ Replace town water pumps and associated $21,177

equipment
‐ Replace hot water system tanks $12,706
RECREATION AREA

accrual)
ROOF
‐ Replace membrane $187,066
SUPERSTRUCTURE
‐ Replace window fixtures and fittings 5% $5,188
‐ Replace external door/frame $2,588

ITEMISED EXPENDITURE BY YEAR
st
Item Current Year 1 Remain 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029
Cost applied Life/
Next
Interval
BASEMENT
‐ Replace exhaust/supply fans $2,400 2026 12 4851
‐ Repaint line marking $1,430 2021 7 2243 3199
‐ Maintain ventilation ducting 33% $3,570 2027 4 7590
‐ Replace stormwater pumps $4,000 2026 12 8084
DRIVEWAYS & PARKING

‐ Provision to replace garage door in 25 years $1,400 2029 5 3294
(partial accrual)
‐ Maintain/repair main garage door running $980 2029 15 2306
gear
‐ Repaint line marking $500 2021 7 784 1118
‐ Replace garage door motor $1,320 2023 9 2291
‐ Maintain driveway 5% $1,650 2028 4 3691
‐ Replace traffic mirrors $2,600 2026 12 5255
ENTRY FOYER
‐ Repaint walls $6,400 2022 8 10561
‐ Repaint ceiling $2,000 2022 8 3300
‐ Maintain tiles 20% $1,750 2025 3 3362 3914
‐ Repaint door face $90 2022 8 149
EXTERNAL WORKS
‐ Maintain common pipework 3% $3,600 2026 4 7276
‐ Ongoing partial maintenance of pathways $4,625 2023 4 8029 9834
5%

st
Cost applied Life/
Next
Interval

‐ Overhaul hydrant/sprinkler booster pumps $8,000 2028 14 17894 18824
and controllers over 2 years 50%
‐ Provision to upgrade Fire Panel & $45,000 2029 15 105887
associated detection equipment
‐ Provision to replace fire hose reels $3,600 2028 14 8052 8471
‐ Provision to replace portable fire $2,000 2020 6 2982 3137 4042
extinguishers
‐ Provision to replace fire pumps/valves $4,000 2029 15 9412

‐ Provision to replace mail boxes in 20 years $5,040 2026 4 10186
(partial accrual)
‐ Install/Replace emergency lighting $5,565 2019 5 7887 10163 13095
‐ Ongoing partial replacement of lighting $1,740 2021 2 2729 3021 3343 3700 4094
‐ Maintain bathroom waterproofing 20% $19,600 2027 3 41673
‐ Provision to replace intercom handsets ‐ $4,410 2022 8 7277 7655 8054 8472 8913 9376 9864 10377
ongoing
‐ Provision to upgrade swipe/tag readers $6,050 2021 7 9490 13532
‐ Provision to upgrade security cameras & $6,500 2022 8 10726
associated equipment
‐ Provision to upgrade intercom system $7,300 2027 13 15521 16328 17177
panels over 3 years
‐ Provision to replace door closers ‐ ongoing $1,680 2021 7 2635 2772 2916 3068 3228 3395 3572 3758 3953
‐ Provision to replace door hardware ‐ $3,360 2024 10 6136 6455 6791 7144 7515 7906
ongoing
LANDSCAPING
‐ Replace planter boxes membrane $19,800 2024 10 36159
‐ Landscaping allowance $5,000 2020 6 7455 10105

st
Cost applied Life/
Next
Interval
LOBBIES
‐ Repaint walls $64,200 2022 8 105938
‐ Repaint ceiling $15,800 2022 8 26072
‐ Replace carpet/floor coverings over 2 years $40,800 2025 11 78384 82460
50%
‐ Repaint door face $9,400 2022 8 15511
PLANT & EQUIPMENT

‐ Maintain lift interiors over 3 years $14,165 2029 15 33331
‐ Allowance for mechanical upgrade of lifts in $18,750 2015 1 21698 22826 24013 25261 26575 27957 29411 30940 32549 34241 36022 37895 39866 41939 44119
20 years (partial accrual)
‐ Replace jacking pumps $4,800 2029 15 11295
‐ Replace Stair Pressurisation Fans over 5 $8,000 2025 2 15369 17009 18824
years (partial accrual)
‐ Replace town water pumps and associated $9,000 2029 15 21177
equipment
‐ Replace sewer pumps $3,000 2021 7 4706 6710
‐ Replace instant hot water heater units over $4,500 2026 12 9095 9568 10065 10589
4 years
‐ Replace hot water system tanks $5,400 2028 14 12078 12706
‐ Provision for replacement of bin tug $17,000 2021 7 26666 38024
RECREATION AREA
‐ Replace furniture in 20 years (partial $1,200 2026 4 2425
accrual)
‐ Provision to replace BBQ's in 15 years $4,500 2025 2 8645 9568 10589
(partial accrual)
ROOF
‐ Replace membrane $79,500 2029 15 187066
‐ Provision for partial balcony membrane $14,800 2028 4 33104
replacement 5%

st
Cost applied Life/
Next
Interval
SUPERSTRUCTURE
‐ Repaint building $307,840 2024 10 562180
‐ Repaint balcony/veranda ceilings $41,400 2024 10 75605
‐ Replace window fixtures and fittings 5% $2,205 2029 3 5188
‐ Scaffold/access equip allowance $82,500 2024 10 150662
‐ Repaint door face $720 2024 10 1315
‐ Replace external door/frame $1,100 2029 15 2588
‐ Replace balustrade/handrail fixings 10% $2,100 2022 3 3465 4034 4697
‐ Re‐stain timber benches/decking $26,000 2020 6 38767 52548
‐ Provision to replace timber $47,520 2026 4 96041
benches/decking in 20 years (partial accrual)
‐ Repaint rubbish room $6,000 2022 8 9901
Total $1,019,160 21698 22826 24013 25261 34462 77161 81801 226612 56461 887583 167314 349362 174421 235482 562268
Includes GST amount of $92,651 1973 2075 2183 2296 3133 7015 7436 20601 5133 80689 15210 31760 15856 21407 51115

REPORT INFORMATION
The values included in the report are for budgeting purposes and have been obtained from a
number of sources including building cost information guides, painting contractors, plant and
equipment suppliers, manufactures and installers and working knowledge of each buildings
configuration at the time of inspection.
Every endeavour has been undertaken to accurately estimate the costs of the items identified in this
report, however if there items were put to tender, it would be expected that the quotations would
vary quite significantly and it is recommended that several quotations are sourced as far in advance
of any anticipated work as possible.
The estimated life of each item is made at the time of the site inspection and the life cycles of each
of the items having regard to where the building is located, as buildings in a salt environment tend to
have a lesser life cycle and a higher maintenance requirement.
This sinking fund is not a building condition survey. We recommend that a periodic survey be carried
out by qualified building contractors to assess the building condition, if required. The inspection of
the common property of the scheme is a visual inspection only limited to those areas of the common
property that are fully accessible and visible to the inspector from floor or ground level at the time
of inspection. The inspection did not include breaking apart, dismantling, removing or moving any
element of the building and items located on the common property.
The report does not and cannot make comment upon: defects that may have been concealed; the
assessment of which may rely on certain weather conditions; the presence or absence of timber
pests; gas fittings; heritage concerns; fire protection; site drainage; security concerns; detection and
identification of illegal building work; durability of exposed finishes; the roof space and sub‐floor
space.
The inspector did not identify and assess safety hazards and did not carry out a risk assessment
relating to any hazards upon the common property as part of this report. This report is not an
Asbestos report and no assessment was made of asbestos products.
AREAS NOT INSPECTED
 Part or parts of the common property building interior that were not readily accessible
 Part or parts of the building exterior were not readily accessible
 Part or parts of the roof exterior that were not readily visible from ground or floor level or
obstructed at the time of inspection because of exceeding height, vegetation or neighbouring
buildings.
 Part or parts of the retaining walls, fencing were not readily accessible or inaccessible or
obstructed at the time of inspection because of on alignment, vegetation.

Title Search
NEW SOUTH WALES LAND REGISTRY SERVICES - TITLE SEARCH

-----------------------------------------------------
FOLIO: 57/SP87368
------
SEARCH DATE TIME EDITION NO DATE

----------- ---- ---------- ----
25/3/2024 3:20 PM 4 8/7/2021
LAND
----
LOT 57 IN STRATA PLAN 87368
AT CAMPERDOWN
LOCAL GOVERNMENT AREA SYDNEY
FIRST SCHEDULE
--------------
DANIEL PETER KUZIOW
SARAH ELLEN WELLS
AS JOINT TENANTS (T AI834849)
SECOND SCHEDULE (2 NOTIFICATIONS)

---------------
1 INTERESTS RECORDED ON REGISTER FOLIO CP/SP87368
2 AR224109 MORTGAGE TO WESTPAC BANKING CORPORATION
NOTATIONS
---------
UNREGISTERED DEALINGS: NIL
*** END OF SEARCH ***
13383 PRINTED ON 25/3/2024

* Any entries preceded by an asterisk do not appear on the current edition of the Certificate of Title. Warning: the information appearing under notations has not been formally
recorded in the Register. InfoTrack an approved NSW Information Broker hereby certifies that the information contained in this document has been provided electronically by the
Registrar General in accordance with Section 96B(2) of the Real Property Act 1900.
Copyright © Office of the Registrar-General 2024 Received: 25/03/2024 15:20:41

Title Search

-----------------------------------------------------
FOLIO: CP/SP87368
------
SEARCH DATE TIME EDITION NO DATE

----------- ---- ---------- ----
25/3/2024 3:20 PM 4 18/4/2017
LAND
----
THE COMMON PROPERTY IN THE STRATA SCHEME BASED ON STRATA PLAN 87368
WITHIN THE PARCEL SHOWN IN THE TITLE DIAGRAM
AT CAMPERDOWN
LOCAL GOVERNMENT AREA SYDNEY
PARISH OF PETERSHAM COUNTY OF CUMBERLAND
TITLE DIAGRAM SP87368
FIRST SCHEDULE
--------------
THE OWNERS - STRATA PLAN NO. 87368
ADDRESS FOR SERVICE OF DOCUMENTS:
C/- CHANGE STRATA MANAGEMENT PTY LIMITED
GPO BOX 3822
SYDNEY
NSW 2001
SECOND SCHEDULE (13 NOTIFICATIONS)

---------------
1 RESERVATIONS AND CONDITIONS IN THE CROWN GRANT(S)
2 D96267 EASEMENT FOR OVERHANGING ROOF AFFECTING THE
PART(S) OF THE LAND ABOVE DESCRIBED SHOWN SO BURDENED
IN THE TITLE DIAGRAM
3 AH624539 POSITIVE COVENANT
4 AI423266 RESTRICTION(S) ON THE USE OF LAND
5 AI616089 EASEMENT FOR CRANE JIB AFFECTING THE WHOLE OF THE
LAND ABOVE DESCRIBED
6 AI633223 EASEMENT FOR ELECTRICITY & OTHER PURPOSES AFFECTING
THE PART SHOWN AS 'EASEMENT FOR ELECTRICITY & OTHER
PURPOSES 3.3 WIDE' IN PLAN WITH AI633223
7 DP1196500 EASEMENT FOR ACCESS 1.2 WIDE, 2.15 METRE(S) WIDE AND
VARIABLE (LIMITED IN STRATUM) AFFECTING THE PART(S)
SHOWN SO BURDENED IN DP1196500
8 DP1196500 EASEMENT FOR ACCESS AND MAINTENANCE 1.0 WIDE AND 2.0
METRE(S) WIDE (LIMITED IN STRATUM) AFFECTING THE
PART(S) SHOWN SO BURDENED IN DP1196500
9 DP1196500 EASEMENT FOR CONSTRUCTION PURPOSES 1.0 WIDE AND 2.0
METRE(S) WIDE (LIMITED IN STRATUM) AFFECTING THE
10 DP1196500 EASEMENT FOR ENCROACHMENT AND SUPPORT OF STRUCTURES
0.98 METRE(S) WIDE (LIMITED IN STRATUM) AFFECTING THE
END OF PAGE 1 - CONTINUED OVER
13383 PRINTED ON 25/3/2024

-----------------------------------------------------
FOLIO: CP/SP87368 PAGE 2

------
SECOND SCHEDULE (13 NOTIFICATIONS) (CONTINUED)

---------------
11 DP1196500 EASEMENT FOR STABILISATION 8.0 METRE(S) WIDE (LIMITED
IN STRATUM) AFFECTING THE PART(S) SHOWN SO BURDENED IN
DP1196500
12 AM308988 CONSOLIDATION OF REGISTERED BY-LAWS
13 AM308988 INITIAL PERIOD EXPIRED
SCHEDULE OF UNIT ENTITLEMENT (AGGREGATE: 10000)

----------------------------
STRATA PLAN 87368
LOT ENT LOT ENT LOT ENT LOT ENT
1 - 84 2 - 59 3 - 62 4 - 87
5 - 48 6 - 83 7 - 57 8 - 84
9 - 82 10 - 58 11 - 52 12 - 81
13 - 45 14 - 80 15 - 64 16 - 82
17 - 83 18 - 59 19 - 52 20 - 82
21 - 46 22 - 81 23 - 55 24 - 83
25 - 84 26 - 60 27 - 63 28 - 88
29 - 47 30 - 82 31 - 55 32 - 84
33 - 89 34 - 58 35 - 55 36 - 89
37 - 47 38 - 83 39 - 65 40 - 85
41 - 86 42 - 62 43 - 55 44 - 90
45 - 48 46 - 86 47 - 56 48 - 86
49 - 89 50 - 63 51 - 56 52 - 91
53 - 49 54 - 87 55 - 57 56 - 91
57 - 86 58 - 59 59 - 62 60 - 87
61 - 48 62 - 59 63 - 84 64 - 82
65 - 58 66 - 52 67 - 86 68 - 45
69 - 54 70 - 82 71 - 83 72 - 61
73 - 58 74 - 82 75 - 46 76 - 62
77 - 83 78 - 84 79 - 60 80 - 54
81 - 83 82 - 47 83 - 56 84 - 84
85 - 85 86 - 55 87 - 55 88 - 84
89 - 48 90 - 56 91 - 85 92 - 87
93 - 62 94 - 65 95 - 90 96 - 49
97 - 57 98 - 86 99 - 78 100 - 61
101 - 58 102 - 84 103 - 117 104 - 124
105 - 119 106 - 131 107 - 80 108 - 80
109 - 89 110 - 78 111 - 87 112 - 81
113 - 81 114 - 90 115 - 79 116 - 88
117 - 99 118 - 99 119 - 93 120 - 82
121 - 82 122 - 91 123 - 80 124 - 89
125 - 104 126 - 104 127 - 94 128 - 83
129 - 87 130 - 78 131 - 90 132 - 101
133 - 112 134 - 4 135 - 6 136 - 6
137 - 2 138 - 1 139 - 5 140 - 6
END OF PAGE 2 - CONTINUED OVER
13383 PRINTED ON 25/3/2024

-----------------------------------------------------
FOLIO: CP/SP87368 PAGE 3

------
SCHEDULE OF UNIT ENTITLEMENT (AGGREGATE: 10000) (CONTINUED)

----------------------------
STRATA PLAN 87368
LOT ENT LOT ENT LOT ENT LOT ENT
141 - 5 142 - 6
NOTATIONS
---------
UNREGISTERED DEALINGS: NIL
*** END OF SEARCH ***
13383 PRINTED ON 25/3/2024

* Any entries preceded by an asterisk do not appear on the current edition of the Certificate of Title. Warning: the information appearing under notations has not been formally
recorded in the Register. InfoTrack an approved NSW Information Broker hereby certifies that the information contained in this document has been provided electronically by the
Registrar General in accordance with Section 96B(2) of the Real Property Act 1900.
Copyright © Office of the Registrar-General 2024 Received: 25/03/2024 15:20:42

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Property Address: 73/5-11 Pyrmont Bridge Road, Camperdown

Strata Plan No: 87368

Date Inspected: 19 April 2024

Document Available for Inspection

Strata Roll, Ledger and Financial Accounts Yes ☒ No ☐

Building Insurance Yes ☒ No ☐

Insurance Valuation Yes ☒ No ☐

Previous 5 years AGM Minutes Yes ☒ No ☐

EGM Minutes Yes ☐ No ☒

Fire Safety Certificate Yes ☒ No ☐

Capital Works Fund Forecast Report Yes ☒ No ☐

Work Health and Safety Report (if applicable) Yes ☐ No ☒

Asbestos Report (if applicable) Yes ☐ No ☒

Building Defects (if applicable) Yes ☒ No ☐

Cladding (if applicable) Yes ☒ No ☐

Correspondence File (if applicable) Yes ☐ No ☒

Certificate of Title Yes ☒ No ☐

Strata Plan Yes ☒ No ☐

Registered By Laws Yes ☒ No ☐

• Please note the strata manager advised the following:

o Refer to the email extract dated 19 April 2024

o 2022 AGM minutes

o 2023 EGM minutes

o Deed of settlement and release

Administration Fund: Capital Works Fund:

Per Quarter: $745.77 Per Quarter: $207.35

The budget passed at the last Annual General Meeting is as follows:

Date of the last AGM held: 3 April 2024

Date of next expected AGM: not yet set

Administration Fund: Capital Works Fund:

Total Building: $550,000.00 Total Building: $130,000.00

Previous year’s levies determined at the AGM dated 29 November 2022

Administration Fund: Capital Works Fund:

Total Building: $467,570.00 Total Building: $ 130,000.00

73/5 Pyrmont Bridge Rd, Camperdown

Unit Entitlement: (Aggregate Entitlement)

The Biscuit Factory Eastside

Lot and Unit number correspond:

Administration Fund: -$217,638.86

(This fund covers the day-to-day expenditure of the building)

Capital Works Fund: $1,253,110.44

(This fund is intended to cover long-term maintenance of the building)

Combined Owners Funds: $1,035,471.58

Cash at Bank: $137,150.21

Total levies in arrears: $5,888.04

Account Keeping Requirements:

Accounting records are kept as per the Act Yes ☒ No ☐

Annual Budgets have been prepared Yes ☒ No ☐

Accounts are audited Yes ☒ No ☐

The Owner’s Corporation is registered for and collects GST. Yes ☒ No ☐

Possible/proposed special levies

Common Contents: $682,500

Loss of Rent: $20,475,000

Public Liability: $30,000,000

Voluntary Workers: $200,000/2000

Workers Compensation: Not Included

Office Bearers Liability: $10,000,000

Fidelity Guarantee: $250,000

Machinery Breakdown: $100,000

Building Catastrophe: $10,237,500

Total Premium Cost:

All insurances held in the name of the Owners Corporation?

• Building insurance at least to the value of the building as determined by a valuation