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LANCELOT STRATA

REPORTS
EST . 1994

Pre-Purchase Inspection Reports


Strata Title
Neighbourhood/Community
Company Title

Ph: (02) 9482 9755 Email: Strata@bigpond.com.au


26 October 2022 Page 1

An Inspection of the Owners Corporation records was conducted on:

Strata Scheme Number


15290

Property Address 120 Shirley Road


Wolistonecraft

Lot Number 3

On Behalf of Before You Bid Pty Ltd


320 Pitt Street
Sydney NSW 2000

Matter Tennant (sale)

Your Reference 80330

Our Invoice 22/S0621

Date of Search 26/10/2022

Time of Search 2.00pm

Minutes Sighted From Date 25 Oct 2018

Minutes Sighted To Date 16 Nov 2021

Lancelot Strata Reports Pty. Ltd


26 October 2022 Strata Scheme Number - 15290 Page 2

Managing Agent/ Secretary


Name of Managing Agent Bright & Duggan
Address
37 Alexander Street
Crows Nest

Telephone No. 9438.3133

Appointed by Owners Corporation General Meeting and


Delegation of Powers, Authorities, Duties and Functions 24 Aug 1988

Amended Delegation of Powers, Authorities, Duties and Functions Not Applicable


Written Agency Agreement 12 Sep 1988
Property Stock and Business Agents Licence No. 119232
Appointed by Strata Schemes board /Adjudicator NO

- Certificate of Title

Sighted YES, Original 15 Mar 2022


Comments N/A

Number of Units in Scheme 7


Number of Lots in Scheme 7
Aggregate Units of Entitlement 1000
Unit Entitlement of Subject Lot(s) 198
Unit Entitlement of any Utility Lot(s)
Subdivisions

Lancelot Strata Rporrs Ply. Ltd


26 October 2022 Strata Scheme Number - 15290 Page 3

Building

Date of Strata 27/03/80

Original Owner Unable to Determine

How many lots remain in the


name of the Original Owner Nil

Was Building new at time of


registration of Strata Scheme YES

Approximate age of building 42 + Years

Approximate percentage of
owner occupied units Unable to Determine

Initial Period

Is the Scheme in the Inital Period NO

Lancelot Strata Reports Ply. Ltd.


26 October 2022 Strata Scheme Number - 15290 Page 4

Strata Roll

Name of the Owner(s) shown on the Strata Roll


TENNANT Andrew James

Address of the Owner(s) shown on Strata Roll


c/- Raine & Home
002/99 Alexander Street Crows Nest

Are there any mortgagees of the lot shown on the Strata Roll NO

Details of First, Second and Third Mortgagees in respect of subject lot(s)

Is a Strata Roll Maintained: YES

i) In Book Form NO maintained on computer


ii) Names Recorded YES
iii) One page per lot YES
iv) Original Owner(s) recorded NO
v) Address(es) recorded YES
vi) Unit Entitlements recorded YES
vii) By-Laws included NO
viii) Insurance details included YES

Lancelot Strata Reports Fey. Ltd


26 October 2022 Strata Scheme Number - 15290 Page 5

Owners Corporation Attitude Regarding Animals


Has approval ever been refused / approved None Sighted
We note bylaw 16 of the consolidated bylaws - no animals allowed without prior approval.

By-Laws
Note the By-Laws 1 -29 as per the Strata Titles Act 1973, applying to Strata Schemes registered
prior to the Strata Schemes Act 1996, have been revoked. By-Laws I - 11 which could not be
amended/repealed, are now included in various sections of the new Act, while By-Laws 12-29
which could be amended/repealed are now found in the model By-Laws.

By-Laws for Strata Schemes registered after the introduction of the 1996 Act will be able to adopt
one of the model By-Laws as per the regulations and/or amend/revoked or add additional By-Laws at
the time of registration of the Strata Scheme in order to provide for issues peculiar to their individual
requirements.

It is Recommended that a search of the Common Property Title be made and a copy of all dealings be
obtained to ascertain which By-Laws have been adopted by the Strata Scheme.

Are there any additional By-Laws registered after registration of the Strata Scheme YES
Dealing numbers AR9 11351 - consolidated bylaws

Are any By-Laws approved but not yet registered NO


Details of any By-Laws
Resolved 16/11/21 to add/amend/consolidate the bylaws - see attached

Lancelot Strata Reports Fly. Ltd


26 October 2022 Strata Scheme Number - 15290 Page 6

Notices and Orders


Are there or have there ever been at any time
Application(s) to the Strata Schemes Adjudicator NO
Order(s) by the Adjudicator NO
Notice(s) served on the Owner/Resident NO
Court Orders/Legal Action NO
Are details of any orders retained NO

Application(s) to or from Authorities YES


Specify details of the above
Whilst we note that annual fire safety statements are issued, none were sighted/available
Window safety/lock compliance certificate issued 22/5/18 - see attached

- Harmony
What evidence is there in respect of the harmony of the building / Breaches of By-Laws
No recent problems sighted

Lancelot Strata Reports Ply. Ltd


26 October 2022 Strata Scheme Number - 15290 Page 7

Insurance
Current Insurance with:
1. Corporate Home Unit Underwriters (QBE/Mercantile Mutual)
2. (Broker:Collective Insurance Ph.83 19.5670)
3.
4.
5
0.
Policy Co Cover Policy Number Premium Renew Date
Building I 3.89M 848677 $10,648.22 31/08/2023
Contents 1 38.90K 848677 Included
Public Liability 1 30.OM 848677 Included
Personal Accident 1 200K/2000pwk 848677 Included
Officer Bearers I 5.0M 848677 Included
Workers Compensation Not taken
Fidelity Guarantee I 250.0K 848677 Included
Loss of Rent 1 583.50K 848677 Included
Catastrophe 1 1.16M 848677 Included

Excesses YES
Details $5,000 - burst pipes/water damage
$1,000- all other claims

Insurance Policy sighted YES

Do the minutes confirm the levels of Insurance To be Confirmed at the next Meeting

Has an Insurance valuation been carried out in the last 5 years YES
Date of Valuation Amount
20 Nov 2019 3.89M

Could payment of Insurance be provedYEs

Cheque No. Cheque Date Presented Amount


e/tfer 26/08/2022 $10,648.22

Lancelot Strata Reports Ply. Ltd


26 October 2022 Strata Scheme Number - 15290 Page 8

Maintenance Levies
Is there any determination in the minutes regarding current levies YES

Levy Determination: Resolved on 16 Nov 2021 to set current levies as from 1 Nov 2021
at $28,000pa - Admin.Fund
$17,000pa - Capital Works Fund
Note: 2022 AGM will be due soon

Lot 3
Current standard Administration Fund $1,386.00 Per Quarter
levies for the lot(s) Capital Works Fund $841.50 Per Quarter
are
Other Fund $0.00 Per Quarter

Levies for Lot (s) paid to 31 Jan 2023

Any Levy Arrears I Administration $0.00


Advances Capital Works $0.00
Other $0.00
Special $0.00
(Brackets indicate Advances) Interest $0.00

Is there any evidence that there may be a special levy struck in the next 3 months
We note that the admin.fund is currently in deficit by $4,081 which would normally be
rectified by way of a special levy
Consider also matters raised in proposed expenditure

Is the Capital Works Fund separately levied YES


Is the Capital Works Fund separately recorded YES

Is the Capital Works Fund used for apparently inappropriate expenditurE4O


Is a Levy Register maintained YES
Are any Special levies currently due and payable NO
Have any special levies been struck in the last twelve mouths NO
Details of any Special Levies raised in the last 5 years
No apparent evidence.

Lancelot Strata Reports Ply. Ltd


26 October 2022 Strata Scheme Number - 15290 Page 9

Financial Details
Latest Financial Balance
As At Balance Banker
26 Oct 2022 ($4,081.51) Bank of Qid (admin.fund)
26 Oct 2022 $26,970.95 Bank of Qld (capital works fund)
26 Oct 2022 $57,585.59 St.George (capital works invt a/c)

Financial Records
We cannot state whether there has been compliance with the Property Stock and Business
Agents Act

Proper Accounting records kept YES


Are Financial Statements Prepared YES
Retained for a period of 6 years or since the registration of the Strata Scheme YES
Are there Auditors appointed NO
Are annual Budgets prepared YES
Is there any evidence of an Income Tax Return having been
lodged in the past 12 months YES

Proposed Major Expenditure


Resolved 16/11/20 to obtain quotes for painting of the foyer & related front doors
No further evidence.
We enclose for your information
* a quote dated 29/8/22 of $2,530 for fire safety repairs
* a work order dated 12/7/22 to obtain a quote & report on water ingress to unit 2
* a contract of $52,800 to HUE Projects T/A Hue Homes NSW for retaining wall works
southern facade & unit 4 balcony works - noted that part payment of $15,840 has been
made (see attached invoices dated 6/6/22 & 31/8/22)
* work order dated 23/11/20 for RHM consultants to inspect & report on structural cracks
in unit 4 boundary wall (no report or payment sighted), however we note an invoice was
paid to Halina Engineers on the 6/12/20 of $1,045- no other information was
sighted/available but may relate to the above works by HUE Homes NSW.
No further evidence.

Lancelot Strata Reports Ply Ltd


26 October 2022 Strata Scheme Number - 15290 Page 10

Financial Extracts

Balance Sheet Attached Budget Attached

Lancelot Strata Reports Ply. Ltd


26 October 2022 Strata Scheme Number - 15290 Page 11

- Building
Is there evidence indicating any major problems, faults or difficulties which have been
repaired over the past 3 years.
STRUCTURE
2017/2018 Repairs (general) $1,196.00
2018/2019 Consultant fees $1,491.00
2018/2019 Pest $1,278.00
2018/2019 Repairs (general - tiles,pavers,mould removal,stack cover) $1,490.00
2019/2020 Pest $1,780.00
2019/2020 Repairs (general - create ramp & ceiling works $1,058.00
2019/2020 Fire protection $2,025.00
2019/2020 Electrical repair/lights $1,027.00
2020/2021 Repairs (general - doors,painting,tiles etc) $2,696.00
2020/2021 Engineers fees $1,045.00
2020/2021 Gardens $4,455.00
2021/2022 Wall works (deposit) $5,280.00
2021/2022 Clean windows $1,595.00
2022 Wall works (deposit) $10,560.00

PLUMBING
2017/2018 Plumbing repairs (unspecified) $1,304.00
2018/2019 Stormwater & pits $7,805.00
2018/2019 Sewer $1,078.00
2018/2019 Plumbing repairs (unspecified) - basement garage $6,820.00
2019/2020 Repair burst pipe $5,795.00
2019/2020 Clean gutters $1,056.00
2019/2020 Plumbing repairs (pipe,pit,sewer,heater valve $2,602.00
2020/2021 Clean gutters/downpipes $1,776.00
2021/2022 Plumbing repairs - water hammer,sprinkler,pipework,blockages' $1,749.00

WATER PENEIRATION / SEEPAGE


2017/2018 Roof/gutters/downpipes $1,485.00
2018/2019 Roof/gutters/downpipes (ridge eapping/reseure gutters etc) $2,854.00
2020/2021 Waterproofing works - unit 7 $2,507.00

ADJOINING PROPERTIES
No Apparent Evidence

Lancelot Strata Reports Ply. Ltd.


26 October 2022 Strata Scheme Number - 15290 Page 12

Other Matters
Reflected by the Minutes or Correspondence

Details of all matters which would assist the Owner, Purchaser or Mortgagee in
determining whether the Purchaser or Mortgagee should be proceded with.
We sighted a letter dated 12/12/17 allowing (in principle) lot Ito install an airconditioner
We enclose for your information
* sinking/capital works fund report dated 30/11/19
* asbestos report dated 2/12/11 noting low risk areas ie electrical board & eaves
* strata managers cladding desk top review dated 25/10/18 noting no action required
* AGM minutes dated 16/1 1/21,16/11/20,28/10/19 & other minutes which includes
appointment of the strata committee & other mailers addressed by the owners corporation.
We note:
* no pest,OH&S/WHS reports were sighted/available
* the 2022 AGM will be due soon - no notice/agenda sighted/available
* the records provided for our inspection were via remote access/link only & appears to be
incomplete le AGM minutes dated 16/11/21 were subsequently located in the
correspondence files, hence we can not ascertain/confirm if all relevant files,minutes,
documents were filed & available for our perusal.
* additional files,documents,correspondence may be kept on the strata managers personal
computer which is not available for our perusal.

eport should be read in conjuction with our disclaimer/conditions attached

(Director)
Lancelot Strata Reports Pty Ltd
8 North Street Mt.Colah NSW 2079
Ph.(02)9482.9755 Fax.(02)9482.9733
e-mail strata®bigpond.com.au

Lancelot Strata Reports fly. Ltd


DISCLAIMER/ REPORT CONDITIONS

• Information contained in this report was derived entirely from an inspection of the owners
corporations records made available at the time of our inspection, we are unable to guarantee that
all the owners corporation records were made available or to the accuracy of the information
contained in those records. Whilst every effort is made to ensure the accuracy of the information
contained in this report, we will not accept liability for any missing documents or incorrect
information obtained from those records or derived verbally from the secretary, treasurer, strata
manager or their staff.

• Every staff member involved in the preparing of this report has over 25 years experience each in
carrying out Inspections, which makes us amongst some of the most experienced in the business.
Our reports are designed to be on overview/summary of the most important information that in our
experience a prospective purchaser should be aware of to help with their decision to purchase.
They are not a comprehensive list of every event.

• Records may be contained/ scanned onto computer filesandassuch we cannot ascertainthe accuracy
of such records. Due to timerestraints we cannot peruseall/ any unmarked/ unlabelled filesor
ascertain that the strata records have been correctly scanned/entered into the correct Plan files
(especiallywhere records have been back-scanned from prior Strata Managers who may have
different computer software).

• Computertern,inals made available forinspections may contain different records to the computers
available to the strata manager & or their staff .lt should also be noted that strata records may be held
by the strata manager personally including e-mails, executive committee & or building managers which
are not made available to the Inspector at the time of the inspection (many Strata managers receive
several hundred emails per day so is not always practical to transfer every single email to searcher
computer systems).

• Many large schemes or schemes involved in major works/legal action etc may contain copious amounts of
fifes, correspondence, emails etc which all have to opened individually. Due to time constraints we cannot
always view every single file and have to concentrate on what appears in our experience to be major or
important files of relevance to a purchaser's decision to buy into the plan.

• Note when providing past expenditure details we mostly rely on yearly income and expenditure statements
for this information. Where time permits and more information is available we try to specify more details of
work such as unit no etc but this is not always possible. We provide income and expenditure information for
your information to provide an overview of the history of the building. This is not designed to be a historical
audit of the records.

• It is also noted that in the majority of instances, strata managers & or their staff are not available to
discuss any matters relating to the strata plan with the inspector as under section 182 of the strata
schemes management act they are only required to produce the records for inspection. Many Strata
Managers have a strict policy of not allowing inspectors to ask any questions, whereas others may be in
meetings or leave at the time of our inspection or work at offsite locations.

• Strata Managers will often archive strata records, mainly correspondence, building/engineer reports and
financial records, these records may be held off site &/or notavailable for our perusal at the time of our
inspection.

• This report may contain information ordocumentation obtained from previous inspections which may or
mdy not be made available at the time of this inspection but have been retained in the report for the
benefit/ information of the client for which this report has been prepared.

• For your information we include minutes of the last Annual General Meeting. We may also attach
copies of any other documents or minutes which we consider warrants your further reading to explain
information already stateçl in this report, especially where complex matters are involved. Where large
consultant or defect reports are sighted it is our policy to provide you with a summary of the report if
available, and any information rela,ting to the subject lot, but we do not generally include photos,
disclaimers and pages of little relevance.

• This report is issued for the client named in this report & no other person shall be or shall be deemed to
be entitled or has authority to use/rely on this report for any purpose.
!5
i Level 33, 101 Miller Street
North Sydney NSW 2060

CHU
P0 BOX 500, North Sydney NSW 2059

Certificate of Currency
CHU Residential Strata Insurance Plan
Policy No 848677
Policy Wording CHU RESIDENTIAL STRATA INSURANCE PLAN
Period of Insurance 31/08/2022 to 31/08/2023 at 4:00pm
The Insured THE OWNERS - STRATA PLAN 15290
Situation 120 SHIRLEY ROAD WOLLSTONECRAFT NSW 2065

Policies Selected
Policy 1 - Insured Property
Building: $3,890,000
Common Area contents: $38,900
Loss of Rent & Temporary Accommodation (total payable): $583,500

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 - Workers Compensation


Not Available

Policy 5—Fidelity Guarantee


Sum Insured: $250,000

Policy 6—Office Bearers' Legal Liability


Sum Insured: $5,000,000

Policy 7 - Machinery Breakdown


Not Selected

Policy 8— Catastrophe Insurance


Sum Insured: $1,167,000
Extended Cover - Loss of Rent & Temporary Accommodation: $175,050
Escalation in Cost of Temporary Accommodation: $58,350
Cost of Removal, Storage and Evacuation: $58,350

The contract of insurance Is arranged by Cilu underwriting Agencies Pty Ltd (ABN 18 001 S80 070. AFSL 243261) on behalf of the insurer: GIBE Insurance (Australia) Limited
(ABN 78 003 191 03s, AFSL 239545).
S
CHU
Policy 9— Government Audit Costs and Legal Expenses
Government Audit Costs: $25,000
Appeal expenses - common property health & safety breaches: $100,000
Legal Defence Expenses: $50,000

Policy 10— Lot owners' fixtures and improvements (per lot)


Sum Insured: $250,000

Flood Cover is included.

Date Printed 26/08/2022

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 CHIJ Underwriting Agencies Pty Ltd (ABN 18001580070), AFSL 243261) on behalf of the insurers: OBE Insurance (Australia) Unlited
(ABN 78003 191 035, AESI 239545),
848677 Page 2of2
Collective insurance Brokers Pty Ltd
AFS 511427
COLLECTIVE ABN 27 625 475 434

INSURANCE Email: info@collectiveib.com.au

BROKERS
RENEWAL TAX INVOICE
SP15290 Date: 26/08/2022
Bright & Duggan Pty Ltd Invoice Number: 00171991
P0 Box 281
Crows Nest NSW 1585 Account Executive: Allan Capuno
Broking Assistant: Allan Capuno

Thank you for using our services to arrange this nsurance cover.

Brief details of cover arranged on your behalf are given below. You should refer to the policy documents issued by the insurer for
complete policy terms and conditions.

Please read carefully the important notices attached regarding your Duty of Disclosure. Please do not hesitate to contact us with any
questions you may have.

flqe of Polity. CHU Residential Strata


Insured SP15290
Policy Description 120 Shirley Road, WOLLSTONECRAFT NSW 2065
Insurer CHU Underwriting Agencies
Underwritten by QBE Insurance Australia Ltd (CHU)
Policy Number 848677-1
Period of Insurance 31/08/2022 to 31/08/2023
Effective Date 31/08/2022
remium : FSL Insurer Policy Insurer Stamp Broker Fee Broker,Fee Invoice Total
Charge Total 651 Duty GST
$7,320.68 $ 858.40 $ 105.00 $ 828.42 $ 809.72 $ 660.00 $ 66.00 $10,648.22
"Orlent Options

0 DEFT Collective Insurance Brokers Pty Ltd

DEFT Reference Number


40557121719919
Pay by credit card or registered bank account at www.deft.com.au or phone Invoice No: 00171991
1300 30 1090. Payments by credit card may attract a surcharge.
Total: $10,648.22

VISA Due Date: 14/09/2022


monad.

to
prp Billpay
Ill I IIIII 11111111 11111111 II
*495 405571 217 9919
Pay in-store at Australia Post by cheque o EFPOS

Contact your participating


financial Institution to

0C Biller Code: 20362


Ref: 40557121719919
make BPAY payments
using the biller code and
reference number as
detailed above
Total Due: $10,648.22
• itjt 0. iC Sal SaflCS 0 r L1J
APS 511427
ABN 27 625 475 434

SUMMARY OF COVER
Residential Strata Policy Number 848677-1

Policy Period 31/08/2022 to 31/08/2023

Effective Date 31/08/2022

The Insured:
SP15290 Plan Address 120 Shirley Road,
WOLLSTONECRAFT NSW 2065

thU UNDERWRITING - Residential


LIMITS/SUM INSURED

POLICY 1 INSURED PROPERTY (Building) $ 3,890,000


Loss of Rent/Temp Accommodation (15%) $ 583,500
INSURED PROPERTY (Common Area Contents) $ 38,900
FLOOD Included

POLICY 2 PUBLIC LIABILITY $ 30,000,000

POLICY 3 VOLUNTARY WORKERS $ 200,000/2,000

POLICY 4 WORKERS COMPENSATION (AG, TAS & WA ONLY) Not Selected

POLICY S FIDELITY GUARANTEE $ 250,000

POLICY 6 OFFICE BEARER'S LIABILITY $ 5,000,000

POLICY 7 MACHINERY BREAKDOWN Not Selected


Loss of Rent/ Temp Accommodation (20%)

POLICY 8 CATASTROPHE INSURANCE (community Association) $ 1,167,000


Extended cover - Rent/Temp Accommodation $ 175,050
Escalation in Cost of Temp Accommodation $ 58,350
Cost of Storage Evacuation $ 58,350

POLICY 9 Government Audit Costs $ 25,000


Appeal Expenses -common property health & safety breaches $ 100,000
Legal Defense Expenses $ 50,000

POLICY 10 LOT OWNERS FIXTURES AND IMPROVEMENTS (per lot) 250,000


WflCaa . c a..a.., as *c Sn asa n.y S.
AFS 511427
ABN 27 625 475 434

EXCESSES
POLICY 1
Any event of any kind $ 1,000
Water Damage $ 5,000
Exploratory Costs — Burst Pipes $ 5,000

POLICY 9
Legal Defence Expenses $ 1,000

SPECIAL TERMS AND CONDITIONS


Not Applicable

INSURER UNDERWRITTEN BY
CHU Underwriting Agencies Pty Ltd OBE Insurance (Australia) Ltd
ABN 18 001580 070 / AFS 243261 ABN 78003 191 035 / AFSL 239545
Level 5,1 Northcliff Street Level 5, 2 Park Street
Milsons Point NSW 2061 SYDNEY NSW 2000
www.chu.com.au www.qbe.com.au

INSURER PRODUCT DISCLOSURE STATEMENT & POLICY WORDING 0M562-0122


an Local network customercareCbrigI*duggan.coniaU
bright.duggan.com.au
Cmws Nest I Caringbah I Rose Bay
bright & duggan Sydney Olympic Park I Hunter PC Box 281, Crows Nest NSW 1585
F: 02 9902 7100
australia's strata leader OLD I vic I ACT ABN 32 001554 650

Strata Plan No. 15290

BALANCE SHEET
AS AT 26 OCTOBER 2022
ACTUAL ACTUAL
26/10/2022 31/08/2022

OWNERS FUNDS
Administrative Fund (6,456.78) (2,736.23)
Capital Warts Fund 83090.29 93,539.28

TOTAL $ 76,633.51 $ 90,803.05

THESE FUNDS ARE REPRESENTED BY

CURRENT ASSETS
Bank Balance Admin Fund (4,081.51) (3,474.16)
Bank Balance Capital Works 26,970.95 35,622.70
Investment Bas Stg 57,585.59 57,474.58
Levies In Arrears 0.00 1,170.00
Other Arrears 66.00 0.00
Interest Accrued On O/D Levies 18.27 9.93

TOTAL ASSETS 60,559.30 90,803.05

LIABILITIES
Levies In Advance 3,925.79 0.00

TOTAL LIABILITIES 3,925.79 0.00

NET ASSETS $ 76,633.51 $ 90,803.05


Local network: ctistomercare@bright-duggan.com.au
bright-duggan.com.au
bright & duggan Crows Nest I Caringhah I Rose Bay
Sydney Olympic Park I Hunter PC Box 281, Crows Nest NSW 1585
R. 02 9902 7100
austnlias strata leader OLD I \'IC I ACT ABN 32 001 554650

Strata Plan No. 15290


120 Shirley Road Wollstonecraft NSW 2065

STATEMENT OF INCOME AND EXPENDITURE


FOR THE PERIOD 01 SEPTEMBER 2021 TO 31 AUGUST 2022
ACTUAL BUDGET VARIANCE ACTUAL
01/09/21-31/08122 01109/21-31/08122 01/09120-31/08/21

ADMINISTRATIVE FUND
INCOME
Levies - Administrative Fund 30,500.00 28,000.00 108.93 35,500.00
Interest On Overdue Levies 9.93 10.00 99.30 17.59
Transfer From Capital Works 0.00 0.00 0.00 8,000.00
TOTAL ADMIN. FUND INCOME 30,509.93 26,010.00 43,517.59

EXPENDITURE - ADMIN. FUND


Bank Charges 43.20 48.00 90.00 48.00
Cleaning 4,591.92 4,490.00 102.27 4,489.87
Consulting-Contractor Comp 198.00 198.00 100.00 198.00
Electrical Repairs 392.55 450.00 87.23 444.21
Grounds-Gardening 3,922.06 725.00 540.97 721.19
Grounds-Tree Lopping 407.00 0.00 0.00
Fire Protection Testing 0.00 845.00 0,00 846.01
Insurance Premiums 10,648.22 9,000.00 118.31 18,705.15
Management Fees 3,872.34 3,800.00 101.90 3,725.04
Additional Services 0.00 0.00 0.00 303.00
Accounting & Finance 22.00 99.00 22.22 0.00
Admin Processing 88.00 22.00 400.00 22.00
By-Law Processing 198.00 0.00 0.00
Asset Maintenance 151.25 83.00 182.23 82.50
Strata Manager Consultancy 261.25 350.00 74.64 137.50
Disbursements 911.43 765.00 119.14 764.41
Plumbing-General 0.00 450.00 0.00 458.10
Rep & Maint-Garage Door 891.30 450.00 198.07 365.00
Rep & Maim-Television Antenna 478.50 0.00 0.00
Rep & Maint-General Building 1,749.00 550.00 318.00 2,696.10
Rep & Maim-Locks 896.50 0.00 0.00
Rep & Maint-Roof/Gutter/Dpipes 528.00 750.00 70.40 1,776.50
Services-Electricity 741.16 940.00 78.85 938.25
Services-Water Usage 1,899.02 3,375.00 56.27 3,373.30
TOTAL ADMIN. EXPENDITURE 32,890.70 27,390.00 40,094.13

SURPLUS! DEFICIT $ (2,360.77) $ 620.00 $ 3,423.46

Opening Admin. Balance (355.46) (355.46) 100.00 (3,778.92)


ADMINISTRATIVE FUND BALANCE $ (2.736.23) $ 264.54 $ (355.48)
Local network: ctntomecarcbcight.duggan.m.aU
Crows Nest I Caringbah I Rose Bay b rig ht-d u g 9 a n .com .a U
bright & duggan Sydney Olympic Park I Hunter PC Box 281, Crows Nest NSW 1585
02 9902 7100
australias strata leader OLD I vic I ACT ABN 32 001 554650

Strata Plan No. 15290


120 Shirley Road Wollstonecraft NSW 2085

STATEMENT OF INCOME AND EXPENDITURE


FOR THE PERIOD 01 SEPTEMBER 2021 TO 31 AUGUST 2022
ACTUAL BUDGET VARIANCE ACTUAL
01/09/21-31/08/22 01/09/21-31/08/22 01/09/20-31/08/21

CAPITAL WORKS FUND


INCOME
Levies . Capital Works Fund 13,250.00 17,000.00 77.94 4,500.00
Interest On Investment 295.85 0.00 131.29
TOTAL CAPITAL WORKS INCOME 13,545.85 17,000.00 4,63l.29

EXPENDITURE - CAPITAL WORKS


Plumbing-Waterproofing 0.00 0.00 0.00 2,507.18
Rep & Maint-General Building 7,826.50 52,800.00 14.82 5,500.76
Tax Return 198.00 0.00 198.00
Transfer To Admin Fund 0.00 0.00 0.00 8,000.00
TOTAL CAP. WORKS EXPENDITURE 8,024.50 52,600.00 16,205.94

SURPLUS! DEFICIT $ 5,521.35 $ (35,800.00) $ (11.574.65)

Opening Capital Works Balance 88,017.93 88,017.93 100.00 99,592.58


CAPITAL WORKS FUND BALANCE $ 93,539.28 $ 52,217.93 $ 88,017.93
Asbestos Survey
For
The Owners Corporation for

120 Shirley Road


Wollstonecraft NSW 2065

Strata Plan 15290

Inspection Details
Date of inspection: 2/12/2011
Inspector name: Stephen Lovegrove
Our Reference: 934916
02 December 2011

The Owners Corporation for


120 Shirley Road
Wollstonecraft NSW 2065

Dear Committee Members,


Thank you for using Solutions in Engineering for your Asbestos Survey. This survey has
determined that Asbestos or Asbestos Containing Materials have been identified during our
inspection of the common areas of this property.

Attached is the report compiled by a safety inspector, who has the appropriate experience
and has undertaken specific training to qualify as a „competent person‟ as required by
legislation. The report contains;

An Inspection Summary Including the date and details of the person conducting this
inspection, the location and condition of the Asbestos or ACM
identified on site and a hazard assessment summary table.
Safety Information Potential health risks to occupants of the building because of the
presence of asbestos or ACM.

The purpose of undertaking this survey was to prevent any worker or occupier unknowingly
uncovering or causing damage to asbestos on site, potentially releasing airborne fibres,
which would cause harm to themselves and others during such an incident. To fulfil this
objective there are three things that need to be done to meet full safety compliance.

1. Warning labels and signage identifying the location of the asbestos need to be
installed on site (by a competent person).
2. An asbestos register must now be prepared and be easily accessible for each
occupant and anyone entering the building to perform work to review and update as
required.
3. An Asbestos Management Plan (AMP) is to be made accessible on site for workers
and others who may be impacted by the presence of asbestos. The AMP details
who is responsible to implement asbestos related safety measures and what those
control measures will be.

Solutions in Engineering can provide a simple „one step‟ solution to meet these outstanding
compliance requirements. To order please remit the completed order form at the back of this
document.
Our Safety Team are available to assist you with any queries you may have or any issues
that require further clarification, please call us on 1300 136 036.

Yours Sincerely,

The Team at Solutions in Engineering


120 Shirley Road Reference Number 934916

INSPECTION SUMMARY REPORT


Assessed by: Stephen Lovegrove
Assessment date: 2/12/2011
Reassess risk regularly, particularly when
- There is evidence that the risk assessment is no longer valid;
- A significant change is proposed in the work area (in place or in work practice);
- There is a change in the condition of the ACM;
- The ACM has been removed, enclosed or sealed.

Asbestos Hazard Assessment Summary Table


Photo Asbestos Location and Condition Work in Current Risk Control Measure Sample
Description adjacent areas Controls Level No
- Elimination
What work is likely What controls are (see - Substitution
to be conducted in currently in place the - Engineering/Isolation
the adjacent areas? (including Report - Administrative
labeling)? Notes - Behaviour
section) - PPE
Photo 1: Front of the building

No asbestos containing
materials (ACM) identified.

© Solutions in Engineering | Ph 1300 136 036 Page | 3


120 Shirley Road Reference Number 934916

Photo Asbestos Location and Condition Work in Current Risk Control Measure Sample
Description adjacent areas Controls Level No
Photo 2: Car park

No asbestos containing
materials (ACM) identified.

Photo 3: Eaves Location: AC sheet GOOD - No Repair and P4 Administration


sign of damage maintenance,
The eaves are presumed to be or deterioration painting
lined with AC sheeting which due to weather,
has been known to contain non-friable
asbestos.

Photo 4: Black backing boards Location: AC electrical fuse GOOD - No Repair and P4 Administration
boards sign of damage maintenance
or deterioration
The black backing boards on due to weather,
the switchboard are presumed non-friable
to be AC sheeting which has
been known to contain
asbestos.

© Solutions in Engineering | Ph 1300 136 036 Page | 4


120 Shirley Road Reference Number 934916

Photo Asbestos Location and Condition Work in Current Risk Control Measure Sample
Description adjacent areas Controls Level No
Photo 5: Internal stairway

No asbestos containing
materials (ACM) identified.

© Solutions in Engineering | Ph 1300 136 036 Page | 5


120 Shirley Road Reference Number 934916

REPORT NOTES
Priority Levels

The ultimate goal of the asbestos management and control regime is for all workplaces to be free
from ACM. This goal will not be achieved overnight, however, and so it is important that all ACM be
managed and controlled depending on the risk it poses. As such, in the Inspection Summary
Report, each item of presumed or confirmed ACM is given a „Priority Level.‟ Ranked between a
priority 1 for a high risk incidence through to a priority 4, for a low risk of exposure, which indicates
how it should be managed. The different Priority Levels are explained below.

Priority Level Meaning & Recommended Control Measure


Based on the condition of the ACM there is an indication of an
immediate or elevated health risk to workers. The ACM has been
Immediate identified as High Risk, and cannot be controlled through enclosure,
P1
Action Required encapsulation or sealing. Access to the area containing the ACM
should be restricted, and the ACM should be safely removed
immediately.

Based on the condition of the ACM, the likelihood that it will be


disturbed, and the likelihood of a person being exposed to respirable
asbestos fibres, the ACM poses a potential health risk to workers in
their current state. This risk is determined as requiring immediate
action of the preferred control measure, elimination. Immediate
P2 High Risk
removal of the asbestos containing materials is recommended,
however control measures to stablise and isolate the material from
assess by any non essential workers with regular monitoring of the
condition of the material is the minimum that would be acceptable, until
asbestos removal can be arranged.

Based on the condition of the ACM, the likelihood that it will be


disturbed, and the likelihood of a person being exposed to respirable
asbestos fibres, the ACM does not present an immediate health risk
unless further disturbed. Control measures must be implemented to
P3 Moderate Risk undertake any necessary repairs and maintenance and protect these
materials from further damage, including installation of warning signs.
Reassessment of this priority rating should be undertaken when any
change to the work environment or the work activity within the
environment is planned.

Products or bonded ACM that pose low health risk to workers. This
material is currently undamaged, stable, non-friable, within a low
assessable area. Control measures to protect these materials from
damage would include identifying materials with warning signs and
P4 Low Risk
providing asbestos awareness instruction to workers by way of
workplace training. Reassessment of this priority rating should be
undertaken when any change to the work environment or the work
activity within the environment is planned.

Some asbestos is more vulnerable to damage and more likely to release airborne asbestos fibres
than others, however in general, the materials which contain a high percentage of asbestos with
less bonding agent are more easily damaged. For example, asbestos insulation and lagging can
contain up to 85% asbestos and are likely to release fibres. In comparison, AC contains only 10-

© Solutions in Engineering | Ph 1300 136 036 Page | 6


120 Shirley Road Reference Number 934916

15% asbestos and as it is tightly bound, the material will only give off fibres if it is badly damaged,
broken or is worked on.

No matter which priority level the asbestos has been indicated in our risk assessment, should any
renovation, maintenance or demolition work involving asbestos or asbestos related materials
(ACM) be planned, please ensure the persons involved can confirm their ability and intention to
comply with the requirements for „How to Safely Remove Asbestos‟, available from
www.safeworkaustralia.gov.au.

Report Limitations
This is a „Common Areas‟/Workplace Survey designed to meet the specific needs of the Body
Corporate. Areas inspected do not include private property, e.g. balconies and inside individual
units as the Owner of a private dwelling is not required to comply with the regulation.

It is not always possible to view all areas of the building as access is not physically possible and or
would involve the demolition or partial demolition, or work off ladders. As Solutions in Engineering
inspectors perform all on site inspections alone, they are unable to meet the legislative obligations
for OH & S with regard to these activities.

As a general guide, Asbestos Containing Materials (ACM), if stable and inaccessible, should be left
in situ until demolition, partial demolition or renovation. Where in situ asbestos materials are in a
stable condition, but accessible, they should be controlled appropriately through encapsulation,
sealing, enclosure or removal. However, ACM that is friable, poorly bonded or in an unstable
condition, must be removed. Please note that if ACM is to be removed, removal must be done in
accordance with the Safe Removal of Asbestos Code Of Practice.

Where access was unavailable to the roof we have used the latest available aerial photos, coupled
with information from the on-site inspection and additional information we have obtained regarding
the materials used, in order to make the determinations within this report. If the roof has been
changed since the date of the aerial photo then the recommendations regarding the presence of
Asbestos Containing Material on the roof may not be applicable.

Access Limitations
In some instances, ACM may be present in areas that cannot be accessed without
implementing destructive sampling techniques. As such, it may not be possible to positively
identify the presence of all ACM on the property. Where there is reason to suspect ACM in
areas which cannot be inspected, we will presume it to be present and recommend that
appropriate measures be taken.

Sampling
Only laboratory analysis of samples of the particular material can conclusively identify the
presence, type, and proportion of asbestos. Samples of paint, insulation material and other
building materials are taken and subjected to tests by an independent testing agency.

Solutions in Engineering cannot conclusively assess the presence or absence of Asbestos and
rely on the results of these independent tests (where conducted). Solutions in Engineering will
forward to the recipient of the Asbestos Survey any report or findings of the independent
testing agency, in the form provided by the independent testing agency, when they become
available.

If it is unreasonable to collect sample material, due to accessibility or potential to cause


damage to the area, making the release of airborne asbestos fibres more likely, the law
specifies that our inspector, as a competent person, can presume the presence of asbestos, or
asbestos containing materials based on their observations and experience, and that their

© Solutions in Engineering | Ph 1300 136 036 Page | 7


120 Shirley Road Reference Number 934916

presumption requires the steps for asbestos safety compliance to be met by the person in
control of that workplace.

Such areas that may require our inspector to make informed presumptions about the likelihood
of the presence of asbestos or ACM include:
- wall cavities
- beneath floor coverings
- penetrations in solid wall cavities and concrete floor slabs
- pipework in wall cavities
- heater banks in air conditioning ductwork
- fire doors
- inaccessible service ducts/risers
- Lift shafts
- Underground piping

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

© Solutions in Engineering | Ph 1300 136 036 Page | 8


120 Shirley Road Reference Number 934916

HARMONISED HEALTH AND SAFETY LAWS SPECIFICALLY ADDRESS THE SAFE


PRACTICE REQUIREMENTS RELATED TO ASBESTOS MANAGEMENT

The Commonwealth and each state and territory government have agreed to harmonise their work
health and safety laws, including Regulations and Codes of Practice (COPs), so that they are
similar in each jurisdiction.

When will the changes to the WHS Act, Regulations and updated COPs come into effect?

The Commonwealth and each state and territory will be required to enact laws that reflect the
model work health and safety laws by the end of December 2011. It is expected that all laws will
commence on 1 January 2012.

Model Codes of Practice are being developed and implemented at the same time as the model
WHS Regulations. This survey meets the standards for compliance as detailed in the model Code
of Practice for „How to Manage and Control Asbestos in the Workplace‟.

Asbestos Management
From 1 January 2012 the law will require the person or persons in control of a workplace in a
building, all or part of which was built under an approval given by a local government before 2004,
meet certain obligations with respect to asbestos under the Workplace Health and Safety
Regulations. (Details of these obligations are specified in the Codes of Practice relating to
Asbestos control, asbestos removal and warning signage and labelling.)

Many of these pre- 2004 buildings are likely to contain some asbestos or asbestos based products
installed for a variety of functional uses such as fire protection, and thermal and acoustic
insulation. As these buildings age, are maintained, remodelled or demolished, the potential for
exposure to asbestos fibres increases for:

employers, self-employed persons, and workers who:


- work in these buildings; or
- work on remodelling, maintenance or demolition of these buildings; and
members of the public who occupy or visit these buildings.

These regulatory provisions relating to the on-site management of in situ asbestos materials and
product are intended to prevent or minimise asbestos-related disease by reducing the risk of
exposure among persons in workplaces where asbestos and asbestos-containing materials (ACM)
are present, particularly where those persons are required to do work on the building, such as
tradespersons and maintenance workers.

Specifically, the obligations of a person with management or control of a workplace with relation to
asbestos apply only to workplaces in buildings built or given building approval prior to 1 January
2004, as these buildings are most likely to contain ACM installed for a variety of functional uses
such as fire protection and thermal and acoustic insulation or cladding.

The regulations require compliance with the National Occupational Health and Safety Commission
(NOHSC, now known as the Australian Safety and Compensation Commission (ASCC) Codes of
Practice with relation to asbestos for the on-site management of asbestos and ACM. The Codes of
Practice impose a duty on the person in control to ensure that a process is undertaken to:

(a) investigate the premises for the presence or possible presence of ACM;
(b) develop and maintain a register of the identified or presumed ACM;
(c) develop and maintain an asbestos management plan;
(d) assess the condition of any ACM that are found and the associated asbestos risks;
(e) develop measures to remove the ACM or otherwise to minimise the risks and prevent exposure
to asbestos; and

© Solutions in Engineering | Ph 1300 136 036 Page | 9


120 Shirley Road Reference Number 934916

(f) ensure the control measures are implemented as soon as possible and are maintained as long
as the ACM remain in the workplace.

An owner of structure used for domestic residential purposes is not required to comply with the
regulation. However, where any part of a structure is used as a workplace, giving rise to a “mixed
use” situation, the regulation will apply to all parts of the structure associated with that workplace.

The common property areas of a strata title building will be a workplace for the purposes of the
Regulation.

HEALTH RISKS OF ASBESTOS

The NOHSC Codes of Practice describe Asbestos as „the fibrous form of mineral silicates
belonging to the serpentine and amphibole groups of rock-forming minerals.‟ It was used in more
than 3,000 products, including heat-resistant textiles (cloth, padding and board), asbestos cement
products (sheets and pipes), special filters for industrial chemicals, thermal insulation products
(pipe and boiler insulation), friction materials (clutch plates, brake linings), gaskets, floor tiles,
roofing materials, packing materials, paints and protective paper.

Inhalation of asbestos has been linked to three respiratory diseases: asbestosis, mesothelioma
and lung cancer. The latency period between exposure to asbestos and the onset of the diseases
is generally between 15 and 40 years, with symptoms generally not displaying until the advanced
stages of illness. Asbestosis and mesothelioma cannot be effectively treated, and most persons
suffering from mesothelioma die within twelve months of diagnosis.

Inhalation of airborne asbestos fibres can cause death and therefore concentrations of airborne
asbestos are a risk that must be controlled. Airborne asbestos fibres can result from: the release of
asbestos fibres through the performance of many ordinary tasks such replacing certain types of
ducting or insulating materials around items of plant, accidental contact with asbestos materials
causing the fibres to break free, and failure to adequately maintain an asbestos containing material
resulting in the release of asbestos fibres.

Where asbestos is present the risk to owners and managers is significant both in terms of health
and legal liability, particularly if measures to manage this risk are not in place.

© Solutions in Engineering | Ph 1300 136 036 Page | 10


120 Shirley Road Reference Number 934916

Annual Re-assessment

It is necessary to check the condition of the asbestos and ACM on the property, on a regular basis
to ensure that any deterioration and/or alteration of such material or the environment in which it is
located is identified are addressed. Changes to the asbestos and ACM on the property will require
and update to the Asbestos Register and changes to the Asbestos Management Plan to ensure
that the property remains free of associated risks to health and safety.

To ensure safety compliance is maintained please arrange for an asbestos reassessment package
annually.

Date of Inspection Signature of Inspecting Officer

02 December 2011 Inspector name: Stephen Lovegrove

Inspector Name:

Inspector Name:

Inspector Name:

Inspector Name:

© Solutions in Engineering | Ph 1300 136 036 Page | 11


ASBESTOS SERVICES ORDER FORM

Asbestos Management Plan and Asbestos Register (includes an


asbestos safety information kit to be kept on site for the reference of
workers)

The condition of ACM on site, the ACM Management Plan and Asbestos Register should
be reviewed at least every 12 months.

PROPERTY INFORMATION

Building
Name: Strata Plan 15290

Street
Address: 120 Shirley Road Suburb: Wollstonecraft NSW 2065

Year Built: 1980 Ordered By: Bright & Duggan Pty Ltd

Please email order form back to orders@solutionsinengineering.com

Should you have any queries, please do not hesitate to call us on 1300 136 036

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

© Solutions in Engineering | Ph 1300 136 036 Page | 12


Certificate of Compliance
Child Window Safety

Strata Plan: 15290


Building Address: 120 Shirley Road, Wollstonecraft
Strata Management co: Bright & Duggan
Manager: Tereza Mareckova

ASQB has installed window restriction devices to all windows affected by the Strata Schemes Management act 2015 Section
118 and the Strata Schemes Management Regulation 2016 Section 30.

Affected windows include;


- If it can be opened, &
- the lowest level of the window opening is less than 1.7m above the surface of any internal floor that abuts the wall of which
it forms part, and
-that internal floor is 2m or more above the surface of any external surface below the window that abuts the wall, &
- it is a window on common property to which access can be gained from a residence in a strata scheme or a window on any
part of the building that is part of a residence.
The safety devices installed meet Strata Schemes Management Act 2015- Section 118. In that they;
- Are Capable of resisting an outward horizontal action of 250 newtons.
- Have a child resistant release mechanism.
- Restricts the opening of a window, so that a sphere having a diameter of 125mm or more cannot pass through the opening.

Recommended Re-Inspection Date: 22/05/2019

All safety devices come with a limited manufacturer’s warranty, ASQB Pty Ltd recommends an annual inspection of all safety
devices. Any devices that fail to restrict window opening should be locked in the closed position, ASQB is to be contacted fo r
servicing. A high degree of caution should be applied during this period.

* This certificate may exclude some windows that have not been fitted with a complying safety device due to reasons out of
ASQB’s control e.g. denied access, faulty window etc. These windows will be identified on the installation log that
accompanies this certificate. ASQB will update the certificate and installation log once additional works have been carried o ut.
Certificate of Compliance
Child Window Safety

Activity Log

Unit/Villa/Townhouse Date Device Assessment


Notes
Number Completed Quantity Quantity
Common Area 22/05/2018 1
1 22/05/2018 Exempt Exempt
2 22/05/2018 4
3 22/05/2018 Exempt Exempt
4 22/05/2018 5
5 3/04/2019 10
6 22/05/2018 3
7 22/05/2018 16
bright & duggan
austraPSs strata leader

25 October 2018

Dear

RE: Environmental Planning and Assessment Amendment (Identification of Buildings with


External Combustible Cladding) Regulation 2018 under the Environmental Planning and
Assessment Act 1979

The tragedy of the June 2017 Grenfell Tower fire in London has brought clear attention to the use and
danger of Aluminium Composite Panel (ACP) used on buildings in Australia.

We have been advised by Anthony Roberts MP, the NSW Minister for Planning, that government
regulators have been examining ways to identify the presence of non-compliant cladding. To mitigate the
associated risks to building and residents should fire break out, the above-mentioned Regulation has
been introduced.

From 22 October 2018, a Combustible Cladding Registration Regulation will commence, with schemes
requiring registration to be complete by 22 February 2019. Participation in this process is compulsory -
failure to comply with the Regulation can lead to fines, but more importantly, the process has been
implemented to ensure owners are aware of any potential risks to their property.

Many owners will not be aware if their building has cladding, let alone if non-compliant materials were
used, and records of specific materials are usually not available.

As your strata managing agent, bright & duggan will simplify this process for you to ensure your scheme
complies with the new Regulation. We will be undertaking a preliminary assessment of buildings under
our management. If your scheme is not subject to the new Regulation and therefore does not require
registration, you will be advised accordingly, and no further action will be required, unless you advise us
otherwise. We propose to have this initial review completed by mid-November 2018.

Should we believe further investigation is required, we will advise you accordingly of the process moving
forward.

Please do not hesitate to contact our office on 02 9902 7100 or via email at customercare©briqht-
duqqan.com.au should you require any further information or assistance in relation to this matter.

Yours sincerely

Chris Browne
National Customer Experience Manager

customercare@bdght-duggan.comau Local networt


br$ght.<iuggan.contau strata Crows Nest DesWhyj Rose Flay
Cronulta J SydneyO(ympt Park
P0 Box ZBtCrGws Nest NSW 1585
4GM 32 001 554 650 oth etworic
Southport I'+bpe Island I Brisbane
CLADDING DESKTOP CHECKLIST
1i
(EJ15j
STRATA PLAN: 15290

BUILDING NAME: 120 Shirley Road, WOLLSTONECRAFT 2065

1
Properties occupied prior to Next No
22nd October 2018

2
Is the Building of Commercial Record and no
nature eg, offices, shops, further action Next
restaurants, carpark, required.
warehouses, factories Notify
Committee &
SM.
3 Record and no
Is the building greater than further action
one level? Next required.
Brick Notify Committee
4 stories &SM.

4
Is the building of a public Next No
nature eg, Aged care, club
ect?

5
Building to be included in SM Next No
desktop review workflow

Answers are highlighted BOLD BLUE


- a
Picture from Google street view:
Al


Lic No: 237301C
ABN: 25 130 418 398/ACN 130 418 398
T: (02) 9502 2229 F: (02) 9591 9121
E: firesafety@oncallenergy.com.au
W: www.oncallenergy.com.au
A: PO BOX 30, Bexley NSW 2207

AFSS AUDIT REPORT


29th August 2022
Report No. 03630
Bright & Duggan
SP 15290 - 120 Shirley Rd, Wollstonecraft

Test
Item Variant Location result Comments

002 2FT LED 2FT LED Near uniits 4,5 Pass


Emergency Light Emergency
Light

004 2FT LED 2FT LED Lobby stairs Fail Light failed the 90 minute test.
Emergency Light Emergency basement level Replace light fitting.
Light

003 2FT LED 2FT LED Near uniits 1,2,3 Pass


Emergency Light Emergency
Light

001 2FT LED 2FT LED Near uniits 6, 7 Fail Light failed the 90 minute test.
Emergency Light Emergency Replace light fitting.
Light

Exit Sign LED Exit Sign Main Entrance to Pass


(normal) units

Exit Sign LED Exit Sign Basement near Pass


(normal) MSR

Fire door Common - MSR basement Pass


area level

Page 1 of 8
Lic No: 237301C
ABN: 25 130 418 398/ACN 130 418 398
T: (02) 9502 2229 F: (02) 9591 9121
E: firesafety@oncallenergy.com.au
W: www.oncallenergy.com.au
A: PO BOX 30, Bexley NSW 2207

Test
Item Variant Location result Comments

Fire door Common - Entry to storage Pass


area area basement
level

Fire Door Units - Unit 7 Pass Screen door installed, screwed into
frame Screen door opens all the way
to wall, no action required Roslyn
Payne 0412496067
No action required

Fire Door Units - Unit 3 Pass No Frame Tag, Frame is metal and
resembles other fire door frames
Dave 0426134880
no action required

Page 2 of 8
Lic No: 237301C
ABN: 25 130 418 398/ACN 130 418 398
T: (02) 9502 2229 F: (02) 9591 9121
E: firesafety@oncallenergy.com.au
W: www.oncallenergy.com.au
A: PO BOX 30, Bexley NSW 2207

Test
Item Variant Location result Comments

Fire Door Units - Unit 1 Pass Screen door installed, screwed into
frame opening towards wall. See
photos michaela Pecha 94381507..
Screen door opens all the way to
wall, no action required
No action required
No Frame Tag, Frame is metal and
resembles other fire door frames
no action required

Fire Door Units - Unit 6 Pass No Frame Tag, Frame is metal and
resembles other fire door frames,
been removed
no action required

Fire Door Units - Unit 2 Pass

Page 3 of 8
Lic No: 237301C
ABN: 25 130 418 398/ACN 130 418 398
T: (02) 9502 2229 F: (02) 9591 9121
E: firesafety@oncallenergy.com.au
W: www.oncallenergy.com.au
A: PO BOX 30, Bexley NSW 2207

Test
Item Variant Location result Comments

Fire Door Units - Unit 4 Fail frame tag is painted over


Remove paint from door tag & frame
tag, tag must be legible. Price is
subject to approval of whole quote
and work is scheduled in one
appointment
Hold open device installed. Valerie
mills 0406552788
Remove Magnetic door holder. Price
is subject to approvali of whole
quote and work is scheduled in one
appointment

Fire Door Units - Unit 5 Fail Frame tag removed. No action


required, no indication frame has
been replaced. From visual
inspection & comparison of others
deemed to satisfy
No action required
Remove door chain. Nicole
0411766260.
Remove chain and track and install
self tapping screws to cover hole to
maintain fire rating, Price is subject
to approval of whole quote and work
is scheduled in one appointment.

Fire Extinguisher 3.5 Kg CO2 Basement near Pass


MSR

Page 4 of 8
Lic No: 237301C
ABN: 25 130 418 398/ACN 130 418 398
T: (02) 9502 2229 F: (02) 9591 9121
E: firesafety@oncallenergy.com.au
W: www.oncallenergy.com.au
A: PO BOX 30, Bexley NSW 2207

Test
Item Variant Location result Comments

Fire Extinguisher 4.5kg ABE Near unit 5 Pass

Fire Extinguisher 4.5kg ABE Main Entrance to Pass


units

Smoke alarm 240v +9v Near uniits 1,2,3 Pass


Common area battery back
up

Smoke alarm 240v +9v Near uniits 6,7 Pass


Common area battery back
up

Smoke alarm 240v +9v Near uniits 4,5 Pass


Common area battery back
up

Smoke Alarm in 10 yrs Unit 2 upstairs Pass


Units Lithium- Ion
Battery Only
Smoke Alarm

Smoke Alarm in 240v & 9v Unit 1 hallway near Pass


Units battery back bedrooms
up

Smoke Alarm in 240v & 9v Unit 6 near kitchen Pass


Units battery back
up

Smoke Alarm in 240v & 9v Unit 3 hallway near Pass


Units battery back bedrooms
up

Smoke Alarm in 240v & 9v Unit 1 hallway near Pass


Units battery back entry
up

Page 5 of 8
Lic No: 237301C
ABN: 25 130 418 398/ACN 130 418 398
T: (02) 9502 2229 F: (02) 9591 9121
E: firesafety@oncallenergy.com.au
W: www.oncallenergy.com.au
A: PO BOX 30, Bexley NSW 2207

Test
Item Variant Location result Comments

Smoke Alarm in Battery only Unit 7 living area Fail 9 volt battery only smoke alarm non
Units 9v compliant
Supply and install new installation
smoke alarm 240v + 9v backup

Smoke Alarm in Battery only Unit 4 hallway near Fail 9volt battery only smoke alarm-not
Units 9v bedrooms compliant
Supply and install new installation of
240v with 9v battery backup.
Check smoke alarm location, wall
mounted alarm

Smoke Alarm in Battery only Unit 2 downstairs Pass


Units 9v near entry

Smoke Alarm in Battery only Unit 4 hallway near Fail Incorrect location due to being too
Units 9v entry close to walls
9v battery only smoke alarm
Supply and install new installation of
240v with 9v battery backup

Smoke Alarm in Battery only Unit 2 downstairs Pass


Units 9v living area

Page 6 of 8
Lic No: 237301C
ABN: 25 130 418 398/ACN 130 418 398
T: (02) 9502 2229 F: (02) 9591 9121
E: firesafety@oncallenergy.com.au
W: www.oncallenergy.com.au
A: PO BOX 30, Bexley NSW 2207

Test
Item Variant Location result Comments

Smoke Alarm in Battery only Unit 5 hallway near Fail Smoke Alarm is past the
Units 9v entry Manufacturers Replacement date.
Smoke Alarm is required to be
replaced. Nicole 0411766260.
Supply & Install New installation of
240v with 9v backup Smoke Alarm
9 volt battery only smoke alarm

Smoke Alarm in Battery only Unit 6 hallway near Fail 9 volt battery smoke alarm installed,
Units 9v entry non compliant
Supply and install new installation of
240v with 9v smoke alarm

Smoke Alarm in Battery only Unit 6 hallway near Fail 9 volt battery only smoke alarm
Units 9v bedrooms installed, non compliant
0481293048
Supply and install new installation of
240v with 9v backup smoke alarm

Smoke Alarm in Battery only Unit 7 hallway near Fail Smoke Alarm is past the
Units 9v entry Manufacturers Replacement date.
Smoke Alarm is required to be
replaced. Ros 0412496067
Supply & Install New installation
Smoke Alarm-240v+9v backup
9volt battery only smoke alarm

Smoke Alarm in Battery only Unit 5 near Fail 9 volt battery only smoke alarm
Units 9v bedrooms Smoke Alarm is past the
Manufacturers Replacement date.
Smoke Alarm is required to be
replaced.
Supply & Install New installation
240v Smoke Alarm with 9v backup

Page 7 of 8
Lic No: 237301C
ABN: 25 130 418 398/ACN 130 418 398
T: (02) 9502 2229 F: (02) 9591 9121
E: firesafety@oncallenergy.com.au
W: www.oncallenergy.com.au
A: PO BOX 30, Bexley NSW 2207

Test
Item Variant Location result Comments

Solid Core Door - Entry to basement Pass


Common Area carpark

Sincerely,

Michael Halloran

OnCall Energy Solutions Pty Ltd

Page 8 of 8
bright & duggan
australia's strata leader

Minutes of Annual General Meeting


Strata Plan 15290
Address 120 Shirley Road
WOLLSTONECRAFT NSW 2065
Meeting Date 16 November 2021
Time 6:00 PM
Venue In the garage
Address At The Building

Present Andrew Buchanan & Bryony Feltham Lot 2


Nicole Siddique Lot 5
Roslyn Payne Lot 7
By proxy Ben Worral Lot 4 to Aoife Gannon
Chairperson Chris Sibraa as elected
Quorum achieved Yes, 25% or more of lot owners in attendance

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ABW 32001 554 650 Southport j Hope Island I Brisbane
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Tenant Attendance IParticipation Motions


Tenants Attendance at the Meeting
Resolved
That the owners corporation, in accordance with section 21(3) of schedule 1, resolves,
for the purpose of this meeting, that tenants (other than those tenants who hold a duly
authorised proxy) are not entitled to be present when the following matters are being
discussed or determined:
i. Financial statements and audit reports;
U. Levying of contributions;
hi. Recovery of unpaid contributions;
iv. A strata renewal proposal; or
V. Any other financial matters.

Tenants Participation at the Meeting


Resolved
That the owners corporation, in accordance with section 21(2) of schedule 1, resolves
that the tenants are not entitled to, either generally or in a particular case, to address
the meeting.

Reference to the Act is reference to the Strata Schemes Management Act 2015
(NSW) & Regulations and reference to a section is reference to a section in that
Act, unless otherwise stated.

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Motions
1. Minutes
Resolved
That the minutes of the last general meeting of the owners corporation held 16
November 2020 be adopted as a true and accurate record of the proceedings of that
meeting.

2. Financial Statements
Resolved
That the attached unaudited statements of key financial information for the financial
year ending on 31 August 2021 for the administrative fund, the capital works fund and
any other fund held by the owners corporation, be adopted. Note that the strata
manager will correct some incorrect line items.

3. Financial Audit
Defeated
That the financial statements be audited for the financial year ending on 31 August
2022.

4. Administrative & Capital Works Funds Estimates


Resolved
That the owners corporation, in accordance with sections 79 and 81, estimates that for
the financial year period from 1 September 2021 to 31 August 2022 it will need to credit
to its administrative fund and capital works fund the amounts set out in the budget,
attached to the notice of this meeting, and determines that the following amounts to be
levied as a contribution to raise the amounts estimated to be credited to:

Administrative Fund: $28,000.00(GST inclusive)

Capital Works Fund: $17,000.00(GST inclusive)

Note; the owners corporation present at this meeting agreed to increase the capital
works account for this financial year by $5000.00.

5. Levy Contributions
Resolved
That the owners corporation, in accordance with section 81(5), determines that the
contributions are to be payable in regular periodic instalments, due on and specified as
follows:
Administrative Fund:

Date Amount Notes


1 November 2021 $7000.00 already levied
1 February 2022 $7000.00
1 May 2022 $7000.00
1 August 2022 $7000.00
1 November 2022 $7000.00 continuing basis

© Bright & Duggan Pty Ltd - Minutes of Annual General Meeting: 16 November 2021
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Capital Works Fund:

Date Amount Notes


1 November 2021 $3000.00 already levied
1 February 2022 $4250.00
1 May 2022 $4250.00
1 August 2022 $4250.00
1 November 2022 $4250.00 continuing basis

6. Levy Collection
Resolved
That the owners corporation, in accordance with the provisions of the Strata Schemes
Management Act 2015 (NSW), including section 103, resolves, for the purpose of
collecting levy contributions, to authorise the managing agent and/or the strata
committee to do any one or more of the following:
a. to issue arrears notices, reminder notices and/or letters to seek recovery of levy
contributions and the recovery of other debts, including penalties, interest, legal
and other costs/expenses, and arrange and monitor payment plans;
b. to 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;
c. to 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 levy
contributions and the recovery of other debts, including penalties, interest, legal
and other costs/expenses;
d. enter and enforce any judgment obtained in the collection of levy 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 bankruptcy proceedings or winding
up proceedings;
e. filing an appeal or defending an appeal against any judgment concerning the
collection of levy contributions; and
f. liaise, instruct and prepare all matters with the owners corporation's debt
collection agents, lawyers and experts in relation to any levy recovery
proceedings.

7. Payment Plans
Defeated
That the owners corporation resolves to agree to enter into payment plans generally for
the matters involving arrears of unpaid levy contributions or other amounts, including
interest, legal and other costs/expenses thereon, and to delegate to the managing agent
and/or the strata committee the 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 strata committee or owners
corporation by resolution.

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8. Insurance - Certificate of Currency


Resolved
That the current insurances of the owners corporation, as detailed in the certificate of
currency, attached to the notice of this meeting, expiring on 31 August 2022, be
confirmed.

9. Insurance - Valuation
Defeated
That the owners corporation resolves to carry out a building valuation for insurance
purposes, noting the previous valuation from A G Thomas Valuers was prepared on 20
November 2019, and the managing agent authorised to adjust the sum insured in
accordance with a new valuation.

10. Insurance - Renewal


Resolved
That the owners corporation resolves to make arrangements in respect of insurances:

a. in accordance with section 165, delegate to the strata committee to consider


whether to vary or extend any insurances;
b. in accordance with section 166, not less than 3 quotations for insurance renewal
be obtained, unless written reasoning is presented to the owners corporation as
to why less than 3 quotations were provided; and
c. delegate to the managing agent any functions pursuant to the strata
management agency agreement (additional services schedule where applicable)
to undertake any of the above.

11. Statement of Commissions and Training Services


Resolved
That the owners corporation acknowledges the statement provided below by the
managing agent for commissions and training services received in the last 12 months,
and an estimate of commissions and training services likely to be received in the next 12
months.
Commissions
$1302.35+GST in commissions received from CHU in the last 12 months.
$1302.35+GST in commissions is expected to be received from CHU in the next 12
months.
Training
Bright and Duggan do not charge any of their owners corporations for staff training
required under legislation.

12. Capital Works Fund Plan - Review


Resolved
That the owners corporation, in accordance with section 80(7) review the existing 10-
year capital works fund plan, prepared by QIA, dated 30 September 2009, and
implement it as part of the approved budget for the financial year ending on 31 August
2022.

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13. Capital Works Fund Plan - Revise or Replace


Defeated
That the owners corporation, in accordance with section 80(3), resolves to revise or
replace the 10-year capital works fund plan for commencement from 16 November 2021
and:

a. obtain quotations from suitably qualified consultants to prepare a 5-year review


or a 10-year replacement of the capital works fund plan;
b. delegate to the strata committee to consider the quotations and engage a
consultant;
c. delegate to the strata committee to appoint a liaison to meet with the consultant;
and
d. delegate to the strata committee authority to instruct the managing agent any
functions, pursuant to the strata management agency agreement (additional
services schedule), to undertake any of the above.

14. Annual Fire Safety Statement - Acknowledgement


Resolved
That the owners corporation acknowledges the annual fire safety statement from On call
Fire.

15. Annual Fire Safety Statement - Next Statement


Resolved
That the owners corporation resolves to make arrangements for obtaining the next
annual fire safety statement as follows:
a. engage a suitably competent fire safety practitioner to assess each essential fire
safety measure specified in the statement and submit a corrective actions report;
b. delegate to the strata committee to determine and resolve the corrective actions
(if any), engage suitably qualified contractor to complete any works and to
prepare and sign the statement;
c. lodge the statement with the local Council and Fire Commissioner; and
d. instruct the managing agent pursuant to the strata management agency
agreement (additional services schedule where applicable) to undertake any of
the above.

16. Annual Fire Safety Statement - Sign Oft


Resolved
That the owners corporation resolves to instruct the managing agent, acting in the
capacity as agent for the owners corporation, to sign the annual fire safety statement
based on the certification provided by a competent fire safety practitioner engaged by
the owners corporation.

17. Restricted Matters


Resolved
That the owners corporation, in accordance with section 36, determines that no
additional matter or type of matter is to be determined only by way of a general meeting
of the owners corporation.

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18. Election of the Strata Committee


Resolved
That the owners corporation resolves to elect the strata committee as follows:

a. the chairperson is to announce the names of candidates nominated in writing and


eligible for election to the strata committee;
b. the chairperson is to call for any oral nominations of candidates eligible for
election to the strata committee; and
c. the owners corporation to determine the number of strata committee members
be 4 and elect the members.

Andrew Buchanan Lot 2 nominated by Roslyn Payne; Nicole Siddique Lot S nominated by
Andrew Buchanan; Roslyn Payne Lot 7 nominated by Nicole Siddique; Aoife Gannon Lot
4 nominated by Ben Worrall.

19. Authorise Owner Lot 4 Renovations - Special Resolution


Resolved
That he Owners Corporation Strata Plan No. 15290 SPECIALLY RESOLVES pursuant to
sections 108 and 143 of the Strata Schemes Management Act 2015 ("Act") to:

1. Authorise the Owner of Lot 4 to add to, alter and erect new structures on the common
property by carrying out of the Works (as that term is defined in the Special By-Law set
out below), subject to the terms and conditions of the Special By-Law set out below; and

2. Grant the Owner of Lot 4 the exclusive use of the Exclusive Use Area (as that term is
defined in the Special By-Law set out below),

subject to the terms and conditions of the Special By-Law set out below, and to make a
by-law on the terms and conditions of the Special By-Law set out below, and that
notification of this change to the by-laws be lodged for registration in accordance with
section 141 of the Act at the Registrar-General's Office:

Required by Benjamin Worrall, the owner of lot 4.

Explanatory Note: this is a motion for a proposed by-law for renovation works to lot 4 as
set out below.

20. Create Special By-law 4 - Alterations to Common Property


Resolved
That the Owners Corporation strata plan 15290 authorise the owner of Lot 4 to add to,
alter and erect new structures on the common property and exclusive use and create a
relevant Special By-law.

PART 1

DEFINITIONS & INTERPRETATION

1.1 In this by-law:

a. Authority means any relevant government, semi government, statutory, public or


other authority having any jurisdiction over the Lot.

b. Building Alteration Plan means section 19 of the Strata Schemes Development Act
2015.

© Bright & Duggan Pty Ltd - Minutes of Annual General Meeting: 16 November 2021
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c. Insurance means:
I. contractors all risk insurance with an authorised insurer (incorporating cover against
public risk in respect of claims for death, injury, accident and damage occurring in the
course of or by reason of the Works to a minimum of $10,000,000);

U. insurance required under the Home Building Act 1989, which if permissible by the
insurer must note the Owners Corporation as an interested party; and

iii. workers compensation insurance as required by law.

d. Lot means lot 4 in strata scheme 15290.

e. Owner means the owner of the Lot from time to time.

f. Owners Corporation means the owners corporation created by the registration of


strata plan registration no.15290.

g. Works means the works set out in the scope of works annexed to this by-law.

h. Exclusive Use Area means the common property areas reasonably required to keep
the Works.

1.2 In this by-law a word which denotes:

a. the singular includes plural and vice versa;

b. any gender includes the other genders;

c. any terms in the by-law will have the same meaning as those defined in the Strata
Schemes Management Act 2015; and

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

PART 2

GRANT OF RIGHT
2.1 The Owner is authorised to add to, alter and erect new structures on the common
property to carry out the Works.

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

PART 3

CONDITIONS

PART 3.1

Before commencement

3.1 Before commencement of the Works the Owner must:

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

b. effect and maintain Insurance for the duration of the Works being carried out, and
provide a copy to the Owners Corporation;

c. ensure that this by-law is registered in accordance with section 141 of the Strata
Schemes Management Act 2015 at the Registrar-General's Office;

9 Bright & Duggan Pty Ltd - Minutes of Annual General Meeting: 16 November 2021
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austtalits strata leader
d. if required, provide the Owners Corporation with a report from a suitably qualified acoustic expert
in regards to the acoustic adequacy of the proposed flooring and treatment to the flooring;

PART 3.2

During construction

3.2 Whilst the Works are in progress the Owner must:

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

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

c. use reasonable endeavours to cause as little disruption as possible;

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

e. perform the Works within a period of 3 months from their commencement or such
other period as reasonably approved by the Owners Corporation;

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

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

h. keep all affected areas of the common property outside the Lot clean and tidy, and
removing all debris;

i. where any work undertaken includes waterproofing then the Owner must ensure that
at their cost:

i. the waterproofing is carried out in satisfaction of prevailing Australian waterproofing


standards by a duly qualified and reputable applicator whose credentials have been
approved by the Owners Corporation as a preferred contractor prior to the waterproofing
commencing; and

U. that they produce to the owners corporation on completion of waterproofing, or within


14 days of being requested to do so, a 5 year warranty of fitness of materials and
workmanship comprising the waterproofing from the applicator and to the satisfaction of
the strata committee.

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

k. not vary the Works without first obtaining the consent in writing from the Owners
Corporation.

PART 3.3

After construction

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

a. notify the Owners Corporation that the Works have been completed;

© Bright & Duggan Pty Ltd - Minutes of Annual General Meeting: 16 November 2021
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australia's strata leader
b. notify the Owners Corporation that all damage, if any, to lot and common property
caused by the Works and not permitted by this by-law have been rectified;

c. provide the Owners Corporation with a copy of any certificate or certification required
by an Authority to certify the Works;

d. if required, provide the Owners Corporation with a report from a suitably qualified
acoustic expert in regards to the acoustic adequacy of the installed flooring and
treatment to the flooring;

e. comply with any requirement to lodge a Building Alteration Plan; and

f. if required, provide the Owners Corporation with certification from a suitably qualified
engineer(s) approved by the Owners Corporation that the Works have been completed in
accordance with the terms of this by-law.

PART 3.4

Enduring rights and obligations

3.4 The Owner:

a. is responsible for the ongoing maintenance of the alterations of, additions to and new
structures erected on the common property resulting from the Works;

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

c. must renew or replace the Works when necessary or when reasonably required by the
Owners Corporation;

d. remains liable for any damage to lot or common property arising out of the Works;

e. must make good any damage to lot or common property arising out of the Works; and

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

SCOPE OF WORKS

Bathroom

Remove, replace and install new vanity, mirror and sink

Remove existing floor and install new floor tiles

Installation of new waterproofing membrane

Remove, replace and install new tap ware and towel rails

CONSENT TO COMMON PROPERTY RIGHTS BY-LAW

Section 108 and 143 of the Strata Schemes Management Act 2015

To:

The Secretary
The Owners - Strata Plan No. 15290
Cl- Bright & Duggan

© Bright & Duggan Pty Ltd - Minutes of Annual General Meeting: 16 November 2021
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australia's strata leader
Level 1, 37 - 43 Alexander Street
Crows Nest NSW 2065
Australia

AND

The Registrar-General
Queens Square
SYDNEY

I, Benjamin Worrall, being the owner of Lot No.4 in Strata Plan No. 15290, HEREBY CONSENT to the
making of the common property rights by-law in respect of Lot No. 4 to be considered at the general
meeting immediately following the date of this consent.

Signature of Owner

Date

21. Voting Methods


Resolved
That the owners corporation, in accordance with regulation 14, resolves to adopt other
voting methods by means of (teleconference, video-conference, email, pre-meeting
voting, other means) while participating in a meeting from a remote location.

There being no further business the meeting closed at 7.00pm

Bright & Duggan Pty Ltd


Managing Agents for Strata Plan 15290

© Bright & Duggan Pty Ltd - Minutes of Annual General Meeting: 16 November 2021
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austratla's strata leader

Minutes of Strata Committee Meeting

Strata Plan 15290


Address 120 Shirley Road
WOLLSTONECR.AFT P15W 2065
Meeting Date 16 November 2021
Time Immediately following the AGM
Venue In the garage
Address At The Building

Present Andrew Buchanan


Aoife Gannon
Nicole Siddique
Roselyn Payne
In attendance Chris Sibraa, Bright & Duggan
Bryony Feltham

Motions
1. Election of the Chairperson
Resolved

That the strata committee, in accordance with clause 8(2) of schedule 2 of the Strata
Schemes Management Act 2015 (NSW), elects Chris Sibraa as chairperson to preside at
this meeting.

2. Minutes
Resolved

That the minutes of the last strata committee meeting held on 16 November 2020 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 as

Chairperson; Andrew Buchanan

Secretary; Nicole Siddique

Treasurer; Roslyn Payne

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4. Appoint Contact and Substitute Contact

Resolved

That the strata committee resolves to appoint Roslyn Payne as a member of the strata
committee to liaise with the strata manager and be the strata manager's primary point of
contact.

5. Voting Methods
Resolved

That the strata committee, in accordance with regulation 14, resolves to adopt other voting
methods by means of (teleconference, video-conference, email, pre-meeting voting, other
means) while participating in a meeting from a remote location.

6. Other Business
Resolved

That the strata committee discuss any further items of business that attendees wish to
raise at the meeting and resolve how those will be dealt with;

• The committee instructed the manager obtain Council Recycling Notices for the
buildings bin room and issued a notice to all residents about the need to recycle
correctly
• Plumber To U inspected the water running at the front of the building and
determined it was the sprinkler system in apartment 1
• The committee instructed the manager to have the water hammer/noise in Lot 7
investigated
• Renovations to the front façade of the building are getting closer to being
financed between the committee and Direct Building Services.

There being no further business the meeting closed at 720pm


Bright & Duggan Pty Ltd
Managing Agents for Strata Plan 15290

© Bright & Duggan Pty Ltd - Minutes of Strata Committee Meeting: 16 November 2021
Minutes of Annual General Meeting
Strata Plan 15290
Address 120 Shirley Road
WOLLSTONECRAFT NSW 2065
Meeting Date 16 November 2020
Time 6:00 PM
Venue Unit 4
Address 120 Shirley Road, WOLLSTONECRAFT NSW

Present Andrew Buchanan & Bryony Feltham - Lot 2


Valerie Mills - Lot 4
Nicole Siddique - Lot 5
Roslyn Payne - Lot 7
By proxy Julius Auffermann - Lot 1 to Michaela Pecha
In attendance Chris Sibraa, Bright & Duggan
Chairperson Chris Sibraa as elected
Quorum achieved Yes, 25% or more of lot owners in attendance
Tenant Attendance IParticipation Motions
Tenants Attendance at the Meeting
Resolved that
That the owners corporation, in accordance with section 21(3) of schedule 1, resolves,
for the purpose of this meeting, that tenants (other than those tenants who hold a duly
authorised proxy) are not entitled to be present when the following matters are being
discussed or determined:

i. Financial statements and audit reports;


U. Levying of contributions;
iii. Recovery of unpaid contributions;
iv. A strata renewal proposal; or
V. Any other financial matters.

Reference to the Act is reference to the Strata Schemes Management Act 2015
(NSW) & Regulations and reference to a section is reference to a section in that
Act, unless otherwise stated.

© Bright & Duggan Pty Ltd - Minutes of Annual General Meeting on 16 November 2020
Motions
1. Minutes
Resolved
That the minutes of the last general meeting of the owners corporation held on 25
October 2019 be adopted as a true and accurate record of the proceedings of that
meeting.

2. Financial Statements
Resolved
That the attached unaudited statements of key financial information for the financial
year ending on 31 August 2020 for the administrative fund, the capital works fund and
any other fund held by the owners corporation, be adopted.

3. Financial Audit
Defeated
That the financial statements be audited for the financial year ending on 31 August
2021.

4. Administrative & Capital Works Funds Estimates


Resolved
That the owners corporation, in accordance with sections 79 and 81, estimates that for
the financial year period from 1 September 2020 to 31 August 2021 it will need to credit
to its administrative fund and capital works fund the amounts set out in the budget,
attached to the notice of this meeting, and determines that the following amounts to be
levied as a contribution to raise the amounts estimated to be credited to:

Administrative Fund: $38,000.00(GST inclusive)

Capital Works Fund: $2,000.00(GST inclusive)

NOTE: the strata manager for this financial year only is seeking to increase the
administration fund by $10,000.00 and reduce the capital works account by $10,000.00
to cover increase running costs for the building, whilst not increasing the strata levies
overall. This will need to be approved at this meeting by the owners corporation.

5. Levy Contributions
Resolved
That the owners corporation, in accordance with section 81(5), determines that the
contributions are to be payable in regular periodic instalments, due on and specified as
follows:

Administrative Fund:

Date Amount Notes


1 November 2020 $7000.00 already levied
1 February 2021 $9500.00
1 May 2021 $9500.00
1 August 2021 $9500.00

© Bright & Duggan Pty Ltd - Minutes of Annual General Meeting: 16 November 2020
aa -

1 November 2021 I $9500.00 1 continuing basis

Capital Works Fund:

Date Amount Notes


1 November 2020 $3000.00 already levied

1 February 2021 $500.00


1 May 2021 $500.00
1 August 2021 $500.00
1. November 2021 $500.00 continuing basis

6. Levy Collection
Resolved
That the owners corporation, in accordance with the provisions of the Strata Schemes
Management Act 2015 (NSW), including section 103, resolves, for the purpose of
collecting levy contributions, to authorise the managing agent and/or the strata
committee to do any one or more of the following:

a. to issue arrears notices, reminder notices and/or letters to seek recovery of levy
contributions and the recovery of other debts, including penalties, interest, legal
and other costs/expenses, and arrange and monitor payment plans;
b. to 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;
c. to 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 levy
contributions and the recovery of other debts, including penalties, interest, legal
and other costs/expenses;
d. enter and enforce any judgment obtained in the collection of levy 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 bankruptcy proceedings or winding
up proceedings;
e. filing an appeal or defending an appeal against any judgment concerning the
collection of levy contributions; and
f. liaise, instruct and prepare all matters with the owners corporation's debt
collection agents, lawyers and experts in relation to any levy recovery
proceedings.

7. Payment Plans
Defeated
That the owners corporation resolves to agree to enter into payment plans generally for
the matters involving arrears of unpaid levy contributions or other amounts, including
interest, legal and other costs/expenses thereon, and to delegate to the managing agent
and/or the strata committee the 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 strata committee or owners
corporation by resolution.

8. Insurance - Certificate of Currency

© Bright & Duggan Pty Ltd - Minutes of Annual General Meeting: 16 November 2020
Resolved
That the current insurances of the owners corporation, as detailed in the certificate of
currency issued by CHU attached to the notice of this meeting, expiring on 31 August
2021, be confirmed.

9. Insurance - Valuation
Defeated
That the owners corporation resolves to carry out a building valuation for insurance
purposes, noting the previous valuation from A G Thomas Valuers was prepared on 20
November 2019, and the managing agent authorised to adjust the sum insured in
accordance with a new valuation.

10. Insurance - Renewal


Resolved
That the owners corporation resolves to make arrangements in respect of insurances:

a. in accordance with section 165, delegate to the strata committee to consider


whether to vary or extend any insurances;
b. in accordance with section 166, not less than 3 quotations for insurance renewal
be obtained, unless written reasoning is presented to the owners corporation as
to why less than 3 quotations were provided; and
c. delegate to the managing agent any functions pursuant to the strata
management agency agreement (additional services schedule where applicable)
to undertake any of the above.

11. Statement of Commissions and Training Services


Choose an item.
That the owners corporation acknowledges the statement provided below by the
managing agent for commissions and training services received in the last 12 months.

Commissions
$825.00 + GST in commissions received from CHIJ in the last 12 months.

Training

Bright and Duggan do not charge any of their owners corporations for staff training
required under legislation.

12. Capital Works Fund Plan - Review


Resolved
That the owners corporation, in accordance with section 80(7), delegates to the strata
committee to review the existing 10-year capital works fund plan, prepared by QIA,
dated 30 September 2009, and implement it as part of the approved budget for the
financial year ending on 31 August 2021.

13. Capital Works Fund Plan - Revise or Replace


Defeated
That the owners corporation in accordance with section 80(3) resolves to revise or
replace the 10-year capital works fund plan for commencement from 16 November
2020, and:

a. obtain quotations from suitably qualified consultants to prepare a 5-year review


or a 10-year replacement of the capital works fund plan;

© Bright & Duggan Pty Ltd - Minutes of Annual General Meeting: 16 November 2020
b. delegate to the strata committee to consider the quotations and engage a
consultant;
c. delegate to the strata committee to appoint a liaison to meet with the consultant;
and
d. delegate to the strata committee authority to instruct the managing agent any
functions, pursuant to the strata management agency agreement (additional
services schedule), to undertake any of the above.

14. Annual Fire Safety Statement - Acknowledgement


Resolved
That the owners corporation acknowledges the annual fire safety statement dated
October 2019.

15. Annual Fire Safety Statement - Next Statement


Resolved
That the owners corporation resolves to make arrangements for obtaining the next
annual fire safety statement as follows:

a. engage a suitably competent fire safety practitioner to assess each essential fire
safety measure specified in the statement and submit a corrective actions report;
b. delegate to the strata committee to determine and resolve the corrective actions
(if any), engage suitably qualified contractor to complete any works and to
prepare and sign the statement;
c. lodge the statement with the local Council and Fire Commissioner; and
d. delegate to the managing agent any functions pursuant to the strata
management agency agreement (additional services schedule where applicable)
to undertake any of the above.

16. Annual Fire Safety Statement - Sign Off


Resolved
That the owners corporation resolves to instruct the managing agent to sign the annual
fire safety statement under delegated authority and based on the certification provided
by a competent fire safety practitioner engaged by the owners corporation.

17. Restricted Matters


Resolved
That the owners corporation, in accordance with section 36, determines that no
additional matter or type of matter is to be determined only by way of a general meeting
of the owners corporation.

18. Election of the Strata Committee


Choose an item.
That the owners corporation resolves to elect the strata committee as follows:

a. the chairperson is to announce the names of candidates nominated in writing and


eligible for election to the strata committee;
b. the chairperson is to call for any oral nominations of candidates eligible for
election to the strata committee; and
c. the owners corporation to determine the number of strata committee members
and elect the members.

Name are: Andrew Buchanan Lot 2; Nicole Siddique Lot 5. Roslyn Payne Lot 7

© Bright & Duggan Pty Ltd - Minutes of Annual General Meeting: 16 November 2020
.- -

19. Renewal of the Strata Management Agency Agreement


Choose an item.
That the owners corporation resolves

a. to renew the strata management agency agreement with Bright & Duggan Pty Ltd
as its managing agent, for a period of 36 months, and delegates functions to it on
the terms and conditions as set out in the agreement attached to the notice of
this meeting; and
b. to nominate and authorise 2 owners or members of the strata committee to
execute and affix the common seal to the agreement; and
c. that the strata management fee be $3800.00 per annum (GST inclusive),
commencing on 16 November 2020.

20. Voting Methods


Resolved
That the owners corporation, in accordance with regulation 14, resolves to adopt other
voting methods by means of (teleconference, video-conference, email, pre-meeting
voting, other means) while participating in a meeting from a remote location.

21. Renovations Unit 6 - Special By-Law No. 3 - Retrospective - Motions


not included in AGM 2017

Resolved
That The Owners - Strata Plan No. 15290 SPECIALLY RESOLVES pursuant to
sections 65A and 52 of the Strata Schemes Management Act 1996 ("the Act") to make
a by-law on the following terms and that notification of this change to the by-laws be
lodged for registration in accordance with section 48 of the Act at the Registrar-General's
Office: Special Privilege and Exclusive Use By-Law for Lot 6

Part 1
Definitions and Interpretation
1.1 In this by-law:
(a) "Act" means the strata Schemes Management Act 1996.
(b) "Council" means the local council within whose boundaries the Owners Corporation
is located and, where relevant, includes a private certifying authority if the private
certifying authority is able to consent to the Works.
(c) "Exclusive Use Area" means the common property areas reasonably required to
keep the works.
(d) "Insurance" means:
(i) contractors' all risk insurance with an authorised insurer (incorporating cover
against public risk in respect of claims for death, injury, accident and damage
occurring in the course of or by reason of the Works to a minimum of
$10,000,000), to which the Owner is a named party;
(U) insurance required under the Home Building Act 1989, if required; and
(iii) workers' compensation insurance, if required.
(e) "Lot" means lot 6 in Strata Plan No. 15290.
(f) "Owner" means the owner of the Lot from time to time.
(g) "Owners Corporation" means the owners corporation created by the registration
of strata plan registration no. 15290.
(h) "Works" means:
(i) the removal of a section of an internal load bearing brick wall to create a door
opening between the kitchen and dining area of the Lot to around 1.67 metres;
and
(ii) the installation of a new structural support beam to provide support to the lot
above;

© Bright & Duggan Pty Ltd - Minutes of Annual General Meeting: 16 November 2020
in accordance with the scope of works outlined, the structural engineer reported
that the wall openings did not require any further structural reinforcing as per the
attached email to this agenda, attached to this by-law

1.2 In this by-law:


unless the context otherwise requires, a word which denotes:
(a) the singular includes the plural and vice versa;
(b) any gender includes the other gender;
(c) any terms in the by-law will have the same meaning as those defined in the Strata
Schemes Management Act 1996 (NSW); and
(d) references to legislation includes references to amending and replacing legislation.

Part 2
Grant of Rights
2.1 Subject to the Owner's compliance with the conditions referred to in Part 3 of this
bylaw, the Owner is:
(a) authorised by the Owners Corporation pursuant to section 65A of the Act to add to,
alter and erect new structures on the common property to carry out the Works;
(b) granted the special privilege to undertake the Works and to keep the Works in the
Exclusive Use Area; and
(c) has exclusive use of the Exclusive Use Area.

Part 3
Conditions
Prior to commencement of the Works
3.1 Prior to commencement of the Works, the Owner must:
(a) if Council consent is required, provide evidence to the Owners Corporation that the
required consent from Council has been obtained;
(b) provide a report from a duly qualified engineer certifying that the Works will not
affect the structural adequacy of the fabric of the building nor its capacity to carry the
existing and any future expected loadings on the building (as per the email attached to
this notice) is attached to this by-law providing such certification);
(c) effect and maintain Insurance; and
(d) obtain the Owners Corporation's written approval.
Performance of the Works
3.2 In undertaking the Works, the Owner must:
(a) cause to be effected and maintained the Insurance for the duration of the Works;
(b) use duly licensed employees, contractors or agents to conduct the Works;
(c) ensure that the Works are carried out in a proper and workmanlike manner;
(d) comply with all directions, orders and requirements of all relevant statutory
authorities and must ensure and be responsible for compliance with such directions,
orders and requirements by the Owner's servants, agents and contractors;
(e) use best quality and appropriate materials, in a proper and workmanlike manner;
(f) ensure that the Works comply with the current Building Code of Australia, all
pertinent Australian Standards and the law;
(g) not allow the obstruction of reasonable use of the common property areas of the
strata scheme in the course of the Works by building materials, tools, machines,
debris or motor vehicles;
(h) ensure the Works do not create any excessive noise that is likely to interfere with
the peaceful enjoyment of the occupier of another lot or of any person lawfully using
the common property apart from during times involving demolition,
(i) comply with any reasonable requirement of the Owners Corporation concerning the
means of entering and leaving the building for tradesmen, building materials, tools
and debris;
(J) protect all affected areas of the building outside the Works from damage relating to
the Works or the transportation of construction materials, equipment and debris;
(k) ensure that the Works do not interfere with or damage the common property or the

© Bright & Duggan Pty Ltd - Minutes of Annual General Meeting: 16 November 2020
A.

property of any other lot owner, other than as approved in this by-law and if this
happens, the Owner must rectify that interference or damage within a reasonable
period of time and at its own cost;
(I) not vary the Works without first obtaining the consent in writing from the Owners
Corporation;
(m) perform the Works within a period of 3 months from their commencement or such
other period as reasonably approved by the Owners Corporation;
(n) ensure that the Works are only carried out between the hours of 8.00am - 4.30pm
on Monday - Friday and are not performed on weekends or public holidays;
(o) make sure that percussion tools and noisy equipment such as jack hammers are
only used between 10.00am - 3.00pm and that 24 hours' notice is given to the
occupiers of the other units throughout the building before the use of any such tools
and equipment;
(p) give the Owners Corporation's nominated representative(s) access to inspect the
Works within 48 hours of any request from the Owners Corporation;
(q) ensure that no tradesperson's vehicles obstruct the common property other than on
a temporary and non-recurring basis when delivering or removing materials or
equipment and then only for such time as is reasonably necessary;
(r) ensure that any debris is removed from the building daily and strictly in accordance
with the reasonable directions of the Owners Corporation;
(s) clean any part of the common property affected by the Works on a daily basis and
keep all of those parts of the common property clean, neat and tidy during the
Works;
(t) make sure that no building materials are stored on the common property;
(u) protect all areas of the building outside of the Lot which are affected by the Works
from damage, dirt, dust and debris relating to the Works and ensure that all parts of
the common property, especially the walls, floors and carpets, are protected by
covers and mats when transporting construction materials, equipment and debris
through the building; and
(v) comply with all statutes, by-laws, regulations, rules and other laws for the time being
in force and which are applicable to the Works.
3.3 After the Works have been completed, the Owner must without unreasonable delay:
(a) notify the Owners Corporation that the Works have been completed;
(b) notify the Owners Corporation that all damage, if any, to lot and common property
caused by the Works and not permitted by this by-law have been rectified;
(c) provide the Owners Corporation with a copy of any certificate or certification
required by Council to certify the Works;
(d) if required, provide the Owners Corporation with certification from a suitably qualified
engineer(s) approved by the Owners Corporation that the works required to rectify
any damage to lot or common property have been completed in accordance with the
terms of this by-law; and
(e) provide the Owners Corporation's nominated representative(s) access to inspect the
Works within 48 hours of any request from the Owners Corporation to ascertain
compliance with this by-law (the Owners Corporation's right to inspect the Works will
expire once it is reasonably satisfied that the conditions of this by-law have been
complied with).
Enduring Rights and Obligations
3.4 The Owner:
(a) is responsible for the cost of the Works and any future replacement, renewal, repair,
maintenance and removal of the Works;
(b) is responsible for the ongoing maintenance of the alterations of, additions to and
new structures erected on the common property resulting from the Works;
(c) is responsible for the proper maintenance of, and keeping in a state of good and
serviceable repair, the Exclusive Use Area and the Works;
(d) must promptly repair any damage to the common property caused by their
agents or contractors in the course of undertaking the Works and will bear all costs
associated with same;

© Bright & Duggan Pty Ltd - Minutes of Annual General Meeting: 16 November 2020
-

(e) must at the Owners own cost repair any damage to the property of the owner or
occupier of another lot occurring in the course of undertaking the Works;
(f) to the extent permitted by law, the Owner indemnifies the Owners Corporation
against any legal liability, loss, claim or proceedings in respect of any injury, loss or
damage whatsoever to the common property, or other property, or person insofar as
such injury, loss or damage arises out of, or in the course of, or by reason of the
performance of the Works, the renewal, repair or replacement of the Works or the
keeping of the Works; and
(g) to the extent permitted by law, must keep the Owners Corporation indemnified
against any sum payable by the Owners Corporation by way of increased premiums
for effecting and maintaining building damage insurance and/or public liability
insurance, where such increase in premiums is the direct or indirect result of the
Works.

Part 4
Breach of a term of the by-law
4.1 If the Owner fails to carry out his obligations under this by-law, the Owners
Corporation may in writing request the Owner to comply with the terms of it.
4.2 If after being requested in writing to do so, the Owner fails to comply with the
relevant term or terms the Owners Corporation, without prejudice to any other rights,
will be entitled in accordance with the provisions of the Act, to enter upon the Lot, have
the necessary work performed and recover the cost of such from the Owner, or any
subsequent owner of the Lot.
4.3 Such costs if not paid at the end of one month after becoming due and payable bear
until paid simple interest at an annual rate of 10%.
4.4 The Owners Corporation may recover as a debt any costs not paid at the end of one
month after it becomes due and payable together with any interest payable and the
expenses of the Owners Corporation incurred in recovering those amounts

There being no further business the meeting closed at 6.35pm

Bright & Duggan Pty Ltd


Managing Agents for Strata Plan 15290

© Bright & Duggan Pty Ltd - Minutes of Annual General Meeting: 16 November 2020
Minutes of Strata Committee Meeting

Strata Plan 15290


Address 120 Shirley Road
WOLLSTONECRAFT NSW 2065
Meeting Date 16 November 2020
Time Immediately following the ACM
Venue Lot 4
Address 120 Shirley Road WOLLSTONECRAFT NSW

Present Andrew Buchanan


Nicole Siddique
Roslyn Payne
In attendance Chris Sibraa, Bright & Duggan
Bryony Feltham
Valerie Mills
Michaela Pecha

Motions
1. Election of the Chairperson
Resolved

That the strata committee, in accordance with clause 8(2) of schedule 2 of the Strata
Schemes Management Act 2015 (NSW), elects Chris Sibraa as chairperson to preside at
this meeting.

2. Minutes
Resolved

That the minutes of the last strata committee meeting held on 28 October 2019 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 as

Chairoerson. Andrew Buchanan

Secretary, Nicole Siddiciue

Treasurer, Roslvn Payne

4. Term of Appointment
Motion withdrawn

That the strata committee, in accordance with section 50(6)(a), acknowledges the term
of the strata management agency agreement with Bright & Duggan Pty Ltd ends on 16
November 2020 and;

a. That the strata committee, in accordance with section 50(4), resolves to


extend the appointment of Bright & Duggan Pty Ltd for a period of 3 months or
enter period if the date of the next AGM is known from enter date oh which the
agreement ends.

5. Appoint Contact and Substitute Contact

Resolved

That the strata committee resolves to appoint a member of the strata committee to liaise
with the strata manager and be the strata manager's primary point of contact.

osIvn Payne

Further, that an alternate member of the strata committee be nominated to liaise with the
strata manager as a substitute contact in the event of the absence of the primary contact.

Andrew Buchanan

6. Voting Methods
Resolved

That the strata committee, in accordance with regulation 14, resolves to adopt other voting
methods by means of (teleconference, video-conference, email, pre-meeting voting, other
means) while participating in a meeting from a remote location.

7. Other Business
Resolved

That the strata committee discuss any further items of business that attendees wish to
raise at the meeting and resolve how those will be dealt with;

• The committee want to express their gratitude and thanks to Valerie Mills for all
her hard work whilst Valerie was on the strata committee and wish her all the
very best for the future.

• Replace the garbage bin room door which includes a lockable door handle and
vent.
• Ask Smarter Strata to meet with the committee on site to discuss how to improve
the look for the front wall. Andrew has a drawing of the possible look.
• Have the church side front gate repaired
• 3 quotes to paint the building foyer and related front doors
• Repair the chip tiles in the front foyer and related stairs
• Obtain 3 quotes for gardening works as the current gardener resigned.
• Have an engineer report on the structural crack in unit 4 boundary side wall

There being no further business the meeting closed at 7.45pm

Bright & Duggan Pty Ltd


Managing Agents for Strata Plan 15290

0 Bright & Duggan Pty Ltd - Minutes of Strata Committee Meeting: 16 November 2020
Minutes of Annual General Meeting

Strata Plan 15290


Address 120 Shirley Road
WOLLSTONECRAFT NSW 2065
Meeting Date 28 October 2019
Time 6:00 pm
Venue Unit 4
Address 120 Shirley Road
WOLLSTONECRAFT NSW 2065

Present Andrew Buchanan and Bryony Feltham (Lot 2)


Valerie Mills (Lot 4)
Roslyn Payne (Lot 7)
Apologies Nicole Siddique ( Lot 5)
In attendance Chris Sibraa, Bright & Duggan
Chairperson Chris Sibraa
Quorum achieved Yes, greater than 25% of lot owners in attendance

cuspm*cOi nrI*n4.
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Ft-229O2JtEO -
*87*82 on" S&
Reference to the Act is reference to the Strata Schemes Management Act 2015
(NSW) & Regulations and reference to a section is reference to a section in that Act,
unless otherwise stated.

Minutes

1. Resolved that the minutes of the last general meeting of the owners corporation held on
25 October 2018 be adopted as a true and accurate account of the proceedings of that
meeting.

Financial statements

2. Resolved that the attached statements of key financial information for the financial year
ending 31 August 2019 for the administrative fund, the capital works fund and any other
fund prepared by the owners corporation, together with the relevant auditor's report (if
required) be adopted.

Auditor

3. Defeated that an auditor be appointed for the financial year ending 31 August 2020.

Capital works fund plan

4. Resolved that the owners corporation review the existing 10-year capital works fund plan
prepared by QIA Group dated 1 September 2009, and implement it in accordance with section
80(7) as part of budgeting for the financial year ending 31 August 2020.

5, Motion Withdrawn - That the owners corporation revise or replace the 10-year capital
works fund plan for commencement from 28 October 2019, and that they;

a) obtain quotations from suitable qualified consultants to prepare a 5-year review of the
capital works fund plan.
b) delegate to the strata committee to consider the quotations obtained, and engage a
consultant.
c) appoint a liaison to meet with the consultant at the premises.
d) instruct the strata committee to incorporate the capital works fund plan in the preparation
budget to be considered at the next Annual General Meeting.
e) delegate to the strata managing agent any functions pursuant to the strata management
agency agreement additional duties schedule to undertake any of the above.

Administrative & Capital Works Fund Estimates

6. Resolved that in accordance with Section 79 (2) and 81 of the Act the owners corporation
estimates for the financial year from 1 September 2019 to 31 August 2020, that it will need
to credit to its administrative fund and capital works funds for amounts set out in the budget,
and that the owners corporation determines that the following amounts are to be levied to
raise the estimated contributions:

Administrative fund: $28,000.00 (GST inclusive)

Capital Works fund: $12,000.00 (GST inclusive)


Levy contributions

7. Resolved that the contributions are to be payable in regular periodic instalments, specified
as follows:

Administrative fund: Four (4) instalments due on

Date Amount Notes


1 November 2019 $ 7,000.00 Already collected
1 February 2020 $ 7,000.00
1 May 2020 $ 7,000.00
1 August 2020 $ 7,000.00
1 November 2020 $ 7,000.00 Continuing basis

Capital works fund: Four (4) instalments due on

Date Amount Notes


1 November 2019 $ 3,000.00 Already collected
1 February 2020 $ 3,000.00
1 May 2020 $ 3,000.00
1 August 2020 $ 3,000.00
1 November 2020 $ 3,000.00 Continuing basis

Levy collection

8. Resolved that the owners corporation pursuant to the Act (including Section 103) for the
purpose of collecting levy contributions to authorise the strata managing agent and/or the
strata committee to do any one or more of the following:

a) to issue arrears notices, reminder notices and/or letters to seek recovery of levy
contributions and the recovery of other debts, including penalties, interest, legal and
other costs/expense and arrange and monitor payment plans;
b) to 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.
c) to 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 levy contributions and the
recovery of other debts, including penalties, interest, legal and other costs;
d) enter and enforce any judgment obtained in the collection of levy 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 bankruptcy proceedings or winding up proceedings;
e) filing an appeal or defending an appeal against any judgment concerning the collection
of levy contributions; and
f) liaise, instruct and prepare all matters with the owners corporations' debt collection
agents, lawyers and experts in relation to any levy recovery proceedings.
Payment plans

9. Resolved that the owners corporation agree to enter into payment plans generally for
matters involving arrears of unpaid contributions/levies or other amounts including interest,
legal and other costs/expenses thereon and to delegate to the strata managing agent and/or
the strata committee the ability to enter into, arrange and monitor each such payment plan
limited to a period of 12 months per payment plan with any further or subsequent payment
plan to be entered into as agreed by the strata committee or owners corporation by
resolution.

Insurance

10. Resolved that the owners corporation confirm the current insurances as per the certificate
of currency issued by CHU expiring 31/06/2020.

11. Resolved that the owners corporation resolves to carry out a building valuation for
insurance purposes within 3 months of current insurances expiring.

12. Resolved that the owners corporation make arrangements in respect of insurances:

a) that the building sum insured is adjusted in accordance with any building valuation;
b) that the owners corporation consider whether to vary or extend any insurances pursuant
to Section 165 of the Act;
c) that pursuant to Section 166 of the Act that not less than 3 quotations for insurance
renewal be obtained, unless written reasoning is presented to the owners corporation
as to why less than 3 quotations were provided;
d) the owners corporation delegate to the strata managing agent any functions pursuant
to the strata management agency agreement additional duties schedule where
applicable to undertake any of the above.

Statement of commissions and training services

13. Resolved that the owners corporation acknowledges the statement provided below by the
strata managing agent for commissions and training services received in the last 12 months.

In the preceding financial year of the scheme, the strata managing agent has received the
following:

Commissions
$795 + GST in commissions received from CHU in the last 12 months.

Training
Bright & Duggan do not charge any of their Owners corporations for staff training required
under legislation.

Annual fire safety statement

14. Resolved that the owners corporation acknowledge the annual fire safety statement dated
2 October 2019 certified by Oncall Fire Safety.

15. Resolved that the owners corporation make arrangements for obtaining the next annual
fire safety statement as follows:

a) engage a suitably competent fire safety practitioner to assess each essential fire safety
measures specified in the statement; and
b) delegate to the strata committee to consider any corrective action reports and determine
what action is required; and
c) seek quotations and engage contractor(s) to complete any repairs (if required) and for
that contractor(s) to prepare and sign the statement; and
d) lodge the statement with local Council and the Fire Commissioner.
e) delegate to the strata managing agent any functions pursuant to the strata management
agency agreement additional duties schedule to undertake any of the above.

16. Resolved that the owners corporation resolves to instruct the strata managing agent to sign
the annual fire safety statement under delegated authority based on certification provided
by a competent fire safety practitioner engaged by the owners corporation.

Election of the strata committee

17. Resolved that the owners corporation acknowledge the written and oral nominations
received at this meeting for election to the strata committee.

18. Resolved that the owners corporation determine the strata committee consist of four
members and the follo2wing candidates were elected;

• Andrew Buchanan Lot 2;


• Valerie Mills Lot 4;
• Nicole Siddique Lot 5;
• Roslyn Payne Lot 7.

Renovations Unit 7 - Special By-Law No. 2


19. Resolved that The Owners - Strata Plan No. 15290 SPECIALLY RESOLVES pursuant to
sections 65A and 52 of the Strata Schemes Management Act 1996 ("the Act") to make a
by-law on the following terms and that notification of this change to the by-laws be lodged
for registration in accordance with section 48 of the Act at the Registrar-General's Office:

Special Privilege and Exclusive Use By-Law for Lot 7

Part 1

Definitions and Interpretation

1.1 In this by-law:

(a) "Act" means the Strata Schemes Management Act 1996.

(b) "Council" means the local council within whose boundaries the Owners Corporation

is located and, where relevant, includes a private certifying authority if the private

certifying authority is able to consent to the Works.

(c) "Exclusive Use Area" means the common property areas reasonably required to

keep the Works.

(d) "Insurance" means:

(i) contractors' all risk insurance with an authorised insurer (incorporating cover

against public risk in respect of claims for death, injury, accident and damage

occurring in the course of or by reason of the Works to a minimum of


$10,000,000), to which the Owner is a named party;

(ii) insurance required under the Home Building Act 1989, if required; and

(iii) workers' compensation insurance, if required.

(e) "Lot" means lot 7 in Strata Plan No. 15290.

(f) "Owner" means the owner of the Lot from time to time.

(g) "Owners Corporation" means the owners corporation created by the registration

of strata plan registration no. 15290.

(h) "Works" means:

(i) the removal of a section of an internal load bearing brick wall to create a door

opening between the kitchen and dining area of the Lot to around 1.67 metres;

and

(ii) the installation of a new structural support beam to provide support to the lot

above;

in accordance with the scope of works outlined in the structural engineer's report

prepared by Geoff Hopkins and Associates dated 25 August 2016 attached to this

by-law and as outlined in the drawings prepared by Geoff Hopkins and Associates

attached to this by-law.

1.2 In this by-law:

unless the context otherwise requires, a word which denotes:

(a) the singular includes the plural and vice versa;

(b) any gender includes the other gender;

(c) any terms in the by-law will have the same meaning as those defined in the Strata

Schemes Management Act 1996 (NSW); and

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

Part 2

Grant of Rights

2.1 Subject to the Owner's compliance with the conditions referred to in Part 3 of this by-
law,

the Owner is:


(a) authorised by the Owners Corporation pursuant to section 65A of the Act to add to,

alter and erect new structures on the common property to carry out the Works;

(b) granted the special privilege to undertake the Works and to keep the Works in the

Exclusive Use Area; and

(c) has exclusive use of the Exclusive Use Area.

Part 3

Conditions

Prior to commencement of the Works

3.1 Prior to commencement of the Works, the Owner must:

(a) if Council consent is required, provide evidence to the Owners Corporation that the

required consent from Council has been obtained;

(b) provide a report from a duly qualified engineer certifying that the Works will not

affect the structural adequacy of the fabric of the building nor its capacity to carry the

existing and any future expected loadings on the building (a copy of a structural

engineer's report prepared by Geoff Hopkins and Associates dated 25 August 2016

is attached to this by-law providing such certification);

(c) effect and maintain Insurance; and

(d) obtain the Owners Corporation's written approval.

Performance of the Works

3.2 In undertaking the Works, the Owner must:

(a) cause to be effected and maintained the Insurance for the duration of the Works;

(b) use duly licensed employees, contractors or agents to conduct the Works;

(c) ensure that the Works are carried out in a proper and workmanlike manner;

(d) comply with all directions, orders and requirements of all relevant statutory

authorities and must ensure and be responsible for compliance with such directions,

orders and requirements by the Owner's servants, agents and contractors;

(e) use best quality and appropriate materials, in a proper and workmanlike manner;

(f) ensure that the Works comply with the current Building Code of Australia, all

pertinent Australian Standards and the law;


(g) not allow the obstruction of reasonable use of the common property areas of the

strata scheme in the course of the Works by building materials, tools, machines,

debris or motor vehicles;

(h) ensure the Works do not create any excessive noise that is likely to interfere with

the peaceful enjoyment of the occupier of another lot or of any person lawfully using

the common property apart from during times involving demolition,

(i) comply with any reasonable requirement of the Owners Corporation concerning the

means of entering and leaving the building for tradesmen, building materials, tools

and debris;

(j) protect all affected areas of the building outside the Works from damage relating to

the Works or the transportation of construction materials, equipment and debris;

(k) ensure that the Works do not interfere with or damage the common property or the

property of any other lot owner, other than as approved in this by-law and if this

happens, the Owner must rectify that interference or damage within a reasonable

period of time and at its own cost;

(I) not vary the Works without first obtaining the consent in writing from the Owners

Corporation;

(m) perform the Works within a period of 3 months from their commencement or such

other period as reasonably approved by the Owners Corporation;

(n) ensure that the Works are only carried out between the hours of 8.00am - 4.30pm

on Monday - Friday and are not performed on weekends or public holidays;

(o) make sure that percussion tools and noisy equipment such as jack hammers are

only used between 10.00am - 3.00pm and that 24 hours' notice is given to the

occupiers of the other units throughout the building before the use of any such tools

and equipment;

(p) give the Owners Corporation's nominated representative(s) access to inspect the

Works within 48 hours of any request from the Owners Corporation;

(q) ensure that no tradesperson's vehicles obstruct the common property other than on

a temporary and non-recurring basis when delivering or removing materials or

equipment and then only for such time as is reasonably necessary;


(r) ensure that any debris is removed from the building daily and strictly in accordance

with the reasonable directions of the Owners Corporation;

(s) clean any part of the common property affected by the Works on a daily basis and

keep all of those parts of the common property clean, neat and tidy during the

Works;

(t) make sure that no building materials are stored on the common property;

(u) protect all areas of the building outside of the Lot which are affected by the W&fks,

from damage, dirt, dust and debris relating to the Works and ensure that all parts of

the common property, especially the walls, floors and carpets, are protected by

covers and mats when transporting construction materials, equipment and debris

through the building; and

(v) comply with all statutes, by-laws, regulations, rules and other laws for the time being

in force and which are applicable to the Works.

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

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

(b) notify the Owners Corporation that all damage, if any, to lot and common property

caused by the Works and not permitted by this by-law have been rectified;

(c) provide the Owners Corporation with a copy of any certificate or certification

required by Council to certify the Works;

(d) if required, provide the Owners Corporation with certification from a suitably qualified

engineer(s) approved by the Owners Corporation that the works required to rectify

any damage to lot or common property have been completed in accordance with the

terms of this by-law; and

(e) provide the Owners Corporation's nominated representative(s) access to inspect the

Works within 48 hours of any request from the Owners Corporation to ascertain

compliance with this by-law (the Owners Corporation's right to inspect the Works will

expire once it is reasonably satisfied that the conditions of this by-law have been

complied with).

Enduring Rights and Obligations

3.4 The Owner:


(a) is responsible for the cost of the Works and any future replacement, renewal, repair,

maintenance and removal of the Works;

(b) is responsible for the ongoing maintenance of the alterations of, additions to and

new structures erected on the common property resulting from the Works;

(c) is responsible for the proper maintenance of, and keeping in a state of good and

serviceable repair, the Exclusive Use Area and the Works;

(d) must promptly repair any damage to the common property caused by their

agents or contractors in the course of undertaking the Works and will bear all costs

associated with same;

(e) must at the Owner's own cost repair any damage to the property of the owner or

occupier of another lot occurring in the course of undertaking the Works;

(f) to the extent permitted by law, the Owner indemnifies the Owners Corporation

against any legal liability, loss, claim or proceedings in respect of any injury, loss or

damage whatsoever to the common property, or other property, or person insofar as

such injury, loss or damage arises out of, or in the course of, or by reason of the

performance of the Works, the renewal, repair or replacement of the Works or the

keeping of the Works; and

(g) to the extent permitted by law, must keep the Owners Corporation indemnified

against any sum payable by the Owners Corporation by way of increased premiums

for effecting and maintaining building damage insurance and/or public liability

insurance, where such increase in premiums is the direct or indirect result of the

Works.

Part 4

Breach of a term of the by-law

4.1 If the Owner fails to carry out his obligations under this by-law, the Owners Corporation
may

in writing request the Owner to comply with the terms of it.

4.2 If after being requested in writing to do so, the Owner fails to comply with the relevant
term

or terms the Owners Corporation, without prejudice to any other rights, will be entitled in
accordance with the provisions of the Act, to enter upon the Lot, have the necessary work

performed and recover the cost of such from the Owner, or any subsequent owner of the

Lot.

4.3 Such costs if not paid at the end of one month after becoming due and payable bear until

paid simple interest at an annual rate of 10%.

4.4 The Owners Corporation may recover as a debt any costs not paid at the end of one
month

after it becomes due and payable together with any interest payable and the expenses of the
Owners Corporation incurred in recovering those amounts

There being no further business the meeting closed at 6:50pm.

Bright & Duggan Pty Ltd


Managing Agents for Strata Plan 15290
Minutes of Strata Committee Meeting

Strata Plan 15290


Address 120 Shirley Road
WOLLSTONECRAFT NSW 2065
Meeting Date 28 October 2019
Time Immediately following the AGM
Venue Unit 4
Address 120 Shirley Road
WOLLSTONECRAFT NSW 2065

Present Andrew Buchanan


Valerie Mills
Roslyn Payne
In attendance Chris Sibraa, Bright & Duggan
Bryony Feltham

Ra24QQ271GO"
Minutes

1. Resolved that the minutes of the previous strata committee meeting held on 25 October
2018 be adopted as a true and accurate account of the proceedings of that meeting.

Election of office bearers

2. Resolved that the following office bearers be elected:

• Chairperson: Andrew Buchanan

• Treasurer: Valerie Mills

• Secretary: Nicole Siddique

Appoint contact and substitute contact

3. Resolved that the strata committee appoint a member and alternate member of the strata
committee to liaise with the strata manager and be the strata managePs primary and
substitute points of contact.

Primary Contact: Valerie Mills or Roslyn Payne

Voting methods

4. Resolved the strata committee resolves to adopt voting by means of Teleconference, Video
Conference, Email, and Pre-meeting voting while participating in a meeting from a remote
location.

Common property assessment

5. Resolved that

• That a key to the side gate for unit 1 be issued to the strata gardener
• The owners of unit 2 will obtain quotes to make good their rear courtyard area
and report back to the strata committee
• The tree removal process was approved, and the committee are waiting on the
tree contractor to complete the works
• Due to larger bins the bin room needs re-organise which the strata manager will
have done
• Unit 4's hallway ceiling needs painting from recent water from the above unit
• Obtain the report from the buildings plumber on the broken sewage pipe near
the main entrance
• Claim the damaged garage door on insurance if possible

There being no further business the meeting closed at 7:30pm

Bright & Duggan Pty Ltd


Managing Agents for Strata Plan 15290

There being no further business the meeting closed at 7:30pm.


tic No: 237301C
ABN:25 130 418 398/AcN 130 418 398

OA Cc a FIRE SAFETY &


INSPECTIONS.
PiIorlti&ng personal safety, asW ptotection and Cconcil compliance
A evon Of O!Cat Enwgy SOFJflOnS Pty Ltd
(02) 9502 2229 F: (02) 9591 9121
E: firesafety©cncallenergY.COm.aU
W: w-w-w.oncallenergy.COm.aU
A: P0 BOX 30, Bexley NSW 2207

Inspection date
CORRECTIVE ACTION REPORT
29th August 2022
Site Quotation ref
SF 15290 Q-1506
120 Shirley Rd Expiry
Wollstonecraft NSW 2065 8th December 2022
C/o
Licence number
Bright & Duggan 237301C
Level 1, 37 - 43 Alexander St,
ABN/ACN
Crows Nest NSW 2065
25 130 418 398/130 418 398
Quoted price is subject to all works completed in one visit, additional visits to site
may incur an additional charge.

Description

Smoke Alarm in Units (33484) Unit 4


hallway
near entry

Supply & Install 1 x 240v photoelectric Smoke alarm-New 1 $220.00 $242.00


Installation
Reason: 9v battery only smoke alarm: Supply and install new
installation of 240v with 9v battery backup

Smoke Alarm in Units (33485) Unit 5


hallway
near entry

Supply & Install 1 x 240v photoelectric Smoke alarm-New 1 $220.00 $242.00


Installation
Reason: Smoke Alarm is past the Manufacturers
Replacement date. Smoke Alarm is required to be replaced.
Nicole 0411766260: Supply & Install New installation of 240v
with 9v backup Smoke Alarm

Payo 1 of 4

A
Lic No: 2373010

oA I rcaAI
ABN:25 130 418 398/ACM 130 418 398
FIRE SAFETY & T. (02) 9502 2229 F. (D2) 9591 9121
INSPECTIONS E. flresafety@onCauefler9Y.COrfl.aU
Prtodtslng personal safety. asset protection and Ccuncfl compliance W. www.onoSlenergy.cOm.aU
A "010M 04 ca[ Ezflj SoitOrs Pty Ltd A: P0 BOX 30, Bexley NSW 2207

Description Qut. e

Smoke Alarm ih Units (33486) Unit 6


hallway
near
bedroomi

Supply & Install 1 x 240v photoelectric Smoke alarm-New 1 $220.00 $242.00


Installation
Reason: 9 volt battery only smoke alarm installed, non
compliant 0481293048: Supply and install new installation of
240v with 9v backup smoke alarm

Smoke Alarm in Units (33487) Unit 7


hallway
near entry

Supply & Install 1 x 240v photoelectric Smoke alarm-New 1 $220.00 $242.00


Installation
Reason: Smoke Alarm is past the Manufacturers
Replacement date. Smoke Alarm is required to be replaced.
Ros 0412496067: Supply & Install New installation Smoke
Pjarm-240v+9v backup

001 2Ff LED Emergency Light (33491) Near


unfits 6, 7

Supply & Install 1 x 2ff LED Emergency light 1 $215.00 $236.50


Reason: Light failed the 90 minute test: Replace light fitting.

004 2Ff LED Emergency Light (33494) Lobby


stairs
basement
level

Supply & Install 1 x 2ff LED Emergency light 1 $215.00 $236.50


Reason: Light failed the 90 minute test: Replace light fitting.

Page 2 of 4

A
Uc No: 237301C
ABN:25 130 418398/ACN 130418398
EflFIRE SAFETY &
Q INSPECTIONS
PlotitisIng personal safety, asset protection and Council compliance
T. (02) 9502 2229 F: (02) 9591 9121
E: firesafety@oncallenergy.com.au
W: www.onc3llenergy.com.au
A avision ctOnCsU Enwey Sdut,ons fly Ltd
A: P0 Box 30, Bexley NSW 2207

Total

Description Price

Smoke Alarm in Units (33503) Unit 4


hallway
near
bedrooms

Supply & Install 1 x 240v photoelectric Smoke alarm-New 1 $220.00 $242.00


Installation
Reason: 9volt battery only smoke alarm-not compliant:
Supply and install new installation of 240v with 9v battery
backup.

Smoke Alarm in Units (33504) Unit 6


hallway
near entry

Supply & Install 1 x 240v photoelectric Smoke alarm-New 1 $220.00 $242.00


Installation
Reason: 9 volt battery smoke alarm installed, non compliant:
Supply and install new installation of 240v with 9v smoke
alarm

Smoke Alarm in Units (33505) Unit


I iving
area

Supply & Install 1 x 240v photoelectric Smoke alarm-New 1 $220.00 $242.00


Installation
Reason: 9 volt battery only smoke alarm non compliant:
Supply and install new installation smoke alarm 240v + 9v
backup

Fire Door Units (33512) Unit 4

Misc repair work Contractor remove paint from frame tag 1 $60.00 $66.00
Reason: frame tag is painted over: Remove paint from door
tag & frame tag, tag must be legible. Price is subject to
approval of whole quote and work is scheduled in one
appointment

Page 3 of 1

FS
Lic No: 237301 C
ABM 25 130 418398/ACM 130 418 398

Qfl FIRE SAFETY &


INSPECTIONS
Priontising personal safety, asset protection and Ccxjncil conpflice
T:(02) 9502 2229 F: (02) 9591 9121
E: firesafety@oncallenergy.com.au
W: www.oncahenergy.com.au
A &tn of OCa Eway SoliThons fly Ltd
A: P0 BOX 30, BexJey P45W 2207

Tote!
Unit.. UnàL
Description Ptice GST

Misc repair work Contractor remove non compliant magnetic 1 $0.00 $0.00
hold open device
Reason: Hold open device installed. Valerie mills
0406552788: Remove Magnetic door holder. Price is subject
to approvali of whole quote and work is scheduled in one
appointment

Fire Door Units (33513) Unit 5

Misc repair work Contractor- remove non compliant door 1 $50.00 $55.00
Chain & catch
Reason: Remove door chain. Nicole 0411766260: Remove
chain and track and install self tapping screws to cover hole
to maintain fire rating, Price is subject to approval of whole
quote and work is scheduled in one appointment.

Smoke Alarm in Units (36414) Unit 5


near
bedrooms

Supply & Install 1 x 240v photoelectric Smoke alarm-New 1 $220.00 $242.00


Installation
Reason: Smoke Alarm is past the Manufacturers
Replacement date. Smoke Alarm is required to be replaced:
Supply & Install New installation 240v Smoke Alarm with 9v
backup

Subtotal $2,300. 00
Total GST: $230.00
TOTAL:$2,530.00
Corrective Action Authorisation

Approved U Approved with amendments U Amend and resubmit


of as an authorised representative, agree to and authorise
the above Corrective Action Work.
Signed: Date:

Page 4 of 4
Local network: customeccare@btight-duggan.com.eu
bright-duggan.comsu
bright & duggan Crows Nest I Caringbah j Rose Bay
Sydney Olympic Park I Hunter P0 Box 2811 Crows Nest NSW 1585
P: 02 9902 7100
austnlia's strata leader OLD j V1C J ACT ABN32001554 650

Strata Works Agreement


Bill To: Billing Address: Order No: 00268397
Strata Plan No. 15290 Order By: christopher.sibraa
Order Date: 12 Jul 22
120 Shirley Road Quote No:
Wollstonecraft NSW 2065
Account Manager: Chris Sibraa

ATTENTION TO:
Contractor Name Hekmat Saleh Tel:
and Address: A/C R. Saleh Fax:
11 Holland Crescrent
CASULA NSW 2170 Mobile: 0402 231 402
Email: macsaleh71gmail.com

SITE CONTACT:
Name: Mr A Buchanan & Ms B Feltham Tel-H:
Unit No: 2 Tel-W:
Mobile: 0430 199 871 B

JOB DETAILS:
Property Affected: Common Property

Address: 120 Shirley Road Wollstonecraft NSW 2065

,Job Description:
Hi Mac
quote and report on water ingress into unit 2 from unknown location.
site contact is Andrew or Brinoy 0430 199 871

Regards
Chris-SM

PLEASE NOTE:
Invoices MUST be made out to the Strata Plan Number with our Order Number
stated clearly and emailed to accpayable©bright-duggan.com.au ONLY
WE DRAW YOUR ATTENTION TO ATTACHED
Strata Works Agreement - Conditions of Work Engagement
Hue Projects Pty Ltd
1/as Hue Homes 145W

Address: Shop 4, 252 Princes Highway,


Corrimal NSW Australia 2518
Phone: (02) 4263 1074
Email: accounts@huehomesnsw.com.au
ABN: 98 602 868 253
License: 284021C

TAX INVOICE
Invoice Date Invoice Number Reference
SP 15290 do Bright & Duggan
31 Aug 2022 INV-0136 1st progress - 20% Site

Description Quantity Unit Price GST Amount AUD

20% - 1st Progress Payment -


Site Establishment per approved
Quote 6588 dated
23.11.21 1.00 9,600.00 10% 9,600.00

Address - 120 Shirley Rd


Wollstonecraft
Subtotal 9,600.00

Total GST 10% 960.00

Invoice Total AUD 10,560.00

Total Net Payments AUD 0.00

Amount Due AUD 10,560.00

Due Date: 05 Sep 2022

PAYMENT ADVICE
BSB: Customer SP 15290 do Bright & Duggan

Account: Invoice Number INV-0136


10,560.00
Name: Hue Homes NswJ Amount Due
Due Date 05 Sep 2022
Bank:
Hue Projects Pty Ltd
T/as Hue Homes NSW

:j :1 Ub 1F iO MES KIWI,
Address:

Phone:
Shop 4, 252 Princes Highway,
Corrimal NSW Australia 2518
(02) 4263 1074
Email: accounts@huehomesnsw.com.au
ABN: 98 602 868 253
License: 284021C

TAX INVOICE
Invoice Date Invoice Number Reference
SP 15290 do Bright & Duggan
06 Jun 2022 INV-0119 Deposit-

Description Quantity Unit Price GST Amount AUD

Engagement/Commencement
Deposit Fee

Site Address: 120 Shirley Rd,


WOLLSTONECRAFT 2065

Works: Removal & Replacement


retaining
garden wall Southern façade
and too
allow to supply and install
galvanised
post under Unit 4 balcony with a 1.00 4,800.00 10% 4,800.00
450mm
x 450mm x 450mm footing as
per
approved Quote 6588 dated
23.11.21 and refer to special
conditions emailed
through from George referring
to
weather and pandemics

Full Contract amount: $52,800


(including GST)
Subtotal 4,800.00
Description Quantity Unit Price GST Amount AUD

Total GST 10% 480.00

Invoice Total AUD 5,280.00

Total Net Payments AUD 0.00

Amount Due AUD 5,280.00


Due Date: 11 Jun 2022

PAYMENT ADVICE
BSB: Customer SF' 15290 do Bright & Duggan

Account: Invoice Number INV-0119

Amount Due 5,280.00


Name: N Due Date 11 Jun 2022

Bank: H
Residential - Minor Works

St •1iti1iIii?1 .ii1i1i

suiteJ toobs tinder


$261 01 do not
reqditehbrnewarrant'
JI
insuranc&

New South. We4es


Residential Minor Works eContract

PLAIN ENGLISH MINOR WORKS CONTRACT - March 2015


For use in minor simple works, renovations, or repairs and or maintenance work. The time to do the work and how many
payment claims should be considered when deciding to use this contract. Residential Building Work where the contract price is
more than $20,000.00 at time of contracting will require Home Building Compensation Fund insurance.
OWNER
Name SP 15290 c/o Bright & Duggan If YES: they need to be attached to this document and signed
by both parties. Tick to confirm 1!
Address
Documents attached and signed by:
P0 Box 261 CROWS NEST 2065 El Owner El Contractor
Fax Number The work will be done in accordance with these details.
Email Chris.Sibraa@bright-duggan.com.au Has any relevant approval been obtained?
Mobile LI YES iLl NO /l NOT REQUIRED
Phone IN 029902 7100 (b) B. TIME TO DO THE WORK
AND Based upon the work to be done by the Contractor, as detailed
CONTRACTOR above, how long will it take to complete?
(must be the name of the licence holder as shown on 8 weeks from commencement.
the licence.) The work will commence on:
Name Hue Projects Pty Ltd trading as Hue Lila) orwithin
Homes NSW
LI (b) 14 days of Contractor receiving complete approval
Address terms: or
Shop 4/252 Princes Hwy Cardinal 2516 LI (c) 14 days of the Owner providing written evidence of
Fax Number ability to pay the Contract Price; or
bi (d) 14 days after the Contractor gets, if applicable, Home
Licence no. 284021C Warranty Insurance Cover.
Current to: 30/06/2026 whichever is the later date of those applicable.
Email admin@huehomesnsw.com.au C. STAGED PAYMENTS TO BE MADE BY OWNER
Mobile 0415 287 909 amounts incl. GST@ 10%
Phone (h) (b) 02 4263 1074 Category Amount Description of work
Contract 52,800 $5,280 Prior to work starting
Deposit
Price:
Payment 1 $10,560 20% - Site Establishment
All alterations to this contract must be initialled by the Payment 2 $31,680 60% - Excavation & Demolition &
parties to verify the alteration. Installation of post
this is the address, email or fax number to which notices Payment 3 $5,280 10% - On Completition
are to be sent.
Contract $52,800 (including GST)
A deposit cannot exceed 10%. Price
A. WORK DETAILS
Address of work site: WARNING:- the contract price may vary due to:
120 Shirley Rd, WOL.LSTONECRAFT 2065 (a) variations to the work - see clause 5;
What work is to be carried out? (b) inability to get materials or products;
Removal & Replacement retaining (c) effect of GST payable by the Owner.
The Contractor's variation margin is 25% (see clause 5)
garden wall Southern façade and too
The parties sign this document 5ri the date below to
allow to supply and install galvanised
record their acceptance of the above details and the
post under Unit 4 balcony with a 450mm
x 450mm x 450mm footing as per contract terms.
approved Quote 6588 dated 23.11.21 an
drefer to special conditions emailed
through from George referring to Owner
weather and pandemics
What materials are to be supplied by Owner?
Contractor
Answer the following questions to detail what is to be
done by the Contractor, when and how it is to be paid Dated: — / /20
for.
Are there any quotes, plans and/or specifications which
detail the work the Contractor will complete?
If NO: ensure the work is sufficiently described above.

OWPJERIS) $P 15290 V. BilaM S ouggaa 91


SiTE ftDDRESS. 120 SiiI.I., Rd. woU.STONEcPFr 2005

0 Copy.19h0 May 2022


a,cio.,?1.,l rInt Wc'hI Coitrc!

STATUTORY OWNERS CHECKLIST AND QUESTIONS


Have you cnecket that contractor holds a current contractor licence? Yes No
I
boos the licence cover the type of work included in the contracU Yes No
2
3 Is the name ann number on the contractors licence the same as on the contract? Yes No

4 Is the work to be undertaken coverec in the coltract. ra,ings or specification? Yes No


Did the Builder provide (i.e. have prepared) the contract drawings and specification
a detailing the work to be done? "No' means the Owner is or was responsible for having Yes No
such documents created.
r' Does the contract clearly state a contract price or contain a warning that the con'tract pike is not Yes No
known?
It the contract price may be varied, is there a warrnng and an explanation about how it may be Yes N
varied'
7 Are you aware of the cooling-off provisions relating to the contract? Yes No

8 Is the deposit wtlun the legal limit of 10%? Yes No

9 Does the contract include details of the progress payments payable under the contract? Yes No

10 Do you understand the procedure to make a variation to the contract? Yes No

Il Are you aware of who ;s to obtain any council or other approval for the work? Yes No

b is the Builder responsible for getting any approval? Yes No


Do you understanc that you are not required to pay the contractor a Qeposit or any progress
12 payments untl the contractor has given you a certificate or insurance under Part 6 or Part 60 of Yes No
the jiome Suildlnq Act 189 (except where the work is of a kind that does not require insurance)?
Does the contract nclude either of the followlnq:
12A (a) the cost of the Insurance under Part 6 of the home Build'no Act 1989 Yes No
fbI the cost of the alternative indemnity product under Part 66. of the Home Btjilthnq Act 19894
Has the cnitactor given you a copy of the Consumer Building Guide, which provides key
Information about your rights and responsibilities under NSWs home building laws and wnere to Yes No
13 get more information?
The Consumer Building Guide Is included at the end of this Contract.
Does me contract include a statement about the circunntancec ii which the contract may be Yes NO
14
terniirated?
The highlighted words above have been uisoited by the Master Builders 'lssoi ,Jt,on of New South Wales as )n aide to the
contract panics Despite j "nO' a,nwev to questions a and/or b the contr,Kt may be ready to be signed

Owner UOwr,:r

Prin Name Print Nani

'.fl 1001.555 111, u'It, 4, i:, i .101111 PA-1


Residential Minor Works econtract
A notice of rescission can only be given to the contractor
1. Signatures Builder if the contract price is over $20,000 and:-
Do not sign this contract unless you have read and understand a) where the Owner has been given a copy of the signed
the clauses as well as the notes and explanations contained incontract - it is provided within five (5) clear business days after
the contract and this document. being given a copy of the signed contract, or
b) where the Owner has not been given a copy of the signed
If you have answered "no" to any question in the checklist, you
may not be ready to sign the contract. contract within five (5) days after the contract was signed - it is
Both the contractor Builder and the Owner should retain an provided within five (5) clear business days after the Owner
identical signed copy of the contract including the drawings, becomes aware of being entitled to be given a copy of the
specifications and other attached documents. Make sure that signed contract.
you initial all attached documents and any amendments or The notice of rescission must state that the Owner rescinds the
deletions to the contract. contract, and must be given to the contractor Builder by
leaving it at the address shown as the contractor Builders
2. signed copy of the contract address.
Under the Home Building Act 1989 a signed copy of the If the contract is rescinded under the cooling off period the
contract must be given to the Owner within 5 working days contractor Builder may retain out of any money already paid
after the contract is entered into. the amount of any reasonable out of pocket expenses that the
contractor Builder incurred before the rescission. The
3. Home Building Compensation Fund Contractor is entitled to be paid a reasonable price for any
The contractor Builder must provide you with a certificate of work carried out under the contract to the date the notice of
insurance under the Home Building Compensation Fund before rescission is given.
the contractor Builder commences work and before the
5. Acknowledgment of Owner
contractor Builder can request or receive any payment.

4. Cooling off period for contracts with price over I/we have been given a copy of the Consumer Building Guide
$20,000.00 and
Under the Home Building Act 1989 the Owner may, in limited Uwe have read and understand it.
circumstances, by notice in writing, rescind the contract In i/we have completed the checklist and answered Yes" to all
specific circumstances. The contract may be rescinded even if items on It. Note. Where the Owner is a company or
work has commenced under the contract. partnership or the contract is to be signed by an authorised
agent of the Owner and the capacity of the person signing the
contract, eg director, must be inserted below.

wner t'Owner

Print Name $2Print Name

omlEals;. SP 15290 r/o erlyit a. DUOQIO


SITE £009155: 120 Shirley M. W0U.5TOPIECRT 2065

C copyl1ht May 2022


Iv
Residential Minor Works econtract

TERMS AND CONDITIONS

I have read and acknowledged these documents


--.Conditions of Contract El
Role of reqistered certifiers - Home Buildino Act El
1989
)- Security of Payment Guide El

OWNERISI. SP 15290 CIa BrigN & Dogn


SITS ADDRESS: 170 Stidey Rd WOU.5IONET 2065
006
0 Copyright May 2022
G\ERAL CO\ 9ITO \S OF CO\ TRACT
1. Standard of work and materials plus 3.Payment by Owner
Statutory Warranties for Residential Building The Owner must pay the Contract Price in the manner listed at
Part C on page 'I. The Contract Price includes GST at 10%.
Work The GST is payable by the Owner provided the Contractor is
The Contractor warrants that:- GST registered and the Contractor provides a tax invoice to the
(a) the works will be done with due care and skill and in Owner.
accordance with the description in the contract and the The Contract Price covers those matters reasonably necessary for
drawings and specifications listed, if any, in the contract the completion of the work.
particulars. Such documents, if any, form part of the contract. The Owner must pay the balance of the contract price within two
Refer to Part A on Page 1. Any material supplied by the Owner (2) working days of notice from the Contractor that the work is
is to be fit for its intended purpose. The Contractor is entitled complete. If the parties wish to make smaller and more frequent
to rely on the Owners warranting the same. claims for payment and payments, they are to attach to this
(b) all materials supplied by the Contractor will be good and document a written payment schedule detailing what amount is to
suitable for the purpose for which they are used and unless be paid and when it is to be paid. The parties are to sign and date
otherwise stated, will be new. any such document.
(c) the work under the contract will result, to the extent of the
work conducted, in a dwelling or facility that is reasonably fit for
occupation or use; 4.Completion of the work
(d) the work will be done with due diligence and within the time
stipulated in the contract or if no time is stipulated within a The period to do the work is noted at Part B on page 1. If
reasonable time. no period is stated, then the work will be completed within a
(e) any specific purpose for or outcome required as a result of the reasonable time after the Contractor commences the work.
work is to be made known to the Contractor, in writing, and The Contractor is entitled to a reasonable extension of time
before the contract is signed. Such details are to be specifically when the work or the ability to work Is affected by events or
attached to or detailed in the contract documents. If no specific matters beyond the Contractor's control. This includes delay in
purpose is made known then (c) above will be the outcome instructions or payment, inability to work due to weather (including
required; and the consequences of weather on things such as site access or safe
working conditions) or an inability or delay in getting material or
(0 the work will comply with relevant laws.
trades. The time for completion is to be adjusted accordingly
The Contractor will remove rubbish and surplus materials
associated with the work upon reaching completion.
2. Plans and specifications The work will be complete when it is finished in accordance with
(a) ( All plans and specifications for work to be done under the contract except for minor omissions and defects which do not
this Contract, including any variations to those plans and prevent the works from being used for their intended purpose. The
specifications, are taken to form part of this Contract. contract adopts as a reference document the Guide to Standard
(ii) Any agreement to vary this Contract, or to vary the plans and Tolerances 2007 (the Guide) as produced by the Victorian
and specifications for work to be done under this Contract, Building Commission. The Guide is to be used to resolve issues
must be In writing signed by or on behalf of each party to about work quality.
this Contract.
(iii)This clause only applies to a contract to which section 7M
(Consumer information) of the Home Building Act 1989 5.Variations to work
applies.
The work may be changed by way of addition, omission or
Quality of construction substitution. Such changes are to be agreed in writing between
(b) 0) Ail work done under this Contract will comply with: the parties or done as required by a competent Authority. The
(a) the Building Code of Australia (to the extent required Owner and Contractor are to sign off on any variation. Each party
under the Environmental Planning and Assessment Act will do what is necessary to record the variation details in writing.
1979, including any regulation or other instrument made
under that Act), and Additional Work
) all other relevant codes, standards and specifications The price to be paid or the allowance made for variations involving
that the work is required to comply with under any law, additional work should be agreed. If no agreement is reached
and the variation will be valued using the cost of material and labour
(c) the conditions of any relevant development consent or plus in all cases a reasonable margin, to the Contractor for
complying development certificate. administration, overhead and profit. The reasonable margin for this
(ii) Despite Sub-Clause 2(b)(i), this Contract may limit the agreement is noted in Part C on page 1. If nothing is stated it will
liability of the contractor Builder, and accordingly the be 25%.
Builder is not liable for a failure to comply with Sub-Clause
Less Work
2(b)(i) if the failure relates solely to:
(a) a design or specification prepared by or on behalf of If work is taken out of the contract then the reduction in the
the Owner (but not by or on behalf of the contractor contract price will be an amount equal to the costs that the
Builder), or Contractor does not incur by reason of the work not being done.
) a design or specification required by the Owner, if the The proper effect of the GST is to be determined noting the value of
contractor Builder has advised the Owner in writing work done as a variation.
that the design or specification contravenes Sub-
Clause 2(b)(i).

0 Copyright - MASTER BUILDERS ASSOCIATION OF NSW 'PLAIN ENGLISH MINOR WORKS CONTRACT - MARCH 2015 erslan 3) 4
6. Home Building Compensation Fund 9. Dispute Resolution
Insurance - applicable only to residential If any dispute or difference (dispute") concerning this Agreement
arises between the Owner and the Contractor then the patty
building work claiming there is a dispute is to give the other written notice of the
The Contractor must provide the Owner with a Home Building dispute.
Compensation Fund certificate of insurance before commencement Within five (5) business days after the giving of the notice of
of work and before demanding or receiving any payment. This dispute the parties must meet at least once to attempt to resolve
requirement only applies if the work has a value of more than the dispute or to agree on a method of resolving the dispute by
$20,000 and is residential building work under the Home Building means such as independent review and report, mediation, expert
Act 1989. determination or arbitration. At any such conference each party
must be represented by someone having authority to settle the
matter.
The parties agree and understand that relative to the nature
7. Insurance, loss, damage and injury and type of dispute, formal and legal dispute resolution
The Contractor must insure against liability under the Workers' procedures can be very expensive - for all parties.
Compensation Act and at common law in respect of persons Accordingly, they agree to act cooperatively and reasonably
employed by him and against liability for injury to third persons and at all times. Where applicable they will use the Guide to
in respect of damage to the property of third persons. resolve disputes.
The Contractor is to insure against loss and damage to the Works
whilst the works are in progress. The Contractor is not liable for
damage to or other impacts on the existing premises if the same
arise as a normal result of undertaking the required work.
The Owner must remove any furniture or personal goods from the
vicinity of the work to minimise the risk of damage. If the Owner
does not then all things left are at the Owner's risk.
The Owner is responsible for and indemnifies the Contractor
against liability or claim in respect of damage to the existing
premises or movable property left at the work site during the Works
or in respect of injury to any person being in the premises by
permission of the Owner provided that the Contractor is not guilty
of default or negligence which causes the injury, loss, or damage.
The Contractor will make good loss or damage to the work
or property of the Owner caused by the Contractor or the
Contractor's employees, agents or subcontractors. Please note
the exception set out in the paragraph above.

8. Ability to suspend/terminate work


(a) The Owner is in default U the Owner interferes with and/or
prevents the Contractor from carrying out the work or fails
to make a payment as required. In such circumstances the
Contractor may suspend work until the default is rectified.
The completion date for the work will be extended by the same
number of days as the work is or was so suspended.
(b) If the Owner does not correct the default within ten (10)
business days of receiving a written request to remedy the
default, then the Contractor may by a further written notice
terminate this contract and the Owner will be liable to the
Contractor for any money due to and any loss suffered by the
Contractor.
(o) The Owner may terminate this Contract in the circumstances
provided by the general law however this does not prevent the
Owner and Builder from agreeing to additional circumstances
In which the Contract may be terminated.

0 Copyright - MASTER BUILDERS ASSOCIATION OF NSW - PLAIN ENGLISH MINOR WORKS CONTRACT - MARCH 2015 emsion 3) 5
P0 Box 972
Parramatta NSW 2124
aKYAuv Tel: 02 9895 0111 TTY: 1300 723 404
Fair ABN 81 913 830 179
www.fFjrtrading.nsw.gov.au
NSW Trading
GOVERNMENT

Role of registered certifiers - Home Building Act 1989


Important: this is a summary document only.
This is the form of information about the role of a registered During construction, a certifier's responsibilities include to:
certifier, approved by the Secretary for the holder of a a inspect the work in person, at each required stage
contractor licence to give to the other party to a contract. It is a if a non-compliance is identified, issue a direction to you
an offence under section 11 B of the Home Building Act 1989 if and/or the builder requiring certain action to be taken, and
the licence holder does not provide this document to the other notify the council if the required action isn't taken
party before entering into a contract. a respond appropriately to any complaints about the
This requirement applies to a contract under which the licence development, including informing the council if needed.
holder undertakes: After construction is finished, a certifier may issue an
• to do, in person, or by others, any residential building work occupation certificate if:
or any specialist work, or a all relevant conditions of your consent are met, and you have
• to vary any such undertaking to do residential building work applied for the occupation certificate, and
or any specialist work or the way in which any such work is a all inspections have been carried out and the work is found
to be done, to be satisfactory, unless an inspection (other than the final
but only if a registered certifier will be required with respect inspection) was missed under circumstances deemed
to some/all of the work. unavoidable by the certifier (and evidence of suitability of the
This requirement does not apply to: work is provided), and
• a contract to do residential building work entered into a the work is 'suitable for occupation' in accordance
between the holder of a contractor licence and a developer with the Building Code of Australia. Important: this is a
with respect to the work, minimum standard of compliance that must be met. It
• a contract for which the contract price does not exceed does not guarantee that all the work has been completed.
$5000 or (if the contract price is not known) the reasonable For example, a house or apartment may be suitable for
market cost of the labour and materials involved does not occupation while painting or landscaping is still being
exceed $5000, completed.
a a contract of a class prescribed by the Home Building An occupation certificate does not certify that the conditions
Regulation 20141. of your contract with the builder have been met The contract
A registered certifier is a public official, independent with your builder is a different contract to the contract with your
of the contractor certifier and must be considered separately.
Registered certifiers are public officials who do not work for Your obligations
builders, contractors, developers or property owners. A certifier Appoint and enter into a contract with your chosen certifier. The
can be from the private sector or your local council. choice and appointment of a certifier is yours - your builder
A certifier's role is to make an independent assessment may recommend a certifier but cannot appoint the certifier for
to determine if relevant requirements of the Environmental you, cannot offer to change the contract price, and cannot
Planning and Assessment Act 1979 have been met to refuse to carry out work if a particular certifier is not appointed.
warrant the issuing of a construction certificate, complying You must communicate with your builder, who will notify the
development certificate or occupation certificate. certifier of each stage of work so the certifier can inspect it.
Certifiers do not supervise or manage builders, contractors or If an inspection is missed, the certifier may have to refuse
building sites. to issue an occupation certificate, You can request that the
certifier and builder copy you into all correspondence between
What are a certifier's responsibilities at each stage?
them.
Before construction starts, a certifier's responsibilities
Finding more information on certifiers
include to:
• check whether the proposed work will meet legislative Details of the class of registration each certifier holds, their period
requirements if built in accordance with the approved plans of registration, professional indemnity insurance and disciplinary
and specifications history can be found at www.fairtrading.nsw.gov.au:
a advise which inspections will be mandatory as the work a Details of registered certifiers (or search 'appointing a
progresses certifier' from the homepage)
a notify the council of their appointment as the principal a Disciplinary actions against certifiers (or search 'certifier
certifier disciplinary register' from the homepage).
a check your builder or contractor is licensed and insured Questions?
under the Home Building Act 1989 The Fair Trading website wwwialrtrading.nsw.gov.au has
• check whether any applicable conditions of your consent or information about certifiers, enforcement powers, how to
approval are met replace a certifier and resolving concerns about a certifier:
a check whether any applicable fees are paid, such as the a Search 'what certifiers do' for information about a certifier's
long service levy role and responsibilities.
• install a sign on the building site, showing the certifier's a Search 'concerns with development' for information about
details enforcement powers of certifiers, councils and Fair Trading,
• inspect the building site (if required). and how to resolve concerns about a certifier.

None are currently prescribed by the Regulation


9 State of New South Wales through Oeparin'ent or custner service 2020. Information about registered certifiers - Home Building Act 1989- June 2020
Security of Payment Guide
NSW
GOVERNMENT
Understanding progress payments in the building and construction industry

The Security of Payment laws may serve a payment claim on the person who, under the
construction contract concerned, is or may be liable to make the
In NSW, people who carry out construction work or supply payment.
related goods and services under a construction contract are There are specific maximum deadlines for payment depending
entitled to receive progress payments for the work or supply of on the nature of the contract.
those goods and services. If the construction contract under which the payment claim is
This is regulated by the Building and construction Industry made is not an owner occupier construction contract as defined
Security of Payment Act 1999 (NSW) and Building and by the Act, the following will apply:
Construction Industry Security of Payment Regulation 2020 Where a head contractor makes a payment claim to a principal,
(NSW) (Security of Payment laws'). the payment claim becomes due and payable by the principal:
The Security of Payment laws are relevant to those involved in
contracts within the building and construction industry such as • 15 business days after the payment claim is served on the
builders, tradies, subcontractors, consultants and suppliers. principal, or
The purpose of the Security of Payment laws is to reduce the risk • an earlier date if the construction contract between the
of insolvency in the building and construction industry in NSW by principal and head contractor specifies this.
ensuring members of the contractual chain are paid for the work A progress payment to be made to a subcontractor becomes
or services they provide. due and payable:
• 20 business days after the payment claim is served on the
What do the Security of Payment laws apply to? head contractor, or
/ Any construction contract. • an earlier date if the construction contract between the parties
specifies this.
/ A construction contract that is written or oral.
Where a party to an owner occupier construction contract
/ A construction contract that is partly written and partly oral.
makes a payment claim, the claim becomes due and payable:
/ A construction contract that says it is to be governed by a law
of a State or Territory outside of NSW but the work is carried • in accordance with the terms of the contract, or
out in NSW. • if the contract makes no express provision with respect to
the matter, on the date occurring 10 business days after a
/ On and from 1 March 2021, owner occupier construction
payment claim is served on the person liable to make the
contracts.
payment.
What are owner occupier construction contracts?
Procedure for recovering progress payments
Owner occupier construction contracts are construction
contracts for residential building work on any premises or part / A claimant can serve one payment claim in any month under
of the premises where the contracting party resides or proposes each contract (can be on last day of one month and first day
to reside in. For example, an home owner engaging a builder to of next month) or on or from an earlier date if the contract
build their home. provides this.
/ If the construction contract has been terminated, a payment
What's not covered under Security of Payment laws? claim can be made from the date of termination,
/ A payment claim must identify the goods or services the
)C A construction contract where the work is performed outside
claim relates to, the claimed amount, and clearly state it is a
of NSW.
payment claim made under the Security of Payment laws.
,x A construction contract for goods and services supplied in
I' A claimant can only make a claim within the period determined
respect of construction work outside of NSW.
in the contract or 12 months after the work was carried out
)( A construction contract that regulates an employer/employee (whichever is later).
relationship.
/ A head contractor claimant must fill out and attach a
X A construction contract that relates to a financial loan. supporting statement form to their claim.
What is a progress payment? Replying to a payment claim: payment schedules
A progress payment includes: A party who has been served a payment claim ("the
• The final payment for construction work carried out or the respondent"), may reply by providing a payment schedule to
supply of the goods/ services under the construction contract, the claimant.
or There are strict timeframes for a respondent to provide a
• A single or one-off payment for carrying out construction payment schedule to a claimant. These are:
work or the supply of goods/ services under the construction • within the time outlined in the construction contract, or
contract, or
• within 10 business days after the payment claim is served
• A payment based on an event or date (milestone payment'). (whichever is earlier).
This does not prevent the building contractor making one If a respondent does not provide a payment schedule to the
payment claim for a progress payment in any particular month for claimant within the timeframe required, they are liable to pay the
construction work carried out or for related goods and services amount requested by the claimant in the payment claim.
supplied in that month.
A payment schedule must identify:
How is a progress payment amount determined? • the payment claim it is for
• the amount of payment (if any) that will be paid (the
The progress payment amount is usually set out in the
"scheduled amount")
construction contract,
• if the scheduled amount is less than the claimed amount, why
If the progress payment amount is not set out in the construction the scheduled amount is less
contract, the amount will be calculated based on the value of the
• if it is less because the respondent is withholding payment for
construction work undertaken or the goods/service provided,
any reason, the respondent's reasons for withholding payment.
When is a progress payment due for payment?
Important facts
A progress payment should be made in accordance with the
• Interest is payable on the unpaid amount of a progress
terms of the applicable construction contract.
payment that has become due and payable.
Due date for payment • If a progress payment is due and payable, a claimant can
exercise a legal right (called a lien) to legally possess
A person entitled to a progress payment (the claimant)
Fair Trading security of Payment Guide I February 2021
any unfixed plant or materials they have supplied to the
respondent, until the progress payment is paid. sw.gov wd seet1 for 'secunty of paylra it Of
aymentOcustci%-Srsrvice.nsW.gOv au
What if a progress payment is not paid?
If the claimant has made a ayment claim, and the respondent further [W call 13 32 ?Q, 11 you're dflf hartr of hewing or
does not accept the payment claim, a claimant can apply to have epseoflimpaired. contact us thfQi, the Natioqal eelay Sendcq.
the matter dealt with by an adjudicator or a court. fflodfispealk a language other thili English, call dur TSlephope
A claimant can make a claim in court or make an application for etr Sice on 13 14 50.
the matter to be heard by an adjudicator, if:
• the respondent does not provide a payment schedule, or Establishing a trust account
• the scheduled amount indicated in the payment schedule is
less than the claimed amount indicated in the payment claim, When establishing a trust account for retention money, there
are certain requirements, such as notifying the Secretary of
or
the account's details and notifying the ADI that it is an account
• the respondent does not pay the claimant in accordance with opened for the purposes of the Security of Payment laws.
the payment schedule.
A claimant can serve a payment withholding request on a For more information on the requirements when opening a trust
principal contractor to retain sufficient money to cover the account see clause 9 of the Regulation.
claim out of money that is, or becomes payable by the principal
Withdrawals from a trust account
contractor to the respondent.
A head contractor must not withdraw retention money from a
Adjudication retention money trust account except for 1 of these 4 reasons:
A claimant may apply for adjudication of a payment claim where / Payment of money in accordance with the terms of the
the respondent provides a payment schedule but: construction contract under which the money was retained by
the head contractor.
• the scheduled amount indicated in the payment schedule is
less than the claimed amount, or / If the head contractor and subcontractor make an agreement
• the respondent fails to pay the whole or any part of the in writing.
scheduled amount to the claimant by the due date for / To pay an amount that an adjudicator has determined the
payment of the amount. respondent must pay to the claimant.
The claimant may also apply for adjudication of a payment claim / In accordance with an order of a court or tribunal.
if the respondent fails to provide a payment schedule at all to X It cannot be used by the head contractor to pay their own
the claimant and also fails to pay the whole or any part of the debts.
claimed amount by the due date for payment of the amount.
Information relating to the adjudication of payment claims is Record keeping
outlined in Division 2, Part 3 of the Act. A head contractor must keep records in the form of a ledger
to keep track of things such as the amounts deposited into or
Key points: Adjudication withdrawn from the account. The ledger is to be provided to
• The Security of Payment laws provide rules relating to an the subcontractor at least once every 3 months, or as often
adjudication application, such as the number of days an as may be agreed in writing by the head contractor and the
application must be made within. For more details see section subcontractor (but at least once every 6 months).
17 of the Act.
• A claimant may withdraw an adjudication application at any
time before an adjudicator has been appointed or before the Definitions: key terms
application is determined. Principal means the person for whom construction work is to
a Authorised nominating authorities (organisations authorised be carried out or related goods and services supplied under
by the Minister) refer adjudication applications to an eligible a construction contract (the main contract) and who is not
adjudicator. The eligibility criteria for adjudicators is detailed in themselves engaged under a construction contract to carry out
clause 19 of the Regulation. construction work or supply related goods and services as part
of or incidental to the work or goods and services carried out or
Trust account requirements supplied under the main contract.
If a head contractor has a construction contract with a principal Head contractor means the person who is to carry out
that has a value of at least $20 million, the head contractor has construction work or supply related goods and services for
an obligation to: the principal under a construction contract (the main contract)
/ Hold retention money in trust for the subcontractors entitled and for whom construction work is to be carried out or related
goods and services supplied under a construction contract as
to the money.
part of or incidental to the work or goods and services carried
/ Ensure that the money is paid into and retained in a trust
out or supplied under the main contract. Note—There is no
account established with an authorised deposit-taking
institution (ADI) approved under section 87 of the Property and head contractor when the principal contracts directly with
Stock Agents Act 2002. subcontractors.
/ Ensure the retention money is paid into the trust account Subcontractor means a person who is to carry out construction
work or supply related goods and services under a construction
no later than 5 business days after the head contractor is
contract otherwise than as head contractor.
required to retain the retention money.
Claimant means a person by whom a payment claim is served.
What is retention money? Respondent means a person on whom a payment claim is
served.
Retention money means money that is retained by a head
contractor out of money that the head contractor is required to
This fact sheet must not be relied on as legal advice.
pay to a subcontractor under a construction contract as security For more information about this topic, refer to the appropriate legislation. ©
for the performance of obligations of the subcontractor under the State of New South Wales (NSW Fair Trading).
contract. See NSW Fair Tradings copyright policy at falrtradlng.nsw.gov.au or email
For example, 5% of the contract's value may be held as the publications@finance.nsw.gov.au
retention money, or there could be an arrangement where Approved form under: Home Building Regulation 2014 (clause 8)
there will be a 10% deduction from each of the subcontractor's
progress payments which is kept as the retention money
component. Each construction contract may contain different
terms and can be negotiated.

fairtrading.nsw.gov.au 133220
Fair Trading Security of Payment Guide J February 2021
Local network oastomercareQbright-duggan.com.au
CrowsNest I Dee Why I Rose Bay bright-duggatcom.au
bright & duggan Cronulla I Sydney Obwpk Park I Fkriter P0 Box 281 Crows Nest NSW 1585
QLD network P:0299027100
austratia% strata leader Southport I Hope Wand I Brisbane MN32001554 650

Strata Works Agreement

Bill To: Billing Address: Order No: 00243091


Strata Plan No. 15290 37-43 Alexander Street Order By: pravin.pai
Crows Nest NSW 2065 Order Date: 23 Nov 20
Quote No:
120 Shirley Road
Wollstonecraft NSW 2065
Account Manager. Chris Sibraa

ATTENTION TO:
Contractor Name RHM Consultants Tel: 0298196022
and Address: P0 Box 259 Fax: 0298197134
DRIJMMOYNE NSW 1470
Mobile:
Email:

SITE CONTACT:
Name: Andrew Tel-H:
Unit No: 2 Tel-W:
Mobile: 0430 199 971

JOB DETAILS:
Property Affected: Common Property

Address: 120 Shirley Road Wolistonecraft NSW 2065


Job Description:
Please attend to the below:

Inspect to have an engineer report on the structural crack in unit 4 boundary side wall

Please advise us AND the site contact when you have COMPLETED this work order.

Invoice to be made with THE STRATA PLAN NUMBER and our WORK ORDER NUMBER stated
clearly and sent to accpayable©bright4uggan.com.au

INVOICE FORMAT TO BE SENT TO US IN PDF

Thank you.

Invoices MUST be made out to the Strata Plan Number with our Order Number
stated clearly and emailed to accpayable©bright-duggan.com.au ONLY
WE DRAW YOUR ATTENTION TO ATTACHED
Strata Works Agreement - Conditions of Work Engagement
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Residual Document Version 04

Lodger Details
Lodger Code 503902B Land Registry Document Identification

AR911351
Name BUILDING BYLAWS
Address PO BOX 8274
BAULKHAM HILLS 2153
Lodger Box 1W
STAMP DUTY:
Email SERVICES@BYLAWSASSIST.COM.AU
Reference BLA/4356

Consolidation/Change of By-laws
Jurisdiction NEW SOUTH WALES

Privacy Collection Statement


The information in this form is collected under statutory authority and used for the purpose of maintaining publicly searchable registers and
indexes.

Land Title Reference Part Land Affected? Land Description


CP/SP15290 N

Owners Corporation
THE OWNERS - STRATA PLAN NO. SP15290
Other legal entity

Meeting Date
16/11/2021

Repealed by-law No.


Details N/A
Added by-law No.
Details Special By-law No.3
Amended by-law No.
Details N/A

The subscriber requests the Registrar-General to make any necessary recording in the Register to give effect to this instrument, in respect of
the land or interest described above.
Attachment
See attached Conditions and Provisions
See attached Approved forms

Execution
The Certifier has taken reasonable steps to verify the identity of the applicant or his, her or its administrator or attorney.
The Certifier holds a properly completed Client Authorisation for the Conveyancing Transaction including this Registry Instrument or
Document.
The Certifier has retained the evidence supporting this Registry Instrument or Document.
The Certifier has taken reasonable steps to ensure that this Registry Instrument or Document is correct and compliant with relevant legislation
and any Prescribed Requirement.
Executed on behalf of THE OWNERS - STRATA PLAN NO. SP15290
Signer Name SIMONE KASAD
Signer Organisation SIMONE KASAD
Signer Role PRACTITIONER CERTIFIER
Execution Date 24/02/2022
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Req:R397261 /Doc:DL AR911351 /Rev:25-Feb-2022 /NSW LRS /Prt:25-Feb-2022 15:25 /Seq:14 of 19
© Office of the Registrar-General /Src:LEGALSTREAM /Ref:SP 15290
Req:R397261 /Doc:DL AR911351 /Rev:25-Feb-2022 /NSW LRS /Prt:25-Feb-2022 15:25 /Seq:15 of 19
© Office of the Registrar-General /Src:LEGALSTREAM /Ref:SP 15290
Req:R397261 /Doc:DL AR911351 /Rev:25-Feb-2022 /NSW LRS /Prt:25-Feb-2022 15:25 /Seq:16 of 19
© Office of the Registrar-General /Src:LEGALSTREAM /Ref:SP 15290
Req:R397261 /Doc:DL AR911351 /Rev:25-Feb-2022 /NSW LRS /Prt:25-Feb-2022 15:25 /Seq:17 of 19
© Office of the Registrar-General /Src:LEGALSTREAM /Ref:SP 15290
Req:R397261 /Doc:DL AR911351 /Rev:25-Feb-2022 /NSW LRS /Prt:25-Feb-2022 15:25 /Seq:18 of 19
© Office of the Registrar-General /Src:LEGALSTREAM /Ref:SP 15290
Req:R397261 /Doc:DL AR911351 /Rev:25-Feb-2022 /NSW LRS /Prt:25-Feb-2022 15:25 /Seq:19 of 19
© Office of the Registrar-General /Src:LEGALSTREAM /Ref:SP 15290

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