Marko from Qld Building & Fire Services.

Brendan advised that PBS take full responsibility for all fire related defective items,
full
responsibility of all structural defects/waterproofing defects and responsibility for the repairs to the pool, refer to meeting for
full details.
The defects listed on the report completed by Paul Marko of Qld Building and Fire Services Pty Ltd approximates at a total
rectification
cost of $1,617,400.00. Brendan noted that although it is an approximate figure they do not believe this figure is reflective of
the actual
costs and agreed upon the Committee’s request to put in writing their opinion of total costs.
Building Defects were discussed at the Committee Meeting held on 23 January 2020, noting the potential necessary actions
from the
informal meeting with Brendan McGrath of PBS Building Group Pty Ltd (PBS). The Committee agreed that a member of the
Committee
would need to communicate the discussions from the informal meeting to Paul Marko before the next Defects Inspection
which was
scheduled for 29 January 2020. It was resolved that the Chairperson contact Paul Marko to advise of the discussions
formulated in the
informal meeting and request advice on the Body Corporate engaging an independent arbitrator on items that cannot be
agreed upon
when attempting to resolve items on the Defects Report.
The Statement of Claim which was approved at the Extraordinary General Meeting held on 19 December 2019 to be served
on PBS
was agreed to be deferred until 28 February 2020, following the meeting scheduled for 26 February 2020 with PBS. It was
resolved
that: the Committee would base their decision to serve the Statement of Claim on PBS progressing on rectification work;
where possible,
have items 31, 34, 59, 70, 75, 77, 77(b), 78, 81, 82, 99 and 107 of the defects reports that are of the concern to the Body
Corporate; the
Legal Deed from PBS is received accepting responsibility to rectify the pool area defects; all fire-rate related defects are
rectified by 26
February 2020, or a timeline of rectification is provided by PBD; all structural/waterproofing related defects are rectified by
26 February
2020 or a timeline of rectification is provided by PBS; that an independent arbitrator to mediate is engaged/agreed to
determine a
resolution on and necessary defects, refer to Defects Reports undertaken by Paul Marko.
The Body Corporate Manager advised that there is not a list of outstanding defects as they are still disputing some things.
The Building
Manager confirmed at the Committee Meeting held on 27 January 2021 that Shane Bradnock has repaired the Level 8
ceiling void hole
in the firewall at a cost of $247.50. This item can be closed off the defects item list and removed from future meeting
agendas. It was
resolved at the Extraordinary General Meeting held on 20 January 2021 to enter into a Deed of Settlement to resolve the
dispute which
is the subject of Supreme Court proceeding, filed against PBS Building Pty Ltd for breach of contract arising from the
numerous items
of defective building work at the scheme, refer to minutes and Deed of Settlement & Release for outstanding defects and to
correspondence dated 19 February 2021 in relation to the pool are and slab leaks.
The Body Corporate Manager advised that Paul Marko will be meeting with PBS. Replacement of the plant springs on the
Chillers as
recommended by Paul Marko in the Defects Report was approved at the Committee Meeting held on 27 January 2021, with
the quotation
from Premier Group accepted at a cost of $5,138.10. It was further noted at this Meeting that PBS Building Pty Ltd have 8
weeks from
the date the Deed was signed to rectify the remaining defects, which is until 18 March 2021. PBS has 6 months to rectify
defect item 35
which is until 21 July 2021 and the Body Corporate has a 12 month defect liability period starting from the date that all
defects have been
rectified, excluding item 35.
It was noted at the Committee Meeting held on 31 March 2021 that Premier Group had completed the plant spring
replacement and
that Paul Marko had inspected the item and has been marked as complete on the Version 16 Defects Report. The Body
Corporate
Manager advised that Version 16 of Paul Marko’s Defects Report was recently circulated and there are a number of items
still outstanding
from PBS Building to complete. It was resolved that the Body Corporate Manager would circulate Version 16 of the Defects
Report for
Grace Lawyers to provide advice on any action required by the Committee. Refer to attached Defects Report Version 16.
Updates were provided at the Committee Meeting held on 28 July and 10 November 2021, please see attached minutes for
details. The
Committee discussed defect rectifications at the Committee Meeting held on 25 January 2022. It was requested that the
Body Corporate
Manager contact Paul Marco for an update. An update on defect rectifications was provided at the Committee Meeting held
on 6 June
2022, please see attached minutes for details. At the Committee Meeting held on 24 January 2024 it was resolved to
contact Paul Marko
from QFES for further advice on the recommendations for the cracks in the basement. It was also resolved at the meeting
that the
Committee agree with recent advice from Paul Marko which suggest that the rust on the balcony balustrade is not of
concern and that
no further action is required at this time.
The Body Corporate ratified the Committee’s approval for repairs to anchor points at the Committee Meeting held on 23
January 2020
at a cost of $3,025.00.
A discussion took place at the Committee Meeting held on 23 January 2020 in relation to the growth of mould in the
residential refuse
room that is reported to have originated from lack of ventilation in the room. The Building Manager tabled a quotation to
install airconditioning
which is a recommended avenue to minimise mould at a cost of $12,500.00. It was suggested that other options be explored
such as installing vents and requesting PBS Building Group Pty Ltd (PBS) to investigate the issue as a defective item. The
Body
Corporate ratified the approval given prior to the Committee Meeting held on 27 January 2021 for All Cool Industries to
supply and install
an air conditioner in the residential refuse room to prevent mould and minimise the smell in the room particularly in the
summer months
at a cost of $12,500.00. Further, the Committee Meeting requested the Building Manager to contact All Cool Industries to
request
information as to whether the air conditioner will need to be serviced and provide information to the Committee.
It was noted at the Committee Meeting held on 23 January 2020 that subsequent to the informal meeting with Brendan
McGrath from
PBS, the Committee reiterated that it would be prudent to act on the opportunity to upgrade the pool area when the
defective items are
being rectified. PBS have advised that they will be able to provide a quotation to upgrade the area to a scope provided by
the Committee,
however, would also like a comparable quotation to consider. It is noted that the cost of the improvement will not be covered
by PBS
and will be at the Body Corporate’s expense. It was noted at the Committee Meeting held on 3 August 2020 that a
Committee Member
had been working with Paul Marko and PBS Building Group to finalise the pool rectification under warranty and the Body
Corporate
upgrades, refer to minutes for rectification required to be attended to by PBS. The Body Corporate approved the Body
Corporate pool
refurbishment project at a cost of $47,676.00 plus GST. At the Committee Meeting held on 27 January 2021 the Building
Manager
advised that the pool area works and acid wash have been completed, however, the tile contractor is due to return as there
is leftover
glue that cannot be cleaned off with a gurney and some grey tiles that have white patches. It was noted that PBS Building
Pty Ltd (the
original owner) have also been onsite investigating the issue.
At the Committee Meeting held on 23 January 2020 the meeting discussed the advice from Paul Marko following the
previous meeting
about the noted defect of the lighting protection system. Paul Marko recommended to repair the third surge diverter and
close out the
items as the strike appears low for the age of the building. The Body Corporate accepted the quotation from Queensland
Power
Protection to repair and certify the system at a cost of $1,914.00. Please see attached report dated 10 June 2022 for details.
The Body Corporate accepted the quotation from WBS Technology at the Annual General Meeting held on 3 March 2020 to
replace the
emergency light systems with LED emergency lights at a total cost of $161,997.00. The Building Manager advised at the
Committee
Meeting held on 27 January 2021 that the emergency lighting upgrade works had been completed.
At the Annual General Meeting held on 3 March 2020 the Body Corporate entered into a 5 year Lift Maintenance Agreement
with
ThyssenKrupp at a cost of $39,600.00 per annum, commencing 1 March 2020.
Quotations were tabled at the Committee Meeting held on 27 January 2021 for the replacement of the motor for the loading
bay roller
door that has been out of operation for some time, refer to minutes for costings. The Committee agreed that before they are
able to
confirm a resolution, information on whether Pro Doors have servicing requirements, should their quotation be approved to
ensure the
warranty is valid. A discussion took place at the Committee Meeting held on 31 March 2021 in relation to this matter and it
was resolved
that the Building Manager obtain clarification on the model number, warranty and required servicing as a matter of urgency.
It was noted
at the Committee Meeting held on 6 June 2022 that the Building Manager was awaiting quotations for the replacement of
the roller doors
and frame.
Reflections was engaged at the Committee Meeting held on 27 January 2021 for building wash down, window clean and
awning clean
at a cost of $27,150.00 plus GST and anchor point testing and re-certification at a cost of $2,029.50 plus GST. It was noted
at the
Committee Meeting held on 31 March 2021 that the anchor testing was completed on 24 March 2021 and the building clean
was
scheduled from 19 April 2021.
The Body Corporate ratified the Committee’s approval at the Committee Meeting held on 27 January 2021 for KOZ to install
anti-vandal
taps at a cost of $5,764.83.
A discussion took place at the Committee Meeting held on 27 January 2021 in relation to the unreliable nature of the lifts
which continue
to break down, causing frustration for Occupants. It was noted that Equity Elevators had been engaged to provide advice
and a report
on the performance of the lifts, this Report was not sighted on the records at the time of the inspection, however it was noted
that the
report included recommendations for the Body Corporate to budget in the Sinking Fund $20,000.00 per lift for new car
interiors over the
next 3 to 5 years in addition to replacement of doors. The Committee agreed that there has not yet been a significant
improvement to
the lift functionality, however, require the expertise of a consultant to closely inspect the lift performance and monitor the
current
maintenance and repair contractor, ThyssenKrupp. It was resolved that the Body Corporate Manager request that Equity
Elevators
provide a proposal for a 12 month agreement term with an optional renewal of an additional 2 years. It was noted at the
Committee
Meeting held on 31 March 2021 that the lift breakdowns had improved and the Building Manager continues to update the lift
consultant
Equity Elevators on any breakdowns or issues. Further discussions in relation to lift breakdowns took place at the
Committee Meetings
held on 25 January and 6 June 2022, please see attached minutes for details.
It was noted at the Committee Meeting held on 27 January 2021 that a Common Property Assessment Report, including a
review of the
Caretaking Agreement was recently conducted by Danny Little. It was noted that the Report is extensive and a separate
meeting will
need to be held regarding the action required by the Committee and Building Management. Refer to Report dated 25
November 2020.
It was noted at the Committee Meeting held on 31 March 2021 that the Common Property Assessment Report is still being
reviewed by
the Committee with the assistance of the consultant Danny Little.
The Body Corporate ratified the engagement of Continental Carpets at the Committee Meeting held on 31 March 2021 to
replace the
remaining carpet tiles, totalling $96,000.00 plus GST.
Replacement of the foyer lighting was approved at the Committee Meeting held on 31 March 2021, with the quotation from
Aplus Signage
accepted at a cost of $6,534.00.
AMDI were appointed at the Committee Meeting held on 5 April 2022 to upgrade the CCTV cameras at a cost of $74,413.00
plus GST,
please see attached minutes for details. Please see attached financials statement noting amounts budgeted on
CCTV/access control.
It was resolved at the Committee Meeting held on 5 April 2022 that the Body Corporate provide Owners Consent to Reel
Planning to
make a Development Application, please see attached minutes for details. Further discussions took place at the Committee
Meetings
held on 6 June, 5 September 2022 and 24 January 2023, please see attached minutes for details. At the Committee
Meeting held on 28
March 2023 it was noted that 2 quotations are still waiting to be received in relation to works required to comply with the
conditions of
changing the development approval, and that the timeframes to complete the works may not be achievable due to the delay
in quotations.
It was resolved to contact Reel Planning for advice on how to apply for an extension.
It was noted at the Committee Meeting held on 6 June 2022 that reoccurring window leaks were being reported to the
Onsite
Management. It was resolved that the Building Manager obtain quotations from Reflections to seal windows from the
outside. It was
advised at the Committee Meeting held on 5 September 2022 that Reflections have been unable to provide a quotation for
window leak
repairs. To date the Building Manager has a list of 6 windows that require repair. The Committee requested that the Building
Manager
obtain a quotation for a whole building inspection, anchor point testing, and window leak repairs for Committee approval. At
the
Committee Meeting held on 28 March 2023 the Building Manager advised that there are no current window leaks and an
inspection is
not necessary, and that the matter is now closed.
At the Committee Meeting held on 5 September 2022 the Building Manager advised that he is in receipt of an indicative
price for the
building repaint of $1,029,000.00 for the external painting and $322,000.00 for internal painting. After a lengthy discussion,
the Committee
agreed that the Body Corporate would require a painting specification and project manager. Three quotations for
engagement of a
Project Manager were considered at the Committee Meeting held on 24 January 2023, and it was resolved to ratify the
approval given
prior to the Meeting to engage Asset Project Management at an estimated cost of $24,345.00 plus GST. At the Committee
Meeting held
on 28 March 2023 it was resolved that the Community Manager arrange for a meeting with Asset Project Management and
the Committee
to discuss the outcome of tenders that were issued to 3 reputable painting contractors. See quotations and project
management proposal
attached.
At the Annual General Meeting held on 7 March 2023 the Body Corporate entered into a 5 year Lift Phone Line Monitoring
Agreement
with Connected Buildings at a cost of $1,024.00 plus GST per annum, commencing 31 October 2023 and a 5 year Lift
Consultancy
Agreement with Equity Elevator Consultants at a cost of $3,840.00 plus GST per annum, commencing 14 April 2023.
It was noted at the Committee Meeting held on 28 March 2023 that the Building Manager had circulated a quotation to the
Committee
from All Cool to repair the failing compressor at a total cost of $71,035.00. The Committee noted that, prior to considering
the quotation
further, it would need to be determined if the repair would be included in an insurance claim that has been submitted. It was
resolved
that the Community Manager forward through the outcome of the insurance claim when received. It was also discussed that
previous
Committees have queried the inclusion of the chiller repairs and maintenance in the Metered Energy Embedded Network
Agreement.
The Agreement is due to expire in December 2023 and the Committee are in discussions with alternate service providers to
assist with
comparable proposals. The Committee agreed that previous legal advice in conjunction with records provided by Metered
Energy on
their interpretation of the Agreement would need to be circulated to the Committee for further understanding. It was resolved
to follow
up with Metered Energy for their records on the interpretation of the inclusions of the chillers including previous Committee
correspondence.
A proposal from ADG Engineers was tabled at the Committee Meeting held on 28 March 2023 in relation to cracking in the
basement,
which had been identified by Paul Marko from Qld Building & Fire Services and had recommended that an inspection be
carried out by
a structural engineer. It was resolved that a second proposal be obtained due to the cost of the ADG proposal, that could
total an
estimated $40,000.00, however preference to remain with ADG at Paul Mako’s recommendation.
Air conditioner Service Agreements with All Cool Industries were approved at the Committee Meeting held on 28 March
2023 at a cost
of $878.00 per 6 monthly attendance for maintenance of 9 fans, and $726.00 per quarterly attendance for preventative BMS
controls
maintenance.
It was discussed at length at the Committee Meeting dated 28 March 2023 that PBS had gone into voluntary liquidation, and
the legal
advice sought by the Committee in respect to the items remaining on the Deed of Settlement to be repaired by PBS. It was
resolved to
review the items on the outstanding defects register to then formulate an accurate scope for re-inspection and to arrange a
suitable
contractor to provide a report on the cause of water leaking from the pool area and to obtain 3 quotations for repair for
urgent
consideration.
NOTE: This summary is supplied to allow a quick and superficial overview of the inspection results. This Summary is
NOT the Report and
cannot be relied upon on its own. This Summary must be read in conjunction with the full report and the attachments
provided and not in
isolation from the report. If there should happen to be any discrepancy between anything in the Report/ attachments and
anything in this
Summary, the information in the Report/attachments shall override that which is contained in this Summary. Minutes
have been attached for
reference to enable the purchaser to see the full resolutions and discussions held. The all minutes provided have been
read and a summary
of items with reference to the minutes has been provided above.
MINUTES
ANNUAL GENERAL MEETING MINUTES (AGM)
Annual General Meeting Minutes contained Statutory Motions; minutes contain other matters of interest. Please refer to the
attached
minutes
EXTRAORDINARY GENERAL MEETING MINUTES (EGM)
Refer to the attached Minutes containing matters of interest
COMMITTEE MEETING MINUTES
Committee Meetings are held on a regular basis, please refer to the attached minutes containing matters of interest and
read in
conjunction with the summary provided
CORRESPONDENCE
Please refer to the attached items of correspondence relating to various maters
LITIGATION
Refer to Extraordinary General Meeting held 19 December 2019 resolving to engage Grace Lawyers to file proceedings in
the Supreme
Court of Queensland against PBS Building (Qld) Pty Ltd ACN 114 856 674 for breach of contract arising from the numerous
defective
items identified by Qld Building & Fire Services Pty Ltd in its defects register dated 29 July 2019. The Body Corporate
Manager advised
that the Body Corporate were to serve the Statement of Claim on PBS Building (Qld) Pty Ltd after February 2020 as they
are waiting to
see what they do about defect rectification. Refer to summary above and Extraordinary General Meeting dated 20 January
2021 and
Deed of Settlement & Release
NOTICES/ORDERS (INCLUDING ANY NOTICES IN RELATION TO THE NEIGHBOURHOOD DISPUTES RESOLUTION
ACT 2011)
The following Adjudicators Orders were located on the Department of Justice Website:
• Madison Heights Bowen Hills [2014] QBCCMCmr 332 (11 September 2014)
• Madison Heights Bowen Hills [2019] QBCCMCmr 61 (8 February 2019)
Refer to Committee Meeting Minutes for breach of by-laws and contravention Notices issued
SINKING FUND FORECAST
A Sinking Fund Forecast was obtained in June 2022, a copy of which is attached with this report
WORKPLACE HEALTH & SAFETY
See attached General Safety & Building Fire Safety Compliance Inspection Report dated 2 June 2022
ASBESTOS MANAGEMENT
An Asbestos Report is not required due to the age of the scheme
FIRE SAFETY
See attached General Safety & Building Fire Safety Compliance Inspection Report dated 28 August 2018, Occupiers
Statement dated
28 January 2020, Fire Maintenance Tax Invoice dated 13 January 2021 and Fire Maintenance Reports
Refer to minutes for Fire Maintenance and Rectifications
The Body Corporate entered into a 2 year Fire Maintenance Service Agreement with advance Fire Technology Pty Ltd at a
cost of
$12,738.00 per annum, commencing 3 March 2020
CLADDING COMPLIANCE
Registered the building and completed Part 1 of the Combustible Cladding, refer to Cladding Reports. Refer to Committee
Meeting
dated 28 October 2019 noting that QBCC Combustible Checklist Part 3A was completed prior to the deadline of 31 October
2019, refer
to Cladding Stage 3 checklist dated 29 October 2019. Safer Buildings Group presented a report with 12 samples that were
collected
from the building. All samples were confirmed as being either semi-combustible or highly combustible and this information
contained in
the reports will now be used for the fire engineering assessment. The Body Corporate Manager advised at the Committee
Meeting held
on 23 January 2020 that no further correspondence has been received in relation to the Cladding investigation as required
to complete
the QBCC Cladding Checklist – Part 3 and the Fire Engineers has been ordered with the Brisbane City Council. The Body
Corporate
Manager advised that the Body Corporate are still in talks with the Developer for them to fix the issue, refer also to
correspondence
dated 10 February 2020. At the Committee Meeting held on 27 January 2021 the Body Corporate Manager noted that for
Safer Buildings
to complete the remainder of the Combustible Cladding Checklist by May 2021, PBS Building Pty Ltd will need to forward
through the
updated Fire Engineering Report which is currently underway. The Body Corporate Manager was to follow up Paul Marko,
PBS Building
Pty Ltd and Safer Building on an update on the Fire Engineering Report and the Combustible Cladding Checklist. Refer to
attached
Cladding Part 3 Report dated 30 April 2021 noting the fire strategy is not defeated by the provision of cladding/attachments
to the
building. Therefore, fire safety risk mitigation measures are not required to reduce risk as no building rectification works are
proposed
in component 3. It was noted at the Committee Meeting held on 28 July 2021 that no further action is required
POOL COMPLIANCE
See attached Pool Compliance Certificate
PEST INSPECTIONS
There were no reports sighted in the records inspected - See Statement of Income & Expenditure for amounts budgeted on
Pest
Control/Inspections. Refer to Vendor for copies of reports (if any)
Please refer to the attached Pest Control Service Agreement
Refer to Committee Meeting held on 24 January 2023 resolution to arrange for additional pest control to be installed on
Common Property
to prevent ants from entering the lots. At the Committee Meeting held on 28 March 2023 it was resolved that the Building
Manager
circulate further advice and quotations on heavy bait stations to test in lots highly infected with ants, once they are received.
It was noted
that members present at the Meeting advised that their lots have improved since using “Combat Ant-Rid”. See Minutes for
results of lot
owner survey in relation to ant infestation.
HARMONY
The Body Corporate records indicate that there appears to be a generally good state of harmony within the complex. Issues
with rubbish
being dumped on Common Property have been sighted in the records
BY LAW INFRINGEMENTS
There were no on-going By Law infringements noted in the records
ADDITIONAL INFORMATION:
Records were provided in computer format only
NOTE: Sun City Legal Services cannot be held liable for any failure of the Secretary or managing agent to make all books and records
available for
inspection under Section 205 of the BCCM Act. You should be aware that all of the records may not have been available for inspection
and the records
may not have been complete or sufficiently well organized to allow a thorough inspection. Where documents are held on a computer
based document
management system no warranty can be made as to whether we have been able to accurately identify a record and it might be that there
are important
documents that could not be inspected.
COPIES ATTACHED
Annual General Meeting Minutes
Extraordinary General Meeting Minutes
Committee Meetings
Community Management Statement
Plans
Sinking Fund Forecast Report
Workplace Health & Safety Report