BY-LAWS -of- THE PROPRIETORS, STRATA PLAN NO. 1D-311 SIESTA VILLAS These By-Laws shall be comprised of 2 Schedules hereinafter called the First Schedule and the Second Schedule. The two differ in their requirements for amendment of the provisions of each. FIRST SCHEDULE 1. In these By-Laws: - The Law Means The Strata Titles Registration Law (2013 R.) and the regulations made thereunder. Administrator means an administrator appointed under section 9(2) Building means the building or buildings shown in the strata plan Charge includes Mortgage Common Property means so much of the land for the time being comprised in the Strata Plan that is not comprised in any Strata Lot shown in the Strata Plan. The Corporation means the Strata Corporation known as The Proprietors, Strata Plan No. 1d- 311 The Court means the Grand Court The Executive Committee means the Executive Committee of the corporation as constituted under these By-Laws. Parcel includes land subdivided in accordance with this strata plan registered pursuant to section 10 A Proprietor means the owner of one or more of the Strata Lots comprised in SIESTA VILLAS. Registrar and registration have the meanings ascribed to them in the Registered Land Law (2004 Revision) Special Resolution meansa. In the case of a strata located wholly or partly in a Beach Resort / Residential Zone, Commercial Zone, Hotel Tourism Zone or Industrial Zone, a resolution passed at a duly convened meeting of its corporation by (i) Not less than two-thirds of the votes cast at the meeting; and (ii) The total of the unit entitlements for the strata lots for which votes are counted for the resolution is not less than two-thirds of the total of the unit entitlements for all strata lots included in the strata; and b. In the case of a strata not located in the zones specified in paragraph (a), a resolution passed at a duly convened meeting of its corporation by- (i) Not less than three-quarters of the votes cast at the meeting; and Page 1 of 10
(ii) The total of the unit entitlements for the strata lots for which votes are counted for the resolution is not less than three-quarters of the total of the unit entitlements for all strata lots included in the strata Strata has reference to titles to the ownership of not less than four self-contained units for residential or business purposes (which latter expression includes office accommodation, shops and warehouses, but, subject to section 3 (6) and (7), excludes any part of a hotel), those units being units a. Which are either (i) Detached buildings, divisions or subdivisions of one or more buildings; or (ii) Divisions or subdivisions of a parcel (including any building, subject to section 3 (6) and (7), other than a hotel, thereon); and b. Which may be divided horizontally or vertically from, and may have a common roof and common foundations with one or more other such units, and may share the use of service buildings and other facilities in common, The units being located on a single parcel of land and under the management of a corporation established under this Law. Strata lot means a horizontal or vertical subdivision of a parcel which is shown on a registered plan as a strata lot Strata Plan means a plan of the type referred to in section 4 of the Law Super-majority resolution meansa. In the case of a strata located wholly or partly in a Beach Resort / Residential Zone, Commercial Zone, Hotel Tourism Zone or Industrial Zone, a resolution passed at a duly convened meeting of its corporation by (iii) Not less than three-quarters of the votes cast at the meeting; and (iv) The total of the unit entitlements for the strata lots for which votes are counted for the resolution is not less than three-quarters of the total of the unit entitlements for all strata lots included in the strata; and b. In the case of a strata not located in the zones specified in paragraph (a), a resolution passed at a duly convened meeting of its corporation by- (iii) Not less than nine-tenths of the votes cast at the meeting; and (iv) The total of the unit entitlements for the strata lots for which votes are counted for the resolution is not less than nine-tenths of the total of the unit entitlements for all strata lots included in the strata Unit Entitlement means the number endorsed upon the Strata Plan as specified in By-Law 52 hereto which determines the liability to contribute towards the operating, reserve and capital expenses, the number of votes on a poll and the undivided share in the Common Property appurtenant to a Strata Lot. The Seal means the Common Seal of the Corporation. Siesta Villas means the development the subject of the Strata Plan of SIESTA VILLAS filed with the Register of lands in accordance with the law. Page 2 of 10
The Chairman, Secretary, and the Treasurer of the Executive Committee means any person elected or appointed by members of the Executive Committee to perform those duties for the Corporation. Resolution means a motion Adjournment means to suspend all General or Extraordinary General Meetings until another specified time being no later than 60 days. Termination means to terminate all General or Extraordinary General Meetings. Uniform and Non- Discriminatory means and shall apply to any terms and conditions established by the Executive Committee so that all policy s and administrative implementations thereof shall be applies equally by the Corporation to and between all Proprietors, families and servants of Proprietors, guests, renters, tenants, occupants and invitees of the same. Expressions referring to writing shall, unless the contrary intention appears, be construed as including references to printing, lithography, photography, computer printer output, typing, handwriting, and other modes of representing or reproducing works in a permanent visible form. Unless the context otherwise requires, words or expressions contained in these By-Laws shall bear the same meaning as in the Law, or any statutory modification thereof in force at the date upon which these By-Laws become binding on the Corporation. Article I Duties of Proprietor 1. A proprietor shalla. Permit his corporation and its agents, at all reasonable times on notice (except in case of emergency where no notice shall be required), to enter his strata lot for the purpose of inspecting it and maintaining, repairing, or renewing pipes, wires cables and ducts for the time being listed in the strata lot and capable of being used in the connection with the enjoyment of any other strata lot or common property, or for the purpose of maintaining, repairing or renewing common property, or for the purpose of ensuring that the By-laws are being observed. b. Pay all rates, taxes, charges, outgoings and assessments that may be payable in respect of his strata lot. c. Repair and maintain his strata lot, and keep it in a state of good repair, reasonable wear and tear, damage by fire, storm, tempest or act of God excepted. d. Use and enjoy the common property in such a manner as not unreasonably to interfere with the use and enjoyment thereof by other proprietors or their families or visitors. e. Not use his strata lot or permit it to be used in such a manner or for such purpose as shall cause a nuisance or hazard to the occupier of any other strata lot (whether a proprietor or not) or any member of the household or any guest of such occupier. f. Notify the corporation forthwith upon any change of ownership or of any mortgage charge or other dealing in connection with the strata lot. Article II Duties of Corporation Page 3 of 10
1. The corporation shall a. Control, manage and administer the common property for the benefit of all proprietors. b. Keep in a state of good and serviceable repair and properly maintain the fixtures and fittings (including elevators) used in connection with the common property. c. Where practicable, establish and maintain suitable lawns and gardens on the common property. d. Maintain and repair (including renewal where reasonably necessary) pipes, wires, cables and ducts for the time being existing in the parcel and capable of being used in connection with the enjoyment of more than one strata lot or common property. e. On written request of the proprietor or registered charge of a strata lot, produce to such proprietor or charge, or any person authorized in writing by such proprietor or charge, the policy or policies of insurance effected by the corporation or the receipt or receipts for the last premiums in respect thereof. 2. The corporation maya. Purchase, hire or otherwise acquire personal property for use by proprietors in connection with their enjoyment of common property. b. Borrow monies required by it in the performance of its duties or the exercise of its powers. c. Secure the repayment of monies borrowed by it, and the payment of interest thereon, by negotiable instrument, charge of unpaid contribution, whether levied or not, or charge of any property vested in it, or by combination of those means. d. Invest is it may determine any monies in the fund for administrative expenses. e. Make an agreement with the proprietor or occupier of any strata lot for the provision of amenities or services by it to such strata lot or to the proprietor or occupier thereof. f. Do all things reasonably necessary for the enforcement of the By-laws, and the control, management and administration of the common property. Article III First General Meeting 1. A general meeting of proprietors shall be held within three months after registration of the strata plan. Article IV Subsequent General Meetings 1. Subsequent general meetings (hereafter referred to as annual general meetings) shall be held once each year. Provided that not more than fifteen months shall elapse between the date of the one annual general meeting and that of the next. Article V Extraordinary General Meetings Page 4 of 10
1. All general meetings other than the annual general meetings shall be called extraordinary general meetings. Article VI Calling of Extraordinary General Meetings 1. Every corporation may, whenever it thinks fit, and shall upon a requisition in writing made by proprietors entitled to twenty-five percent of the total unit entitlement of the strata lots, convey and extraordinary general meeting. Article VII Notice of Meetings 1. Seven days notice of every general meeting specifying the place, the date and the hour of the meeting and, in case of special business, the general nature of such business, shall be given to all proprietors and all first charges who have notified their interests to the corporation, but accidental omission to give such notice to any proprietor or to any registered first chargee or non-receipt of such notice by any proprietor shall not invalidate any proceedings at any such meeting. Article VIII Transaction of Business 1. All business shall be deemed special that is transacted at an annual or extraordinary general meeting, with the exception of the consideration of accounts. Article IX No Business Transacted Without Quorum 1. Save as is in these By-laws otherwise provided, no business shall be transacted at any general meeting unless a quorum of persons entitled to vote is present at the time when the meeting proceeds to business. One half of the persons entitled to vote present in person or by proxy shall constitute a quorum. Article X Adjournment for Lack of Quorum 1. If within thirty minutes from the time appointed for a general meeting a quorum is not present, the meeting shall stand adjourned to the same day in the next week at the same time and place, and if at the adjourned meeting, a quorum is not present within thirty minutes from the time of the appointed meeting, the persons entitled to vote present shall be a quorum. Article XI Page 5 of 10
Election of Chairman 1. At the commencement of a general meeting, a chairman of the meeting shall be elected. Article XII Executive Committee 1. There shall be an executive committee of the corporation which shall, subject to any restriction imposed or direction given at a general meeting, exercise the powers and perform the duties of the corporation. Article XIII Composition of Executive Committee 1. The executive committee shall consist of not less than three nor more than nine proprietors and shall be elected at the first general meeting of the corporation and thereafter at each annual general meeting. Article XIV Removal of Executive Committee Member 1. Except where the executive committee member consists of all the proprietors, the corporation, by resolution at an extraordinary general meeting, remove any member of the executive committee before the expiration of his term of office, appoint another proprietor in his place to hold office until the next annual general meeting. Article XV Vacancies on Executive Committee 1. Any casual vacancy on the executive committee may be filled by the remaining members thereof. Article XVI Quorum of Executive Committee 1. The quorum of the executive committee shall be such number as the committee may fix from time to time, being not less than one-half the number of members thereof. Article XVII Election of The Executive Committee Chairman 1. At the commencement of each meeting the executive committee shall elect a chairman for the meeting, and if any chairman so elected vacates the chair during the meeting the executive committee shall elect in his stead another chairman. Page 6 of 10
Article XVIII Voting at Executive Committee 1. At meetings of the executive committee all matters shall be determined by simple majority vote and the chairman shall, in addition to an original vote, have a casting vote in any case which voting is equal. Article XIX Procedure at Executive Committee 1. Subject to these By-laws, the executive committee shall have the power to regulate its own procedure. Article XX Agents and Delegation 1. The executive committee may a. Employ for and on behalf of the corporation such agents and servents as it thinks fit in connection with the control, management and administration of the common property and the exercise and performance of the powers and duties of the corporation. b. Subject to any restriction imposed or direction given at a general meeting delegate to one or more of its members such of its powers and duties as it thinks fit, and may, at any time, revoke such delegation. Article XXI Records and Accounts of Executive Committee 1. The executive committee shall a. Keep minutes of meetings b. Cause proper books of accounts to be kept in respect of all monies received and spent by it. c. Prepare proper accounts relating to all monies of the corporation, and the income and expenditure thereof, for each annual general meeting d. On the application of a proprietor or a charge, or any person authorized in writing by either of them, make the books of account available for inspection at all reasonable times. Article XXII Validity of Proceedings of Executive Committee 1. The validity of the proceedings of the executive committee shall not be affected by any vacancy amongst the members thereof or by any defect of the appointment of a member thereof. Page 7 of 10
Article XXIII Voting at General Meeting 1. At any general meeting a resolution by the vote of the vote of the meeting shall be decided on a show of hands unless a poll is demanded by any proprietor present in person or by proxy. Unless a poll is so demanded a declaration by the chairman that a resolution has, on a show of hands, been carried shall be conclusive evidence of the fact without proof of the number of proportion of votes recorded in favour of or against such resolution. A demand for a poll may be withdrawn. Article XXIV Taking of a Poll 1. A poll, if demanded, shall be taken in such manner as the chairman thinks fit, and the result of the poll shall be deemed to be the resolution of the meeting at which such poll was demanded. Article XXV Casting Vote 1. In the case of equality in the votes, whether on a show of hands or on a poll, the chairman of the meeting shall be entitled to a casting vote in addition to his original vote. Article XXVI Allocation of Votes 1. On a show of hands each proprietor shall have one vote. On a poll the votes of proprietors shall correspond with the unit entitlement of their respective strata lots. Article XXVII Votes by Proxy 1. On a show of hands or on a poll, votes may be given either personally or by proxy. Article XXVIII Proxy Instruments 1. An instrument appointing a proxy shall be in writing under the hand of the appointer or his attorney, and may be either general or for a particular meeting. A proxy need not be a proprietor. Article XXIX Entitlement to Vote Page 8 of 10
1. Except in cases whereby or under this Law a super-majority resolution is required, no proprietor shall be entitled to vote at any general meeting unless all contributions payable in respect of his strata lot have been duly paid. Article XXX Co-Proprietors Voting 1. Co-proprietors may vote by proxy jointly appointed by them, and in the absence of such proxy shall not be entitled to vote on a show of hands, except when the super-majority resolution of proprietors is required by this Law; but any one co-proprietor may demand a poll, on any such poll a proprietor shall be entitled to such part of the vote applicable to a strata lot as proportionate to his interest in the strata lot. The joint proxy, if any, on a poll shall have a vote proportionate to the interests in the strata lot of such of the joint proprietors as do not vote personally or by individual proxy. Article XXXI Successive Interests of Proprietors 1. Where the proprietors are entitled to successive interests in a strata lot, the proprietor entitled to the first interest shall alone be entitled to vote, whether on a show of hands or a poll; and this By-law shall be applicable whether by this Law or the super-majority resolution of proprietors is required or not. Article XXXII Trustees 1. Where a proprietor holds his strata lot as a trustee he shall exercise the voting rights in respect of the strata lot to the exclusion of persons beneficially interested in the trust, and such person shall not vote. Article XXXIII Common Seal 1. Every corporation shall, at the first general meeting held after registration of the strata plan, and may, from time to time, at subsequent general meetings, determine how the common seal of the corporation shall be used. Schedule 2 By-laws amendable by the Corporation Article I Prohibited Use of Strata Lot Page 9 of 10
1. A proprietor shall not a. Use his strata lot for any purpose which may be illegal or injurious to the reputation of the building. b. Make undue noise in or about any strata lot or common property. c. Keep any animals on his strata lot or common property after receiving notice from the executive committee requiring him to refrain from so doing. Article II Restrictions ON Use of Strata Lot 1. When the purpose for which a strata lot is intended to be used is shown expressly or by necessary implication on or by the registered strata plan the proprietor of such strata lot shall not use it or permit it to be used for any other purpose. Page 10 of 10