THE OWNERS, FIRST MORTGAGEES AND COVENANT CHARGES OF LOTS IN STRATA PLAN NO 82697 SANCTUM ADDRESS OF STRATA SCHEME: 25 RICHMOUNT STREET, CRONULLA N.S.W NOTICE OF THE FIRST ANNUAL GENERAL MEETING OF THE OWNERS - STRATA PLAN NO 82697 The First Annual General Meeting of the Owners - Strata Plan No 82697 will be held on 16 November 2009 in unit 304. The Meeting will commence at 6pm. The Agenda for the Meeting is:- 1. To decide whether insurances effected by the Owners Corporation should be confirmed, varied or extended (Annexure 4 on Disk). 2. To decide whether insurance of the kind referred to in Section 88(2) should be taken out. 3. To decide whether any amounts determined under Section 76 should be confirmed or varied (Annexure 2 - on Disk). 4. To decide whether an auditor should be appointed. 5. That the Executive Committee be elected. (The Owners Corporation shall first take nominations and then determine the number of Members to constitute the Committee) 6. To decide what matters or class of matters is to be determined by the Owners Corporation at a General Meeting. 7. To decide whether the by-laws in force immediately before the holding of the Meeting should be amended, added to or repealed. 8. To appoint Metro Strata Managers under Section 27(1) by the Owners Corporation, and to consider which powers, authorities, duties or functions of the Owners Corporation should be delegated to the Managing Agent (Annexure 1 - on Disk). 9. To consider the accounting records and the last preceding financial statements prepared in accordance with the Act, and to confirm the date of the Financial Year End for the Strata Scheme. 10. To decide whether a Caretaker should be appointed under Section 40 B(1) by the Owners Corporation and if a Caretaker is appointed, which function of the Owners Corporation should be delegated to the Caretaker. 11. To discuss the preparation of a plan of anticipated major expenditure to be met from the sinking fund over the next ten years. Date of this Notice: 30 October 2009 PAGE 2
FIRST ANNUAL GENERAL MEETING NOTICE - STRATA PLAN 82697 Attending the Meeting or Voting by Proxy: You should bring this notice with you to the Meeting. If you cannot attend the Meeting and you wish to cast a vote, please complete the enclosed proxy form and return it to our office before the commencement of the Meeting. Voting Instructions for the First Annual General Meeting: You can exercise your voting rights at the meeting in person or by proxy. If you are a corporation your voting rights may be exercised only by your company nominee in person, or by proxy appointed by the corporation. You or your company nominee cannot vote at the Meeting on a motion for an ordinary or special resolution unless the following amounts have been paid before the Meeting:- all contributions levied by the Owners Corporation that are payable at the date of this notice; and any other money that is recoverable by the Owners Corporation from you at the date of this Notice. If you are an owner you cannot vote at the Meeting if a vote is cast by: the mortgagee shown on the Strata Roll for your lot; the covenant chargee shown on the Strata Roll for your lot; or in the case of multiple mortgagees or covenant chargees - the priority mortgagee or chargee shown on the Strata Roll for your lot. Documents the Original Owner Must Hand Over at the Meeting The original owner is required by the Act to deliver the following records to the Owners Corporation at the First Annual General Meeting:- all plans, specifications, certificates, diagrams and other documents relating to the parcel and the building; the Certificate of Title for the common property, the Strata Roll and other notices and records about the Strata Scheme that are in his or her possession; and the accounting records and financial statements kept for the period prior to the Meeting. The original owner does not have to give the Owners Corporation any documents that exclusively evidence his or her rights or that cannot be used for the benefit of the Owners Corporation or the owner.
PAGE 3 FIRST ANNUAL GENERAL MEETING NOTICE - STRATA PLAN 82697 QUORUM 1. A motion submitted at a General Meeting of an Owners Corporation must not be considered, and an election must not be held, unless there is a quorum present to consider and vote on the motion or on the election. 2. There is a quorum for considering and voting on such a motion or at such an election only if: (a) at least one quarter of the number of persons entitled to vote on the motion or at the election is present, either personally or by duly appointed proxy; or (b) at least one quarter of the aggregate unit entitlement of the Strata Scheme is represented by the person who are present and entitled to vote on the motion or at the election, either personally or by duly appointed proxy. Notes on the Motions Motion 1: Insurance Insurance policies currently held by the Owners Corporation are as featured Motion 2 - Insurances - Section 88(2) This motion refers to considering the effecting of Office Bearers Liability Insurance and Fidelity Guarantee Insurance Motion 3: Contributions Contributions to the Owners Corporation are currently set at an annual rate of: Administrative Fund: $46,700.00 Sinking Fund: $10,000.00 A budget detailing estimated receipts and payments is enclosed with this notice.
PAGE 4 FIRST ANNUAL GENERAL MEETING NOTICE - STRATA PLAN 82697 Motion 4 - Auditor This motion is to determine whether the Owners Corporation wishes to appoint an auditor. Motion 5: Election of Executive Committee Members The procedures for electing the Executive Committee of the Owners Corporation are set out in the regulations of the Strata Schemes Management Act 1996. The Meeting will first take nominations for the Executive Committee and decide the number of Executive Committee Members to be elected. Motion 6: Matters to be Determined by Owners Corporation The Owners Corporation can restrict the Executive Committee from voting on certain matters by resolving that they can only be decided at a General Meeting of the Owners Corporation. Other restricted matters that the Executive Committee cannot vote on include motions that have to be decided by a unanimous or special resolution or that otherwise have to be resolved at a General Meeting. Motion 7: By-Laws A copy of the By-Laws currently in force for the Owners Corporation is enclosed with this Notice, including exclusive use by-laws in relation to common property. Motion 8: Appointment of Strata Managing Agent The Owners Corporation can appoint a Strata Managing Agent and delegate to him or her some or all of the functions of the Owners Corporation, its Executive Committee, its Secretary or the other office bearers. However, the Managing Agent cannot be delegated the power to make a further delegation or powers, make a decision on a restricted matter or determine levy contributions. Motion 9: Accounting Records & Financial Statements Information about the Owners Corporation s accounting records will be presented at the Meeting. The latest financial statement for the Owners Corporation is enclosed with this Notice. Motion 10: Appointment of a Caretaker A caretaker is a person who is entitled to exclusive possession (whether or not jointly with another person or other persons) of a lot or common property. The Owners Corporation can appoint a Caretaker to assist in exercising any one or more of the following functions of the owner s corporation for the strata scheme concerned: a) Managing common property b) Controlling the use of common property by person other than the owners and occupiers of lots c) Maintaining and repairing common property A person is not a caretaker if the person exercises those functions only on a voluntary or casual basis or as a member of the Executive Committee. Motion 11: Preparation of a Sinking Fund Budget An owner s corporation must establish a Sinking Fund. The first ten-year sinking fund plan must be on the agenda of the 1 st Annual General meeting and completed by the next Annual General Meeting. Ten year sinking fund plans are required to be in place for the entire life of the strata scheme.
THE OWNERS - STRATA PLAN NO 82697 ADDRESS OF STRATA SCHEME: 25 RICHMOUNT STREET, CRONULLA NSW NOTICE OF AN EXECUTIVE COMMITTEE MEETING The Executive Committee of the Owners - Strata Plan No. 82697 will hold a Meeting immediately following the First Annual General Meeting on 16 November 2009. The Agenda for the Meeting is: 1. That the Secretary, Treasurer and Chairperson of the Executive Committee be appointed. 2. That the Owner s Corporation considers the agreement proposed by Foxtel be adopted (Annexure 3 - on Disk). 3. To confirm that all documents are handed over from the developer as required under the Act: Occupation certificates (within the meaning of the Environmental Planning and Assessment Act 1979) Sewerage line diagrams Maintenance and service manuals 5. That the Owners Corporation authorise and instruct the Managing Agent to obtain/update annually on behalf of the Owners Corporation an Occupational Health & Safety Risk Assessment Report Date of this Notice: 30 October 2009 An owner or the nominee of a corporate owner can attend Executive Committee Meetings but cannot address the meeting unless the Committee agrees. Note: It may be necessary to hold an executive committee meeting following the general meeting. Suggested that at that meeting one of the Motions should be to confirm that the developer has handed over all the relevant information to the owners corporation.