88470_ma_20140305

OWNERS CORPORATION 4 PLAN NO. 433545 2 GRAHAM STREET, PORT MELBOURNE

NOTICE TO OWNERS

INTERIM DECISIONS OF ANNUAL GENERAL MEETING

We enclose for your retention Interim Decisions of the recently held Annual General Meeting.

DALLAS McLAREN Manager Direct Telephone : 8531 8109 Email : [email protected] 12 July 2015

Please see information regarding our website on the reverse side of this page.

Member of Strata Community Australia (Vic)

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INTERNET SITE We invite you to register with us to enable you to access details regarding the Owners Corporation. HOW DO I REGISTER? If you have access to the internet and have not yet visited our site, we would invite you to do so and register by carrying out the following steps: To register: • Go to www.vbcs.com.au • Click on “Your Property” at the top of the screen • Supply your BPay reference number where requested. Your BPay reference number appears on your Levy Notice. • Fill in registration details • A confirmation email with password will be posted to the address held by VBCS • Store this password. When registered: • Go to www.vbcs.com.au • Click on “Your Property” at top of the screen • Enter your BPay reference number which appears on your Levy Notice • Click on Log In. You will then be asked for your password, and you can then gain access to the site. All minutes are shown in a column to the left. We set out below information about the Victoria Body Corporate Services Pty Ltd website. GENERAL WEBSITE – Available to public at large This provides general information to the public which includes the following: • General information about Victoria Body Corporate Services Pty Ltd; • Legal Requirements when selling your property; • General Owners Corporation information detailing functions of a Owners Corporation, legal requirements of a Owners Corporation; and • Where to obtain a copy of current Owners Corporation Act. RESTRICTED WEBSITE – Only available to clients of Victoria Body Corporate Services This website has been developed to allow both members and tenants to access information regarding the Owners Corporation from any computer that has access to the Internet. The website provides the following information : • Your financial status • i.e. details of contributions payable, amount paid etc • Your contact details - address and telephone details • Insurance details summary • Insurance Policy wording • Notice of Annual General Meeting • Minutes of Annual General Meeting

• • • • • • • •

Special Levies Additional Rules (if applicable) Relevant circulars Standard Owners Corporation Rules House Rules (if applicable) Swimming Pool Rules (if applicable) Car Parking Rules Circulars sent to all residents

In conformity with privacy regulations the website restricts access to certain information dependent on your status with the Owners Corporation. For example, “Your Financial Status” and your “Contact Details” can only be accessed and viewed by you. Tenants will have more limited access and will be able to view documents that are relevant to an occupier such as: • Model Rules • Additional Rules (if applicable) • House Rules (if applicable) • Swimming Pool Rules (if applicable) • Car Parking Rules • Circulars sent to all residents WHAT HAPPENS IF I HAVE MORE THAN ONE PROPERTY? Should you have more than one property with Victoria Body Corporate Services, we provide the added convenience to link all your properties to one User-ID and password. Once you have registered and are able to access the website, there will be a provision for you to link multiple properties on one username and password. DOES THIS REPLACE PAPER DOCUMENTATION NORMALLY SENT? The information on our website does not replace the hard copy information currently forwarded by mail. It provides a complementary source of information which can be accessed at any time from an internet enabled computer.

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OWNERS CORPORATION 4 PLAN NO 443545 2 GRAHAM STREET, PORT MELBOURNE INTERIM DECISIONS OF THE 2013 ANNUAL GENERAL MEETING OF MEMBERS OF OWNERS CORPORATION 4 PLAN NO. 443545 HELD AT 64 FENNELL STREET, PORT MELBOURNE ON WEDNESDAY, 5 MARCH 2014 AT 6.00PM PRESENT :

Name

Unit

Ms P. Macey Ms O. Rudyk Mr B. McKimmie representing Mr I. & Mrs G. Leaves Ms C. Nitsos Mr K. Laing representing Mrs C. Holland Ms S. Furlong Mr A. Grigorian Mr M. Duffy Mr M. Letts Mr P. & Mrs J. Hammett Ms L. Place Mr D. & Mrs R. Paterson Mr I. Prasad Mr R. Ball Mrs R. Shepherd Mr M. Dixon Mr D. Powell

9 16 147 157 159 163 250 255 260 344 346 354 359 410 501 506 601 602 603

IN ATTENDANCE :

Mr Dallas McLaren, Victoria Body Corporate Services Pty Ltd

APOLOGIES :

Mrs K. Perham Mr D. Brearley Mr J. Ford Mr J. Hall

PROXIES :

Mr B. McKimmie was appointed as proxy for Mrs A. McKimmie Ms E. Barter Mr K. Laing was appointed as proxy for Mrs M. Laing Mr R. Ball was appointed as proxy for Mr J. Ford

257 266 504 507

147 149 163 504

CHAIRPERSON :

IT WAS RESOLVED to appoint Mr Dallas McLaren to act as the Chairperson of the Meeting.

MINUTES OF PREVIOUS ANNUAL GENERAL MEETING :

IT WAS RESOLVED that the Minutes of the Annual General Meeting held on 13.3.2013 as presented to the Meeting be confirmed as a true and accurate account of proceedings at that Meeting.

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FINANCIAL STATEMENTS :

IT WAS RESOLVED to approve and adopt the Financial Statements prepared by Victoria Body Corporate Services and consisting of the following: (a) Statement of Financial Performance for the year ended 31.12.2013. (b) Statement of Financial Position as at 31.12.2013.

COMMITTEE REPORT :

IT WAS RESOLVED to receive the Committee Report tabled by the Chairman (attached).

COMMITTEE OF MANAGEMENT :

IT WAS RESOLVED that a Committee of 12 Members be appointed until the next Annual General Meeting. The following were declared duly elected as Members of the Committee of the Owners Corporation. Name

Unit No.

Ms P. Macey Ms O. Rudyk Mr B. McKimmie Mrs G. Leaves Ms S. Furlong Mrs K. Perham Mr A. Grigorian Mr M. Letts Mr I. Prasad Mr J. Ford Mr R. Ball Mr M. Dixon

9 16 147 157 255 257 260 346 501 504 506 602

IT WAS FURTHER RESOLVED that the Committee may determine the notice to be given for a committee meeting and is not required to give three (3) days notice as set down in section 109 of the Owners Corporations Act 2006. DELEGATION TO COMMITTEE :

IT WAS RESOLVED that the Owners Corporation delegates by these minutes to the Committee of the Owners Corporation all the powers it may properly delegate pursuant to the provisions of Section 11 of the Owners Corporations Act 2006.

DELEGATION TO MANAGER:

IT WAS RESOLVED that pursuant to Section 11 of the Owners Corporations Act 2006 the Owners Corporation delegate powers and functions to the Manager as set out in these minutes and the Contract of Appointment.

PERSON IN CONTROL OF A BUSINESS UNDERTAKING :

It was acknowledged that the Owners Corporation is the Person in Control of a Business Undertaking in regard to the common property for the purposes of occupational health and safety legislation.

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FEES TO COVER GENERAL ADMINISTRATION & MAINTENANCE 1.1.2014 to 31.12.2014:

IT WAS RESOLVED that pursuant to Section 23 of the Owners Corporations Act 2006, an amount of $374,855 including GST, if applicable, be raised to meet the anticipated expenses for the current financial year of the Owners Corporation being 1.1.2014 to 31.12.2014. This Fund is to remain in force until the next Annual General Meeting. This amount comprises of:

FEES :

Administration Fund $253,205 Maintenance Fund $121,650

The fees per unit for the QUARTER commencing 1st January, April, July and October. SEE FEE SCHEDULE ATTACHED IT WAS RESOLVED that pursuant to section 31 of the Owners Corporations Act 2006 the Manager will issue fee notices in the approved form and that the Date of Notice will be the production date of that notice.

LATE PAYMENT OF ADMINISTRATION FUND AND LEVIES :

IT WAS RESOLVED that Maintenance charges and levies are payable within 28 days of the date of notice. IT WAS FURTHER RESOLVED that the Owners Corporation will, pursuant to section 29 of the Owners Corporations Act 2006, apply interest to the amounts owing by a member after the due date at the rate fixed from time to time under the Penalty Interest Rates Act 1983. IT WAS RESOLVED FURTHER that the costs incurred by the Owners Corporation in recovering fees and levies due under Section 32 of the Owners Corporations Act 2006, Act No. 69/2006, will be fully recoverable from the indebted lot owner. This includes administrative fees charged to the Owners Corporation by the Manager and all legal fees incurred as a result of the failure to pay levies, fees and charges due.

ARREARS AS AT DATE OF MEETING :

The Manager advised the Meeting that there were a small number of owners in arrears as at date of Meeting. IT WAS RESOLVED that if these arrears are not paid, the Manager is instructed at his discretion to take legal action for recovery of same.

OCCUPATIONAL HEALTH & SAFETY :

The Manager reminded members that compliance with the OH&S regulations is an ongoing obligation. Members should regularly monitor the property and advise the Manager of any new issues that may arise.

VBCS PLUS / CONTRACTORS :

The Manager advised the meeting that: •

the Owners Corporation should only engage contractors who have public liability insurance and where required, necessary licensing; and 5 of 10

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VBCS PLUS / CONTRACTORS : CONTINUED

•

• •

if a contractor engaged by the Owners Corporation, by act or omission, gives rise to a claim against the contractor and the contractor does not have the necessary insurance, an injured party may seek damages from the company; and VBCS has a system which records details of contractor’s insurance and licensing; and when seeking quotations on behalf of owners corporations or issuing work orders VBCS will only deal with those contractors who have provided public liability insurance and where required, necessary licensing, unless specifically directed by the Owners Corporation.

IT WAS RESOLVED that the Manager is only to request quotations from and instruct works to be undertaken on behalf of the Owners Corporation, by contractors who have provided to the Manager details of current public liability insurance and if required, licensing. IT WAS FURTHER RESOLVED that if the Owners Corporation appoints a contractor for which the Manager does not have a record of the current public liability insurance and if required, licensing or it directs the Manager to engage such a contractor on its behalf, the Owners Corporation accepts liability for any claim which may arise by an act or omission of the contractor. GENERAL BUSINESS

AIR CONDITIONING:

Mr Grigorian asked why the air conditioning in foyers were running up to 12 hours per day which he feels is wasting electricity. Mr Ball responded noting the Committee had discussed this matter previously, however invited Mr Grigorian to table at the next committee meeting.

ELEVATOR :

Mr Grigorian complained about the state of the panelling in the elevators. Mr Ball advised members that Committee had obtained a quotation to refurbish the three lifts being $28,000 each. The Committee is obtaining another quotation. Mr Grigorian was invited to table this matter at the next committee meeting.

BUILDING CRACKS:

Mr Prasad complained about longstanding cracks in his apartment which he stated had been inspected but no action taken to rectify. Mr Ball asked Mr Prasad to provide written evidence so Committee can investigate.

THERE BEING NO FURTHER BUSINESS THE MEETING WAS DECLARED CLOSED AT 7.10PM

…………………………………………………………….. Chairperson DATED this

day of

2014

Prepared by VICTORIA BODY CORPORATE SERVICES PTY LTD LOCKED BAG 1291, PORT MELBOURNE 3207 Tel. 8531 8100 12/07/2015 - jhh

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NOTICE PURSUANT TO SECTION 78 OF THE OWNERS CORPORATIONS ACT 2006 As the general meeting did not have a quorum, section 78 of the Owners Corporations Act 2006 determines that the resolutions passed at that meeting are interim resolutions and take effect in accordance with that section. We set out subsections (78(1) to 78(4) inclusive and draw your attention to section 78(4). (1) Subject to subsection (4), if there is not a quorum, the general meeting may proceed but all resolutions are interim resolutions. (2) Notice of all interim resolutions and the minutes of the meeting at which the interim resolution is made must be forwarded to all lot owners within 14 days of the meeting. (3) The minutes must be accompanied by a notice setting out the effect of subsection (4). (4) Interim resolutions become resolutions of the owners corporation— (a) subject to paragraphs (b) and (c), 29 days from the date of the interim resolution; or (b) if notice of a special general meeting is given within that 29 day period and the meeting is held within 28 days after the notice is given, only if confirmed at that meeting; or (c) if notice of a special general meeting is given within that 29 day period and the meeting is not held within 28 days after the notice is given, at the end of that 28 day period. Note The effect of subsection (4) is that an interim resolution cannot be acted on for 29 days after it is made but if notice of a special general meeting is given within that 29 day period, the interim resolution cannot be acted on until the resolution is confirmed at that meeting (which must be held within 28 days after the notice is given) or if the meeting is not held, until the end of that 28 day period.

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Owners Corporation 4 (OC4) Report The Park Apartments - 5th March 2014 OC4 Committee for 2013: Robert Ball Grace Leaves Karen Perham

Michael Dixon Mark Letts Olga Rudyk

John Ford Pat Macey

The OC4 Committee met 5 times over the last 12 months. Thanks must go to each committee member for the considerable amount of personal time and effort they contributed over the last 12 months. The following activities were undertaken: • Breezeway Slab. With the movement of the 8 Graham Street and 3 Seisman Place buildings, a crack developed between the two buildings. The eight planter boxes on the breezeway slab were removed (weighing two tonne each). Structural engineers were engaged to help with the column design to support the slabs. Repair work could not be commenced until the engineers provided written certification of the solution (developed in consultation with Keith Laing). Certification was obtained 4 March 2014 and repairs have now commenced. • OC4 External Refurbishment. A considerable amount of work has been done with this major project. As mentioned last year, resident Keith Laing kindly agreed to be co-opted to a small sub-committee for this specific project. Our first task was to trial the capping the external walls. This trial was successfully completed in April. The major cost for this refurbishment project related to scaffolding. The sub-committee investigated a more cost effective solution involving the purchase and installation of swing stages to provide permanent access to the building’s facades. Keith Laing has worked tirelessly with our engineers on detailed designs for the total solution. We are currently finalising the technical specifications for the installation of davit bases. In the meantime, the committee recently agreed to proceed with capping walls not requiring scaffolding access. It should again be stressed this is a major undertaking and every effort is being made to ensure the work undertaken is a long term solution. The sub-committee is very aware of the need to keep the overall cost to a minimum. General external repairs continue to be undertaken. • Security. We had one break-in last year. A copy of the CCTV footage was provided to the police within 24 hours – this can be viewed on our website www.thepark.org.au. It should be noted that illegal access has always occurred with the intruder entering after a resident’s car has entered/exited – please wait until the door closes. Residents are reminded to report any security issues to the Building Manager (Mal Jeka).

Owners Corporation 4 Report – 5 March 2014

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• Plumbing 8 Graham Street. Due to difficulties experienced at a ground floor apartment in 8 Graham Street, the plumbing configuration was modified to eliminate a design problem associated with sewerage. • General Maintenance. The sub-committee is keen to concentrate on preventative maintenance. A resource has been engaged to document maintenance tasks so they can be incorporated into a formal scheduled maintenance program. • Maintenance Painting. Maintenance painting (as opposed to a full paint as detailed under the Maintenance Plan) was carried out in most internal areas over the last 12 months. • Owners Corporation 1. The OC1 committee comprises of equal representation from all the OC’s (2, 3, 4 and 5). Three OC4 members (Robert Ball, Karen Perham and Olga Rudyk) were our representatives on the OC1 Committee. OC1 has a number of sub-committees with OC4 members actively involved, namely: o Finance – represented by Robert Ball (convenor) and Bryan McKimmie. This subcommittee reviews financial reporting and insurance. o Building / Maintenance – represented by Robert Ball (convenor) and Keith Laing. Tackling long-term maintenance problems, especially those related to water leaks associated with minor building movements. o Gardening – represented by Olga Rudyk (convenor until October), Pat Macey and Robert Ball (as OC1 deputy chair). Last year the major focus was to fill gaps in the gardens and repair our extensive sprinkler system. Just a reminder that The Park Apartments has a website www.thepark.org.au which contains valuable information about our complex. Please take the time to review the information. The committee would like to thank Dallas McLaren and the team at Victorian Body Corporate Services (VBCS) who have provided professional support services to the committee and all owners. All owners/residents are encouraged to register their email address with VBCS so circulars can be sent electronically. Just go to their website www.vbcs.com.au. A special word of thanks must go to Mal Jeka (Building Manager) for the excellent service provided since he commenced at The Park Apartments in June, taking over from Michael Bourke. Thanks also to the Maintaining Melbourne team (Eleni, Dan and James) for their ongoing cleaning and maintenance across The Park Apartments. If you require more information [email protected]

on

any

matters

raised

in

this

report,

please

email

Regards

Robert Ball (OC4 Chair).

Owners Corporation 4 Report – 5 March 2014

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