If you would like to participate in the meeting by submitting your votes prior to your attendance, or are unable to attend the meeting in person, please use this Voting Form to cast your votes.
Please clearly mark one of either “YES”, “NO” or “ABSTAIN” for each motion and return in accordance with the instructions below.
The voter (lot owner or proxy holder) must sign and date the last page.
Please Note: AGM is being held for all the Owners Corporations that you are a part of. As such, your votes will only be counted towards the Owners Corporation you are a part of. Below note are the Owners Corporations.
Owners owning within Levels 4 – 8 are a part of Owners Corporations 1,3 & 5.
Owners owning within Levels 20 – 35 are a part of Owners Corporation 1,2 & 3.
This voting paper must be received no later than the closing date, being 1:00 PM, Tuesday, 12 March 2024:
Email (Preferred): bcs_melbourne@bcssm.com.au
Post: Body Corporate Services (VIC) Pty Limited Melbourne VIC 3000
Under regulation 7B of the Owners Corporations Regulations 2018, *I/*We cast *my/*our vote as follows:
Owners register their vote on the following matters by checking the appropriate boxes
1.1 Noting quorum for the AGM.
2.1 Appoint a person to chair the AGM.
Motion
3.1
That the Minutes of the last Annual General Meeting of the Owners Corporation held 10 November 2022 and confirm these as a true record and account of the decisions made at that meeting.
4.1
That the Owners Corporation resolves to adopt current insurance cover for $204,378,000 with CHUBB Insurance. The last valuation was performed by WT Partnerships on 23 June 2023.
4.2
That the Owners Corporation appoints a valuer to conduct a valuation for insurance purposes.
5.1
That the verbal Committee Report be received.
5.2
That the Manager's Report be received.
5.3
That the Dispute Resolution Report/Arrears Waiver of Interest Report be received.
6.1
That the Owner Corprotion resolves to appoint Jeremy Brown-Greaves & Co to conduct an audit of the Owners Corporation financial reports for the period ending 30 June 2024 (All Owners Corporation).
7.1
That the audited financial statements for the period ending 30 June 2023 (which report total members' funds of $968,339.22 – OC1 as per reports attached) be adopted.
7.2
That the audited financial statements for the period ending 30 June 2023 (which report total members' funds of $878,148.38 – OC2 as per reports attached) be adopted.
7.3
That the audited financial statements for the period ending 30 June 2023 (which report total members' funds of $151,372.56 – OC3 as per reports attached) be adopted.
7.4
That the audited financial statements for the period ending 30 June 2023 (which report total members' funds of $48,422.31 – S3 as per reports attached) be adopted.
7.5
That the audited financial statements for the period ending 30 June 2023 (which report total members' funds of $446,699.23 – OC5 as per reports attached) be adopted.
In our ongoing commitment to the welfare and security of our community, the Owners Corporation Committee has been diligently exploring avenues to optimise our operational costs without compromising the safety and integrity of our building. Last year, faced with the escalating challenge of drug-related crimes and other criminal activities within our vicinity, we made the decisive move to enhance our security measures, including the implementation of a 24/7 security service. This decision, though necessary, significantly inflated our budget. The reality of limited police resources in Melbourne to address such concerns directly impacted our approach, necessitating this heightened security presence to ensure the safety of our residents.
Fortunately, these measures have been effective, markedly reducing the incidence of crime within our building. Building on this success, we have now identified a promising alternative security strategy that promises to maintain our achievements in crime prevention while offering a substantial cost saving for our collective. This proposal outlines a comprehensive plan to reduce our annual security budget from 1st April 2024 by $300,000 per annum through strategic adjustments and collaborations, ensuring continued vigilance and safety for all residents while optimizing our financial resources.
Refer to Notes - Item 8 & Annexure A for the proposed Reception Desk License.
9.1
That the Owners Corporation resolves to adopt an alternative security arrangement from 1st April 2024 & reduce the security budget by $300,000 per annumun by:
whilst maintaining the benefit of 24-hour/7-day per week camera surveillance for the building.
9.2
That the Owners Corporation 1 PS636376F by special resolution pursuant to the Owners Corporations Act 2006 resolves to grant and enter into a licence to The Jazz Corner Hotel Pty Ltd and its assigns over part of the common property on the ground floor foyer (as identified in the attached draft licence agreement) for the purpose of installing a reception desk which will operate as a reception desk for the accommodation provider, such licence to be substantially in accordance with the terms as set out in the attached draft licence agreement. The Owners Corporation authorises the two committee members to execute a license agreement substantially in the form of the attached draft licence agreement and take all other necessary steps to implement this resolution.
9.3
That the Owners Corporation 2 PS636376F by special resolution pursuant to the Owners Corporations Act 2006 resolves to grant and enter into a licence to The Jazz Corner Hotel Pty Ltd and its assigns over part of the common property on the ground floor foyer (as identified in the attached draft licence agreement) for the purpose of the installing a reception desk which will operate as a reception desk for the accommodation provider, such licence to be substantially in accordance with the terms as set out in the attached draft licence agreement. The Owners Corporation authorises the two committee members to execute a license agreement substantially in the form of the attached draft licence agreement and take all other necessary steps to implement this resolution.
10.1
Subject to the passing of motions 9.2 & 9.3, or receiving interim special resolution approval of motions 9.2 & 9.3:
10.1.1
That the projection of estimated receipts and payments towards OC1 are $1,567,928.18 Plus GST towards the Administration Fund and $231,885.00 Plus GST towards the Maintenance Fund as attached, be tabled and adopted for the period commencing 1 July 2023.
Note: OC1 includes funds received from OC2, S3 and OC5.
10.1.2
That the projection of estimated receipts and payments towards OC2 are $ 1,100,651.00 Plus GST towards the Administration Fund and $270,189.00 Plus GST towards the Maintenance Fund as attached, be tabled and adopted for the period commencing 1 July 2023.
Note: OC2 includes funds paid to OC1 & OC3
10.1.3
That the projection of estimated receipts and payments towards OC3 are $19,988.00 Plus GST towards the Administration Fund and $17,643.00 Plus GST towards the Maintenance Fund as attached, be tabled and adopted for the period commencing 1 July 2023.
Note: OC3 receives funds from OC2, S3 and OC5
10.1.4
That the projection of estimated receipts and payments Towards S3 are $452,442.00 Plus GST towards the Administration Fund and $71,130.00 Plus GST towards the Maintenance Fund as attached, be tabled and adopted for the period commencing 1 July 2023.
Note: S3 is a part of OC1 & OC3. As it has a separate budget of $0.00 plus GST, hence it is shown separately.
10.1.5
That the projection of estimated receipts and payments towards OC5 are $276,211.00 Plus GST towards the Administration Fund and $82,051.00 Plus GST towards the Maintenance Fund as attached, be tabled and adopted for the period commencing 1 July 2023.
Note: OC5 includes funds paid to OC1 and OC3.
[or]
10.2
In the event Motions 9.2 &/or 9.3 fail to pass or receiving interim special resolution approval, to adopt the following budgets:
10.2.1
That the projection of estimated receipts and payments towards OC1 are $ 1,650,780.00 Plus GST towards the Administration Fund and $231,885.00 Plus GST towards the Maintenance Fund as attached, be tabled and adopted for the period commencing 1 July 2023.
10.2.2
That the projection of estimated receipts and payments towards OC2 are 1,105,557.95 Plus GST towards the Administration Fund and $270,189.00 Plus GST towards the Maintenance Fund as attached, be tabled and adopted for the period commencing 1 July 2023.
10.2.3
10.2.4
That the projection of estimated receipts and payments Towards S3 are $481,790.71 Plus GST towards the Administration Fund and $71,130.00 Plus GST towards the Maintenance Fund as attached, be tabled and adopted for the period commencing 1 July 2023.
10.2.5
That the projection of estimated receipts and payments towards OC5 are $281,941.00 Plus GST towards the Administration Fund and $82,051.00 Plus GST towards the Maintenance Fund as attached, be tabled and adopted for the period commencing 1 July 2023.
Owners Corporation 1
11.1
That fees for OC1 be set in accordance with Section 23 (1) of the Owners Corporations Act 2006 at $75,508.00 Plus GST towards the Administration Fund and $11,167.00 Plus GST towards the Maintenance Fund, to commence on 1 July 2023; and
11.2
That the fees for OC1 be paid in advance in quarterly instalments, the first such instalment being due on 1 July 2023 and subsequent instalments being due as per Table 1 and will continue at the same rate until changed by a resolution by the members of the Owners Corporation at a General Meeting.
11.3
That should there be a shortfall in the funds of the Owners Corporation to meet its statutory and or contractual commitments, including maintaining a current insurance policy then the Owners Corporation Manager may raise a special levy to meet the shortfall in funds to comply with that statutory and or contractual obligation.
TABLE 1 - Owners Corporation 1
Owners Corporation 2
11.4
That fees for OC2 be set in accordance with Section 23 (1) of the Owners Corporations Act 2006 at $1,100,651.00 Plus GST towards the Administration Fund and $271,304.00 Plus GST towards the Maintenance Fund, to commence on 1 July 2023; and
11.5
That the fees for OC2 be paid in advance in quarterly instalments, the first such instalment being due on 1 July 2023 and subsequent instalments being due as per Table 2 and will continue at the same rate until changed by a resolution by the members of the Owners Corporation at a General Meeting.
11.6
TABLE 2 - Owners Corporation 2
Owners Corporation 3
11.7
That fees for OC3 be set in accordance with Section 23 (1) of the Owners Corporations Act 2006 at $19,988.00 Plus GST towards the Administration Fund and $20,196.00 Plus GST towards the Maintenance Fund, to commence on 1 July 2023; and
11.8
That the fees for OC3 be paid in advance in quarterly instalments, the first such instalment being due on 1 July 2023 and subsequent instalments being due as per Table 3 and will continue at the same rate until changed by a resolution by the members of the Owners Corporation at a General Meeting.
11.9
That should there be a shortfall in the funds of the Owners Corporation to meet its statutory and or contractual commitments, including maintaining a current insurance policy then the Owners Corporation Manager may raise a special levy to meet the shortfall in funds to comply with that statutory and or contractual obligation
TABLE 3 - Owners Corporation 3
Owners Corporation S3
11.10
That fees for S3 be set in accordance with Section 23 (1) of the Owners Corporations Act 2006 at $452,442.00 Plus GST towards the Administration Fund and $71,130.00 Plus GST towards the Maintenance Fund, to commence on 1 July 2023; and
11.11
That the fees for S3 be paid in advance in quarterly instalments, the first such instalment being due on 1 July 2023 and subsequent instalments being due as per Table 4 and will continue at the same rate until changed by a resolution by the members of the Owners Corporation at a General Meeting.
11.12
TABLE 4 - Owners Corporation S3
Owners Corporation 5
11.13
That fees for OC5 be set in accordance with Section 23 (1) of the Owners Corporations Act 2006 at $276,211.00 Plus GST towards the Administration Fund and $82,051.00 Plus GST towards the Maintenance Fund, to commence on 1 July 2023; and
11.14
That the fees for OC5 be paid in advance in quarterly instalments, the first such instalment being due on 1 July 2023 and subsequent instalments being due as per Table 5 and will continue at the same rate until changed by a resolution by the members of the Owners Corporation at a General Meeting.
11.15
TABLE 5 - Owners Corporation 5
12.1
That the Owners Corporation acknowledges that the Strata Manager will not issue a Work Order or engage any Contractors for the provision of any goods or services, unless they have complied with the Minimum Requirements as defined in the explanatory note.
Motions
13.1
To elect a Committee;
13.2
That the Committee elect the Chairperson of the Owners Corporation;
13.3
That the Committee elect the Secretary of the Owners Corporation;
13.4
To resolve that the Owners Corporation delegate to the members of the Committee who are members of the Owners Corporation all the powers and functions of the Owners Corporation that may be delegated as set out in the Owners Corporation Act 2006 (see Item 10 of the notes for breakdown);
13.5
To resolve that the members of the Committee also serve as the Grievance Committee.
14.1
To confirm whether to charge (or not to charge) penalty interest in accordance with the conditions set out by the Owners Corporation Act 2006, Act No. 69/2006 Part 3.
15.1
To resolve that the Manager arrange for the issue of debt collection and proceedings against the owner/s of lot/s in arrears, and;
15.2
To resolve that the debt collection and legal cost/s of these proceedings be invoiced back to the owner/s of lot/s who are being pursued for the arrears.
15.3
The Owners Corporation may recover, as a debt due from the person or persons in default or breach, the costs, charges and expenses incurred by the Owners Corporation, (but excluding the personal time cost of any person acting in an honorary capacity including the chairperson, secretary, or Committee member of the Owners Corporation) arising out of any default or breach, by any Lot Owner, or occupier of a lot, of any obligations under the Owners Corporations Act 2006 or the Owners Corporations Regulation 2007 or the Rules of the Owners Corporation.
15.4
The Owners Corporation may recover from any instigating unit owner the cost of any works undertaken for the use of that unit such as but not limited to: - Title Searches, Key Issue / Recovery, Attendance to record searches or other incidentals.
16.1
The Owners Corporation will review its mandatory responsibility in accordance with the Victorian Building Regulations 2006 (Part 11) & OHS Act 2004, Section 21 (3) in relation to the fire services, safety and risk management.
16.2
That the Owners Corporation is to ensure the essential service items are attended to in accordance with the Building Code of Australia.
17.1
That in accordance with The Owners Corporations Act 2006 Section 119, Owners Corporations Regulations 2018 and Owners Corporation Rules:
18.1
That the Owners Corporation 1 PS636376F by special resolution pursuant to the Owners Corporations Act 2006 resolves to vary the existing Plant and Equipment Licence dated 7 June 2013 (Annexure B) to include Lots S10 and S11 and to expand the service equipment area on terms substantially in accordance with the draft Deed of Variation of Plant and Equipment as attached. The Owners Corporation authorises the two committee members to execute a license agreement substantially in the form of the attached Deed of Variation of Plant and Equipment and take all other necessary steps to implement this resolution.
18.2
That the Owners Corporation 2 PS636376F by special resolution pursuant to the Owners Corporations Act 2006 resolves to vary the existing Plant and Equipment Licence dated 7 June 2013 (Annexure B) to include Lots S10 and S11 and to expand the service equipment area on terms substantially in accordance with the draft Deed of Variation of Plant and Equipment as attached. The Owners Corporation authorises the two committee members to execute a license agreement substantially in the form of the attached Deed of Variation of Plant and Equipment and take all other necessary steps to implement this resolution.
18.3
That the Owners Corporation 3 PS636376F by special resolution pursuant to the Owners Corporations Act 2006 resolves to vary the existing Plant and Equipment Licence dated 7 June 2013 (Annexure B) to include Lots S10 and S11 and to expand the service equipment area on terms substantially in accordance with the draft Deed of Variation of Plant and Equipment as attached. The Owners Corporation authorises the two committee members to execute a license agreement substantially in the form of the attached Deed of Variation of Plant and Equipment and take all other necessary steps to implement this resolution.
18.4
That the Owners Corporation 5 PS636376F by special resolution pursuant to the Owners Corporations Act 2006 resolves to vary the existing Plant and Equipment Licence dated 7 June 2013 (Annexure B) to include Lots S10 and S11 and to expand the service equipment area on terms substantially in accordance with the draft Deed of Variation of Plant and Equipment as attached. The Owners Corporation authorises the two committee members to execute a license agreement substantially in the form of the attached Deed of Variation of Plant and Equipment and take all other necessary steps to implement this resolution.
19.1
That the Owners Corporation 1 PS636376F by special resolution pursuant to the Owners Corporations Act 2006 permits the owner of Lot S10 and S11, Ubertas 350 William Street Pty Ltd or its successor in title (Owner) to upgrade, alter, repair and/or maintain as agent of the Owners Corporation the common property as required to enable the creation of a new floor on levels 3 and 3A in existing Lot S10 for a commercial tenancy, replacement of car parking spaces with a hotel laundry and ancillary storage and services, alternatively other commercial purposes including but not limited to entertainment or retail purposes, residential apartments, storage and purposes ancillary to the primary use/s and to develop Lot S11 for similar purposes (Works), subject to the Owner complying with the Owners Corporation Rules and the works being at the sole cost of the Owner. The Owners Corporation authorises a committee member/s take all necessary steps and sign any documents required to permit the Owner to undertake the Works.
21.1
To advise what documents the common seal has been affixed to since the last Annual General Meeting.
22.1
To set a tentative date for the next Annual General Meeting.
23.1
Date of this Notice: 16 February 2024
Signed (lot owner (s) or proxy holder)*
*By signing this form you declare that you have the right to vote on behalf of all owners for this lot.
Printed name(s)
Date
Note 1: The lot owner has the right to appoint a proxy.
Note 2: If voting as a proxy or under a power of attorney, please ensure that the Secretary is provided with a copy of the proxy form or power of attorney with your voting form.
Note 3: If a quorum is not present at this meeting (i.e. at least 50% of the total votes or at least 50% of the total lot entitlement for the owners corporation), all resolutions will be interim decisions only. Under section 78(4) of the Owners Corporations Act 2006, interim resolutions will become resolutions of the owners corporation 29 days from the date of the interim resolution, unless notice of a special general meeting is given within that 29 days. If notice of a special general meeting is given within that 29 day period,the interim resolution will not become a resolution of the owners corporation (and cannot be acted on) until the resolution isconfirmed at the special meeting (which must be held within 28 days after the notice is given) or, if the special meeting is not held,until the end of that 28 day period.
Note 4: If you choose to abstain, your vote will not be included in a show of hands or on a poll, and your vote will not be counted towards the required majority.
Note 5: You, your company nominee or any person having authority to vote in respect of you cannot vote on a motion for an ordinary resolution, unless any amounts owing to the owners corporation have been received (financial member) 4 business days before the meeting.The right to vote on a special or unanimous resolution is retained irrespective of the financial status of the lot.