signature underwood zainab place disclosure statement

Signature Underwood – Zainab Place

Disclosure Statement

Signature Underwood – Zainab Place—Disclosure statement

3461-6308-0721, v. 2

Page (2)

Signature Underwood – Zainab Place Disclosure Statement

Item 1 Date of Statement 28th July 2021

Item 2 Seller Pacific Enterprises Group Pty Ltd A.C.N. 098 424 161 as trustee for the Pacific Enterprises Discretionary Trust and Noriba Pty Ltd A.C.N. 126 419 145 as trustee for the Paruk Underwood Trust c/- Sabdia Lashand, 218 Padstow Road, Eight Mile Plains Qld 4113

Item 3 Agent (if applicable)

(a) Name

(b) Address

(c) Phone/fax Ph: Fax:

Item 4 Seller’s Solicitor Sabdia Lashand, PO Box 80, Sunnybank Qld 4109 Ph: 07 3341 2786 Fax: 07 3341 3775 Attn: Brandon Mckenzie

Item 5 Buyer

(a) Name

(b) Address

(c) Phone/fax Ph: Fax:

Item 6 Current description of the base parcel of Land

Lot 2 on SP 245474, Title Reference 50912075.

Item 7 Lot sold

Proposed Lot no. [ ] shown on the draft survey plan SP322203 contained in Schedule 1, subject to any changes allowed in the contract of sale (the Lot).

Item 8 Regulation Module Body Corporate and Community Management (Accommodation Module) Regulation 2008.

Item 9 Body Corporate levies The annual contributions reasonably expected to be payable to the Body Corporate by the owner of the Lot are set out in Schedule 3.

The annual contributions are made up of administrative fund levies, sinking fund levies and building insurance contribution levies.

The annual administrative fund levies and annual sinking fund levies set out in Schedule 3 are based entirely on the respective contribution schedule lot entitlements for the lots in the Scheme.

The annual building insurance contribution levies set out in Schedule 3 are based entirely on the respective interest schedule lot entitlements for the lots in the Scheme.

The contribution schedule lot entitlements and interest schedule lot entitlements for the lots included in the Scheme are contained in Schedule 7.

© MCMAHON CLARKE Signature Underwood – Zainab Place—Disclosure statement

3461-6308-0721, v. 2 Page (3)

Item 10 Proposed Body Corporate manager

A copy of the proposed engagement of a person as Body Corporate Manager for the Scheme to be entered into at the establishment of the Scheme is contained in Schedule 4. The estimate of costs of engagement to the Body Corporate is $11,560 per annum (incl. GST), subject to applicable annual review.

The proportion of the cost to be borne by the owner of the Lot is set out in Schedule 3.

Item 11 Proposed Body Corporate Caretaking Agreement

A copy of the proposed engagement of a person as caretaker for the Scheme to be entered into after the establishment of the Scheme is contained in Schedule 5.

The estimated costs of the engagement to the Body Corporate is $70,000 per annum (incl. GST), subject to applicable annual review.

The proportion of the costs to be borne by the owner of the Lot is set out in Schedule 3.

Item 12 Proposed Body Corporate Letting Agreement

A copy of the proposed engagement of a person as letting agent for the Scheme to be entered into after the establishment of the Scheme is contained in Schedule 5.

No fee is payable by the Body Corporate for the engagement.

Item 13 Proposed Body Corporate Assets

Details of all Body Corporate assets proposed to be acquired by the Body Corporate after the establishment of the Scheme are set out in Schedule 6.

Item 14 Proposed Community Management Statement

A copy of the proposed community management statement for the Scheme is attached in Schedule 7.

Item 15 Power of attorney Under clause 21 of the Contract, the Buyer appoints the Seller as the Buyer’s attorney. The terms of the power of attorney are set out in Schedule 8.

Item 16 The date by which the Seller must register the Scheme (Target Date)

Three and a half years after the date the Contract was entered into.

Please note: If the Scheme is not registered by the Target Date, then, subject to clause 5.2 of the Contract, the Buyer may terminate the Contract by written notice given to the Seller.

Item 17 The date by which the Seller must settle the Contract (Sunset Date)

Five and a half years after the date the Contract was entered into.

Please note: If the Contract has not settled by the Sunset Date other than because of the Buyer’s default of the Contract, then the Buyer may terminate the Contract by written notice given to the Seller.


3461-6308-0721, v. 2 Page (4)

Item 18 Other Service Engagements

The Seller may cause the Body Corporate to engage service contractors for the Scheme after establishment of the Scheme for various purposes, some of which may include administration, provision or supply of utilities (gas, hot water, electricity, communication services, etc.), rubbish removal, lift maintenance, window cleaning.

As at the Date of Statement, the terms of any such engagements are not known, but may include an obligation on the—

• Body Corporate to buy back equipment installed by the contractor (a proportion of which payment may be required to be borne by the Buyer) on expiry or termination of the engagement at a pre-agreed value or at valuation

• Buyer to bear a proportion of the cost of the engagement, and

• Buyer to make payments as a result of the engagement, which payments are anticipated to be determined according to metered consumption. The estimated cost of such consumption is not known, but anticipated to be generally in accordance with the market cost of supply of utilities at the relevant time.

Item 19 Proposed agreements for electricity / gas / hot water supply

Statements about the proposed utility service agreement/s to be entered into by the Body Corporate on the establishment of the Scheme are set out in Schedule 9.

Item 20 Other matters prescribed under the regulation module

Item 21 Development Approval Conditions

The Development Approval Conditions are set out in Schedule 10 and include specific notices from the Seller to the Buyer in respect of the Development Approval Conditions.

Signed by the Seller or the Seller's authorised agent on the Date of Statement noted in Item 1 above.

…………………………………. Seller or Seller's authorised agent

The Buyer acknowledges receiving a copy of this Disclosure Statement before entering into the Contract.

…………………………………. Buyer

…………………………………. Buyer

Dated: / /


3461-6308-0721, v. 2 Page (5)

CONTENTS

Overview 6

Statement to Buyer 6

Other information 6

Changes 6

Interpretation 7

Schedule 1—Draft Survey Plans 8

Schedule 2—Floor Plans and Schedule of Finishes 9

Schedule 3—Draft Body Corporate Budget 10

Schedule 4—Draft Body Corporate Managers Agreement 11

Schedule 5—Draft Caretaking and Letting Agreements 12

Schedule 6—Proposed Body Corporate assets 13

Schedule 7—Draft First Community Management Statement for Signature Underwood –

Zainab Place 14

Schedule 8—Body Corporate Power of Attorney Statement 15

Schedule 9—Proposed agreement for electricity / gas / hot water supply 19

Schedule 10—Development Approval Conditions Error! Bookmark not defined.

Signature Underwood – Zainab Place—Disclosure statement

3461-6308-0721, v. 2

Page (6)

Overview

This Disclosure Statement—

(a) provides the Buyer with some information about the Signature Underwood – Zainab Place

Scheme and includes information that must be given to an intending buyer by law

(b) contains a number of Schedules that are referred to in the contract of sale (Contract)

(c) is to be read with the Contract, and

(d) is made to the Buyer by the Seller in accordance with Chapter 5, Part 2 of the Body

Corporate and Community Management Act 1997 (Qld).

Statement to Buyer

The Seller states—

(a) the Seller has represented it will give the Buyer a separate indefeasible title to the

proposed Lot on Settlement, and

(b) neither the Seller nor the Seller's agent (including any officer or employee) has made any

representation to the Buyer with respect to the provision of a certificate of title for the Lot on

Settlement.

Other information

The Seller gives notice to the Buyer that—

(a) an approved safety switch for the general purpose socket outlets will be installed in the Lot

on Settlement, and

(b) a compliant smoke alarm will be installed in the Lot on Settlement.

Changes

(a) The Seller reserves the right to change or otherwise amend the Scheme or other matters

disclosed in this Disclosure Statement (including making changes to the Lot and the CMS)

in accordance with the terms of the Contract.

(b) The documents, plans and information contained in the Schedules of this Disclosure

Statement may be varied by the Seller and are not necessarily in final form. The provisions

in the Contract relating to variations explain this further.

(c) This Disclosure Statement includes information required to be disclosed to you under

section 213 of the Act. If that information is or becomes inaccurate, then the Seller will (if

required by the Act) give you a further statement (in a form determined by the Seller)

rectifying the inaccuracies.

(d) The figures contained in the budget in Schedule 3 are for the first year after the Scheme is

established. The figures are estimates. The figures for future years will be determined by

the Body Corporate and may increase.


3461-6308-0721, v. 2 Page (7)

(e) Proposed agreements included in the Schedules may not yet specify the name of the

contractor, or where the contractor is specified, the person to be engaged may change.

The Body Corporate may enter into other agreements which have not been determined at

the date of this Disclosure Statement.

Interpretation

(a) Capitalised words used in this Disclosure Statement have the same meaning as defined in

the Contract, unless the context requires otherwise.

(b) The rules of interpretation detailed in the Contract also apply to the Disclosure Statement.

(c) The following Schedules are Schedules referred to in the Contract and this Disclosure

Statement.


3461-6308-0721, v. 2 Page (8)

Schedule 1—Draft Survey Plans

Disclaimer: The lots and areas shown on this plan have been derived from preliminary design dimensions supplied by Norris Clarke & O’Brien Pty Ltd ACN 056 870 770 and are approximate only. Final lots and areas are subject to design changes, Council approval and field survey, and may differ from those shown on this plan. Any contract of sale referring to this plan should make provision for these possible changes. The Seller, under the contract terms, is entitled to make variations to the Lot, including to its location, area, size, dimension and elevation. Without limitation, if the area of the Lot on the Plan is not more than 5% different to the total area of the Lot as shown on this disclosure plan, that variation is deemed to be a permitted variation and the Buyer cannot object.


3461-6308-0721, v. 2 Page (9)

Schedule 2—Draft Floor Plan

Balcony

BrmMWOV P

9221

9370

530

7047

9519

018

30

2307

062

370

1270

7035

3517

90

7024

3570

1030

7035

5019

0

9276

5818

3019

0

4380 70 2100 92 473 70 1917

3635 70 1030 1210 70 1100

70 2240 70 3087

190 3665 70 3365 190

30 3635 3405 30

70 1992

Bed 2Carpet

Bed 1Carpet

LivingVinyl plank

DiningVinyl plank

KitchenVinyl plank

EnsTile

WIRCarpet

BathTile

L'dryLinen

KitchenVinyl plank

DiningVinyl plank

LivingVinyl plank

Bed 1Carpet

Bed 2Carpet

WIRCarpet

EnsTile Bath

Tile

L'dry

190 3655 70 2200 70 3000 70 530 70 2521

1740 70 390 1040 70 1095 70 846

550 70226

1350

7013

5070

550

7036

4019

0

1800

7045

070

1070

190

3420

190

1855

7014

6570

3640

190

30

170

7012

25

Bed 2Carpet Bath

Tile

L'dry

WIRCarpet

EnsTile

Bed 1Carpet

KitchenVinyl plank

DiningVinyl plank

LivingVinyl plank

2996 70 530 70 2535 70 2200 70 3655 190

70 1040 70 1115 70 840 70 320 70 1810

1230

190

3390

7029

9770

573

190

1775

7045

070

1095

1350

7013

4070

560

70

190

1855

7014

6570

560

7083

5

Lin

Brm

MWOV

P

2921 70 530 70 2480 70 1864 70 4121 190

1674 70 2265 70 935

450 70 1344

190

3530

7028

5770

573

190

1960

7015

00

2790

7067

0

190

3070

7046

035

0019

0

2470

7025

070

670

70

190

2978

7053

070

2270

7030

3070

1207

40

610

1800

7053

070

3003

3773

7019

2070

3483

190

190 3630 70 3000 70 3052

2540 90 1000 70 2200 70 730 70 1000 70 1982

N

Date Drawn CheckProject No

Dwg No Rev

Project:

Client:

Drawing Title:

1228 Stanley Street East, Coorparoo QLD 4151 p 07 3394 1073 www.paladinprojects.com.au

Copyright property of PALADIN PROJECTS PTY LTD. All rights reserved. Any discrepancy/deviation from this dwg to be reported. No responsibility will be accepted for unreported deviations/alterations. Written dimensions take precedence over scaled.

PAL PAL

Design TypeDiscipline

Scale @ A1

2

1 : 50 02.09.19C20002

500.01Brookvale Drive JV

Unit TypesBrookvale Drive Apartments1-3 Brookvale Drive Underwood

Bldg1ARev Date Description Drawn

1 21.05.27 Issued for prelim tendering PAL2 14.06.21 Issue to client for marketing PAL

SCALE: 1 : 50Unit Type 11



SCALE: 1 : 50Unit Type 4 - Social Housing Platinum Level4



3461-6308-0721, v. 2 Page (10)

Schedule 3—Draft Body Corporate Budget

Number of Lots: 48

BUDGET CATEGORY ITEM AMOUNT COMMENTSAccountant - Income Tax Preparation $0.00 Tax Return not required until 2 years of operation

BAS Lodgement Fees $800.00 Building must be GST registered

Admin Fees and Charges $1,000.00 eg backflow registration

Administration Fees and Charges – Software Licencing Fees $960.00 $20 per lot

Administration Fees and Charges - Workcover legislation compliance $300.00ABN/TFN Registration $110.00 First year only

Bank Fees and Charges $50.00Body Corporate Manager – management fees $7,680.00Body Corporate Manager – disbursements $2,880.00Body Corporate Manager – Schedule B fees $1,000.00Caretaker Remuneration $70,000.00 $1041.67 per lot

Cleaning Services $0.00Cleaning supplies $500.00Intercom Maintenance $1,000.00Lift Maintenance Contract $6,000.00 annual lift service agreement

Lift Maintenance - lift registration $500.00 annual WH&S registration

Fire Protection services $10,000.00 mandatory inspection/testing of fire equipment

Fire Compliance costs $3,000.00 QFES Annual fee

Building Consultant – Sinking Fund Forecast & Insurance valuation $1,000.00 First year only

Electricity $6,000.00 $150 per week incl. common lighting, mechanical ventilation system, roller door, pumps etc.

Electrical repairs $1,000.00Building Insurance premium* $16,000.00Building insurance - stamp duty component $2,000.00Minor building maintenance $1,000.00Pest control services $1,200.00 common areas only

Garage Door Maintenance contract $1,500.00Plumbing maintenance $1,000.00Pump and Motor Maintenance ("Ocean Protect") $7,500.00 leave in as buffer

Telephone and internet services $800.00 lift phones

Garden/Lawn Maintenance $1,000.00TOTAL ADMINISTRATIVE FUND BUDGET incl insurance $145,780.00

TOTAL ADMINISTRATIVE FUND BUDGET excl insurance $131,696.05

*Building Insurance premium $1,916.05 as per building insurance quote for year 1.

Proposed Administrative Fund Budget for "Zainab Place"

For first year commencing (TBA)

Number of Lots: 48

BUDGET CATEGORY ITEM AMOUNT COMMENTS

Provision for Major Expenditure (Note that this includes provision for capital expenditure items like future painting, roof, guttering and plumbing, concrete and driveway repairs, fencing and draining, and electrical)

450.00 First year provision for capital expenditure; note that without an Sinking Fund Forecast, this figure is arbitary and is intended merely to provide a provision in the first year for capital expenditure going forward. However, expenditures should be very limited given the building is "new" and major building issues would be covered under BSA warranty provisions. .

21,600.00

TOTAL 450.00

Proposed Sinking Fund budget for "Zainab Place"

For first year commencing (TBA)

Square metres

Proposed Contribution Schedule Lot Entitlements CSLE* per unit pa Proposed Sale Value

Proposed Interest Schedule Lot Entitlements

Insurance based on ISLE** per unit p.a. based on insurance

estimated at $13,500 Total

Lot 1001 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ Lot 1002 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ Lot 1003 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ Lot 1004 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ Lot 1005 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ Lot 1006 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ Lot 1007 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ Lot 1008 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ Lot 1009 1 3,487.08$ $454,091.00 1 281.25 3,768.33$ Lot 1010 1 3,487.08$ $459,500.00 1 281.25 3,768.33$ Lot 1011 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ Lot 1012 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ lot 2001 1 3,487.08$ $454,091.00 1 281.25 3,768.33$ lot 2002 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ lot 2003 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ lot 2004 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ lot 2005 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ lot 2006 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ lot 2007 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ lot 2008 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ lot 2009 1 3,487.08$ $449,545.00 1 281.25 3,768.33$ lot 2010 1 3,487.08$ $449,545.00 1 281.25 3,768.33$ lot 2011 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ lot 2012 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ lot 3001 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ lot 3002 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ lot 3003 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ lot 3004 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ lot 3005 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ lot 3006 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ lot 3007 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ lot 3008 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ lot 3009 1 3,487.08$ $449,545.00 1 281.25 3,768.33$ lot 3010 1 3,487.08$ $449,545.00 1 281.25 3,768.33$ lot 3011 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ lot 3012 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ Lot 4001 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ Lot 4002 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ Lot 4003 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ Lot 4004 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ Lot 4005 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ Lot 4006 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ Lot 4007 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ Lot 4008 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ Lot 4009 1 3,487.08$ $454,091.00 1 281.25 3,768.33$ Lot 4010 1 3,487.08$ $454,091.00 1 281.25 3,768.33$ Lot 4011 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ Lot 4012 1 3,487.08$ $460,000.00 1 281.25 3,768.33$ TOTAL 490 48 167,380.00$ 22,014,044.00$ 48 13,500.00$ 180,880.00$

*Note: excludes insurance contribution

PROPOSED CONTRIBUTION & INTEREST SCHEDULES & VALUES for "ZAINAB PLACE"

**Note: includes insurance contribution


3461-6308-0721, v. 2 Page (11)

Schedule 4—Draft Body Corporate Managers Agreement

Strata Community Australia (Qld) Ltd www.qld.stratacommunity.org.au

© COPYRIGHT 2014 – STRATA COMMUNITY AUSTRALIA (Qld) Ltd PAGE: 1 of 8

Administration Agreement Engagement of a Body Corporate Manager For use by SCA (Qld) members with a Practicing Certificate

This Agreement is made this day of ____________________________________________ 2021

BETWEEN

The Body Corporate for Signature Underwood – Zainab Place CTS tba of 1-3 Brookvale Drive, Underwood QLD (“the Body Corporate”)

AND

RUBICON BCS Pty Ltd (ABN 47 148 893 458) of Level 9, 300 Ann Street, Brisbane Qld 4000 (“the Manager”) ABOUT THIS AGREEMENT

This Agreement is produced by the SCA (Qld). It provides for the engagement of a body corporate manager by a body corporate.

This Agreement may only be used by body corporate managers holding a Practicing Certificate issued by SCA (Qld).

Under this Agreement, the Body Corporate appoints the Manager as the body corporate manager for the Scheme.

TERMINATION OF THE AGREEMENT

This Agreement is a binding legal document. The engagement of the body corporate manager may be terminated only in accordance with Clause 12.

TERM, OPTIONS AND PRICES

This Agreement may be for a term of up to three years (including options) - See Clause 3.

All costs expressed in dollar ($) terms exclude any applicable GST – See Clause 14.

SPECIAL CONDITIONS TO THE AGREEMENT

Any special conditions to this Agreement appear in Item K.

COPYRIGHT AND REPRODUCTION

The copyright in this Agreement is owned by SCA (Qld). Only a Manager who holds a current Practicing Certificate issued by SCA (Qld) or other person authorised in writing by SCA (Qld) may use this Agreement or reproduce it for the purpose of the manager’s use only (including scanned copies for electronic archival). In all other cases reproduction, including retyping, of this Agreement is prohibited without prior written consent of SCA (Qld).

FURTHER ADVICE Body corporate managers and others seeking to use this Agreement should obtain independent legal advice if questions exist concerning any provisions contained within this Agreement.

POSTAL ADDRESS:

PO BOX 3062 TARRAGINDI QLD 4121

PHONE: 07 3236 1000

Email: [email protected]

Strata Community Australia (QLD) Ltd www.qld.stratacommunity.org.au

RUBICON BCS PTY LTD (ABN 47 148 893 458) AGREEMENT FOR SIGNATURE UNDERWOOD – ZAINAB PLACE FOR 2021-24 PAGE: 2 of 8

STANDARD CONDITIONS

1. INTRODUCTION

1.1 All words having a defined meaning in the Act have the same meaning in this Agreement (unless the context otherwise requires).

1.2 In this Agreement, terms in bold in the Reference Schedule have the meanings shown opposite them.

1.3 Unless the context otherwise permits -

I. “Act” means the Body Corporate and Community Management Act (Qld) 1997;

II. “Additional Services” means those services stated in Item G of the Reference Schedule;

III. “Agreed Services” means those services stated in Item F of the Reference Schedule;

IV. “Authorised Powers” means all those powers of the executive committee members of the Body Corporate that are capable of exercise by a body corporate manager under the Act unless otherwise amended or excluded under the Special Conditions to this Agreement;

V. “Committee” means the committee chosen by the Body Corporate pursuant to the Act;

VI. “CPI” means the Consumer Price Index (All Groups) for Brisbane as published by the Australian Bureau of Statistics;

VII. “Communications and Outlays” means the Communications and Outlays listed in Item E of the Reference Schedule;

VIII. “Module” means the regulation module of the Act applying to the Scheme from time to time, which at the commencement of this Agreement is the module referred to in Item J of the Reference Schedule;

IX. “Privacy Act” means the Privacy Act 1988 (Cth);

X. “Reference Schedule” means the reference schedule annexed to this Agreement;

XI. “Review Date” means each anniversary of the commencement date of this Agreement;

XII. “SCA (Qld)” means Strata Community Australia (Qld) Limited ACN 163 881 927;

XIII. “Scheme” means the community title scheme for which the Body Corporate is the body corporate;

XIV. “Special Conditions” means the special conditions noted in Item J of the Reference Schedule;

XV. “Standard Conditions” means the standard conditions applying to this Agreement;

XVI. “Term” means the term set out in Item A of the Reference Schedule.

1.4 A reference to an Item is a reference to the applicable item in the Reference Schedule.

1.5 This Agreement comprises the:

I. Standard Conditions;

II. Special Conditions (if any); and

III. Reference Schedule.

1.6 Where there is any inconsistency between any Special Condition to this Agreement and the Standard Conditions, the Special Condition prevails.

2. WHAT IS THIS AGREEMENT?

2.1 The Body Corporate appoints the Manager as the body corporate manager for the Scheme and the Manager accepts the appointment.

2.2 The Manager is engaged by the Body Corporate (as an independent contractor and not as an employee of the Body Corporate) to supply administrative services only (comprising the Agreed Services and the Additional Services, where applicable, to the Body Corporate.

2.3 The parties acknowledge and agree that the appointment of the Manager is not an engagement of the Manager under Chapter 3 Part 5 of the Module.

2.4 For the avoidance of doubt, the Body Corporate acknowledges and agrees that this Agreement is not a property maintenance agreement and that the Manager is not required under this Agreement to carry out any property maintenance for the Scheme.

3. WHAT IS THE TERM OF THIS AGREEMENT?

3.1 The Manager is appointed for the Term.

4. WHAT ARE THE DUTIES OF THE MANAGER UNDER THIS AGREEMENT?

4.1 The Manager must supply the Agreed Services stated in Item F to the Body Corporate in accordance with the terms of this Agreement.

4.2 The Manager may supply the Additional Services stated in Item G to the Body Corporate at the Body Corporate’s request.

4.3 The Body Corporate must pay the Manager the

Additional Fees for the provision of the Additional Services. During the Term, the Manager shall have the custody of the common seal of the Body Corporate.



4.4 The Manager will at all times comply with:

I. the Act;

II. the Regulation Module;

III. the code of conduct in the Act applying to body corporate managers; and

IV. the Code of Ethical Conduct published by SCA (Qld).

4.5 The Body Corporate will use its best endeavours to ensure the voting committee members at all times aware of their obligations under and shall comply with, the code of conduct in the Act applying to voting committee members.

4.7 The Body Corporate acknowledges that the Manager

is not qualified to provide legal or compliance advice and shall seek qualified advice from legal practitioners or suitably qualified experts where necessary and not rely on the opinions of the Manager.

5. WHAT ARE THE AUTHORISED POWERS OF THE MANAGER?

5.1 The Body Corporate authorises the Manager to exercise the Authorised Powers.

5.2 The Manager shall only exercise the Authorised Powers to facilitate the performance of the Agreed Services or any Additional Services.

5.3 The Manager is not under any obligation to exercise the Authorised Powers except to the extent necessary to facilitate the performance of the Agreed Services and the Additional Services.

5.4 Without limiting clause 5.2, the Manager is specifically authorised to administer funds controlled by the Body Corporate.

5.5 The authorisation given by the Body Corporate to the Manager to exercise the Authorised Powers under this clause 5 does not:

I. make the Manager responsible for performing the statutory functions of the Body Corporate or the Committee;

II. relieve the Body Corporate or the Committee of their statutory functions.

5.6 The Body Corporate specifically authorises the Manager to:

I. obtain quotations for insurances required to be effected by the Body Corporate under the Act or the Module;

II. effect, on behalf of the Body Corporate such insurances as the Body Corporate directs the Manager to obtain;

III. pay insurance premiums from the Body Corporate’s funds; and

IV. submit insurance claims to the Body Corporate’s insurers which the Body Corporate acknowledges forms part of the Additional Services.

5.7 The Body Corporate agrees and acknowledges that the Manager, in performing the service under clause 5.6, is not providing advice, nor is the Manager obliged to provide advice as to what insurance policy or policies the Body Corporate ought effect and the Body Corporate agrees and acknowledges it does not rely on the Manager (nor is it reasonable to rely on the Manager) to advise in respect of which insurances may be suitable for the Body Corporate and/or the extent, nature, level or appropriateness of any insurance policy effected from time to time by the Body Corporate.

6. HOW IS THE MANAGER TO BE PAID?

6.1 The Body Corporate must pay the Manager:

I. for the performance of the Agreed Services – the fee stated in Item B (as reviewed in accordance with this Agreement) at the time indicated in Item B;

II. for the performance of the Additional Services – the fees stated in Item C (as reviewed in accordance with this Agreement) payable at the end of each month or as otherwise agreed between the parties; and

III. for Communications and Outlays associated with the provisions of the Agreed Services or the Additional Services – the amount stated in Item E (as reviewed in accordance with this Agreement) payable at the end of each month or as otherwise agreed between the parties.

6.2 The Manager may - I. charge the Body Corporate for at the rates stated

in Item E for the Agreed Services and Additional Services (which may include a margin above cost to the Manager);

II. keep fees received by it for:

(a) information which the Manager must supply about the Body Corporate under the Act or the Module (e.g. an information certificate under section 205 of the Act);

(b) services supplied at the request of lot owners (e.g. information required to prepare a disclosure statement under section 206 of the Act); and

III. retain commissions paid to it by the providers of services to the Body Corporate as disclosed in Item I.

6.3 The Body Corporate must pay fees for Agreed Services, the Additional Fees and the Communications and Outlays by EFT or direct debit (at the election of the Manager) to the Manager’s nominated account, or otherwise as directed by the Manager from time to time.

Strata Community Australia (Qld) Ltd www.qld.stratacommunity.org.au

© COPYRIGHT 2014 – STRATA COMMUNITY AUSTRALIA (Qld) Ltd PAGE: 4 of 8

6.4 When the Term is greater than one (1) year, the Body Corporate agrees that on each anniversary of the commencement date of this Agreement the Manager may increase the fee for the Agreed Services to an amount which is the greater of:

I. The fee paid for the immediately preceding year increased by the fixed percentage increase amount stated in Item D; and

II. The amount calculated using the following formula:

0BA x 1BB

2BC

where:

A is the fee payable for the year immediately prior to the Review Date;

B is the CPI determined for the quarter ending immediately prior to the Review Date; C is the CPI determined for the quarter ending immediately prior to commencement of the year last concluded. The increased fee for the Agreed Services is payable by the Body Corporate from that date which is the anniversary of the commencement date of this Agreement notwithstanding the fees may not be reviewed until after that date.

6.5 The Body Corporate agrees that the fees and charges payable for the Additional Services and Communications and Outlays may be increased by the Manager on 1 July each year following commencement of this Agreement and the Body Corporate must pay the increased fees and charges by the Manager at the reviewed rate from time to time.

7. HOW DOES THE BODY CORPORATE GIVE INSTRUCTIONS TO THE MANAGER?

7.1 The Body Corporate must nominate in writing a person who must be a voting committee member to communicate with the Manager on behalf of the Body Corporate (the Nominee). In the event that no person is nominated by the Committee, the chairperson of the Committee is taken to be the Nominee.

7.2 The Body Corporate may replace the Nominee by written notice to the Manager.

8. DISCLOSURE OF ASSOCIATES

8.1 If the Body Corporate considers and/or proposes to enter into a contract for the supply of goods and /or services from a provider and that provider is an associate of the Manager, then the Manager must disclose the relationship to the Body Corporate:

I. if the Manager is aware of the proposed contract then before the contract is entered into; or

II. otherwise in the shortest practicable time after it becomes aware that the contract is being and/or has been entered into.

8.2 The Manager discloses that at the commencement of this Agreement it is associated with the providers of goods and services stated in Item H and that shall be sufficient disclosure of these relationships for the purposes of clause 8.1 and the disclosure requirement in the Module.

8.3 Where the Manager has an arrangement with the provider of goods and/or services, and the Manager is entitled to receive a commission if the Body Corporate enters into a contract with that provider, then:

I. the details (including the commission, payment or other benefit) of any existing arrangement between the Manager and the provider as at the commencement of this Agreement are disclosed in Item I and the Body Corporate acknowledges such disclosure satisfies the disclosure requirements in the Module; or

II. for a new arrangement entered into after the commencement of this Agreement - the Manager must disclose to the Body Corporate the details of that arrangement before accepting any commission from the provider.

8.4 With the exception of any arrangement disclosed by the Manager as described in clause 8.3, the Manager must not, without the prior consent of the Body Corporate receive any commission from any contractor or supplier because the Body Corporate entered into an agreement with the contractor or supplier.

9. RELEASE & INDEMNITY BY THE BODY CORPORATE

9.1 The Body Corporate:

I. Releases, discharges and forever holds harmless the Manager (to the extent permitted by law) from any damages, losses, liabilities, costs, expenses and/or claims; and

II. Indemnifies and keeps indemnified the Manager against any damages, losses, liabilities, costs, expenses or claims incurred by the Manager (including the Manager being made a party to any litigation commenced by or against the Body Corporate);

arising out of or in connection with:

III. the exercise or performance of the Manager’s rights and obligations under this Agreement;

IV. the relationship between the Manager and the Body Corporate; or the Manager being the manager for the Scheme,

10. BODY CORPORATE WARRANTY

10.1 The Body Corporate warrants it has validly passed any necessary resolutions required to enable it to enter into this Agreement with the Manager or give any authorisation to the Manager under it.

11. TRANSFER OF THIS AGREEMENT

11.1 This Agreement may be transferred by the Manager only in accordance with the Act.



12. TERMINATING THIS AGREEMENT

12.1 Either party may terminate this Agreement in accordance with the Act and/or the Module.

12.2 The Manager may terminate this Agreement at any time and for any reason by giving 60 days written notice to the Body Corporate.

12.3 If the Body Corporate fails to pay the Manager any amount owing to it under this Agreement and the failure continues for a period of 14 days after notice of the failure is given to the Body Corporate by the Manager, then:

I. the Manager may terminate this Agreement by giving 30 days written notice to the Body Corporate; and

II. the Body Corporate will reimburse the Manager for the Manager’s costs of recovering that amount from the Body Corporate, including any legal costs on an indemnity basis.

13. BODY CORPORATE RECORDS

13.1 On expiry or earlier termination of this Agreement, the Manager must deliver to the Body Corporate its seal and the records and other documents in accordance with the Act and the Module.

13.2 The Manager acknowledges that it does not have a lien over the seal and the records and other documents of the Body Corporate.

13.3 Without any obligation to on the part of the Manager,

the Body Corporate authorises the Manager to hold any document of the Body Corporate in photographic or electronic image form.

14. GOODS AND SERVICES TAX

14.1 For the purposes of this clause, a goods and services tax (“GST”) means any tax imposed by any government or regulatory authority which is a tax on goods and services, a tax on consumption, a value-added tax or any similar impost.

14.2 Unless GST is expressly included, any fee or consideration expressed to be payable by the Body Corporate under any part of this Agreement does not include any GST that may be payable on the supply for which the fee or consideration is paid.

14.3 The Body Corporate must pay to the Manager, in addition to any fee or consideration payable for the

14.4 Agreed Services, Additional Services or Communications and Outlays, any additional amount of GST payable on the supply of those services.

14.5 The Body Corporate and the Manager agree to do all things, including providing tax invoices and other documentation, necessary or desirable to assist the other in claiming any input tax credit, adjustment or refund for any GST payable under this Agreement.

15. MISCELLANEOUS

15.1 Any notice required to be given or served by either party to this Agreement shall be given or served in the same manner as is provided for in the Property Law Act (Qld) 1974.

15.2 If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in force unless the basic purposes of this Agreement would be defeated by severance of the offending provision. This Agreement shall be governed and construed with reference to the laws in force in the state of Queensland.

16. PRIVACY ACT

16.1 If the Manager holds Personal Information under this Agreement, the Manager must, subject to the Act, comply with Australian Privacy Principle 11 set out in Schedule 1 of the Privacy Act. For the purposes of this clause, “Personal Information” has the same meaning as in the Privacy Act.



REFERENCE SCHEDULE (all charges below are exclusive of GST)

ITEM

A. TERM (clause 3) Three (3) year/s and 0 months commencing on commencing

on the day of the general meeting at which entry into this Agreement is authorized, and ending on the date which is three

years less one day after that commencement date

Does the Manager YES hold a SCA (Qld) Practising Certificate Does the Manager have YES professional indemnity insurance?

If so, how much? ..................... $ 5m any one claim; $6M aggregate

B. FEES FOR AGREED SERVICES The fee for Agreed Services shall be $7680.00 per annum

($160.00 per lot), payable in arrears: on the basis indicated right: Monthly, by automatic EFT Surcharge for Meeting Location Meetings to be

held at the office of the BCM or viz Zoom or travel surcharge will apply.

C. ADDITIONAL FEES Body Corporate Manager hourly rate applies to any

service in Schedule F. & G. required to be undertaken outside of office hours (Mon – Fri 8:30am – 5pm) & additional rates apply after 8pm and on weekends.

Director(s) $220.00 per hour

Body Corporate Managers (BCM) $180.00 per hour BC Accountant / Assistant BCM $120.00 per hour Administrative Staff $90.00 per hour ADMINISTRATION Extraordinary General Meeting $25 per lot /per Event • (with minimum charge for EGM of $1500+postage+GST); • Pages in EGM notice in excess of 30 pages to be charged

additionally at Item E rate. Appointment of a Returning Officer $100.00 / event Secret Ballot Voting materials $2.75 per lot Additional Committee Meetings $200.00 + 180.00 p/hr

Vote Outside of Committee (Flying Min) $150.00 / event Insurance Claim Processing $180.00 p/h Preparation of Information For <50 lots / $350 per audit;

Audit of Records >50 lots / $550 per event. Preparation of (compliance) Information $200.00 per for Business Activity Statement (BAS) statement

Preparation of Information For $150.00 per statement

Income Activity Statement (PAYG /IAS)

Preparation of (compliance) Information $250.00 per return for Income Tax Return

Notice of contravention of by-laws $200.00 per Notice

Annual review / implementation of $90.00 per event Caretaker remuneration Preparation of Application / Submission $180.00 per hour

To Commissioner for Body Corporate Preparation / lodgement of new CMS $180.00 per hour To update / amend by-laws

Management Rights Transfers; $250.00 administration fee, plus Director/BCM hourly rate, and PPS

Arranging for Lodgement of Documents $180.00 per hour

With Dept. of Natural Resources & Mines plus Gov’t charges Liaison With Lawyers Or $180.00 per hour Other Professionals

TFN/ABN/GST Set Up $150.00 Per event Establishment of term deposit $50 if <$50,000 per event $75 if > $50,000 per event Renewal of term deposit $25.00 Per renewal Insurance Valuation Reports 10% of Report cost Per report WPH&S and Sinking Fund Report 10% of Report cost Per report Annual Pool Safety Report $40.00 Per report Other requested 3rd party reports 10% of Report cost ATO Change of Registration Details $75.00 Per event Form 14 Change of Body Corporate Address $50.00 Per event Annual Valuation Notices / C’tee only $60.00 per event Annual Valuation Notices / to all owners $7.50 Per lot WH&S / Plant / lift registration renewals $75.00 per event Scanning of all BC documentation $45.00 Per building Stationery on Establishment of BC records $45.00 Per building Obtaining quotes, Repairs & Maintenance $120.00 per hour Co-ordination, liaison with C’tee / Contractors Work orders / Repairs & Maintenance $40.00 per event Co-ordinate pest inspections and $150.00 Base fee Providing reports, information to owners $10.00 Per lot Urbanise Management System Fee $18.00 Per Lot / PA (including electronic voting) FINANCIAL Special levy / Sundry Invoice Notice to Owners $3.00 per Notice Arrears Notice $15.00 per Notice issued at 7 days overdue (charged to lot owner) Arrears Letter $40.00 per letter issued at 30+ days overdue (charged to lot owner)



Attendance to Repayment Plan $90.00 per plan Attendance to instruct lawyer $250.00 per instruction (inclusive / all instructions) Legal – Letter of demand issued after At cost + outlays Legal – Debt recovery Action – recovery At cost + outlays of arrears by lawyer, including outlays Teleconference: At cost + 30% administrative (set up) fee D. FIXED PERCENTAGE INCREASE The fixed percentage increase is CPI Brisbane, June Quarter

Annually or 2%, whichever is the greater. E. COMMUNICATIONS AND OUTLAYS

Flat Rate per Lot: YES The fee for Fixed Communications and Outlays for Agreed Services* shall be: $ 2880.00 pa; being $60.00 per lot per annum, payable on Monthly by automatic EFT Note that the AGM notice (including all component parts) is included in this fixed disbursement fee up to a maximum limit of 50 (single) pages per meeting event; all pages in excess of this number will be charged at the below rate per item: Cost per Item: if not fixed per above, or for Additional Services: Telephone – Local calls: $10.00 per Lot per annum Telephone - Mobile: Included Facsimile Included Photocopying (1x single-sided copy): $0.40 per page Photocopying (1x double-sided copy): $0.80 per page Photocopying (Colour) additional 0.10 per copy

Envelopes – Standard DL: $0.40 per envelope Envelopes – C4: $0.60 per envelope Secret Ballot envelope $1.50 per envelope

Postage – DL envelopes: At cost + 30%

Courier: At cost + 30%

Express Post Envelopes At cost + 30% Travel / vehicle $1.50 per km Archiving and electronic storage of records:

$7.50 per lot per annum / $360/ $30 per month

Outlays / services and charges invoiced to lot owners:

Overseas Postage – additional charge to Owner $20.00 Per lot pa

Insurance Certificate of Currency $40.00 Per request

Request for information for Owner Tax Prep. $40.00 Per request

Invoice to Owner/Third Party $40.00 Per invoice

Dishonoured Cheque Fee Invoice $40.00+bank fee

Request for copy of by-laws by Owner $40.00 Per request

Replacement Key / FOB request $40.00 Per Request

Replacement doc request for AGM/EGM $40.00+Postage

Owner Pet / Improvement Application $40.00 Per Request

Request / Reinstatement of lost discount $40.00 Per Request

F. AGREED SERVICES The agreed services are as follows:

Secretarial Convene and attend the Annual General

Meeting up to the number of hours: 2 Call nominations for the position of executive and ordinary

members of the Committee. Prepare and distribute the notice of annual general meeting

and ancillary documentation. Record and distribute minutes of annual general meeting. Prepare and distribute notices for committee meetings based

on up to the following number of meetings: 2 Attend up to the following number of Committee Meetings: 2 and up to the following number of hours per meeting: 2 Record and distribute the minutes of committee meetings

based on up to the following number of meetings: 2 Prepare and distribute to Committee members a formal Voting

outside of Committee motion to authorise the renewal of annual building insurances by the Committee as authorised by legislative changes commencing 01/03/2021, and to collate voting on this VOC motion, prepare the resolution if carried and distribute the minute of this VOC resolution, as required;

Financial Open, maintain and operate a bank account for the

administrative fund and the sinking fund. Prepare a statement of accounts for each financial year. Prepare a draft budget for each financial year. Issue notices to lot owners for payment of contributions. Receipt and bank levies. Process and pay accounts. Prepare financial records and statements as required by the Regulations for the Module stated in Item J.

Administrative Pay insurance premiums and organise renewal quotations for

renewals. Establish and maintain the roll and registers Maintain and keep records Make available the records for inspection Hold Common Seal and affix it as required and authorised Provide to the Committee general advice on the Act and

applicable Regulation Module

G. ADDITIONAL SERVICES Any Agreed Services required to be undertaken outside of

normal business hours Any out of time invoice payments will incur an administrative

fee of $40 per invoice paid Preparation of notice of meeting, distribution of minutes and

attendance at meetings in excess of those stated as an Agreed Service



Arrange for the appointment of a returning officer for required secret ballots, at fee above

The engagement of the returning officer will be an additional expense to the Body Corporate (if required for a general meeting).

Any reasonable and lawful request by the Body Corporate which is not stated as an Agreed Service

Preparation of any correspondence to Owners or others instructed by the Committee

Prepare and distribute other levy notices (e.g. utility on-charging notices)

Advice provided to individual lot owners Involvement in the engagement of service contractors or other

providers, if required

Issuing of contravention notices as instructed by the committee, and/or involvement in Body Corporate and Community Management Act (Qld)

Attendance to all Owners/Occupier issues and liaison with or

on behalf of the Committee on all matters not included under Agreed Services

Preparing any materials requested by the body corporate, and

attendances to give instructions to any Body Corporate Solicitors, Accountants or Auditors, Engineers or Trade person, or other agents on behalf of the Body Corporate

The co-ordination of services to the Body Corporate by a service provider or tradesperson including obtaining quotes, liaison, co-ordination, supervision or project management, and the issue of work orders

Any actions or proceedings taken to recover contributions in

arrears, including overdue notices and correspondence, or processing of insurance claims, where the Manager does not receive an insurance commission

Mandatory compliance with relevant legislation and /or

Australian standards including but not limited to Workplace health and Safety, Asbestos, Pool safety, Qld Fire and Rescue Service Act, Building Fire safety, and other legislation applying

The required provision of any Meeting in an electronic format

including electronic voting, and / or Zoom meeting (will be charged at rates required to provide the additional service expectation beyond standard attendance by RUBICON)

The provision of any other professional or administrative services requested of the Manager by the Body Corporate in writing, other than that specifically related to the provision of the Agreed Services, which the Manager agrees to perform, including the giving of advice on the interpretation of the legislation and legislative concepts.

INSURANCE: Fees will only be incurred for the processing of

Insurance Renewals and Insurance Claims if insurance commission is not received by RUBICONBCS:

Insurance Renewal Processing $ BCM Hourly Insurance Claim Processing $ BCM Hourly Work Cover Renewal $ 60 H. DISCLOSURE OF ASSOCIATES Providers that are associates of the Manager and the nature

of the relationship. Name of Company: Nil Relationship: Nil

I. DISCLOSURE OF COMMISSIONS Providers of services that pay a commission to the Manager

Name of Company: Honan Insurance Group Commission Details: 15% of base insurance premium

J. SPECIAL CONDITIONS (INCLUDING AMENDMENTS TO

THE STANDARD CONDITIONS): Nil

K. RELEVANT MODULE Accommodation

Administration Agreement: Engagement of a Body Corporate Manager For use by SCA (Qld) members with a Practicing Certificate THE COMMON SEAL of the Body Corporate for SIGNATURE MITCHELTON – ZAINAB PLACE CTS was affixed pursuant to an ordinary resolution of the Body Corporate in the presence of: ___________________________________________

(Signature)

___________________________________________

(Print Name)

___________________________________________

(Designation)

___________________________________________

(Signature

___________________________________________

(Print Name)

___________________________________________

(Designation)

___________________________________________

(Date)

EXECUTED by RUBICON BCS PTY LIMITED pursuant to Section 127 of the Corporations Act 2001

___________________________________________ (Signature of Director)

Richard Meek (for RUBICON BCS PTY LTD)

(Print Name) (Date) Must be reproduced in its complete and unaltered state.


3461-6308-0721, v. 2 Page (12)

Schedule 5—Draft Caretaking and Letting Agreements

Page: 1 of 14

CARETAKING AGREEMENT

BETWEEN

THE BODY CORPORATE FOR SIGNATURE UNDERWOOD –

ZAINAB PLACE CTS (TBA) AND

SIGNATURE MANAGEMENT REALESTATE PTY LTD

AS TRUSTEE FOR THE AZIIN TRUST

THIS AGREEMENT is made on this day of 2021.

BETWEEN THE BODY CORPORATE FOR SIGNATURE UNDERWOOD – ZAINAB PLACE

COMMUNITY TITLES SCHEME (TBA)

1 -3 BROOKVALE DRIVE, UNDERWOOD (4119) IN THE STATE OF QUEENSLAND

(“THE BODY CORPORATE”)

AND SIGNATURE MANAGEMENT REALESTATE PTY LTD (ACN 629 336 063)

AS TRUSTEE FOR THE AZIIN TRUST (ABN 50 887 673 936)

OF 19 ELISA AVENUE, UNDERWOOD (4119) IN THE STATE OF QUEENSLAND

(“THE CARETAKER”)

WHEREAS

A. The Body Corporate is constituted under the Body Corporate and Community

Management Act 1997.

B. The Body Corporate wishes to provide the maintenance, caretaking and repair of the

common property, not assigned under an exclusive use by-law.

C. The Body Corporate appoints the Caretaker to perform certain agreed duties on behalf of

the Body Corporate and the Caretaker agrees to perform those duties as a service

contractor to the Body Corporate.

D. The Caretaker is a ‘service contractor’ as defined in the Body Corporate and Community

Management Act 1997.

1 DEFINITIONS

1.1 Act – Unless otherwise stated any reference to the Act refers to The Body Corporate

and Community Management Act 1997.

1.2 Anniversary – Each 12 month period from the Commencement Date in each year.

1.3 Caretaking Duties – Those duties the Caretaker must perform under this

Agreement, as set out in Schedule A of this Agreement.

1.4 Commencement Date – “___/___/______”.

1.5 Common Property – As defined in the Act (including Utility Infrastructure) and that

is the responsibility of the Body Corporate to maintain. Any reference to Common

Property in this Agreement specifically excludes Common Property which is

otherwise assigned under an exclusive use by-law but specifically includes any

nature strip or grass verge adjacent to the complex requiring maintenance.

1.6 Committee – The members so elected at each Annual General Meeting for the Body

Corporate entrusted to administer the Common Property on behalf of Owners.

1.7 C.P.I – Consumer Price Index – All groups index for Brisbane as published by the

Australian Bureau of Statistic.

1.8 Expenditure Limit - $700.00.

1.9 Further Term – Nil.

1.10 Letting Agreement – the letting agreement entered into by this Caretaker (as Letting

Agent) and the Body Corporate contemporaneously with this Agreement.

1.11 Lots – Those areas in the Scheme not forming part of the Common Property, or

exclusive use common property, owned by an Owner

1.12 Occupier – a resident Owner or resident lessee of a Lot, or someone else who lives

in a Lot.

1.13 Owner – Registered owners of lots and includes mortgagees in possession.

1.14 Regulation Module – the regulation module that is recorded on the community

management statement in the Department of Natural Resources & Mines as stated

to apply to the Scheme.

1.15 Remuneration – $50,000 plus GST per annum ($1041.66 plus GST per Lot) in the first

year of the term, as adjusted in subsequent years in accordance with clause 5 of the

Agreement. Only Lots that are registered and assigned lot entitlements shall be

considered in calculating the Remuneration.

1.16 Scheme – Signature Underwood – Zainab Place located at 1-3 Brookvale Drive,

Underwood, QLD, in the State of Queensland, depicted on plan SP 245474.

1.17 Term – 25 years from the Commencement Date of this Agreement, terminating on

the Termination Date.

1.18 Termination Date - ___/___/_____.

1.20 Utility infrastructure - As defined in the Act and which is the responsibility of the Body

Corporate to maintain.

2 ENGAGEMENT OF CARETAKER

2.1 The Body Corporate engages the Caretaker for the Term commencing on the

Commencement Date and ending on the Termination Date.

2.2 The Caretaker accepts the engagement on the terms contained in this Agreement.

2.3 The Caretaker is an independent contractor of the Body Corporate.

3 OPTION TO RENEW

There is no option to automatically renew during the term of this agreement. The Caretaker

and Body Corporate may by mutual consent enter into a further term.

4 CARETAKER IS A CORPORATION

4.1 If the Caretaker is a corporation, the Caretaker must, with adequate information

concerning the persons involved, seek Committee approval to appoint a

representative to perform the Caretaking Duties. The Body Corporate must not

unreasonably withhold its consent to the appointment proposed from time to time

by the Caretaker.

4.2 Any controlling share change of the Caretaker shall be deemed to be an assignment

of this Agreement and the provisions of clause 11 of this Agreement shall apply.

5 REMUNERATION

5.1 The Body Corporate will pay the Remuneration to the Caretaker as follows:

a The Remuneration shall be payable monthly in arrears, in equal successive

instalments, the first instalment being due and payable one calendar month from

the Commencement Date.

b On the first anniversary of this Agreement and annually thereafter for the Term and

any Further Term, the Remuneration must be increased by the greater of –

i. Three percent (3%); or

ii. The amount calculated by applying the following formula:

Formula NR = R x (C2 / C1)

Where: NR is the annual Remuneration per lot to be payable from the relevant

anniversary , R is the current Remuneration, C1 is the Index Number (ALL

GROUPS CPI INDEX FOR BRISBANE) last published before the commencement

of the term, and C2 is the Index Number (ALL GROUPS CPI INDEX FOR

BRISBANE) last published before the relevant anniversary from which the

adjusted Remuneration is to be calculated;

5.2 In addition to the Remuneration, the Body Corporate shall also pay any goods and

services tax applicable to any supply (as defined in the GST legislation) under this

Agreement.

5.3 Additional payments or undisclosed commissions are not grantable to or receivable

by the Caretaker.

6 CARETAKERS LEAVE

6.1 The Caretaker has the right to engage a suitable replacement for the person

responsible in accordance with this Agreement for the performance of the

Caretaker’s Duties for up to four weeks per annum.

6.2 The Caretaker has the right to engage a suitable replacement for the person

responsible in accordance with this Agreement for the performance of the

Caretaker’s Duties for periods of absence over four weeks per annum by agreement

with the Committee.

6.3 The Caretaker is responsible at all times for the performance of the replacement

person and their performance of the obligations under this Agreement.

6.4 The Caretaker must notify the Body Corporate two weeks in advance of any planned

leave and notify Owners, Occupiers and the Committee of the details of the person

who will in the period of absence perform the Caretaking Duties.

7 DUTIES OF THE CARETAKER

7.1 The Caretaker must perform the Caretaking Duties, as specified in Schedule A of this

Agreement.

7.2 The Caretaker must, at its expense, ensure that it provides adequate staff,

contractors and agents to carry out the Caretaking Duties.

8 EXPENSES

8.1 Caretaking Duties must be carried out at the expense of the Caretaker unless

otherwise stated in this Agreement or otherwise agreed in writing by the

committee. Specifically the Caretaker shall provide the required tools & equipment

to undertake all required duties, including but not limited to the cost and provision

of gardening equipment, cleaning equipment and supplies e.g. weed killer, fertilizer,

mulch, light bulbs on common property, cleaning supplies.

8.2 The Body Corporate must pay the following expenses work requiring a specialist

trades person or otherwise is of a specialist nature.

8.3 The Caretaker shall have the spending authority to incur expenses on behalf of the

Body Corporate in respect of any single transaction up to an amount of the

Expenditure Limit or other amount approved by the Committee in writing from time

to time.

8.4 The Caretaker will check and verify the invoices for goods or services payable by the

Body Corporate and notify the Body Corporate or their agent (as may be agreed) if

they are in order for payment.

8.5 The Body Corporate must ensure the Caretaker is promptly paid the Remuneration

and any reimbursement of expenses in accordance with clause 8.1 of this

Agreement.

9 COLLATERAL AGREEMENT

9.1 A Breach of this Agreement is considered a breach of the Letting Agreement and

vice versa.

9.2 Should this Agreement come to an end, then the Letting Agreement will be

automatically terminated and vice versa.

10 ASSIGNMENT OF CARETAKER’S AGREEMENT

10.1 The Caretaker may assign its interest in this Agreement at any time in accordance

with the provisions of the Act and the Regulation Module for this Scheme.

10.2 The Committee must not unreasonably withhold its consent to the assignment.

11 TERMINATION OF CARETAKER’S AGREEMENT

11.1 This Agreement may be terminated in accordance with the Act and the provisions

of the Regulation Module for this Scheme

11.2 This Agreement may also be terminated if a breach of the terms of this Agreement

has occurred, and within 14 days of receiving notice from the Body Corporate, the

breach has not been remedied by the Caretaker.

12 CARETAKER’S IS NOT REQUIRED TO OWN / RESIDE IN THE MANAGER’S UNIT OR ON-SITE

12.1 For the avoidance of doubt, the Caretaker (or in the event that the Caretaker is a

corporation, their representative) is not required to own a lot in the scheme or to

reside on-site at the scheme.

12.2 In accordance with the Caretaker’s duties schedule, the Caretaker or its

representative must be:

a contactable via phone 24 hours a day 7 days a week for emergencies only;

b generally available via phone or email during Regular Business Hours;

c available in any kiosk or office on site, for a minimum duration of two (2) days

each week, and a minimum of four (4) hours a day on each of those occasions

and at times generally known via notification to Owners and Occupiers.

13 OCCUPATION AUTHORITY

13.1 The Body Corporate grants the Caretaker an authority to occupy the areas as

marked “OA” in Schedule B (“Occupation Authority areas”).

13.2 The Occupation Authority areas are for the purpose of:

a Storage; and

b Working space

13.3 Occupation Authority areas may only be used for purposes for which they were

granted.

13.4 The Caretaker must maintain the Occupation Authority areas in a clean and tidy

state and in good repair.

14 COSTS

Each party shall bear their own costs associated with this Agreement, but all stamp

duty assessed on, applicable to, or in any way connected with this Agreement shall

be borne by the Caretaker.

15 INSTRUCTION AND NOTICES

15.1 The Body Corporate must –

a nominate one person (the “Nominee”) to communicate with the Caretaker on

its behalf; and

b notify the Caretaker in writing of the appointment of the Nominee or its

replacement.

15.2 The Caretaker must –

a confer with the Nominee concerning the Caretaking Duties; and

b attend any general meeting or Committee meeting of the Body Corporate if

requested and given reasonable notice by the Nominee.

15.3 Any notice required to be given or served by either party to this Agreement shall be

given or served in the same manner as is provided for in section 347 of the Property

Law Act 1974 whether or not that Act or that section shall be repealed, substituted

or amended subsequent to the date of this Agreement.

16 SEVERANCE

16.1 If for any reason a provision of this Agreement is deemed by a Court or other

competent authority to be invalid, illegal or unenforceable, then the provision will

be severed from this Agreement and will be deemed never to have been part of this

Agreement. The remainder of the provisions of this Agreement will remain in force

unless the basic purposes of this Agreement would be defeated by the severance of

the offending provision.

16.2 Should any of the Caretakers Duties be found to be an administrative service, then

they will be struck from this Agreement and will be deemed never to have been part

of this Agreement. If it cannot be struck from this Agreement, then it will be deemed

that no part of the Remuneration relates to those duties.

17 GOVERNING LAW

This Agreement will be construed in accordance with the law of Queensland and the parties

submit to the non-exclusive jurisdiction of the Queensland Courts notwithstanding the

domicile or residence of any party or the occurrence of any act, matter or thing outside of

Queensland.

18 CODE OF CONDUCT

The Caretaker acknowledges that the provisions of the code of conduct contained in

Schedules 2 and 3 of the Body Corporate and Community Management Act 1997 are taken

to be included in the terms of this Agreement and, if there is any inconsistency between a

provision of the code and another term of this Agreement, the provision of the code

prevails.

Schedule A – Caretaker’s Duties

COMPLEX IN GENERAL

The required standard: The Caretaker must maintain (including, where applicable, in a clean and

tidy condition) all Common Property, and any other land or utility infrastructure the body corporate

is compelled to maintain under any development approval relating to the Scheme

(“Development Approval”) to a high standard in all regards.

Without removing the requirement to satisfactorily achieve the required standard, the Caretaker

must as a minimum perform the following duties:

• Generally observe the activities in the Scheme and take action on a routine basis to rectify

any matters that are identified; and

• Keep in a clean and tidy condition all areas of common property including but not limited

to all common areas, foyers, entries, facilities, roads, paths, parking areas or driveways,

and other common areas routinely used or accessed by residents or visitors;

• Pick up all litter on a routine basis.

LAWNS

Overview: The Caretaker must maintain common property lawns including any Council nature

strip adjacent to the scheme to a high standard inclusive of weeding, fertilizing and top dressing

as required.



• Mow all lawns at least fortnightly in summer and every three weeks in winter, weather

permitting;

• Edge all lawns at least fortnightly in summer and every three weeks in winter, weather

permitting;

• Weed all lawns monthly;

• Fertilize all lawns as required;

• Top dress all lawns as required; and

• Treat lawn for grubs as required.

GARDENS / TREES

The required standard: The Caretaker must maintain common property gardens and the plants

therein, and any Council nature strip adjacent to the scheme and the plants therein, so that the

plants are healthy and the gardens are aesthetically appealing.



• Weed all gardens at least monthly;

• Fertilize all gardens as required;

• Treat all plants for bugs as required;

• Replace any plants as required;

• Mulch all gardens as required;

• Aerate all garden beds as required; and

• Trim any overhanging branches etc as required.

OTHER RECREATIONAL FACILITIES

The required standard: The Caretaker must maintain any additional facilities including

recreational facilities located on common property at the commencement of this Agreement to

a safe standard and ensure the facilities are appealing for Owners and Occupiers.

Without removing the requirement to satisfactorily achieve the above standard, the Caretaker


• Check routinely for any damaged or dangerous equipment;

• Maintain/ service all equipment requiring it; and

• Clean, tidy and make presentable any / all equipment at least weekly.

PATHWAYS, ROADWAYS AND CARPARKING AREAS

The required standard: The Caretaker must maintain pathways, roads and common car parking

bays in a clean and tidy state free of grease or oil.



• Blow down all areas at least weekly;

• Check routinely and do spot blow downs of all areas as required;

• Spot degrease oil and grease – as required; and

• Arrange the professional scrubbing/ pressure washing of all areas yearly, unless otherwise

directed.

MACHINERY, PLANT & EQUIPMENT

The required standard: The Caretaker must maintain all machinery, plant and equipment to a

level to ensure its safe operation, ensuring it is running as economically as it can do, and that is

it generally well-kept and operational.



• Carry out a basic visual inspection weekly;

• Carry out a detailed inspection monthly; and

• At the cost of the body corporate, arrange for a qualified and licenced (if required) service

contractor to service and maintain for all machinery, plant and equipment as is

reasonably required to achieve the required standard.

HEALTH & SAFETY

The required standard: The Caretaker must ensure the property is safe and free of any hazards.



• Check all scheme land is safe and free of any hazards routinely;

• Check all lighting is operational – routinely;

• Ensure the Scheme land is in a state of good repair and that all safety precautions or

recommendations are followed;

• At the cost of the body corporate, at least every 5 years (and more frequently if required

or directed by the Committee) arrange an external report on the safety of and any hazards

affecting the Scheme land;

• Keep logs of any incident or injury that occur on Scheme land;

• Ensure any water cooling towers or ventilation shafts or the like are being inspected and

treated for any disease or other aspect that may be a risk to the wellbeing of Owners and

Occupiers and their visitors;

• Ensure any bulk bins are cleaned regularly by a contractor specialising in such work, at

least monthly unless otherwise directed by the Committee; and

• Move any bulk bins out for collection and return same following collection.

COMPLIANCE

The required standard: The Caretaker must ensure all aspects of the Scheme land, the

machinery, plant and equipment, and in particular the fire-fighting apparatus are all maintained

in a compliant state to any legislative requirements.


must as a minimum perform the following duties, provided that the cost of compliance shall be

paid by the body corporate:

• Ensures that the Body Corporate enters into a service contract to have all fire safety

equipment maintained;

• The Body Corporate conducts an annual fire / evacuation drill and maintain/ update, or

arrange the updating of a fire management plan as required;

• Check if any other equipment has legislative requirements, and ensure the machinery

plant or equipment or facility are maintained in a state that is deemed compliant with

those requirements;

• Ensure that all required backflow testing is routinely conducted by a licensed contractor,

and that all required reports are submitted to the Local Authority.

MAINTENANCE & REPAIRS

The required standard: The Caretaker must ensure all maintenance and repairs required are

performed promptly.



• Undertake routine maintenance of all common property and body corporate equipment

to ensure that the same is maintained in proper working order and condition;

• Carry out all minor repairs not requiring specialised equipment or training, or the

services of a specialist trades person;

• Pick up and deliver any smaller items as required;

• Oversee the workmanship of any contractor engaged by the Body Corporate;

• Check and clear all stormwater drainage systems;

• Provide a detailed update on the condition and the recommended works to be carried

out to the committee for review at least annually; and

• Arrange, at the cost of the body corporate, the annual pest treatment to Common

Property.

BY-LAWS

The required standard: The caretaker must know the by-laws and monitor the adherence of by-

laws and report to the Committee any observed breaches.



• Conduct a nightly ‘walk around’ to ensure the Scheme is secure and Owners and

Occupiers are in adherence to the by-laws;

• Bring to the attention of non-compliant Owners and Occupiers, both verbally (and if

continuing) in writing, the requirements of the by-laws, and how their conduct is

considered not to be in adherence with a by-law or by-laws, or is generally causing a

nuisance or hazard to others at the scheme;

• Keep a set of by-laws available for Owners and Occupiers; and

• Provide urgent alerts to the Committee for significant breaches of the by-laws and a

fortnightly advice for all other matters.

OTHER DUTIES

The required standard: The Caretaker must ensure the Committee is up to date on any issues at

the Scheme. The Caretaker will also have documented evidence of any matters of concern and

shall have reported these items to the Committee. The Caretaker will be reasonably available for

Owners and Occupiers and shall attend Committee meetings.



• Keep a key register and safeguard spare keys for Owners and Occupiers;

• Answer questions from Owners, Occupiers and Committee members;

• Obtain and hold $10 million in public indemnity insurance, and provide a copy of the

Certificate of Currency of such policy to the Committee when requested;

• Obtain and hold WorkCover Insurance (or such similar insurance) sufficient to cover all

employees employed by the Caretaker at the scheme;

• Ensure that building security systems are operational and that the building is secured at

all times;

• If the body corporate has installed an electronic security surveillance system (including

CCTV or like, with associated monitoring), then the Caretaker shall undertake monitoring

of the video footage recorded from time to time and shall do so in circumstances where

an incident has occurred or is reported and will report findings and provide video footage

or recording to the Committee and / or the Police of any incidents;

• Provide a written report for all Committee meetings;

• Obtain a minimum of two comparative quotes when requested by the Committee for all

proposed expenditures for the scheme over $500 (but not including external contractors

– see below);

• Be available and generally to assist the Committee in circumstances of emergency

affecting the scheme (eg. a fire, electrical or flooding emergency), and to undertake

promptly all reasonable directions of the Committee to safeguard the scheme;

• Attend all Committee meetings between 9:00 AM to 5:00 PM Monday – Friday (“Regular

Business Hours”);

• Be contactable via phone 24 hours a day 7 days a week for emergencies only;

• Be generally available via phone or email during Regular Business Hours;

• Be available in any kiosk or office, for a minimum of 2 days each week and for the duration

of four (4) hours each of those days;

• Be available in any kiosk or office on site, for a minimum duration of two (2) days each

week, and a minimum of four (4) hours a day on each of those occasions and at times

generally known via notification to Owners and Occupiers, or as otherwise agreed in

writing with the committee;

• Keep clear and concise records of all maintenance, repairs, compliance, safety inspections

or servicing;

• For any requested works requiring external contractors, the caretaker will obtain one

quote for work estimated to be up to $2,000.00 in value and provide two quotes for any

works likely to exceed $2,000.00; and

• Coordinate access to Lots / issue entry notices to Lots on behalf of the Body Corporate,

when directed.

Schedule B OCCUPATION AUTHORITY AREAS

INSERT OCCUPATION AUTHORITY DIAGRAM

(please instruct if there are to be Occupation Authority Areas associated with the Cartaking

Agreement. Normally such areas would be used for storage (eg of all equipment and supplies). If

so, a sketch plan must be attached. If not, clause 13 and this schedule B to be deleted.

EXECUTED by the parties on the day of 2021.

Executed by the Body Corporate for SIGNATURE UNDERWOOD – ZAINAB PLACE

Community Titles Scheme (TBA) in accordance with Body Corporate and

Community Management Act 1997.

The common seal of the Body Corporate for )

SIGNATURE UNDERWOOD – ZAINAB PLACE CTS )

was affixed in the presence of the appointed )

Body Corporate Chairperson Idris Jangda )

________________________________ Chairperson’s Full Name - Idris Jangda

Chairperson Signature

________________________________ Witness’ Full Name - Richard Meek

Witness Signature

Executed by SIGNATURE MANAGEMENT REALESTATE PTY LTD (ACN 629 336 063)

as Trustee for the AZIIN TRUST (ABN 50 887 673 936) by Nasreen Jangda as

director

_____________________________ Director’s full name -Nasreen Jangda

Director’s Signature

______________________________ Witness’ Full Name - Richard Meek

Witness Signature

LETTING AGREEMENT

BETWEEN

THE BODY CORPORATE FOR ZAINAB PLACE CTS (TBA)

AND

SIGNATURE MANAGEMENT REALSTATE PTY LTD

AS TRUSTEE FOR THE AZIIN TRUST

THIS AGREEMENT is made on this day of 2021.

BETWEEN THE BODY CORPORATE FOR ZAINAB PLACE COMMUNITY TITLES SCHEME

1 -3 BROOKVALE DRIVE, UNDERWOOD (4119) IN THE STATE OF QUEENSLAND

(“THE BODY CORPORATE”)

AND SIGNATURE MANAGEMENT REALESTATE PTY LTD (ACN 629 336 063)

AS TRUSTEE FOR THE AZIIN TRUST (ABN 50 887 673 936)

OF 19 ELISA AVENUE, UNDERWOOD (4119) IN THE STATE OF QUEENSLAND

(“THE LETTING AGENT”)

WHEREAS

A. The Body Corporate is constituted under the Body Corporate and Community

Management Act 1997 (“BCCMA”).

B. The Body Corporate wishes to provide a letting service to the Owners.

C. The Body Corporate appoints the Letting Agent to occupy an office or area of the complex,

as further described, to carry out the service of letting units on behalf of lot owners, who

may choose to utilize that service.

D. The Letting Agent conducts a ‘letting agent business’ as defined in the Body Corporate


1 DEFINITIONS

1.1 Act – Unless otherwise stated any reference to the Act refers to The Body Corporate


1.2 Caretaking Agreement – the caretaking agreement to be entered into between the

Letting Agent (as Caretaker) and the Body Corporate contemporaneously with this

Agreement.

1.3 Commencement Date - ___/___/______.

1.4 Common Property – As defined in the Act and that is the responsibility of the Body

Corporate to maintain. Any reference to Common Property in this Agreement

specifically excludes Common Property which is otherwise assigned under an

exclusive use by-law.

1.5 Committee – The members so elected at each Annual General Meeting for the Body

Corporate entrusted to administer the Common Property on behalf of Owners.

1.6 Further Term – Nil.

1.7 Letting Agent’s Duties – the duties set out in Schedule A to this Agreement.

1.8 Letting Agent’s Services – the services of Letting Agent which may be provided to

Owners by the Letting Agent as apprehended by this Agreement, including the Letting

Agent’s Duties.

1.9 Lots – Those areas in the scheme not forming part of the Common Property, or

exclusive use Common Property, owned by an Owner

1.10 Occupier – a resident Owner or resident lessee of a Lot, or someone else who lives in

a Lot.

1.11 Owner – Registered owners of Lots and includes mortgagees in possession.

1.12 Regulation Module – the regulation module that is recorded on the community

management statement in the Department of Natural Resources, Mines and Energy

as stated to apply to the Scheme.

1.13 Scheme – Zainab Place Community Titles Scheme, located at 1-3 Brookvale Drive,

Underwood, in the State of Queensland, depicted on plan SP 322203

1.14 Standard Business Hours – Between the Hours of 9:00 AM and 5:00 PM, Monday

Through to Friday, excluding Public Holidays.

1.15 Term – 25 years from the Commencement Date of this Agreement, terminating on

the Termination Date.

1.16 Termination Date - ___/___/_____.

2 ENGAGEMENT OF LETTING AGENT

2.1 The Body Corporate engages the Letting Agent to provide the Letting Agent’s Services

for the Term commencing on the Commencement Date and ending on the

Termination Date.

2.2 The Letting Agent accepts the engagement on the terms contained in this Agreement.

2.3 The Letting Agent is an independent contractor to the Body Corporate.

2.4 The Body Corporate agrees not to permit any other person or entity (“External Letting

Agents”) to provide letting services on or from the Scheme land, this does not exclude

External Letting Agents from conducting a letting service from an offsite office.

2.5 The Letting Agent acknowledges that external letting agents have a right of access to

the Scheme land.

2.6 The Body Corporate grants the Letting Agent the right to erect reasonable signage for

the purpose of the Letting Agent’s Services within the Scheme land.

3 OPTION TO RENEW

There is no option to automatically renew, during the term of this Agreement the Letting

Agent and Body Corporate may by mutual consent enter into a further term.

4 LETTING AGENT AS A CORPORATION

4.1 If the Letting Agent is a corporation, the Letting Agent must, with adequate

information concerning the persons involved, seek Committee approval to appoint a

representative to perform the Letting Agent’s Services. The Body Corporate must not

unreasonably withhold its consent.

4.2 Any controlling share change of the Letting Agent shall be deemed to be an

assignment of this Agreement and the provisions of clause 11 of this Agreement shall

apply.

5 REMUNERATION

5.1 The Body Corporate is not required to remunerate the Letting Agent for the Letting

Agent’s Services.

5.2 The Letting Agent may seek commission or fees from those Owners utilising the

Letting Agent’s Services.

5.3 Additional payments or undisclosed commissions are not grantable to or receivable

by the Letting Agent.

6 LETTING AGENT’S LEAVE

6.1 The Letting Agent has the right to engage a suitable replacement for the person

responsible in accordance with this Agreement for the performance of the Letting

Agent’s Services for up to four weeks per annum.

6.2 The Letting Agent has the right to engage a suitable replacement for the person

responsible in accordance with this Agreement for the performance of the Letting

Agent’s Services for periods of absence over four weeks per annum by agreement

with the Committee.

6.3 The Letting Agent is responsible at all times for the performance of the replacement

person and their adherence to this Agreement.

6.4 The Letting Agent must notify the Body Corporate two weeks in advance of any

planned leave and notify Owners, Occupiers and the Committee of the details of the

person who will in the period of absence perform the Letting Agent’s Services of this

Agreement.

7 DUTIES OF THE LETTING AGENT

7.1 The Letting Agent must perform the Letting Agent’s Duties (As specified in Schedule

A of this Agreement).

7.2 The Letting Agent must ensure that it provides adequate staff, contractors and agents

to carry out the Letting Agent’s duties.

8 LETTING AGENT MUST COMPLY WITH LAWS

8.1 The Letting Agent must:

a Comply with all by-laws, laws and regulations;

b Maintain any licence or registration required by law; and

c Act justly and faithfully in all dealings with Owners and Occupiers in particular,

without limitation, by:

i Not favouring the interests of any Owner or Occupier over the interests

of any other; and

ii Properly accounting for all monies received by the Letting Agent in

connection with letting any Lot.

9 EXPENSES

Letting Agent’s Duties must be carried out at the expense of the Letting Agent unless

otherwise agreed.

10 COLLATERAL AGREEMENT

10.1 A breach of this Agreement is considered a breach of the Caretaking Agreement and

vice versa.

10.2 Should this Agreement come to an end, then the Caretaking Agreement will be

automatically terminated and vice versa.

11 ASSIGNMENT OF LETTING AGENTS’ AGREEMENT

11.1 The Letting Agent may assign its interest in this Agreement with the Body Corporate

at any time in accordance with the provisions of the Act and the Regulation Module.

11.2 The committee must not unreasonably withhold its consent to the assignment.

12 TERMINATION OF LETTING AGENTS AGREEMENT

12.1 This Agreement may be terminated in accordance with the Act and the Regulation

Module.

12.2 This Agreement may also be terminated if a breach of the terms of this Agreement

has occurred, and within 7 days of receiving notice from the Body Corporate, the

breach has not been remedied by the Letting Agent.

13 LETTING AGENT’S IS NOT REQUIRED TO OWN / RESIDE IN THE LETTING AGENT’S UNIT OR

ON-SITE

13.1 For the avoidance of doubt, the Letting Agent (or in the event that the Letting Agent

is a corporation, their representative) is not required to reside in the Letting Agent’s

Unit or on-site.

13.2 In accordance with the Letting Agent’s duties schedule, the Letting Agent’s or its

representative must be:

a contactable via phone 24 hours a day 7 days a week for emergencies only;

b generally available via phone or email during Regular Business Hours;

c available in any kiosk or office (if present), for a minimum duration of two (2)

hours each day Monday through to Friday, at a time advised to Owners and

Occupiers.

14 OCCUPATION AUTHORITY

14.1 The Body Corporate grants the Letting Agent an authority to occupy the areas as

marked “OA” in Schedule B (“Occupation Authority areas”).

14.2 The Occupation authority areas are for the purpose of:

a The Letting Service; and

b Administration.

14.3 Occupation Authority areas may only be used for the purpose in which they were

granted.

14.4 The Letting Agent must maintain the occupation authority areas in a clean and tidy

state and in good repair.

15 INSTRUCTION AND NOTICES

15.1 The Body Corporate must -

a Nominate one person (the “Nominee”) to communicate with the Letting Agent

on its behalf; and

b Notify the Letting Agent in writing of the appointment of the Nominee or its

replacement.

15.2 The Letting Agent must –

a Confer with the Nominee concerning the Letting Agent’s Duties; and

b Attend any Committee meeting if requested and given reasonable notice by the

Nominee.

c Any notice required to be given or served by either party to this Agreement

shall be given or served in the same manner as is provided for in section 347 of

the Property Law Act 1974 whether or not that Act or section shall be repealed,

substituted or amended subsequent to the date of this Agreement.

16 COSTS

Each party shall bear their own costs associated with this Agreement, but all stamp duty

assessed on, applicable to, or in any way connected with this Agreement shall be borne by

the Letting Agent.

17 SEVERANCE

17.1 If for any reason a provision of this Agreement is deemed by a Court or other

competent authority to be invalid, illegal or unenforceable, then the provision will be

severed from this Agreement and will be deemed never to have been part of this

Agreement. The remainder of the provisions of this Agreement will remain in force

unless the basic purposes of this Agreement would be defeated by the severance of

the offending provision.

17.2 Should any of the Letting Agents Duties be found to be an administrative service, then

they will be struck from this Agreement and will be deemed never to have been part

of this Agreement.

18 GOVERNING LAW

This Agreement will be construed in accordance with the law of Queensland and the parties

submit to the non-exclusive jurisdiction of the Queensland Courts notwithstanding the

domicile or residence of any party or the occurrence of any act, matter or thing outside of

Queensland.

19 CODE OF CONDUCT

The Letting Agent acknowledges that the provisions of the code of conduct contained in

Schedules 2 and 3 of the Body Corporate and Community Management Act 1997 are taken

to be included in the terms of this Agreement and, if there is any inconsistency between a

provision of the code and another term of this Agreement, the provision of the code

prevails.

SCHEDULE A

LETTING AGENT’S DUTIES

▪ Maintain and staff an office or reception area, or otherwise be onsite from time to time

for the purposes of a letting service. Specifically the Letting Agent or its representative

must be:

o contactable via phone 24 hours a day 7 days a week for emergencies only;

o generally available via phone or email during Regular Business Hours;

o available in any kiosk or office on site, for a minimum duration of two (2) days

each week, and a minimum of four (4) hours a day on each of those occasions and

at times generally known via notification to Owners and Occupiers.

▪ The Letting Agent’s Services may be carried out by the Letting Agent, its delegates or its

employees.

▪ The Letting Agent may conduct the Letting Agent business and will provide the Letting

Agent’s Services from the Letting Agent's Unit or from any other part of the Scheme land

designated for use by the Letting Agent for that purpose.

▪ The Letting Agent will -

(a) provide the Letting Agent’s Services for the Owners who require that service;

(b) supervise the standard of tenants of all lettings handled by the Letting Agent and

ensure by-laws are observed and adhered to by tenants;

(e) obtain all necessary permits, consents or licences required to provide the

Letting Agent’s Services;

(f) act fairly and lawfully and not discriminate between Owners; and

(g) keep proper records and books of all tenancies.

Schedule B OCCUPATION AUTHORITY AREAS

(INSERT OCCUPATION AUTHORITY AREAS DIAGRAM IF THESE ARE BEING CREATED)

EXECUTED by the parties on the day of 2021.

Executed by the Body Corporate for ZAINAB PLACE Community Titles Scheme

(TBA)in accordance with Body Corporate and Community Management Act 1997.

The common seal of the Body Corporate for )

ZAINAB PLACE CTS )

was affixed in the presence of the appointed )

Body Corporate Chairperson Idris Jangda )

________________________________ Chairperson’s Full Name - Idris Jangda

Chairperson Signature

________________________________ Witness’ Full Name - Richard Meek

Witness Signature

Executed by SIGNATURE MANAGEMENT REALESTATE PTY LTD (ACN 629 336 063)

as Trustee for the AZIIN TRUST (ABN 50 887 673 936) by Nasreen Jangda as

director

_____________________________ Director’s full name -Nasreen Jangda

Director’s Signature

______________________________ Witness’ Full Name - Richard Meek

Witness Signature


3461-6308-0721, v. 2 Page (13)

Schedule 6—Proposed Body Corporate assets

The following is a list of assets proposed to be acquired by the Body Corporate:

• Easement in gross No. 715061999 burdening the land over Easement C on SP245474

• Easement No. 715062010 benefitting the land over Easement A on SP 245474


3461-6308-0721, v. 2 Page (14)

Schedule 7—Draft First Community Management Statement for Signature Underwood – Zainab Place

QUEENSLAND TITLES REGISTRY FIRST/NEW COMMUNITY MANAGEMENT STATEMENT CMS Version 4

Body Corporate and Community Management Act 1997 Page 1 of 25

THIS CMS MUST BE DEPOSITED WITH:

- A FORM 14 GENERAL REQUEST; AND

- A FORM 18C (IF NO EXEMPTION TO THE

PLANNING BODY CMS NOTATION APPLIES).

A NEW CMS MUST BE LODGED WITHIN THREE (3) MONTHS OF THE DATE OF CONSENT BY THE BODY CORPORATE

Office use only CMS LABEL NUMBER

This statement incorporates and must include the following:

Schedule A - Schedule of lot entitlements Schedule B - Explanation of development of scheme land Schedule C - By-laws Schedule D - Any other details Schedule E - Allocation of exclusive use areas

1. Name of community titles scheme

SIGNATURE UNDERWOOD – ZAINAB PLACE COMMUNITY TITLE SCHEME

2. Regulation module

ACCOMMODATION MODULE

3. Name of body corporate

BODY CORPORATE FOR SIGNATURE UNDERWOOD – ZAINAB PLACE COMMUNITY TITLE SCHEME

4. Scheme land

Lot on Plan Description Title Reference

SEE ENLARGED PANEL SEE ENLARGED PANEL

5. #Name and address of original owner

PACIFIC ENTERPRISES GROUP PTY LTD A.C.N. 098 424 161 AS TRUSTEE FOR THE PACIFIC ENTERPRISES DISCRETIONARY TRUST AND NORIBA PTY LTD A.C.N. 126 419 145 AS TRUSTEE FOR THE PARUK UNDERWOOD TRUST OF 16 BELLEWOOD PLACE, UNDERWOOD QLD 4119

6. Reference to plan lodged with this statement

SP322203

# first community management statement only

7. New CMS exemption to planning body community management statement notation (if applicable*)

Insert exemption clause (if no exemption – insert ‘N/A’ or ‘not applicable’)

NOT APPLICABLE *If there is no exemption or for a first community management statement (CMS), a Form 18C must be deposited with the Request to record the CMS.

8. Execution by original owner/Consent of body corporate

PACIFIC ENTERPRISES GROUP PTY LTD A.C.N. 098 424 161 AS TRUSTEE THE PACIFIC ENTERPRISES DISCRETIONARY TRUST

/ / ........................................................................................ Execution Date Director Director/Secretary *Execution

NORIBA PTY LTD A.C.N. 126 419 145 AS TRUSTEE FOR THE PARUK UNDERWOOD TRUST

/ / ........................................................................................ Execution Date Director Director/Secretary *Execution

*Original owner to execute for a first community management statement *Body corporate to execute for a new community management statement

Privacy Statement Collection of information from this form is authorised by legislation and is used to maintain publicly searchable records. For more information see the Department’s website.

QUEENSLAND LAND REGISTRY ENLARGED PANEL FORM 20 Version 2

Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 2 of 24


4. Scheme land

Lot on Plan Description Title Reference

Common Property of Signature Underwood – Zainab Place Community Title Scheme

To be issued

Lot 1001 on SP 322203

Lot 1002 on SP 322203

Lot 1003 on SP 322203

Lot 1004 on SP 322203

Lot 1005 on SP 322203

Lot 1006 on SP 322203

Lot 1007 on SP 322203

Lot 1008 on SP 322203

Lot 1009 on SP 322203

Lot 1010 on SP 322203

Lot 1011 on SP 322203

Lot 1012 on SP 322203

Lot 2001 on SP 322203

Lot 2002 on SP 322203

Lot 2003 on SP 322203

Lot 2004 on SP 322203

Lot 2005 on SP 322203

Lot 2006 on SP 322203

Lot 2007 on SP 322203

Lot 2008 on SP 322203

Lot 2009 on SP 322203

Lot 2010 on SP 322203

Lot 2011 on SP 322203

Lot 2012 on SP 322203

Lot 3001 on SP 322203

Lot 3002 on SP 322203

Lot 3003 on SP 322203

Lot 3004 on SP 322203

Lot 3005 on SP 322203

Lot 3006 on SP 322203

Lot 3007 on SP 322203

Lot 3008 on SP 322203

Lot 3009 on SP 322203

Lot 3010 on SP 322203

Lot 3011 on SP 322203

Lot 3012 on SP 322203

Lot 4001 on SP 322203

Lot 4002 on SP 322203

Lot 4003 on SP 322203

Lot 4004 on SP 322203

Lot 4005 on SP 322203

Lot 4006 on SP 322203

Lot 4007 on SP 322203

Lot 4008 on SP 322203

Lot 4009 on SP 322203

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued

To be issued




Lot 4010 on SP 322203

Lot 4011 on SP 322203

Lot 4012 on SP 322203

To be issued

To be issued

To be issued




SCHEDULE A SCHEDULE OF LOT ENTITLEMENTS

Lot on Plan Contribution Interest

Lot 1001 on SP 322203 1 1

Lot 1002 on SP 322203 1 1

Lot 1003 on SP 322203 1 1

Lot 1004 on SP 322203 1 1

Lot 1005 on SP 322203 1 1

Lot 1006 on SP 322203 1 1

Lot 1007 on SP 322203 1 1

Lot 1008 on SP 322203 1 1

Lot 1009 on SP 322203 1 1

Lot 1010 on SP 322203 1 1

Lot 1011 on SP 322203 1 1

Lot 1012 on SP 322203 1 1

Lot 2001 on SP 322203 1 1

Lot 2002 on SP 322203 1 1

Lot 2003 on SP 322203 1 1

Lot 2004 on SP 322203 1 1

Lot 2005 on SP 322203 1 1

Lot 2006 on SP 322203 1 1

Lot 2007 on SP 322203 1 1

Lot 2008 on SP 322203 1 1

Lot 2009 on SP 322203 1 1

Lot 2010 on SP 322203 1 1

Lot 2011 on SP 322203 1 1

Lot 2012 on SP 322203 1 1

Lot 3001 on SP 322203 1 1

Lot 3002 on SP 322203 1 1

Lot 3003 on SP 322203 1 1

Lot 3004 on SP 322203 1 1

Lot 3005 on SP 322203 1 1

Lot 3006 on SP 322203 1 1

Lot 3007 on SP 322203 1 1

Lot 3008 on SP 322203 1 1

Lot 3009 on SP 322203 1 1

Lot 3010 on SP 322203 1 1

Lot 3011 on SP 322203 1 1

SIGNATURE UNDERWOOD – ZAINAB PLACE COMMUNITY TITLE SCHEME Page 5 of 24

Lot 3012 on SP 322203 1 1

Lot 4001 on SP 322203 1 1

Lot 4002 on SP 322203 1 1

Lot 4003 on SP 322203 1 1

Lot 4004 on SP 322203 1 1

Lot 4005 on SP 322203 1 1

Lot 4006 on SP 322203 1 1

Lot 4007 on SP 322203 1 1

Lot 4008 on SP 322203 1 1

Lot 4009 on SP 322203 1 1

Lot 4010 on SP 322203 1 1

Lot 4011 on SP 322203 1 1

Lot 4012 on SP 322203 1 1

TOTAL 48 48


Explanation with respect to contribution lot entitlements and interest lot entitlements pursuant to section 66 of the Body Corporate and Community Management Act 1997 (BCCM Act):

1. Calculation of contributions schedule lot entitlements

In accordance with section 46A of the Body Corporate and Community Management Act 1997, the contribution schedule lot entitlements (CSLE) have been determined using the Equality Principle.

2. Calculation of the interest schedule lot entitlements

The Interest Schedule Lot Entitlements (ISLE) reflect the respective market value of the lots which are effectively equal for all lots. The Interest Schedule Lot Entitlements (ISLE) for the Scheme have been determined using the Market Value Principle, as required by Section 46B of the BCCM Act.

SCHEDULE B EXPLANATION OF THE DEVELOPMENT OF SCHEME LAND

Not applicable.

SCHEDULE C BY-LAWS

1. Interpretation

1.1 Meaning of words

In these By-Laws:

(a) Act means the Body Corporate and the Community Management Act 1997 (Qld).

(b) Assistance Animal has the same meaning as is given to “Assistance Animal” in the Disability

Discrimination Act 1992 (Cth) and for the avoidance of doubt, includes any companion animal.

(c) Body Corporate has the same meaning as is given to "Body Corporate" under the Act.

(d) Body Corporate Assets means the real and personal property of the Body Corporate other than

property that is incorporated into and becomes part of the Common Property.

(e) Caretaker means the person engaged by the Body Corporate to act as the on-site caretaker to

provide management and maintenance services for the Scheme who may also be authorised to carry

on business as a letting agent for the Scheme.

(f) CMS means this community management statement.

(g) Committee has the same meaning as is given to "Committee" under the Act.

(h) Common Property has the same meaning as is given to "Common Property" under the Act.

(i) Costs includes fees, costs, charges, expenses and disbursements, including those incurred in

connection with advisers, and GST applicable to those costs, charges, expenses and disbursements.

(j) GST has the meaning given to it in the GST Act.

(k) GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the related

imposition Acts and regulations.

(l) Invitees means an Occupier's agents, servants, contractors, guests, visitors, children and customers.

(m) Local Government means the Logan City Council.

(n) Lot means a lot that is part of the Scheme.

(o) Module means the Body Corporate and Community Management (Accommodation Module)

Regulation 2008.

(p) Occupier has the same meaning as is given to "Occupier" under the Act.

(q) Original Owner means the original owner as defined in the Act, and any person nominated by the

Original Owner from time to time.

(r) Owner means the owner of an interest in a Lot from time to time.

(s) Personal Watercraft means a recreational boat no longer than six metres in length and includes jet


skis.

(t) Recreation Area the parkland area and barbecue area located on the Scheme Land.

(u) Scheme means the community titles scheme to which this CMS applies.

(v) Scheme Building means the buildings located on the Scheme Land.

(w) Scheme Land means the land described as scheme land in Item 4 of this CMS.

(x) Service means utility services such as water, water treatment, sewerage, drainage, gas, electricity,

air-conditioning, communications, computer data or television service, trade waste, garbage removal

and fire services supplied to the Scheme Land or another service or system designed to improve the

amenity, or enhance the enjoyment of the Lots and the Common Property.

(y) Service Infrastructure means any infrastructure for the provision of Services to the Scheme Land.

(z) Service Provider means any entity that provides Services to the Body Corporate.

(aa) Visitor Parking Areas means any parking areas on the Common Property designated by the Body

Corporate from time to time for use as casual parking by visitors to the Scheme Land (if any).

1.2 Rules of interpretation

In these by-laws unless the contrary intention appears:

(a) A reference to a by-law includes any variation or replacement of it.

(b) A reference to a statute, ordinance, code or other law includes regulations and other instruments

under it and consolidations, amendments, re-enactments or replacements of any of them.

(c) The singular includes the plural and vice versa.

(d) A reference to a person includes a firm, a body corporate, an unincorporated association or an

authority.

(e) A reference to any thing is a reference to the whole and each part of it.

(f) Where these by-laws say that something can or must be done by the Body Corporate then that thing

may be done by the Committee unless there is a legal restriction on the Committee doing so.

(g) Any requirement to obtain the consent or approval of the Body Corporate is a requirement to obtain

the prior written consent or approval of the Body Corporate.

(h) "including" when introducing a list of items does not limit the meaning of the words to which the list

relates to those items or to items of a similar kind.

(i) A reference to a “Column” in this CMS is a reference to a column in Schedule E of this CMS.

2. General

2.1 Compliance

Occupiers must comply with, and ensure all Invitees comply with—

(a) these by-laws and any Body Corporate rules made in accordance with these by-laws

(b) all relevant laws, and

(c) the requirements, notices and orders of any Service Provider with jurisdiction over the Scheme Land.

3. Protection of Common Property

3.1 Gardens and plants

An Occupier must not damage or remove any lawn, garden, plant or part of a plant on the Common Property without the prior written consent of the Committee.

3.2 Property of the Body Corporate

An Occupier must not—

(a) damage or deface any Body Corporate Asset or structure that forms a part of the Common Property,


or

(b) erect or install anything on Common Property, or operate, adjust or interfere with the operation of any

Body Corporate Asset or structure that forms part of the Common Property without the consent of the

Body Corporate.

3.3 Damage to Common Property

If an Occupier damages the Common Property, the Body Corporate may repair the damage and recover its repair Costs from the Occupier as a liquidated debt due to it in any action in any Court of competent jurisdiction from the Occupier.

3.4 Depositing rubbish on Common Property

An Occupier must not put any rubbish, dirt or other material on the Common Property except in bins provided by the Body Corporate or the Local Government for the use of the Lot occupied by that Owner or in a garbage chute provided for that purpose.

4. Use of Common Property

4.1 Use of Common Property and Body Corporate Assets

(a) Subject to by-law 5.1(a), Occupiers will have unrestricted access to all areas of the Common Property,

including any recreation areas on the Common Property.

(b) An Occupier must—

(i) use Common Property and Body Corporate Assets for the purpose for which they were

designed or intended

(ii) ensure that they close, and where appropriate lock, any doors on the Common Property

immediately after they use them, in order to prevent unauthorised entry to the Scheme Land,

and

(iii) clean any mess they make whilst on the Common Property and remove their rubbish from the

Common Property.

4.2 Rules about use of Common Property

(i) The Committee may make and amend rules about the use of the Common Property and the Body

Corporate Assets from time to time that—

(ii) are not inconsistent with these by-laws, and

(iii) do not obstruct the lawful use of the Common Property or a Lot by another person.

(b) Occupiers and their Invitees must comply with these rules.

5. Maintenance and management of Common Property

5.1 Management of Common Property

(a) The Committee must ensure that any parts of the Common Property used for—

(i) electrical substations or control panels

(ii) fire service control panels

(iii) telephone exchanges

(iv) plant and machinery rooms

(v) water treatment facilities, and

(vi) other Services to the Lots and Common Property,

are kept locked unless there is a legal requirement to the contrary. Occupiers may not enter or open such areas without the consent of the Committee.

(b) The Committee may allow contractors or workmen employed by the Body Corporate to store items of

their property in any plant and machinery rooms on Common Property, if it is safe and lawful for that


person to do so.

(c) Every member for the time being of the Committee must be indemnified by the Body Corporate out of

its funds and assets against personal liability for the acts, omissions, neglects or default of any other

members of the Committee or for any loss or liability occasioned to the Body Corporate by any

judgement or oversight on his/her part or for any other loss, damage or misfortune whatever which

may happen during the course of the execution of the duties of his/her office and must be further

indemnified in a similar manner against any liability incurred by him/her defending any proceedings,

whether criminal or civil, in respect of any such act, omission, neglect, default, error or oversight.

(d) An Owner or an Occupier and their Invitees must observe the terms of any notice displayed in the

Common Property by authority of the Committee or the Body Corporate or of any statutory authority.

6. Conduct on Scheme Land

6.1 Obstructions

An Occupier must not—

(a) obstruct lawful use of the Common Property, Body Corporate Assets or a Lot by another person, or

(b) interfere with or obstruct any contractor or workmen engaged by the Body Corporate or the Committee

from performing the duties or exercising their rights under an agreement with the Body Corporate.

6.2 Notice of accidents

If an Occupier or its Invitees is involved in an accident on Common Property the Occupier must notify the Committee of the accident and give a reasonably detailed description of the circumstances.

6.3 Noise

(a) Occupiers and their Invitees must not make or allow any noise in a Lot or on the Common Property

that would unreasonably interfere with the enjoyment by others of a Lot or the Common Property.

(b) In particular, no Occupier will hold or permit to be held any social gathering in their Lot which would

cause any noise which unlawfully interferes with the peace and quietness of any other Occupier, at

any time of day or night.

(c) Occupiers must comply in all respects with all local, state and federal government regulations and

policies in relation to noise.

(d) If noise is unavoidable then the Occupier of a Lot from which the noise is emanating must take all

practical steps to ensure that it is minimised (for example, closing doors, windows and curtains).

6.4 Behaviour of Invitees

(a) Occupiers must take all reasonable steps to ensure that their Invitees do not behave in a manner likely

to interfere with the peaceful enjoyment of the Occupier of another Lot or of any person lawfully using

Common Property.

(b) Occupiers are liable to compensate the Body Corporate for any damage to the Common Property or to

Body Corporate Assets caused by an Occupier or their Invitees.

(c) Occupiers must ensure their Invitees comply with these by-laws.

(d) If the Body Corporate incurs a Cost to make good damage caused by a breach of the Act, the Module

or these by-laws by any Occupier or their Invitees, the Body Corporate is entitled to recover the Cost

incurred as a liquidated debt due to it in any action in any Court of competent jurisdiction from the

Occupier.

7. Use of Lots

7.1 Use of Lots

(a) Without the written approval of the Body Corporate, an Owner or Occupier may not use their Lot for

anything other than—

(i) residential purposes, or


(ii) a home office that does not compete with the Caretaker.

(b) A Lot owned or occupied by the Caretaker may be used for residential purposes and for on-site

management and letting of Lots in the Scheme in accordance with any engagement or authorisation

entered into by a Caretaker with the Body Corporate.

7.2 No alterations to external appearances

(a) An Owner or Occupier of a Lot must not make any alterations to any part of the exterior of a Lot

without the prior written consent of the Body Corporate. For example, this means an Owner or

Occupier must not—

(i) enclose the balcony, verandah, terrace or courtyard of the Lot (if any)

(ii) place or construct any improvement on the Lot which can be seen from outside the Lot

(iii) affix any antenna or aerial to the Lot

(iv) affix shutters, awnings, tinting or security screens on any door or window

(v) hang any curtains in the Lot, except curtains with a white backing, or

(vi) alter any landscaping or garden,

(b) without the consent of the Body Corporate.

(c) Any balconies, verandahs, terraces and courtyards shown on the approved drawings and documents

are to remain unenclosed with no solid balustrades, solid walls, fixed and/or operable, moveable or

adjustable screening other than those consistent with the relevant Local Government Planning

Scheme Code / Policies or clearly implied on the approved drawings.

(d) An Occupier must not hang any washing, towel, bedding, clothing or other article or display any sign or

advertisement or banner on any part of a Lot or the Common Property in such a way as to be visible

from inside or outside the Scheme Land.

(e) The Caretaker may without the consent of the Body Corporate display signs or notices for the

purposes of letting any Lot for lease in the Scheme in or about the Common Property provided they

are in keeping with the amenity of the Scheme.

7.3 Structural Changes to Lots

(a) An Owner or Occupier of a Lot must not—

(i) make any structural alterations to the Lot (including any alteration to data, gas, water, or electrical

installations or installation of any air conditioning system), or

(ii) do anything which might affect the structural integrity of the Scheme Building,

without the prior written consent of the Committee.

(b) The Owner or Occupier must also obtain any other approval required by law.

7.4 Security Screens

(a) An Owner or Occupier must not affix security screens to any window or door without the prior written

consent of the Committee.

(b) Only security screens which have the appearance of insect screens and do not detract from the

appearance of the building will be approved. Diamond mesh, grills and similar coverings will not be

approved.

7.5 Consent to alterations

The following procedure applies to an application for consent under by-laws 7.2, 7.3 and 7.4—

(a) the Owner must submit a written request together with plans and specifications to the Committee

(b) the Committee may submit the plans to an architect, engineer or other consultant nominated by it

(c) the Committee may impose conditions on the approval of the plans and specifications, and


(d) all Costs incurred by the Committee must be paid by the Owner.

7.6 Sale of Lots

An Occupier must not permit any auction sale to be conducted in a Lot without the written consent of the Body Corporate.

7.7 Defects or damage

Occupiers must give the Committee prompt notice of any defect or damage to any part of the Common Property or a Lot which they become aware of.

7.8 Fire control

(a) An Occupier must not use or interfere with any fire safety equipment except in the case of an

emergency, and must not obstruct any fire stairs or fire escape.

(b) Occupiers must not bring to, do or keep on a Lot (or exclusive use areas allocated to the Lot) anything

which increases the rate of fire or any other insurance on the Scheme Land, or which may conflict with

any insurance policy upon the Scheme Land, except with the consent in writing of the Body Corporate.

(c) The Body Corporate or an Owner or Occupier of a Lot must, in respect of the Scheme or the Lot, as

appropriate—

(i) consult with any relevant authority as to an appropriate fire alarm and fire sprinkler system for

the Scheme or the Lot

(ii) ensure that provision of all adequate equipment to prevent fire or the spread of fire in or from

the Scheme or the Lot to the satisfaction of all relevant authorities, and

(iii) take all reasonable steps to ensure compliance with fire laws in respect of the Scheme or the

Lot.

7.9 Maintenance of Lots

The Occupier of a Lot must—

(a) keep the interior of the Lot in a clean condition

(b) take all practical steps to prevent infestation by vermin and insects

(c) not use plumbing, gas and electrical equipment for any purpose other than for which they were

designed

(d) keep windows clean, and

(e) except where it is the responsibility of the Body Corporate under the Module, replace all cracked or

broken glass with new glass of the same type and appearance.

7.10 Water conservation

Occupiers must not waste water and must ensure that all taps in a Lot or on the Common Property are turned off after use.

7.11 Garbage disposal

An Occupier of a Lot must—

(a) comply with all rules made by the Body Corporate and the Local Government about disposal of

rubbish

(b) use the recycle bins or receptacles provided by the Local Government for the Lot

(c) ensure recycle bins or receptacles are stored within areas nominated by the Committee for bin storage

and are not visible from outside the Lot (or exclusive use areas allocated to the Lot), except on the day

rubbish is collected by the Local Government when recycle bins or receptacles may be placed at the

collection point nominated by the Local Government

(d) ensure that the health and comfort of other Occupiers is not adversely affected by the Occupiers

disposal of garbage, and


(e) not throw or allow any paper, rubbish, cigarette butts, or other refuse to fall out of any window, door or

balcony of the Lot.

7.12 Infectious diseases

In the event of any infectious disease which may require notification by virtue of any statute, regulation or ordinance happening in a Lot or the Common Property, an Occupier who becomes aware of that must—

(a) give written notice of that and any other information which may be required relative to it to the

Committee, and

(b) if the Occupier caused or contributed to the infectious disease pay to the Committee the expenses

incurred by the Committee of disinfecting the Lot and any part of the Common Property required to be

disinfected and replacing any articles or things the destruction of which may be necessary by such

disease.

7.13 Hazardous substances

Occupiers must not—

(a) store or use any hazardous or flammable substances on the Scheme Land (except normal quantities

of usual household substances or fuel in the tank of a vehicle permitted to be on the Scheme Land), or

(b) bring anything on to the Scheme Land which may increase the Cost of insurance or breach any fire

safety laws.

7.14 Nuisance

Without limiting section 167 of the Act—

(a) no noxious or offensive trade or activity may be carried on the Scheme Land

(b) televisions, radios and musical instruments must be reasonably controlled so they do not cause

annoyance to other Occupiers

(c) machinery, tools or other things which emit loud noises or noxious odours or which may interfere with

television or radio reception may not be used on the Scheme Land, and

(d) people entering or leaving Lots after 9.00pm must do so quietly.

7.15 Security

(a) The Committee may establish a security system and provide security services for the benefit of the

Owners and the Building.

(b) The Occupier of a Lot must lock or securely fasten all doors and windows in the Lot whenever the Lot

is not occupied.

8. Vehicles, parking and driving

(a) Vehicles may only be driven on the parts of the Common Property that are designed for that purpose

(if any).

(b) Vehicles must be driven at a safe speed. The maximum speed limit on the Common Property is

10 kilometres per hour.

(c) The Occupier of a Lot must not, without the Body Corporate’s written approval—

(i) park a vehicle, or allow a vehicle to stand, on the Common Property unless that part of the

Common Property is allocated to their Lot by way of an exclusive use by-law, or

(ii) permit an Invitee to park a vehicle, or allow a vehicle to stand, on the Common Property, except

for the designated Visitor Parking Areas which must remain available at all time for the sole use

of visitor’s vehicles.

(d) An approval under by-law 8(c) must state the period for which it is given, with the exception of

designated visitor parking.

(e) However, the Body Corporate may cancel the approval by giving seven days written notice to the


Occupier, with the exception of designated visitor parking.

(f) Occupiers acknowledge that the Visitor Parking Areas must be used by genuine visitors only and for

no more than 8 hours by a visitor in any 24 hour period without the prior approval of the Caretaker. An

Occupier must not park a vehicle, or allow a vehicle, motor cycle or bicycle to stand upon Visitor

Parking Areas at any time.

(g) Occupiers must ensure their Invitees use Visitor Parking Areas only for its intended use of casual

parking, within the rules set from time to time by the Committee.

(h) Occupiers must not, and must ensure their Invitees do not park or allow any trailer, caravan,

campervan, mobile home or Personal Watercraft on the Visitor Parking Areas.

(i) The Committee is entitled to remove (at the relevant Occupier's expense) any vehicles parked on

Common Property in breach of these by-laws by towing or other means.

(j) Heavy vehicles (over 2 tonnes tare) may not be brought onto the Scheme Land.

(k) A vehicle may only be driven on Scheme Land by a licensed driver and only if the vehicle may be

lawfully driven on a public road.

(l) The Body Corporate must ensure the Visitor Parking Areas—

(i) allow for a minimum of 12 visitor car parking spaces

(ii) are clearly line marked, and

(iii) are available for use by genuine visitors only at all times.

9. Right of entry

(a) An Occupier, upon receiving reasonable notice from the Committee, must allow the Committee or any

contractors, subcontractors, workmen or other person authorised by them, the right of access to their

Lot for the purpose of carrying out works or effecting necessary repairs, including on the security

system or the Service Infrastructure, whether to a Lot or the Common Property.

(b) In the case of an emergency no notice will be necessary. The Committee will use reasonable

endeavours to cause as little inconvenience to the Occupier as possible.

10. Supply of Services by the Body Corporate

The Body Corporate may at its election supply or engage a Service Provider to supply Services to Owners or Occupiers in the Scheme and in that case the following will apply:

(a) The Body Corporate may enter into a contract for the purchase of Services on the most economical

basis, for the whole of the Scheme from the Service Provider and may sell Services to each Owner or

Occupier in the Scheme provided, in respect of electricity supply, the Body Corporate's charge must

not exceed the lowest available tariff to the Owner or Occupier for supply of the electricity direct from

the relevant electricity authority.

(b) Each Owner or Occupier must purchase and use all Services consumed in the Owner's or Occupier's

Lot direct from the Body Corporate and must not purchase the Service from any other source.

(c) The Body Corporate is not required to supply to any Owner or Occupier Services beyond those which

the Service Provider could supply at any particular time.

(d) The Body Corporate may charge for the Services (including for the installation of, and the cost

associated with, utility infrastructure for the Services) but only to the extent necessary for reimbursing

the Body Corporate for supplying the Services.

(e) The Body Corporate may render accounts to each Owner or Occupier and such accounts are payable

to the Body Corporate within 14 days of the delivery of such accounts.

(f) In respect of an account which has been rendered pursuant to these by-laws, an Owner or Occupier is

liable, jointly and severally with any person who was liable to pay that electricity account when that

Owner or Occupier became the Owner or Occupier of that Lot.


(g) If a proper account for the supply of Services is not paid by its due date for payment, then the Body

Corporate is entitled to—

(i) recover the amount of the unpaid account or accounts (whether or not a formal demand has

been made) as a liquidated debt due to it in any action in any court of competent jurisdiction,

and/or

(ii) disconnect the supply of Service to the relevant Lot.

(h) The Body Corporate is not, under any circumstances whatsoever, responsible or liable for any failure

of the supply of Services due to breakdowns, repairs, maintenance, strikes, accidents or causes of any

class or description.

(i) The Body Corporate may, from time to time, determine a security deposit to be paid by each Owner or

Occupier who is connected to the supply of the Service as a guarantee against non-payment of

accounts for the supply of Services.

11. Costs incurred by Body Corporate

(a) If the Body Corporate incurs Costs because an Occupier does not pay an amount due to the Body

Corporate or breaches these by-laws, the Act or Module, the Occupier must pay the Body Corporate

those Costs within seven days of the Body Corporate demanding payment, as a liquidated debt due to

the Body Corporate.

(b) If the Body Corporate takes legal action to recover amounts due to the Body Corporate the Occupier

against whom the action is taken must pay the Body Corporate's legal Costs and expenses on a

solicitor own client basis.

(c) Where the Body Corporate expends money to make good damage caused by a breach of the Act or of

these by-laws by any Owner or Occupier or their Invitees or any of them the Body corporate shall be

entitled to recover the amount so expended as a debt in any action in a court of competent jurisdiction

from the Owner of the Lot at the time when the breach occurred.

12. Original Owner's rights

12.1 Construction and marketing rights

Nothing in these by-laws prevents the Original Owner from—

(a) passing over the Common Property (with other people authorised by it and with vehicles and

machinery)

(b) carrying out construction work on the Scheme Land as necessary to complete the development of the

Scheme Land (including digging the Scheme Land and interfering with Service Infrastructure so long

as any damage or interruption is made good by the Original Owner as soon reasonably practicable)

(c) using any Lot for display purposes, and

(d) placing a reasonable number of signs or advertising or display material on or about the Scheme Land

for the sale or letting of Lots in the Scheme.

12.2 Alterations and structural changes

The Original Owner is not required to obtain the consent of the Committee in accordance with by-laws 7.2,

7.3 and 7.4 provided it otherwise complies will all other obligations required in accordance with those by-

laws.

13. Miscellaneous All requests, complaints or applications to the Body Corporate or the Committee must be addressed to the Committee secretary or the Body Corporate manager of the Body Corporate.

14. GST

(a) Unless otherwise expressly stated, the sums payable or considerations to be provided under or in

accordance with these by-laws are exclusive of GST.


(b) If any person—

(i) is liable to pay GST on any supply made by it under these by-laws, and

(ii) issues a valid tax invoice to the recipient within seven days of the due date for payment for the

supply,

then the recipient agrees to pay to the supplier an additional amount equal to the consideration payable for the supply multiplied by the prevailing GST rate.

(c) Despite any other provision in the CMS to the contrary, this by-law 14 will survive termination of the

CMS.

15. Exclusive use by-laws

15.1 Identification of exclusive use areas

(a) The Owner or Occupier of each Lot identified in Column A has an exclusive right to use the areas of

Common Property allocated to that Lot in Column B (as identified on the plans annexed and marked

“Exclusive Use Plans”).

(b) A reference to “Column” in this by-law is a reference to a column in Schedule E of the CMS.

15.2 Rules about use of Car Space Areas (Column B)

An Owner or Occupier who has the exclusive use of an area in Column B (Car Space Area)—

(a) must use the Car Space Area only as a car space

(b) must not store any hazardous substance in the Car Space Area, and

(c) must not use the Car Space Area in any way that may create a nuisance to any other person on the

Scheme Land.

15.3 Maintenance of the Car Space Area (Column B)

An Owner or Occupier who has the exclusive use of a Car Space Area will be responsible (at its cost) for maintaining the Car Space Area and keeping it in a clean and tidy condition.

16. Keeping of Animals

The following rules apply with respect to the keeping of animals:

(a) Subject to section 181 of the Act, by-law 23 and this by-law, the Occupier of a Lot may not keep or

bring any animal onto the Scheme Land.

(b) An Owner or Occupier may keep up to two animals in their Lot provided they have the written approval

of the Body Corporate and comply with the provisions of this by-law.

(c) The Body Corporate—

(i) must not unreasonably withhold its written approval to a request by an Owner or Occupier

pursuant to by-law 16(b), and

(ii) must not withdraw its written approval granted to an Owner or Occupier pursuant to by-law

16(b) so long as—

(A) the animal does not disturb others

(B) the animal is a domesticated pet

(C) the Owner or Occupier provides details of the type and size of the animal to the Body Corporate

(D) the animal is clean, quiet and properly toilet trained

(E) if the animal is a dog or a cat, the animal—


(F) is kept on a leash on all times on Scheme Land, and

(G) must wear an identification tag or microchip,

(H) if the animal is required by law to be licenced or registered, the animal is licenced or registered

( I ) the animal is not in excess of 10kg

(J) the animal is licensed and immunised, and

(K) the animal is regularly treated for fleas and must be kept in good health.

(d) The Owner or Occupier of a Lot is responsible for—

(i) tidying up after the animal

(ii) making sure the animal does not defecate on the Scheme Land, and

(iii) making sure the animal does not disturb others when it is on Scheme Land.

(e) The onus of proving that the animal complies with this by-law and all Local Government regulations

are fully complied with is on the Owner or Occupier.

17. No smoking

Smoking is not permitted on the Common Property.

18. Use of Recreation Areas

(a) The Recreation Areas may only be used by Occupiers during the hours of 6.00am to 10.00pm or as

determined—

(i) by the Committee from time to time under by-laws 4.2 and 18(f), or

(ii) as shown on any signage authorised by the Committee which is visible in the Recreation Areas.

(b) The Recreation Areas may only be used by Occupiers or people accompanied by an Occupier of a

Lot.

(c) Children under the age of 13 must be supervised by an adult at all times while using the Recreation

Areas.

(d) All users of the Recreation Areas must be suitably attired.

(e) Users of the Recreation Areas must not interfere with and may only use equipment in the Recreation

Areas for the purpose for which the equipment was designed.

(f) The Committee may make rules which are not inconsistent with these by-laws or the Act or Module for

the use of the Recreation Areas and may place signs stating the rules around the Recreation Areas.

Occupiers and their Invitees must comply with these rules. The rules may be revoked or disallowed by

a general meeting of the Body Corporate.

(g) The Committee may establish a booking system for any of the Recreation Areas. Users must comply

with the booking system.

(i) Food, glass and breakable items must not be brought into the playground area.

(ii) Any pets must be kept on a leash when in the playground area.

19. Increase in Insurance Premiums

(a) Occupiers must not bring to, do or keep on a Lot anything which increases the rate of fire or any other

insurance on the Scheme Land, or which may conflict with any insurance policy upon the Scheme

Land, except with the consent in writing of the Committee.

(b) The Committee will not unreasonably withhold its consent, having regard to the nature and type of


business lawfully being conducted on a Lot.

(c) Where an Occupier obtains the consent of the Committee under by-law 19(a) then it is the Occupier’s

responsibility to pay any increase in the insurance premium because of the Occupier’s use of the Lot.

20. Security Access, Cards and Keys

(a) If the Body Corporate in the exercise of any of its powers under these by-laws restricts access of

Owners or Occupiers to any part of the Common Property by means of a lock or similar security

device it may make such a number of keys or access device as it determines available to Owners free

of charge and thereafter may at its own discretion make additional numbers thereof available to

Owners on payment of such reasonable charge as may be determined from time to time by the Body

Corporate.

(b) An Owner to whom any key or operation system is provided pursuant to these by-laws must exercise a

high degree of caution and responsibility in making the same available for use by any Occupier and

must take reasonable precautions (which must include an appropriate covenant in any lease or licence

of a Lot by an Owner) to ensure the key or operating system is returned to the Owner or the Body

Corporate upon the Occupier ceasing to be an Occupier.

(c) An Owner must not without the prior approval in writing of the Committee duplicate the key or access

device and must take all reasonable precautions to ensure that the key or the access device is not lost

or handed to any other person other than any Owner or Occupiers

(d) An Owner or an Occupier must notify the Body Corporate immediately if a key or access device is

destroyed, lost or not returned upon the Occupier ceasing to be the Occupier.

21. Restricted Access Area

(a) Any areas of the Common Property used for—

(i) electrical substations, switchrooms, or control panels

(ii) fire service control panels

(iii) telephone exchanges, and/or

(iv) other services to the Lots and Common Property (or either of them),

may be kept locked by the Committee (or its appointed representative) unless otherwise required by

law. Persons may not enter or open such locked areas without the prior consent of the Committee.

(b) The Committee may use appropriate areas of the Common Property to store plant and equipment

used for the performance of their respective duties in respect of the Common Property. Any such

areas may be locked and access is prohibited without the prior consent of the Committee.

22. Compliance with Development Approval Conditions and other Approvals

(a) The Owners, Occupiers and Body Corporate—

(i) must comply with all conditions of development permit MCUI/43/2014/C (or as amended)

touching and concerning the Scheme Land (or land from with the Scheme Land was created).

This includes and is not limited to the following:

(ii) must at all times, comply with—

(A) any applicable Local Government building approval conditions, including but not limited to for example, fire separation requirements, energy efficiency designs, and

(B) any applicable Local Government operational works approval conditions, including but not limited to for example, stormwater strategy arrangements such as bio retention basins.

23. Assistance Animals

(a) Section 181 of the Act permits a person with a disability under the Guide, Hearing and Assistance


Dogs Act 2009 who relies on a guide, hearing or assistance dog and who has the right to be on the

Scheme Land, has the right to be accompanied by a guide, hearing or assistance dog while on the

Scheme Land.

(b) An Owner or Occupier does not require the written approval of the Body Corporate to keep an

Assistance Animal on the Scheme Land provided the Owner or Occupier otherwise complies with by-

law 16.

(c) The Body Corporate and all other Owners and Occupiers must not interfere with, impede or otherwise

make it unduly onerous for an Owner or Occupier to have an Assistance Animal on the Scheme Land

provided the Owner or Occupier otherwise complies with by-law 16.


SCHEDULE D OTHER DETAILS REQUIRED/PERMITTED TO BE INCLUDED

LOTS ON PLAN OR COMMON PROPERTY

STATUTORY EASEMENTS PURSUANT TO DIVISION 5 OF PART 6A OF THE LAND TITLE ACT 1994

SERVICE LOCATION DIAGRAM

COMMON PROPERTY

The common property, to the extent applicable and necessary having regard to the relative positioning of the lots and the common property in respect of each other has the benefit and burden of the statutory easements for: (a) Support.

(b) Shelter.

(c) Projections.

(d) Maintenance of buildings close to the boundary of a lot.

(e) Utility services and infrastructure.

Plan "B" Service Location Diagram

LOTS 1001 to 4012 ON SP 322203

Each Lot, to the extent applicable and necessary having regard to the relative positioning of the lots in respect of each other has the benefit and burden of the statutory easements for: (a) Support.

(b) Shelter.

(c) Projections.

(d) Maintenance of buildings close to the boundary of a lot.

(e) Utility services and infrastructure.

Plan "B" Service Location Diagram


SCHEDULE E DESCRIPTION OF LOTS ALLOCATED TO EXCLUSVIE USE AREAS OF COMMON PROPERTY

COLUMN A—LOT NO. COLUMN B—CAR SPACE EXCLUSIVE USE AREA

Lot 1001

Lot 1002

Lot 1003

Lot 1004

Lot 1005

Lot 1006

Lot 1007

Lot 1008

Lot 1009

Lot 1010

Lot 1011

Lot 1012

Lot 2001

Lot 2002

Lot 2003

Lot 2004

Lot 2005

Lot 2006

Lot 2007

Lot 2008

Lot 2009

Lot 2010

Lot 2011

Lot 2012

Lot 3001

Lot 3002

Lot 3003

Lot 3004

Lot 3005

Lot 3006

Lot 3007

Lot 3008

Lot 3009

Lot 3010

Lot 3011

Lot 3012

Lot 4001


Lot 4002

Lot 4003

Lot 4004

Lot 4005

Lot 4006

Lot 4007

Lot 4008

Lot 4009

Lot 4010

Lot 4011

Lot 4012


Exclusive Use Plans


Plan "B"—Service location diagram


3440-5111-7841, v. 4


3461-6308-0721, v. 2 Page (15)

Schedule 8—Body Corporate Power of Attorney Statement

This Disclosure Statement is given by the Seller to the Buyer in compliance with section 219 of

the Body Corporate and Community Management Act 1997. Under clause 21 of the Contract, the

Buyer, among other things, appoints the Seller as its attorney by execution of the Contract on the

terms of clause 21 of the Contract set out below:

21. Attorney

21.1 Appointment as attorney

(a) To the extent permitted by law, you irrevocably appoint us (and each of our

directors and officers from time-to-time) as your attorney (jointly and severally)

and the company nominee (if you are a company) without limitation in respect

to one or more of the following purposes:

(i) To appoint or revoke the appointment of a voter for a general meeting

of the Body Corporate within the meaning of “voter” for a general

meeting of the Body Corporate or committee of the Body Corporate

under the Regulation Module and to give all necessary notifications of

the appointment or revocation to the Body Corporate so that the details

of the appointment or revocation may be entered into the Body

Corporate roll.

(ii) To attend and vote (or do either) on your behalf (as we see fit) at all, or

any, meetings of the Body Corporate or the committee of the Body

Corporate.

(iii) To complete, sign and lodge any voting paper (or any other document,

including a proxy appointment form, corporate owner nominee

notification form or owner’s representative notification form and any

other notice under the Regulation Module) to allow us as attorney to

vote in your name at all, or any, meetings of the Body Corporate or of

the committee of the Body Corporate,

for, or relating to, without limitation, one or more of the following purposes:

(iv) To complete, sign and lodge with the Queensland Land Registry any

request to withdraw a caveat or like instrument lodged or registered by

you over the Lot or the Land.

(v) To complete, sign and lodge any instrument of consent to any

application for approval for the further carrying out of the Development

or any part of it, providing such application is for an approval which, if

granted and given effect to, will not have a direct material adverse effect

on the use or the value of the Property.

(vi) The engagement of a Body Corporate manager for the Scheme in the

terms of the Body Corporate Manager Agreement, subject to any

variations that do not materially prejudice you.

(vii) The engagement of a caretaker and/or letting agent for the Scheme on

the terms of the Caretaking and Letting Agreements, subject to any

variations that do not materially prejudice you.

(viii) Transfer of, or grant of, any lease, easement or any Right over any of

the Common Property or the Land.


3461-6308-0721, v. 2 Page (16)

(ix) Grant of exclusive use of any Common Property to an owner of a lot in

the Scheme (including adoption or amendment of a by-law relevant to

such use in the Scheme).

(x) Grant of any authority allowed under the Regulation Module.

(xi) Any variation to the by-laws of the Body Corporate where that variation

does not materially prejudice you.

(xii) Any variation to Lot Entitlements in the Scheme where that variation will

not materially prejudice you.

(xiii) A resolution to adopt, or request to record, a new community

management statement for the Scheme reflecting a variation or other

matter referred to in this clause 21.1(a) to include by-laws, the details of

which by-laws’ inclusion was disclosed to you before this Contract was

entered into or which is reasonably required by us to properly and/or

efficiently complete the Development.

(xiv) Approval of the proposed Body Corporate budget and setting of

contributions as shown in the first CMS.

(xv) A resolution that there should be no restriction on the use of proxies by

us.

(xvi) A resolution to authorise the owner of a lot in the Scheme (including us)

to make an improvement under the Regulation Module, including the

installation, erection and/or construction of plant and equipment,

enclosures, carports, pergolas, fencing, storage devices, screening,

shutters, security devices or apparatus and awnings.

(xvii) The exercise of our rights under this Contract.

(xviii) Any proposal by the Body Corporate to take action or steps permitted

under the Regulation Module, including the Body Corporate entering

into, and affixing its seal to, an easement or licence with neighbouring

property owners.

(xix) The giving of an Occupation Authority to a service contractor or letting

agent under the Regulation Module.

(xx) The issuing of a continuing contravention notice under section 182(2) of

the Act or the issue of a future contravention notice under section

183(2) of the Act.

(xxi) The issue of a notice under section 203(1) or 203(2) of the Act.

(xxii) An application to be made for an order of an adjudicator under

section 238(1) of the Act.

(xxiii) An appeal to be lodged under section 289(2) or 304 of the Act.

(xxiv) The commencement of a proceeding under section 312(1) of the Act.

(xxv) The adoption of administrative and sinking fund budgets for the Body

Corporate.

(xxvi) Any proposal involving spending above the spending limit for the

Committee of the Body Corporate.


3461-6308-0721, v. 2 Page (17)

(xxvii) Nominate a person for membership of the committee of the Body

Corporate and vote at any election of members of the committee of the

Body Corporate.

(xxviii)Consent to the assignment of an agreement entered into between the

Body Corporate and a service contractor with or without a transfer fee

being imposed under the Regulation Module.

(xxix) Consent to any proposed reconfiguration, subdivision or realignment of

the boundaries of any lot in the Scheme or the Land (except the Lot).

(xxx) Consent to any new community management statement required or

proposed to give effect to any matter described in clause 21.1(a)(xxix)

above.

(xxxi) Complete, sign and lodge any written consent under sections 171(2)

and 171(3) of the Act and the Regulation Module that may be required

to facilitate and perfect an allocation or grant under any of the exclusive

use by-laws contained in the CMS.

(xxxii) Any other lawful purpose we deem necessary, in our absolute

discretion, which does not materially prejudice you.

(xxxiii)Voting on a motion to adopt or request to record a new community

management statement for the Scheme reflecting a variation or other

matter referred to in this clause 21.

(b) As far as it is lawful, we may exercise this power of attorney to the exclusion

of you.

(c) You and we agree the power of attorney in this clause 21 is a “power of

attorney given as security” in the terms of section 10 of the Powers of Attorney

Act 1998 and, as far as it is lawful, the Rights of an attorney under this clause

21 can be exercised in the absolute discretion of the attorney and to the

exclusion of you. Without limitation, the Rights of the Attorney under this

clause 21 can be exercised even if the—

(i) exercise involves a conflict of interest or duty, and

(ii) the attorney has a personal interest in doing so.

(d) While this power of attorney is operative, you must not appoint a company

nominee or vote (or allow a person to vote for you by proxy (other than us)) at

a general meeting of the Body Corporate or a committee meeting.

(e) So as to ensure the validity of the powers of attorney under this clause 21,

your signing of this Contract (if you are an individual) must be witnessed. We

may, at any time, declare ourselves not bound by this Contract until such time

as your signing of this Contract has been validly witnessed.

21.2 Expiration of attorney

Subject to clause 21.4, the power of attorney granted under clause 21.1 remains in full force and effect and is irrevocable until the first of the following events occur:

(a) We resign as your attorney.

(b) One year after the day of registration of the Scheme.


3461-6308-0721, v. 2 Page (18)

21.3 Affirmation of attorney’s acts

You agree to ratify and confirm any action taken by an attorney under this clause 21 and all things done by an attorney under this clause 21 at any of the meetings of the Body Corporate (or committee of the Body Corporate) held while this power of attorney remains in full force and effect.

21.4 Transfer/assignment of lot subject to attorney

(a) While this power of attorney is operative, you must not transfer the Property,

except to a transferee who—

(i) agrees to be bound by the conditions on your part in this clause 21, and

(ii) executes a power of attorney of the same kind and of the same duration

and to the same extent as set out in this clause 21 in the form of a deed

prepared by us at your cost.

(b) If you do not comply with this provision, then you indemnify and keep us

indemnified against all loss and damage we suffer as a result.

(c) For the purposes of this clause 21, a reference to “us” includes any of our

assignees.


3461-6308-0721, v. 2 Page (19)

Schedule 9—Proposed agreement for electricity / gas / hot water supply

1. The Scheme may have a bulk supply of utilities for electricity, hot water and gas (the

Utilities).

2. There may be meters to record the use of Utilities and Utilities are provided on a user pays

basis.

3. The Seller may arrange for the Body Corporate to enter into utility service agreement/s with

such entities as the Seller may decide in its absolute discretion in accordance with its rights

under the Contract.

4. The terms of any utility service agreement/s may not be finalised until shortly before

registration of the Scheme. The terms of any proposed utility service agreement/s are to be

determined by the Seller (acting reasonably) but are anticipated to be on usual terms of

any standard form agreement proposed by a utility supplier.

5. The term of appointment is anticipated to be between one year and ten years with

additional option periods (total term not to exceed 25 years).

6. The services which may be provided by a utility supplier are anticipated to include supply of

certain utility infrastructure (e.g., electricity and/or gas/hot water meters or other

infrastructure), supply of electricity and/or gas/hot water to the Body Corporate and/or

owners or occupiers in the Scheme, reading of meters, provision of billing services and any

other services agreed between the Seller and the supplier.

7. At the date of this Disclosure Statement, the estimated cost of the engagement to—

(a) the Body Corporate is—Nil (except in the event of breach by the Body Corporate or

other termination of the agreement in accordance with its terms), and

(b) the Buyer—Nil (except in the event of breach by the Body Corporate or other

termination in which case the Buyer will bear its share of the cost incurred by the

Body Corporate in the proportion of the contribution schedule lot entitlement

applicable to the Lot).

NOTE—Notwithstanding item 7(b) above, the Buyer will be liable for payment of fees and charges issued by a

utility supplier for the supply of the Utilities to the Buyer’s Lot in accordance with the proposed utility service

agreement to be entered into with the Body Corporate.

Either the Body Corporate or the utility provider will bill the lot owners for utility use.