AGM EGM Motion Results

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Body Corporate Services Pty Limited
ABN 82 010 120 144 Min th om

   

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‘0 Box 450, Noosa Heads, QLD 4567 ‘Soman en COMMunity
[email protected] tae“ austratias

 

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www. bessm.com.au OLD inanwer Body Corporate Services

Ph, 07 5341 6500
Fax, 07 5509 6677

Minutes of the Extraordinary General Meeting of the Body Corporate for “THE HASTINGS” Community Titles
Scheme 21433 held on 28 February 2020 at 11.00am at the office of Body Corporate Services, Suite 8, Noosa

Central, 4-12 Bottlebrush Avenue, Noosa Junction, Qld.

PRESENT IN PERSON
R Leonard

P and J Wellington

G and H Proos

M and K Hingston

LOTS REPRESENTED

Lot no

1 Holiday Management Noosa Pty Ltd by company nominee R Leonard

2 J and J Raftery by voting paper

3 K Samson by voting paper

4 P Treasure by voting paper

6 A Johnson by voting paper

7 Carasville Pty Ltd by company nominee P Holyman by voting paper

8 J Wellington

9 Carasville Pty Ltd by company nominee P Holyman by voting paper

10 Carasville Pty Ltd by company nominee P Holyman by voting paper

11. Carasville Pty Ltd by company nominee P Holyman by voting paper

12 ES Rubin Services Pty Ltd by company nominee E Rubin by voting paper

13. _N Gerlach by voting paper

15  G Proos by voting paper and in person

16 A Clark by voting paper

17 R Wadland by voting paper

18 JandN Voss by voting paper

19 Transmissions Brokers Pty Ltd by company nominee L Semple by voting paper
20 Hingston Properties Pty Ltd by company nominees M and K Hingston by voting paper

21 Consiliarius Septimus Nominees Pty Ltd by company nominees P and L Lumley by voting paper

22 A Payne by voting paper

23 P Kubat by voting paper

24 K Chapman by voting paper

26 Cammeray Investments Pty Ltd by company nominee L Westaway by voting paper
27 Bruna Dal Broi Pty Ltd by company nominee P Butler by voting paper

28 land M Stevens by proxy to E Rubin by voting paper

29 — Sticel Pty Ltd by proxy to P Kubat by voting paper

IN ATTENDANCE

Vivienne Hooper representing Body Corporate Services Pty Ltd.
CHAIRPERSON OF MEETING

Helen Proos chaired the meeting.

PROXIES AND VOTING PAPERS

The chairperson declared that the valid voting papers be accepted.

QUORUM

The chairperson declared that a quorum was represented and the meeting was declared open at 11.03 am.

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MOTIONS

1 CONFIRMATION OF MINUTES

2

21.

21.1 An Owner must ni
which

21.2 In applying for approval, the Ow

(a)
(b)
(c)

(d)
(e)

(f)

21.3 In giving approval under this by-law, the Body Corporate ma

ORDINARY RESOLUTION
Procedural motion

That the minutes of the annual general meeting held on Friday,
Correct record of the proceedings at that meeting.

RESOLVED that motion 1 be CARRIED Yes 22 No 0

31 May 2019 be confirmed as a true and

Abstain 3 Invalid 1

NEW COMMUNITY MANAGEMENT STATEMENT

SPECIAL RESOLUTION
Submitted by J and J Raftery, R and P Holyman as company nominees, G Proos, R Wadland and L Semple as

company nominee Lot no 2, 7, 9, 10, 11, 15, 17,19

That the body corporate consent to record a new community Management statement (CMS) that differs
from the current CMS by amending Schedule C by:

Inserting the following new Definition in by-law 1:

Building Work — means any work relating to the demolition, construction or renovation of a Lot.
Inserting the following new by-law 21:

BUILDING WORK ON LOTS

jot conduct any Building Work without the prior written consent of the Body Corporate
shall not be unreasonably withheld subject to the following.

ner must provide the Body Corporate with the following written information
in relation to the Building Work:

the scope (including concept plans, elevations, floor plans, shadow plans, landscaping plans);
the intended duration;

details of any expected excessive noise, disturbance, unpleasant odour or du

st pollution (including
the safe handling and disposal of asbestos material);

the builder’s name, contact details and QBCC licence number along with all relevant insurance, be provided
to the body corporate prior to commencemen .

Proposed changes to common service connections or utility infrastructure (for exam

ple, supply water, grey
waste, sewer and waste water, fire detection and Monitoring services and electrical

upgrades);
if the Building Work includes structural changes to internal walls of the Owner's Lot, a full set of drawings
showing the existing and proposed renovation certified by an engineer;

Y impose reasonable conditions to address
any potential risks to the Body Corporate and any potential impacts on other Owners in the form of the

15 conditions imposed on previous renovations including Lot 15 as follows:

1. All alterations, constructions and any associated works are to be completed by a competent tradesperson in
a timely and professional manner,

2. All approvals from the Noosa Council or an authorised Certifier as applicable must be obtained by the lot

owner and a copy supplied to BCS for the body corporate records before commencement of any works.

3. Any additional insurance cover which may be required to be added to the existing body corporate policy shall

be notified by the lot owner and any additional premium paid before commencement of any works.

4. All principal contractor insurances including Public Liability, construction and workers comp to be supplied to
the body corporate for its information for the body corporate insurer if required.

5. No construction works of any kind are permitted to be undertaken during weekends, public holidays or school
holidays unless first granted permission in writing by the committee at hours solely acceptable to the
committee and management.

THE HASTINGS CTS 21433 Page 2

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AA RR RALit IA aie

Construction works of any kind are only to be carried out during M i

Medann ly 9 Monday to Friday between the hours of 8
7 No jackhammerin: i i

9 OF Noisy construction works of any kind are to be undertaken before 1

Nontay ts Nich ore y en before 10 am or after 3 pm
8, Where Possible dust screens are to be installed or other suitable dust extraction system used to prevent dust

travelling to and through other units and common property,
9 eureart must use their best endeavours to minimise all noise during construction including but not limited

Not allowing foul language or allowing any music to be heard outside the lot and not to intrude on the

privacy of other guests within the complex.

10.

Lot owner or principal contractor must liaise with management and provide management with a schedule of
Proposed works including expected start and c

‘ompletion dates.

11. Any Cleaning of common property required as a result of the works must be done at the end of each day to
the satisfaction of management.

12. All equipment is to be stored out of sight at the end of each working day and is not to be left or stored on

common property. It must be contained within the lot boundaries of the lot.

13. No Parking is permitted on site unless within the boundaries of the lot only.

14. No use of the body corporate driveway is permitted for deliveries of materials unless approved by
Management prior to the delivery.

15.

Any damage caused to common Property as a result of the works is the responsibility of the lot owner to
€nsure rectification to the satisfaction of the body corporate.

21.4 In addition to any conditions the Bod

ly Corporate imposes pursuant to by-law 22.3, 21.3 the following
conditions also apply:

Minimising disturbance to other occupiers

(a) the Building Work is permitted to be carried out from 1 February to 15 December and between the hours of
8.00 am and 4.00 pm Monday to Friday. Work is not permitted on public holidays or during Queensland
school holidays unless prior written agreement has been obtained from management.

(b) the Owner must ensure its contractors comply with the following obligations:

(i) compliance with the by-laws — all contractors are bound by and must observe all of the by-laws for the
Scheme when on Scheme land;

(ii) parking and access requirements -contractors’ vehicles must not be parked on Common Property
without the prior written consent of the Body Corporate or in agreement with the Manager.

(iii) equipment — no equipment may be stored or left on Common Property without the prior written consent of
the Body Corporate; or in agreement with the Manager.

(iv) _ waste - all waste must be removed from the Lot or stored out of sight at the end of each day. No waste
may be deposited in the Common Property waste disposal bins or on any other part of the Common
Property. The Owner must arrange for all waste to be disposed of offsite;

(v) hosing — no hosing of any material onto Common Property including gardens and drains;

(vi) damage — the Owner must arrange for the repair of any damage to or destruction of any part of the Scheme
Land caused by or incidental to the Building Work.

(c) the Owner must use all reasonable efforts to minimise noise, including but not limited to the closing of all
windows and doors within the Lot;

(d) the Owner must give at least 24 hours’ notice to the Manager of any work that may create a noise
disturbance to other Occupiers;

(e) at the completion of the Building Work, if dust, dirt, debris or other waste has impacted any other Lots or

Common Property as a consequence of the Building Work, the Owner must arrange for a wash-down of those
Lots or Common Property;

THE HASTINGS CTS 21433 Page 3

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Complia requi

(f) the Owner must ensure its contractors are properly licensed, insured and satisfy all requirements of the current
Work Health and Safety legislation and any other Requirements when conducting the Building Work;

(g) the Owner must obtain all necessary permits and approvals for the Building Work and must provide copies to
the Body Corporate within 7 days of receipt;

(h) The Building Work must comply with all local Council town planning codes and requirements and must not:
a increase the footprint of the existing dwelling;
b. exceed the height of any existing dwelling on the property;
& exceed allowable property boundary and set backs as defined by Council’s approval;
d Colour scheme is to harmonise with existing
e external building material is to harmonise with existing

Indemnity

(i) | the Owner must obtain and provide to the body corporate at his own expense a pre and post construction
dilapidation report of all the body corporate common areas by a registered dilapidation engineer acceptable
to the body corporate.

21.5 Where there is any significant change to the intended scope, duration or method of performance of any
approved Building Works, the Owner must seek further approval from the Body Corporate.

and that any two members of the committee be authorised to execute and affix the body corporate’s seal to
the new CMS and do all things required to record the new CMS with the registrar of titles at the Department
of Natural Resources and Mines within 3 months of the date this motion is resolved in favour.

RESOLVED that motion 2 be LOST Yes 14 No 10 Abstain 1 Invalid 1

NOTE:

For a motion to succeed under a special resolution it must succeed on all 3 criteria set down by
legislation.

3 PROPOSED SINGLE VILLA FOR LOTS 9 AND 10 - THE HASTINGS ORDINARY RESOLUTION

Submitted by R and P Holyman as company nominees Lot no 9 and 10

The owner of Lot 9 and 10 requests your approval to remove the current structures and replace with a new
dwelling within the council approved footprint. The concept sketch of which is attached with all costs to be
met by the owner of Lot 9 and 10. Should permission be granted and subject to Council approval, it is
anticipated work would commence in February 2021.

to meet all regulatory requirements and co-operate with the Manager of The Hastings

Beach Houses in an effort to ensure minimal disruption to all other owners and guests and will comply with

any conditions stipulated by the committee in relation to the development.
Yes 11 No 13 Abstain 1 Invalid 1

en on the motion. In accordance with legislative requirements the
our and 53 lot entitlements against. Therefore the motion

The owners undertake

RESOLVED that motion 3 be LOST

The owner of lot 15 requested a poll be tak
poll count is 52 lot entitlements in fav

remains LOST.

THE HASTINGS CTS 21433 Page 4

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CLOSURE

There being no further business the chairperson declared the meeting closed at 11.07 am.

SECRETARY ERIC RUBIN
c/- PO Box 450
Noosa Heads Qid 4567

THE HASTINGS CTS 21433 Page 5

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e John Raftery addressed the meeting and spoke about reasonable and unreasonable decisions. He said the
body corporate having already approved the amalgamation of the two lots may well be seen as unreasonable
to not allow the lot owner to build on those lots within Council regulations. He did also say that technical
issues within the proposed development may be reasonably objected to.

* BCS also queried with the lot owner whether he would be prepared to enter into an agreement with the body
corporate to stipulate the usual conditions applicable to any construction on lots. The lot owner advised he
had no objection to this and was happy to work with the committee and owners to cause minimal disruption.

The Chairperson determined there was no further discussion and the motion was put to the vote.

10 REPLACEMENT OF DWELLINGS ON LOTS 9 AND 10 ORDINARY RESOLUTION
Submitted by owner
Lot 9 and 10 R and P Holyman as company nominees
The owner of Lot 9 and 10 requests your approval to remove the current structures and replace with a new
dwelling within the council approved footprint, the concept sketch of which is attached with all costs to be met
by the owner of Lot 9 and 10.
should permission be granted and subject to Council approval, it is anticipated work would commence in
February 2020.
The owners undertake to meet all regulatory requirements and co-operate with the Manager of The Hastings
Beach Houses in an effort to ensure minimal disruption to all other owners and guests and will comply with
any conditions stipulated by the committee in relation to these works.
RESOLVED that motion 10 be LOST Yes 13 No 14 Abstain 0 Invalid 0

The lot owner requested a POLL be taken of the votes. Following a calculation of the lot
entitlements to form a POLL vote BCS announced the outcome as 48 entitlements voted YES and
56 entitlements voted NO. Therefore the motion remained LOST.

NOTE FROM BCS
BCS apologises as it was erroneously announced the outcome at the meeting as 48 entitlements voted YES
and 50 entitlements voted NO. The calculation above in bold is correct and the outcome remains the same.

 

“THE HASTINGS” CTS 21433 AGM Friday, 31 May 2019
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