RFI - 5.0 Community Management Statement

Page 2

QUEENSLAND LAND REGISTRY FIRST COMMUNITY MANAGEMENT STATEMENT CMS version 2
Body Corporate and Community Management Act 1997 - Page 1 of 9

This statement incorporates and must include the
34894 following:
yedule A - Schedule of ot entitlements
yedule B - Explanation of development of scheme land
uvhedule C - By-laws
wilrtiN IHREE (3) MONTHS OF THE DATE OF Schedule D - Any other details

CONSENT BY THE BODY CORPORATE ' |
Office use only Schedule E - Allocation of exclusive use areas

 

CMS LABEL NUMBER
1. Name of community titles scheme 2. Regulation module
NOOSAVILLE INDUSTRIAL SERVICE PARK TWO Standard
COMMUNITY TITLES SCHEME

 

3. Name of body corporate
Body Corporate for Noosaville Industrial Service Park Two Community Titles Scherne
4. Scheme land
Lot on Plan Description County Parish Title Reference

Common property for Noosaville
Industrial Service Park Two
Community Titles Scheme

 

Lot 1 on SP 170305 March Tewantin
Lot 2 on SP 170305 March Tewantin
Lot 3 on SP 170305 . March Tewantin
Lot 4 on SP 170305 March Tewantin
Lot 5 on SP 170305 March Tewantin
Lot 6 on SP 170305 March Tewantin
Lot 7 on SP 170305 March Tewantin
5. Name and address of original owner # 6. Reference to plan lodged with this statement
MINTGROVE PTY LTD A.C.N. 104 226 539 AS SP 170305

TRUSTEE UNDER INSTRUMENT 706603932
PO Box 1038, Mudgeeraba QLD 4213

# first community management statement only

 

7. Local Government community management statement notation pilanager of Building

ED OFFIC)

   

   
 

 

AEN EE, »MAN A Bal Ney LON eine and designation

..fame of Local Government

 

 

8. Execution by original owner/Consent of body corporate

Execution Date *Execution
06/10/2005 Mintgrove Pty Ltd A.C.N. 104 226 539 as trustee under Instrument
706603932 by its Attorney Catherine Haney under Power of Attorney

No. 708904206: <Lio.
*Original owner to execute for a first hum management statement

*Body corporate to execute for a new community management statement
Privacy Statement

The information from this form is collected under the authority of the Body Corporate and Community Management Act
1997 and is used for the purpose of maintaining the publicly searchable registers in the land registry. .

HANISP\Stage 2\Proforma\First CMS.doc.

Page 3

QUEENSLAND LAND REGISTRY SCHEDULE : Form 20 version 2

 

 

 

 

 

 

Land Title Act 1994, Land Act 1994 Title Reference ‘ Page 2 of 9
and Water Act 2000
| SCHEDULE A SCHEDULE OF LOT ENTITLEMENTS |
Lot on Plan Contribution Interest
Lot 1 on SP 170305 141 16
Lot 2 on SP 170305 100 7
Lot 3 on SP 170305 100 7
Lot 4 on SP 170305 100 7
Lot 5 on SP 170305 101 7
Lot 6 on SP 170305 103 7
Lot 7 on SP 170305 142 16
TOTALS 787 67

 

 

 

 

 

The Contribution Schedule Lot Entitlements for the scheme are not equal..

As required by Section 48 of the Body Corporate and Community Management Act 1997, the Contribution Schedule Lot
Entitlements for the scheme has been allocated having regard to:

(a) how the scheme is structured; and
(b) the nature, features and characteristics scheme; and
(c) the purposes for which the lots are used.

On the basis of the factors in (a) to (c) above, it is just and equitable for there to be a variation in the Contribution
Schedule Lot Entitlements for the Scheme. :

Structure of the Scheme

The Scheme does not contain mixed use lots and is not part of a Layered scheme. Therefore, the structure of this
scheme does not affect the Contribution Schedule Lot Entitlement.

Commercial buildings are designed with specific uses in mind and it has been assumed that the demand on common
property by the larger lots will be in a greater proportion than the smaller lots and therefore the Contribution Schedule Lot
Entitlement of each lot adjusted to reflect the proportional share of the total economic benefit to each lot.

Nature, features and characteristics of the lots included in the scheme. It is a matter of equity that lot owners should
contribute to the recurring outlays of their Body Corporate including.the repair and replacement of capital items in a way
that reflects the monetary liability of the particular infrastructure or resource provided and dedicated to satisfying the
needs of the lots in the scheme. It has been determined that Lot owners should contribute a proportion equivalent to a
share of costs that can be readily quantified as being incurred by the Body Corporate directly benefiting their lot.

It is unfair for one fot having exclusive use of 15 bays to contribute a share equa! to other Units where the other lots are
larger in area and hold more exclusive use areas.

It is recommend that the Contribution Schedule Lot Entitlement be as shown in this First Community Management
Statement because it is just and equitable in the circumstances for them not to be equal.

The purpose for which the lots are used

All lots are used for commercial purposes. The scheme land has extensive bitumen parking areas.

 

[SCHEDULE B EXPLANATION OF THE DEVELOPMENT OF SCHEME LAND |

 

Not applicable

Page 4

” QUEENSLAND LAND REGISTRY SCHEDULE Form 20 Version 2

Land Title Act 1994, Land Act 1994 Title Reference | Page 3 of 9
and Water Act 2000

a

4

 

[SCHEDULE C BY-LAWS

1.

(a)

(b)

(a)
(b)

(a)
(b)

(a)
{b)

10.

NOISE. An owner, his tenants, servants or agents shall not make or permit any objectionable noises in the
building or lot nor interfere in any way with other residents or those having business with them and all musical
instruments, wireless radiograms, television sets and the like shall be controlled so that the sound arising
therefrom shall be reasonable and not cause annoyance to the other occupants of the building.

OBSTRUCTION. An owner or occupier of a lot and his servant agent invitee or licensee must not obstruct:

the lawful use of any part of the common property by the owner or occupier of any other lot, their servants,
agents or invitees; or

the areas identified under the heading by-law 2 in Schedule D.

VEHICLES. An owner or occupier of a lot his servant agent invitee or licensee must not park or stand any
motor or other vehicle upon common property except with the consent in writing of the Committee.

DRIVEWAYS. The pathways and driveways on the common property or on any easement or right of way
giving access to the common property or any lot shall not be obstructed by any of the owners or used by them
for any purpose other than the reasonable ingress and egress to and from their respective lots and no owner
shall park or permit to be parked any vehicle so as to prevent the passage of other vehicles over any such
pathways, driveways, easement or right of way.

DAMAGE TO LAWNS ETC ON COMMON PROPERTY. An owner or occupier of a lot shail not:
damage any lawn, garden, tree, shrub, plant or flower being part of or situated upon common property; or

abuse any part of the common property for his own purposes as a courtyard or garden.

DAMAGE TO COMMON PROPERTY. An owner or occupier of a lot shall not mark, paint, drive nails or
screws or the like into, or otherwise damage or deface, any structure that forms part of the common property
except with the consent in writing of the Body Corporate, but this by-law does not prevent an owner or person
authorized by him from installing:

any locking or other safety device for protection of his lot against intruders; or

any screen or other device to prevent entry of animals or insects upon his lot provided that the locking or other
safety device or, as the case may be, screen or other device is constructed in a workman-like manner, is
maintained in a state of good and serviceable repair by the owner and does not detract from the amenity of the
building. .

COMMERCIAL LOTS. No lot is permitted to be used for residential purposes.

SIGNS. No sign banner placard or the lice may be displayed on any part of a lot so as to be visible from
outside the building on the lot without the prior consent of the Committee PROVIDED ALWAYS that such
consent shall not be arbitrarily or unreasonably withheld in the case of a sign or signs reasonably necessary
and appropriate to advise members of the public of the name and business occupation of the Proprietor or
occupier of the lot or any part thereof.

BLINDS AND AWNINGS. Unless the Committee otherwise consents in writing:
no external blinds or awnings shall be erected on any lot; and

all internal curtains and/or blinds on the external windows of the building and each lot shall be of a uniform
off-white backing or such other colour as the Committee shall from time to time nominate or require in order to
have a standard and orderly appearance for the building.

AERIALS. Outside wireless and television aerials may not be erected without written permission of the
Committee. :

Page 5

’ QUEENSLAND LAND REGISTRY SCHEDULE Form 20 version 2

Land Title Act 1994, Land Act 1994 Title Reference . Page 4 of 9
and Water Act 2000 ‘

c

11.

(a)
(b)
12.

13.

14,

(a)
(b)

15.
(a)

(b)

(c)

(e)
(f)
16.

17.

a

WINDOWS

Owners shall keep all windows on their lots clean and replace them with fresh glass of the same kind and
weight as at present if broken or cracked; and

An owner shall not install or provide any window tinting to any external window of his lot or provide for any
covering of any windows except with such blinds or curtain backing as is provided for in By-law 9 hereof.

HYGIENE. All lots shall be kept clean and all practicable steps shall be taken to prevent infestation by vermin
and/or insects.

DISEASE. In the event of any infectious disease which may require notification by virtue of any Statute,
Regulation or Ordinance affecting any person in any lot the owner of such lot shall give, or cause to be given,
written notice thereof and any other information which may be required relative thereto to the Committee and
shall pay to the Committee the expenses of disinfecting the building where necessary and replacing any
articles or things the destruction of which may be rendered necessary by such disease.

ANIMALS. Subject to Section 143 of the Act, an owner or occupier of a lot shall not keep any animal upon the
lot, or any part of the common property in respect of which the owner has exclusive use, without the prior

consent in writing of the Committee, which the Committee may in its absolute discretion and without assigning
any reason therefor:

refuse, or grant on and subject to such conditions as the Committee in its absolute discretion deems fit; and
withdraw at any time by giving notice in writing to the owner or occupier

(as the case may be).

REFUSE DISPOSAL. An owner must:

keep its lot in a clean and tidy condition and take all steps necessary to prevent infestation by vermin and/or
insects;

unless the Committee provides some other means of disposal, store all refuse in a clean and tidy condition
and in a hygienically covered receptacle within its lot or on such part of the common property as is authorised
and set aside by the Committee for the purpose;

not store any empty bottles boxes used containers or other refuse on any other part of the common property,

not throw or allow to fall or permit or suffer to be thrown or to fall any paper, rubbish, refuse, cigarette butts or
other substance whatsoever out of the windows or doors or down the stair case, passages or skylights, from
balconies, from the roof or in passageways of the building;

ensure that its storage and disposal of refuse does not adversely affect the health hygiene and comfort of the
Proprietor or occupier of any other lot; and

comply with all Local Authority By-laws and ordinances and all rules and resolutions of the Committee relating
to the storage and/or disposal of refuse.

INTERNAL MAINTENANCE. Each Proprietor shall be responsible for the interior maintenance and
decoration of its lot and for insurance of the contents thereof against such risks as it deems fit.

EXCLUSIVE USE AREA - CAR PARK

Owners of Lots mentioned in Schedule E under the heading by-law 17 are entitled to the exclusive use of the
part of the Common Property (Car Space) which is identified in Schedule E. The following conditions apply to
such use:

(i) the Car Space must only be used for the purpose referred to in Schedule E;

Page 6

QUEENSLAND LAND REGISTRY SCHEDULE Form 20 version 2

Land Title Act 1994, Land Act 1994 Title Reference Page 5 of 9
and Water Act 2000

2

18.

19.
20.

(a)

(b)

21,
22.

23.

24.

25.

4

(ii) the relevant owner and occupier of a lot must keep the Car Space areas clean and tidy and are
responsible for maintenance and operating duties of the Car Space;

(iii) the relevant owner and occupier allowing the Body Corporate, the Committee and its properly
appointed agents, access at all reasonable times to the Car Space for any proper purpose;

(iv) if there is any air conditioning plant and equipment (including compressors) (“Equipment”) in any Car
Space, the relevant owner and occupier must allow access to the Equipment at all reasonable times
(except in an emergency when immediate access will be available) to persons who need to inspect,
repair, maintain, service, renew or replace the Equipment (or any of it).

An owner or occupier of a jot must not park any motor vehicle upon the Common Property unless the
exclusive use of that part of the Common Property has been allocated for that purpose.

SECURITY. All doors and windows to the premises on any lot must be securely locked by the Proprietor of the
lot when the premises are left unoccupied and the Committee has and reserves the right but is under no
obligation to enter and lock any such premises.

NO STRUCTURAL ALTERATIONS. No structural alteration shall be made to any fot (including any alteration
to gas, water, electrical installations or work for the purpose of enclosing in any manner whatsoever the
balcony of any lot and including the installation of any air-conditioning system) without the prior permission in
writing of the Committee.

DANGEROUS SUBSTANCES. An owner or occupier of a lot shall not:

use or permit the use of any chemical, liquid, gas or other dangerous or flammable substance in any way
which may cause or increase the risk of fire or damage on the common property or any lot; or

store or permit the storage on his lot or the common property of any such chemical, liquid, gas or substance,
other than those used or intended to be used for normal domestic purposes or stored in the fuei tank of a
motor vehicle or other internal combustion engine.

WATER TAPS. An owner shail see that all water taps in his lot are promptly turned off after use.

MAINTAIN DRAINS. The water closets, conveniences and other water apparatus including waste pipes and
drains shail not be used for any purpose other than those for which they were constructed and no sweepings
or rubbish or other unsuitable substance shall be deposited therein. Any costs or expenses resulting from
damage or blockage to such water closets, conveniences, water apparatus, waste pipes and drains from
misuse or negligence shall be borne by the owner whether the same is caused by his own actions or those of
members of his household or his servants or agents or guests.

NOTICE OF DEFECTS. Each Proprietor must give the Committee prompt notice of any accident to or defect
in any water, gas, drainage, sewerage or electrical service or installation or any pipes, guttering or fixtures
which comes to its knowledge and the Committee may by its servants, agents or contractors, having regard to
the circumstances and urgency of the case inspect and make such repairs or renovations as it deems
necessary and reasonable for the safety and preservation of the common property and/or any lot.

INSPECTION. Upon one (1) day's notice in writing (except in cases of emergency, when no notice is
necessary) the Committee and its servants, agents and contractors shall be permitted to inspect the interior of
any lot and to test any electrical, gas or water installation or equipment therein and to trace and repair any
leakage or defect in the said installations or equipment (at the expense of the owner in cases where such
leakage or defect is due to any act or default of the said owner or his tenants, guests, servants or agents). If
not so permitted they may effect an entry. The Committee, in exercising this power, shall ensure that its
servants, agents and employees cause as little inconvenience to the owner as is reasonable in the
circumstances.

PRESERVATION OF INSURANCE. An owner must not bring to, do or keep anything in or about its lot which
may increase the rate of fire insurance payable by the Body Corporate or any other Proprietor in respect of
any improvement, common property, contents or public risk insurance or which may conflict with the laws
and/or regulations relating to fire or insurance or the regulations or ordinances of any public authority for the
time being in force. :

Page 7

QUEENSLAND LAND REGISTRY SCHEDULE Form 20 version 2

Land Title Act 1994, Land Act 1994 Title Reference . Page 6 of 9
and Water Act 2000 ,

2

26.

27.

{a)

(b)
28.

29.

30.

31,

32.
33.

34.

34.1

(a)

(b)
34.2

34,3

34.4

4

COPY OF BY-LAWS. A copy of these By-laws must be exhibited in a prominent place in any lot made
available for letting or sub-ietting.

OBSERVANCE BY OTHERS. The Proprietor and occupier of each lot must ensure that:

all duties and obligations imposed on him by the Act Regulations or these By-laws are observed by his
servants agents invitees and licensees; and

the conduct of his servants agents invitees and licensees does not cause a nuisance, interfere with or disrupt
the peaceful enjoyment of the Proprietor or occupier of any other lot or any person lawfully using common
property.

SERVANTS OF BODY CORPORATE. The Committee may employ for and on behalf of the Body Corporate
such servants agents and Contractors as it may deem fit in connection with the exercise and performance of
the powers, authorities, duties and functions of the Body Corporate.

INSTRUCTIONS. Owners shal! not directly instruct any servants agents or contractors employed by the
Committee unless so authorised by the Committee, and any matter for consideration shall be directed to the
Committee member appointed by the Committee as its representative and advised to owners by the
Committee for the purpose from time to time and not to any other member of the Committee.

RECOVERY BY BODY CORPORATE. Where the Body Corporate expends money to make good damage
caused by the wilful or negligent act (whether positive or negative) or breach of the Act, Regulations or these
By-laws by any owner or occupier of any lot or the tenant, servant, agent, invitee or licensee of any owner, the
Committee without prejudice to any other right power or remedy shail be entitled to recover the amount so
expended as a liquidated debt then due and owing in any Court of competent jurisdiction from the person who
was the Proprietor of the lot at the time when the wilful or negligent act or breach occurred.

INTEREST. If any contribution or part of a contribution levied in respect of a lot under Section 113(2)(b) of the
Act is unpaid thirty (30) days after the due date for payment thereof the owner shall pay simple interest on the
unpaid contribution or part, from the due date for payment thereof, for each month the contribution or part is in
arrears, at a rate (of not more than 2.5% per month) to be determined by ordinary resolution of the Body
Corporate from time to time.

NO AUCTION. An owner must not permit any auction or sale to be conducted or to take place on any lot or
the common property without the prior written consent of the Committee.

RULES. The Committee may make rules relating to the common property not inconsistent with these By-laws
and such rules must be observed by the Owners unless and until they are disallowed or revoked by a majority
resolution at a general meeting of the Owners.

GREASE/OIL ARRESTOR PITS

The Body Corporate shall enter into and maintain a service agreement with a registered contractor to:

clean and maintain the grease/oil arrestor pits on all Lots on a regular three monthly cycle and on an "On
Call" basis in the case of an emergency; and

maintain the grease/oil arrestor pits on all Lots in accordance with the manufacturers specifications.

Owners of Lots will forthwith pay any costs incurred or payable by the Body Corporate in connection with
maintenance of the grease/oil arrestor pits on demand.

Owners and/or Occupiers of a Lot shall inspect the grease/oil arrestor pits on a weekly basis and after each
storm event.

An Owner or Occupier of a Lot will allow the Committee and the servants and contractors of the Body Corporate
access to the Lot and the Improvements at all reasonable times for the purpose of inspection and carrying out
works under this By-law provided that the Committee gives the Owner or Occupier reasonable notice of its
intention to enter upon the relevant Lot and Improvements and carry out works under this By-law.

Page 8

' QUEENSLAND LAND REGISTRY

Land Title Act 1994, Land Act 1994
and Water Act 2000

c

SCHEDULE

Title Reference

Form 20 Version 2
Page 7 of 9

4

 

[SCHEDULE D

OTHER DETAILS REQUIRED/PERMITTED TO BE INCLUDED |

 

Lots on Plan or Common Property

Statutory Easement

Service Location Diagrams

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Common Property on SP 170305 Electricity Area "E “ on Plan marked “A”
Common Property on SP 170305 Sewer Area "S” on plan marked “A”
Common Property on SP 170305 Stormwater Area “SW” on pian marked “A”
Common Property on SP 170305 Water Area “W" on plan marked “A”
SCHEDULE E' DESCRIPTION OF LOTS ALLOCATED EXCLUSIVE USE AREAS OF COMMON PROPERTY
Lot No. Area Purpose

By-law 17

Lot 1 on SP 170305 Area “A” on plan marked “B" Car parking

Lot 2 on SP 170305 Area “B" on plan marked “B” Car parking

Lot 3 on SP 170305 Area “C” on plan marked "B” Car parking

Lot 4 on SP 170305 Area “D" on plan marked “B” Car parking

Lot 5 on SP 170305 Area “E” on plan marked “B” Car parking

Lot 6 on SP 170305 Area “F” on plan marked “B” Car parking

Lot 7 on SP 170305 Area “G” on plan marked “B" Car parking

 

 

 

 

 

H:ANISP\Stage 2\Proforma\First CMS.doc

Page 9

‘

QUEENSLAND LAND REGISTRY
Land Title Act 1994, Land Act 1994
and Water Act 2000

c

SCHEDULE
Title Reference
Plan “A”

Form 20 Version 2
Page 8 of 9

 

=

 

? a »
1 1 4 t 1 1 1 JL 1 j

 

 

 

 

SERVICE LOCATION DIAGRAM

on Lots !~7 & Common Property
on SPI70305 °

 

 

 

 

 

 

 

scae 1200 {yy 1 4
PARISH TEWANTIN
COUNTY MARCH
ORIGINAL, POR 396
LOCAUTY NOOSAVLLE
MAP REF 545-3344 Ae
NERIDIAN SPI70305
LOCAL AUTHORITY. NOOSA S.C

MAX WATTERSON & ASSOCIATES

SURVEYORS, PLANNERS & DEVELOPMENT CONSULTANTS

 

SHOP 1, 10 MAPLE STREET, TELEPHONE aut 5442 6l2t

ORO" FAX (07) 5442 5125
P.O. BOX 638, C 4563. EMAIL [email protected]

 

JOB NO

02/ I30SBFP2

 

 

Page 10

QUEENSLAND LAND REGISTRY
Land Title Act 1994, Land Act 1994
and Water Act 2000

c

ELSNail’s placed in bitumen ot
oll Excjusive Use Areg corners.

$P 170305

SCHEDULE Form 20 Version 2
Title Reference Page 9 of 9
Plan “B”

+

     
    

 

 

 

 

 

 

 

 

 

 

 

 

 

SCALE I: 250 {™, 1 1 , j 1 1 1 _ ti L rl )
L Maxwell Leslie WATTERSON hereby certify thet tha lend
EC peters mig peal, fr sons rt PARISH 7EWANTIN SKETCH PLAN OF exqusive use AREAS (CAR PARKING) IN THE
Eitanroymmtetreenserenmante [county WARY COMMON PROPERTY GN LEVEL A, CONMUNITY TITLES SCHEME NO.
‘Act 2003 end: Reguietlons end Standords ond NOOSAVILLE INDUSTRIAL SERVICE PARK TWO ON SP170305.
0 Mi Die ORIGINAL — POR. 396 -
one Sholes Sarre TLOCALITY — NOOSAMILE MAX WATTERSON & ASSOCIATES
WPREP geese SURVEYORS, PLANNERS & DEVELOPMENT CONSULTANTS
908 NO 02 /1305BFP2 WERIDIAN — SPI70305 SHOP |, IOMAPLE STREET, TELEPHONE or eeae Stes

 

 

P.O. BOX 638, COOROY 4563.

 

EMAIL mwosurveysOoznetcom.com.au

 

Page 11

QUEENSLAND LAND REGISTRY GENERAL CONSENT Form 18 Version 4

Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 1 of 1
1. Lot on Plan Description County Parish Title Reference
Lot 2 on SP 170295 March Tewantin 50517069

 

2. instrument being consented to

Instrument type First Community Management Statement
Dated i of

Names of parties MINTGROVE PTY LTD A.C.N. 104 226 539 AS TRUSTEE UNDER INSTRUMENT 706603932
AS REGISTERED OWNER

 

3. Instrument under which consent required
Dealing Type MORTGAGE

 

Dealing No. 706603933, 706617061, 707690393, 708062274, 708062276 AND 708062281

Name of consenting party 9 EQUITITRUST LTD A.C.N. 061 383 944 ooo. cccccccccscscssesssssessssvssevsusevstserencateresavevsesees

 

4. Execution by consenting party

The party identified in item 3 consents to the registration of the instrument identified in item 2.

Witnessing officer must be aware of his/her obligations under section 161 of the Land Title Act 1994

Witnessing Officer Execution Date Consenting Party's Signature

   

lessee teenseceess AAAI ooo ooccceceeeeee Signature 3 Noo

CAROLINE LOUISE LOUGH
te eeeetereeennenneenteny CDEC TORRE tee Full name

sicereevearseseaseatcaesereceeeneeraseaaseaessasesaesseeraeeraees qualification

 

{Witnessing officer must be in accordance with Schedule 1 EQH j
of the Land Title Act 1994 eg Legal Practitioner, JP, C Dec) its duly appointed Attorney

Jeo nollher

under Power of Attomey No, 708640096

 

Privacy Statement

The information from this form is collected under the authority of the Land Title Act 1994, the Land Act 1994 and the Water Act 2000
and is used for the purpose of maintaining the publicly searchable registers in the land registry and the water register.

 

HANISP\Stage 2\ET Form 18 CMS.doc.