Resolutions to be voted on:

Resolution 1

Subject to the following motions being passed, The Owners Corporation – Plan No PS625721C resolves by special resolution, pursuant to Section 25 of the Owners Corporation Act 2006 to authorise the borrowing of money and enter into the Loan Contract (in a form consistent with the Loan Contract annexed to this electronic postal ballot) with Austrata Lending Services Pty Ltd in the amount of $5,000,000 (the Total Amount Borrowed) LESS the total amount lent to the Owners Corporation by the Contributing Lot Owners.

Resolution 2

Subject to the preceding and following motions being passed, The Owners Corporation – Plan No. PS625721C resolves by special resolution pursuant to Section 25 of the Owners Corporations Act 2006 to authorise the borrowing of money and also enter into the Contributing Lot Owner Lending Agreement (in a form consistent with the Contributing Lot Owner Lending Agreement annexed to this electronic postal ballot) with each of those owners who subsequently elect to lend funds to the Owners Corporation under this arrangement (the Contributing Lot Owners) in the amount being the aggregate of each of the contributions from the Contributing Lot Owners.

Resolution 3

Subject to the preceding motions being passed, The Owners Corporation – Plan No PS625721C confirms and agrees that by entering into the Loan Contract and the Contributing Lot Owner Lending Agreement detailed in the preceding motions that:

  1. it accepts finance on the terms of the Loan Contract and Contributing Lot Owner Lending Agreement;
  2. it will raise sufficient levy contributions each year to meet the expected loan repayments due under all of the loan agreements, payable quarterly in advance, to ensure that the Owners Corporation’s obligations with respect to the agreements are met for the entire term of the loans;
  3. it has not and will not take on any other material liabilities (other than those incidental to the day-to-day operations of an owners corporation) without first obtaining prior written consent of Austrata Finance Pty Ltd;
  4. it does not expect any material adverse change in the financial situation of the Owners Corporation in the next two years;
  5. it will use the funds only for the purpose set out in the loan agreements;
  6. all tax and other statutory obligations are up to date;
  7. all lot owners were provided with copies of the Loan Contract and Contributing Lot Owner Lending Agreement and acknowledge having read and received these documents annexed to this electronic postal ballot

Resolution 4

Subject to the preceding and following motions being passed, The Owners Corporation – Plan No PS625721C confirms and agrees that, where an Owner who has provided a loan to the Owners Corporation subsequently sells their apartment:

  1. The Owners Corporation may repay the loan balance owing to that Contributing Lot Owner using additional loan funds drawn down from Austrata Lending Services Pty Ltd, on the basis that there is no additional cost to the Owners Corporation in doing so;
  2. In the event that Austrata Lending Services Pty Ltd does not provide additional loan funds to the Owners Corporation with which to repay the Contributing Lot Owner’s loan, then the Contributing Lot Owner’s loan shall continue and ongoing loan repayments will be made by the Owners Corporation in accordance with the terms and conditions of the Contributing Lot Owner Lending Agreement.

Resolution 5

Subject to the preceding and following motions being passed, The Owners Corporation – Plan No PS625721C confirms and agrees that, where an Owner who is scheduled to provide a loan advance under a Contributing Lot Owner Lending Agreement to the Owners Corporation fails to provide those loan funds to the Owners Corporation:

  1. The Owners Corporation may repay any existing loan balance owing to that Owner, if applicable, using additional loan funds drawn down from Austrata Lending Services Pty Ltd, on the basis that there is no additional cost to the Owners Corporation in doing so;
  2. The Owners Corporation may replace any amount due to be paid but unpaid by that Contributing Lot Owner using additional loan funds drawn down from Austrata Lending Services Pty Ltd, on the basis that there is no additional cost to the Owners Corporation in doing so; and
  3. In the event that Austrata Lending Services Pty Ltd does not provide additional loan funds to the Owners Corporation with which to repay the Contributing Lot Owner’s loan, then the Contributing Lot Owner’s loan shall continue and ongoing loan repayments will be made by the Owners Corporation in accordance with the terms and conditions of the Contributing Lot Owner Lending Agreement.

Resolution 6

Subject to the preceding and following motions being passed, The Owners Corporation – Plan No PS625721C confirms and agrees that, if the strata plan is amended in the future resulting in a change in any Contributing Lot Owner’s Unit Entitlements in the strata scheme:

  1. each Contributing Lot Owner’s loan amount will be increased or decreased to align with the change of Unit Entitlements; and
  2. the increase or decrease in each Contributing Lot Owner’s loan amount will be offset by a corresponding increase or decrease in the loan amount from Austrata Lending Services Pty Ltd, on the basis that there is no additional cost to the Owners Corporation in doing so.

Resolution 7

Subject to the preceding motions being passed, The Owners Corporation – Plan No. PS625721C resolves by special resolution, pursuant to Section 10 of the Owners Corporation Act 2006 to authorise and delegate the function of signing on the Loan Contract and the Contributing Lot Owner Lending Agreement to two lot owners

Resolution 8

Subject to the preceding motions being passed, The Owners Corporation – Plan No PS625721C resolves by special resolution to approve the following:

  1. delegate to the Strata Managing Agent the signing of loan drawdown notices pertaining to the Loan Contract and Contributing Lot Owner Lending Agreement when required;
  2. delegate to two members of the Committee the signing of documentation if and when required to amend the loan repayment type on the loan agreement from Interest Only to Principal and Interest at or before the end of the scheduled Interest Only period;
  3. delegate to two members of the Committee the signing of documentation if and when required to repay a loan from one of the Contributing Lot Owners with proceeds from additional loan funds from Austrata Lending Services Pty Ltd;
  4. delegate to the committee all powers and authority required to administer and facilitate the practical implementation of the terms and conditions of the Loan Contract and Contributing Lot Owner Lending Agreement.

Resolution 9

The Owners Corporation hereby resolves by special resolution, pursuant to s.46,47,52 & 53 to authorise the repairs, replacement, upgrade and significant alteration of the common property detailed in the “BSS Group Report, dated 11th September 2017 and subsequent amendments and additions, (Major Building Rectification or Upgrade Works) and having properly and considered s.49 to levy each lot owner in accordance with lot liability for the costs of the Major Building Rectifications or Upgrade Works. The Owners Corporation authorises and delegates to the committee all powers and authority required to administer, execute and facilitate the practical implementation of the Major Building Rectifications or Upgrade Works including but not limited to:-

  1. the temporary closure of access to areas of common property;
  2. the temporary closure of facilities;
  3. the temporary use of common property by contractors, employees or agents to store equipment, machinery or anything else required for the Major Building Rectifications or Upgrade Works.

Resolution 10

The Owners Corporation hereby resolves, pursuant to s.44 to authorise monies to be paid out of the maintenance fund to fund the Major Building Rectifications or Upgrade Works or if required, to make any payments due and payable under the Loan Agreement or Contributing Lot Owner Lending Agreement. In resolving to authorise such payments, the Owners Corporation acknowledges that the Major Building Rectifications or Upgrade Works incorporate works that form part of the approved maintenance plan and it is therefore appropriate and reasonable to utilise the funds in the maintenance fund if so required.

PS 625721C Ballot

Resolution 1(Required)
I/we the undersigned, being a member of Owners Corporation PS625721C, vote as follows:
Resolution 2(Required)
I/we the undersigned, being a member of Owners Corporation PS625721C, vote as follows:
Resolution 3(Required)
I/we the undersigned, being a member of Owners Corporation PS625721C, vote as follows:
Resolution 4(Required)
I/we the undersigned, being a member of Owners Corporation PS625721C, vote as follows:
Resolution 5(Required)
I/we the undersigned, being a member of Owners Corporation PS625721C, vote as follows:
Resolution 6(Required)
I/we the undersigned, being a member of Owners Corporation PS625721C, vote as follows:
Resolution 7(Required)
I/we the undersigned, being a member of Owners Corporation PS625721C, vote as follows:
Resolution 8(Required)
I/we the undersigned, being a member of Owners Corporation PS625721C, vote as follows:
Resolution 9(Required)
I/we the undersigned, being a member of Owners Corporation PS625721C, vote as follows:
Resolution 10(Required)
I/we the undersigned, being a member of Owners Corporation PS625721C, vote as follows:
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Supporting documentation.

Important.

  • Forms submitted after 5pm on the 12th of August 2022 will be ruled invalid
  • Votes will be tabulated according to the unit and proxies nominated by the voter in this form (regardless of any other units they own or proxies they hold)
  • Owners are advised that they have the right to appoint a proxy for this ballot. Download the proxy form here.
  • Lucas Taylor is the returning Secretary for this ballot