New South Wales Consolidated Regulations

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STRATA SCHEMES MANAGEMENT REGULATION 2005 - SCHEDULE 7

SCHEDULE 7 – Forms

Form 1 - Certificate of Council’s approval of change of by-laws

(Clause 29 (1))

Certificate of Council’s approval of change of by-laws

Strata Schemes Management Act 1996

I certify that the

Council has approved the change of by-laws set out in the Schedule to this certificate.

Dated:

Strata Plan No:

General Manager

Certificate of Council’s approval of change of by-laws

Schedule



(Insert details of the changes approved by the Council)

Form 2 - Certificate under section 109 of the Act

(Clause 29 (2))

Certificate under section 109 of the Act

Strata Schemes Management Act 1996

Date of certificate20

Lot in respect of which certificate issuedStrata Plan No

Person requesting certificate

(owner/mortgagee/covenant chargee of lot/authorised person)

If an authorised person, authorised by

(owner/mortgagee/covenant chargee of lot)

The owners corporation of Strata Plan No. certifies the following:

1 Administrative fund-contributions payable by regular periodic instalments or lump sum (section 76 (1) of the Act)

Total amount last determined with respect to the lot

Number of instalments payable (if contribution payable by instalments)
Amount of each instalment
Dates on which each instalment is due:

Amount (if any) outstanding
Amount (if any) in credit
Discount (if any) applicable for early payment

2 Sinking fund-payments payable by regular periodic instalments or lump sum (section 76 (1) of the Act)

Total amount last determined with respect to the lot

Date on which determination made
Number of instalments payable (if contribution payable by instalments)
Amount of each instalment
Dates on which each instalment is due

Amount (if any) outstanding
Amount (if any) in credit
Discount (if any) applicable for early payment

3 Special contributions to the administrative fund (section 76 (4) of the Act)

Amount of any levy payable under section 76 (4) of the Act with respect to the lot
Date on which determination made
Number of instalments payable (if contribution payable by instalments)
Amount of each instalment
Dates on which each instalment is due

Amount (if any) outstanding
Amount (if any) in credit
Brief statement as to the purpose for which the contribution was levied

4 Money unpaid under by-law conferring a right or privilege (section 53 of the Act)

Amount payable under a by-law referred to in section 53 of the Act
Date when amount due

5 Contributions towards costs of proceedings (section 229 of the Act)

Amount of any levy payable under section 229 of the Act with respect to the lot

Date on which determination made
Number of instalments payable (if contribution payable by instalments)
Amount of each instalment
Dates on which each instalment is due:

Amount (if any) outstanding
Amount (if any) in credit
Brief statement as to the purpose for which the contribution was levied

6 Amounts recoverable in relation to work carried out by owners corporation

Amount (if any) recoverable under section 63 of the Act

7 Rate of interest payable on contributions

Rate of interest payable under section 79 of the Act on contributionsper cent.
Amount of interest payable in relation to outstanding contributions

8 Amount of unpaid pecuniary penalties

Amount of any unpaid pecuniary penalty that is a charge on the lot by reason of section 206 of the Act

9 Particulars on strata roll for lot to which certificate relates

Name of owner
Address for service of notices on owner
Name and address for service of notices of each mortgagee, covenant chargee or other person who has given notice to owners corporation under section 118 of the Act:

Name Address Capacity


10 Managing agent and caretaker

Name of managing agent (if any) appointed under section 26 of the Act

Address of managing agent

Name of caretaker (if any) within the meaning of section 40A of the Act

Address of caretaker

11 Members of executive committee

Name and address of each member of executive committee:

Name Address


12 By-laws

Particulars of any by-laws made by the owners corporation within the 2-year period before the date of this certificate that have not been lodged at the office of the Registrar-General as at that date:

13 Insurance policies

Particulars of all insurance policies held by owners corporation:

Type of policy Name of insurer Policy No Sum insured Date due Date when last premium paid Amount of last premium
Name of insurance broker for each policy (if relevant)

Certificate under section 109 of the Act

This part to be completed in addition if strata scheme is also part of community scheme

14 Contributions payable to administrative fund of community association

Total amount last determined with respect to the lot

Number of instalments payable (if contribution payable by instalments)
Amount of each instalment
Dates on which each instalment is due

Amount (if any) outstanding
Amount (if any) in credit
Discount (if any) applicable for early payment

15 Contributions payable to sinking fund of community association

Total amount last determined with respect to the lot

Date on which determination made
Number of instalments payable (if contribution payable by instalments)
Amount of each instalment
Dates on which each instalment is due

Amount (if any) outstanding
Amount (if any) in credit
Discount (if any) applicable for early payment

16 Contributions payable to administrative fund of precinct association

Total amount last determined with respect to the lot

Number of instalments payable (if contribution payable by instalments)
Amount of each instalment
Dates on which each instalment is due

Amount (if any) outstanding
Amount (if any) in credit
Discount (if any) applicable for early payment

17 Contributions payable to sinking fund of precinct association

Total amount last determined with respect to the lot

Number of instalments payable (if contribution payable by instalments)
Amount of each instalment
Dates on which each instalment is due:

Amount (if any) outstanding
Amount (if any) in credit
Discount (if any) applicable for early payment

THE COMMON SEAL OF THE OWNERS-STRATA PLAN No
was hereunto affixed on
in the presence of

being the person(s) authorised by section 238 of the Strata Schemes Management Act 1996 to attest the affixing of the seal.

Section 109 (8) of the Act provides:
(8) Certificate is evidence of matters stated in it A certificate given under this section is conclusive evidence, as at the date of the certificate, of the matters stated in it in favour of a person (whether or not the applicant for the certificate or a person referred to in the certificate) taking for valuable consideration:
(a) an estate or interest in a lot in a freehold strata scheme to which the certificate relates, or
(b) an estate or interest in a lease of a lot in a leasehold strata scheme to which the certificate relates.

Form 3 - Proxy appointment

(Clause 29 (3))

Proxy appointment

Strata Schemes Management Act 1996

Date

I/We
the owners of lot
in Strata Plan No
appoint
of
as my/our proxy for the purposes of meetings of the owners corporation (including adjournments of meetings).

Period or number of meetings for which appointment of proxy has effect*1 meeting/*meetings/*1 month/*months/*12 months or 2 consecutive annual general meetings

*Tick or tick and complete whichever applies

(Note. The appointment cannot have effect for more than 12 months or 2 consecutive annual general meetings, whichever is the greater. If no selection is made by the person giving the proxy, the proxy is effective only for one meeting.)

*1 This form authorises the proxy to vote on my/our behalf on all matters.

OR

*2 This form authorises the proxy to vote on my/our behalf on the following matters only:



[Specify the matters and any limitations on the manner in which you want the proxy to vote.]

*Delete paragraph 1 or 2, whichever does not apply.

*3 If a vote is taken on whether
(the strata managing agent) should be appointed or remain in office or whether another managing agent is to be appointed, I/we want the proxy to vote as follows:


*Delete paragraph 3 if proxy is not authorised to vote on this matter. For examples, read note 1 below.

Signature of owner/s

Signature of proxy

Note:
1 A proxy is not authorised to vote on a matter:
(a) if the person who appointed the proxy is present at the relevant meeting and personally votes on the matter, or
(b) so as to confer a pecuniary or other material benefit on the proxy, if the proxy is a strata managing agent, caretaker or on-site residential property manager.
2 This form is ineffective unless it contains the date on which it was made and it is given to the secretary of the owners corporation at least 24 hours before the first meeting in relation to which it is to operate (in the case of a large strata scheme) or at or before the first meeting in relation to which it is to operate (in any other case).
3 This form will be revoked by a later proxy appointment form delivered to the secretary of the owners corporation in the manner described in the preceding paragraph.


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