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AG Edwards Legal and Compliance Lawyers © 1 Disclosure Statement Body Corporate and Community Management Act 6 Cloverdale Body Corporate

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Page 1: Disclosure Statement - Hotspotcentral

AG Edwards Legal and Compliance Lawyers © 1

DisclosureStatement

Body Corporate andCommunity Management Act

6 Cloverdale Body Corporate

Page 2: Disclosure Statement - Hotspotcentral

AG Edwards Legal and Compliance Lawyers © 2

Body Corporate and Community Management Act and Land Sales Act Disclosure Statement

(Section 213 of the Body Corporate and Community Management Act 1997 and section 21 of the Land Sales Act 1984)

1 Development Overview

(a) The information contained on this page is only intended to give Buyers a general outline of the development being undertaken by the Seller (Development). Subject to the Seller’s contractual and legal obligations, it reserves the right to make amendments it considers appropriate to the Development.

(b) The Seller intends to construct a residential development known as 6 Cloverdale Body Corporate.

(c) Land on which the Development will be constructed is proposed to be subdivided to create up to 33 standard format lots to be used for residential purposes.

(d) The standard format lot will be subdivided to create a community titles scheme with 33 scheme buildings as outlined herein.

(e) Residential lot owners and occupiers will be bound by, and must comply with, all matters contained in the Community Management Statement for the Scheme.

2 Proposed Lot Details

The proposed lot being purchased is lot no. ___________ (Lot) in the 6 Cloverdale Body Corporate Scheme development as identified on the location plan contained in Annexure C and in the contract of sale (Contract) which accompanies this Disclosure Statement.

3 Seller

Name and address of Seller:

BG Developments Pty Ltd ACN 168 995 855 of Level 1, 126 Montpelier Road, Newstead, Qld, 4006

4 Buyer

Name and address of Buyer:

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5 Certificate of Title Representation

The Seller has represented that it will give the Buyer a separate indefeasible title to the proposed Lot and will supply to the Buyer at settlement the documents referred to in the Contract. The Seller has not represented or promised that a certificate of title to the Lot will be provided to the Buyer in exchange for the balance purchase price.

6 Body Corporate Contributions

6.1 Contributions

The annual contributions reasonably expected to be payable to the body corporate for 6 Cloverdale Body Corporate Community Titles Scheme (Scheme) by the owner of the proposed Lot are in Annexure A, annual costs of $51,084.00, which includes an annual administration cost of $1,552.55, a sinking fund contribution of $120 with total contribution per lot of $1,839.81 per annum.The interest schedule and contribution schedule lot entitlements are set out in the proposed community management statement contained in Annexure B.

6.2 Calculation of Contributions

The administrative and sinking levies are determined in proportion to the respective contribution schedule lot entitlements of the lots. The building insurance levies are determined in proportion to the respective interest schedule lot entitlements of the lots. Lot owners should note that a $900 per lot per annum fee has been agreed with the caretaker.

7 Body Corporate Contracts

The details of any proposed engagement of a person as a body corporate manager, service contractor or letting agent for the Scheme proposed to be entered into after the establishment of the Scheme are as follows:

See attached proposed Body Corporate Manager's Agreement and proposed Caretaking & Letting Agreement in Annexure B.

7.1 Body Corporate Assets

Details of all body corporate assets proposed to be acquired by the body corporate after the establishment of the Scheme:

(a) Not applicable

7.2 Community Management Statement

A copy of the proposed community management statement is attached to this Disclosure Statement in Annexure B.

7.3 Other Agreements

Any other agreement or arrangement as maybe incidental thereto that the Seller in it sole discretion deems desirable or necessary for the purpose of better seeing to the proper functioning operation and management of the Scheme or for the purpose of ensuring the proper functioning of the duties and powers of the Body Corporate.

7.4 Regulation Module

The Body Corporate and Community Management (Accommodation Module) Regulation 2008 is proposed to apply to the Scheme.

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7.5 Other matters prescribed under the regulation module section 213(2)(g)

Not applicable.

8 Power of Attorney

(a) This Disclosure Statement is given by the Seller to the Buyer in compliance with section 211 of the Body Corporate and Community Management Act 1997 (BCCM Act) or section 213 of the BCCM Act (as the case may be).

(b) Under clause 13.1 of the Contract to be entered into by the Seller and the Buyer (Contract) the Buyer, among other things, irrevocably appoints the Seller its attorney by execution of the Contract on the terms of clause 13.1 of the Contract (Power of Attorney).

(c) The Seller discloses to the Buyer the Power of Attorney to be given by the Buyer to the Seller and its directors may only be exercised to enable the Seller and its directors to do the following things and on the following terms:

(i) attend and vote (or do either) in the name of the Buyer at all or any meetings of the Body Corporate or of the Committee; and

(ii) 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 the Seller to vote in the name of the Buyer at all or any meetings of the Body Corporate or of the Committee of the Body Corporate in respect of any motion or resolution, for or relating to any one or more of the following:

(A) any new CMS to be recorded to facilitate the development identified in the CMS, which development necessitates the lodgement of new community management statements to reflect the matters identified in the CMS;

(B) any new CMS to record a by-law required to rectify an inaccuracy, defect, error or omission in any by-law contained in schedule C of the CMS;

(C) any new CMS to record allocations under any exclusive use by-law contained in Schedule C of the CMS or to record any deletion of any exclusive use by-law or any additional or replacement exclusive use by-law to facilitate the identification and/or allocation of exclusive use areas in the Scheme;

(D) affixing the seal of the Body Corporate to a Form 14 request to record a new CMS;

(E) a proposal that there will be no prohibition or restriction on the use of proxies by the Seller;

(F) authorise the owner of a lot (including the Seller) to make an improvement under section 172 of the Regulation Module including the installation, erection and/or construction of air conditioning equipment, enclosures, carports, pergolas, fencing, storage devices, screening, shutters, security devices or apparatus and awnings;

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(G) exercise any right of the Seller under this Contract;

(H) authorise the owner of a lot (including the Seller) to make an improvement contemplated under section 162 of the Regulation Module including the installation, erection and/or construction of air conditioning equipment, enclosures, carports, pergolas, fencing, storage devices, screening, shutters, security devices or apparatus and awnings;

(I) any proposal by the Body Corporate to take action or steps permitted under sections 159, 160, 161, 164, 165, 166, and 167 of the Regulation Module including the Body Corporate entering into and affixing its seal to an easement or licence with neighbouring property owners;

(J) the giving of an occupation authority to a service contractor or letting agent under the Regulation Module;

(K) the issue of a continuing contravention notice under section 182(2) of the BCCM Act or the issue of a future contravention notice under section 183(2) of the BCCM Act;

(L) the issue of a notice under sections 203(1) or (2) of the BCCM Act;

(M) an application to be made for an order of an adjudicator under section 238(1) of the BCCM Act;

(N) an appeal to be lodged under sections 289(2) or 304 of the BCCM Act;

(O) the commencement of a proceeding under section 312(1) of the BCCM Act;

(P) the adoption of administrative and sinking fund budgets for the Body Corporate;

(Q) any proposal involving spending above the limit for Committee spending;

(R) engaging a body corporate manager, or service contractor, or authorising a person as a letting agent (and any deed of consent required by any financier relating to that engagement or authorisation), if details of the engagement or authorisation were disclosed to the Buyer before this Contract was entered into;

(S) consenting to the recording of a new community management statement to include by-laws, the details of which by-laws inclusion was disclosed to the Buyer before this Contract was entered into;

(T) nominate a person for membership of the Committee and vote at any election of members of the Committee;

(U) 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 relevant Regulation Module;

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(V) complete, sign and lodge any written consent under sections 171(2) and 171(3) of the BCCM Act and section 171(1) of 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.

(d) This power of attorney is irrevocable and shall be given by the Buyer to the Seller for a period expiring one (1) year after the Scheme is established.

(e) The Buyer agrees to ratify and confirm all the acts, deeds and things done or performed under this power of attorney.

(f) While this power of attorney remains in force, the Buyer must not transfer or assign the Lot other than to a transferee or assignee who has first agreed to be bound by the provisions of clause 13 of the Contract and who has executed a power of attorney in favour of the Seller and its directors in the same terms as clause 13 of the Contract.

(g) The Buyer will not grant a mortgage of the Lot without first providing a copy of this Contract to the mortgagee and procuring the mortgagee’s agreement to be bound by the provisions of clause 13 of the Contract.

9 Proxy Disclosure Statement

(a) This Disclosure Statement is given by the Seller to the Buyer pursuant to Section 108(3) of the Body Corporate and Community Management (Accommodation Module) Regulation 2008.

(c) Under clause 13.6 of the Contract, the Buyer, amongst other things agrees to execute and deliver to the Seller a proxy in the terms set out in clause 13.6 of the Contract.

(d) The Seller discloses to the Buyer that the proxy appoints the Seller his/her/its proxy to vote at the First Annual General Meeting or any extraordinary general meeting of the Body Corporate in respect of the issues referred to in clause 9(d) below.

(e) The Seller discloses that the Seller will exercise the proxy to vote on one or more of the following:

(i) the engagement of a person as a body corporate manager or service contractor or authorising a person as a letting agent if the details of the engagement or authorisation were disclosed to the Buyer before the Buyer entered into this Contract;

(ii) authorising a service contractor or letting agent to use a part of the Common Property if the details were disclosed to the Buyer before the Buyer entered into this Contract;

(iii) consenting to the recording of a new community management statement to include a by-law the details of which were disclosed to the Buyer before the Buyer entered into this Contract.

(f) This proxy shall be given by the Buyer to the Seller for a period expiring one year after the establishment of the Community Titles Schemes to which it relates.

(g) The appointment of the Seller as proxy under clause 13.6 of the Contract includes the following provision:

(i) The proxy is irrevocable for a period of one (1) year after the Scheme is

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AG Edwards Legal and Compliance Lawyers © 7

established.

(ii) The Buyer agrees to ratify and confirm any action taken by the Seller to vote at meetings of the Body Corporate using the proxy.

(iii) While the proxy remains in force the Buyer must not transfer or assign the Lot other than to a transferee or assignee who has first agreed to be bound by the provisions of clause 13.6 of the Contract and who has executed a proxy in favour of the Seller in the same terms as clause 13.6 of the Contract.

(iv) The Buyer will not grant a mortgage of the Lot without first providing a copy of the Contract to the mortgagee and procuring the mortgagee’s agreement to be bound by the provisions of clause 13.6 of the Contract.

AcknowledgementSIGNED by the Seller or Seller’s Agent

Signature

Date

The Buyer acknowledges having received and read this Disclosure Statement (and all documents contained in it) before signing the Contract.

SIGNED by the Buyer

Signature Signature

Date

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AG Edwards Legal and Compliance Lawyers © 8

Annexure A-Budgets and Related Financial Information

Page 9: Disclosure Statement - Hotspotcentral

6 CLOVERDALE

BG Developments QLD Pty Ltd

Schedule of Proposed Contributions

Total Number of Lots 33

Total Contribution Lot Entitlements 33

Total Contribution Interest Entitlements 33

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1 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 2 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 3 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 4 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$

5 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 6 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 7 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$

8 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 9 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 10 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 11 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 12 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 13 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 14 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 15 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 16 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 17 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 18 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 19 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 20 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$

21 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 22 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$

23 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 24 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 25 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 26 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 27 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 28 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 29 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 30 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 31 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 32 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$ 33 1 1 1,552.55$ 120.00$ 1,672.55$ 1,839.81$ 200.00$ 35.38$

TOTAL 33 33 33 51,234.15$ 3,960.00$ 55,194.15$ 60,713.57$ 6,600.00$ 1,167.57$

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Number of Proposed Lots:

*All budgeted amounts are exclusive of GST.

BUDGET CATEGORY ITEM AMOUNT COMMENTSProfessional Services

Accountant - income tax preparation $0.00 Tax Return not until 2 year of operation

Body corporate manager – management fees $4,620.00 $140 per lot per annum

Body corporate manager – disbursements $1,980.00 $60 per lot per annum

Body corporate manager - other $500.00 miscellaneous expenses, and requested services

Administration Expenses

Admin Fees and Charges $500.00 eg, backflow registration

Admin Fees and Charges - Body Corporate Set up $250.00 This is a one off extablishment fee

Admin Fees and charges – Software Licencing Fee $429.00 Currently $13 per lot

Admin Fees and charges – Workcover legislation compliance $290.00 WorkCover Body Corporate Insurance premium

Insurance

Insurance - building $6,215.00 Based on Insurer's quote of 28/05/2014

Caretaking Services, Materials & Supplies

Caretaking services – building manager $29,700.00 Costed $900 per lot per annum

Cleaning Supplies $300.00

Utility/Building Services

Electricity $1,500.00 common areas only

Pest Control Services $850.00 common areas only

Building Maintenance

Minor Building Maintenance $1,000.00 minor / miscellaneous repairs to complex (eg. light bulbs etc)

Electrical repairs $500.00

Plumbing Maintenance $500.00

Garden / Lawn Maintenance $1,950.00 $75 per fortnight, Communal area, gardens near road/pathways

GST

TOTAL OF PROPOSED ADMINISTRATIVE FUND $51,084.00 $5,108.40

COST PER LOT ADMINISTRATION FUND $1,548.00 154.80$

PROPOSED Administrative Fund Budget for 6 CLOVERDALE DRAFT

ONLY For the first Twelve Month Period

(33 lots)33

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Number of Lots:

*All budgeted amounts are exclusive of GST.

BUDGET CATEGORY ITEM BUDGET AMOUNT NOTESProvision for Future Sinking Fund Expenditure 3,960.00$

GST

TOTAL PROPOSED SINKING FUND CONTRIBUTION 3,960.00$ $396.00

COST PER LOT SINKING FUND 120.00$ 12.00$

PROPOSED Sinking Fund Budget for 6 CLOVERDALE

For the first Twelve Month Period

33

(33 lots)

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Annexure B- Body Corporate Manager and Service Contract Engagements and Letting Agent Authorisations

This Annexure contains the following:

1. Proposed Body Corporate Manager's Agreement;

2. Proposed Caretaking & Letting Agreement; and

3. Proposed Community Management Statement.

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Proposed Body Corporate Management Agreement

Between

RUBICON BCS Pty Limited (atf)

t/a RUBICON Body Corporate Services

and

The Body Corporate for Doolandella Development

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1.0 The Parties

The Manager RUBICON BCS Pty Limited (atf) ABN: 28 169 439 482 t/a RUBICON Body Corporate Services of 167 Lutzow Street, Tarragindi QLD 4121

The Body Corporate The Body Corporate for Doolandella Development of 6 Cloverdale Road, Doolandella QLD 4077

The Parties Collectively, the Manager and the Body Corporate

2.0 Definitions and Interpretation

“Act” means the Body Corporate and Community Management Act 1997 (Qld) as amended;

“Additional Services” may include, but is not limited to, the services specified in Schedule 2;

“Agreed Services” means the administrative services specified in Schedule 1;

“Agreement” means this agreement, including its Schedules;

“Applicable Regulation Module” means the applicable Body Corporate and Community

Management regulation module currently adopted by and applying to the Body Corporate;

“RUBICON” means Rubicon BCS Pty Limited (atf) t/a RUBICON Body Corporate Services;

“the Legislation” means collectively the Body Corporate and Community Management Act 1997

(Qld) (the Act) and the Applicable Regulation Module currently applying to the Body Corporate;

“the Manager” means the “Body Corporate Manager” as defined in section 14 of the Body

Corporate and Community Management Act 1997 (Qld);

“the Term” means the term specified in Schedule 3, Item A.

2.1 This Agreement is governed by the laws of Queensland and contains the entire agreement between the Parties.

2.2 This Agreement supersedes any previous agreement between the Parties. 2.3 To be valid, any amendment or variation of this Agreement must be in writing and signed by the

Parties. 2.4 In this agreement, reference to:

(a) The singular includes the plural, and vice versa; (b) One gender includes each other gender; (c) A person includes a Body Corporate.

3. Engagement of the Manager as Body Corporate Manager

3.1 This is an agreement between the Parties for the engagement by the Body Corporate of theManager as the body corporate manager for the Body Corporate (the engagement).

3.2 The engagement is for the provision of administrative and secretarial services (Agreed Services) tothe Body Corporate (including the carrying out of functions of the committee, and the executivemembers of the committee) and the provision of legislative information and advice to the BodyCorporate and its committee.

3.3 The engagement is not for the provision of building or property maintenance services (maintenanceservices) to the Body Corporate and its common property. The Manager and the Body Corporateagree that the Manager will not undertake any maintenance services on behalf of the BodyCorporate unless specifically agreed to between the Parties, and further that the Manager is not aperson in control of a relevant workplace area for the purposes of the Workplace Health and SafetyAct 1995.

3.4 Specifically, and for the avoidance of doubt, the Manager will not be liable to the Body Corporate for

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any failure to undertake, or engage suitable contractors to undertake, any maintenance or required service, including one for which fine or penalty may apply to the body corporate, except whether such obligation of the Manager is included as part of the Agreed Services of the Manager.

3.5 For the avoidance of doubt, the Manager is engaged as an independent contractor and not an employee of the Body Corporate.

4. The term and commencement of this agreement

4.1 The engagement of the Manager by the Body Corporate under this agreement is for the term, andshall commence on the date specified in Schedule 3, Item A, of this Agreement.

5. Duties of the Manager under this agreement

5.1 The Manager must perform for the Body Corporate the Agreed Services set out in Schedule 1 ofthis Agreement.

5.2 The Manager may perform, if requested by the Body Corporate, any Additional Services includingbut not limited to those set out in Schedule 2 of this Agreement.

5.3 The Manager agrees that in performing the Agreed Services and Additional Services (if any) underthis agreement, that it will do so:

(a) in a professional manner; (b) comply with the legislation in all respects; and (c) comply with the code of conduct for Body Corporate Managers in all respects.

5.4 In performing the Agreed Services and Additional Services (if any), the Manager shall have:

(a) authority to sign all meeting and other notices issued by all members of the committee; (b) custody of, and be authorised to affix, the common seal of the Body Corporate to:

(i) By-law Contravention Notices issued on the instructions of the committee; (ii) Body Corporate information certificates issued pursuant to section 205 of the Act,

and any other document which the Manager is authorised or instructed by the committee, or the body corporate in general meeting, to sign or issue on its behalf.

6. The authorised powers of the Manager

6.1 Pursuant to section 119 of the Act, the Body Corporate authorises the Manager to exercise all thepowers of the executive members of the committee to the extent permissible under the legislation(the authorised powers), including but not limited to, authority to administer the body corporate’sadministrative and sinking funds, and financial institution accounts.

6.2 This authorisation does not:

(a) prevent the exercise of the authorised powers by any member of the committee; (b) prevent the committee directing the Manager about how the authorised powers are to be

exercised; (c) render the Manager responsible in place of the Body Corporate for performing the Body

Corporate’s or the committee’s statutory duties and functions, or relieve the Body Corporate or the committee of its obligation to perform these duties and functions.

6.3 For the avoidance of doubt, the Body Corporate may, by notice in writing to the Manager, revoke the Manager’s authorisation to exercise the authorised powers at any time.

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6.4 The Body Corporate authorises the manager to open and operate a bank account with the Macquarie Bank as sole signatory on behalf of the Body Corporate for the administrative fund and sinking fund.

6.5 The Body Corporate authorises the manager to disburse body corporate funds in payment of: a) All invoices approved for payment by the body corporate committee, or included on a list of

authorised contractors, payments to whom are automatically authorised, or standard and usual recurring invoices of the body corporate by its contractors;

b) Professionals and contractors engaged by the body corporate, as directed;c) The Resident Manager, in payment of Management Fees under their Agreement;d) Insurance premiums of the body corporate, and renewal thereof;e) Invoices of Utility Service providers and Government authorities, including the ATO;f) Recurring invoices arising under Service Agreements of engaged contractors;g) Invoices received in respect of approved budget line item of expenditure.

7. Body Corporate instructions to the Manager

7.1 The Body Corporate shall nominate a member of the committee who is:

(a) the principal contact person between the committee and the Manager; and (b) authorised to give instructions to the Manager on behalf of the Body Corporate.

7.2 In the event that, if the committee fails to nominate a member for the above purposes, then thechairperson shall be deemed to be so nominated.

7.3 All Body Corporate instructions to the Manager shall be in writing.

8. Claims against the Manager by the Body Corporate

8.1 The Manager will not be liable for loss or damage to the Body Corporate where the Manager hasacted competently and without negligence in performing its obligations as the Manager under theagreement, and, without limiting the otherwise general intent of this, where for example, the Manageris prevented from carrying out its obligations for reason of there being insufficient Body Corporatefunds to meet an outstanding liability, or where for example, the Body Corporate has not presentlyauthorised a direction to the Manager, or where for example, the matter is not within the AgreedServices of the Manager under this agreement generally, or specifically excluded under clause 3.

8.2 The Body Corporate releases the Manager (to the extent permitted by law) from any claim, action orliability, and agrees that it will indemnify the Manager in respect of any claims, suits or demandsarising against the Manager in consequence of the Manager acting on behalf of the Body Corporateand performing the obligations of the Manager without negligence under this agreement.

9. Payment of the Manager for fees and disbursements

9.1 The Manager is hereby authorised to establish a recurring direct debit from the Body Corporate’sbank account, on the agreed basis (either monthly or quarterly, in arrears), for the following Feesand Fixed Disbursements for Agreed Services:(a) the management fee for the provision of Agreed Services by the Manager to the Body

Corporate as specified in Schedule 3, Item B of this Agreement; (b) The fees calculated for fixed disbursements for Agreed Services in accordance with

Schedule 3, Item B (where Fixed Disbursements are nominated). For the avoidance of doubt, the Manager’s right to charge the Body Corporate for Disbursements for Additional Services rendered at the rates specified in Schedule 3, Item E shall apply to this Agreement even if Disbursements for the Agreed Services are charged at a fixed rate per lot as provided in Schedule 3 Item B.

(c) All applicable GST related to the provision of the above Agreed Services or Fixed Disbursements (for Agreed Services).

9.2 The Manager shall invoice the Body Corporate, on the agreed basis (either monthly or quarterly, in arrears), and the Body Corporate shall pay to the Manager on the basis of the invoice, the following: a) the fee for the provision of any and all Additional Services agreed to be provided by the Manager

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to or on behalf of the body corporate calculated in accordance with Schedule 3, Item C of this Agreement;

b) The fees calculated by the Manager in accordance with Schedule 3, Item E of this Agreementbeing the cost of all Disbursements incurred by the Manager in the provision of any Additional Services agreed to be provided to the Body Corporate;

c) All applicable GST related to the provision of the above Agreed Services, Additional Services orFixed Disbursements.

9.3 In addition, the Manager shall invoice to the Body Corporate and the Body Corporate shall pay to the Manager at the cost incurred by the Manager: a) the annual subscription fee, on a per lot basis, for the Mystrata Strataware online accounting and

management system utilised by the Manager in the management of the Body Corporate; b) the annual subscription fee payable by the Manager, on a per lot basis, for the online banking

and payments system utilised by the Manager in the management of the Body Corporate; c) any GST paid or incurred by the Manager in providing the Body Corporate with any goods or

services, including the above systems, under the terms of this agreement.

9.4 The Manager is by this agreement authorised to deduct from the bank account of the Body Corporate seven (7) days after invoicing the Body Corporate all fees, disbursements, and other charges (including but not limited to GST and subscription fees) set out in paragraphs 9.2 and 9.3 of this Agreement in payment of the Manager’s disbursements and other outgoings associated with the performance of this Agreement by the Manager.

9.5 The Manager is entitled to retain fees paid to the Manager, for the provision of any information which the Manager is required to supply about the Body Corporate under the legislation, or for permitting the inspection of body corporate records by an “interested person” as defined in the legislation (the Act, S.205). “Information which the Manager is required to supply” includes, but is not limited to: (a) a body corporate information certificate on behalf of the Body Corporate (the Act, S.205); (b) a disclosure statement supplied to an owner for the purposes of sale (the Act, S.206).

9.6 If the term of this agreement as specified in Schedule 3, Item A is for a term greater than one (1) year, then on each yearly anniversary of the date of this agreement being entered into, the Fees for Agreed Services and Fixed Disbursements specified in Schedule 3, Item B of this Agreement shall be increased by five percent (5%) so as to equal one hundred and five percent (105%) of the fee paid for Agreed Services and Fixed Disbursements in the year immediately preceding the year under review.

9.7 For the avoidance of doubt, all fees and disbursements set out in Schedule 3, Items B, C, D & E do not include GST. That is, GST is payable in addition on all fees and disbursement calculated in accordance with this Agreement and Schedule 3, Items B, C, D & E.

10. Termination of this agreement

10.1 This agreement is at an end at the completion of the term of this agreement.

10.2 The Body Corporate may terminate this agreement:

(a) in any of the circumstances set out in Part 6 Division 4 of the applicable regulation module headed Termination of engagements and authorisation;

(b) if the Manager is negligent or engages in grossly inappropriate conduct in carrying out its obligations under this agreement;

(c) if the Manager fails or refuses to perform its obligations under this agreement; (d) if the Manager contravenes the Code of Conduct; (e) if the Manager fails to comply with the provisions of the legislation governing the

administration of the administrative and sinking funds, or the financial institution accounts, of the Body Corporate.

10.3 If the Body Corporate does seek to terminate this agreement, it must do so in accordance with the statutory procedure set out in Chapter 6, Part 5 of the applicable regulation module.

10.4 The Manager may terminate this agreement during the term by giving one (1) month’s notice in

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writing to the Body Corporate if: (a) the Body Corporate fails or otherwise refuses to pay the Manager all fees and disbursements

payable under this agreement; (b) in the reasonable opinion of the Manager, the Body Corporate acts in such a way as to

prevent the Manager from performing the Agreed services in part or at all; (c) the Body Corporate otherwise repudiates this agreement, and acts as if the agreement is at

an end.

10.5 In addition to any other rights it might have, the Manager may terminate this agreement by one (1) months notice, or such other time period as agreed in writing to the Body Corporate.

10.6 Upon termination of this agreement by either party, the Body Corporate will remain liable for any fees or disbursements then outstanding to the Manager, and the Manager will be entitled to recover all outstanding amounts from the Body Corporate.

11. Return of body corporate property or documents in custody of the Manager

11.1 During the continuance of this agreement, the Manager will in all respects comply with therequirements of the legislation in respect of the return of body corporate property or documents in itscustody provided that:

(a) the Manager shall not be required to perform the Agreed Services in the event of the Body Corporate requiring the return of body corporate property or documents necessary to perform those Agreed Services during the term of this agreement; and

(b) the Body Corporate will remain liable to pay the Manager for the Agreed Services during the continuance of this agreement.

12. Goods and services tax

12.1 In this agreement, a reference to GST or to a Goods and Services Tax means any tax imposed bythe Commonwealth government which is in the nature of or has the effect of a tax on the supply orprovision of goods and / or services by one party to another.

13. Acknowledgement that Manager is not acting as legal representative of BodyCorporate

13.1 The Body Corporate acknowledges that it has been informed that:(a) prior to entering into this agreement, that the principal of the Manager is legally qualified in

the State of Queensland; (b) the expertise and experience in all aspects of body corporate management of the principals

of the Manager have been gained during the principals’ aggregate experience in the Office of the Commissioner, Body Corporate and Community Management;

(c) there are currently no educational, legal or licensing, or other entry or professional requirements for a body corporate manager to operate or practice as such in Queensland;

(d) in the performance of this agreement, the Manager, and its officers will be acting as a body corporate manager and not as a solicitor or any other legal capacity; and

(e) specifically, any information or advice given to the Body Corporate by the Manager shall be given in the capacity of a body corporate manager and not as a solicitor or any other legal capacity.

14. Right to transfer this Agreement

14.1 Subject to the provisions of the applicable legislation, the Manager shall be entitled to transfer thisAgreement.

15. Agreed Debt Recovery Process

15.1 On behalf of the Body Corporate, the Manager will use its best endeavours to recover all arrears ofcontributions and all professional costs and outlays associated with any debt recovery procedures,from the owner of the lot in arrears. However, the recovery of all professional costs and other outlays

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associated with debt recovery procedures cannot be guaranteed and may be subject to such costs being determined as reasonable by a court (in the applicable debt recovery proceedings).

15.2 The Body Corporate agrees to indemnify the Manager in respect of all costs and outlays associated with debt recovery procedures commenced against an owner for arrears of contributions, subject to the Manager acting reasonably and in accordance with this Agreement. In particular, the Manager will undertake the debt recovery procedures as outlined in Schedule 3 Fees & Disbursements, under the heading “Arrears Recovery Procedures”, namely:

STAGE PRECEEDING (“the proceeding”) COST (excl. of GST)

1 At 7 or 30+ days overdue Overdue Contributions Notice $5 per Notice

2 At thirty (30) days overdue Overdue Contributions Letter $30 per Letter

3 At forty-five (45) days overdue Letter of demand $180 per Letter + Outlays

4 When instructed by committee to commence Debt Recovery Proceedings

Commence Debt Recovery Proceedings (DRP)

At cost of DRP (including the engagement of external debt recovery agents + outlays)

15.3 The Body Corporate agrees and expressly authorises the Manager to implement the debt recovery procedures as outlined. Further, whilst the Manager will seek to recover all debt recovery costs and outlays from the owner in arrears, the Manager is entitled to be paid the costs outlined in this Agreement and any outlays by the Body Corporate following issue of the proceeding (including any stage thereof), subject to reimbursement by the owner to the Body Corporate on payment of the outstanding arrears and associated debt recovery costs.

16. Insurance

16.1 The Body Corporate acknowledges that the Manager will not provide, and has not provided at any time prior to the date of this Agreement, any insurance advice or recommendations in relation to the extent, nature, level or appropriateness of any insurance policy effected from time to time by the Body Corporate and the Body Corporate releases and indemnifies the Manager from any claim whatsoever or howsoever arising in that regard.

16.2 In the event that the Body Corporate insurance is not placed by the Manager, and is arranged independently by the Body Corporate with a Broker not associated with the Manager, the Manager reserves the right not to be involved directly in insurance claims processing on behalf of the Body Corporate. Further, to the extent that the Manager is required to provide information or materials (invoices etc), or to undertake accounting procedures on behalf of the Body Corporate related to insurance claims processing, then the Manager is entitled to invoice the Body Corporate at the rate per hour set out in this agreement set out for Insurance Claims processing for such attendances.

17. Special conditions

17.1 For the avoidance of doubt, the Manager is only required to perform the Agreed Services during standard business hours (8.30 am to 5:00 pm). However the Manager may, by agreement, attend all General Meetings and Committee Meetings (including those which are part of the Agreed Services) scheduled outside these hours on the basis that the Body Corporate agrees to pay to the Manager the Surcharge for After Hours Meetings as provided in Schedule 3, Item C of this Agreement.

17.2. For the avoidance of doubt, the Body Corporate shall not be liable to pay to the Manager any fee for processing of an insurance claim or claims where the Manager has received a commission from either the Underwriter or an Insurance Broker in relation to the Body Corporate’s insurances. In the case where no such commission has been received, the Manager is entitled to receive and the Body Corporate shall be liable to pay to the Manager the fee calculated in accordance with the hourly rate specified in Schedule 3, Item C of this Agreement.

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Schedule 1 - Agreed Services Secretarial Services - Annual General Meeting

Prepare the Notice inviting Nominations for Committee and Request for Motions

Prepare the Meeting Notice, Agenda, Proxy and Company Nominee Forms, Voting and Ballot Papers (including Secret BallotPapers if required) and other documentation required for the AGM

Prepare and provide to all owners the annual financial statements (including balance sheet / income and expenditure statements /proposed budgets and proposed levies for the new financial year) for the AGM

Arrange and attend the AGM of the body corporate (up to two (2) hours duration) and record attendances, proxies, voting andballot papers, and voting outcomes on all agenda items for preparation of AGM minutes

Prepare Minutes of AGM

Secretarial Services - Committee Meetings (Two (2) per year)

Request agenda items from the Committee and prepare the Notice for Committee Meeting (up to two (2) hours duration), Agendaand Proxy Form for Committee Members

Prepare and provide to committee members quarterly (or other relevant period) financial statements (balance sheet / income andexpenditure / aged debtors arrears report) for all committee meetings

Arrange and attend all Committee Meetings and record attendances, proxies, and voting on all agenda items, and actioncommittee instructions

Prepare Minutes of each Committee Meeting and action committee instructions arising at each meeting

Financial Services

Open and operate a bank account in the name of the Body Corporate for funds under its control

Establish and maintain the Administrative and Sinking Funds and the Books of Accounts of the Body Corporate and all requiredfinancial statements

Prepare the Annual Financial Statement of Accounts and Budgets for both the Administration and Sinking Funds

Prepare the following Financial Statements for all committee meetings which the body corporate manager is required to attend:a) Balance Sheet b) Income and Expenditure Statement c) Cash Flow Statement d) Levy Arrears Statement

Prepare Quarterly Levy Contribution Notices, and Overdue Contribution Notices (if any)

Receipt into the Body Corporate bank account, and account for, all contributions and other funds received

Reconcile all body corporate bank accounts, including investment accounts, on a monthly basis

Process and pay all Body Corporate invoices and make other payments on behalf of the Body Corporate as authorised andinstructed by the committee

Instruct professionals to commence debt recovery action in respect of outstanding contributions (if required).

Administrative Services

Establish all Rolls & Registers of the Body Corporate and maintain these Rolls and Registers from the date of engagement of ourcompany as body corporate manager

Receive, and respond to (or otherwise process) correspondence of a routine administrative nature on behalf of the Body Corporate

Implement decisions of the Body Corporate and its committee as instructed in writing

Make available for inspection as required the records of the Body Corporate

Hold the Body Corporate Common Seal and affix it as required and authorised

Obtain quotations for renewal of Body Corporate insurances, and subject to the receipt of a commission on the renewal of BodyCorporate insurances, process & submit all body corporate insurance claims

Provide to the Committee general advice on the Act and applicable Regulation Module(*note that “prepare” will include distribution to the relevant parties of the documentation prepared, subject to payment by the Body Corporate of all disbursements, calculated in accordance with Schedule 3 Fees and Disbursements).

Schedule 2 - Additional Services Additional services may include, but are not limited to:

Any additional general or committee meetings or resolutions not included in Schedule 1, and attending and forwarding minutes ofthose meetings;

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 CommunityManagement Act 1997 (Qld) dispute resolution applications;

Attendance to all Owner/Occupier issues and liaison with or on behalf of the Committee on all matters not included in Schedule 1Agreed Services (that is, correspondence not of a routine administrative nature, and correspondence instructed out of meeting);

Preparing any materials requested by the body corporate, and attendances to give instructions to any Body Corporate Solicitors,Accountants or Auditors, Engineers or Tradespersons, 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 processingof insurance claims, where the Manager does not receive an insurance commission;

Preparation and lodgement of body corporate documentation with the Registrar of Titles, including but not limited to new community management statements;

Preparation and lodgement of annual Body Corporate Tax Return, Quarterly BAS Returns, and preparation of materials for audit ofBody Corporate Accounts, where resolved to be so audited.

Mandatory compliance with relevant legislation and / or Australian standards including but not limited to Workplace Health andSafety, Asbestos, Pool Safety, Qld Fire and Rescue Service Act, Building Fire Safety, and other legislation applying;

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

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Schedule 3 - Fees and Disbursements for Doolandella Development for (3 years)

*All amounts stated in this schedule 3 are EXCLUSIVE of Goods and Services Tax (GST)

Item A. Term

Term of 3 years* (or

such longer period as may

be permissible under the

then applicable legislation)

commencing on From date of appointment at the first General Meeting of the

Body Corporate

ending on Three (3) years* from the commencement date

Item B. Fees for Agreed Services & Fixed Disbursements

The Fee for Agreed Services shall be

(exclusive of GST)

$140.00

$4,620.00

Per lot

Per Annum

The Fee for Fixed Item E Disbursements (if agreed) shall be (exclusive of GST)

$60.00 $1,980.00

Per lot Per Annum

Payable on the basis Monthly In Arrears

Item C. Fees for Additional Services

Consultation Director (PT) $180.00 Per hour

Accountant (Acct T) $150.00 Per hour

Accounting Staff (Acct ST) $95.00 Per hour

Administrative Staff (AT) $75.00 Per hour

Insurance claim processing (IT) (if no Comm.) $120.00 Per hour

Meetings Extraordinary General Meetings* $180.00 Per hour

Additional Committee Meetings* $180.00 Per hour

If required to convene and hold AGM on

handover from previous BC Manager

All attendances including

instructions, document

prep. Attendance at AGM

and to prep. minutes, & all

matters incidental

$25 per lot

*After hours meetings-Meetings held outside

of business hours will attract a A/H surcharge

$100.00 Per event

Meeting involving Secret Ballot Vote $100.00 Per event

Engagement of a Returning Officer POA Per event

Voting outside Committee Meetings $150.00

$50.00

Per event (up to 3 motions)

For each additional motion

Notices / Invoices / Correspondence Committee Nominations Notice $3.00 Per notice

Special contributions Notice $3.00 Per notice

Correspondence (Instructed by Committee) $30.00 Per Item

By-law contravention notice $180.00 Per notice

Tax/Financial Attendances Preparation of Income Tax Return $250.00 Per return

Preparation of information for Business

Activity Statement (BAS)

$150.00 Per statement

Quarterly payment of PAYG Instalment notice $50.00 Per quarter

TFN/ABN/GST Set Up $100.00 Per event

Preparation of additional financial statements $25.00 Per request

Preparation of records for audit Greater of $250 or

$5.00 per lot

Per Event

Establishment of term deposit / investment

Account

$50 if < $50,000

$75 if > $50,000

Per deposit

Per deposit

Renewal of term deposit / investment Account $25 Per renewal

Reports & Certificates (*excl cost of report)

Insurance Valuation Reports* 10% of Report cost Per report

WPH&S and Sinking Fund Reports* 10% of Report cost Per report

Annual Pool Safety Report / Certificate Attend $25 Per report / Cert

Other requested 3rd party reports* 10% of Report cost Per report

Government Applications & Forms ATO Change of Registration Details $75.00 Per Event

Form 14 – Change of BC Address

CMS preparation and lodgement fee

$50.00

Director

Per Event plus

gov’t charges

Arrangement for lodgement of documents with

Registrar of Titles

Director Per hour plus

gov’t charges

Liaison with Lawyers or other Professionals Director Per hour

Preparation of Application / Submission to

Commissioner for Body Corporate

Director Per hour plus

gov’t charges

Body Corporate Set Up Fees

Scanning of all BC documentation $45.00 Per Building

Stationary on Establishment of BC records $45.00 Per Building

New or Existing Schemes Lesser of $300 or

$5.00 per lot

Per event

Quotes, Repairs & Maintenance

Obtaining Quotes, Repairs and Maintenance

co-ordination

$120.00 Per hour

Co-ordinating Pest, termite & like inspections $10.00 Per lot

and providing reports, information to Owners

Despatching Work Order $40.00 Per event

Online Management System Fee

Online Management System Fee At cost plus GST

(currently $13)

Per lot per

annum

Charges / invoices to lot owner* (Invoiced to BC but included against Owner’s levy

statement at time of request / application)

Charged to lot

Owner, via levy

statement

Overseas Postage – additional charge to Owner $15.00 Per lot / annum

Insurance Certificate of Currency $25.00 Per request

Additional / replacement Notice of

contributions requested by Owner

$25.00 Per Invoice

Request for information for Owner Tax Prep. $25.00 Per Request

False Fire Alarm Invoice to Owner $40.00 to owner Per notice

Dishonoured Cheque Fee Invoice $40.00+ bank fee; Per invoice

Request for copy of by-laws by Owner $25.00 Per request

Replacement Key / FOB request $40 Per Request

Replacement request for AGM / EGM docs $40+postage Per Request

Owner Pet / Improvement Application $40 Per Request

Arrears / Debt Recovery fees of BC Manager* *excludes legal or other professional fees/ charges

Per table of fees

& charges below

Refer below

Arrears Debt Recovery Procedures (Stages 3 & 4 only - subject to committee instruction)

Cost + Outlays (exclusive of GST)

STAGE 1 –Notice of overdue Contributions

issued at 7+ days (charged to Lot Owner)

$6.00 Per Notice

STAGE 2 – Letter of overdue Contributions

issued at 30+ days (charged to Lot Owner)

$30.00 Per Letter

STAGE 3 – Letter of Demand issued after an

additional 14 days if debt remains outstanding

At cost + Outlays Per Letter

STAGE 4 – Debt Recovery Action – recovery

of debt by external debt recovery agent,

including outlays (eg. searches, court costs etc)

At cost + Outlays Per event

Liaison with committee & debt recovery agent

concerning recovery proceedings

Director Per hour

Item D. Insurance Commissions Percentage of Base Insurance Premium 15% or as disclosed

Item E. Disbursements (*all charges subject to a 30% administration fee)

Electronic Communications

Phone & Fax communications made, sent or

received (incl. local, STD, mobile and fax)

$7.50 per lot Per annum

Email communication

Bulk email communication

EFT Invoice Payments

$0.75

$0.75

$0.75

Per email

Per Recipient

Per transaction

Photocopying & Scanning 1x single sided copy: $0.40 cents Per A4 page

1 x double sided / duplex: $0.80 cents Per A4 page

Specialist photocopying (eg. A3) At cost* Per page

Postage / Couriers / Envelopes Postage – DL Envelopes Aust. Post current

charges apply* Per envelope

Courier (Urgent/Standard) Courier current

charge applies* Per event

Envelopes + label – (DL / DLX) $0.30 Per envelope

Envelopes – (DL Window) $0.30 Per envelope

Envelope + label – (C5) $0.45 Per envelope

Envelopes + label –Plain - (C4) $0.60 Per envelope

Secret Ballot Envelope $1.50 Per envelope

Item F. Miscellaneous

Stationery

Ring Binder $5.00 Per binder

Plastic sheet protectors – A4 $0.10 Per protector

Tab & Alpha dividers $5.00 Per packet

Annual Stationary Charge per Building $25.00 Per Annum

Archive & Retrieval

Archiving of records $5.00 (per box) per month

Offsite retrieval/Delivery to office –

collection/re-file from office

$15.00 first box $6.00 per box

for adt. boxes

Archive Box $5.00 Per box

Travel ATO rate Per meeting

Other unspecified schedule 3 items as provided by RUBICON at cost + 15%

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Execution

EXECUTED as an agreement

THE COMMON SEAL of the Body Corporate for Doolandella Development

Chairperson:

………………………………………………………………

was affixed in accordance with the Act and Regulations:

Secretary:

………………………………………………………………

Date:

……………………………………………………………… Date of signing not necessarily the date of agreement. Refer to Schedule 3, Item A

EXECUTED BY: Rubicon BCS Pty Ltd (atf) ABN: 28 169 439 482 t/a RUBICON Body Corporate Services

Signature of authorised officer:

……………………………………………………………… Richard Meek, Darren Taylor, Directors

Rubicon BCS Pty Ltd trading as

RUBICON Body Corporate Services

Date:

……………………………………………………………… Date of signing not necessarily the date of agreement. Refer to Schedule 3, Item A

Body Corporate Common Seal

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Caretaking and Letting Agreement BETWEEN

Body Corporate for 6 Cloverdale Body Corporate Scheme

AND

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Caretaking and Letting Agreement

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Table of Contents

1 Definitions and Interpretation 1 1.1 Definitions 1 1.2 Interpretation 2

2 Appointment of Caretaker 2

3 Remuneration of Caretaker 3

3.1 Payment 3 3.2 Adjustment 3 3.3 Purpose of remuneration 3

4 Duties of Caretaker 3 4.1 Duties 3 4.2 Caretaker to carry out duties except if skilled tradesman required 5 4.3 Provision of materials or services 6 4.4 Compliance with law 6 4.5 Times for performing duties 6

5 Expenditure by Caretaker 6

6 Letting Business 7

7 Assignment 7

8 Competition for Caretaker 8

9 Termination by Body Corporate 8

10 Termination by the Caretaker 8

11 Disputes 8

12 Management Rights Schemes 9

13 Notices 9

14 Costs 9

15 Engagement of Others by Caretaker 9

16 Representatives 10

17 Leave 10

18 Severance 10

19 Proper Law 11

20 Automatic Extension 11

Schedule 1 Duties of Caretaker 14

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Parties

6 Cloverdale Body Corporate Scheme CTS of c/- RUBICON Body Corporate Services, PO Box 3062, TARRAGINDI QLD 4121

(Body Corporate) AND

<<Caretaker>> of <<Caretaker Address>> (Caretaker)

Background

A. The Body Corporate has agreed to appoint the Caretaker to perform certain caretaking and related duties on behalf of the Body Corporate.

B. The Body Corporate has also agreed that the Caretaker may provide letting services for the owners of lots in the Scheme.

Terms and Conditions

1 Definitions and Interpretation

1.1 Definitions

In this agreement, unless the context clearly indicates otherwise:

Act means the Body Corporate and Community Management Act 1997;

Building means any building or similar improvement on the Scheme Land;

Business Day means a day which is not a bank holiday in Brisbane;

By-law means the by-laws for the Scheme;

Caretaker's Unit means any lot in the Scheme nominated to the secretary of the Body Corporate as such by BG Developments QLD Pty Ltd ACN 168 995 855 (or any person to whom it assigns the right of nomination). To remove doubt, no Caretaker's Unit may be nominated;

Committee means the committee of the Body Corporate;

Common Property means the common property, as defined in the Act, in the Scheme;

Further Term means the period of 10 years commencing on «insert» and expiring on «insert»;

GST means the goods and services tax imposed by a New Tax System (Goods & Services Tax) Act 1999 (Commonwealth) or if that Act does not exist for any reason, any Act imposing or relating to the imposition or administration of the GST in Australia and any regulations made under that Act, together with any related interest, penalties, fines or other charges;

Index Number means:

(a) the Consumer Price Index (All Groups) Number for Brisbane published from time to time by the Australian Bureau of Statistics; but

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(b) if the Consumer Price Index (All Groups) Number for Brisbane ceases to be published then an index published, at the date of commencement of the Term and at the relevant anniversary of such date, by the Australian Bureau of Statistics which reflects fluctuations of the cost of living in Brisbane; and

(i) as may be agreed upon by the parties; or

(ii) if the parties are unable to agree, as may be determined by the President of the Queensland Law Society Incorporated or by some person nominated by him, whose decision will be conclusive and binding;

If at any time during the Term the Australian Bureau of Statistics updates the reference base of the Index Number, the required conversion will be made to preserve the intended continuity of the calculations by making the appropriate arithmetical adjustment to make the updated Index Number correspond in reference base to the Index Number at the review dates;

Property means the Common Property and all improvements and landscaping on or forming part of the Common Property (including, without limitation, any glazing).

Related Person means any person nominated by BG Developments QLD Pty Ltd ACN 168 995 855 to the Committee from time to time;

Scheme means 6 Cloverdale Body Corporate Scheme;

Scheme Land means the land the subject of the Scheme;

Security Devices means any plant, equipment, device, cameras or other thing that monitors or records people or vehicle movement (or both) from and to the Scheme Land;

Tax Invoice has the meaning given in the laws referred to in the definition of GST; and

Term means the period of 25 years commencing on «insert» and expiring on «insert».

1.2 Interpretation

In this agreement except to the extent that the context otherwise requires:

(a) any word importing the singular number includes the plural and vice versa;

(b) any word importing one gender includes the other genders;

(c) any reference to a person will include a company or a government;

(d) any reference to a statute includes amendments to all law made under the statute;

(e) any heading used in this agreement is used for convenience only and will not be used in the interpretation of this agreement; and

(f) notice means written notice.

2 Appointment of Caretaker

The Body Corporate appoints the Caretaker for the Term to carry out the duties under this agreement and the Caretaker accepts such appointment.

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3 Remuneration of Caretaker

3.1 Payment

The Body Corporate will pay the Caretaker the sum of $900 plus GST per lot perannum. The payments will be made by equal calendar monthly instalments in arrears, the first instalment to be paid one calendar month after the commencement of the Term.

3.2 Adjustment

(a) Subject to clause 3.2(b), the remuneration of the Caretaker will be adjusted on each anniversary of the date of commencement of the Term in accordance with the following formula:

NR = R C2

C1

Where:

NR is the annual remuneration to be payable from the relevant anniversary;

R is the initial annual remuneration set out in clause 3.1;

C1 is the Index Number last published before the commencement of the Term; and

C2 is the Index Number last published before the relevant anniversary from which the adjusted remuneration is to be calculated.

(b) In no circumstances can the remuneration of the Caretaker calculated under clause 3.1 be less than the remuneration payable before the calculation.

(c) Where necessary, any payments under this agreement by the Body Corporate will be adjusted as necessary for part of a month.

(d) If GST is chargeable in respect of services supplied by the Caretaker, the Body Corporate will pay the Caretaker an additional amount equal to that GST, calculated at the rate prevailing at the time of payment. However in exchange for the payment the Caretaker must give to the Body Corporate a Tax Invoice.

3.3 Purpose of remuneration

No part of the remuneration paid under this clause will be for carrying out any letting functions, providing any letting services or operating a letting business.

4 Duties of Caretaker

4.1 Duties

The Caretaker by its employees or agents must carry out the following duties:

(a) subject to any obligations of owners of lots in the Scheme under a By-law, maintain, repair and keep clean the Property or cause it to be managed, maintained, repaired and kept clean so as to ensure that it is kept in first class order and repair (consistent with the high quality and standard of the Building), and do all things necessary or in the opinion of the Caretaker desirable to protect the interests of the Body Corporate in respect of the Property;

(b) police the observance of the By-laws of the Body Corporate by the owners and/or occupiers (including their guests and licensees) for the time being of the lots in the Scheme;

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(c) at the request of the Body Corporate, advise the Body Corporate concerning the duties of the Caretaker, and provide such other advice as the Body Corporate may request relative to the management, repair and maintenance of the Property;

(d) keep in its possession the master key or keys for any switch room, substation or other rooms under the control of the Body Corporate and the lots in the Scheme so far as individual lot owners will permit. The possession of those keys will only be surrendered to an authorised representative appointed by the Committee or the individual lot owner concerned but the Caretaker will allow a lawfully authorised person in the course of his duties free access to any part of the Property so authorised at all reasonable times;

(e) report promptly to the Body Corporate on all things on the Property requiring repair and on all matters creating a hazard or danger and take remedial action where practicable;

(f) arrange maintenance contracts as required by the Body Corporate and ensure that any such contracts in force are carried out in accordance with their terms and for this purpose maintain a schedule of contracts with the due dates for service calls and dates of attendance which will be made available to a Committee representative on request;

(g) comply with and carry out all reasonable directions from time to time given by the Body Corporate to the Caretaker in and about the administration and management of the Property and the performance by the Body Corporate of its lawful obligations and duties;

(h) at all times ascertain and be aware of the general condition of the Property and all machinery and appurtenances used for the Property so that the Caretaker is able to keep the Body Corporate informed in that regard;

(i) as far as the Caretaker is reasonably able and lawfully capable of so doing, to keep order in the Property and take such precautions as it sees fit to safeguard the Property against unlawful entry or accident or damage;

(j) keep itself fully appraised of the layout, construction, location, character, plan and operating of any lighting, irrigation, drainage, sewerage, power, communication, security and other systems and equipment installed on the Property with the aid of inspections made by competent personnel and with the assistance of a set of plans of the Property and any improvements on the Property (such plans to be provided to the Caretaker by the Body Corporate). Advise the Body Corporate generally on the condition of such systems and equipment from time to time and recommend to the Body Corporate (should the Caretaker consider it necessary) any changes or modifications to be made in respect of any such matters;

(k) advise the Body Corporate in relation to any correspondence, reports, enquiries and complaints related to the Property and the management of the Property and advise the Body Corporate on such matters;

(l) subject to obtaining the prior approval of the Body Corporate, buy, sell, replace, erect, construct, repair, exchange, lease, hire or otherwise acquire and install all fittings, fixtures, equipment, improvements and additions to the Common Property on behalf of the Body Corporate as the Body Corporate may reasonably deem necessary to maintain the standard of the Common Property;

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(m) regularly:

(i) water, fertilise, weed and maintain the gardens and shrubs on the Common Property;

(ii) clean and keep tidy the Property and other assets of the Body Corporate in the care and control of the Caretaker,

to a high standard;

(n) undertake such works and perform such other acts and do such other things as are incidental to or reasonably necessary and proper in the discharge of its duties and obligations under this agreement;

(o) carry out the written directions of the Body Corporate regarding specific matters or regarding permanent policies or procedures to be observed provided however that the Caretaker may refer any such directions to an expert in the manner provided in clause 11 of this agreement;

(p) regularly remove rubbish from receptacles located on the Common Property to a central location point suitable for external collection and maintain such receptacles in a clean and sanitary condition;

(q) clear the Body Corporate letterbox daily and forward correspondence to the relevant person;

(r) be contactable between the following hours:

Monday to Friday inclusive - 9am to 5pm,

Saturday – 9am to 1pm,

or such other hours and days as agreed with the Committee from time to time. In the case of an emergency, the Caretaker will be contactable at all other times by telephone or similar means of communication. To remove doubt, the Caretaker is not required to be on the Scheme Land but must be contactable as provided in this provision;

(s) account promptly to the Body Corporate for any moneys or other property held on behalf of the Body Corporate and secure for and credit to the Body Corporate any discounts, commissions or rebates obtained with respect to any purchase or expenditure on behalf of the Body Corporate;

(t) carry out regular inspections of the Property to ensure that no unauthorised persons are using the Property and, so far as is possible, ensure the proper standards of behaviour are maintained by persons using the Property;

4.2 Caretaker to carry out duties except if skilled tradesman required

(a) It is fundamental to this agreement that the Caretaker will carry out all its duties under this agreement (or engage persons to carry out such duties on his behalf

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at his cost) other than those duties that require a skilled tradesman or similar person to carry out such duties.

(b) Subject to obtaining the prior approval of the Body Corporate, if a skilled tradesman or similar person is required, the Caretaker must arrange the appointment of such a person and obtain quotations and anything else needed for the proper authorisation of the appointment. It is the responsibility of the Body Corporate to authorise the appointment of such a person.

(c) If there is a dispute between the Body Corporate and the Caretaker as to whether a skilled tradesman or similar person is required to carry out any duty, the dispute may be determined, at the instance of either party, by a licensed real estate agent nominated by the President for the time being of the Real Estate Institute of Queensland. Such nominee will have experience in caretaking agreements and in making his decision will act as an expert and not as an arbitrator. Both parties will be entitled to make written submissions to the nominee and the nominee will give notice of his decision as soon as is reasonably practicable. The nominee's decision will be final and binding upon the parties and the cost of the nominee's decision will be borne by the parties in such shares as the expert may determine and, failing such determination, equally.

4.3 Provision of materials or services

(a) The Caretaker must not arrange agreements with a person or corporation for the provision of materials or services to the Body Corporate unless the Caretaker has obtained the prior approval from the Committee.

(b) The Caretaker at his cost will have all equipment, machinery (including, without limitation, any equipment, machinery or vehicles necessary to take rubbish to a central location point for external collection) and tools necessary to carry out his duties under this agreement in proper and workman like manner other than equipment, machinery and tools related to those duties required to be carried out by a skilled tradesman or similar person. The Caretaker will cause such equipment, machinery and tools to be maintained in good working order and condition.

4.4 Compliance with law

(a) The Caretaker must comply with all applicable laws in carrying out its obligations under this agreement.

(b) To remove doubt, and despite anything else in this agreement, where any part of the Common Property is the subject of an exclusive use By-law, the Caretaker is required to carry out the duties of the Body Corporate as provided under that By-law.

4.5 Times for performing duties

Without limiting the Caretaker’s duties and obligations under this agreement, it will do the things mentioned in Schedule 1 to this agreement at the times and frequency indicated or as otherwise agreed in writing with the Committee.

5 Expenditure by Caretaker

(a) The Caretaker is entitled to pledge the credit of the Body Corporate within the limits from time to time approved in writing by the Committee for the purpose of obtaining materials used in the performance of its duties or those of other

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employees of the Body Corporate and for such other purposes as are necessary or incidental to the discharge of the obligations of the Caretaker under this agreement.

(b) The Caretaker will check and verify accounts for goods or services payable by the Body Corporate relative to matters which are the responsibility of the Caretaker under this agreement and notify the Body Corporate that they are in order for payment.

6 Letting Business

(a) The Caretaker may carry on the business of:

(i) letting lots in the Scheme; and

(ii) all associated services commonly rendered in connection with letting lots in developments similar to that comprising the Scheme.

(b) The Caretaker may provide such letting service for such owners of lots in the Scheme as require that service. However the owners are free to choose whether or not to use the letting services of the Caretaker.

(c) The Caretaker must comply with all laws in conducting the letting business.

7 Assignment

The Caretaker must not assign its interest in this agreement unless:

(a) the Caretaker gives to the Body Corporate not less than one (1) month's prior notice of the Caretaker's desire to assign its interest in this agreement and such notice is accompanied by:

(i) all pertinent details of the proposed assignee; and

(ii) evidence of the experience and good character of the proposed assignee;

(b) the Caretaker is not as at the date of giving notice or at the date of the assignment in default under this agreement;

(c) the Caretaker proposes to assign its interest in this agreement to:

(i) an assignee who is a suitable, respectable, responsible and solvent person financially substantial and otherwise capable of performing the obligations of the Caretaker under this agreement (the onus of proving which to the reasonable satisfaction of the Body Corporate is upon the Caretaker);

(ii) an assignee who enters into a deed with the Body Corporate in a form reasonably required by the Body Corporate containing, amongst other things, a covenant that he will comply with this agreement;

(iii) an assignee who furnishes to the Body Corporate such further covenants, indemnities and guarantees in respect of the performance of the obligations of the Caretaker under this agreement as the Body Corporate reasonably requires (including, without limitation, personal guarantees of the assignee's obligations under this agreement); and

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(d) the Caretaker pays to the Body Corporate its reasonable fees and disbursements (including legal fees and stamp duty) of and incidental to the matters referred to in this clause.

8 Competition for Caretaker

Insofar as it is lawful, the Body Corporate agrees to not enter into any agreement in substantially the same terms as this agreement with any other person while this agreement is current. This clause is inserted for the Caretaker’s benefit and may be waived by the Caretaker at any time.

9 Termination by Body Corporate

This agreement may be terminated by the Body Corporate by notice to the Caretaker if the Caretaker:

(a) assigns its interest in this agreement in breach of clause 7 of this agreement;

(b) fails to carry out its duties under this agreement and such failure continues for fourteen (14) days after notice has been given to the Caretaker specifying the duty which the Caretaker has failed to carry out and calling upon the Caretaker to perform such duty;

(c) is guilty of gross misconduct or gross negligence in the performance of its duties;

(d) being an individual, is convicted of an indictable offence involving fraud or dishonesty, an assault or an offence involving assault.

10 Termination by the Caretaker

This agreement may be terminated by the Caretaker by notice to the Body Corporate in any of the following events:

(a) if the Body Corporate fails to carry out its duties under this agreement and such failure continues for fourteen (14) days after notice has been given to the Body Corporate specifying the duty which the Body Corporate has failed to carry out;

(b) if the Body Corporate fails to pay to the Caretaker any remuneration payable to the Caretaker under the terms of this agreement on the due date for payment and such failure continues for a period of 14 days after formal demand has been made.

11 Disputes

(a) If any dispute arises between the Caretaker and the Body Corporate touching upon any matter arising under the terms of this agreement or incidental to this agreement, it will, unless otherwise provided, be determined and finally settled by a person to be agreed upon between the parties or failing agreement such person as may be nominated for the purpose by the President for the time being of the Queensland Law Society Incorporated at the request of either party and the person so acting will make his determination as an expert and not as an arbitrator.

(b) Both parties are entitled to make written submissions to the expert.

(c) The expert must give notice of his decision as soon as is reasonably practicable in the circumstances.

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(d) The expert's decision is final and binding upon the parties and the costs of the expert's determination will be borne by the parties in such shares as the expert may decide, and failing such decision, equally.

12 Management Rights Schemes

If CO 02/305 (Management Rights Schemes Class Order Relief) (or any provision that replaces those provisions from time to time) applies to any letting business conducted by the Caretaker, the Caretaker must ensure that any written agreement entered into or to be entered into with any owner of a lot in the Scheme relating to the letting of their lot includes the provisions as specified in Schedule E of that class order.

13 Notices

(a) Notices under this agreement may be signed by a party or its solicitor.

(b) Notices are effectively given if:

(i) delivered or posted to the other party or its solicitor; or

(ii) sent to the facsimile number of the other party or its solicitor.

(c) Notices posted will be treated as given 2 Business Days after posting.

(d) Notices sent by facsimile will be treated as given when the sender obtains a clear transmission report.

(e) Notices by a party's solicitor to the other party or its solicitor will be treated as given with the first party's authority.

14 Costs

Each party will pay its own costs of this agreement but any stamp duty must be paid by the Caretaker.

15 Engagement of Others by Caretaker

The Caretaker may engage other persons to carry out its duties and obligations under this agreement. These persons may also engage other persons to assist them. Such engagement does not affect the liability of the Caretaker under this agreement.

16 Representatives

(a) Both the Caretaker and Committee will appoint a person (Representative) to represent them under this agreement. The Representative will represent the Caretaker or the Committee (as the case may be) and can give instructions and receive advice on its behalf. A decision of the Representative is a decision of the person it represents.

(b) A representative may be changed from time to time by notice given from the person the Representative represents.

(c) The Representative of the Caretaker must attend meetings of the Committee and Body Corporate as requested from time to time.

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17 Leave

The Caretaker can appoint a suitable replacement to carry out the Caretaker's functions under this agreement for a total period of four (4) weeks per annum. However the Caretaker must provide reasonable details of the replacement to the Body Corporate.

18 Severance

If it is held by a Court of competent jurisdiction that:

(a) any part of this agreement is void, voidable, illegal or unenforceable; or

(b) this agreement would be void, voidable, illegal or unenforceable unless any part of this agreement were severed from this agreement,

that part will be severed from and will not affect the continued operation of the rest of this agreement unless to do so would change the underlying principal commercial purposes of this agreement.

19 Proper Law

This agreement will be governed by and interpreted in accordance with the laws of Queensland.

20 Automatic Extension

(a) If the Caretaker has not given a written notice to the Body Corporate at least three (3) months before the expiry of the Term stating that it does not want the

Term extended, then this agreement will automatically be extended for the Further Term.

(b) If requested by the Body Corporate, the Caretaker and any guarantor of the Caretaker’s obligations will sign a deed of extension confirming the extension of this agreement for a Further Term (and containing such other reasonable terms as the Body Corporate decides). The Body Corporate’s reasonable legal costs of the deed of extension will be paid by the Caretaker on demand.

(c) The remuneration payable for the first year of the Further Term will be calculated in accordance with clause 3.2.

(d) After the expiry of the Further Term this agreement ends and there is no further right of extension.

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Execution Page

EXECUTED as an Agreement on __________________20

The COMMON SEAL of the Body Corporate is ) affixed in the presence of: )

Committee Member (Secretary) Corporate Nominee for Original Owner

Name of Committee Member Name of Corporate Nominee

SIGNED by the Caretaker in the presence of: ) )

Signature of witness Signature

Name of witness Name of signatory

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Schedule 1 Duties of Caretaker

Clause 4.5

The Caretaker will do the following:

Cleaning and ground maintenance - daily routine (if necessary)

1.

2.

All Common Areas and Body Corporate Assets

Keep clean and tidy. (a)

(b) Effect minor repairs and maintenance of Common Property of such nature as not to require the services of a skilled tradesman.

(c) Clean all windows and glass that is accessible.

Cleaning and grounds maintenance - weekly routine (if necessary)

Light Fittings

(a) Maintain a supply of all types of light bulbs and tubes used in the complex.

(b) Carry out an inspection of all light fittings and replace bulbs required.

(c) Have faulty light fittings repaired as required.

(d) Check for correct operation and repair as required.

3. Garbage Bin Area

(a) Scrub out bin area with disinfectant/cleanser.

(b) Thoroughly wash down and wipe clean all door surfaces with a disinfectant/ cleanser.

Common Areas Garden Maintenance

(a) Mowing and edge trimming of common area lawns, and disposal ofclippings

(b) Pruning of plants as necessary to maintain tidy gardens.

4.

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QUEENSLAND LAND REGISTRY GENERAL REQUEST Land Title Act 1994, Land Act 1994 and Water Act 2000 Duty Imprint

Form 14 Version 4

Page 1 of 1

r- Dealing Number

11 11111111111111 OFFICE USE ONLY Privacy Statement Collection of this information is authorised by the Land Title Act 1994 the Land Act 1994 and the Water Act 2000 and is used to maintain the publicly searchable registers in the land registry and the water register. For more information about privacy in DNRM see the department's website.

1. Nature of request

Reservation of Body Corporate Name

Lodger (Name, address, E-mail & phone number)

AG Edwards Level 1, 126 Montpelier Road, Newstead, QLD, 4006 I PO Box 526, Varsity Lakes, Qld , 4227

Lodger Code

2. Lot on Plan Description

Lot 105 SP235699

County

STANLEY

Parish Title Reference

3. Registered Proprietor/State Lessee

BG Developments (QLD) Pty Ltd ACN 168 995 855

4. Interest

Fee simple

5. Applicant

BG Developments (QLD) Pty Ltd ACN 168 995 855

6. Request

OXLEY 50815536

I hereby request that: The Body Corporate Name to wit Body Corporate for 6 Cloverdale Body Corporate Community Titles Scheme be reserved for the Community Titles Scheme to be established upon the subdivision of the property

7. Execution by applicant

L

10/08/2014 Execution Date Note: A Solicitor is required to print full n

_J

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CMS Version 3 QUEENSLAND LAND REGISTRY Body Corporate and Community Management Act 1997 Page 1 of

FIRST COMMUNITY MANAGEMENT STATEMENT

THIS STATEMENT MUST BE LODGED TOGETHER WITH A FORM 14 GENERAL REQUEST AND IN THE CASE OF A NEW STATEMENT 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 6

CLOVERDALE COMMUNITY TITLE SCHEME

2. Regulation module

STANDARD / ACCOMMODATION MODULE

3. Name of body corporate

6 CLOVERDALE COMMUNITY TITLES SCHEME

4. Scheme landDescription of Lot

Lots 1 to 33, and commonproperty of Community TitlesScheme

County

STANLEY

Parish

OXLEY

Title Reference

50815536

5. Name and address of original owner #

BG DEVELOPMENTS QLD PTY LTD ACN 168 995 8556. Reference to plan lodged with this

statement

SP235699

7. Local Government community management statement notation

.................................................................................. signed

name and designation

COUNCIL OF THE CITY OF BRISBANE name of Local Government

8. Execution by original owner/Consent of body corporate

Execution Date *Execution

/ /

..............................................................................................

Adrian Edwards

10/8/2014

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SCHEDULE A SCHEDULE OF LOT ENTITLEMENTS

Lot on Plan Contribution Interest

Lot 1 on SP 1 1

Lot 2 on SP 1 1

Lot 3 on SP 1 1

Lot 4 on SP 1 1

Lot 5 on SP 1 1

Lot 6 on SP 1 1

Lot 7 on SP 1 1

Lot 8 on SP 1 1

Lot 9 on SP 1 1

Lot 10 on SP 1 1

Lot 11 on SP 1 1

Lot 12 on SP 1 1

Lot 13 on SP 1 1

Lot 14 on SP 1 1

Lot 15 on SP 1 1

Lot 16 on SP 1 1

Lot 17 on SP 1 1

Lot 18 on SP 1 1

Lot 19 on SP 1 1

Lot 20 on SP 1 1

Lot 21 on SP 1 1

Lot 22 on SP 1 1

Lot 23 on SP 1 1

Lot 24 on SP 1 1

Lot 25 on SP 1 1

Lot 26 on SP 1 1

Lot 27 on SP 1 1

Lot 28 on SP 1 1

Lot 29 on SP 1 1

Lot 30 on SP 1 1

Lot 31 on SP 1 1

Lot 32 on SP 1 1

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Lot 33 on SP 1 1

TOTALS 33 33

SCHEDULE B EXPLANATION OF THE DEVELOPMENT OF SCHEME LAND

There is to be no further development of the Scheme Land.

SCHEDULE C BY-LAWS

1. Interpretation

1.1 Headings throughout these By-laws are for guidance only and are not to be used as an aid in the interpretation ofthese By-laws.

Plurals include the singular and singular the plural. References to either gender shall include a reference to theother gender.

Reference to the whole includes any part of the whole.

1.2 Throughout these By-laws, the following terms will, where the context so admits, have the meanings herein

ascribed to them.

‘Act’ means the Body Corporate and Community Management Act 1997 and the Regulation Module applying tothe Scheme;

‘Boat’ will include sailboard, jet ski and similar pleasure craft;

‘Body Corporate’ means the Body Corporate established upon the registration of the Community Titles Scheme.

‘By-laws’ means these By-laws or any specified part of them.

‘Caretaker’ means the person or corporation appointed by the Body Corporate from time to time as residentcaretaker to, amongst other things, keep the Common Property in good order.

‘Common Property’ means the common property referred to in the Community Titles Scheme.

‘Committee’ means the Committee of the Body Corporate appointed pursuant to the Act.

‘Committee's Representative’ means a member of the Committee appointed from time to time for the purposeof representing the Committee.

‘Community Titles Scheme’ means the Central Park Apartments Varsity Central Community Titles Scheme .

‘Development’ means any works carried out on the Scheme Land (excluding the inside of Lots) in the nature ofconstruction, alteration, addition, modification, renovation or repair of any dwelling or other building, fence,retaining wall, all external signs or hoardings, external flood lights or spot lights, external fittings, excavation, fillingor landscaping, planting or removal of any vegetation, trees or shrubs or civil infrastructure such as water,electricity, electricity lines, sewerage services and cable television.

‘GST’ means any value added, consumption, turnover or similar tax, impost or duty on goods and/or serviceswhich is introduced by the Commonwealth or any State or Territory.

‘Heavy Vehicle’ includes a motor vehicle in excess of two tonnes weight.

‘Lot’ means a lot in the Community Titles Scheme.

‘Motor Vehicles’ includes motor bikes but does not include motor vehicles in excess of 2 tonnes weight, caravans,camper-vans or mobile horses.

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‘Original Owner’ has the meaning given to it in the Act.

‘Scheme Land’ means all the land contained in the Community Titles Scheme.

‘Person’ includes a company.

‘Scheme’ means the community titles scheme created on subdivision of the Scheme Land.

‘Secretary’ means the Secretary of the Body Corporate.

2. Use of Lot

2.1 Each Lot will be used for residential purposes only.

3. General Appearance of Lots

3.1 No structural alterations will be made to any Lot which includes, but is not limited to, any alteration to gas, water,

electrical installations or work for the purpose of enclosing in any manner whatsoever the balcony, if any, of any

Lot and including the installation of any air-conditioning system.

3.2 An owner or occupier of a Lot must not in any way alter the exterior appearance of the Lot, nor cause to be

constructed or placed upon any part of the Lot which can be viewed from outside the Lot any materials or items

without the prior written consent of the Committee.

4. Maintenance of Lots

4.1 An owner or occupier of a Lot will:-

(a) be responsible for the proper maintenance and decoration of the Lot;

(b) maintain in good condition and repair any Improvements constructed or installed on the Lot (including where necessary, renewal or replacement of the whole or part thereof) and, where appropriate, will not use buiding materials and external finishes other than of the same colour and type as those comprised in such Improvements without the proir written consent of the Committee;

(c) maintain the interior of the Lot in a clean condition and take all practical steps to prevent infestation by vermin or insects;

(d) maintain in good condition and repair and keep clean any part of the Common Property which the owner has the exclusive use of.

4.2 The Committee may give written notice to an owner or occupier of a Lot requiring that:-

(a) the Improvements be put in a state of good condition and repair (including where necessary, rewnewal or replacement of the whole or part thereof); and

(b) the obligations under by-law 4.1 be complied with, and if such notice has not been complied with to the

reasonable satisfaction of the Committee within 14 days of the date of that notice, the Committee may, in

its absolute discretion, cause the Improvements to be put in such a state or the obligations under by-law

4.1 to be carried out in accordance with the notice and the owner or occupier (as the case may be) will

forthwith pay the costs incurred or payable by the Body Corporate in that regard on demand. The amount

of any such debt shall be deemed to be a liquidated debt due by the Owner to the Body Corporate

4.3 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 carry out works under this by-law.

4.4 For the purposes of this by-law ‘Improvements’ includes walls, windows, garage roller doors, doors, fly screens, gates, walkways, paths, driveways, yard, lawn, landscaping, garden, plants and irrigation, and drainage facilities located within the Lot.

5. Appearance of Lots

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5.1 Subject to by-law 5.2 and by-law 36, an owner or occupier of a Lot must not hang washing, towels, bedding,

clothing or other articles (except on clothes lines in designated areas provided by the Body Corporate (if any)) or

display any sign, advertisement, placard, banner, pamphlet or like matter on the Common Property or on any part

of a Lot in such a way as to be visible from outside the Lot without the prior written consent of the Committee.

5.2 Despite by-law 5.1, the Caretaker is permitted to display reasonable signs or notices on the Scheme Land offering for sale or lease any Lot but such signs or notices must not detract from the overall appearance of the Scheme.

6. Water Apparatus

6.1 An owner or occupier of a Lot will see that all water taps in the Lot are properly turned off after use.

6.2 The water closets, conveniences and other water apparatus including water pipes and drains in each Lot mustnot be used for any purpose other than those for which they were constructed and no sweepings or rubbish andother unsuitable substances shall be deposited therein.

6.3 Any costs or expenses resulting from damage or blockage to such water closets, conveniences, water apparatus,

waste pipes and drains from misuse or negligence will be borne by such owner or occupier whether the same is

caused by his own acts or those of members of the owners or occupiers household or the owners or occupiers

servants, agents or guests.

7. Lighting and Heating of Lots

7.1 The owner or occupier of a Lot must not use any chemicals, burning fluids, acetylene gas or alcohol in lighting or

heating in a Lot nor in any other way cause or increase a risk of fire or explosion in a Lot.

8. Storage of Flammable Liquids, etc

8.1 An owner or occupier of a Lot must not, except with the prior written consent of the Body Corporate, use or storeupon a Lot or Common Property any flammable chemical, liquid, gas or other flammable material, other thanchemicals, liquids, gases or other material used or intended to be used for domestic purposes, or any suchchemical, liquid, gas or other material in a fuel tank of a motor vehicle or internal combustion engine.

9. Windows

9.1 The windows of each Lot must be kept clean and promptly replaced with fresh glass of the same kind colour andweight as at present if broken or cracked.

10. Window Covers

10.1 No window will be covered with aluminium foil or similar reflective material or tinted and no shutters, awnings orother window cover shall be affixed externally to any building or visible from the exterior of the building. Thisby-law will not prevent security screens being installed over windows but only after the written consent of theCommittee as to the type, quality, colour and style of security screen has been obtained. Such consent may bewithheld in the absolute discretion of the Committee.

10.2 An owner must not hang curtains visible from outside the Lot unless those curtains have a white backing, or unless

such colour and design have been approved by the Committee. An owner must not install, renovate or replace a

curtain backing or window treatment without having the colour and design of same approved by the Committee.

In giving such approvals, the Committee must ensure, so far as practicable, that curtain backing and window

treatment used in all Lots have colours that are sympathetic to the tones of the improvements on the Scheme

Land and present an aesthetic appearance when viewed from common property or any other lot.

11. Pets

11.1 Subject to the Act an Occupier of a lot must not:-

(a) bring an animal onto, or keep an animal on, the lot or the Common Property; or

(b) permit an invitee to bring an animal onto or keep an animal on, the lot or the Common Property.

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12. No Variation to Appearance

12.1 Subject to by-law 38, an owner or occupier of a Lot must not do anything to vary the external appearance of theLot or vary the Common Property without the prior written consent of the Committee.

13. Antennae

13.1 No television, radio or other electronic antenna or device of any type may be erected, constructed or placed or

permitted to remain on any Lot or Common Property unless the same is contained within a Lot and is not visible

from outside the Lot.

14. Security of Lots

14.1 All doors and windows to any Lot shall be securely fastened on all occasions when the Lot is left unoccupied andthe Committee reserves the right to enter and fasten the same if left insecurely fastened.

15. Insurance

15.1 An owner or occupier of a Lot must not bring to, do or keep anything on his Lot which may increase the rate of fireinsurance on a Lot or any other part of the Scheme Land or which may conflict with the laws and/or regulationsrelating to fires or any insurance policy for such Lot or Scheme Land or the regulations or ordinances of any publicauthority for the time being in force.

16. Nuisance

16.1 No noxious or offensive trade or activity may be carried on upon the Scheme Land or in any Lot nor may anythingbe done thereon which may be, or may become an annoyance or nuisance to the neighbourhood or which maybe likely to interfere with the peaceful enjoyment of the owners and occupiers of other Lots or any other personlawfully using the Common Property. In particular and without limiting the generality of the foregoing:-

(a) No loud noises, noxious odours, exterior speakers, horns, whistles, bells or other sound devices (other than security or warning devices used exclusively for such purposes) noisy or smoking vehicles, large power equipment or large power tools, unlicensed off-road motor vehicles or items which may unreasonably interfere with television or radio reception of any residence may be located used or placed on any portion of the Scheme Land or exposed to the view of other owners or occupiers without the prior written consent of the Body Corporate;

(b) All musical instruments, wirelesses, radios, television sets, stereos and the like shall be controlled so that the sound arising therefrom is reasonable and will not cause annoyance to other owners and occupiers of Lots on the Scheme Land;

(c) Guests leaving after 11.00 pm must be requested by their hosts to leave quietly and quietness must also be observed when owners and occupiers return to their Lots late at night or in the early morning hours;

(d) In the event of any unavoidable noise in a Lot at any time the occupier or owner thereof will take all practical means to minimise annoyance to other residents by closing all doors, windows and curtains of their Lot and also such further steps as may be within their power for the same purpose.

17. Obstruction

17.1 An owner or occupier of a Lot must not obstruct the lawful use of the Common Property by any person. Subjectonly to by-law 23, the pathways and driveways on the Common Property and any easement giving access to theCommon Property must not be obstructed by any such owner or occupier or used by them for any other purposethan the reasonable ingress and egress to and from their Lot.

18. Depositing Rubbish on Common Property

18.1 An owner must not:-

(a) deposit or throw upon the Common Property or the exterior of a Lot any rubbish, dirt, dust or other material

likely to interfere with the peaceful use and enjoyment of another owner or occupier or of any person

lawfully using the Common Property;

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(b) 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 any window, door, skylight or balcony (if any) of a Lot.

18.2 Any damage or costs for cleaning or repair caused by breach of this by-law will be borne by the owner or occupier concerned.

19. Garbage Disposal

19.1 An owner or occupier of a Lot must:-

(a) except where the Body Corporate provides some other means of disposal of garbage, maintain within the owners or accupiers Lot, or on such part of the Scheme Land as may be authorised by the Body Corporate, in a clean and dry condition and adequately covered, a receptacle for garbage;

(b) comply with all local authority by-laws and ordinances relating to the disposal of garbage;

(c) ensure that the health, hygiene and comfort of the owner or occupier of any other Lot is not adversely affected by his disposal of garbage;

(d) ensure that garbage is regularly left for collection at a time and place directed by the Caretaker from time to time;

(e) ensure that garbage bins left out for garbage collection are removed from Common Property and returned to relevant Lots as soon as practical after garbage collection.

20. Damage to Lawns, etc. on the Scheme Land

20.1 An owner or occupier of a Lot must not:-

(a) damage any lawn, garden, tree, shrub, plant or flower being part of or situated upon the Scheme Land; or

(b) except with the prior written consent of the Body Corporate, use any part of Common Property as a garden.

21. Damage to the Common Property or Lot

21.1 An owner or occupier of a Lot must 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 or any Common Property asset except with the

consent in writing of the Body Corporate.

22. Committee to be Notified of Accidents etc.

22.1 An owner or occupier of a Lot must give to the Committee prompt notice of any accident to or defect in any waterpipes, gas pipes, electric installations or fixtures which comes to his knowledge and the Committee will haveauthority by its servants or agents in the circumstances having regard to the urgency involved to examine or makesuch repairs or renovations as they may deem necessary for the safety and preservation of any Lot or anybuildings on the Scheme Land as often as may be necessary.

23. Visitors' Car Parking

23.1 The Committee may in its absolute discretion by written notice from time to time to the owners, mortgagees andoccupiers of Lots within the Scheme Land nominate which car parking spaces situated on Common Property maybe used by the invitees of occupiers of Lots.

23.2 An occupier of a Lot must use his best endeavours to ensure that any invitees do not park or stand any MotorVehicle upon the Scheme Land except within a car parking space which the Committee has nominated under thisby-law but such invitee's Motor Vehicle must not be permitted to park overnight on the Scheme Land without theprior written consent of the Committee.

24. Use of Caravans etc and Heavy Vehicles

24.1 A owner or occupier of a Lot must not:-

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(a) permit any caravan, campervan, mobile home, Boat or trailer upon the Common Property or upon a Lot unless it is housed in a garage and is not visible from any part of the Common Property;

(b) permit any occupation of a caravan, campervan or mobile home upon a Lot;

(c) drive or permit to be driven any Heavy Vehicle into or over the Common Property other than such Heavy Vehicles necessary to complete the construction of Improvements on the Scheme Land, and any Heavy Vehicles entitled to come on the Common Property by any statute and/or local authority ordinances.

24.2 For the purposes of this by-law ‘Improvements’ includes Lots, buildings, swimming pools, outdoor recreation areas, entertainment areas, walkways, paths, driveways, landscaping, irrigation, drainage facilities and any other structures or improvements.

25. Inspection of Lots

25.1 Upon one day's notice in writing the Committee and its servants, agents and contractors will be permitted toinspect any Lot and to test any electrical, gas or water installation or equipment thereon and to trace and repairany leakage or defect in the said installations or equipment (at the expense of the owner or occupier of the Lotconcerned).

25.2 If not so permitted the Committee may effect an entry without liability for any damage occasioned to the Lot orany structure thereon in effecting the entry.

25.3 The Committee, in exercising this power, will ensure that its servants, agents and employees cause as littleinconvenience to such owner or occupier as is reasonable in the circumstances.

26. Observance of these By-Laws

26.1 The duties and obligations imposed by these By-laws on an owner or occupier of a Lot must be observed not onlyby such owner or occupier but by the tenants, guests, servants, employees, agents, children, invitees andlicensees of such owner or occupier. An owner or occupier of a Lot must take all reasonable steps to ensure thathis invitees do not behave in a manner likely to interfere with the peaceful enjoyment of the owner or occupier ofanother Lot or of any person lawfully using the Common Property.

27. Repairs by the Body Corporate

27.1 Where the Body Corporate expends money to make good the damage caused by a breach of the Act or of these

By-laws by an owner or occupier of a Lot or the tenants, guests, servants, employees, agents or children, invitees

or licensees of such owner or occupier or of any of them, the Committee will be entitled to recover the amount so

expended as a debt in an action in any court of competent jurisdiction from the owner of the Lot at the time when

the breach occurred. The amount of any such debt shall be deemed to be a liquidated debt due by the Owner to

the Body Corporate

28. Contractors

28.1 An owner or occupier of a Lot must not directly instruct any contractors or workmen employed by the Committeeunless so authorised, and all requests for consideration of any particular matter to be referred to the Committeeshall be directed to the Committee's Representative, who shall in turn refer the same to the Committee fordetermination.

29. Notification of Infectious Diseases

29.1 In the event of any infectious disease which may require notification by virtue of any statute, regulation orordinance affecting any person upon any Lot the owner or occupier of such Lot must give, or cause to be given,notice thereof and any other information which may be required relative thereto to the Committee and shall payto the Committee the expenses of disinfecting the Lot where necessary and replacing any articles or things thedestruction of which may be rendered necessary by such disease.

30. Notices to be Observed

30.1 An owner or occupier of a Lot must observe the terms of any notice displayed on any part of the Common Propertyby authority of the Committee or of any statutory authority.

31. Rules Relating to Common Property

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31.1 The Committee may make rules relating to the Common Property and in particular in relation to the use of any improvements on the Common Property including Recreation Areas and other facilities, not inconsistent with these By-laws and the same must be observed by the owners or occupiers of Lots unless and until they are disallowed or revoked by a majority resolution at a general meeting of the Body Corporate.

32. Construction/Sale of Lots

32.1 Whilst the Original Owner (and any person to whom the Original Owner assigns its rights under this by-law)

remains an owner of any Lot in the Scheme Land it and its contractors, agents and those authorised by it, will be

entitled:-

(a) to place such signs and other advertising and display material in and about a Lot and above the Common Property which signs will in all respects be attractive and tasteful having regard to the visual and acoustic privacy of other Lots and the general aesthetics and amenity of the Scheme Land, and will not at any time, and from time to time be more, in terms of number and size, than is reasonably necessary;

(b) together with persons authorised by it, to pass over the Common Property (with or without vehicles and equipment) to gain access to and egress from any part of the Scheme Land;

(c) to carry out any building (including construction) of any improvements, or any other things done on the Scheme Land and no objection will be made to the noice, nuisance or other inconvenience which might arise from that; and

(d) to use the Common Properly or other lots, in the Scheme to:-

(i) give access to and egress from any part of the Scheme Land with or without vehicles and equipment (or either of them); and

(ii) store building materials, vehicles, equipment or fill on the Scheme Land.

32.2 In exercising its rights under this by-law, the Original Owner will use reasonable endeavours to prevent undue interference with the enjoyment, by lot owners, of their lots and the Common Property.

32.3 While any construction or building operations are occurring on the Scheme Land, Lot owners, occupiers and invitees to the Scheme Land must comply with the reasonable direction of the Original Owner (and persons authorised by it). In particular, they must comply with any altered traffic (vehicle and pedestrian) flow directions.

33. Sale of Lots

33.1 Whilst the Original Owner remains an owner of any Lot in the Scheme Land it and its respective servants and/or

agents will be entitled:-

(a) to place such signs and other advertising and display material in and about a Lot and Common Property

which signs will in all respects be attractive and tasteful having regard to the visual and acoustic privacy

of other Lots and the general aesthetics and amenity of the Scheme Land, and will not at any time, and

from time to time be more, in terms of number and size, than is reasonably necessary; and

(b) together with persons authorised by it, to pass over the Common Property to gain access to and egress

from any Lot.

34. No Objection

34.1 The Original Owner is permitted to use and damage the Common Property for the purpose of developing theScheme Land. If any damage is caused to the Common Property or anything on the Common Property, theOriginal Owner will make good the damage at its expense.

35. By-Laws to be Exhibited

35.1 A copy of these By-laws (or a precis thereof approved by the Committee) must be exhibited in a prominent placein any Lot made available for letting.

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36. Speed Limits

36.1 An owner or occupier of a Lot must not exceed the speed limit of 10kms per hour or such other speed nominatedby the Committee from time to time and agreed to by the Caretaker (‘the Speed Limit’) while driving any MotorVehicle or Heavy Vehicle on the Common Property and must use its best endeavours to ensure that any inviteesdo not exceed the Speed Limit.

37. Recovery of Monies

37.1 If a person breaches the Act or these by-taws and the Body Corporate spends money to rectify any damagecaused by the breach, then the Body Corporate will be entitled to recover the amount spent as a liquidated debtfrom the Occupier of the relevant lot at the time the breach occurred.

38. Recovery of Costs

38.1 An Owner must pay on demand the whole of the Body Corporate's costs and expenses (including solicitor andown client costs plus any GST in respect of the costs and expenses) in connection with:-

(a) recovering levies or monies payable to the Body Corporate pursuant to the Act or these by-laws duly levied upon the Owner by the Body Corporate, or otherwise pursuant to these by-laws;

(b) all legal or other proceedings concluded by way of settlement or Court determination in favour of the Body Corporate taken by or against the Owner or Occupier of a lot.

38.2 The amount of any such costs shall be deemed to be a liquidated debt due by the Owner to the Body Corporate

38.3 If the Owner fails to pay any such costs upon demand, the Body Corporate:-

(a) may take action for the recovery of those costs in a Court of competent jurisdiction, and/or

(b) enter such costs and expenses against the levy account of the Owner.

38.4 In this by-law, references to an Owner shall be deemed to include a reference to a mortgagee in possession of any Owner's lot.

38.5 The Body Corporate may include any costs payable to it under this by-law on any certificate issued in respect of the lot under the Act, including but not limited to a notation of unpaid insurance premiums, telephone charges and excess water charges.

39. Structural Alterations to the Interior of Lots

39.1 The manner and style of any structural fit out or structural alteration to the interior of any Lot must have the prior

written approval of the Committee. Such approval may be granted with or without reasonable conditions. The

Committee will be entitled to request copies of such plans and specifications as it might consider necessary to

enable it to grant its approval and the owner of a Lot shall comply with all such requests. Where kitchen facilities

are to be installed an extraction system approved by the Committee and relevant statutory authorities must be

installed. All reasonable costs of the Body Corporate in considering any fit outs or alterations under this by-law

will be payable by the relevant owner on demand.

40. Alterations to the Exterior of Lots and Further Development

40.1 Before any owner or occupier (including the Body Corporate) causes any Development to occur on Scheme Landthe relevant party must seek the written consent of BG Developments (QLD) Pty Ltd (‘the Developer’) or any entity(excluding purchasers of separate allotments) which acquires the interest of the Seller in the remaining part of thedevelopment of which the Scheme Land forms part.

40.2 The Developer may withhold consent to such development absolutely in its sole discretion, or grant it on conditionsthat it deems fit.

41. Auction Sales

41.1 An owner of a Lot must not permit any auction sale to be conducted or to take place in a Lot or in the dwelling or

upon the Scheme Land without the prior approval in writing of the Committee.

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42. Access by Electricity Authority

42.1 If a lot contains an electricity meter and/or switchboard, an owner or occupier of that lot must make such meterand/or switchboard available for access at all times by all other owners and occupiers of lots in the Scheme Landand by the relevant body administering the supply of electricity to lots in the Scheme Land.

43. Exclusive Use Space

43.1 The owners of Lots are entitled to the exclusive use of the Common Property nominated by the Original Owner tothe Body Corporate from time to time (‘Exclusive Use Space’) which nominations (at the date of this CommunityManagement Statement) are identified in Schedule E.

43.2 The Body Corporate must maintain and keep the Exclusive Use Space neat and tidy and keep all plants or grassproperly tendered and watered and continue to perform its duties under the Act in respect of such Exclusive UseSpace.

43.3 This grant of exclusive use and enjoyment is made subject to the Owner allowing the Body Corporate, theCommittee and its properly appointed agents access at all reasonable times to the Exclusive Use Space for anyproper purpose.

43.4 An owner or occupier of a Lot must not park any Motor Vehicle upon the Common Property unless the exclusiveuse of that part of the Common Property has been allocated or licenced to the owner or occupier respectively ofthe Lot for that purpose.

43.5 An owner or occupier must not fence or otherwise obstruct access to any Exclusive Use Space.

44. Air conditioners

44.1 An owner must not install an air conditioner in a Lot or on Common Property without the approval in writing of theCommittee and any air conditioner installed pursuant to this by-law must be on a roof of a building and must notbe visible from another lot, common property or other land surrounding the Scheme Land.

44.2 The Committee must not unreasonably withhold consent to approval under by-law 50.1 if the air conditioner doesnot detract from the overall amenity and appearnce of the Scheme and also meets the following criteria:-

45.3 The owner of each air conditioner will be responsible for the maintenance and operation of the air conditioner

installed under this by-law or already installed for the benefit of the lot.

SCHEDULE D OTHER DETAILS REQUIRED/PERMITTED TO BE INCLUDED

Not applicable.

SCHEDULE E DESCRIPTION OF LOTS ALLOCATED EXCLUSIVE USE AREAS OF COMMON PROPERTY

Lot on Plan Allocated Exclusive Use Areas on Plan

Lot 1 on SP Not Applicable

Lot 2 on SP

Lot 3 on SP

Lot 4 on SP

Lot 5 on SP

Lot 6 on SP

Lot 7 on SP

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Lot 8 on SP

Lot 9 on SP

Lot 10 on SP

Lot 11 on SP

Lot 12 on SP

Lot 13 on SP

Lot 14 on SP

Lot 15 on SP

Lot 16 on SP

Lot 17 on SP

Lot 18 on SP

Lot 19 on SP

Lot 20 on SP

Lot 21 on SP

Lot 22 on SP

Lot 23 on SP

Lot 24 on SP

Lot 25 on SP

Lot 26 on SP

Lot 27 on SP

Lot 28 on SP

Lot 29 on SP

Lot 30 on SP

Lot 31 on SP

Lot 32 on SP

Lot 33 on SP

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