EGM – 02February2024

NOTICE OF AN EXTRAORDINARY GENERAL MEETING
THE OWNERS STRATA PLAN NO. 3840
51-53 THE CRESCENT MANLY

YOUR GENERAL MEETING WILL BE HELD WHOLLY BY MEANS OF PRE-MEETING ELECTRONIC VOTING.
VOTING WILL CLOSE ON Thursday, 1 February 2024 AT 10:00 AM.
(The meeting time for collation of voting is Friday, 02 February at 10:00 AM)

DATE, PLACE & TIME OF MEETING:

An Extraordinary General Meeting of The Owners Strata Plan No. 3840 will be held wholly by pre-meeting electronic voting. The meeting will commence on Friday, 02 February 2024 at 10:00 AM.

The Agenda for the meeting is:

CHAIRPERSON FOR THE MEETING:

That the meeting note the Strata Managing Agent will act as chairperson under delegation (proxies and voting will be collated by the Strata Managing Agent.

SECRETARY FOR THE MEETING:

That the meeting note the Strata Managing Agent will act as secretary under delegation (the Strata Managing Agent
will provide the minutes following the collation of the proxies and voting received prior to the meeting).

Explanatory Note
The meeting will need a record of this meeting in the form of minutes. The Secretary of the strata would
ordinarily record the minutes of the meeting. However, with the consent of the Secretary, the meeting may
resolve that the Managing Agent record the minutes of the meeting under the existing delegations.

CALLING OF THE ROLL:

Those Present by Voting Paper; Present by Proxy; Those in Attendance; Apologies.

1. MINUTES

Motions
1.1. That the minutes of the last general meeting of the Owners Corporation, held on 20/09/2023, be confirmed as a true record of the proceedings of that meeting.

Explanatory Note
Clause 8 (1) (a) of Schedule 1 to the Act requires that any general meeting of a strata scheme include
a form of a motion to confirm the minutes of the last general meeting.

2. APPROVAL FOR LIFT MODERNISATION PROJECT

Motion
2.1. The SP3840 Owners Corporation approves the expenditure for the modernisation of the existing lift system at a cost of $179,175.00 (excluding GST) as quoted by Hamilton Elevators NSW (HENSW). This project aims to enhance the safety, functionality, and reliability of the lift, which is beyond its expected lifecycle and facing parts scarcity.

Explanatory Note
The lift system, installed in the 1970s, has reached the end of its expected 30-year lifecycle. Despite undergoing major works over the past two years, it has been increasingly failing, with replacement parts becoming scarce and difficult to source. A modernization of the lift system is proposed to extend the lifecycle of major components by an additional 25 years and ensure the availability of spare parts.

ADDITIONAL NOTES

Your Strata Manager: The name of your Strata Manager is Brett Rayner, Lamb & Walters, Manly.

Format of this Notice

The nature of the agenda of an Extraordinary General Meeting is partly prescribed by the Strata Schemes Management Act 2015 (“the Act”). Under the Act [Clause 4 of Schedule 1], motions that do not relate to the business set out in this notice of meeting are deemed to be out of order. Some items on the agenda are required to be accompanied by certain details of the provisions in the Act . Some of the information has to be expressed exactly as it is contained in the Act. Explanatory notes of not more than 300 words in length are to accompany any requisitioned motion.

Definitions

Act – Strata Schemes Management Act 2015.
Regulations – Strata Schemes Management Regulations 2016 .

Attending the Meeting or Nominating a Proxy

If you cannot attend the meeting and you wish to cast a vote, please complete the proxy form return before the commencement of the meeting.

A proxy given to a building manager, on-site residential manager or Strata Managing Agent is invalid if it would obtain or assist in obtaining a pecuniary interest for, or confer or assist in conferring any other material benefit on, the proxy.

Please note that since August 2008, the legislation introduced restrictions on the use of proxies and voting by developers (the original owner). These restrictions include the following:

• An original owner cannot vote by proxy or power of attorney on any matter if that proxy or power of attorney was given to it under a contract for the sale of a lot or under an associated contract or arrangement. Accordingly, any provision in a contract for the sale of a lot or associated contract or arrangement that requires the lot owner to give the developer a proxy or power of attorney will be ineffective since that proxy or power of attorney cannot be used;
• Additionally, any contract to that effect or a term of contract of that kind is unenforceable; and,
• The original owner or lessor of a leasehold strata scheme is not entitled to vote, or exercise a proxy vote, on a matter
• concerning building defects in, or the rectification of building defects in, building work.

In 2015, changes to the strata legislation placed a limit on the number of proxy votes that can be held by any one person. For schemes that comprise more than 20 lots, any person is limited to a number that is equal to not more than 5% of the total number of lots. If the scheme has 20 lots or less, any person is limited to holding 1 proxy only. The new proxy form allows you to nominate an alternate (2nd) person as your proxy. Unfortunately, any proxies granted on the proxy form under the prior legislation in place prior to 30th November 2016 are no longer valid.

Please do not hesitate to contact your manager to ensure your proxy is able to be used at this meeting.

Types of Resolution and Voting at the Meeting

For voting purposes:

• an ordinary resolution is passed if a majority of the votes cast are in favour of it;
• a unanimous resolution is passed if no vote is cast against it.

You can exercise your voting rights at the meeting in person or by proxy. If you are a corporation your voting rights can only be exercised in person by your company nominee registered on the Strata Roll or by the company’s proxy after registration of the company nominee.

You, your company nominee or any person having authority to vote in respect of you cannot vote on a motion for an ordinary or special resolution unless the following amounts have been paid before the meeting:

• all contributions levied by the Owners Corporation that are payable at the date of this notice; and
• any other money that is recoverable by the Owners Corporation from you at the date of this notice.

If you are an Owner, your vote does not count if a vote is cast on the same motion by:

• the mortgagee shown on the strata roll for your lot;
• the covenant chargee shown on the strata roll for your lot; or
• in the case of multiple mortgagees or covenant chargees – the priority mortgagee or chargee shown on the strata roll for your lot and if you have received at least two days notice from the mortgagees or covenant chargees of their intention to exercise their priority vote.

Votes of the original owner(s)

If at the time of this meeting, the original is the Owner of at least one-half of the total number of lots, their vote is reduced to one third. This voting entitlement applies to any motion put before the meeting.

Specifically, in relation to the counting of votes where a special resolution required, or where a poll is demanded, if the sum of the original owner(s) unit entitlement is at least one-half of the total unit entitlement, the value of their vote is reduced to one-third.

A vote at this meeting by the owner of a lot does not count if a priority vote in respect of the lot is cast in relation to the same matter.

Quorum

Clause 8, Schedule 1 to the Act requires that the provisions determining a quorum must be included in the notice.

Clause 17, Schedule 1 to the Act specifies the quorum provisions in the following terms:

(1) Quorum required for motion or election

A motion submitted at a general meeting of an Owners Corporation must not be considered, and an election must not be held, unless there is a quorum present to consider and vote on the motion or on the election.

(2) When a quorum exists

A quorum is present at a meeting only in the following circumstances:

(a) if not less than one-quarter of the number of persons entitled to vote on the motion or election are present either personally or by duly appointed proxy,

(b) if not less than one-quarter of the aggregate unit entitlement of the strata scheme is represented by the persons who are present either personally or by duly appointed proxy and who are entitled to vote on the motion or at the election,

(c) if there are 2 persons who are present either personally or by duly appointed proxy and who are entitled to vote on the motion or election, in a case where there is more than one owner in the strata scheme and the quorum otherwise calculated under this subclause would be less than 2 persons.

(3) A person who has voted, or intends to vote, on a motion or at an election at a meeting by a permitted means other than a vote in person is taken to be present for the purposes of determining whether there is a quorum.

(4) Procedure if no quorum

If no quorum is present within the next half-hour after the relevant motion or business arises for consideration at the meeting, the chairperson may:

(a) adjourn the meeting for 7 days, or

(b) declare that the persons present either personally or by duly appointed proxy and who are entitled to vote on the motion or election constitute a quorum for considering that motion or business and any subsequent motion or business at the meeting.

(5) Quorum for adjourned meeting

If a quorum is not present within the next half-hour after the time fixed for the adjourned meeting, the persons who are present either personally or by duly appointed proxy and who are entitled to vote on the motion or election constitute a quorum for considering that motion or business and any subsequent motion or business at the meeting.