Property Information 1109/37 Symonds Street, CBD
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Property Information 1109/37 Symonds Street, CBD Document included: 1. Flyers 2. Certificate of Title 3. Pre Contract Disclosure Statement 4. Body Corp Information 5. Auction Agreement Statement of passing over information - This information has been supplied by the vendor or the Vendor's agents. Accordingly City Realty Limited Licensed (REAA2008) is merely passing over the information as supplied to us by the vendor or the vendor's agents. We cannot guarantee its accuracy and reliability as we have not checked, audited, or reviewed the information and all intending purchasers are advised to conduct their own due diligence investigation into the same. To the maximum extent permitted by law City Realty Limited Licensed (REA2008) does not accept any responsibility to any person for the accuracy of the information herein.
1 2 3 Auction 1109/37 Symonds Street, Auckland Central 2 A1F Forte Apartments are a fantastic purpose built Auction Howard Sidnam development on a strategic corner site in the heart of the 12:30pm, Thursday 12 August 021 973 389 Auckland student sector. Everything is at your disposal. In rooms 2 Lorne Street (Unless howard.sidnam@raywhite.com It's the perfect investment or first home buyer choice. Sold Prior) George Erdos There are great open aspects, natural light and a handy View 021 959 331 sized covered deck. The high floor and central location Saturday 12:00-12:30pm george.erdos@raywhite.com make this apartment a great entry level investment into the Auckland market. Sharon Lee 李敏儀 Offered with vacant possession, move in next week. 027 443 1368 rwparnell.co.nz/PNL22296 sharon.l@raywhite.com City Realty Limited Licensed (REAA 2008)
1109/37 Symonds Street, Auckland Central Legal Description Unit 1109 Deposited Plan 356438 Record Of Title 230117 - Stratum in Freehold Rateable Value $460,000 (2017) Rates $1,497.74 per annum Building Area 46 sqm (more or less) Bedrooms Two Bathrooms One Body Corp Levy $5,318.57 (1 April 2021 - 31 March 2022) 1 2 3 4 A full information pack is available upon request. Contents of this information sheet do not form part of the contract for sale and purchase. While care has been taken in preparation of this information, no responsibility is accepted for the accuracy of the whole or any part and interested parties should make their own enquiries to satisfy themselves in every respect. rwparnell.co.nz/PNL22296 City Realty Limited Licensed (REAA 2008)
RECORD OF TITLE UNDER LAND TRANSFER ACT 2017 UNIT TITLE Search Copy Identifier 230117 Land Registration District North Auckland Date Issued 03 November 2005 Prior References Supplementary Record Sheet NA64C/603 254934 Estate Stratum in Freehold Legal Description Unit 1109 Deposited Plan 356438 Registered Owners Yau Kuan Hee and Xuan-Nga Tu The above estates are subject to the reservations, restrictions, encumbrances, liens and interests noted below and on the relevant unit plan and supplementary record sheet Transaction ID 64561197 Search Copy Dated 04/05/21 12:45 pm, Page 1 of 22 Client Reference rhughes003 Register Only
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Identifier 230117 SUPPLEMENTARY RECORD SHEET UNDER UNIT TITLES ACT 1972 Search Copy Identifier 254934 Land Registration District North Auckland Date Issued 03 November 2005 Plan Number DP 356438 Subdivision of Lot 2 Deposited Plan 114029 Prior References NA64C/603 Unit Titles Issued 230014 230015 230016 230017 230018 230019 230020 230021 230022 230023 230024 230025 230026 230027 230028 230029 230030 230031 230032 230033 230034 230035 230036 230037 230038 230039 230040 230041 230042 230043 230044 230045 230046 230047 230048 230049 230050 230051 230052 230053 230054 230055 230056 230057 230058 230059 230060 230061 230062 230063 230064 230065 230066 230067 230068 230069 230070 230071 230072 230073 230074 230075 230076 230077 230078 230079 230080 230081 230082 230083 230084 230085 230086 230087 230088 230089 230090 230091 230092 230093 230094 230095 230096 230097 230098 230099 230100 230101 230102 230103 230104 230105 230106 230107 230108 230109 230110 230111 230112 230113 230114 230115 230116 230117 230118 230119 230120 230121 230122 230123 230124 230125 230126 230127 230128 230129 230130 230131 230132 230133 230134 230135 230136 230137 Transaction ID 64561197 Search Copy Dated 04/05/21 12:45 pm, Page 21 of 22 Client Reference rhughes003 Register Only
Identifier 230117 Unit Titles Issued 230138 230139 230140 230141 230142 230143 230144 230145 230146 230147 230148 230149 230150 230151 230152 Interests OWNERSHIP OF COMMON PROPERTY Pursuant to Section 47 Unit Titles Act 2010 - (a) the body corporate owns the common property and (b) the owners of all the units are beneficially entitled to the common property as tenants in common in shares proportional to the ownership interest (or proposed ownership interest) in respect of their respective units. The above memorial has been added to Supplementary Record Sheets issued under the Unit Titles Act 1972 to give effect to Section 47 of the Unit Titles Act 2010. Subject to a drainage right over part created by Transfer B731177.4 - 21.9.1987 at 9.29 am Appurtenant hereto is a right to light and air created by Transfer 6050799.2 - 22.6.2004 at 9:00 am Appurtenant hereto is a right to use crane in airspace above land buildings and other improvements and right to erect protection structure in airspace created by Easement Instrument 6050799.3 - 22.6.2004 at 9:00 am 6122960.1 Variation of the conditions of the easement created by Easement Instrument 6050799.3 - 23.8.2004 at 9:00 am Subject to a right to use a weathervane and crane in airspace above land buildings and other improvements and a right to erect protection structure in airspace created by Easement Instrument 6125589.1 - 25.8.2004 at 9:00 am Appurtenant hereto is a right to light and air easement created by Easement Instrument 6140417.1 - 7.9.2004 at 9:00 am 6633015.2 Consent Notice pursuant to Section 221 Resource Management Act 1991 - 3.11.2005 at 9:00 am Appurtenant hereto is a right to convey gas easement created by Easement Instrument 6633015.3 - 3.11.2005 at 9:00 am 6657704.1 Change of rules of the Body Corporate - 22.11.2005 at 9:00 am 9561531.1 Notice of change of body corporate operational rules pursuant to Section 106 Unit Titles Act 2010 - 4.11.2013 at 12:27 pm Transaction ID 64561197 Search Copy Dated 04/05/21 12:45 pm, Page 22 of 22 Client Reference rhughes003 Register Only
Pre Contract Disclosure Statement 7
PRE-CONTRACT DISCLOSURE STATEMENT Section 146 Unit Titles Act 2010 UNIT PLAN: 356438 BODY CORPORATE NUMBER: 356438 UNIT NUMBER: 1109 Pre-contract disclosure statement 1. The pre-contract disclosure statement is provided to prospective buyers of the property in accordance with section 146(1) of the Unit Titles Act 2010 ("the Act"). General Information 2. Unit Title Property Ownership A unit title (sometimes called a strata title) is a special form of ownership governed by the Unit Titles Act 201O and the Unit Titles Regulations 2011. All owners of units within the unit title development become members of the body corporate, which deals with issues in which the properties have a common interest. Unit Plan This is a plan of the unit title development registered with Land Information New Zealand. A copy is attached to the identifier, also called a certificate of title ("Identifier") which is annexed to this statement. Ownership and Utility Interests This sets out this unit's share in the body corporate's operating costs. The current ownership interest for this unit is 962 / 100000. Body Corporate Operational Rules All owners and occupiers of a unit in the unit title development are bound by the operational rules (copy attach). Pre-Settlement Disclosure The seller or its authorised agent must provide you with a pre-disclosure statement no later than five working days before the settlement date in accordance with section 147 of the Act. Additional Disclosure A buyer may request additional disclosure in accordance with paragraph 9 below and in accordance with section 148 of the Act. Computer Register This is the Identifier which relates to the unit, being 230117 North Auckland Land Registry. Land Information Memorandum This is a report containing information about the property held in the local council's records and obtained from council under the Local Government Official Information and Meetings Amendment (No. 2) Act 1991. Easements and Covenants The Identifier to the unit is subject to the easements and covenants (if any) detailed on the Identifier attached. 3. Further information about the matters set out above can be obtained from the body corporate manager, Land Information New Zealand, local council or your solicitor. 31327923:COMPROP000
Page 2 Information about the unit 4. Toe amount of the contribution levied by the body corporate under section 121 of the Act in respect of the unit is $5,318.57 (to be confirmed at the next AGM). 5. The period covered by the contribution in paragraph 4 is 1st April 2021 to 31•1 March 2022. 6. The body corporate proposes to levy $5,318.57 under section 121 of the Act in the next 12 months (to be confirmed at the next AGM). 7. The body corporate proposes to carry out the following maintenance on the unit title development in the next 12 months: Ongoing Repairs & Maintenance. 8. The body corporate has the following accounts: ASB Cheque Account $40,54 3 ASB Saver - LTMP Fund $385,594 9. Under section 148 of the Act, a buyer may request an additional disclosure statement before the settlement of an agreement for sale and purchase of a unit. The buyer must pay the seller all reasonable costs incurred by the seller in providing the additional disclosure statement. The estimated cost of providing an additional disclosure statement is $750 +gst. 10 . The unit or the common property Is not current, and has never been,the subject of a claim under the Weathertight Homes Resolution Services Act 2006. k-.. . . . . Date: \ ,;- \ 7 \ 2021 SIGNED by �--rtrnA-r-1'6- fl.A ) as seller of Unit 1109 by its ) Owner I Director (s) owner/director 1.�.\f.�M.-:l.. �§n the ) presence of:-� S-Te>°Hf'!1'-' IC:: �AfJ N 4 �) T � LA Witness sign ature Witness full name Witness occupation Wrtness address CHARTA MANAGE E LIMITED Level 8, AIG Building, 41 S ortland Street p O Box 99 397, Newmarke t Auckland 1149 Phone 09 303 4926 Fax 09 303 4571 BODY CORPORATE NUMBER 356438 NORTH AUCKLAND LAND REGIST�Y � �:e:/�iJ���:: ela Street, Auckland for the purposes of Section 146(1) of the Unit Titles Act 201 O (the �ct ure Statement the information In respect of Unit 1109 on Unit Plan 356438 In the foregoing Pre-con rac\ �isclos attached Is correct 31327023 COMPROPOOO
Body Corp Information 2020 AGM 2019 AGM 2018 AGM Body Corp Rules
BODY CORPORATE No: 356438 BODY CORPORATE AT: 37 Symonds Street, Auckland City Annual General Meeting Held at the offices of Charta Management Limited at the Common Room of Forte Apartments, 37 Symonds St, Auckland Central, 1010, on Wednesday 4th November 2020 commencing at 6pm MINUTES 1. Attendance/Proxies: 28 October 2020: A total of 32 owners were represented at the original meeting date. Therefor no quorum was reached and the meeting was adjourned to the same time and place the week following. 4 November 2020: Anton Jacobs Charta Proxies = 10 Andre Conradie Owner 206 Proxies = 2 Maria Cooper Owner 1406 Proxies = 1 Janice Chan Owner 804 Liakat Ismail Owner G01, G02, G03, G04, G05 1307 Geena Han Owner 906 Bevan Ngan Owner 602 Jasmin Singh Proxy from Owner of 901 Postal Votes received (approving all resolutions and option 11A): Owners 104, 301, 304, 602, 605, 1008. Postal Votes received (approving all resolutions and option 11B): Owner 902. Postal Votes received (approving all resolutions and abstaining on resolution 11: Owner 706. Total attendance by proxy, postal vote or in person: 32. Per the Unit Titles Act the owners present at a reconvened AGM constitute a quorum. 2. Appointment of Chairperson The following person have been appropriately nominated as the Chairperson, and have consented to that nomination. Maria Cooper (Owner of Unit 1406) has been nominated and accepted a nomination to stand as Chairperson. Mr. Conradie moved to appoint Maria Cooper as Chairperson and Mr. Ismail seconded the motion. Voting: Unanimous for appointment of Maria Cooper as Chairperson. RESOLUTION 1 – APPOINTMENT OF CHAIRPERSON The Body Corporate resolve, by ordinary resolution that Maria Cooper be elected to the position of Chairperson. CHARTA MANAGEMENT LIMITED
3. Minutes of previous meeting Some discussion followed on the matters arising from the minutes of the previous meeting. Mrs. Cooper moved to accept the minutes and Mr. Conradie seconded the motion. Voting: Unanimous RESOLUTION 2 – AGM MINUTES It is resolved unanimously, by ordinary resolution, that the minutes of the AGM held Wednesday 29th of May 2019 be accepted and approved as a correct record of that AGM. 4. Financial Statements & Audit for the year ended 30 November 2019 The audited Annual Accounts for the year ending 30 November 2019 were presented to the meeting. Mr. Jacobs noted the lateness of the approval of the Financial Statements being one of the main reasons for Mr. Conradie and the Body Corporate Committee recommending the change of the financial year to 31 March each year. This would allow completion of the audit of the financials and convening an AGM in a reasonable timeframe rather than have the delay over December and January. Mr. Jacobs also noted this year being unusual due to the Covid lockdown disruptions contributing to the lateness of this AGM. Mr. Jacobs explained that the practical implications of changing the year end on the levies would be that the next levy approved at this meeting would be for a 4-month period from 1 December 2020 to 31 March 2021. Thereafter the levies would be charged based on a 12-month period from 1 April 2021 to 31 March 2022. Mr. Jacobs noted that the next set of financial statements completed would be for the 12-month period ending 30 November 2020 and then a set of financial statements for the 4-month period ending 31 March 2021 would be prepared. Mr. Conradie asked if financials could be passed to the Auditor by the second week of December to allow for a quick turnaround for the purpose of having the next AGM before 31 March 2021. Mr. Jacobs confirmed that it would be challenging but possible and that he would liaise with the Auditor regarding this. Mr. Jacobs highlighted the change in the expense for General Maintenance in the Financial Statements from $98,470 (November 2018) down to $17,100 (November 2019), being due to the repairs done to the Riser shafts in the 2018 year in accordance with that expense being budgeted and paid for. Mr. Jacobs noted that of the $89,636 of levies outstanding as at 30 November 2019 only $153 remains unpaid at the date of this meeting. CHARTA MANAGEMENT LIMITED
Mr. Jacobs noted that the roller door motor, a couple of the Rinnai water heaters, and the water supply UV light filter was replaced as part of the Long-term maintenance expenditure during the November 2019 financial year. Mr. Conradie raised the matter of charging interest on overdue levies. He noted that the Auditor is of the opinion that the Body Corporate is dictated by the Unit Titles Act in that we have to charge interest on overdue levies and that Charta’s opinion is that the Act allows interest to be charged at up to 10% per annum. Mr. Conradie also noted that the debt recovery process and mechanisms of charging interest and penalties should be written into the Body Corporate Rules to ensure owners are fully informed and the Body Corporate Manager has clear rules to apply in recovering debt. Mr. Ismail asked how the recovery of water rates are administrated. Mr. Jacobs explained that the invoicing and recovery of water usage charges have now been migrated to the Xero accounting system which makes the administration of these charges much easier. Some discussion followed on the method of invoicing, which information is included on the invoices being sent out, how often these invoices are generated and the payment due dates. Mr. Conradie moved to accept the financials and Mr. Ismail seconded the motion. Mr. Conradie noted his support for re-appointing the external Auditor as his fees are reasonable and services appropriate for the Body Corporate. He noted that the Auditor added value to the audit by meeting with him to discuss possible improvements to perceived risks, demonstrating his interest in improving proper governance of the Body Corporate. Mrs. Cooper moved to accept the appointment of the Auditors and Mr. Conradie seconded the motion. Voting Resolution 3: Unanimous Voting Resolution 4: Unanimous RESOLUTION 3 – APPROVAL OF 2019 FINANCIAL STATEMENTS It is unanimously resolved, by ordinary resolution that the November 2019 audited accounts are approved. RESOLUTION 4 – APPOINTMENT OF AUDITORS It is unanimously resolved, by ordinary resolution, that Auckland Chartered Accountants be re- appointed as auditors for the Body Corporate. 5. Body Corporate Levies & Budget The Budget as proposed were discussed in detail. CHARTA MANAGEMENT LIMITED
Mr. Jacobs explained that the Budget for the November 2020 financial year would be accurate due to the delay in the meeting being held. He also noted that a Budget for the 4-months period from 1 December 2020 to 31 March 2021 are presented for approval at this meeting. Mr. Jacobs highlighted the increase in insurance cost due to the increase in the Earthquake levy and Fire Services levy imposed by the Government. Some discussion followed on the challenge in obtaining decent comparative quotes for building insurance due to some claims that occurred over the last few years, particularly around water leaks. Mr. Hitchcock noted that a few years of no claims would enable us to obtain more competitive pricing on the insurance. Mr. Jacobs noted that the Budget for the 4 months has been done on a basis of 4/12 months for the full year forecast for the next year. Mr. Jacobs highlighted the inclusion of an additional $75k in the budget towards the cost of replacement of the lifts in the building. Mr. Conradie noted that this has not been included in the Long-term maintenance plan before. Mr. Hitchcock noted that we may review the replacement of the lifts through the current supplier who is Schindler Lifts. He also noted that all options would be investigated which may include changing the maintenance supplier who could prolong the life of the lifts and improve service levels. Mr. Ismail noted that lift breakdowns may be caused by overloading when residents move in or out. Mr. Hitchcock noted that this may be hard to manage and that owners should contact us immediately if they observe instances of misuse of the lifts or any other matters. Mr. Jacobs noted the Contingency budget item of $20k being available to the allow the Committee to approve unexpected cost items that is not otherwise included in the budget. Mr. Conradie moved to approve the budget for the period from 1/12/2019 to 30/11/2020 and Mr. Ismail seconded the motion. Mrs. Cooper moved to amend the financial year end for the Body Corporate to 31 March each year and Mr. Conradie seconded the motion. Mrs. Cooper moved to approve the budget for the period from 1/12/2020 to 31/03/2021 and Mr. Ismail seconded the motion. Voting: Unanimous on all three resolutions. RESOLUTION 5 – APPROVAL OF BUDGET It is unanimously resolved, by ordinary resolution, that the Annual Budget and levies for the period 1/12/2019 to 30/11/2020 totaling $563,029.04 be approved. CHARTA MANAGEMENT LIMITED
RESOLUTION 6 – AMMENDMENT OF FINANCIAL YEAR END It is unanimously resolved, by special resolution, that the Financial Year End of the Body Corporate be changed from November to March, and that the next Financial Year following 30 November 2020 be 31 March 2021. RESOLUTION 7 – APPROVAL OF BUDGET It is unanimously resolved, by ordinary resolution, that the Annual Budget and levies for the period 1/12/2020 to 31/03/2021 totaling $183,288.80 be approved. 6. Long Term Maintenance Plan (LONG-TERM MAINTENANCE PLAN) Mr. Jacobs noted the position of the Auditor with regards to funding of the Long-term Maintenance Plan is that he believes the LTMP should be funded exactly as per the adopted plan. Mr. Jacobs noted that the Body Corporate’s position has been that funding the plan in its entirety would be incorrect as a large portion of the items noted under the plan formed part of normal ongoing maintenance that is covered under the operating budget and certain actual costs for the items was at much lower levels than estimated in the LTMP. Mr. Conradie noted that the Unit Titles Act also does not require a Body Corporate to fully fund a Long-term Maintenance Plan but only require a Body Corporate to have a Long-term Maintenance Plan. Mr. Jacobs expressed his opinion that the LTMP was a very good plan and that the plan itself is worth keeping. Mr. Conradie noted that we should have the current plan reviewed with a briefing to the planning company to allow for the items included under ongoing maintenance to be excluded from the LTMP. Mrs. Cooper noted that a desktop renewal on the current LTMP be considered by the Body Corporate Committee with detailed instructions regarding items to be included and excluded from a funding perspective. Mr. Hitchcock agreed that he would obtain a quote for this from the planning company and report back to the Body Corporate Committee. Mr. Ismail moved to approve the Long-Term Maintenance Plan and Mrs. Cooper seconded the motion. Voting: Unanimous RESOLUTION 8 – APPROVAL OF LONG-TERM MAINTENANCE PLAN It is unanimously resolved, by ordinary resolution, that the Long-Term Maintenance Plan be approved. 7. Body Corporate Administration The Terms of Delegation and powers of the Committee as included in the notice of meeting were noted. CHARTA MANAGEMENT LIMITED
Mr. Jacobs advised that the Delegation would be effective until the next Annual Meeting. Notice of Delegation Take notice that the Body Corporate Committee of Body Corporate 356438 has authority to perform all of the duties and exercise all of the powers of the Body Corporate as permitted by the Unit Titles Act 2010 for the purposes of operating the Body Corporate. That the Committee is not empowered to do anything that is not a power able to be delegated under the Unit Titles Act 2010 or is required to be carried out by the Chairman. The Body Corporate Committee does not have the power to: Expend funds from the Long Term Maintenance Fund other than what is approved in the Long Term Maintenance Plan Borrow money Commit Body Corporate 356438 to expenditures which are not approved by the Body Corporate in the annual plan and budget and covered by the annual levies. The term of the delegation shall be for the period starting from the end of this Annual General Meeting and ends on the commencement of the next Annual General Meeting. The makeup of the current Body Corporate Committee was discussed. All members of the current committee are available for re-election except for Andre Conradie who is selling his apartment. The current Committee members who have agreed to be available for re-election are Maria Cooper, Barbara McKinney and Liakat Ismail. Following some discussion, Marcia Marshall, owner of unit 605, were nominated to be elected as a new member of the Body Corporate Committee. Mr. Conradie moved to appoint the four owners nominated to serve on the Body Corporate Committee and Mr. Ngan seconded the motion. Mrs. Cooper moved to approve the Notice of Delegation and Mr. Ismail seconded the motion. Voting Resolution 9: Unanimous Voting Resolution 10: Unanimous RESOLUTION 9 – BODY CORPORATE COMMITTEE It is unanimously resolved, by ordinary resolution, that the following owners are re-elected to the Committee: Maria Cooper (Chairperson), Barbara McKinney, Marcia Marshall & Liakat Ismail. CHARTA MANAGEMENT LIMITED
RESOLUTION 10 – BODY CORPORATE COMMITTEE DELEGATION It is resolved by majority vote, by special resolution, that the Body Corporate so delegate to the Body Corporate Committee some of its powers and hereby give such written notice. 8. Building Management Contract and Body Corporate Administration Contract The Building Management and Body Corporate Administration Contract is expiring on 31 March 2021. Mr. Conradie noted that due to the short timeframe to proceed with a tender process it would be difficult to negotiate the terms and appoint a new manager. A lot of discussion followed on this and the alternative proposal to negotiate a new contract with Charta Management Limited. Mr. Hitchcock noted that Charta would continue its duties as Building Manager under the current terms until a new Building management agreement is finalised even if negotiations extend past the 31 March 2021 expiry date. Following some more discussion on the matter, Mr. Conradie moved to approve the resolution and Dr. McKinney seconded the motion that the Body Corporate delegate to the Body Corporate Committee the power to negotiate in good faith and enter into a new Contract with Charta Management Limited as per resolution 11A. Mr. Jacobs noted one postal vote in favour of approving resolution 11B. Voting Resolution 11A: Approved by majority vote with 1 vote against Voting Resolution 11B: Not approved, 1 vote in favour. RESOLUTION 11A - BODY CORPORATE COMMITTEE TO ENTER INTO NEW BUILDING MANAGEMENT AND ADMINISTRATION CONTRACT WITH CHARTA MANAGEMENT LIMITED It is resolved by majority vote, by ordinary resolution, that the Body Corporate so delegate to the Body Corporate Committee the power to negotiate in good faith and enter into a new Contract with Charta Management Limited by 31 March 2021. RESOLUTION 11B - BODY CORPORATE COMMITTEE TO OBTAIN TENDERS AND ENTER INTO NEW BUILDING MANAGEMENT AND ADMINISTRATION CONTRACT WITH THE SUCCESSFUL TENDER APPLICANT The resolution is not approved. 9. CHAIRPERSON HONORARIUM The compensation of the Body Corporate Chairperson and Body Corporate Committee was discussed. Mr. Conradie noted that some of the other apartment buildings he owns property in compensates the Chairperson and Committee members in accordance with the time they spend in CHARTA MANAGEMENT LIMITED
managing the affairs of the Body Corporate and that if the Chairperson is very active, he would earn a reasonable fee. He suggests that it would encourage the Committee members to be more actively involved in the management of Forte if they also consider an appropriate compensation structure. Following some further discussion on the matter Mr. Conradie proposes that a resolution be presented to the Owners at the next AGM for an appropriate remuneration structure. This proposal was briefly discussed by the meeting, with owners expressing their appreciation of the time and effort spent by Mr. Conradie and the rest of the Committee to perform their tasks on the Body Corporate Committee. Me. Singh moved to approve the current resolution to pay an Honorarium of $500 to the Chairperson and Mr. Ngan seconded the motion. Voting Resolution 12: Unanimous with Mr. Conradie abstaining from the vote RESOLUTION 12 – CHAIRPERSON HONORARIUM It is unanimously resolved, by ordinary resolution, to pay an annual Honorarium of $500 to the Chairperson of the Body Corporate. 10. General Business General building issues: Mr. Jacobs raised the matter of access to the common room and basketball court area. Mr. Hitchcock explained that we cannot leave the door to the basketball area unlocked as access can be gained by persons jumping the fence between the basketball area and the property next door. Mrs. Cooper asked if there is a safety requirement to provide access to the basketball area in case of a fire evacuation. Mr. Jacobs confirmed that the evacuation area in case of fire is out onto Mount Street and not out into the basketball court area. Some discussion followed on the various options to be considered to provide access to the basketball court area. Mr. Hitchcock noted he would investigate the possibility to provide electronic tag access as with the other doors in the building and report back to the Body Corporate Committee. Mr. Hitchcock updated the meeting on the progress with the replacement of the washing machine hoses in the building. He explained that some delays in completing the work resulted from Covid CHARTA MANAGEMENT LIMITED
restrictions and parts availability but that the work will be completed on a floor-by-floor basis over the next month or two. Mr. Hitchcock noted that the replacement of the carpets has been delayed by stock availability at the supplier but would be completed as soon as it becomes available again. Mr. Hitchcock noted that the theatre room has been rented on a month by month basis to an apartment trader who uses it for storage. Mr. Ismail asked if the couches and chairs that was kept in the theatre room was still there. Mr. Hitchcock noted that some of those were some kept in the manager’s office and that some are now in the common room. Mr. Hitchcock noted that we are also reaching out to an external lift maintenance company regarding the future replacement / maintenance of the lifts. Mr. Hitchcock noted that owners that need to replace the shower boxes in the apartments can contact Charta for the details of a contractor who they have used to replace these for a reasonable price. Mr. Jacobs noted that we have had a few issues with residents leaving general rubbish inside the stairwells which is costing the Body Corporate money to have it removed. He noted that this is a health and safety hazard as it would be in the way during a fire evacuation. Mr. Hitchcock asked that anyone witnessing this should contact Charta immediately. Mr. Hitchcock noted that the addition of the security cameras in the lobby has been effective so far to curb the instances of mail theft. Mr. Hitchcock advised owners to have courier deliveries be done on a “card-to-call” basis rather than having the deliveries left in the lobby by couriers. Some discussion followed on the matter of scooters being left in the lobby, outside in front of the entrance door and even in the corner shop. Mr. Hitchcock noted that scooters are regulated by Auckland Council and that we have no control over this. Residents are asked that they be careful with scooters causing a trip hazard. Mr. Ismail noted that there are not enough general parking spaces or loading zones outside the building either which the Council does not have any intention to remedy. Mr. Jacobs noted that Auckland Council sends out notices of inorganic collections every year to owners of the building even though there is no spaces available for 130 apartments to leave inorganic rubbish for collection and that the Council has been asked to exclude Forte owners from that list in future. CHARTA MANAGEMENT LIMITED
Ms. Singh asked if there is a general problem with residents throwing trash off their balconies. Mr. Hitchcock confirmed that there have been some instances of this occurring but that it is very hard to control. Mr. Ismail asked if the gutters are being cleaned regularly. Mr. Jacobs noted that due to the square design of the downpipes they do get blocked but that we have it being cleaned monthly. He also noted that the annual building wash is due in December during which time the gutters and balconies will be cleaned. Some discussion followed on the ratio of owner occupiers versus rentals and how many are rented to students. It was noted that because of Covid on the student rental market some vacant apartments have been hard to rent, but that it was hoped to improve again when universities start up again in the new year. There being no further general business the meeting is closed at 7:45pm. CHARTA MANAGEMENT LIMITED
BODY CORPORATE No: 356438 BODY CORPORATE AT: 37 Symonds Street, Auckland City Annual General Meeting Held at the offices of Charta Management Limited at the Common Room of Forte Apartments, 37 Symonds St, Auckland Central, 1010, on Wednesday 29th May 2019 commencing at 6pm MINUTES 1. Attendance/Proxies: Anton Jacobs Charta Proxies = 16 Andre Conradie Owner 206 Proxies = 4 Janice Chan Owner 804 Barbara McKinney Owner 501 Lance and Annette Dunning Owners 203 Jasmin Singh Proxy from Owner of 901 Postal Votes received (approving all resolutions and option 10B): Owners G01, G02, G03, G04, G05, 103, 104, 304, 1307. Postal Votes received (approving all resolutions and option 10A): Owner 709. Postal Votes received (approving all resolutions and option 10B except vote against Resolution 8): Owner 706. Total attendance by proxy, postal vote or in person: 36 therefore a quorum is present. Apologies received from Liakat Ismail, Maria Cooper and the owners who provided proxy appointments and postal votes. 2. Appointment of Chairperson The following person have been appropriately nominated as the Chairperson, and have consented to that nomination. Andre Conradie (Owner of Unit 206) has been nominated and accepted a nomination to stand as Chairperson. Voting: Unanimous for appointment of Andre Conradie as Chairperson. RESOLUTION 1 – APPOINTMENT OF CHAIRPERSON The Body Corporate resolve, by ordinary resolution that Andre Conradie be elected to the position of Chairperson. 3. Minutes of previous meeting Some discussion followed on the matters arising from the minutes of the previous meeting. Mr. Conradie noted that the LTMP funding was reviewed by Charta and the Body Corporate Committee on which there will be further feedback later in the meeting. CHARTA MANAGEMENT LIMITED
Mr. Jacobs confirmed that the billing cycle of water usage has been changed to correspond to the cycle of billing by Watercare to allow for better comparison of usage billed versus payments to Watercare. Mr. Jacobs noted that a notice was sent to residents addressing smoking behavior and other matters following the AGM. Mr. Conradie noted that the Body Corporate Committee would be reviewing the Body Corporate Rules for Forte apartments in the coming year to address some of the general behavior issues of residents. Mr. Conradie also noted that the Body Corporate Building Management Contract was finalized following the AGM. Mr. Conradie moved to accept the minutes and Dr. McKinney seconded the motion. Voting: Unanimous RESOLUTION 2 – AGM MINUTES It is resolved unanimously, by ordinary resolution, that the minutes of the AGM held Wednesday 22nd of August 2018 be accepted and approved as a correct record of that AGM. 4. Financial Statements & Audit for the year ended 30 November 2018 The audited Annual Accounts for the year ending 30 November 2018 were presented to the meeting. Mr. Conradie asked for any questions relating to the accounts. Mr. Jacobs noted the drop in the building management fee from $100,071 to $75,524 in accordance with the terms of the new contract. He advised that the reduction in price came into effect partway through the year and that next year’s total fee would be lower at $65k as noted in the budget presented. Mr. Jacobs noted an increase in Cleaning costs from the previous year due to additional work being done to improve the general standard of appearance for the building. Mrs. Dunning noted that some of the carpets are in poor condition (referring in particular to the carpets on level 2 where they own an apartment) as well as the general state of apartments in the building. Mr. Hitchcock noted that the carpets on all levels will be assessed and replaced where needed, but that the apartment condition is a matter for review between the property managers and the owners outside of the AGM. Mr. Jacobs noted the increase in insurance costs as a result of the increase in the Fire service levy and Earthquake levy imposed by government. He noted that the material damage cost component only increased marginally due to the increase in the building valuation for insurance purposes. CHARTA MANAGEMENT LIMITED
Mr. Jacobs explained that the General Maintenance amounts of $40,745 for 2017 and $98,470 for 2018 mainly reflected the expenditure on the riser shafts fire rating work for which the special levies were raised over the two years. He noted that due to the timing of the work performed higher costs were recorded in the 2018 financial year than the 2017 financial year even though the special levy was split evenly over the two years. Mr. Jacobs noted that of the $50,418 of levies outstanding as at 30 November 2018 only one levy amount remains unpaid at the date of this meeting. Mr. Conradie requested that this debt be passed on to a lawyer for collection immediately and that the collection of levies be handled with more urgency in future. Mr. Hitchcock noted that he joined Charta in the latter part of 2018 and that his considerable experience in recovery of debt would be reflected in future outstanding debtor numbers. Some general discussion followed on the high cost of replacement of keys, locks and access tags for the building. Mr. Hitchcock noted that fees for the replacement of locks, keys and access tags are standard and are passed on to owners by Charta after adding a 15% service fee. He noted that the largest cost relating to replacement of locks are when it attracts an after-hours fee. The need to ensure requests for unlocking apartments where keys are lost of left in the apartment are from valid occupants were discussed, noting that where requests come from tenants that are not managed by Charta, we have to first obtain confirmation of their identity from the property manager or owner before we can assist with such a request for security reasons. Mrs. Dunning noted her concerns on security matters at the building, referring to the time when the front door access system was out of service. During this time the door opened without the need to swipe an access key tag. Mr. Jacobs noted that the repairs were done to correct this and that access to floors in the building would still require further tag access when getting into the lift. Mr. Hitchcock also noted that there has been vandalism of the mailboxes with mail being stolen which had to be repaired. Following that we installed additional security cameras to point to the mailboxes to deter future damage and enable us to identify the persons involved. Mr. Conradie moved to accept the financials and Mr. Dunning seconded the motion. Mr. Conradie noted his support for re-appointing the external Auditor as his fees are reasonable and services appropriate for the Body Corporate. He noted that the Auditor added value to the audit by meeting with him to discuss possible improvements to perceived risks, demonstrating his interest in improving proper governance of the Body Corporate. The issues noted by the Auditor during this meeting included: CHARTA MANAGEMENT LIMITED
Encouraging the Body Corporate Committee to be more involved in the administrative affairs of the Body Corporate Noted risks around opportunities to mismanage financial affairs (noting that no instance of this occurring was found during his investigations) Noted that the building is not listed on the earthquake prone list, but that these risks should be considered even if the building is not earthquake prone Dr. McKinney noted the Body Corporate Committee involvement in decision making on larger expenditure as reported by Mr. Jacobs for discussion at Committee meetings. Mr. Conradie also noted that getting involved in the approval of all general expenditure within the budget would require much more time than what he would be able to commit to. Mr. Jacobs noted the change in accounting programs for the Body Corporate accounts (now running on the Xero platform) and suggested copying the Chairman on invoices loaded for payment onto the Xero accounting system which would allow review of payments prior to them being processed as one method of actively involving the committee in the financial affairs of the Body Corporate. Following some further discussion on the matter Mr. Conradie advised that the Committee would be reviewing the Auditor recommendations at the next Committee meeting. Mr. Dunning moved to accept the appointment of the Auditors and Dr. McKinney seconded the motion. Voting Resolution 3: Unanimous Voting Resolution 4: Unanimous RESOLUTION 3 – APPROVAL OF 2018 FINANCIAL STATEMENTS It is unanimously resolved, by ordinary resolution that the November 2018 audited accounts are approved. RESOLUTION 4 – APPOINTMENT OF AUDITORS It is unanimously resolved, by ordinary resolution, that Auckland Chartered Accountants be re- appointed as auditors for the Body Corporate. 5. Body Corporate Levies & Budget The Budget as proposed were discussed in detail. CHARTA MANAGEMENT LIMITED
Mr. Jacobs highlighted the increase in insurance cost due to the increase in the Earthquake levy and Fire Services levy imposed by the Government and also noted that no insurance valuation would be needed for this financial year. Mr. Jacobs noted the saving on power cost due to lower usage and discounted rates. Mr. Jacobs highlighted the inclusion of an additional $20k in the budget under Repairs and Maintenance to allow for a bulk upgrade of washing machine hoses in the building. Mr. Hitchcock explained to the meeting the background behind the item, noting the pro-active replacement could reduce the risk of more water leaks resulting from ageing hoses. Some discussion followed on the matter and Mr. Conradie noted that he is in favour of the replacement being done on a bulk basis through the Body Corporate as it is a risk to the building in general and a discounted price is available for doing it in one go. He also asked that the item be included in future Long-Term Maintenance plans to be replaced every 10 years. Mr. Jacobs noted the Contingency budget item of $20k being available to the allow the Committee to approve unexpected cost items that is not otherwise included in the budget. Mr. Jacobs noted that the $75,000 included as a contribution towards the Long-Term Maintenance Fund, is the average amount of spend over the next 7 years after reviewing the expenditure that relate only to items of a Long-Term Maintenance nature. He explained that the Long-Term Maintenance Plan included a lot of expenditure of a general maintenance and cleaning nature that was included under the normal operating budget expenditure. The review of the costs of the Long- Term Maintenance plan was completed with the Body Corporate Committee last year December. Mr. Jacobs noted the decrease of 8.3% in the total budget from the previous year’s budget. Dr. McKinney moved to approve the budget and Mr. Dunning seconded the motion. Voting: Unanimous RESOLUTION 5 – APPROVAL OF BUDGET It is unanimously resolved, by ordinary resolution, that the Annual Budget and levies for the period 1/12/2018 to 30/11/2019 totaling $460,333.14 be approved. 6. Long Term Maintenance Plan (LONG-TERM MAINTENANCE PLAN) Mr. Jacobs noted again that the Long-Term Maintenance Plan is a comprehensive document that incorporated a number of items already included in the normal operating budget of the Body Corporate. CHARTA MANAGEMENT LIMITED
Mr. Conradie moved to approve the Long-Term Maintenance Plan and Dr. McKinney seconded the motion. Voting: Unanimous RESOLUTION 6 – APPROVAL OF LONG-TERM MAINTENANCE PLAN It is unanimously resolved, by ordinary resolution, that the Long-Term Maintenance Plan be approved. 7. Body Corporate Administration The Terms of Delegation and powers of the Committee as included in the notice of meeting were noted. Mr. Jacobs advised that the Delegation would be effective until the next Annual Meeting. Notice of Delegation Take notice that the Body Corporate Committee of Body Corporate 356438 has authority to perform all of the duties and exercise all of the powers of the Body Corporate as permitted by the Unit Titles Act 2010 for the purposes of operating the Body Corporate. That the Committee is not empowered to do anything that is not a power able to be delegated under the Unit Titles Act 2010 or is required to be carried out by the Chairman. The Body Corporate Committee does not have the power to: Expend funds from the Long Term Maintenance Fund other than what is approved in the Long Term Maintenance Plan Borrow money Commit Body Corporate 356438 to expenditures which are not approved by the Body Corporate in the annual plan and budget and covered by the annual levies. The term of the delegation shall be for the period starting from the end of this Annual General Meeting and ends on the commencement of the next Annual General Meeting. The makeup of the current Body Corporate Committee was discussed. All 4 members of the current committee are available for re-election. They are Andre Conradie (Chairman), Maria Cooper, Barbara McKinney and Liakat Ismail. Following some discussion, no further nominations and were received and the current Committee members available for re-election was proposed to be re-elected. Mrs. Chan moved to approve the Notice of Delegation and Mr. Dunning seconded the motion. CHARTA MANAGEMENT LIMITED
Mr. Jacobs noted that one postal vote received voted against the resolution. Voting Resolution 7: Unanimous Voting Resolution 8: 35 for and 1 against RESOLUTION 7 – BODY CORPORATE COMMITTEE It is unanimously resolved, by ordinary resolution, that the following owners are re-elected to the Committee: Andre Conradie (Chairperson), Maria Cooper, Barbara McKinney & Liakat Ismail. RESOLUTION 8 – BODY CORPORATE COMMITTEE DELEGATION It is resolved by majority vote, by special resolution, that the Body Corporate so delegate to the Body Corporate Committee some of its powers and hereby give such written notice. 8. Building Management Contract Mr. Conradie noted that the terms of the contract were approved at the previous AGM, and that the contract was duly signed and finalized following that decision. He noted that the formal approval of the contract was now proposed for this AGM to conclude this matter. Mr. Conradie moved to approve the resolution and Dr. McKinney seconded the motion. Voting Resolution 9: Unanimous RESOLUTION 9 - APPROVAL OF BUILDING MANAGEMENT CONTRACT It is unanimously resolved, by ordinary resolution, to approve the Building Management Agreement. 9. Body Corporate Administration Contract Mr. Conradie noted that the Body Corporate Administration contract is due for renewal in November 2019. He discussed the two options put forward regarding the renewal, with one being not to renew but to obtain tenders for and to appoint a Body Corporate Administration Manager, and the second option to renew the contract with an expiry date of 31 March 2021 to line the expiry up with the expiry date of the Building Management Contract. Mr. Conradie noted that it would be easier to obtain tenders for both functions at the same time as the building manager and body corporate administration manager functions is hard to split. He noted that aligning the two contract terms would allow the Body Corporate enough time to explore options over the next two years. CHARTA MANAGEMENT LIMITED
Mr. Conradie moved to approve the second alternative to the resolution to renew the contract until 31 March 2021 and Dr. McKinney seconded the motion. Mr. Jacobs noted that one postal vote received voted for the first alternative to the resolution and the other postal votes all voted for the second alternative to the resolution as proposed by Mr. Conradie. Voting Resolution 10: 35 for and 1 against RESOLUTION 10 - BODY CORPORATE ADMINISTRATION AGREEMENT RENEWAL It is resolved by majority vote, by ordinary resolution, that the Body Corporate resolve, by ordinary resolution, that the Body Corporate Secretary contract will be renewed at the end of November 2019 for a further 16 months until the 31st of March 2021. 10. CHAIRPERSON HONORARIUM Mr. Jacobs noted that, as was the case at last year’s annual meeting, in recognition of the considerable time, effort and diligence required to Chair the Body Corporate for 37 Symonds Street, it is proposed that an Honorarium of $500 be awarded annually to the Chairperson in appreciation of that commitment made on behalf of the members of the Body Corporate. This proposal was briefly discussed by the meeting, with owners expressing their appreciation of the time and effort spent by Mr. Conradie to perform his tasks as Chairman. Dr. McKinney moved to approve the resolution and Mr. Dunning seconded the motion. Voting Resolution 11: Unanimous RESOLUTION 11 – CHAIRPERSON HONORARIUM It is unanimously resolved, by ordinary resolution, to pay an annual Honorarium of $500 to the Chairperson of the Body Corporate. 11. General Business Fibre Contractors Mr. Jacobs informed the meeting of an approach from Chorus to complete a bulk installation of the remaining ONT units to the apartments that has not installed fibre internet yet. He noted that this will be at no cost to owners and that the installation would allow future new fibre internet connections to be done without the need for Chorus technicians to visit the site to install the hardware from the connection box in the riser shafts to the apartments. CHARTA MANAGEMENT LIMITED
Mr. Conradie noted that he is in favour of this being done as the standard of technicians that come out for individual installations is not always up to scratch and that having this done as a project by the Chorus project team will ensure a better quality installation. After a short discussion on this the owners asked Charta to liaise with Chorus and manage this process to get the work done. Healthy Homes Act: Mr. Conradie discussed the impact of new legislation on property owners and noted that the requirement to provide an insulation statement for apartment owners can only be done if they get information from the Building Manager. Mr. Hitchcock noted that Forte is a concrete construction with concrete ceilings and floors which would mean that it is not required to fit insulation as the space is not accessible. There is insulation in the intertenancy walls which needs to be disclosed in the insulation statement provided to tenants in accordance with the new Act. Mr. Hitchcock suggested that we circulate our standard insulation statement that Charta prepared for the Forte apartments where we managed the tenancies to all Forte owners. Heating requirements under the new Healthy Homes Act was discussed. It was noted that rental properties would be required to have proper heating installed to ensure that the main living area is at least 18 degrees. Some discussion followed on the current heating in the Forte apartments and it was noted that reaching the 18 degrees would not be an issue for most apartments. Mr. Jacobs noted a request from an owner unable to attend the meeting about the possibility of getting a heatpump installed in their apartment. Discussion on this topic followed with Mr. Conradie noting that he has been aware of other buildings running a trial to install heatpumps of a specific specification in response to the new Act. Mr. Dunning noted his concerns over the effect of installing heatpumps on the building integrity as the installation would require breaching the firewall He noted that with installation on a large scale in a building like Forte it would be very difficult to ensure that the integrity of the fire rated walls be retained. The question was also raised on whether the installation of heatpumps on the balconies would be noisy or have other negative impacts on the neighbouring apartments. Some more discussion followed on this matter after which the owners decided not to approve any requests for heatpumps. It was suggested that owners consider the use of portable air conditioning units that does not breach the fire walls of the building. Theatre Room and Common Room: Mr. Hitchcock noted that the theatre room and common room / basketball area was now available for use to residents again. Discussion followed on the process and level of access that may be offered to residents in the use of the facilities. Concern was raised on possible unsupervised use causing damage and the CHARTA MANAGEMENT LIMITED
requirement of asking for a bond / rental fee of up to $150 was mentioned. A number of potential uses of the theatre room was discussed, as the original use of the room was considered to not be its optimal use now. The Body Corporate Committee would investigate this further after reviewing all options. Mr. Hitchcock was asked to report back to the Committee with proposed rules and processes in the use of the facilities. General building issues: Mrs. Dunning noted that the lifts seem to have been out of order a number of times lately and that the lift button is not very sensitive (has to be pressed hard to register). Mr. Hitchcock noted that he would obtain a special lift condition report from Schindler lifts to assess the condition. Mrs. Chan noted that littering of cigarette buts on the balconies and outside common areas remain an issue. The meeting discussed the possibility of changing the Body Corporate Rules to declare the building smoke free. Mr. Jacobs noted that making such a rule would be almost impossible to enforce and that we should continue to communicate with residents on good behavior rather than prescriptive rules. Mr. Conradie noted that the review of the Body Corporate Rules was one of the matters that he would want the Committee to address this year and they would consider this matter as part of that review. Mr. Dunning asked if the building need to do a fire drill. Mrs. Chan noted that she knows from her experience on the committee of another apartment building that it is not compulsory for a building with a sprinkler system that is tested as ours are. Mr. Hitchcock suggested that he confirms this to be the case with our fire monitoring contractor and report back to the Committee. Mrs. Chan noted that there have been instances of rubbish being dumped in the stairwells which could be a health and safety risk in the case of an emergency evacuation. Mr. Hitchcock noted that we have this removed as soon as we become aware of it and noted that the removal of general rubbish and “hard rubbish” (old furniture etc.) is expensive as we have to use a commercial contractor like Junk to Go to do this. He noted that he would enquire about more cost-efficient ways to remove these items on a more regular basis. Mr. Jacobs referred to some questions received on email from owners that were unable to attend the meeting. The first question referred to the apparent discoloration of the stairwell walls from the lights and if that would indicate a larger electrical issue. Mrs. Chan asked if the lights used are energy efficient lights. Mr. Jacobs noted that the emergency lights are checked monthly and replaced where needed and that he would confirm with the supplier whether the lights are replaced with LED or other energy efficient lights. Dr. McKinney asked when the hallways are due to be painted again according to the Long- Term Maintenance plan. Mr. Jacobs confirmed that it is scheduled for the 2020 financial year but noted that the timing of items in the plan can be changed where maintenance priorities change. CHARTA MANAGEMENT LIMITED
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