New South Wales Consolidated Regulations

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STRATA SCHEMES MANAGEMENT REGULATION 2016 - SCHEDULE 1

SCHEDULE 1 – Forms

(Clauses 13, 20 and 43)

Form 1 - Proxy appointment

Proxy appointment

Strata Schemes Management Act 2015

Date

I/We
the owners of lot
in Strata Plan No
appoint
of
as my/our proxy for the purposes of meetings of the owners corporation (including adjournments of meetings).
I/ We appoint
of
as my/our proxy for the purposes of meetings of the owners corporation (including adjournments of meetings) ifalready holds the maximum number of proxies that may be accepted.

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

*Tick or tick and complete whichever applies

(Note. The appointment cannot have effect for more than 12 months or 2 consecutive annual general meetings, whichever is the greater.)

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

OR

*2 This form authorises the proxy to vote on my/our behalf on the following matters only:
[Specify the matters and any limitations on the manner in which you want the proxy to vote.]

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

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

*Delete paragraph 3 if proxy is not authorised to vote on this matter. For examples, read note 1 below.
*4 I understand that, if the proxy already holds more than the permitted number of proxies, the proxy will not be permitted to vote on my/our behalf on any matters.

Signature of owner/s

Notes on appointment of proxies:
1 This form is ineffective unless it contains the date on which it was made and it is given to the secretary of the owners corporation at least 24 hours before the first meeting in relation to which it is to operate (in the case of a large strata scheme) or at or before the first meeting in relation to which it is to operate (in any other case).
2 This form will be revoked by a later proxy appointment form delivered to the secretary of the owners corporation in the manner described in the preceding paragraph.
3 This form is current from the day on which it is signed until the end of the period (if any) specified on the form or the first anniversary of that day or at the end of the second annual general meeting held after that day (whichever occurs first).
4 If a person holds more than the total number of proxies permissible, the person cannot vote using any additional proxies. The total number of proxies that may be held by a person (other than proxies held by the person as the co-owner of a lot) voting on a resolution are as follows:
(a) if the strata scheme has 20 lots or less, one,
(b) if the strata scheme has more than 20 lots, a number that is equal to not more than 5% of the total number of lots.
5 A provision of a contract for the sale of a lot in a strata scheme, or of any ancillary or related contract or arrangement, is void and unenforceable to the extent that it:
(a) requires the purchaser of a lot, or any other person, to cast a vote at a meeting of the owners corporation at the direction of another person, or
(b) requires the purchaser to give a proxy at the direction of another person for the purpose of voting at a meeting of the owners corporation (that is a person cannot rely on any such proxy to cast a vote as a proxy).
Notes on rights of proxies to vote:
1 A duly appointed proxy:
(a) may vote on a show of hands (or by any other means approved by a general resolution at a meeting of the owners corporation), subject to any limitation in this form, or may demand a poll, and
(b) may vote in the person's own right if entitled to vote otherwise than as a proxy, and
(c) if appointed as a proxy for more than one person, may vote separately as a proxy in each case.
2 A proxy is not authorised to vote on a matter:
(a) if the person who appointed the proxy is present at the relevant meeting and personally votes on the matter, or
(b) so as to confer a pecuniary or other material benefit on the proxy, if the proxy is a strata managing agent, building manager or on-site residential property manager, or
(c) if the right to vote on any such matter is limited by this form.

Form 2 - Statement of key financial information--capital works fund and administrative fund

Statement of key financial information--capital works fund and administrative fund

Strata Schemes Management Act 2015

Name of fund:

Reporting period:

Balance carried forward from previous reporting period:

Total income received during reporting period:

Total interest earned by fund during reporting period:

Total contributions paid during reporting period:

Total unpaid contributions payable for reporting period:

Total expenditure for maintenance during reporting period:

Total expenditure for administration costs during reporting period:

Balance of fund at end of reporting period:

List of principal items of expenditure proposed for next reporting period:

Form 3 - Statement of key financial information--other funds

Statement of key financial information--other funds

Strata Schemes Management Act 2015

Name of fund:

Reporting period:

Balance carried forward from previous reporting period:

Total income received during reporting period:

Total interest earned by fund during reporting period:

Balance of fund at end of reporting period:

Form 4 - Certificate under section 184 of the Strata Schemes Management Act 2015

Date of certificate
Strata scheme in respect of which certificate issued Strata Plan No
Lot in respect of which certificate issued Lot No
Strata Plan No
Person requesting certificate
Name:
[owner/mortgagee/covenant chargee/authorised person]
Address:
If authorised person, authorised by:
Name:
[owner/mortgagee/covenant chargee]
Address:

The owners corporation certifies the following with respect to the lot the subject of this certificate:

1 Has a strata renewal committee been established? Yes/No

Brief statement if one has been established:

2 Administrative fund--contributions payable by regular periodic instalments or lump sum (section 73 (1) of the Act)

Total amount last determined Amount
Period
to
Number of instalments payable (if contribution payable by instalments)
Amount of each instalment, period to which instalment relates and date due
Amount Period Date due
to
to
to
to
Amount (if any) outstanding
Amount (if any) in credit
Discount (if any) applicable for early payment
Brief statement as to the reason for any amount outstanding or in credit:

3 Capital works fund--contributions payable by periodic instalments or lump sum (section 74 (1) of the Act)

Total amount last determined Amount
Period
to
Number of instalments payable (if contribution payable by instalments)
Amount of each instalment, period to which each instalment relates and date due
Amount Period Date due
to
to
to
to
Amount (if any) outstanding
Amount (if any) in credit
Discount (if any) applicable for early payment
Brief statement as to the reason for any amount outstanding or in credit:

4 Amounts payable for additional amenities or services (section 117 of the Act)

Section 117 of the Act provides that an owners corporation may enter into an agreement to provide amenities or services to particular lots. These lots are responsible for payment for amenities and services so provided.
Total amount last determined owed by these lots
Amount Period
to
If this certificate is requested by the owner of any of those lots, the following applies to the lot/s owned:
Number of instalments payable (if payable by instalments)
Amount of each instalment, period to which instalment relates and date due
Amount Period Date due
to
Amount (if any) outstanding
Amount (if any) in credit
Discount (if any) for early payment
Brief statement as to the reason for any amount outstanding or in credit:

5 Special contributions to the administrative or capital works or other fund (section 81 (4) of the Act)

Amount of any levy payable under section 81 (4) of the Act
Date on which determination made under section 81 (4) of the Act
Number of instalments payable (if contribution payable by instalments)
Amount of each instalment and date due
Amount Date due
Amount (if any) outstanding
Amount (if any) in credit
Brief statement as to the reason for any amount outstanding or in credit:
Brief statement as to the purpose for which the contribution was required:

6 Money unpaid under by-law conferring a right or a privilege (Division 3 of Part 7 of the Act)

Amount payable under a common property rights by-law
Date when amount due
Period to which amount relates to

7 Proposals for funding matters set out in the 10 year capital works plan

8 Contributions towards costs of legal proceedings

Amount of any levy payable under section 90 of the Act
Date on which order made under section 90 of the Act
Number of instalments payable (if contribution payable by instalments)
Amount of each instalment and date due
Amount Date due
Amount (if any) outstanding
Amount (if any) in credit
Brief statement as to the reason for any amount outstanding or in credit:
Brief statement as to the purpose for which the contribution was required:

9 Amount recoverable in relation to work carried out by owners corporation

Amount (if any) recoverable under section 120 of the Act

10 Rate of interest payable on contributions

Rate of interest payable under section 85 of the Act on contributions %
Amount of interest payable in relation to outstanding contributions $

11 Amount of unpaid contributions and pecuniary penalties

Amount of any unpaid monetary penalty that is payable under section 147 of the Act or any other monetary penalty
Amount of any contribution recoverable as a debt under section 86 of the Act

11A Particulars of outstanding orders

Particulars of any outstanding building product rectification orders under the Building Products (Safety) Act 2017 .

12 Particulars on strata roll for lot to which certificate relates

Name of owner Name
Address for service of notices on owner Address
Name and address for service of notices on each mortgagee, covenant chargee or other person who has given notice to the owners corporation under section 22 of the Act Name
Address
Capacity

13 Strata managing agent and building manager

Name of strata managing agent (if any) appointed under section 49 of the Act Name
Address
Name of building manager (if any) appointed under section 67 of the Act Name
Address

14 Members of strata committee

Name and address of each member of the strata committee:
Name Address
Member 1
Member 2
Member 3
Member 4
Member 5
Member 6
Member 7
Member 8
Member 9
Office bearers:
Chairperson
Secretary
Treasurer

15 By-laws

Particulars of any by-laws made by the owners corporation within the 6-month period before the date of this certificate that have not been lodged at the office of the Registrar-General as at that date:

16 Insurance policies

Particulars of all insurance policies that have the owners corporation as the insured or as a beneficiary:

Type of policy Name of insurer Policy number Sum insured Date due Date when last premium paid Amount of last premium

Name of each insurance broker for each policy (if relevant): Name
Address

Items 17 and 18 must be completed if the strata scheme is also part of a community scheme

Name of community association (if any):
Community lot number(s) for precinct or strata scheme
Address for service of notices:
Name of precinct association (if any):
Precinct lot number(s) for strata scheme
Address for service of notices:

17 Contributions payable to administrative fund of community association or precinct association

Total amount last determined with respect to the lots comprising the strata scheme Amount
Period
to
Number of instalments payable (if contribution payable by instalments)
Amount of each instalment, period to which instalment relates and date due
Amount Period Date due
to
to
to
to
Amount (if any) outstanding
Amount (if any) in credit
Discount (if any) applicable for early payment
Brief statement as to the reason for any amount outstanding or in credit:

18 Contributions payable to sinking fund of community association or precinct association

Total amount last determined with respect to the lots comprising the strata scheme Amount
Period
to
Number of instalments payable (if contribution payable by instalments)
Amount of each instalment, period to which instalment relates and date due
Amount Period Date due
to
to
to
to
Amount (if any) outstanding
Amount (if any) in credit
Discount (if any) applicable for early payment
Brief statement as to the reason for any amount outstanding or in credit:

Item 19 must be completed if the strata scheme is a member of a building management committee

Name of building management committee:
Address for service of notices:

19 Contributions payable to the building management committee

Total amount last determined with respect to the lots comprising the strata scheme Amount
Period
to
Number of instalments payable (if contribution payable by instalments)
Amount of each instalment, period to which instalment relates and date due
Amount Period Date due
to
to
to
to
Amount (if any) outstanding
Amount (if any) in credit
Discount (if any) applicable for early payment
Brief statement as to the reason for any amount outstanding or in credit:

Certificate under section 184 of the Strata Schemes Management Act 2015

Item 20 must be completed if the strata scheme is required to pay to any other person or body any amount not connected to the maintenance or insurance of the common property

20 Amount payable to any other person or body

Name of person or body
Brief statement as to the purpose of the payment:
If next payment known: Amount Date Due
Amount (if any) outstanding
Amount (if any) in credit

The common seal of the Owners Corporation--Strata Plan No
Was hereunto affixed on theday of20
in the presence of
and
being the person(s) authorised by section 273 of the Strata Schemes Management Act 2015 to attest the affixing of the seal.

Section 185 of the Act provides:
185 Strata information certificate is evidence of matters stated in it A strata information certificate is conclusive evidence, as at the date of the certificate, of the matters stated in it in favour of a person (whether or not the applicant for the certificate or a person referred to in the certificate) taking for valuable consideration:
(a) an estate or interest in a lot in a freehold strata scheme to which the certificate relates, or
(b) an estate or interest in a lease of a lot in a leasehold strata scheme to which the certificate relates.


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