City Mews By-Laws

Part 7: Preamble 1. This is a by-law made under the provisions of Sections 52 and 65A of the Strata Schemes Management Act 1996. 2. Lot 43 is a lot created by the Strata Plan of sub division in Strata Plan 17139. The includes a car space depicted in the Drawing. The effect of the by-law is to grant Owner of Lot 43 permission to perform work to install a car stacker on the car space forming part of the Lot, subject to the conditions specified in the by-law. Pa1g3 ofe 77

3. So far as the works involve any alteration, improvement or enhancement of the common property this by-law records the approval of the Owners Corporation in terms Section 65 A and the obligation of the Owner to maintain those works in a state of and serviceable repair. Part 2: Definitions & Interpretation In this by-law: 1. "Car Stacker" means a hydraulic car stacker. Model PP23, with a 240v power supply removable ‘Deadman’ key operation with hydraulic and mechanical security systems and connected to the slab by 2 M-10 Dyna-Bolts. 2. "Car Space” means the car space forming part of Lot 43 and that is depicted in Drawing. 3. “Council means the state or local government body or planning authority with authority to determine applications under the Environmental Planning & Assessment 1979. 4. "Drawing" means the drawings forming Part 3 of this by-law. 5. “Owner means the Owner from time to time of Lot 43; and 6. "Works" means the work by 'Park Plus Solutions Pty Ltd’ ABN: 71 103 337 864 to install a car stacker on the car space. 7, Works importing the singular include the plural and vice versa; words importing gender include any gender and words defined in the Strata Schemes Management 1996 having the meaning given to them in that Act. 8. All parts of this by-law, including the Introduction, are to be considered in the interpretation of the by-law. Part 3: Drawings [blank in original by-law as lodged] Part 4: Grant of Special Privilege in respect of the Common Property On the conditions set out in this by-law, the Owner shall have a special privilegei n respect o0f the common property to carry out and there after to maintain the Works. Part 5: Conditions Required Before the Works Commence. 1. Before commencing the Works, the Owner must provide the Owners Corporation with a. Acopy of any requisite approval of Council. b. A Certificate of Currency for the duration of, and for a period of no less than 12 months following completion of, the Works, of Contractors’ All Risks insurance cover taken out with a reputable insurer (incorporating cover against public risk in respect of claims for death, injury, accident and damage occurring in the course of or by reason of the Works), to which the Owners Corporation is noted as an interested party. Part 6: Performance of the Works 1. In carrying out the Works, the Owner must ensure compliance with all requisite approvals (including the terms of any approval given by the Owners Corporation), the Building Code of Australia and relevant Australian Standards and must use appropriately qualified, licensed and insured tradespeople. 2. The supply of power to the car stacker is to be by cable run through conduct through the ceiling of the car space and connected to the meter serving the Lot. 3. The Owner must complete the Works within one day. 4. The Owner must ensure the Works are undertaken in such a way as to cause minimum disturbance or inconvenience to the lots or their occupiers and owners. 5. The Owner shall ensure that none of the Works encroaches onto an adjoining lot. 6. The Owner must maintain all areas of common property adjacent to the Works, or used for or in relation to the Works, in a clean and tidy state while the Works are being carried out. Pa1g4 ofe 77

7. The Owner must repair promptly any damage caused or contributed to by the Works, including damage to the property of the Owners Corporation and the property of the owner or occupier of another lot in the strata scheme. 8. The Owner must not perform the Works or allow them to be carried out except between the hours of 8am and 5pm Monday to Saturday inclusive (excluding public holidays) or during such other times as may be approved by the Owners Corporation. Part 7: Maintenance of the Common Property 1. The car stacker shall remain the property of the Owner and the Owner must maintain it and its component and related parts in a state of good and serviceable repair. 2. The Owner must renew or replace the Works and all associated whenever necessary and must repair promptly any damage caused or contributed to by such work including damage to the property of the Owners Corporation and the property of the owner or occupier of another lot in the strata scheme. 3. Subject to the terms of this by-law, any subsequent by-law or any special resolution of the Owners Corporation under Section 62(3) of the Strata Schemes Management Act 1996 not to maintain a particular item of property, the Owners Corporation shall continue to be responsible for the proper maintenance and keeping in a state of good and serviceable repair of the balance of the common property. Part 8: Use of Car Stacker — The car stacker shall only be used for its intended purpose of parking a vehicle. Part 9: Indemnity & Costs 1. The Owner indemnifies the Owners Corporation against any liability or expense resulting from the installation or use of the car stacker. For the purposes of this condition, the certificate of the Owners Corporation's insurer will be conclusive evidence of the fact and of the amount of any increase in an insurance premium or excess payable by the Owners Corporation and attributable to the installation or use of the car stacker. ° 2. The Owner indemnifies the Owners Corporation against any expense, legal liability, loss, claim or proceedings in respect of any injury, loss or damage whatsoever to the common property, or other property, or person in as such injury, loss or damage arises out of, or in the course of, or by reason of the performance of the Works, the renewal, repair or replacement of the Works or the keeping and use of the car stacker. 3. The Owner must meet all reasonable expenses of the Owners Corporation incurred in the preparation, making and registration of this by-law. Part 10: Breach ofa Term of the By-law 1. If the Owner fails to carry out his obligations under this by-law, the Owners Corporation may in writing request the Owner to comply with the terms of it. 2, Without prejudice to the other rights of the Owners Corporation, where the Owner fails or neglects to carry out any conditions referred to herein, then the Owners Corporation or its agents, servants or contractors may carry out such condition and may (in accordance with the provisions of the Strata Schemes Management Act 1996) enter upon any part of the parcel for that purpose at any reasonable time on notice given to any occupier or owner of any part of the parcel and may recover the cost of fulfilling such conditions as a debt from the Owner, 3. Such costs if not paid at the end of one month after becoming due and payable bear until paid simple interest at an annual rate of 10%. 4. The Owners Corporation may recover as a debt any costs not paid at the end of one month after it becomes due and payable together with any interest payable and the expenses of the Owners Pa1g5 ofe 77

Corporation incurred in recovering those amounts.