City Mews By-Laws

PART 1 PREAMBLE 1.1 The purpose of this by-law is to:. a, Provide a programme for the seeking of approval from the Owners Corporation to the carrying out of Works to a Lot and to regulate the maintenance, repair and replacement of those Works. b. Delegate to the Strata Committee the power to approve Minor Works applications. PART 2 DEFINITIONS & INTERPRETATION 2.1 Definitions In this by-law, unless the context otherwise requires: a. Act means the Strata Schemes Management Act 2015. b. Approved Form means the form attached at Annexure “A — Building Works Application Form’ or as the strata committee may otherwise approve from time to time. c. Australian Standards means the standards, codes and regulations which govern building and construction work from time to time as relevant and applicable to the particular works being carried out by the Owner. d. Authority means any government, semi- government, statutory, judicial, quasi-judicial, public or other authority having any jurisdiction over the Lot or the Building including but limited to the local council, a court or a tribunal. e. Bond means the amount of $10,000.00 or another amount determined by the strata committee payable by the Owner to the Owners Corporation. The strata committee shall notify the Owner as to the amount payable prior to the Owner commencing Works. The Bond may be in the form of a bank guarantee. f. Building means the building situated at 57-75 Buckland Street, Chippendale NSW 2008. g. Building Manager means the building manager engaged by the Owners Corporation from time to time (where applicable). h. Cosmetic Works means cosmetic works as defined from time to time in the Act and the Regulations including but not limited to: i. installing or replacing hooks, nails or screws for hanging paintings and other things on walls; ii. installing or replacing handrails; iii. painting; iv. filling minor holes and cracksi n internal walls; v. laying carpet; vi. installing or replacing built-in wardrobes; vii. installing or replacing internal blinds and curtains; vill. any other work prescribed by the Regulations for the purposes of section 109 of the Act. i. Essential Works means any essential maintenance, repair, replacement, upgrading or emergency works that the Owners Corporation is required to do under the Act or any other law to any part of common property structure or services including within a Lot. j. Insurance means: i. contractors all risk insurance (including public liability insurance) in the sum of $20,000,000.00; ii. insurance required under the Home Building Act 1989 (if any); and ili. workers’ compensation insurance. k, Lot means any lot in Strata Plan No 16884 and Strata Plan No 17139 which is a Strata Plan of subdivision. |. Major Works means works that are not Minor Works or Cosmetic Works, and include: j. work involving structural changes;

ii. work that changes the external appearance of a Lot, including the installation of an external access ramp; iii. work involving waterproofing; iv. work for which consent or another approval is required under any other Act; and v. any other item prescribed by the Regulations pursuant to sections 109(5)(h) or 110(7) (g) of the Act not to be Cosmetic Works or Minor Works. m. Minor Works has the same meaning as minor renovations as defined from time to time in the Act, the Regulations or as part of this by-law, including but not limited to: i. renovating a kitchen; ii. changing recessed light fittings; iii. installing or replacing wood or other hard floors; iv. installing or replacing wiring or cabling or power or access points; v. work involving reconfiguring of internal walls; vi. installing a security or alarm system; vii. installing a reverse cycle split system air conditioner; vill. replacing bathroom fixings and fittings (i.e. tap-ware, basin, toilet) where tiles or plumbing connections are not affected; and ix. any other work prescribed by the Regulations. n. Owner means the owner(s) of a Lot. Q. Owners Corporation means the owners corporation constituted upon the registration of Strata Plan No 16884. p. Regulations means the Strata Schemes Management Regulation 2016. q. Works means Minor Works and Major Works. 2.2 Interpretation 2.2.1 In this by-law, unless the context otherwise requires: oO oa ha . the singular includes the plural and vice versa; . any gender includes the other genders; . any terms in the by-law will have the same meaning as those defined in the Act; . a reference to the Owners Corporation includes, where applicable, the Building Manager, strata -managing agent, any member of the strata committee or any person authorised by the Owners Corporation from time to time; . references to legislation include references to amending and replacing legislation; . areference to the Owner includes that Owner’s executors, administrators, successors, permitted assigns or transferees; and . to the extent of any inconsistency between the by-laws applicable to Strata Plan No 16884 and this by-law, the provisions of this by-law shall prevail. 2.2.2 Despite anything contained in this by-law, if any provision or part of a provision in this by-law is held or found to be void, invalid or otherwise unenforceable, it shall be deemed to be severed from this by-law (or that provision) to the extent that it is void or invalid or unenforceable but the remainder of this by-law and the relevant provision shail remain in full force and effect. PART3 CONDITIONS 3.1 Cosmetic Works a. The Owners Corporation may add to the definition of Cosmetic Works from time-to-time by amending the definition of Cosmetic Works under the Act at a general meeting. b. An Owner may carry out Cosmetic Works to their lot without consent of the Owners Corporation. c. An Owner must ensure that: i. any damage caused to any part of the common property by the carrying out of Cosmetic Works by or on behalf of the Owner is repaired; and ii. the Cosmetic Works and any repairs must be carried out in a competent and proper manner; and Pa40g ofe 77

iii. the Cosmetic Works are maintained and kept in a state of good and serviceable repair. 3.2 Before Commencement of Works a. Prior to commencement of any Works, an Owner must submit to the strata committee: i. a duly completed Approved Form; ii. detailed specifications as to the Works to be undertaken including where applicable: A. specifications for any equipment to be installed as part of the Works including any sound or energy rating, type, size together with the manufacturer’s or supplier's brochure regarding same; B. a diagram depicting the location of or proposed installation points of all parts of the Works; iii. details of the duration of the Works and any impact on the common property or disruption to common property services or access; and , iv. copies of any Insurance policies as relevant to the particular Works, if required. b. Upon receipt of the Approved Form, the strata committee shall determine, at its absolute discretion, whether the Works to be carried out are Minor Works or Major Works. In order to make such determination, the strata committee may request the Owner to provide additional details of the Works, including plans, specifications and engineer's reports or certifications. c. On making the determination, the strata committee shall inform the Owner, in writing, of that determination. 3.2.1 Minor Works a. The strata committee is delegated thef unctions under section 110 of the Act to approve ~ Minor Works. b. If the strata committee determines that the works are Miirn or Works, the strata committee may approve the Minor Works application. c. If the Minor Works are approved by the strata committee, the Owner may carry out the Minor Works without further consent of the Owners Corporation, d. The Owners Corporation or strata committee may impose further conditions in addition to those provided for by this by-law with respect to the carrying out of the Works and, if such conditions are imposed, it shall inform the Owner in writing of those conditions. 3.2.2 Major Works a. If the strata committee determines that works to be carried out are Major Works, the Owner must lodge the Bon(dif the Bond has not been lodged with the Approved Form) within fourteen (14) days from the date of notification to the Owner by the strata committee of such determination. b. Before commencement of any Major Works, the Owner must: i. provide a complete proposal concerning the Major Works including but not limited to: A. plans and specifications of the proposed works; B. specifications for equipment to be installed as part of the Works including any sound or energy rating, type, size together with the manufacturer's or supplier's brochure regarding same; C. adiagram depicting the location of or proposed installation points of all parts of the Works; . engineering plans and certifications if requested by the Owners Corporation; . any necessary approvals/consents/permits from any Authority; and . areport(s) from an engineer nominated by the Owners Corporation concerning the impact of the Works on the structural integrity of the Building and any Lot and the common property (if required); ii. prepare and provide to the Owners Corporation: A. anew by-law (as per Annexure B) under the Act, to amend the definition of “Major Works”, “Owner” and “Lot” and include a new definition of “Plans” (where applicable) to cover the specific scope of Major Works to be carried out and Part 1 to confer rights of exclusive use and enjoyment and a special privilege; and B. the Owner’s written consent to: © mM nw

1. the passing of the by-law conferring on them rights of exclusive use and enjoyment and a special privilege; and 2. be responsible for the maintenance, repair and replacement of the | Major Works, such by-law (marked Annexure “B —Works”) and form of consent (marked Annexure “C — Consent”) to be prepared substantially in the terms set out in Annexures “B” and “C” and to be considered at a general meeting of the Owners Corporation. iii. pay for all costs of the Owners Corporation including: A. legal fees for reviewing the proposal; B. fees for convening any meeting to consider the proposal; C. any other reasonable professional fees required to consider the proposal including but without limitation strata management fees and consultant fees; and D. registration fees for the by-law contemplated in clause 3.2.2(b)(ii)(A); iv. prepare and provide to the Owners Corporation a dilapidation report prepared by a structural engineer having reviewed the Major Works in relation to any area of the Building (if required including any Lot and the common property) that may be affected by the Major Works. The dilapidation report shall be in writing and shall include photographs of the relevant areas; and v. obtain written consent to the date for the commencement of the Works from the Owners Corporation upon satisfaction of its obligations in clause 3.2.2(b) above. For clarity, no Major Works may be commenced unless and until the by-law referred to in clause 3.2.2(b){ii)(A) is passed by special resolution at a duly convened general meeting of the Owners Corporation. c. Upon receipt of a by-law under clause 3.2.2(b)(ii)(A) the Owners Corporation will review the proposal and stipulate any relevant conditions to be contained in the common property rights by- law such conditions to include (but not be limited to) those set out in clauses 3.2 - 3.12 (inclusive). 3.3 Specific Conditions Unless prior written approval is granted by the Owners Corporation, the following conditions apply as relevant: a. Where the Works include reconfiguration of walls the Owner must ensure: i. No reconfigurations alter or impinge on the structural integrity of the Building; ii. No walls are to be reconfigured so as to place a bedroom over a bathroom and vice versa; iii. Walls containing wet areas must not be reconfigured; iv. Walls must not be added to create new wet areas; and v. Areport from an independent structural engineer agreed to between the Owner and the Owners Corporation must be provided certifying reconfiguration will have no structural impact and does not involve any load bearing walls. b. Where Works involve the installation of a floor finish other than carpet: i. before commencement of Works, the Owner must provide to the Owners Corporation or strata committee a report from a qualified acoustic engineer that analyses the proposed floor finish, method of installation and the effect of sound transmission including impact noise following installation. The report must state that the proposed floor finish after installation to the Lot will comply with clause 3.3(b)(ii)(B) below; ii. the Owner must: A. ensure that all floor space within the Lot is covered or otherwise treated to an extent sufficient to prevent the transmission from the floor space of noise likely to disturb the peaceful enjoyment of an Owner or occupier of another Lot; B. ensure that the flooring is insulated with soundproofing underlay as specified by- the Owners Corporation from time to time and shall not have a weighted standardised impact sound pressure level L’nT,w exceeding 50 when measured in situ in accordance with Australian Standard “AS ISO 140.7-2006 Field

measurements of impact sound insulation of floors” and rated to AS ISO 717.2- 2004” Acoustics — Rating of sound insulation in buildings and of building elements. Part 2: Impact sound insulation; . iii. following the installation of a floor finish other than carpet in a Lot, if there are any complaints about noise transmission through or from the floor of the Lot (whether vertically or horizontally) the Owners Corporation or strata committee may require, and if it does so, the Owner must provide the Owners Corporation or strata committee with a certificate from a qualified acoustic engineer acceptable to the Owners Corporation or strata committee. The certificate must state that the qualified acoustic engineer has tested the floor finish as installed to ensure that the installation and the resulting sound transmission meet the parameters set out in this by-law including those in the report required under clause 3.3(b)(i). c. Where the Works involve alteration, replacement, addition or removal of ceiling insulation such works must: . i. not be commenced without prior written approval from the Owners Corporation or strata committee; and ii. be carried outi n a tradesman like and professional manner and comply with fire safety standards. d, Where the Works involve the installation of air-conditioning units, the Works must: i. have a new condenser unit (external) that: A. is mounted on vibration pads in a location so as to minimise noise and vibration; B. is installed unobtrusively on the location as approved by the Owners Corporation or strata committeei n writing; C. is not visible from the street. All electrical and coolant lines mustt be concealed as much as possible; and D. does not exceed 45dB(A) during the day and 35dB(A) at night or such other acceptable sound rating as may be specified by an Authority or the Owners Corporation from time to time; ii. not be installed through or attached to windows; ii. be manufactured, designed and installed to specifications for residential/domestic use; and iv. have any condensation and run-off from the Lot drained through existing drains or downpipes. e. Owners must ensure thati n carrying out Cosmetic Works and Works to the Lot: i. access panels are not blocked; ii. exhaust fans do not penetrate into the ceiling; iii. hot water service overflow pipes do not penetrate external walls but are plumbed into internal pipes in accordance with Australian Standards. 3.4 Notice | a. At least two (2) weeks prior to the commencement of the Works the Owner shall notify the Owners Corporation and each other Owner (by way of letterbox drop) of the proposed day of commencement of the Works or an aspect of the Works. b. At least two (2) days prior to the commencement of the Works or an aspect of the Works the Owner shall make arrangements with the Building Manager or strata managing agent regarding: i, the suitable times and method for the Owner's contractors to access the Building to undertake the Works; and ii, the suitable times and method for contractors to park their vehicles on common property whilst the Works are being conducted. 3.5 Compliant Works To be compliant under this by-law, Works: a. must be in keeping with the appearance and amenity of the Building in the opinion of the Owners Corporation; b. must be manufactured, designed and installed to specifications for domestic use; c. must be in accordance with Australian Standards and the Building Code of Australia;

d. for fire detectors, any alterations, connections or disconnection to the fire detectors are to be detailed and provided to the Owners Corporation before commencement of the works ‘for approval. If approved, the changes shall be certified by the fire certification controller appointed by the Owners Corporation; e. must be in keeping with fire safety standards. 3.6 During construction Whilst the Works are in progress the Owner of the Lot at the relevant time must: a. use duly licensed employees, contractors or agents to conduct the Works; b. ensure the Works are conducted with due care and skill and comply with the current Building Code of Australia and Australian Standards; . ensure the Works are carried out expeditiously and with a minimum of disruption; . carry oul the Works between the hours of 7:30 AM and 5:00 PM Monday-Friday and from 8.00 AM to 12.00 PM Saturday or such other times as are reasonably approved by the strata committee. No Works are to be carried out on a Sunday or public holiday unless they are silent works (e.g. painting); . transport all construction materials, equipment and debris as reasonably directed by the Owners Corporation and keep all areas of the Building outside the Lot clean and tidy; . not allow tradespersons and contractors at any time to park on common property without the written consent of the Owners Corporation; . not dispose of rubbish and waste material in common property waste bins or skips except with the prior written consent of the Owners Corporation; . not allow waste bins or skips to be placed on or near the common property without the prior written consent of the Owners Corporation; . not cause or permit storage, mixing, preparation, cutting or any other work in connection with the works to be conducted on common property; . protect all affected areas of the Building outside the Lot from damage relating to the Works or the transportation of construction materials, equipment and debris; . provide to the strata committee at least forty-eight (48) hours prior written notice of any noisy works (e.g., jackhammering, the use of any pneumatic, rotary or powder-actuated tools) such works which may only be carried out between the hours of 9:00 AM and 12:00 PM or 1:00 PM to 4:00 PM Monday-Friday or such other times as are reasonably approved by the Owners Corporation; . ensure that the Works do not interfere with or damage the common property or the property of any other owner other than as approved in this by-law and if this occurs the Owner must rectify that interference or damage within a reasonable period of time; . provide the Owners Corporation’s nominated representative(s) access to inspect the Lot within forty-eight (48) hours of any request from the Owners Corporation (for clarity more than one inspection may be required); . observe all the other by-laws applicable to the strata scheme at all times; and . not vary the Works or their scope without first obtaining the consent in writing from the Owners Corporation and, where applicable, an Authority. 3.7 After construction 3.7.1 After the Works have been completed the Owner must without unreasonable delay: a. notify the Owners Corporation that the Works have been completed; b. notify the Owners Corporation that all damage, if any, to lot and common property caused by the Works and not permitted by this by-law has been rectified; . provide to the Owners Corporation a copy of all certifications for the Works, including but not limited to any warranties, guarantees and trade certifications; . provide the Owners Corporation with a copy of any certificate or certification required by an Authority to indicate completion of the Works; . provide (if required) the Owners Corporation with certification from a suitably qualified engineer(s) approved by the Owners Corporation that the Major Works or works required to rectify any damage to lot or common property have been completed in accordance with the Pa44g ofe 77

terms of this by-law; . provide (if required) the Owners Corporation with certification from a suitably qualified engineer(s) approved by the Owners Corporation that the Works have been completed satisfactorily and in accordance with this by-law; and . provide the Owners Corporation’s nominated representative(s) access to inspect the Lot within forty-eight (48) hours of any request from the Owners Corporation to check compliance with this by- law or any consents provided under this by-law. 3.7.2 The Owners Corporation’s right to access the Lot arising under this by-law expires once it is reasonably satisfied that clauses 3.7.1(a)-(g) immediately above have been complied with. 3.7.3 Upon satisfaction of clause 3.7.1 the Owners Corporation will refund the Bond to the Owner less any costs incurred by the Owners Corporation for or in connection with the carrying out of the Works or breach of this by-law. 3.8 Statutory and other requirements a. The Owner must: i. comply with all requirements of the Owners Corporation, the by-laws applicable to the strata scheme and all directions, orders and requirements of any Authority relating to the Works; ii. ensure that the respective servants, agents and contractors of the Owner comply with the said directions, orders and requirements; iii. ensure that the warranties provided by the Building Code of Australia and Australian Standards are, so far as relevant, complied with; and iv. comply with the provisions of the Home Building Act 1989 and all other relevant laws including but without limitation in relation to fire safety. b. The Works must: i. be carried out with due care and skill andi n accordance with the plans and specifications get out in the contract; ii, comprise materials that are good and suitable for the purpose for which they are used and must be new. 3.9 Enduring rights and obligations 3.9.1 An Owner must: a. properly maintain, replace and keep in good and serviceable repair any Works installed by them; b. properly maintain and upkeep those parts of the common property in contact with the Works; C. repair and/or reinstate the common property or personal property of the Owners Corporation to its original condition if the Works are removed orr elocated; . ensure that the Works (where applicable} do not cause water escape or water penetration to Lot or common property; . ensure that any electricity or other services required to operate the Works (where applicable) are installed so they are connected to the Lot’s electricity or appropriate supply; . indemnify and keep indemnified the Owners Corporation against any costs or losses arising out of the installation, use, repair, replacement or removal of any Works including any liabilitiyn respect of the property of the Owner; and . without derogating from the generality of clause (f) above, indemnifies and shall keep indemnified the Owners Corporation against any loss, damage to or destruction of the Works caused howsoever by the Owners Corporation, its officers, employees, contractors or agents carrying out any Essential Works where those costs would not have been incurred other than where the Owner or occupier is in breach of clause 3.11. 3.9.1 lf the dilapidation report referred to in 3.2.2(b){iv) of this by-law is obtained, the Owner and the Owners Corporation acknowledge and agree that report shall be the basis for ascertaining and determining whether any damage has been occasioned by the Works to the common property and any Lot. Pa45g ofe 77

3.10 Recovery of costs If an Owner fails to comply with any obligation under this by-law, the Owners Corporation may: a. by its agents, employees and contractors, enter upon the Lot and carry out all work necessary to perform that obligation; b. apply the Bond towards the costs incurred by the Owners Corporation to carry out that work; c. recover from the Owner the amount of any fine or fee which may be charged to the Owners Corporation: and d. recover any costs from the Owner as a debt due. 3.11 Essential Works No Owner or occupier shall refuse or restrict the Owners Corparation’s (or its officers, employees, contractors or agents) lawful entry, or access to all or any part of the Works to carry out Essential Works to the common property {at the cost of the Owners Corporation) which may be attached to, in, under or about the Works including the common property structures or services, provided that the Owners Corporation shall give prior notice to the Owner or occupier of the Essential Works (emergencies excepted). 3.12 Applicability In the event that the owner desires to remove the Works installed under this by-law (or otherwise), the provisions of Part 3 shall also apply in relation to that removal. Pa46g ofe 77