The Executive Committee

Each year around June there is an Annual General Meeting of the Owners Corporation, where we vote on the budget, elect members of the Executive Committee, who do the work voluntarily, and vote on any motions proposed by lotholders. Nominations are open for council membership at AGM. The Executive Committee meets about every three weeks throughout the year. All of these arrangements are governed by Strata Title legislation. Minutes of recent EC meetings and AGM’s are displayed for viewing on the Arts & Craft Centre notice board at the top of the stairs while collecting your mail. EC meeting dates and times are written up on the blackboard at the front gate in advance.

Billen Cliffs now also employs a managing agent - Curtis Strata (02) 6645 8666.

Welcome to new lot owners

We take this opportunity to welcome you as a new or prospective owner and it may be helpful for you to know a little about us and the services we perform on behalf of all lot owners as the executive committee of your owners corporation.
Please take time to read the following as we sincerely wish to assist in avoiding any inconvenience or adverse impact upon you in relation to your ownership of your strata title lot here at Billen Cliffs.

One of the major differences between owning a house and owning a unit (known as a “lot”) in our strata scheme is that there is common property and buildings which require maintenance and upkeep. As it is common property, the individual lot owner is not able, without permission of the owners corporation, to alter, renovate or damage these areas - including the removal of established trees. In effect, in most strata schemes or 'flats', the lot owner owns the inside of the unit but not the main structure of the building. In our case we have 500 acres of shared bushland to look after, as well as a cemetery, quarry, fire shed and several community buildings.

Here we list some information which we feel will be of assistance with regard to owning and occupying a unique strata title property here at Billen Cliffs Village.

The strata plan of your community is managed by the Executive Committee, elected each year at the Annual General Meeting. This means that everything outside your lot is maintained, repaired, replaced or renewed by the owners corporation (the name given to the group comprising all the unit owners in Billen Cliffs).

As a lot owner you are required to:

Insure the contents of your own property, particularly residences, sheds, solar panels, carpets, blinds, curtains, tanks, wallpaper, light fittings, brush cutters, mowers, pumps, public risk and all items installed by you which are not covered by any of the owners corporation insurance policies. The communal buildings and assets on the community are insured by the owners corporation. If you choose not to insure your own property, the owners corporation cannot be held liable for any loss incurred.

Not alter, damage or deface any structures or vegetation that form part of the common property without the approval in writing of the owners corporation. (By-law 5)

Not carry out a major structural alteration or construction without firstly providing a written notice describing the proposed alteration. Under the Strata Schemes Management Act 1996, Sec 116 (2), the owner of a lot must not alter the structure of the lot without giving to the owners corporation, not later than 14 days before commencement of the alteration, a written notice describing the proposed alteration.

If you seek permission to carry out any major structural work, you must firstly produce to the Executive Committee a structural engineer’s report confirming there will be no damage to or use of common property or other units. You must also obtain the written approval of the owners corporation and comply with any conditions imposed prior to commencement of the proposed works.

Prevent noise transmission from your unit by insulating or otherwise muffling any generator or equipment use to an extent sufficient to prevent the transmission of noise likely to disturb the peaceful enjoyment of the owner or occupier of another lot. (By-law 2)

Pay levies, which fall due each quarter. These are payable towards community road and building maintenance, insurance, external power, slashing, taxation, accounting, postage, building improvements and fire prevention. Levy notices will be mailed to you approximately two (2) weeks before the due date for payment. Please note that levies can only be paid in accordance with the instructions printed on the levy notice and cannot be paid at our office. Receipts for levies paid are noted on the next levy notice. Levies can be paid by electronic banking or deposit book with Commonwealth Bank. Contact the current Treasurer for details. It is your responsibility to notify our office, in writing, if for any reason you do not receive a levy notice within 3 months of the date of this correspondence and regular levy notices quarterly thereafter.

Pay interest on overdue levies. Please note that contributions are due on the first day of the quarter and a contribution, if not paid at the end of one month after it becomes due and payable, bears until paid simple interest at an annual rate of 10%; this penalty interest rate is applied in accordance with the Strata Schemes Management Act 1996 and the EC has no power to reduce or waive it. Failure to notify the EC of non-receipt of levy notices is not accepted as a valid excuse for non-payment of regular quarterly levy contributions. We recommend you diary ahead to expect a regular quarterly levy notice every 3 months. Should you fail to receive a regular quarterly contribution levy notice by the due date, you must contact the Treasurer in order that the EC may reconfirm your current mailing address and issue you with a replacement levy notice immediately. In this way you will avoid any late payments incurring interest and your owners corporation’s other costs associated with recovery of unpaid levy contributions. It is extremely important that you understand your levy contributions must be paid promptly in order to avoid additional costs. Furthermore, payments must be received at least 3 working days prior to the end of the month in which the payment falls due to ensure interest is not charged to your lot account.

Pay legal fees and expenses incurred by the owners corporation in recovering your regular quarterly levy contributions and any additional levy contributions that remain unpaid at the end of one month after becoming due and payable.

Report damage to any common property to us immediately such as water leaks through walls and ceilings, breakage of fixed glass in communal buildings and damage to roads or ecological damage so we may minimise any further damage and arrange to have repairs carried out promptly.

Give notice of leases or subleases in accordance with Section 119 of the Strata Schemes Management Act 1996, which requires all owners who lease their units to give a written notice to the owners corporation stating;
- the name of the lessee;
- the date on which the lease commenced; and
- the name of any agent acting for the owner in respect of the lease.
The notice must be given within 14 days after the lease commences. In this section, lease includes any sublease. If you need a form to give notice under Section 119 please let us know and please note the Act provides a financial penalty for non-compliance.

Give written notice of change of address for service of notices in accordance with Section 118 of the Strata Schemes Management Act 1996 which also provides that an Australian address must be provided for service of notices.

Comply with the by-laws currently in force. Please note that our strata scheme has amended the standard by-laws and created additional special by-laws. If you require a copy of any amended by-laws or additional special by-laws applying to this strata scheme please contact our office and we shall provide such information for an additional fee as prescribed by the Strata Schemes Management Act 1996.

Furthermore, please kindly note the following:

Change of address
If your address on our records is incorrect you should immediately notify Curtis Strata in writing to PO Box 551, Yamba NSW 2464. We cannot legally change your address for service of notices unless you notify us in writing of any such change.

Quarterly levy notices
Within the next three months a levy notice will be sent to you for your first instalment of quarterly levies.

Contact numbers
We strongly recommend you provide us with, in writing, your home, mobile, work telephone numbers and email address in order that we may contact you in the case of any emergency involving your lot. Be aware, if we are unable to contact you urgently, you may be exposed to unnecessary financial loss from delays suffered as a result of not providing us with your contact numbers.

Complaints
Any complaints regarding the strata scheme should be made in writing to the Secretary of the Owners Corporation. Once received, your complaint will either be attended to forthwith or tabled at the next meeting.

Correspondence and notices to the owners corporation should be forwarded to : The Secretary, Billen Cliffs Executive Committee, PO Box 9051, Rock Valley NSW 2480. Alternately you may present them in person at any EC meeting or to Curtis Strata.

Books and records of the strata scheme may be inspected by you or any other person authorised by you. You must arrange an appointment to do so at the EC office and such books and records will be made available.

The Strata Schemes Management Act, 1996 is a lengthy piece of legislation containing no fewer than 248 sections and 4 schedules and the Strata Schemes Management Regulation, 1997 consists of a further 39 pages, thus by abbreviating them into these pages, this information cannot be 100% correct for all strata plans, especially our unique configuration.

You may like to view the relevant legislation at www.austlii.edu.au and we suggest that you obtain a free copy of the Strata Living booklet from the Department of Fair Trading - Strata Titles Information, who provide free brochures and telephone assistance on 9229 6122 or www.fairtrading.nsw.gov.au

We look forward to a long and happy association with you and are happy to make available, both for your information and in compliance with the strata legislation, a copy of the minutes of the last General Meeting held for Billen Cliffs strata scheme.

 

The Executive Committee
Owners Corporation
SP 26965
Billen Cliffs Village