.

NOTICE OF COMMITTEE MEETING

CAIRNS COLONIAL CLUB RESORT – SOMERSET ROOM

18-26 Cannon Street, Manunda QLD 4870

on Friday 24th July 2020 at 2:00pm

___________________________________________________________________

AGENDA

1. Attendance Record

a. Members/BCM Representative

b. Approved LOT Owners as observers

2. Proxies and Apologies

3. Approval of Last Meeting’s Minutes – 17th January 2020

4. Business from Minutes

a. Beautification: awaiting another quote on entrance statement; syzygium baby boomers planted.

b. Repairs to road edges to be re-examined after the wet season

c. EGM planned for 14 February to update by-law section 17 did not proceed.

5. Out of Committee Meeting Minutes since 17th January 2020

a. 03/03/2020: That approval is given to the owners of Lot 24 to remove trees. Approved (6 for, 0 against, 1 no

response)

b. 19/03/20: That the BC purchase a shipping container from the owner of Lot 14 for $3000 00 for storage space in the

sewerage plant area. (5 for, 0 against, 2 no response)

c. 06/06/2020: That the BC fund ($200.00 per lot) the costs per lot for the removal of the TRC Covenant should that

removal proceed. Approved (7 For, 0 against, 0 no response)

6. Zoom Committee Workshops since 17th January

a. 30/05/2020

b. 06/06/2020

c. 13/06/2020

d. 20/06/2020

e. Future Management of Zoom Discussions

7. Additional Agenda Items

a. Subject to time constraints

8. Relevant Correspondence

a. Refer Item 10

9. Finance

a. Treasurer’s Report

b. Legal Costs

10. Standard Items of Business

a. Approvals for Building Works

i. NIL

b. Update on LOTS 281-287

i. Development is complete and sale of the LOTS has been initiated

ii. Continuing negotiations on layering, by-laws and covenants

c. Plant (water, sewerage, power)

i. Quotes for solar installation received and assessed. Funding to be considered

d. Condition of Roads

i. Minor Repairs held until post wet season

e. Beautification of Estate

f. Security of Infrastructure and Common Areas

g. Maintenance Costs

i. Costs and management of maintenance of grounds and plant

11. Specific Items for this meeting

a. Oblique request from owner of LOT 14 for an EGM to re-instate original Building Covenants

b. Letter from owner of LOT 18 on strategic directions of Estate

c. Reducing Body Corporate Levies – Letter received from LOT Owner

d. Request for fee relief from owner of Lots 281-287

e. Update on By-Law Review

12. General Business

a. Subject to Item 7

13. Action Items

14. Next Meeting

a. As advertised

b. Tentative date for AGM

15. Meeting Closed

 

Supporting Notes for Above Agenda Items

a. Oblique request from owner of LOT 14 for an EGM to re-instate original Building Covenants
 

Hi Sam,

I hope you are well.

With regards to the draft Covenants, there appears to be many areas that are over complicated and would be hard to enforce.I would not vote in favour for them.

I cannot understand why we don’t make minor changes and amendments to the current covenant document.

 The existing covenants had worked without complaint up until now.

 I therefore request:

 That the Body Corporate Committee convene an EGM to allow all owners to vote on the approval and registration of the existing building covenants with updated reference to

1.  The correction to the description that wrongly describes the front of the lots being roadside versus Lakeside ( Just an original typo ) once you correct this typo the existing doc makes a whole lot more sense.
2.  Reference to Lot 28 with amended lot plan and developer’s covenants referenced.
3. The suggested Covenant Lot 1-14 tree heights amendment and plan to be added.
4. The Amended By-Laws to be addressed once the covenants are agreed.

 I invite anybody to call me and discuss my genuine concerns I have already spent many hours with Rolf and Grant.

I hope every member of the Body Corp gets to see these comments.

Kind Regards

Chris Ford 0419781861

 

 

 

 

 

 

 

 

 

LAST COMMITTEE MEETING BELOW

Level 3, 58-62 McLeod Street, Cairns QLD on Friday 17th January 2020 at 3:00pm.

Minutes of Committee Meeting for EDGEWATER TINAROO CTS 31506

The minutes of the Committee Meeting of the Owners of EDGEWATER TINAROO CTS 31506 held at tcmstrata,

Level 3, 58-62 McLeod Street, Cairns QLD on Friday 17th January 2020 at 3:00pm.

The Chairperson declared the meeting open at 3:02pm

1. ATTENDANCE RECORD

PRESENT

Rolf Straatemeier – Chairperson

Yvette Reghenzani – Treasurer

Grant Bransgrove – Secretary

Euan Bruce – Ordinary Member

Denise Marino – Ordinary Member

Glenn Marshall – Ordinary Member

Geoff Olhom – Ordinary Member [Zoom Meeting] – Joined at 3:40pm

IN ATTENDANCE

Samantha Remmington from tcmstrata – Body Corporate Manager – [Non-Voting]

2. PROXIES AND APOLOGIES

NIL

QUORUM

A quorum was achieved

3. APPROVAL OF LAST MEETING’S MINUTES

MOTION 1: APPROVAL OF MINUTES

RESOLVED that the minutes of the Committee Meeting convened on the 26th April 2019 be confirmed as a true and

correct record of the proceedings at the meeting.

MOTION CARRIED

6 YES 0 NO 0 ABSTAIN

Voted on by: Rolf Straatemeier, Yvette Reghenzani, Grant Bransgrove, Euan Bruce, Denise Marino and Glenn Marshall

4. FINANCIAL UPDATE

Rolf Straatemeier asked the treasurer, Yvette Reghenzani to provide those present with a Financial Update, however

Yvette advised that she had not yet reviewed the report.

Due to this, the Body Corporate Manager gave a brief overview of the current financial status, and provided an update

on the current bank balance of the Body Corporate Administrative and Sinking Fund accounts, which totaled:

ADMIN: $19,012.71

SINKING: $86,858.91

The Body Corporate Manager discussed that there were two outstanding invoices for payment, which were general

maintenance, and the Caretaker Invoices for the last three months were provided within the meeting agenda.

5. STANDARD ITEMS OF BUSINESS

A] ANY APPROVALS FOR BUILDING WORKS

NIL

B] UPDATE ON LOT 28

Rolf Straatemeier asked if Euan Bruce could provide an update to the Committee regarding the development of LOTS

281-287, and Euan offered to provide this information.

Euan Bruce advised those present that the LOTS have been registered with the Department of Natural Resources and

Mines and are currently advertised for sale.

Rolf Straatemeier advised those present that on Thursday 16th January 2020, Rolf met with the Body Corporate’s

solicitor, Shane Devenish, the solicitor acting on behalf of the developer of LOTS 281-287 Michael Huelin from WGC,

and Chris Ford. Rolf advised that the solicitor for the newly developed LOTS, Michael Huelin said he would provide a

copy of the building covenants for these lots, to the chairperson for review and to provide feedback to Shane Devenish.

Once the new CMS, with the inclusion of these covenants has been registered with the Department of Natural

Resources and Mines (DNRM), each owner who purchases a LOT will receive a copy of the covenants.

A query was raised at this meeting by Rolf in relation to floodlights, and whether the new LOTS would be restricted to

using floodlights within their LOT, and it was confirmed by the solicitor, Michael that this would be reviewed.

C] CONDITION OF PLANT – WATER, SEWERAGE, POWER

Rolf advised those present that the pump system has been gradually refurbished over the last few months, and the new

pumps are working well, and are much quieter than the previous pumps.

Yvette Reghenzani queried whether the pipes were pulled out of Tinaroo Dam, and Rolf confirmed that Bekker did in

fact pull all the pumps and pipes out of the lake.

Rolf also said that the Body Corporate may see a decrease in Community Power being used because of the possible

improved efficiency of the changes made within the pumphouse.

D] CONDITION OF ROADS

It was discussed that Mandy Brits recently did some weed poisoning on the grass adjacent to the road, and it was

questioned whether further poisoning was still be actioned, as the strip of grass next to the road is turning yellow.

Grant Bransgrove confirmed that Mandy Brits was now only spot spraying weeds.

Rolf Straatemeier discussed that he had reached out to Watto’s regarding some sections of the road which are

damaged or have pot holes that need to be repaired.

Rolf advised that Watto’s suggested that the Body Corporate contact a company such as FGF to undertake the repairs

directly.

Those present discussed the possibility of carrying out the work themselves (contacting FGF directly rather than going

through a third party) as it may work out to be more cost effective. It was also discussed that perhaps patching the

damaged areas would be enough, rather than replacing.

Rolf spoke to those present and asked if anyone would be interested in taking on the project of fixing the holes in the

road, and Glenn did advise that as it is currently the wet season, the best option would be to wait until the dry season,

so the work undertaken doesn’t get washed out as soon as it is laid.

Those present discussed the issue of tree roots creating cracks in the bitumen, and it was confirmed that if the Body

Corporate want to rectify this problem, the tree roots would need to be cut out, and the bitumen replaced on-top.

E] BEAUTIFICATION OF ESTATE

ENTRY STATEMENT

Rolf provided an update to those present and advised that Peter Dalai (builder) who had originally been interested in

creating the entrance statement for the Body Corporate, has pulled out and advised that he does not want to proceed

with the work.

The original design was discussed, in which Ernest had designed the block wall with 300mm blocks, which splay out at

the sides, for architectural design.

Prior to advising the Body Corporate that he did not want to undertake the work, Peter Dalai informed Rolf that the Body

Corporate may be worthwhile considering using 200mm blocks, rather than 300mm which would reduce costs.

The size of block work was discussed by all present, and it was resolved that the Body Corporate would seek feedback

from the builder’s who are quoting to undertake the work, rather than decide themselves. Grant Bransgrove confirmed

that the builder quoting should be able to provide the Body Corporate with their preference, and what they believe will

work best for this statement.

Rolf did however state that the architect advised that the 300mm block would look better, from an aesthetic point of

view.

It was agreed that Glenn would ask the builder’s who are quoting to provide a quote on both 200mm and 300mm

blockwork.

Glenn Marshall advised those present that he had been chasing up various builders to quote on building the entrance

statement, however had not yet received any formal quotations, however, would follow this up.

Those present also discussed putting a motion on the next general meeting agenda, in relation to building the entrance

statement, however it was agreed that the Committee would wait until indicative pricing was obtained or provided before

going to all the owners.

TREES

Rolf discussed the stakes in alongside the soakage area, which are currently roughly five (5) meters away from

Barefoot Boulevard, and that these stakes should be bought forward, to approximately four (4) meters from the road.

It was discussed that residents/guests are still driving through the estate, and not on the designated roads as they

should be and are often driving through individual LOTS.

Rolf recommended that fifteen (15) “Baby Boomer” Lilly Pilly plants could be planted near the entry ways to the boat

ramp bollards to replace the stakes which had been installed there. Rolf said that these plants would need to be planted

roughly 3m apart. These plants will only grow around one metre in heights and width which would assist to provide

room for the mower to mow between them.

The Committee discussed that there are currently two local nursery’s which can supply these plants, and it was agreed

that they should be purchased as soon as possible so they can be planted during the wet season.

Glenn Marshall advised that a bobcat operator might be able to utilize his bobcat to dig the holes for the required plants,

which would be time efficient and easier than hand digging.

*It was confirmed that Baby Boomer Lilly Pilly plants be purchased.

MOTION 2: SUPPLY AND INSTALLATION OF PLANTS

RESOLVED that the Body Corporate purchase 15 baby boomer (Lily Pilly) plants and engage a bobcat operator to dig

the required holes, which will be planted on Common Property, for a cost not to exceed $500.00 inc GST.

MOTION CARRIED

6 YES 0 NO 0 ABSTAIN

Voted on by: Rolf Straatemeier, Yvette Reghenzani, Grant Bransgrove, Euan Bruce, Denise Marino, Glenn Marshall and Geoff Olholm

F] SECURITY OF INFRASTRUCTURE AND COMMON AREAS

No updates

6. SPECIFIC ITEMS WE NEED TO DISCUSS FOR THIS MEETING

VEGETATION HEIGHTS FOR LOTS 1-14

Rolf Straatemeier gave a brief history of the tree height issues, and discussed the meeting held between himself, Shane

Devenish (Devenish Law), Michael Huelin (WGC) and Chris Ford.

Rolf advised those present that solicitor Shane Devenish advised the attendees at that meeting that the Building

Covenants and Landscaping Plan were never lodged with the original CMS, through the Department of Natural

Resources and Mines, and confirmed that if they were in fact lodged, they would normally show under Schedule D of

the CMS.

Rolf made it very clear to all those present that no one was to blame, and that the Body Corporate Committee now need

to look at how to move forward, to ensure that the CMS, Covenants and Landscaping Plan can be adhered to in the

future.

Rolf advised that a request from LOT 14, Chris Ford was put forward, in relation to the By-Laws and Building

Covenants, and Chris requested that Chairperson and Secretary attempt to resolve this issue with the owners of LOTS

1 -14, by writing to specific owners who have trees causing concern.

A letter was issued to these owners from tcmstrata, and after the letter had been distributed, Chris Ford asked if Shane

Devenish (Devenish Law) and Rolf would meet with the solicitor for LOTS 281-287.

As previously mentioned, this meeting was held on the 16th January 2020, and it was confirmed by Rolf that this was a

successful meeting between the parties.

It was discussed however that as the Building Covenants and Landscaping Plan were not lodged with the Department

of Natural Resources and Mines, the Body Corporate could only act on the By-Laws listed in the CMS (Community

Management Statement).

It was agreed by all those present that in order to move forward, the By-Laws, Covenants and Landscaping Plan need

to be reviewed, and amended accordingly.

Those present however did discuss the current issue of the tree heights for LOTS 1-14, and how to resolve this issue in

a timely manner, for all those affected.

An amended By-Law, drafted by Devenish Law was presented to all those present, and it was agreed that the Body

Corporate Committee would convene an EGM, to vote on amending the current By-Law surrounding trees (By-Law

#17).

MOTION 3: CONVENTION OF EGM

RESOLVED that the Body Corporate approve the convention of an Extraordinary General Meeting*, to allow all

owners to vote on amending By-Law 17.

MOTION CARRIED

6 YES 0 NO 0 ABSTAIN

Voted on by: Rolf Straatemeier, Yvette Reghenzani, Grant Bransgrove, Euan Bruce, Denise Marino, Glenn Marshall and Geoff Olholm

*The EGM was penciled in for Friday 14th February 2020 at 3:00pm, however further notice will be distributed to all

owners in relation to this meeting.

A question was asked in relation to the timeframe to amend a By-Law, and the Body Corporate Manager gave a brief

overview of how this may look for the Body Corporate.

1. Body Corporate Committee approve the convention of an EGM

2. Body Corporate Committee call EGM, and provide a minimum of 21 days’ notice to all owners

3. Body Corporate hold EGM, and vote on applicable motions

4. The Body Corporate Manager will draft the minutes of the EGM, and provide to the solicitor, who will have three

months to lodge a new CMS with the Department of Natural Resources and Mines

It was pointed out that it normally is acted upon in a timely manner (within one month of the general meeting)

Euan Bruce advised those present that when the scheme was originally developed, a lot of thought and work went into

the landscaping plan, as well as the building covenants, and that if an owner did not agree with the rules set out in these

documents, that it shouldn’t just be disregarded.

Euan Bruce discussed the original disclosure document (which is a 73-page document that all owners should have

received when purchasing their LOT), which included the CMS, By-Laws, Building Covenants and Landscaping Plans

along with other important information regarding the scheme.

Euan did agree that a 1.2m height restriction seemed reasonable.

It was agreed that should the new By-Law pass at the Extraordinary General Meeting, that they will ensure that the By-

Law is adhered to.

7. GENERAL BUSINESS

NIL

8. NEXT MEETING

The next meeting of the Body Corporate will be the Extraordinary General Meeting on the 14th February 2020*

*This is only a tentative date, and further confirmation will be sent to all owners in due course.

9. MEETING CLOSURE

The Chairperson declared the meeting closed at 4:09pm

 

 

 

 

EDGEWATER TINAROO CTS 31506
COMMITTEE MEETING MINUTES – 17TH JANUARY 2020 6
Rolf advised that a request from LOT 14, Chris Ford was put forward, in relation to the By-Laws and Building
Covenants, and Chris requested that Chairperson and Secretary attempt to resolve this issue with the owners of LOTS
1 -14, by writing to specific owners who have trees causing concern.
A letter was issued to these owners from tcmstrata, and after the letter had been distributed, Chris Ford (Correction Rolf asked ) asked if Shane
Devenish (Devenish Law) and Rolf would meet with the solicitor for LOTS 281-287.
As previously mentioned, this meeting was held on the 16th January 2020, and it was confirmed by Rolf that this was a
successful meeting between the parties.
It was discussed however that as the Building Covenants and Landscaping Plan were not lodged with the Department
of Natural Resources and Mines, the Body Corporate could only act on the By-Laws listed in the CMS (Community
Management Statement).
It was agreed by all those present that in order to move forward, the By-Laws, Covenants and Landscaping Plan need
to be reviewed, and amended accordingly.
 

Those present however did discuss the current issue of the tree heights for LOTS 1-14, and how to resolve this issue in
a timely manner, for all those affected.
An amended By-Law, drafted by Devenish Law was presented to all those present, and it was agreed that the Body
Corporate Committee would convene an EGM, to vote on amending the current By-Law surrounding trees (By-Law
#17).
 

MOTION 3: CONVENTION OF EGM
RESOLVED that the Body Corporate approve the convention of an Extraordinary General Meeting*, to allow all
owners to vote on amending By-Law 17.
MOTION CARRIED
6 YES 0 NO 0 ABSTAIN
 

Voted on by: Rolf Straatemeier, Yvette Reghenzani, Grant Bransgrove, Euan Bruce, Denise Marino, Glenn Marshall and Geoff Olholm
*The EGM was penciled in for Friday 14th February 2020 at 3:00pm, however further notice will be distributed to all
owners in relation to this meeting.
A question was asked in relation to the timeframe to amend a By-Law, and the Body Corporate Manager gave a brief
overview of how this may look for the Body Corporate.
EDGEWATER TINAROO CTS 31506
 

 a. 03/03/2020: That approval is given to the owners of Lot 24 to remove trees. Approved (6 for, 0 against, 1 no
response) 

 

What’s Happening at Edgewater Tinaroo – Update for owners

On Friday 24 July 2020, the body corporate committee met at the Cairns Colonial Club and discussed a range of issues.  Below is a shortened version of what was discussed. Detailed minutes will be sent out soon.

Service Contractor

Since the body corporate committee meeting, the service contractor for the estate, Bekker Brits, has withdrawn his services.  We have appreciated the work that Bekker and Mandy have done for the past 3½ years.  Bekker will continue to reside on the estate and has advised Euan that he will email owners regarding continuation of private mowing arrangements. 

Geoff Olham and Glenn Marshall will be the point of contact with any maintenance contractors for the estate in the future.  They will be referring to the treasurer with recommendations for the maintenance budget for 2020-21.  They will also be developing a scope of works for maintenance and a service contractor’s agreement to ensure that the Body Corporate conforms with the obligatory requirements of the Body Corporate and Community Management Act (BCCMA). The committee will take steps to ensure that replacement contractors are engaged as soon as possible.  For those owners who would like to obtain a private quote to mow their blocks (including exclusive use areas) from the new mowing contractor, please advise Geoff Olholm. 

Please note that the new mowing contractor will continue to mow the street frontages, but will not be mowing exclusive use areas as per the requirements in the by-laws. 

Storage

The body corporate is in the process of purchasing a shipping container to store the estate’s equipment.

Zoom Discussion Workshops

Given the restrictions regarding COVID-19, the Committee has held four Zoom discussion workshops over the past few months.  These discussion workshops were used to develop solutions for specific issues facing the body corporate, eg review of covenants, review of by-laws and new lots 281-287 coming into the scheme.  When we have future Zoom discussion workshops, we will be sending out a short précis of what is discussed to lot owners and the result of any ‘out of committee’ (OCM) motions that are voted on. 

We now have a licence for Zoom, which is available for all owners to video conference estate business.  If you would like more information, please contact Rolf on 0474 964 497.

Out of Committee Motions

• 27 July 2020:  That the Committee arrange for Wayne Gill of Recycle Water Solutions to run a training session on the operation and maintenance of the sewerage infrastructure at a cost of $880.00. Approved by the Committee: 7 votes for, nil against, nil abstentions.
• 28 July 2020: Request from Lot 7 seeking Committee approval to construct a lightweight timber deck on the lakeside of the dwelling. TRC requirements are that any such construction must be removable at the expense of the owner to enable access to sewer lines. Approved by the Committee: 6 votes for, nil against, one abstention.

 

Budget for 2021-22 and Contribution Levels

Treasurer Yvette is currently reviewing all costs for presentation to the forthcoming AGM. 

Insurance for the estate has increased from around $10,000 to $12,000.  It is our intention to conduct a full review of insurance prior to next financial year.

When the budget has been estimated for next year, 2020-21, we will be examining if the contribution rate can be decreased should savings be achieved. 

It should be noted that with the seven new blocks, there was a decrease in the contribution rate for 2019-20.

Energy Efficiency

We have a team of three, Denise Marino, Yvette Reghenzani and Geoff Olholm, who have done an outstanding job examining whether we can reduce our energy footprint.  They will be reporting in the near future as to whether we construct a solar farm on the estate.

Covenants and By-laws

The TRC Council Covenant over the estate includes a clause which states that owners are not permitted to live on the estate unless they are undertaking a ‘tourist activity’.  Thank you to those owners who responded to our request to sign a letter to Council to remove this clause.  Your responses have been sent to Tablelands Regional Council who will reply in due course.

The review of the estate’s building covenants and by-laws by solicitor, Shane Devenish, has all but been completed.  At Friday’s meeting, we voted in the affirmative to take these documents to the owners at an Extraordinary General Meeting (EGM) in the coming weeks.

Legal Expenses in 2020-2021

This year, the body corporate committee allocated funds for legal expenses (not budgeted for) with regards to:

• The review of the Building Covenant
• Review of the By-laws
• Working with Tablelands Regional Council to modify or remove the Council Covenant with regard to residing on the estate.
• Working with Sunwater in an endeavour to obtain a licence over the Sunwater Land on the estate. 

Unfortunately, the approved estimates of the original costs which we were given by Shane Devenish of Devenish Law were exceeded due to extraneous circumstances.  Even though the estimates were exceeded, they were necessary to resolve some of the unanticipated issues; for example, one issue was a question over the enforcement by the body corporate of the original developer’s covenant over the estate.  The committee is working towards ensuring that all legal expenses are minimised.

New Lots 281-287

The Committee is examining a proposal by the developer of the new Lots 281-287 in relation to the commencement of contributions paid on five of the blocks. The proposal from the developer is similar to agreements between developers and local councils where the rates on a subdivision lot are not payable until after a lot is sold to an initial owner.  We voted to take this proposal further via an EGM of owners.

 

OTHER NEWS

New Street Signs

If you have not been to the estate for a while, next time you arrive, look out for our new, fully reflective street signs.

Tinney Close - Opening of Tinney Close in honour of the Tinney family, Reg, Betty, and their son who tragically passed away a number of years ago.   One of the new reflective street signs is shown.

Baby Boomers

We have planted 70 Baby Boomer Dwarf Lilly Pillies to define the soakage and other common areas, to discourage vehicles from driving over these areas.