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Schedule

(Section 14 (4))

BYE-LAWS

1. Board of the body corporate

(1) The functions of the body corporate shall, subject to any restrictions imposed or direction given at a general meeting, be exercised by the Board of the body corporate.

(2) Subject to paragraph (3) the Board shall consist of not less than 3 nor more than 7 unit owners and shall be elected at each annual general meeting.

(3) Where there are not more than 3 unit owners, the Board shall consist of all unit owners.

(4) Except where the Board consist of all the unit owners, the body corporate may by resolution at an extraordinary general meeting remove any member of the Board before the expiration of his or her term of office and appoint another unit owner in his or her place to hold office until the next annual general meeting.

(5) Any casual vacancy on the Board may be filled by the remaining members of the Board.

(6) Except where there is only one unfit owner, a quorum of the Board shall be—
1. (a) 2, where the Board consist of 4 or less members;
1. (b) 3, where the Board consists of 5 or 6 members; and
1. (c) 4, where the Board consist of 7 members.

(7) The Board may appoint persons who are unit owners (whether or not members of the Board) to hold such offices and to perform such functions as the Board determines.

2. Meetings of the Board

(1) At the commencement of each meeting the Board shall elect a chairperson for that meeting, who shall have a casting as well as an original vote, and if any chairpersonso elected vacates the chairperson during the course of a meeting the Board shall choose in his or her stead another chairpersonwho shall have the same rights of voting.

(2) At meetings of the Board all matters shall be determined by simple majority vote.

(3) All acts done in good faith by the Board shall despite it is afterwards discovered that there was some defect in the appointment or continuance in office of any member of the Board or some technical irregularity in the Board's proceedings be as valid as if such member had been duly appointed or had duly continued in office or as if the proceedings were regular.

3. General Meetings

(1) A general meeting of unit owners shall be held within 3 months after the lodging of the Declaration for record.

(2) Subsequent general meetings shall be held once in each year. However, not more than 15 months shall elapse between the date of one annual general meeting and that of the next.

(3) All general meetings other than the annual general meeting shall be called extraordinary general meetings.

(4) The Board may whenever it thinks fit and shall upon a requisition in writing made by unit owners entitled to 25% of the total unit entitlement of the units convene an extraordinary general meeting.

(5) Seven days' notice of every general meeting specifying the place, the date and the hour of meeting and in case of special business the general nature of such business shall be given to all unit owners and registered first mortgagees (as defined in section 16(3)) who have notified their interests to the body corporate but accidental omission to give such notice to any unit owner or to any registered first mortgagee or non-receipt of such notice by any unit owner or registered first mortgagee shall not invalidate any proceedings at any such meeting.

(6) Unless it be otherwise resolved by special resolution all general meetings of the unit owners shall be held on the property.

(7) Any resolution in writing in one or more parts signed by all unit owners shall be as valid and effectual as if it had been passed at a meeting of the members duly called and constituted.

4. Proceedings at general meeting

(1) Subject to these bye-laws, no business shall be transacted at any general meeting unless a quorum of persons entitled to vote is present in person or by proxy at the time when the meeting proceeds to business.

(2) At any general meeting ½ of the persons entitled to vote present in person or by proxy shall form a quorum.

(3) If within ½ hour from the time appointed for a general meeting a quorum is not present, the meeting shall stand adjourned to the same day in the next week at the same place and time and if at the adjourned meeting a quorum is not present within ½ hour from the time appointed for the meeting, the persons present and entitled to vote in person or by proxy shall form a quorum.

(4) At the commencement of a general meeting, a chairperson of the meeting shall be elected.

5. Voting at general meeting

(1) At any general meeting a resolution by the vote of the meeting shall be decided on a show of hands unless a poll is demanded by any unit owner present in person or by proxy.

(2) Unless a poll be so demanded a declaration by the chairperson that a resolution has on the show of hands been carried shall be conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour of or against such resolution. A demand for a poll may be withdrawn.

(3) A poll, if demanded, shall be taken in such manner as the chairperson thinks fit and the result of the poll shall be deemed to be the resolution of the meeting at which such poll was demanded.

(4) In the case of equality in the votes whether on a show of hands or on a poll the chairperson of the meeting shall be entitled to a casting vote in addition to his or her original vote.

6. Votes of unit owners

(1) On a show of hands each unit owner shall have one vote.

(2) On a poll the votes of units owners shall correspond with the unit entitlement of their respective units.

(3) On a show of hands or on a poll votes may be given either personally or by proxy.

(4) An instrument appointing a proxy shall be in writing under the hand of the appointer or his or her attorney and may be either general or for a particular meeting.

(5) A proxy need not be a unit owner.

(6) Except in cases where by or under this Act a unanimous resolution is required, no unit owner shall be entitled to vote at any general meeting unless all contributions payable in respect of his or her unit have been duly paid.

(7) Co-unit owners may vote by proxy jointly appointed by them, and in the absence of such proxy shall not be entitled to vote on a show of hands, except when the unanimous resolution of unit owners is required by this Act; but any co-unit owners may demand a poll.

(8) On any poll each co-unit owner shall be entitled to such part of the vote applicable to a unit as is proportionate to his or her interest in the unit.

(9) The joint proxy (if any) on a poll shall have a vote proportionate to the interests in the unit of such of the co-unit owners as do not vote personally or by individual proxy.

7. Further powers of body corporate

The body corporate may—

(a) purchase, hire or otherwise acquire personal property for use by unit owners in connection with their enjoyment of the common property;

(b) borrow on a short term basis any moneys required by it in the exercise of its functions; and

8. Duties of a unit owner

A unit owner shall—

(a) permit the body corporate and its agents, at all reasonable times on notice (except in case of emergency when no notice shall be required), to enter his or her unit for the purpose of—
1. (i) inspecting the same and maintaining, repairing or renewing pipes, wires, cables and ducts existed in the unit and capable of being used in connection with the enjoyment of any other unit or common property,
1. (ii) maintaining, repairing or renewing common property, or
1. (iii) ensuring that these bye-laws are being observed;

(b) carry out all work that may be ordered by any competent public authority in respect of his or her unit other than such work as may be for the benefit of the building generally and pay all rates, taxes, charges, outgoing and assessments that may be payable in respect of his or her unit;

(c) repair and maintain his or her unit and keep the same in a state of good repair, reasonable wear and tear, damage by fire, hurricane, seawave, force majeure or act of God excepted;

(d) use and enjoy the common property in such a manner as not unreasonably to interfere with the use and enjoyment thereof by other unit owners or their families, visitors or employees;

(e) not to use his or her unit or permit the same to be used in such manner or for such purpose as shall cause a nuisance or hazard to any occupier of a unit (whether a unit owner or not) or the family of such occupier; and

(f) notify the body corporate upon any change of ownership or of any mortgage or other dealing in connection with his or her unit.

9. Common Seal

(1) The body corporate shall have a common seal which, subject to paragraph (2), shall at no time be used except by authority of the Board previously given and in the presence of the members of the Board or at least 2 members thereof, who shall sign every instrument to which the seal is affixed.