- PART 1: PERSONAL SAFETY
- PART 2: GENERAL
- Building Work
- Behaving Responsibly on Common Property
- Rubbish Removal
- Car Parking
- Car Wash Bay
- Bike Room
- Storage Cage
- Replacement Keys
- Mornington’s Visual Appearance
- Courier and Post Deliveries
- Delivery of Large Items
- Moving In or Out
- PART 3: CONTACT DETAILS
- Mornington Strata Committee (SC)
- Professional Services
- Precinct Representative
- Breakfast Point Community Association (CA)
- PART 4: UTILITIES & SERVICES
- BILLED DIRECTLY
- INCLUDED IN YOUR STRATA LEVY
- INCLUDED IN YOUR PURCHASE CONTRACT
- PART 5: MORNINGTON FINANCES
- ANNEX A: GOVERNANCE & BY-LAWS
- Common Property
- Introduction to the Mornington By-laws
- ANNEX B: BUILDING INSURANCE
- ANNEC C: CAPITAL WORKS PLAN
- ANNEX D: FINANCIALS
This Mornington Residents’ Guide is in five parts plus a number of Annexes. Clicking on any heading in the Table of Contents will take you straight to the information being sought.
- Part 1: Personal Safety. Fire and window and balcony safety
- Part 2: General: General guidance to harmonious Strata living in the Mornington Building.
- Part 3: Contact Details: Details that change over time – such as contact information for your Strata Committee members and professional service providers.
- Part 4: Utilities & Services: Utilities and services that are either free (ie free-to-air TV feed), billed directly by a service provider (eg electricity); or billed as part of your Strata levy (eg, rubbish removal).
- Part 5: Mornington Finances: Guidance to Owners on finances and levies.
PART 1: PERSONAL SAFETY
The smoke alarms in your apartment are mains powered but have a battery back up. The batteries are not recharged automatically and should be changed by the Owner each year regardless of their state.
If smoke is detected in the Mornington’s building, an alarm will sound and the smoke doors on each floor will close.
All residents should immediately head for their nearest emergency evacuation exit as shown on the following plan.[Evacuation Plan]
Click here to download copy of the Plan which you should consider keeping in a prominent place in your apartment.
Window & Balcony Safety
Each year, around 50 children fall from windows or balconies in Australia. Many suffer serious injuries or worse, these falls can be fatal. Some things to consider
- Don’t be fooled by fly screens, they are designed to keep insects out, not your kids in.
- Keep furniture away from windows and the edge of balconies to prevent children climbing up and falling off. Beware of light furniture that children can move around.
- Use the supplied window locks on all above ground floor windows within a child’s reach. When the safety device is engaged, it should not open more than 12.5cm.
Strata regulations require all above-ground windows to be equipped with window locks that can limit the amount a window can open. All of Mornington’s apartments have been issued with window locks. They look like this
PART 2: GENERAL
Living in close proximity with others, and sharing common property, requires adherence to a number of common sense principles which have been embodied in a set of By-laws (See Part 4 of this Guide) whose language can appear quite intimidating.
Understanding and acting in accordance with the following principles is generally all that is required to create an harmonious Strata living environment.
- Being conscious of the effect on your neighbours of loud noise within your apartment (eg, music; social gatherings, children playing; dogs barking).
- Preventing smoke from cigarettes, vaping etc, from drifting into another apartment or common property.
- Upholding the Breakfast Point Community visual appearance standards
- Behaving responsibly on common property
- Treating common property as if it were your own (eg, keeping lobbies, lifts, corridors, car park and rubbish bin areas clean and tidy).
Some more specific guidance is provided below. It is recommended reading but cannot be a substitute for the official By-laws.
The SC should be notified of all renovation and building work, with specific approval required for all but cosmetic works. Further guidance on the interpretation of the relevant Clause in the By-laws can be found at this heading in the Guide. A Form requesting such approval can be obtained from the SM
During building work, please do not leave building materials anywhere in common areas and any dust/dirt should be cleaned up at the end of every day. Contracted builders/tradesman must be made aware of this. lt is an owners’ responsibility to ensure that they comply.
Behaving Responsibly on Common Property
Please consider others by dressing appropriately; keeping your voice down; your language civil; and young children and pets under control
Definitely no running, bike riding, skateboarding or scooters in common areas! Please do not allow doors to slam.
Smoking is not allowed in common areas, such as entry foyer, hallways, lift, stairs or basement. lf you smoke on your terrace/balcony you must ensure that no smoke travels to other residents’ apartments.
Please dispose of ash and butts appropriately. Residents in upper floors should not discard material into ground floor gardens or terraces.
Please obtain approval from the SC before introducing any pet into your apartment. A Form to request such approval can be obtained from the Strata Manager (SM)
Please place putrescent rubbish in double bags and take it to the bin room in a leak proof container where possible.
Please see notes in the bin room for further explanation. White polystyrene used for packaging should be broken up and placed in red bins. Cardboard boxes should be cut up prior to placing in yellow bins.
Please do not use the bin room for the dumping of unwanted furniture, whitegoods etc. There are regular Council collections that can help. Please see City of Canada Bay website for further information. Please note that any costs associated with the SC having to remove unwanted goods will need to be recovered from Owners.
Please park only in your allocated car spaces in the basement. Please note that only one vehicle per car space is permitted.
Drive slowly in the basement and please be considerate and cautious towards all residents and children.
Please do not leave, store or keep anything other than your car or motor bike in your allocated car spaces unless approved by the SC.
Car Wash Bay
Please use the car wash bay appropriately and follow displayed instructions. Please clean up excess water after use.
Under no circumstances should residents or guests park overnight in the car wash bay.
Please store bikes in the bike room (northern end of basement) or inside your designated storage cage
Please keep all cages or approved storage units tidy with goods kept clear of sprinkler heads.
lf you lose your apartment key, fob, letterbox key or garage door button please report it to the Building Manager immediately.
Mornington’s Visual Appearance
Please do not hang washing, clothing, bedding or towels on balconies, fences or terrace furniture.
All window coverings (blinds, shutters and curtains) must be white in colour when viewed from outside
Courier and Post Deliveries
Couriers and Australia Post delivery persons will generally call an Owner or tenant to be let into the lobby to deliver items. Please do not let anyone in unless they have a package for you or are known to you.
Delivery of Large Items
All deliveries of furniture/white goods etc must come via the lift through the basement and not the front door on Level 1.
Please contact the Building Manager in advance to ensure lift covers are installed prior to any move or large delivery.
Moving In or Out
All major moves (moving in or moving out) will require prior arrangement with the Building Manager (BM) and the payment of a “bond”.
The bond will be held by the BM and returned after the BM has inspected lifts, corridor walls, etc. to ensure no damage has taken place as a result of the move. Removalists must be made aware of this and instructed to take care at all times during the move. Lift covers must be in place prior to any move.
Please ensure that removalists and delivery drivers do not park in the wash bay or the area adjacent to the lifts and bin room. Residents with car spaces nearby CANNOT move their cars easily in or out if this occurs.
Please contact the BM if you wish to allow contractors to use your car space. This is to ensure that the BM is aware of non-Owner activity within the building at all times. For the same reason, all work persons are required to log into the building using the logbook at the garage entrance.
Please ensure that removalists are respectful of other residents and carry out their work professionally.
lf your lease has ended or you have sold the apartment, please ensure that no items are left behind in corridors, car spaces or the bin room.
PART 3: CONTACT DETAILS
Mornington Strata Committee (SC)
The Mornington Strata Committee is a group of owners who own Lots within Mornington and volunteer their time to work together with Strata and Building Managers to ensure that residents’ expectations are met with regard to acceptable community living standards.
SC meetings are generally held every couple of months. Owners and tenants are also welcome to attend these meetings. Agendas will be emailed and/or displayed on the Noticeboard outside the lift in the Basement level (B1) prior to each meeting. Minutes will be emailed to all residents after each meeting; pinned to the Noticeboard, and posted on this website.
The current contact list for Mornington SC members is on permanent display on the Noticeboard in the Basement.
|Chair||Darren McGillicuddy||0402 814 820|
|Treasurer||Alex Deligianis||0412 672 777|
|Secretary||John Clarke||0419 437 474|
|Member||Carol Kendall||0419 830 851|
|Member||John Phillips||0419 830 851|
The SC employ professional Managers to help them with the administration, operation and maintenance of your building. Their contact details are pinned on the Noticeboard.
Owners are encouraged to direct queries concerning the building to the Secretary rather than directly to the appropriate Manager
The Building Manager is responsible for all common property matters including malfunction of equipment; lift covers; building operation, cleanliness, maintenance, illumination, and safety
|Chad Darkefirstname.lastname@example.org||0482 884 150|
The Strata Manager is responsible for all other matters, including strata issues regarding pets, noise, applications etc, tenants should consider contacting their real estate agents for any advice of this nature.
|NAME||Phone (Daytime)||MOBILE (After Hours)|
|Annais Leonard||02 9743 2359||0432 492 299|
Each building, or group of buildings within the Breakfast Point community scheme, elects a person to represent their interests in the Community Association (CA).
Mornington is within a Precinct Association which also includes Burgundy Hill and the Vineyards North Town Houses. More information regarding Breakfast Point governance arrangements are provided in Part 2 of this Guide.
Our Precinct Representative is elected by the Burgundy Hill SC which has many more Lots than either Mornington or the Town Houses.
Breakfast Point Community Association (CA)
All issues related to the overall community of the Breakfast Point Country Club, the Community Hall, the Village Green
or anything else within Breakfast Point NOT the responsibility of other Associations and Owners Corporations (eg, foreshore gardens and roads) should be addressed to the CA’s General Manager (??? Estate Manager)
PART 4: UTILITIES & SERVICES
Major utilities and services are provided and billed directly to Owners by the Service Providers. Other services are either included in your purchase contract, or paid for by the Owners’ Corporation with the costs distributed to Owners as part of their levy.
Each apartment’s total electricity usage is measured by individual meters contained in the “Electrical” cupboards in the corridor on each floor.
If a Supplier requires access to their meters, they need to request a key from the Building Manager and register their visit in the logbook at the garage entrance.
The electrical switchboard in your apartment contains a number of labelled circuit breakers that protect and isolate power circuits. Should any trip to the “Off” position it probably means that something (eg an appliance such as an electric jug or toaster) connected to that circuit has a problem.
DO NOT simply try to reset the circuit breaker. Remove the suspicious appliance and then reset the circuit breaker. Should you feel uncomfortable in any way with what has caused the circuit breaker to trip, please consult a qualified electrician before proceeding any further.
The operation of the circuit breakers protecting the main power and lighting circuits should be tested regularly to check that they are operating correctly. There is a Test button on each for this purpose.
Your gas bill will show gas usage readings from two meters.
- Apartment Meter. This meter measures the amount of gas used in your apartment (stove, heating, etc): The meter will be in a cupboard usually adjacent to your stove
- Central Hot Water System Meter: Hot water is distributed to all apartments from a common property facility in the basement.
- The central system has both a water meter and a gas meter to measure the total water and gas volumes used for the whole building
- The individual apartment has a water meter (generally underneath the laundry sink) that measures the volume of hot water the apartment uses.
- The apartment gas bill for hot water is based on the total gas used and the volume of hot water the individual apartment uses as a proportion of the total hot water used
Apartment Gas Cost = Apartment Water Volume/Total Water Volume x Total Gas Volume x Energy Cost.
Canada Bay Council (CBC) bills each Owner for Rates and rubbish removal (see below)
Rubbish collection is performed by CBC, with bins located in a basement room adjacent to the lift. Bins are emptied at the end of each week.
- Red bins are for general garbage,
- Yellow bins are for recycling,
- Green bins are for garden waste.
Sydney Water bills each Owner a quarterly fixed sum for their waste water (sewerage) service. NOTE: The cost of the water used in each apartment is included in their Strata Levy.
The NBN broadband service is available to all apartments. Owners may be asked to nominate the telephone outlet they want their broadband service connected to.
There are multiple Telephone/Broadband, Pay TV outlets in all apartments which are cabled to distribution boards in the “Comms” cupboards in the corridor on each floor.
If a visit is required by a Supplier to connect your service, they will have to request a key to the Comms cupboard.
INCLUDED IN YOUR STRATA LEVY
The following services are provided either directly or indirectly by the OC. Specialist contractors are selected and engaged by the SC with costs divided amongst Owners according to their Unit Entitlement and included in their Strata Levy.
Insuring the Mornington building is one of the largest single expense items in the SC’s Administrative Fund budget.
It covers, amongst other things, the costs of replacing the building; temporary accommodation or loss of rent; and a sum for loss of an apartment’s fixtures and fittings (eg, ovens, fridges, sinks, kitchen fittings etc.). A copy of the current policy features can be found at ANNEX B
Sydney Water bills the OC for all water used in the building. There are no individual water meters measuring water usage in individual apartments.
Inspections of all fire safety infrastructure and appliances are carried out in accordance with all current regulatory provisions. This includes regular testing of the smoke alarms and the fire intercom system.
Rubbish collection is performed by Canada Bay Council, with bins located in a basement room adjacent to the lift. Bins are emptied at the end of each week.
- Red bins are for general garbage,
- Yellow bins are for recycling,
- Green bins are for garden waste.
The gardens surrounding the building are maintained on a regular basis by professional gardeners . Owners occupying ground floor apartments are responsible for the cost of maintaining their own gardens and hedges.
Building Cleaning and Maintenance
The OC is responsible for the cleaning and regular maintenance of all common property, and for the timely replacement of its constituent parts as they reach the end of their service life.
This includes regular weekly cleaning of corridors, lobbies and the car park.
INCLUDED IN YOUR PURCHASE CONTRACT
A large number of services and appliances were included in your purchase contract. Many of these, including instruction manuals and a list of finishes and cleaning and maintenance instructions, are described in a large Owners Operation and Maintenance Manual that was provided to all of the original Owners.
Free-to-air TV Channels
Free to air channels are distributed from a communal TV antenna throughout the building. See the Communications outlet photographs for location of socket.
Mornington was built to the highest fire safety standards of the day. The OC has ensured that the building and its safety equipment continues to comply with current standards.
Apartment walls shared with another apartment or common property are provided with extra fire insulation properties, and the building itself is divided into three fire zones isolated by smoke doors.
One cage per apartment is provided in the basement for the secure storage of items.
Car parking space is provided in the basement garage for each apartment.
All enclosed spaces such as bathrooms and laundries are ventilated by a ducted fan system. The system maintains each space at a negative pressure.
Please advise the Building Manager if the system stops working.
The air conditioning equipment installed in apartments when Mornington was built is described in the Owners Operation & Maintenance Manual – including detailed instructions on how to operate them.
A room for bike storage is located in the Northern end of the basement
Car Wash Facility
A car wash bay is located in the basement adjacent to the lift lobby.
A lift servicing all three residential floors and the basement garage.
An intercom system allowing visitors to request entry from individual apartment Owners.
Building & Apartment Security
Each Owner should have been provided with the following security devices
- 2x Apartment keys; These allow access to your apartment entry door, lobby arae, basement level and fire stair doors in the Basement level at the bottom of the stairs at each end of the building.
- 3x Fobs. These are programmable proximity keys which will allow remote control entry to
- the main lobby of the building. The Fob reader is adjacent to the Intercom
- the Breakfast Point Country Club
- 1x Remote controller per car space to operate the car park garage door
- 2x Mailbox keys
- 2x Aluminium sliding door and window keys per sliding door/window
PART 5: MORNINGTON FINANCES
The process of sharing the cost of administering a Strata building, and putting aside the capital required to keep it in good condition, is explained in this page on the NSW Fair Trading website. A summary of the most important documents details follows.
Capital Works Plan
This is a forecast of the cost of capital works each year required to maintain the building and provide for replacements over at least a 10 year period. The purpose of this Plan is to enable the Owners Corporation to make adequate monetary provision for future common property replacements and major repair items. A copy of the current Plan can be found at Annex C
Capital Works Fund
This Fund contains the capital required by the Capital Works Plan.
The capital required for the next financial year is estimated by the SC and contained in an annual budget requiring approval by the Owners Corporation (OC) at an AGM. The current budget can be found at Annex D
This Fund is used to manage the day-to-day expenses of running the building, including maintaining the common property. These include insurance; building and strata management; Precinct and Community Association levies; cleaning; gardening; and water usage.
The expenses required for the next Financial Year are estimated by the SC and contained in an annual budget requiring approval by the OC at an AGM. The current budget can be found at Annex D
When Mornington was built, its cost was divided into 1000 Units of Entitlement (or ownership shares) which were then allocated between the 30 apartments in proportion to their size/cost. Unit Entitlements per apartment range between 27 and 43.
These are the share of the total combined cost of the Capital Works and Administrative Fund budgets, borne by each Owner per Financial Year.
Your apartment’s Unit Entitlement and levy can be found in the Proposed Levy Schedule towards the end of the Financials report at Annex D. The Levy is calculated as follows.
ANNEX A: GOVERNANCE & BY-LAWS
Strata title legislation was introduced into NSW on the 1 July 1961- a world first. Strata enabled
owners to have a property that shared common walls and facilities (common property) and therefore to be able to
afford far more together than they could alone. It also opened up the possibility of home ownership
for many who could previously not afford it as well as a new market for investor owners.
Since 1961, regulation has increased to keep pace with the complexity of community living, and is expressed in a series of Strata by-laws which are legally binding on Owners. All residents of Mornington (ie Owners and tenants) are expected to comply with its by-laws. This a link to advice provided by the NSW Office of Fair Trading on Strata By-laws
A copy of the Mornington By-laws should have been made available to you by your solicitor at purchase, or from your rental agent at the time of signing your lease. If you require a copy please contact the Strata Manager or the Secretary of the SC.
You can also search the Mornington By-laws and download your own copy by clicking on this link
By-laws are often complex and may seem quite daunting – especially to Owners who are moving into a strata arrangement for the first time. Whilst this introduction is intended to assist understanding of some of the clauses that might most directly affect Owners, it cannot be a substitute for the official record.
The concept of “Common Property” is key to the understanding of Strata by-laws. This is because any activity by an owner which impacts on common property in any way is considered to be an activity affecting property shared by all Owners. The activity therefore has to be regulated in a way that allows all Owners to be both aware of any such activity, and to be part of a legal process to ensure that, to the greatest extent possible, none are adversely impacted by it.
According to BANNERMANS LAWYERS, the basic definition of “common property” is all the areas of the land and building not included in any lot. To be precise, the common property boundaries of each lot are essentially formed by the upper surface of the floor, under surface of the ceiling and inner surface of the external or boundary walls including doors and windows. Items including pipes and electrical wiring that service multiple lots, and magnesite finish on the floor are usually part of the common property. Accordingly, when a lot owner needs to use part of the common property for their renovation works, they must get approval through a common property rights by-law.
Introduction to the Mornington By-laws
Building Works & Alterations (Clause 15)
Almost any decorating or renovation work that an Owner might wish to do within their own Lot has the potential to impact on common property. The risk of financial penalty and even litigation should something go wrong is very real, and that is why the By-laws covering building works and alterations are so important to understand.
Even a project as simple as fixing a shelf to a laundry wall can become a disaster if a fixing screw punctures a water pipe behind the wall.
SC members have the experience to guide Owners in this area, and it is recommended that their advice be sought before any work of any kind is contemplated. It is also important to recognise that work having the potential to impact on common property must be carried out by a suitably qualified or licensed person.
Building works and alterations are divided into three categories as follows
Cosmetic Works only require notice to the SC that they are being carried out and include
- installing or replacing hooks, nails or screws for hanging paintings and other things on walls
- installing or replacing handrails
- filling minor holes and cracks in internal walls
- laying carpet
- installing or replacing built-in wardrobes
- installing or replacing internal blinds and curtains
- wallpapering walls and other surfaces within the lot
- repair and replacement of window and door jambs, locks and handles
- sanding, staining and polishing existing floor boards installed on the lot
- replacing bathroom, kitchen and laundry tapware or other removable items
It is good practice to check with an SC member before undertaking any DIY or tradesperson work in your apartment.
Minor renovations require prior written approval from the SC, and include
- renovating a kitchen
- changing recessed light fittings
- installing or replacing wood or other hard floors
- installing or replacing wiring or cabling or power or access points
- work involving reconfiguring walls (excluding structural or load bearing walls)
- removing carpet or other soft floor coverings to expose underlying wooden or other hard floors
- a rainwater tank
- a clothesline
- a reverse cycle split system air conditioner
- a heat pump
- any other type of air-conditioner/system
- double or triple glazed windows
- ceiling insulation
- false ceilings
- security systems / alarms
- fixtures to internal surfaces of common property walls
- Foxtel or PayTV connection
- new plumbing, gas and electrical equipment and services
- induction cooktops or other heavy power use items.
Structural Building Works
Structural building works have the potential to affect the structural integrity of common property and therefore require prior written approval from the Owners Corporation. They and include all work not covered by the other two categories.