Common use of REGULATED EXCLUSIVE USE AREAS Clause in Contracts

REGULATED EXCLUSIVE USE AREAS. 3.1. Exclusive Use Areas, as set out in Annexure 1 to this Building Management Statement, and the rights and obligations of Owners in relation to these are set out in the District Jointly Owned Property Declaration and the JOP Law. However, because these rights and obligations could be changed by Special Resolution to the detriment of one or other Use, it is desirable in the case of the Regulated Exclusive Use Areas that no such changes take place without due process being followed. 3.2. Furthermore if Owners comprising the Profited Units will be exclusively entitled to use the Regulated Exclusive Use Areas then they should pay for the costs of the Exclusive Goods and Services associated with the same. 3.3. If the Owners of the Profited Units pay for the Exclusive Goods and Services in relation to, and are exclusively entitled to use, the Exclusive Use Areas, then it is also equitable that the Owners comprising the Use that does not benefit or pay the costs of the same are not able to vote on any resolution in relation to these Exclusive Use Areas or Exclusive Goods and Services unless the proposed resolution would be of material detriment to the Owners comprising the Use that does not benefit. 3.4. By way of example of the principles outlined in paragraphs 3.2 and 3.3: (a) The swimming pool is a Regulated Exclusive Use Area and will only be used by the Residential Units and accordingly: i. No changes should be made to the District Jointly Owned Property Declaration that would make the Retail Unit Owners (if any) responsible for the costs of Exclusive Goods and Services provided in relation to the swimming pool. DRAFT ii. As the Retail Unit Owners (if any) do not use and will not pay the costs associated with the swimming pool, the Retail Unit Owners (if any) should not be entitled to vote on resolutions relating to the use of the swimming pool unless the passing of the resolution would cause material detriment to the Retail Unit Owners. Such rights are set out in the Use Rights and Obligations. 4. MANAGEMENT OF BUILDING COMMON AREAS, COMMON GOODS AND SERVICES, REGULATED EXCLUSIVE USE AREAS AND EXCLUSIVE GOODS AND SERVICES 5. LIABILITY FOR SERVICE CHARGES RELATING TO BUILDING COMMON AREAS, COMMON GOODS AND SERVICES, EXCLUSIVE USE AREAS AND EXCLUSIVE GOODS AND SERVICES 5.1. The Weighting Assessment as set out below and use this as the basis for assessing the Service Charges payable by each Owner: (a) Step 1: The budgeted charges for the Building shall be assessed for all services and Reserve Fund items excluding any goods and services or Reserve Fund items applying to the Regulated Common Areas, Common Goods and Services, Regulated Exclusive Use Areas and Exclusive Goods and Services.‌ (b) Step 2: The charges as assessed in Step 1 shall form the base Service Charges payable by all Owners and added to all Service Charge statements. (c) Step 3: The budgeted charges for each Regulated Common Areas, Common Goods and Services, Regulated Exclusive Use Areas and Exclusive Goods and Services shall then be assessed for all goods and services or Reserve Fund items as may be set out in Annexure 2 to this Building Management Statement. (d) Step 4: The charges as assessed in Step 3 shall then: i. in the case of Exclusive Goods and Services or Exclusive Use Areas, be added to the Service Charge statements of the Profited Units in proportion to the Entitlement of each Unit as this forms part of the total Entitlement of the Profited Units; ii. in the case of Regulated Common Areas or Common Goods and Services, be divided in the Proportions between the Profited Units comprising each Use; and then iii. be added to the Service Charge statement of each of the Units comprising the Use in proportion to the Entitlement of each Unit within that Use as this forms part of the total Entitlement for all units comprising that Use. 5.2. All Owners shall pay Service Charges in accordance with the Applicable Law, JOPD and this Building Management Statement. 6. CREATING AND REMOVING OR VARYING REGULATED COMMON AREAS, COMMON GOODS AND SERVICES, REGULATED EXCLUSIVE USE AREAS AND EXCLUSIVE GOODS AND SERVICES 6.1. The information contained in the Use Rights Schedule is based on certain assumptions. Accordingly, variations may need to be made to the Use Rights Schedule if in practice these assumptions prove to be incorrect or become out of date. DRAFT 6.2. Without limiting the foregoing, the following may be varied by approval of the Relevant Authority as per the provisions of the Applicable Law: (a) the Regulated Common Areas by adding, varying or removing the same; (b) the Common Goods and Services by adding, varying or removing the same; (c) the Use Rights and Obligations by adding to, varying or removing the same;‌ (d) the Proportions; (e) the Contribution Principles; and (f) the terms of this Building Management Statement. 6.3. It is acknowledged that until the first few years of operation it may be difficult to assess fair Proportions in relation to Regulated Common Areas. Accordingly the Use Rights Schedule and Proportions will be reviewed on an annual basis for the first three (3) years and thereafter every two (2) years and reapportioned pursuant to the approval of the Owners Committee having regard to actual use and benefit derived.

REGULATED EXCLUSIVE USE AREAS. 3.1. Exclusive Use Areas, as set out in Annexure 1 to this Building Management Statement, and the rights and obligations of Owners in relation to these are set out in the District Jointly Owned Property Declaration and the JOP Law. However, because these rights and obligations could be changed by Special Resolution to the detriment of one or other Use, it is desirable in the case of the Regulated Exclusive Use Areas that no such changes take place without due process being followed. 3.2. Furthermore if Owners comprising the Profited Units will be exclusively entitled to use the Regulated Exclusive Use Areas then they should pay for the costs of the Exclusive Goods and Services associated with the same. 3.3. If the Owners of the Profited Units pay for the Exclusive Goods and Services in relation to, and are exclusively entitled to use, the Exclusive Use Areas, then it is also equitable that the Owners comprising the Use that does not benefit or pay the costs of the same are not able to vote on any resolution in relation to these Exclusive Use Areas or Exclusive Goods and Services unless the proposed resolution would be of material detriment to the Owners comprising the Use that does not benefit. 3.4. By way of example of the principles outlined in paragraphs 3.2 and 3.3: (a) The swimming pool is a Regulated Exclusive Use Area and will only be used by the Residential Units and accordingly: i. No changes should be made to the District Jointly Owned Property Declaration that would make the Retail Unit Owners (if any) responsible for the costs of Exclusive Goods and Services provided in relation to the swimming pool. pool.‌ DRAFT ii. As the Retail Unit Owners (if any) do not use and will not pay the costs associated with the swimming pool, the Retail Unit Owners (if any) should not be entitled to vote on resolutions relating to the use of the swimming pool unless the passing of the resolution would cause material detriment to the Retail Unit Owners. Such rights are set out in the Use Rights and Obligations. 4. MANAGEMENT OF BUILDING COMMON AREAS, COMMON GOODS AND SERVICES, REGULATED EXCLUSIVE USE AREAS AND EXCLUSIVE GOODS AND SERVICES 5. LIABILITY FOR SERVICE CHARGES RELATING TO BUILDING COMMON AREAS, COMMON GOODS AND SERVICES, EXCLUSIVE USE AREAS AND EXCLUSIVE GOODS AND SERVICES 5.1. The Weighting Assessment as set out below and use this as the basis for assessing the Service Charges payable by each Owner: (a) Step 1: The budgeted charges for the Building shall be assessed for all services and Reserve Fund items excluding any goods and services or Reserve Fund items applying to the Regulated Common Areas, Common Goods and Services, Regulated Exclusive Use Areas and Exclusive Goods and Services.‌ (b) Step 2: The charges as assessed in Step 1 shall form the base Service Charges payable by all Owners and added to all Service Charge statements. (c) Step 3: The budgeted charges for each Regulated Common Areas, Common Goods and Services, Regulated Exclusive Use Areas and Exclusive Goods and Services shall then be assessed for all goods and services or Reserve Fund items as may be set out in Annexure 2 to this Building Management Statement. (d) Step 4: The charges as assessed in Step 3 shall then: i. in the case of Exclusive Goods and Services or Exclusive Use Areas, be added to the Service Charge statements of the Profited Units in proportion to the Entitlement of each Unit as this forms part of the total Entitlement of the Profited Units; ii. in the case of Regulated Common Areas or Common Goods and Services, be divided in the Proportions between the Profited Units comprising each Use; and then iii. be added to the Service Charge statement of each of the Units comprising the Use in proportion to the Entitlement of each Unit within that Use as this forms part of the total Entitlement for all units comprising that Use. 5.2. All Owners shall pay Service Charges in accordance with the Applicable Law, JOPD and this Building Management Statement. 6. CREATING AND REMOVING OR VARYING REGULATED COMMON AREAS, COMMON GOODS AND SERVICES, REGULATED EXCLUSIVE USE AREAS AND EXCLUSIVE GOODS AND SERVICES 6.1. The information contained in the Use Rights Schedule is based on certain assumptions. Accordingly, variations may need to be made to the Use Rights Schedule if in practice these assumptions prove to be incorrect or become out of date. DRAFT 6.2. Without limiting the foregoing, the following may be varied by approval of the Relevant Authority as per the provisions of the Applicable Law: (a) the Regulated Common Areas by adding, varying or removing the same; (b) the Common Goods and Services by adding, varying or removing the same; (c) the Use Rights and Obligations by adding to, varying or removing the same;‌ (d) the Proportions; (e) the Contribution Principles; and (f) the terms of this Building Management Statement. 6.3. It is acknowledged that until the first few years of operation it may be difficult to assess fair Proportions in relation to Regulated Common Areas. Accordingly the Use Rights Schedule and Proportions will be reviewed on an annual basis for the first three (3) years and thereafter every two (2) years and reapportioned pursuant to the approval of the Owners Committee having regard to actual use and benefit derived.

REGULATED EXCLUSIVE USE AREAS. 3.1. Exclusive Use Areas, as set out in Annexure 1 to this Building Management Statement, and the rights and obligations of Owners in relation to these are set out in the District Jointly Owned Property Declaration and the JOP Law. However, because these rights and obligations could be changed by Special Resolution to the detriment of one or other Use, it is desirable in the case of the Regulated Exclusive Use Areas that no such changes take place without due process being followed. 3.2. Furthermore if Owners comprising the Profited Units will be exclusively entitled to use the Regulated Exclusive Use Areas then they should pay for the costs of the Exclusive Goods and Services associated with the same. 3.3. If the Owners of the Profited Units pay for the Exclusive Goods and Services in relation to, and are exclusively entitled to use, the Exclusive Use Areas, then it is also equitable that the Owners comprising the Use that does not benefit or pay the costs of the same are not able to vote on any resolution in relation to these Exclusive Use Areas or Exclusive Goods and Services unless the proposed resolution would be of material detriment to the Owners comprising the Use that does not benefit. 3.4. By way of example of the principles outlined in paragraphs 3.2 and 3.3: (a) The swimming pool is a Regulated Exclusive Use Area and will only be used by the Residential Units and accordingly: i. No changes should be made to the District Jointly Owned Property Declaration that would make the Retail Unit Owners (if any) responsible for the costs of Exclusive Goods and Services provided in relation to the swimming pool. DRAFT. ii. As the Retail Unit Owners (if any) do not use and will not pay the costs associated with the swimming pool, the Retail Unit Owners (if any) should not be entitled to vote on resolutions relating to the use of the swimming pool unless the passing of the resolution would cause material detriment to the Retail Unit Owners. Such rights are set out in the Use Rights and Obligations.. DRAFT 4. MANAGEMENT OF BUILDING COMMON AREAS, COMMON GOODS AND SERVICES, REGULATED EXCLUSIVE USE AREAS AND EXCLUSIVE GOODS AND SERVICES 5. LIABILITY FOR SERVICE CHARGES RELATING TO BUILDING COMMON AREAS, COMMON GOODS AND SERVICES, EXCLUSIVE USE AREAS AND EXCLUSIVE GOODS AND SERVICES 5.1. The Weighting Assessment as set out below and use this as the basis for assessing the Service Charges payable by each Owner: (a) Step 1: The budgeted charges for the Building shall be assessed for all services and Reserve Fund items excluding any goods and services or Reserve Fund items applying to the Regulated Common Areas, Common Goods and Services, Regulated Exclusive Use Areas and Exclusive Goods and Services.‌ (b) Step 2: The charges as assessed in Step 1 shall form the base Service Charges payable by all Owners and added to all Service Charge statements. (c) Step 3: The budgeted charges for each Regulated Common Areas, Common Goods and Services, Regulated Exclusive Use Areas and Exclusive Goods and Services shall then be assessed for all goods and services or Reserve Fund items as may be set out in Annexure 2 to this Building Management Statement. (d) Step 4: The charges as assessed in Step 3 shall then: i. in the case of Exclusive Goods and Services or Exclusive Use Areas, be added to the Service Charge statements of the Profited Units in proportion to the Entitlement of each Unit as this forms part of the total Entitlement of the Profited Units; ii. in the case of Regulated Common Areas or Common Goods and Services, be divided in the Proportions between the Profited Units comprising each Use; and then iii. be added to the Service Charge statement of each of the Units comprising the Use in proportion to the Entitlement of each Unit within that Use as this forms part of the total Entitlement for all units comprising that Use. 5.2. All Owners shall pay Service Charges in accordance with the Applicable Law, JOPD and this Building Management Statement. 6. CREATING AND REMOVING OR VARYING REGULATED COMMON AREAS, COMMON GOODS AND SERVICES, REGULATED EXCLUSIVE USE AREAS AND EXCLUSIVE GOODS AND SERVICES 6.1. The information contained in the Use Rights Schedule is based on certain assumptions. Accordingly, variations may need to be made to the Use Rights Schedule if in practice these assumptions prove to be incorrect or become out of date. DRAFT 6.2. Without limiting the foregoing, the following may be varied by approval of the Relevant Authority as per the provisions of the Applicable Law: (a) the Regulated Common Areas by adding, varying or removing the same; (b) the Common Goods and Services by adding, varying or removing the same; (c) the Use Rights and Obligations by adding to, varying or removing the same;‌ (d) the Proportions; (e) the Contribution Principles; and (f) the terms of this Building Management Statement. 6.3. It is acknowledged that until the first few years of operation it may be difficult to assess fair Proportions in relation to Regulated Common Areas. Accordingly the Use Rights Schedule and Proportions will be reviewed on an annual basis for the first three (3) years and thereafter every two (2) years and reapportioned pursuant to the approval of the Owners Committee having regard to actual use and benefit derived.

REGULATED EXCLUSIVE USE AREAS. 3.1. Exclusive Use Areas, as set out in Annexure 1 to this Building Management Statement, and the rights and obligations of Owners in relation to these are set out in the District Jointly Owned Property Declaration and the JOP Law. However, because these rights and obligations could be changed by Special Resolution to the detriment of one or other Use, it is desirable in the case of the Regulated Exclusive Use Areas that no such changes take place without due process being followed. 3.2. Furthermore if Owners comprising the Profited Units will be exclusively entitled to use the Regulated Exclusive Use Areas then they should pay for the costs of the Exclusive Goods and Services associated with the same. 3.3. If the Owners of the Profited Units pay for the Exclusive Goods and Services in relation to, and are exclusively entitled to use, the Exclusive Use Areas, then it is also equitable that the Owners comprising the Use that does not benefit or pay the costs of the same are not able to vote on any resolution in relation to these Exclusive Use Areas or Exclusive Goods and Services unless the proposed resolution would be of material detriment to the Owners comprising the Use that does not benefit. 3.4. By way of example of the principles outlined in paragraphs 3.2 and 3.3: (a) The swimming pool is a Regulated Exclusive Use Area and will only be used by the Residential Units and accordingly: i. No changes should be made to the District Jointly Owned Property Declaration that would make the Retail Unit Owners (if any) responsible for the costs of Exclusive Goods and Services provided in relation to the swimming pool. pool.‌ DRAFT ii. As the Retail Unit Owners (if any) do not use and will not pay the costs associated with the swimming pool, the Retail Unit Owners (if any) should not be entitled to vote on resolutions relating to the use of the swimming pool unless the passing of the resolution would cause material detriment to the Retail Unit Owners. Such rights are set out in the Use Rights and Obligations. 4. MANAGEMENT OF BUILDING COMMON AREAS, COMMON GOODS AND SERVICES, REGULATED EXCLUSIVE USE AREAS AND EXCLUSIVE GOODS AND SERVICES 5. LIABILITY FOR SERVICE CHARGES RELATING TO BUILDING COMMON AREAS, COMMON GOODS AND SERVICES, EXCLUSIVE USE AREAS AND EXCLUSIVE GOODS AND SERVICES 5.1. The Weighting Assessment as set out below and use this as the basis for assessing the Service Charges payable by each Owner: (a) Step 1: The budgeted charges for the Building shall be assessed for all services and Reserve Fund items excluding any goods and services or Reserve Fund items applying to the Regulated Common Areas, Common Goods and Services, Regulated Exclusive Use Areas and Exclusive Goods and Services.‌Services. (b) Step 2: The charges as assessed in Step 1 shall form the base Service Charges payable by all Owners and added to all Service Charge statements.statements.‌ (c) Step 3: The budgeted charges for each Regulated Common Areas, Common Goods and Services, Regulated Exclusive Use Areas and Exclusive Goods and Services shall then be assessed for all goods and services or Reserve Fund items as may be set out in Annexure 2 to this Building Management Statement. (d) Step 4: The charges as assessed in Step 3 shall then:then:‌ i. in the case of Exclusive Goods and Services or Exclusive Use Areas, be added to the Service Charge statements of the Profited Units in proportion to the Entitlement of each Unit as this forms part of the total Entitlement of the Profited Units; ii. in the case of Regulated Common Areas or Common Goods and Services, be divided in the Proportions between the Profited Units comprising each Use; and then iii. be added to the Service Charge statement of each of the Units comprising the Use in proportion to the Entitlement of each Unit within that Use as this forms part of the total Entitlement for all units comprising that Use. 5.2. All Owners shall pay Service Charges in accordance with the Applicable Law, JOPD and this Building Management Statement. 6. CREATING AND REMOVING OR VARYING REGULATED COMMON AREAS, COMMON GOODS AND SERVICES, REGULATED EXCLUSIVE USE AREAS AND EXCLUSIVE GOODS AND SERVICES 6.1. The information contained in the Use Rights Schedule is based on certain assumptions. Accordingly, variations may need to be made to the Use Rights Schedule if in practice these assumptions prove to be incorrect or become out of date. DRAFT. 6.2. Without limiting the foregoing, the following may be varied by approval of the Relevant Authority as per the provisions of the Applicable Law: (a) the Regulated Common Areas by adding, varying or removing the same; (b) the Common Goods and Services by adding, varying or removing the same; (c) the Use Rights and Obligations by adding to, varying or removing the same;‌ (d) the Proportions; (e) the Contribution Principles; and (f) the terms of this Building Management Statement. 6.3. It is acknowledged that until the first few years of operation it may be difficult to assess fair Proportions in relation to Regulated Common Areas. Accordingly the Use Rights Schedule and Proportions will be reviewed on an annual basis for the first three (3) years and thereafter every two (2) years and reapportioned pursuant to the approval of the Owners Committee having regard to actual use and benefit derived.