[200William-EC] SP 67851 EC Minutes

[Maxine Wickey]

Dear Committee,

Please find attached the Minutes of the EC Meeting.

Also attached is the breach of by-law issued to the tenant of unit 104 along with the tenants response.  Please advise if you agree with him to continue minding the dog.

In relation to the meeting for the BMC due to time restraints as specified within the Strata Management Statement notice must be not less than 7 days which does not include allowing postage.  As Rob will be away until end of October I will organise the meeting with Matt and Andrew.

The SMS state that a quorum is as follows:

2.8 At any meeting of the Building Management Committee a quorum will be constituted if both Owners are represented.  If a quorum is not present within half an hour from the time appointed for a meeting, the meeting will be adjourned for 2 Business Days to be held at the same time and at the same place notified for the original meeting.

Section 11 of the SMS is for Dispute Resolution as follows:

11.1 Notice of Dispute

(a)    If a dispute arises between the Owners in connection with this statement then either of them may serve on the other Owners written notice of the dispute following which the provisions of this clause apply.

(b)   The Owners agree that:

                                 i.            they will undertake in good faith to use all reasonable endeavours to resolve a dispute which arises between them; and

                               ii.            if the Owners cannot resolve the dispute within 28 days after service of the notice, the dispute may be submitted for resolution in accordance with this clause.

11.2 Form of Notice
A dispute notice served under clause 11.1 must:

(a)    specify the matter in dispute;

(b)   identify the provisions of the Act, this Statement or other legislation relevant to the dispute;

(c)    set out the facts and other circumstances on which the notice given relies; and,

(d)   have attached to it copies of correspondence and other documents relevant to the dispute.

11.3 Referral of Dispute

(a)    If a dispute has not been resolved within the period referred to in clause 11.1(b)(ii), or such other period as the Owners may agree then either of the Owners may give written notice to the other Owners that the dispute is to be referred for resolution by the Adjudicator in accordance with the provisions of the Act.

(b)   The parties agree that the provisions of Part 5 of the Act apply to any dispute.

11.4 Decision of Adjudicator

(a)    A decision of the adjudicator of the Strata Schemes Board shall be deemed to be a decision of the Building Management Committee.

(b)   The Adjudicator and the Strata Schemes Board may exercise any Function conferred on the Building Management Committee.

I will organise the meeting between Matt and Andrew and if Andrew does not attend then the meeting will be adjourned as required.  If Andrew does not attend the Adjourned Meeting I will hold a Schedule 3 Meeting with the EC (paper meeting) to issue a Notice of Dispute to Andrew and application to the CTTT if we cant resolve the issue in the 28 days.  Hopefully we will not need to follow this path.

Regards,

Maxine Wickey
Strata Manager
[cid:image001.jpg at 01CD8C13.4A6BABD0]
t:   (02) 9540 4199
www.stratatitle.com.au<http://www.stratatitle.com.au/>
www.stmplus.com.au<http://www.stmplus.com.au/>

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