[200William-EC] SP 67851 EC Minutes
Maxine Wickey
mwickey at stratatitle.com.au
Thu Sep 6 16:37:50 EST 2012
I would suggest that we give the tenant a timeframe to remove the dog - I can try and enforce it through the managing agent and owner, as Tony would be well aware by the tenant breaching the by-laws they are also breaching their tenancy agreement. If the dog is then still there we can hold a Schedule 3 meeting to issue a Notice to Comply with a by-law.
Regards,
Maxine Wickey
Strata Manager
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From: ec-bounces at 200william.com [mailto:ec-bounces at 200william.com] On Behalf Of Matt Perkins
Sent: Thursday, 6 September 2012 4:03 PM
To: Tony Araujo
Cc: ec at 200william.com
Subject: Re: [200William-EC] SP 67851 EC Minutes
Yes Tony I would say you are correct. I would doubt there would be enough support for it. At the moment the question before us is should the by-law be enforced and if so what actions would we like Maxine to take in regard to remedy the situation.
Matt.
On 6/09/12 3:24 PM, Tony Araujo wrote:
Here we go again,
Sorry guys but Rowan clear stated that there is smell originated by one dog, Imagine 10? Well I assume that we are going to have a big fight in this issue as we had in the past. So a motion has to be put to an extraordinary G. Meeting and only then the by-law can be changed.
5 Year ago we went through this and the owners 9 to 1 made a clear decision not to allow pets, so if anyone wants to go through this again then so be it because it will fail.
Regards
Tony Araujo
M. Director & Licensee-in-charge
CityView Real Estate & Property Investments Pty Ltd
Shop 2/25-35 Park Rd
HURSTVILLE NSW 2220
Ph:02 9586 4622 Fax:02 9586 4633 M:04144 92080
Web: www.cityviewrealestate.com.au<http://www.cityviewrealestate.com.au/>
E-mail: tony at cityviewrealestate.com.au<mailto:tony at cityviewrealestate.com.au>
Facebook: www.facebook.com/cityviewhurstville
From: ec-bounces at 200william.com<mailto:ec-bounces at 200william.com> [mailto:ec-bounces at 200william.com] On Behalf Of Matt Perkins
Sent: Thursday, 6 September 2012 2:42 PM
To: ec at 200william.com<mailto:ec at 200william.com>
Subject: Re: [200William-EC] SP 67851 EC Minutes
I completely agree with Craig here. Pet's are an individual owners responsibility providing they do not effect others. I would be in favor of a change of bylaw to allow pets as approved by the owners corporation in writing. That way we can insure pets are fit for purpose for want of a better term. I believe that allowing pets is attractive to some owners especially the elderly that would otherwise not purchase within the building. I know that's why my parents didn't look at some recent for sales in the building.
To the matter of the tenant in 104 I have not noticed the dog causing any trouble so happy for it to stay as long as there are no adverse reports from the cleaner or noise complaints from others. I have also noticed some cats from time to time but again they have caused me no problems.
So if it's a vote as to "do nothing" about the current bi law breach i vote in favor of doing nothing.
If it's a future vote at the AGM to change the bylaws to allow pets as approved in writing by the owners corp i vote in favor.
Matt.
On 6/09/12 12:39 PM, CSCL wrote:
Greetings everyone,
Thank you Maxine - it was great to have you at the meeting to add your experience and to also put the minutes together.
I know there is quite a bit of contention regarding animals in the building. However, I personally don't have any issue with a dog or cat living on the premises. Many tenants live by themselves and enjoy a companion pet. If it really becomes a question of cleanliness of pets, I recommend the owner can simply ask for a higher bond. My suggestion is that we become more like a luxury New York apartment building and change this bi-law!
Cheers,
Craig
From: ec-bounces at 200william.com<mailto:ec-bounces at 200william.com> [mailto:ec-bounces at 200william.com] On Behalf Of Maxine Wickey
Sent: Thursday, 6 September 2012 11:14 AM
To: ec at 200william.com<mailto:ec at 200william.com>
Subject: [200William-EC] SP 67851 EC Minutes
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
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t: (02) 9540 4199
www.stratatitle.com.au<http://www.stratatitle.com.au/>
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