[200William-EC SP67851] MARQUIS APARTMENTS - BY LAW RE PETS
Matt Perkins
matt at spectrum.com.au
Sun Oct 12 08:09:46 EST 2014
That was the same advice Ed I got from a solicitor two years ago when we discussed it. I will show the proposed bylaw to mine again Monday and see what they say but I don't want to up all my favors.
George and I have also had a discussion some time back about towing where someone (can't remember who) asked e police about towing. The police said he town ruck driver would not do it because he would be charged with theft of the vehicle.
matt
> On 11 Oct 2014, at 7:37 pm, Ed Sainsbury <edsainsbury at ozemail.com.au> wrote:
>
> Hi Pia,
>
> Thank you for this. Two things:
>
> · I believe that it is illegal to clamp or tow a person’s vehicle in NSW without their consent. Please see the Fairtrading website below:
> http://www.fairtrading.nsw.gov.au/ftw/About_us/News_and_events/Media_releases/2013_media_releases/20130218_problem_parkers_to_clamp_or_not.page
> “What many people are not aware of is regardless of any particular by-law that may be in force in a strata scheme - and regardless of any warning signage erected by the owners corporation – unless you have the consent of the owner, the practice of wheel clamping and towing of vehicles parked on private property has been illegal since 1998 when local government legislation was introduced.
> In theory, a group of people could mutually agree on a set of parking rules within their strata scheme which could include authorising the clamping or towing of their car if parked in a way that breached the rules. However, these practices would only be legal if applied solely to the residents who had previously agreed to the parking rules.”
>
> If you have legal advice that it is possible would you please confirm how this would be enforced, by who, and what remedies there would be for people subject to this action.
>
> · If we are putting up the by-law change, I would ask for a vote at the meeting on whether we allow two small dogs/cats or just one. I feel that animals are less noisy and stressed when they have company.
>
> Regards,
> Edward
>
>
> From: Pia Cunningham [mailto:pcunningham at stratatitle.com.au]
> Sent: Friday, October 10, 2014 4:34 PM
> To: 'Barney Kitay'to mine
> Cc: ec at 200william.com
> Subject: Re: [200William-EC SP67851] MARQUIS APARTMENTS - BY LAW RE PETS
>
> Good Afternoon all,
>
> Please see by laws:
>
> THAT The Owners Strata Plan No. 67851 (the “Owners Corporation”) by SPECIAL RESOLUTION, pursuant to Section 47 of the Strata Schemes Management Act 1996 (the “Act”), make an amendment to by law 16 in the following terms:
> (a) A Proprietor of the Community Parcel may bring onto the Community Parcel:
>
> (1) one small cat or one small dog (other than an excluded dog); and/or
>
> (2) one small caged bird; and/or
>
> (3) one small tank of fish.
>
> An excluded dog means;
>
> (1) a pit bull terrier;
>
> (2) an American pit bull terrier;
>
> (3) a dogo argentino;
>
> (4) a Japanese tosa;
>
> (5) any other outcross;
>
> (6) any dog prohibited from importation into Australia by the Commonwealth Government;
>
> (7) an unregistered or dangerous dog under legislation; and
>
> (b) Where a Proprietor brings an animal onto the Community Parcel, the Proprietor is liable to all proprietors and other persons lawfully on the Community Parcel for any noise which is disturbing to an extent which is unreasonable and any damage to or loss of property or injury to any person caused by the animal
>
> (c) A proprietor that brings an animal onto the Community Parcel accepts the following obligations:
>
> (1) clean up all excrement or refuse left on Common Property by the animal;
>
> (2) monitor the noise from the pet, ensuring they do not unreasonably cause annoyance or disturbance to neighbours
>
> (3) Acknowledge that I/we shall be liable for any damage to common property caused by the pet and shall pay the Owners Corporation immediately for any costs incurred in rectifying this damage
>
> (4) ensure all animals are on a leash, caged or otherwise contained and under control when on Common Property and must be accompanied by the proprietor.
> (5) maintain a high standard of cleanliness and sanitation at all times, cleaning and disposing of any animal waste within the lot or common property
>
> (6) Accept responsibility for costs for a common property pest spray if the pet has attracted fleas
>
> (7) maintain a high standard of preventative health care e.g. flea and worm treatment
>
> (8) keep the pet under control at all times within the lot or common property
>
> (9) register the pet with building management and provide to building management
> (10) Acknowledge that the consent of the Owners Corporation operates in respect of the nominated pet only and that any change of pet must be the subject of a separate application
>
> (11) Understand that dogs of a prohibited breed or declared dangerous must not be kept or brought onto the lot or common property.
>
> (12) must provide a picture of the pet to the managing agent and building manager
>
>
> (13) must provide to the managing agent and building manager the name of the pet
>
> (14 ) must provide to the managing agent and building manager registration number with council
>
> (d). A visitor or invitee of an Owner or Occupier is not permitted to bring an animal into the complex without first obtaining written permission from the Executive Committee.
> (e) Acknowledge that in the event of a breach of this agreement the Owners Corporation may withdraw any consent it has given me for the keeping of a pet
>
> The Managing Agent be authorised to register this by-law on behalf of the Owners Corporation affix the common seal in accordance with section 238 of the Strata Schemes Management Act 1996.
>
>
>
> The Owners - Strata Plan No.xxxxxx by SPECIAL RESOLUTION pursuant to section 47 of the Strata Schemes Management Act 1996 make an additional by-law in the following terms:
>
> Special by law Towing/ Clamping
>
> 1. An owner or occupier of a lot can only park or stand any motor or other vehicle on common property, including visitor parking spaces, with the written approval of the owners corporation.
>
> 2. The owners corporation may cause a vehicle parked or standing in breach of this by-law to be towed from the common property and removed to a public road or impounded or wheel clamped.
>
> 3. The owners corporation may cause a vehicle parked or standing in breach of this by-
> law wheel clamped.
>
> 4. The owner or occupier of a lot must pay the costs of and incidental to the owners corporation and its servants and agents for having the vehicle towed and or impounded (including without limitation strata management fees, building manager fees, legal fees, daily occupation fee, locking fee and unlocking fee) which are recoverable by the owners corporation as a debt due by the owner or occupier.
>
> 5. A person who parks a vehicle, or allows a vehicle to stand on any part of the common property without written consent of the owners corporation is taken to:
>
> be the person in lawful possession of the vehicle, and
> have given consent to the owners corporation and its servants and agents to have the vehicle towed off the common property and impounded at the cost of the owner or occupier, and
> consent to this by-law being an arrangement in force in respect of the vehicle.
>
> 6. To the extent of any inconsistency between this by-law and any other by law, this by-law prevails.
>
> The Managing Agent be authorised to register this by-law on behalf of the Owners Corporation affix the common seal in accordance with section 238 of the Strata Schemes Management Act 1996.
>
>
> Should you have any queries regarding the above, please do not hesitate to contact me.
>
> Have a nice day,
>
> Pia Cunningham
> Strata Manager and
> Company Title Manager
>
> <image001.jpg>
>
> <image002.png> <image003.jpg> <image004.png> <image005.jpg>
>
> t: (02) 9266 2600
> www.stratatitle.com.au
> www.stmplus.com.au
>
> Emailed Communication / Documents Disclaimer
> For STM’s full disclaimer please visit – http://www.stratatitle.com.au/privacy.asp
>
> Important Notice: Owners should be aware that all correspondence, including letters, facsimile transmissions and emails are retained on the file of your scheme and may be subject to inspection by owners and residents within your scheme, as well as prospective purchasers for any lot that may be for sale within your scheme. As such author discretion is advised.
>
>
> <image006.jpg>
>
> From: Barney Kitay [mailto:barnet at kitays.com]
> Sent: Friday, 10 October 2014 11:38 AM
> To: Pia Cunningham
> Cc: ec at 200william.com
> Subject: RE: [200William-EC SP67851] MARQUIS APARTMENTS - BY LAW RE PETS
>
> 29th is fine for me.
>
>
>
> Kind regards
>
> Barney
> M +61 (0)400 200 446
> E barnet at kitays.com
>
> From: ec-bounces at 200william.com [mailto:ec-bounces at 200william.com] On Behalf Of Pia Cunningham
> Sent: Thursday, 9 October 2014 8:13 PM
> To: Rob Willett
> Cc: ec at 200william.com ec at 200william.com
> Subject: Re: [200William-EC SP67851] MARQUIS APARTMENTS - BY LAW RE PETS
>
> Good evening all,
>
> Can I propose Wednesday 29th October?
>
> I understand this is almost three weeks away but we require 14 days notice for a general meeting and this is my earliest available date.
>
> Should you have any queries regarding the above, please do not hesitate to contact me.
>
> Have a nice day,
>
> Pia Cunningham
> Strata Manager and
> Company Title Manager
>
>
>
>
>
> t: (02) 9266 2600
> www.stratatitle.com.au
> www.stmplus.com.au
>
> Emailed Communication / Documents Disclaimer
> For STM’s full disclaimer please visit –http://www.stratatitle.com.au/privacy.asp
>
> Important Notice: Owners should be aware that all correspondence, including letters, facsimile transmissions and emails are retained on the file of your scheme and may be subject to inspection by owners and residents within your scheme, as well as prospective purchasers for any lot that may be for sale within your scheme. As such author discretion is advised.
>
>
>
>
> On 9 Oct 2014, at 8:00 pm, Rob Willett <rob at robadda.com> wrote:
>
> Hi there,
>
> How quick can we set up an EGM to get the rules changed? 602 have a potential buyer at a very good price but the sale is conditional on being able to have a pet. It would be awful for them to lose this sale, Can you please advise
>
> Thanks
>
> <ROB19732_RobEmailSig.jpg>
>
>
> On 23 Sep 2014, at 9:30 pm, Pia Cunningham <pcunningham at stratatitle.com.au> wrote:
>
>
> Thank you Brook,
>
> All, are we able to set a date for the EGM so we can start actioning this?
>
> Should you have any queries regarding the above, please do not hesitate to contact me.
>
> Have a nice day,
>
> Pia Cunningham
> Strata Manager and
>
>
> From: Brook Beves [mailto:brookbeves at bigpond.com]
> Sent: Wednesday, 24 September 2014 11:29 AM
> To: Pia Cunningham; 'Matt Perkins'
> Cc: ec at 200william.com
> Subject: RE: [200William-EC SP67851] MARQUIS APARTMENTS - PARKING ON COMMON PROPERTY
>
> Hi Pia
>
> Welcome to Marquis. It is refreshing to see some immediate action happening. Perhaps we may be able to also finally resolve a long outstanding parking issue, which is the Pack and Send van being parked daily in the “No Standing – Wash Bay” designated area which is a violation of Strata By Laws.
>
> Pia, I look forward to meeting you
>
> Regards,
> Brook Beves
> From: ec-bounces at 200william.com [mailto:ec-bounces at 200william.com] On Behalf Of Pia Cunningham
> Sent: Wednesday, 24 September 2014 9:20 AM
> To: Matt Perkins
> Cc: ec at 200william.com
> Subject: Re: [200William-EC SP67851] MARQUIS APARTMENTS - PARKING ON COMMON PROPERTY
>
> Hi all,
>
> I have been implementing a clamping by law in my strata schemes. Maybe something to think about adopting with this scheme as there are advantages for this over towing to the street.
>
> Under the clamping by law, the offender must pay all fees associated with the clamping including strata managers time, building managers time, locking, unlocking and a fee for parking on the common property payable back to the owners corporation.
>
> With towing, we risk damaging the car and we cannot recover costs.
>
> What does everything think about this going on the agenda for the next general meeting?
>
> Should you have any queries regarding the above, please do not hesitate to contact me.
>
> Have a nice day,
>
> Pia Cunningham
> Strata Manager and
> Company Title Manager
>
> Sounds good George.
>
> Matt
>
> On 24/09/2014 9:01 am, George Ziri wrote:
> Good Morning Resident
>
> We are discovering on a daily basis vehicles parked on common property.
>
> There are By Laws in place to enforce such actions. Please ask for a copy from your property manager if you are leasing, or the strata manager if you are an owner.
>
> The picture attached shows a vehicle parked on common property. If you are the owner please remove by close of business today. Otherwise we will arrange to have it relocated to the street.
>
> Residents are not permitted to park their vehicle in visitor parking. No exception. Visitor parking is located on B3 and clearly marked VISITOR PARKING ONLY. Visitor parking is for the use of visitors only. Residents using the visitor parking will also have their vehicle relocated to the street.
>
> We thank you in advance for cooperating and should you know of a fellow resident in breach of the By Laws please contact us. Your information is highly confidential.
>
>
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