[200William-EC SP67851] Music from 301

Mon Oct 13 10:36:14 EST 2014

Thanks again Pia.

I assume the requirements of the notice to comply are spelt out to the owner so they are in no doubt what will happen if they do not comply?

As a matter of interest, what do your records indicate regarding the history of breaches of By Laws by the occupier?

Cheers

Andrew

Andrew James
Project Director of Pharmacy
Phone: +61 2 85140945
Mobile: +61 400 202 279

From: Pia Cunningham [mailto:pcunningham at stratatitle.com.au]
Sent: Monday, 13 October 2014 10:32 AM
To: Andrew James; Matt Perkins
Cc: ec at 200william.com; thefamilyjames at hotmail.com
Subject: RE: [200William-EC SP67851] Music from 301

Hi Andrew,

Sorry, I should have clarified.

If after 7 days after the notice to comply has been issued there is still a breach, I will require a committee approval to apply for mediation against them. Mediation is optional but is the step required before applying for orders by an adjudicator. This process, and for it to be heard at mediation, takes about 4 weeks. After mediation, if there is a breach, the next step is adjudication and this process unfortunately can take 2-3 months for a final ruling.

Its a ridiculous time frame, I know, but this is all set by the courts.

I will also need an email every time they breach the by law to use as evidence.

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

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From: Andrew James [mailto:Andrew.James at lh.org.au]
Sent: Monday, 13 October 2014 10:27 AM
To: Pia Cunningham; Matt Perkins
Cc: ec at 200william.com<mailto:ec at 200william.com>; thefamilyjames at hotmail.com<mailto:thefamilyjames at hotmail.com>
Subject: RE: [200William-EC SP67851] Music from 301

Thanks Pia.

So a breach of the notice to comply will enable us to escalate it to NCAT? And what time-frames are we talking about? How long does the notice to comply last?

Sorry for all the questions but I believe we should not let this one slip. We have been too slack with these matters in the past and this is where we find ourselves.

Cheers

Andrew

Andrew James
Project Director of Pharmacy
Phone: +61 2 85140945
Mobile: +61 400 202 279
From: Pia Cunningham [mailto:pcunningham at stratatitle.com.au]
Sent: Monday, 13 October 2014 10:25 AM
To: Andrew James; Matt Perkins
Cc: ec at 200william.com<mailto:ec at 200william.com>; thefamilyjames at hotmail.com<mailto:thefamilyjames at hotmail.com>
Subject: RE: [200William-EC SP67851] Music from 301

Thanks Andrew,

I will issue the notice to comply now as this is the next step.

As the unit is an owner occupier, we cant evict them, but should this matter escalate to NCAT, we will seek fines by the member. They have the power to impose fines of up to $5,500 per breach.

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

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t:   (02) 9266 2600
www.stratatitle.com.au<http://www.stratatitle.com.au>
www.stmplus.com.au<http://www.stmplus.com.au>

Emailed Communication / Documents Disclaimer
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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.

[Tile2014_YoungStrataManager_HighCom_S]

From: Andrew James [mailto:Andrew.James at lh.org.au]
Sent: Monday, 13 October 2014 10:14 AM
To: Pia Cunningham; Matt Perkins
Cc: ec at 200william.com<mailto:ec at 200william.com>; thefamilyjames at hotmail.com<mailto:thefamilyjames at hotmail.com>
Subject: RE: [200William-EC SP67851] Music from 301

Dear Pia,

Firstly, let me confirm that Saturday night was another miserable night after the music started pumping at 0230 Sunday morning and the voices on the balcony got louder and louder. Even ear plugs did not do the trick! It stopped around 0530 as far as I’m aware but I may have got to sleep by then!

As Matt mentioned, it would be interesting to see how many complaints against this resident are on file. I think this is the 4th that I have made since moving in during June 2013 but I suspect it may be more than that. There is definitely an increase in these incidents of late.

I think a notice to comply would be great but is this the next correct step? What recourse, if any, do you, the EC or the residents have in situations like this? I’d be interested to know where we can go from here if he does not comply.

Thanks for taking care of this.

Kind regards

Andrew

Andrew James
Project Director of Pharmacy
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From: ec-bounces at 200william.com<mailto:ec-bounces at 200william.com> [mailto:ec-bounces at 200william.com] On Behalf Of Pia Cunningham
Sent: Monday, 13 October 2014 7:35 AM
To: Matt Perkins
Cc: ec at 200william.com<mailto:ec at 200william.com>
Subject: Re: [200William-EC SP67851] Music from 301

Hi Matt,

Certainly, I will do this today.

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

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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.

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On 12 Oct 2014, at 5:10 am, Matt Perkins <matt at spectrum.com.au<mailto:matt at spectrum.com.au>> wrote:
Hi Pia,

Could you send another breech notice to 301 for loud music. The have had many notices already what's the next step with these guys.

Mat

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