[200William-EC SP67851] Strata

Brook Beves brookbeves at bigpond.com
Mon Oct 20 10:16:59 EST 2014 

On 20/10/14 09:53, Dave Petschack wrote:
> Thanks Pia for this clarification on the clamping / towing by-law, 
> this was the first clarification of the laws that I have seen, 
> apologies if I have missed or overlooked something.
>
> Based on this information, the fact that the Strata Schemes Management 
> Act takes precedence, I am happy to have your suggested bylaw adopted.
>
> Regards Dave
>
>
> On 20/10/2014, at 9:27 AM, Pia Cunningham wrote:
>
>> Good Morning All,
>> I apologise for the inconvenience this may have caused.
>> I was advised by my branch manager that there was an agreement once 
>> your property was placed into my portfolio that a new agreement would 
>> be entered in to. He advised me that I was to place this motion on 
>> the agenda. Again, I apologise for this and I am happy to continue on 
>> a trial basis.
>> There are comments below that I have not responded to some queries 
>> regarding the clamping by law. I have responded to these queries a 
>> couple of times now.
>> Section 651b of the Local Government Act does state you cannot clamp 
>> vehicles without the owners consent, however, after speaking with 3 
>> strata law firms, being Grace Lawyers, Strata Title Lawyers and Teys 
>> Lawyers, we have been advised that this may be the case, however, 
>> Section 44 of the Strata Schemes Management Act states that all 
>> owners and tenants are bound to comply if specially resolved and that 
>> the Strata Schemes Management Act takes precedent as we are acting on 
>> private property. There is also the option for towing on the by law 
>> which if passed, is enforceable and all costs can be added back to 
>> the lot also. This by law was also created by a strata solicitor.
>> 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>/
>> //
>> <image014.png> 
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>> <https://twitter.com/STM_StrataManag><image016.png> 
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>> <https://twitter.com/STMStratasphere>
>> //
>> *t:*(02) 9266 2600
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>> <image012.jpg>
>> *From:*ec-bounces at 200william.com 
>> <mailto:ec-bounces at 200william.com>[mailto:ec-bounces at 200william.com]*On 
>> Behalf Of*Ed Sainsbury
>> *Sent:*Saturday, 18 October 2014 10:57 AM
>> *To:*ec at 200william.com <mailto:ec at 200william.com>
>> *Subject:*Re: [200William-EC SP67851] Strata
>> Hi All,
>> I agree with Dave that Pia is trying to be proactive, which I 
>> appreciate and value. I feel that she may need further direction of 
>> what we expect and the general protocols we would like; such as 
>> sending out a draft of the Notice of EGM to the EC, and giving 2 to 3 
>> days to respond with any changes.
>> My priories are the following:
>> ·By-law change for the roof.
>> ·By-law change for pets. (I would like to raise that 2 small animals 
>> be considered at least by the EC, noting that I will live with the 
>> consensus)
>> ·Finalising a cash flow for the BMC and Resi stratas to check that 
>> our levies are set at the correct amounts, and to determine the level 
>> of free cash we have for upgrades.
>> ·Not signing up to STM, but extending their contract and reviewing 
>> their performance in December 2014 or Feb 2015.
>> Regards,
>> Edward
>> *From:*Dave Petschack [mailto:dave at robadda.com]
>> *Sent:*Saturday, October 18, 2014 7:56 AM
>> *To:*Ed Sainsbury;ec at 200william.com 
>> <mailto:ec at 200william.com>ec at 200william.com <mailto:ec at 200william.com>
>> *Subject:*Strata
>> Hi all,
>> I am not sure what is going on here - from my perspective Pia is 
>> trying to be proactive and getting things through but it does appear 
>> that she is not listening to us.
>> I never received a response to this question....
>> Thirdly - Regarding the clamp /tow laws. Pia we are relying to some 
>> extent on your expertise and experience with other strata's. We can't 
>> be putting forward changes to our by-laws that are outside of the 
>> law. Can you please let the EC know what accepted and legal by-laws 
>> are in relation to parking - it must be an issue in virtually every 
>> apartment building, so we aren't on our own. But we seem to be 
>> blundering around with what can and can't be done. Can Strata 
>> Associates give us the definitive wording that us legally enforceable 
>> - and effective, if not, can you advise the where we can get this 
>> advice and if there is a cost - it is not acceptable that Matt has to 
>> use his private lawyer for these matters.
>> Regarding the signing up of Strata - I would have thought this is an 
>> extension of the existing agreement, and a trial period with new 
>> manager, not sure how this has 'crept' in as a special By-law.
>> Thanks
>> <image013.jpg>
>> On 18/10/2014, at 7:46 AM, Ed Sainsbury wrote:
>>
>> Hi Matt,
>>
>> No they have added this in. Do we need a special meeting to sign up 
>> again with a strata manager or is the EC empowered to do this as a 
>> normal part of business?
>>
>> Additionally, they have not addressed the rooftop by-law change that 
>> we were debating. This is actionable and would greatly improve the 
>> value of apartments. It would also be a nice place to have a lunch 
>> with guests etc.
>>
>> Has Pia consulted with anyone to decide on these things or is she 
>> acting unilaterally?
>>
>> Regards,
>> Edward
>> Sent from my iPhone
>>
>> On 17 Oct 2014, at 10:21 pm,ec-request at 200william.com 
>> <mailto:ec-request at 200william.com>wrote:
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   Good morning Pia and thank you for the clarification of the law on 
this issue.
I support the adoption and implementation to the By-Laws of the 
clamping/towing of vehicles illegally parked within the strata scheme.

Many thanks
Brook
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