[200William-EC SP67851] Strata

Mon Oct 20 18:49:21 EST 2014

Hi Pia,
Thank you for this feedback. 

Would you know if the wash bay is on common property of the resi strata or the Commercial strata or common to the BMC?

The reason for this is that we have previously requested an audit of the parking area and I do not believe that it was ever resolved.

Answering this will help clarify a previous request through Maxine. 

Thanks,
Edward

Sent from my iPhone

> On 20 Oct 2014, at 4:10 pm, Pia Cunningham <pcunningham at stratatitle.com.au> wrote:
> 
> Hi Edward,
>  
> It wouldn’t apply to visitors if they were parked in the visitors spaces, but it would if they were parked in a loading zone or another area of common property as they are entering private property and need to also adhere by the by laws of our building.
>  
> 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: Edward Sainsbury [mailto:edwardsainsbury at hotmail.com] 
> Sent: Monday, 20 October 2014 3:11 PM
> To: Brook Beves
> Cc: ec at 200william.com; Pia Cunningham
> Subject: Re: [200William-EC SP67851] Strata
>  
> Hi Pia,
>  
> My understanding is that it would not apply to visitors, and if that is the case, George would need to keep a register of vehicles owned/operated by tenants to enforce this. 
>  
> The by-law would not catch all parties, for example the Pack and Save van, who are not party to our Strata Plan or it's by-law, could not be towed it clamped. Visitors could not be clamped or towed. So the only people are residents who would be effected. 
>  
> I would also like to understand te rules and remedies around the proposed by-law, as the devil is often in the detail. 
> 
> Sent from my iPhone
> 
> On 20 Oct 2014, at 10:16 am, Brook Beves <brookbeves at bigpond.com> wrote:
> 
> 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
>  
> <mime-attachment.jpg>
>  
> 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>   <image015.jpg>   <image016.png>   <image017.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.
>  
>  
> <image012.jpg>
>  
> From: 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
> 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 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 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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