[200William-EC SP67851] Notice from Fair Trading to attend mediation.
Pia Cunningham
pcunningham at stratatitle.com.au
Fri Oct 24 07:41:07 EST 2014
Good morning all,
I have received the below email from Craig at 601. We can discuss next week.
Good afternoon Pia,
Further to our mediation meeting at the Fair Trading tribunal yesterday, I would like to make a formal request to the Body Corporate for retrospective approval of the replacement screen I have put up on my terrace at 601/200 William Street, Woolloomooloo 2011.
Please note the following about the replacement, free-standing screen:
1. It was placed in its present location in July 2014 (see pic “Garden July 2014”), to replace an older screen (see pic “Garden Nov 2012”).
2. It is not attached to any common area (as the order submitted by the EC – Bylaw number 5, states). It is free-standing and is located behind my planter box.
3. Only one other owner sees the screen from their balcony.
4. It’s made of bamboo, is not unattractive and was installed by a professional contractor.
5. It provides perfect privacy.
I believe I am being targeted in this matter. A screen has been in the same place for three years and I have never had a complaint, until now. There are many properties in the complex which have items on their balconies (please see attached pictures).
I await the EC’s decision. If you have any questions, please do not hesitate to let me know.
Thank you and best regards,
Craig Laforest (owner)
601/200 William Street, Woolloomooloo 2011
[cid:CA72D5F3-302B-401E-B912-B87FD2ACCF29][cid:CDE45871-72D7-4ADA-8AC9-66BD1A45EBDE][cid:364FE23B-EC4C-4B33-A639-52B305569447][cid:B4BE756A-AF5A-4B7B-84F8-41FFB59B9400][cid:14F8F627-1CE3-40B4-A96C-3C57ED12A9C0][cid:C5C9D70A-9E29-4F71-9E5B-D85B2538634B][cid:94173337-EAEB-4D63-B9A9-4AE00E9936B5][cid:DA1E3AA8-126A-4E4A-B1C6-6EDE36470BE5][cid:3713DAAF-94AE-4148-989A-5F8B03068ACE][cid:D3B3FCBA-E4AA-487A-898D-B7885BA977CA][cid:924B0A8A-4076-4162-8034-5A8792F91F2B]
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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On 22 Oct 2014, at 4:38 pm, Dave Petschack <dave at robadda.com<mailto:dave at robadda.com>> wrote:
Hi Pia thanks for forwarding this email on
Can we please add this latest 601 drama to the EC agenda for our meeting on the 29th.
I will not be giving it any thought until we can get together and discuss and decide a response.
Dave
<ROB19732_DaveEmailSig.jpg>
On 22/10/2014, at 4:26 PM, Pia Cunningham wrote:
Good Afternoon All,
Please see email received from Glenco electrical:
Hi Pia,
As you are aware, Craig Laforest called our Glenco office on 21/10/2014 and we listened to his concerns and provided the following opinion based on our own general knowledge. Craig explained that he had concerns about some kind of radiation which he feels is emanating from above his apartment which he says causes him sleeplessness, nausea and irritation. We suggested that “radiation” as such is unlikely and could be caused by RF transmitters or microwave communications equipment etc. On occasion mobile net transmitters and receivers are installed on roof tops under a position lease agreement, owned and serviced by a Telecommunications carrier. Craig indicated that this is not the case for this building.
The possibilities which we can speculate which could be the cause or a factor in causing what Craig claims to be experiencing are as follows;
Vibration – vibration from motors through a ducting system could possibly create a low frequency vibration noise. Low frequency sound waves can cause nausea and discomfort.
Static electricity – static electricity is a common problem and can cause discomfort for very sensitive people. This varies with ambient weather conditions and is enhanced by the presence of synthetic materials – carpet, blankets, furniture. Static is felt as an electric charge which builds up and often will be felt as a zap when you touch a metallic object or another person as the charge is released.
Air pressure – I mentioned that sudden variations in air pressure can cause dizziness. This can be observed if you stand with your ear to an elevator door. One ear experiences different pressure to the other which makes you feel giddy. Whether or not the lift shaft could cause such an effect is unknown but I would expect this to be unlikely.
Summary
• Our advice to Craig was to carry out a test by isolating the ventilation system (above his apartment ) and test whether he notices a change. At this per we have not confirm if this is feasible as it may impact on the ventilation operation. If he does notice a change, an air conditioning or ventilation specialist needs to attend to balance the motor & address vibration issues.
• Arrange for a company who are expert in detecting radiation to attend site and carry out relevant testing with appropriate equipment.
• Liaise with electrical engineering company for further evaluation on other possibilities that may be imminent.
We are happy to assist in any other way and look forward to hearing from you.
Regards,
Glenn Rosen
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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: George Ziri [mailto:georgeziri at bfms.com.au]
Sent: Wednesday, 22 October 2014 1:52 PM
To: Pia Cunningham; 'Matt Perkins'; ec at 200william.com<mailto:ec at 200william.com>
Subject: RE: [200William-EC SP67851] Notice from Fair Trading to attend mediation.
Thanks Pia.
But leave the building matters for me to take care of ☺.
The engineer who investigated the concern rejected the claim as the minimal drip was not in a habitual area. The OC have taken that advice and decided not to look into further. Should this matter go before an adjudicator it may fold either way.
Worse case scenario would be that the OC is instructed to make good. When and if that occurs then a drip tray will be installed to catch the minimal drip.
<image020.jpg>
From: ec-bounces at 200william.com<mailto:ec-bounces at 200william.com> [mailto:ec-bounces at 200william.com] On Behalf Of Pia Cunningham
Sent: Wednesday, 22 October 2014 1:03 PM
To: 'Matt Perkins'; ec at 200william.com<mailto:ec at 200william.com>
Subject: Re: [200William-EC SP67851] Notice from Fair Trading to attend mediation.
Good Afternoon All,
I attended mediation this morning against Craig at unit 601.
I have attached my noted from today.
To summarize, Craig will not remove the screen and will be seeking retrospective approval for the screen. He also has photos to show that the screen has been in place for 3 years and wants to know why the complaints have only started now. I was firm in that it doesn’t matter how long it has been there, there is a breach in the by laws and it must be removed.
He has also addressed the water penetration to the unit and the calcification around the penthouse apartments.
As we have a duty to repair and maintain common property and to avoid him lodging an application for orders by an adjudicator, would you like me to arrange quotes from engineers to investigate these issues?
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
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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 Matt Perkins
Sent: Monday, 20 October 2014 9:36 AM
To: ec at 200william.com<mailto:ec at 200william.com>
Subject: Re: [200William-EC SP67851] Notice from Fair Trading to attend mediation.
The problem is not one of damage to the building. The problem is that the screen blocks his neighbors view of the Harbor and bridge. He put the screen there because of there ongoing war that has raged between them over the last two years that has resulted in police criminal charges toward him for malicious damage and an apprehended violence order.
On 20/10/2014 9:27 am, Pia Cunningham wrote:
Good Morning,
Yes, I have the files and will be attending mediation this Wednesday on behalf of the owners corporation.
I do need further instruction though. Do we want he immediate removal or are we willing to allow it on the basis that a by law is accepted to protect the owners corporation from any damage?
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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From: ec-bounces at 200william.com<mailto:ec-bounces at 200william.com> [mailto:ec-bounces at 200william.com] On Behalf Of Rob Willett
Sent: Monday, 20 October 2014 5:54 AM
To: ec at 200william.com<mailto:ec at 200william.com> ec at 200william.com<mailto:ec at 200william.com>
Subject: [200William-EC SP67851] Notice from Fair Trading to attend mediation.
Brook,
Thanks very much for your expertise on this.
Pia, can you confirm you have the relevant files for the hearing and that you are acting on this instruction.
Many thanks
ROB
<image026.jpg>
On 19 Oct 2014, at 4:44 am, Brook Beves <brookbeves at bigpond.com<mailto:brookbeves at bigpond.com>> wrote:
On 18/10/14 20:25, Matt Perkins wrote:
Hi All,
I have received a notice from Fair Trading stuffed into my mail box.
(which I dont check or publish so it must have come from Mr Laforest) I
have a po box.
It is a notice to appear before mediation regarding the matter of the
screen on 601's balcony.
File No SM14/1407RG SP 67851
Pia. Is this something you do on our behalf or do I have to attend this.
It's addressed to the Secretary. I have a full day of meetings that day
and can not attend. I think Brook was interested in representing us and
I have no problem with that.
The mediation is scheduled for 10AM on Wednesday 22nd of October 2014
at Level 13 175 Castlereagh Street Sydney.
Matt.
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Hi Matt, Pia and all
I will not be in Sydney on the 22nd October the scheduled day for this
mediation, however, I recall reading an email from Pia saying she was
appearing on our behalf.
Pia, I would suggest the following tactics at the mediation if the
matter proceeds.
Firstly, LaForest is going assert that this screen has been there for
some years and he will rely upon the 2 photographs that he has
tendered. The photograph which purports to be taken some years ago does
not clearly show the screen jutting out to the balcony railing. Diana
Denison (the complainant) should really be appearing to inform the
mediator that this screen has only appeared in sight from her side of
the balcony when this matter was brought to the attention of the EC back
in early July.
Secondly, a video was taken (I think by Dianas friend Phil) from their
side of the balcony showing this screen jutting out past the separating
brick wall of the 2 balconies and it also shows this screen flapping
uncontrollably in the wind. That video is critical to these proceedings
and should be shown to the mediator.
Regards
Brook
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