[200William-EC SP67851] MARQUIS APARTMENTS - PARKING ON COMMON PROPERTY
Pia Cunningham
pcunningham at stratatitle.com.au
Wed Sep 24 10:10:58 EST 2014
Thanks Matt,
This is the by law:
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 No. 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.
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.
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: Matt Perkins [mailto:matt at spectrum.com.au]
Sent: Wednesday, 24 September 2014 9:58 AM
To: Pia Cunningham
Cc: ec at 200william.com
Subject: Re: [200William-EC SP67851] MARQUIS APARTMENTS - PARKING ON COMMON PROPERTY
Great. Let's get it on the agenda for the next EGM.
Matt.
On 24/09/2014 9:57 am, Pia Cunningham wrote:
Hi Matt,
Thank you! I am glad to be on board.
No, the information she provided is incorrect. I have this by law at 12 buildings of mine. I have been challenged on this matter once at NCAT and successfully won the case.
The by law I have allows for both towing and clamping.
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
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.
[cid:image006.jpg at 01CFD7DF.D5D3A550]
From: Matt Perkins [mailto:matt at spectrum.com.au]
Sent: Wednesday, 24 September 2014 9:54 AM
To: Pia Cunningham
Cc: ec at 200william.com<mailto:ec at 200william.com>
Subject: Re: [200William-EC SP67851] MARQUIS APARTMENTS - PARKING ON COMMON PROPERTY
Hi Pia,
And Welcome. Maxine told us on multiple occasions that we could not clamp wheels as it was unlawful and they could call the police. She also informed us that it was unlawful to tow and Georges letter is in fact a bluff.
Can you clarify.
Matt.
On 24/09/2014 9:19 am, Pia Cunningham wrote:
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
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www.stmplus.com.au<http://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.
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On 24 Sep 2014, at 9:17 am, "Matt Perkins" <matt at spectrum.com.au<mailto:matt at spectrum.com.au>> wrote:
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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/* Matt Perkins
Direct 1300 137 379 Spectrum Networks Ptd. Ltd.
Office 1300 133 299 matt at spectrum.com.au<mailto:matt at spectrum.com.au>
Level 6, 350 George Street Sydney 2000
PGP/GNUPG Public Key can be found at http://pgp.mit.edu
*/
--
/* Matt Perkins
Direct 1300 137 379 Spectrum Networks Ptd. Ltd.
Office 1300 133 299 matt at spectrum.com.au<mailto:matt at spectrum.com.au>
Level 6, 350 George Street Sydney 2000
PGP/GNUPG Public Key can be found at http://pgp.mit.edu
*/
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