[200William-EC SP67851] AGM - SP67851
Matt Perkins
matt at spectrum.com.au
Tue Apr 14 16:40:05 AEST 2015
I dont mind that one. Im not sure I would say solicitor. I think the
Statement
legal costs including strata managers costs incurred by the Owners Corporation
is more open. Im happy to have that in what does everyone else think.
Matt.
On 14/04/2015 4:36 pm, Pia Cunningham wrote:
> Hi All,
>
> Please see suggested amended by law:
>
> The Owners Strata Plan No. 67851 (the “Owners Corporation”) by SPECIAL RESOLUTION, pursuant to Section 47 of the Strata Schemes Management Act 1996 (the “Act”), make an additional by-law for the benefit of all owners within the strata scheme in the following terms:
>
> Special By-Law No. Legal Action and Recovery of Costs
>
> 1. This by-law is made for the purposes of control management, save to costs and control of levy income.
>
> 2. For the purposes of this by-law, “Owner” means any owner or owners of a lot in strata plan no.67851
>
> 3. For the purposes of this by-law, “Resident” refers to the person or group of persons that occupy or reside in a particular lot within the strata scheme pursuant to a licence or residential tenancy agreement.
>
> 4. In the event that an Owner of a lot initiates a legal proceeding against the Owners Corporation in a Court or Tribunal and is unsuccessful in their application or case, the Owner shall be liable to the Owners Corporation to pay the legal costs including strata managers costs incurred by the Owners Corporation on a solicitor – client basis and upon demand.
>
> 5. The legal costs may be recovered from the Owner as a debt due to the Owners Corporation on 14 days demand with interest at the rate of 10% per annum until the debt is paid to the Owners Corporation in full.
>
> Should you have any queries regarding the above, please do not hesitate to contact me.
>
> Have a nice day,
>
> Kind regards,
> Pia Cunningham
> Strata Manager
> BMC Manager and
> Company Title Manager
>
> Phone: (02) 9266 2600 | Email: pcunningham at stratatitle.com.au | Address: PO Box 72, STRAWBERRY HILLS NSW 2012, Level 7, 447 Kent Street, SYDNEY NSW 2000
>
>
>
> Emailed Communication / Documents Disclaimer
> STM Limited takes no responsibility for content included in this email when relating to a client matter.
> Please view Vesture’s full email communication disclaimer on our website – www.stratatitle.com.au/disclaimer/
>
>
>
> 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.
>
>
> -----Original Message-----
> From: Pia Cunningham
> Sent: Tuesday, 14 April 2015 4:23 PM
> To: 'Matt Perkins'; ec at 200william.com
> Subject: RE: [200William-EC SP67851] AGM - SP67851
>
> Thanks Matt,
>
> I can fiddle around with it and change it as you suggest to allow us to bill an owner for costs incurred when findings are in the owners corporations favor and the action was brought by the owner?
>
> Should you have any queries regarding the above, please do not hesitate to contact me.
>
> Have a nice day,
>
> Kind regards,
> Pia Cunningham
> Strata Manager
> BMC Manager and
> Company Title Manager
>
> Phone: (02) 9266 2600 | Email: pcunningham at stratatitle.com.au | Address: PO Box 72, STRAWBERRY HILLS NSW 2012, Level 7, 447 Kent Street, SYDNEY NSW 2000
>
>
>
> Emailed Communication / Documents Disclaimer STM Limited takes no responsibility for content included in this email when relating to a client matter. Please view Vesture’s full email communication disclaimer on our website – www.stratatitle.com.au/disclaimer/
>
>
>
> 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.
>
>
> -----Original Message-----
> From: Matt Perkins [mailto:matt at spectrum.com.au]
> Sent: Tuesday, 14 April 2015 4:21 PM
> To: Pia Cunningham; ec at 200william.com
> Subject: Re: [200William-EC SP67851] AGM - SP67851
>
> I like where your going with this one Pia, But I dont think I would vote for it. I know in our situation it would be handy. But Im a bit of a lefty so Im not fond of the idea of OC being able to take action toward you at every turn and then charging you for the privilege.
>
> I think the cost of action to the OC is a deterrent to the OC taking frivolous action toward an owner. A situation could occur where a hostile EC could simply make unfounded claims about noise for example and screw over an owner.
>
> I dont know what everyone else thinks as I said im a bit of a lefty. Im happy to have it go on the agenda if everyone else wants it. Im not likely to vote for it.
>
> Now if there was a bylaw that would allow us to bill an owner for costs incurred when findings were in the EC's favor and the action was brought by the owner. That I wouild go for.
>
> Matt.
>
>
> On 14/04/2015 4:06 pm, Pia Cunningham wrote:
>> Thanks Matt,
>>
>> Unfortunately, we cant as the legislation states we must accept nominations at the meeting. Hopefully this will change with the new legislation.
>>
>> Attached is the draft budget Ed.
>>
>> Also, I was having thoughts about adding another special by law. Please see by law I have in mind:
>>
>> The Owners Strata Plan No. 67851 (the “Owners Corporation”) by SPECIAL
>> RESOLUTION, pursuant to Section 47 of the Strata Schemes Management
>> Act 1996 (the “Act”), make an additional by-law for the benefit of all owners within the strata scheme in the following terms:
>>
>> Special By-Law No. Legal Action to enforce By-Laws and abate nuisance
>>
>> 1. This by-law is made for the purposes of managing, controlling,
>> administering and regulating the use and enjoyment of the lots and the common property of the strata scheme.
>>
>> 2. For the purposes of this by-law, “Owner” means any owner or owners of a lot in strata plan no.
>> 73400.
>>
>> 3. For the purposes of this by-law, “Resident” refers to the person or
>> group of persons that occupy or reside in a particular lot within the
>> strata scheme pursuant to a licence or residential tenancy agreement.
>>
>> 4. In the event the Owners Corporation initiates a legal proceeding
>> against an Owner or Resident of a lot in a Court or Tribunal to
>> enforce the by-laws of the strata scheme or to abate a nuisance caused
>> by an Owner or Resident, the Owner shall be liable to the Owners Corporation to pay the legal costs including strata managers costs incurred by the Owners Corporation on a solicitor – client basis and upon demand.
>>
>> 5. The legal costs may be recovered from the Owner as a debt due to
>> the Owners Corporation on 14 days demand with interest at the rate of
>> 10% per annum until the debt is paid to the Owners Corporation in full.
>>
>> Let me know what you think.
>>
>> Should you have any queries regarding the above, please do not hesitate to contact me.
>>
>> Have a nice day,
>>
>> Kind regards,
>> Pia Cunningham
>> Strata Manager
>> BMC Manager and
>> Company Title Manager
>>
>> Phone: (02) 9266 2600 | Email: pcunningham at stratatitle.com.au |
>> Address: PO Box 72, STRAWBERRY HILLS NSW 2012, Level 7, 447 Kent
>> Street, SYDNEY NSW 2000
>>
>>
>>
>> Emailed Communication / Documents Disclaimer STM Limited takes no
>> responsibility for content included in this email when relating to a client matter.
>> Please view Vesture’s full email communication disclaimer on our
>> website – www.stratatitle.com.au/disclaimer/
>>
>>
>>
>> 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.
>>
>>
>> -----Original Message-----
>> From: Matt Perkins [mailto:matt at spectrum.com.au]
>> Sent: Tuesday, 14 April 2015 4:03 PM
>> To: Pia Cunningham; ec at 200william.com
>> Subject: Re: [200William-EC SP67851] AGM - SP67851
>>
>> That looks good to me Pia, Ed can you confirm the numbers for the Budget. Also Pia a question on motion 5.
>>
>> Is it possible to strike part (b) so that all nominations will be done in writing. This will resolve any last minute arguments on the night.
>>
>> Matt.
>>
>>
>>
>> On 14/04/2015 3:33 pm, Pia Cunningham wrote:
>>> Good Afternoon All,
>>>
>>> Please see attached draft agenda.
>>>
>>> Should you have any queries regarding the above, please do not hesitate to contact me.
>>>
>>> Have a nice day,
>>>
>>> Kind regards,
>>> Pia Cunningham
>>> Strata Manager
>>> BMC Manager and
>>> Company Title Manager
>>>
>>> Phone: (02) 9266 2600 | Email: pcunningham at stratatitle.com.au |
>>> Address: PO Box 72, STRAWBERRY HILLS NSW 2012, Level 7, 447 Kent
>>> Street, SYDNEY NSW 2000
>>>
>>>
>>>
>>> Emailed Communication / Documents Disclaimer STM Limited takes no
>>> responsibility for content included in this email when relating to a client matter.
>>> Please view Vesture’s full email communication disclaimer on our
>>> website – www.stratatitle.com.au/disclaimer/
>>>
>>>
>>>
>>> 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.
>>>
>>>
>>> -----Original Message-----
>>> From: Matt Perkins [mailto:matt at spectrum.com.au]
>>> Sent: Tuesday, 14 April 2015 12:36 PM
>>> To: Pia Cunningham; ec at 200william.com
>>> Subject: Re: [200William-EC SP67851] AGM - SP67851
>>>
>>> Thanks. Do you have an idea when the Draft agenda will be done. So we can approve prior to Thursday.
>>>
>>> Matt
>>>
>>> On 14/04/2015 12:33 pm, Pia Cunningham wrote:
>>>> Hi Matt,
>>>>
>>>> We already have a committee member motion in number 5 which has a
>>>> selection on how many members we have :-)
>>>>
>>>> Should you have any queries regarding the above, please do not hesitate to contact me.
>>>>
>>>> Have a nice day,
>>>>
>>>> Kind regards,
>>>> Pia Cunningham
>>>> Strata Manager
>>>> BMC Manager and
>>>> Company Title Manager
>>>>
>>>> Phone: (02) 9266 2600 | Email: pcunningham at stratatitle.com.au |
>>>> Address: PO Box 72, STRAWBERRY HILLS NSW 2012, Level 7, 447 Kent
>>>> Street, SYDNEY NSW 2000
>>>>
>>>>
>>>>
>>>> Emailed Communication / Documents Disclaimer STM Limited takes no
>>>> responsibility for content included in this email when relating to a client matter.
>>>> Please view Vesture’s full email communication disclaimer on our
>>>> website – www.stratatitle.com.au/disclaimer/
>>>>
>>>>
>>>>
>>>> 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.
>>>>
>>>>
>>>> -----Original Message-----
>>>> From: ec-bounces at 200william.com [mailto:ec-bounces at 200william.com]
>>>> On Behalf Of Matt Perkins
>>>> Sent: Tuesday, 14 April 2015 12:30 PM
>>>> To: ec at 200william.com
>>>> Subject: Re: [200William-EC SP67851] AGM - SP67851
>>>>
>>>> Hi Pia,
>>>> Can we also add an agenda item that limits the EC to a total of 5 members.
>>>>
>>>> Matt
>>>>
>>>> On 14/04/2015 12:21 pm, Pia Cunningham wrote:
>>>>> Hi Brook,
>>>>>
>>>>> It most certainly is.
>>>>>
>>>>> Should you have any queries regarding the above, please do not hesitate to contact me.
>>>>>
>>>>> Have a nice day,
>>>>>
>>>>> Kind regards,
>>>>> Pia Cunningham
>>>>> Strata Manager
>>>>> BMC Manager and
>>>>> Company Title Manager
>>>>>
>>>>> Phone: (02) 9266 2600 | Email: pcunningham at stratatitle.com.au |
>>>>> Address: PO Box 72, STRAWBERRY HILLS NSW 2012, Level 7, 447 Kent
>>>>> Street, SYDNEY NSW 2000
>>>>>
>>>>>
>>>>>
>>>>> Emailed Communication / Documents Disclaimer STM Limited takes no
>>>>> responsibility for content included in this email when relating to a client matter.
>>>>> Please view Vesture’s full email communication disclaimer on our
>>>>> website – www.stratatitle.com.au/disclaimer/
>>>>>
>>>>>
>>>>>
>>>>> 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.
>>>>>
>>>>>
>>>>> -----Original Message-----
>>>>> From: Brook Beves [mailto:brookbeves at bigpond.com]
>>>>> Sent: Tuesday, 14 April 2015 12:19 PM
>>>>> To: Pia Cunningham
>>>>> Cc: ec at 200william.com ec at 200william.com
>>>>> Subject: Re: AGM - SP67851
>>>>>
>>>>> Hi Pia
>>>>> Subject to agreement, the AGM and EC meetings are normally held on Level 7 of STM offices, if that is available.
>>>>> Cheers
>>>>> Brook
>>>>>
>>>>> Sent from my iPhone
>>>>>
>>>>>> On 14 Apr 2015, at 12:10 pm, Pia Cunningham <pcunningham at stratatitle.com.au> wrote:
>>>>>>
>>>>>> Hi Brook,
>>>>>>
>>>>>> The locations hasn’t been set yet. Can the committee advise where you wish for the meeting to be held?
>>>>>>
>>>>>> Also, the agenda will be sent on Friday, I haven’t received any additional items from anyone yet, so everyone will have until Thursday night to submit.
>>>>>>
>>>>>> Should you have any queries regarding the above, please do not hesitate to contact me.
>>>>>>
>>>>>> Have a nice day,
>>>>>>
>>>>>> Kind regards,
>>>>>> Pia Cunningham
>>>>>> Strata Manager
>>>>>> BMC Manager and
>>>>>> Company Title Manager
>>>>>>
>>>>>> Phone: (02) 9266 2600 | Email: pcunningham at stratatitle.com.au |
>>>>>> Address: PO Box 72, STRAWBERRY HILLS NSW 2012, Level 7, 447 Kent
>>>>>> Street, SYDNEY NSW 2000
>>>>>>
>>>>>>
>>>>>>
>>>>>> Emailed Communication / Documents Disclaimer STM Limited takes no
>>>>>> responsibility for content included in this email when relating to a client matter.
>>>>>> Please view Vesture’s full email communication disclaimer on our
>>>>>> website – www.stratatitle.com.au/disclaimer/
>>>>>>
>>>>>>
>>>>>>
>>>>>> 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.
>>>>>>
>>>>>>
>>>>>> -----Original Message-----
>>>>>> From: Brook Beves [mailto:brookbeves at bigpond.com]
>>>>>> Sent: Tuesday, 14 April 2015 11:37 AM
>>>>>> To: Pia Cunningham; ec at 200william.com ec at 200william.com
>>>>>> Subject: AGM - SP67851
>>>>>>
>>>>>> Good morning Pia
>>>>>>
>>>>>> In response to some owners concerns re the AGM, I have informed them that they should receive in the post shortly Notice of the AGM to be held on Tuesday evening 5th May 2015 commencing 6.00 pm in the offices of STM.
>>>>>>
>>>>>> Perhaps you can confirm the above advice.
>>>>>>
>>>>>> Many thanks
>>>>>> Brook
>>>>> _______________________________________________
>>>>> EC mailing list
>>>>> EC at 200william.com
>>>>> http://200william.com/mailman/listinfo/ec
>>>> --
>>>> /* Matt Perkins
>>>> Direct 1300 137 379 Spectrum Networks Ptd. Ltd.
>>>> Office 1300 133 299 matt at spectrum.com.au
>>>> Level 6, 350 George Street Sydney 2000
>>>> Spectrum Networks is a member of the Communications
>>>> Alliance & TIO */
>>>>
>>>> _______________________________________________
>>>> EC mailing list
>>>> EC at 200william.com
>>>> http://200william.com/mailman/listinfo/ec
>>> --
>>> /* Matt Perkins
>>> Direct 1300 137 379 Spectrum Networks Ptd. Ltd.
>>> Office 1300 133 299 matt at spectrum.com.au
>>> Level 6, 350 George Street Sydney 2000
>>> Spectrum Networks is a member of the Communications
>>> Alliance & TIO */
>>>
>> --
>> /* Matt Perkins
>> Direct 1300 137 379 Spectrum Networks Ptd. Ltd.
>> Office 1300 133 299 matt at spectrum.com.au
>> Level 6, 350 George Street Sydney 2000
>> Spectrum Networks is a member of the Communications Alliance
>> & TIO */
>>
>
> --
> /* Matt Perkins
> Direct 1300 137 379 Spectrum Networks Ptd. Ltd.
> Office 1300 133 299 matt at spectrum.com.au
> Level 6, 350 George Street Sydney 2000
> Spectrum Networks is a member of the Communications Alliance & TIO */
>
--
/* Matt Perkins
Direct 1300 137 379 Spectrum Networks Ptd. Ltd.
Office 1300 133 299 matt at spectrum.com.au
Level 6, 350 George Street Sydney 2000
Spectrum Networks is a member of the Communications Alliance & TIO
*/
More information about the EC
mailing list