[200William-EC SP67851] Pack and Send Car Space / Wash bay

Wed Aug 19 10:50:27 AEST 2015

Good morning all

I agree totally with the representations by Paul Marston as to how and why
Pack and Send have been allowed to use the Car Wash Bay, a "designated area"
in contravention to the Commercial Strata Plan.

Specifically, Clause 21 states unequivocally:

"An owner or occupier of a lot must not use the area designated "Easement
for parking 4 wide" shown on the Basement 3 level of the strata plan except
in accordance with the terms of easement for parking 4 wide numbered 4 in DP
1040255."

This area was specifically incorporated in the approved building design and
registered plan.  It is constructed as a car wash bay with spooning to take
away water.  It is clearly marked "WASH BAY ONLY"

The prior arrangement made between R. Willett (EC representative) and A.
Veron (BMC representative and commercial owner) is a nullity and is of no
legal effect.

As you are aware, some time ago I raised this issue at EC meetings and with
R. Willett.  He undertook to approach A. Veron with a view to having Pack
and Send stopped from parking within the Strata and Commercial zones of the
building.  The lease between P&S and Veron does not include parking.  Veron
informed Willett that P&S could park in his parking space.  Veron does not
own a car space.  This was verified by M. Wickey (of STM) who did a Title
Search.

Paul Marston comments are valid and it is only a matter of time before other
owners raise objections to this illegal practice.

I agree to any meeting to resolve this issue and perhaps it may be
appropriate to obtain some legal advice on this point. 

Kind regards

Brook

  _____  

From: ec-bounces at 200william.com [mailto:ec-bounces at 200william.com] On Behalf
Of Matt Perkins
Sent: Wednesday, 19 August 2015 9:51 AM
To: ec at 200william.com
Subject: [200William-EC SP67851] Pack and Send Car Space / Wash bay

Hi All,
 I have had request from one of the new residents for Pack and Send to
remove their car from the wash bay. I explained that they are parking with
permission and the background of how that permission was granted to the
owner. But the owner is not satisfied and believes  they are parking
incorrectly in the wash bay. As you all know I have long been an opponent of
them using the wash bay and was dismayed at Rob's decision to give them
access to it. 

As this owner would like an answer from the EC as to why it was granted and
not overturned and as I was not sportive  of letting them stay perhaps
someone in favor of letting them stay can put their side of the argument. 

Perhaps we could do a EC meeting some time soon and invite the 3 new owners
along to meet them. We could explain some of the history of the building and
how we are trying to put a lot of things write going forward.  Brook this
guy is your next door neighbor and seems a really nice bloke. 

--- Here's a copy of the thread so far ---

Hi Matt,

Thanks for the explanation. Three points.

First, I fully expect that the building's DA does not provide for the use of
that space as a car park and there will be good reasons why. So we are
breaking the law to allow it to be used as such. No strata committee has the
power to break the law.

Second, I would fully expect that Willett did not have the power to act on
his own in giving away a common area with nothing in return. It is quite
easy to imagine the sinister implications of that if it were the case. 

Third, if it were legal to use that large space as a car park, it would be
worth about $4,000 per year. The strata would expect at least this much for
the loss of the common area and the inconvenience it creates. 

Thanks for the heads up on TPG and Foxtel.

Kind regards,

paul

From: Matt Perkins [mailto:matt at spectrum.com.au] 
Sent: Tuesday, 18 August 2015 8:16 PM
To: Paul Marston; 'George Ziri'
Cc: 'Pia Cunningham'
Subject: Re: apt 401/ 200 William

Hi Paul,
 I agree with you. But it's not within the power of the Residential strata
to change the permission under which it was granted to them. The building is
made up of two strata plan's . The residential strata which you and I are
owners in and the commercial strata which covers the commercial premises
within the building. Avis, P&S and the Massage shop. All these lots are
owned by one person.  

The Wash bay if you look at your contracts is not part of the residential
strata plan. It's part of a common area covered by the BMC (Building
Management Committee)  Each AGM both the Residential strata and the
commercial strata elect a representative to vote at the BMC meetings.  I am
the current Residential strata delegate. This is my first year in the roll
and the BMC AGM has not been held as yet this year. Last year the delegate
Rob Willett voted with the rep from the commercial strata to grant
permission for the P&S guys to use the wash bay as parking.  Mr Willett did
not discuss this with anyone else. He just did it. Understandably and like
you we were all dismayed about his decision.  But we are unable to change it
without a vote at the next BMC AGM a vote that must be unanimous as there
are only two members. It's unlikely the commercial strata delegate will vote
to change the arrangement. As such and im sure Pia can explain this better.
I think we are powerless to change the decision by Rob Willett. 

We hope to have a EC meeting soon. I will drop you an email when it's on
Perhaps you could attend. We would all really enjoy meeting you and perhaps
others can give you their view on the "arrangement". Im also happy to have a
chat to you at any time about it. Please give me a call. 

While I have you TPG are going to send the building some correspondence over
the next few days. I suspect it's a request to install their version of
Super Fast Broadband into the building. I seem to remember you are with TPG.
So once they go ahead it would be good news as they can likely change you
over to  their Super Fast Broad Band offering without breaking your contract
etc. I will let you know when they give us an idea of install date. Im sure
they will contact you directly and make an offer once they are installed.
There offer is very much like the First Path offer.  Still no update
regarding Foxtel HD. I have queried it during the week so hope I will get
some feedback from that soon. 

Kind Regards
Matt.

On 18/08/2015 6:51 PM, Paul Marston wrote:

Hello Matt,

I am not sure what BMC is but I cannot comprehend why they would give free
parking in our building. If it was on the market, I would pay for it.
Perhaps these people are still enjoying the income from letting out OUR
valuable asset?

Whatever the situation, why would we ever give away such a valuable
resource, to the cost of all the occupants? Let's make them pay a fair
market price or get out. 

Kind regards,

paul

From: Matt Perkins [ <mailto:matt at spectrum.com.au>
mailto:matt at spectrum.com.au] 
Sent: Tuesday, 18 August 2015 6:12 PM
To: Paul Marston; 'George Ziri'
Cc: 'Pia Cunningham'
Subject: Re: apt 401/ 200 William

Hi Paul,
 Unfortunately the outgoing BMC Representative and president of the
Executive committee granted permission for them to park in that spot. It was
without the support of the EC and unfortunately by the time we found out
about it it was in writing.  It can only be reversed by a vote of the BMC
(which I am  the now the residential representative for  ) and
representative of the commercial strata  essentially a unanimous vote.  As
such it's unlikely to ever be overturned. It's not good news I know but is
out of our control.  I will offer some consolation in that in  the past if
someone has wanted to wash their car and asked P&S politely to move they
have. Also P&S at no cost have offered to accept packages for residents of
the building. In doing so they become a pseudio concierge which is a great
benefit. 

It's not ideal I know but essentially  they have permission to use that as
their space. Im happy to meet up and explain it further if you wish. 

Kind Regards.
Matt

    On 18/08/2015 5:48 PM, Paul Marston wrote:

George, 

I was just wondering why a pack-and-send truck is always parked during the
day in the no parking wash area on P3.

If I am missing something, please tell me; otherwise let's get them out.

Regards,

paul

-- 
/* 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  
*/
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