[200William-EC SP67851] Pack and Send Car Space / Wash bay
Matt Perkins
matt at spectrum.com.au
Wed Aug 19 10:58:05 AEST 2015
Hi Brook,
One more piece of information. Pia has had no luck attempting to Get
Andrew Veron to agree to a have the BMC meeting. She indicated to me
that if he continues to not respond we may be able to have the meeting
without him. (That is mine would be the only vote) If that was the
case it would be a simple for me to simply retract the permission at
that time.
Case solved. Pia. How long before we will be able to have the meeting
if Andrew continues to not respond.
Matt
On 19/08/2015 10:50 AM, Brook Beves wrote:
>
> 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]
> *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
> <mailto: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
*/
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