[200William-EC SP67851] SP 67851 - DP 1040255 - Reconvened Annual BMC Meeting & Building Management Fees

Patrick Rush prush at stratatitle.com.au
Tue Aug 2 13:22:04 AEST 2016


Dear Committee,

I am happy to assist with providing advice for this matter to you and feel that the best option at this stage is for the Owners Corporation SP 67851 to seek their own, independent legal advice as SP 67850 have already sought their own advice.

I would be more than happy to seek fee proposals for such advice.

Please confirm if you are happy for me to do so and I will send the requests, unless you have an alternate option for legal advice?


Kind regards,
Patrick Rush
Strata Manager

Phone: (02) 9266 2600 | Email: prush at stratatitle.com.au<mailto:northshore at stratatitle.com.au> | Address: PO Box 2727, Taren Point, NSW 2229

[cid:BEA4112D-982D-40A7-9E7A-95F7B76E7ACE at fritz.box]<http://www.stratatitle.com.au/>        [cid:C9038DE0-22F0-48A5-82C9-2AAA48233316 at fritz.box] <http://www.facebook.com/StrataTitleManagement>     [cid:E179D377-28C0-4C30-A8C6-AEA7CFCA04E5 at fritz.box]  <http://www.linkedin.com/company/strata-title-management-stm>    [cid:1950DB4B-6066-468B-8AD1-875EFBC4D48C at fritz.box] <http://www.twitter.com/STMStrata>     [pinterest.png] <http://www.pinterest.com/STMStrata>     [google_plus.png] <http://plus.google.com/+StrataTitleManagemenSydney>

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/<http://www.stratatitle.com.au/disclaimer/>
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From: ec-bounces at 200william.com [mailto:ec-bounces at 200william.com] On Behalf Of Matt Perkins
Sent: Monday, 1 August 2016 4:51 PM
To: ec at 200william.com
Subject: [200William-EC SP67851] Fwd: RE: DP 1040255 - Reconvened Annual BMC Meeting & Building Management Fees


Hi All,

I received this response from Andrew regarding the paying back of money. It's my option that he is asking us here if we want to negotiate a price. Brook. I think you are best qualified to respond to this issue.  Im not a solicitor.

Patrick has said to me previously he can not offer any advice. We seem to be on our own here gain.  Please instruct me how to continue with Andrew.

Matt.



-------- Forwarded Message --------
Subject:

RE: DP 1040255 - Reconvened Annual BMC Meeting & Building Management Fees

Date:

Mon, 1 Aug 2016 06:44:04 +0000

From:

Andrew Veron <av at charlesstuart.com.au><mailto:av at charlesstuart.com.au>

To:

Matt Perkins <matt at spectrum.com.au><mailto:matt at spectrum.com.au>






Thank you for the response.

The fact that the Building Manager from the Residential fails to understand the areas of responsibility is not the fault of the commercial. This issue has been on the tabled for years.

On your response I need to ask for direction from my client, their response is not one I think will benefit anyone or the buildings values.

It would be far better to avoid that if possible. Is there another alternative other than me delivering a flat NO?

Regards

Andrew Veron
0418 225 345
[Description: Charles & Stuart]
Charles Stuart Suite 3, Level 1
23-25 Bay Street Double Bay NSW 2028
Tel 02 9327 6444 Fax 02 9326 2740
www.charlesstuart.com.au<http://www.charlesstuart.com.au>
This email is confidential. If you are not the intended recipient, you must not disclose or use the information contained within.
If you have received this email in error, please notify us immediately by return email and delete the document.

From: Matt Perkins [mailto:matt at spectrum.com.au]
Sent: Monday, 1 August 2016 4:33 PM
To: Patrick Rush; Andrew Veron
Cc: Ben Mees; ec at 200william.com<mailto:ec at 200william.com>; 'marquis at bmfs.com.au<mailto:marquis at bmfs.com.au>'
Subject: Re: DP 1040255 - Reconvened Annual BMC Meeting & Building Management Fees

My discussions of late have indicated that we will not be paying back the $29,575 It's our belief that the commercial strata used (and continue to use) the residential building manager.  As recent as last Friday our manager was contacted regarding damage to the level G toilet. The log from the residential building manager clearly states lots of work done for the commercial  strata during the period the commercial strata wants paid back.

It's the EC's position that as the residential building manager  has  been conducting work for the Commercial tenants throughout the period in question the residential strata will not be paying it back.


Matt




On 1/08/2016 3:29 PM, Patrick Rush wrote:
Dear Andrew & Matt,

Apologies for the delay in responding to you in relation to what would be required to proceed with the adjourned Annual BMC Meeting.

Below are the figures that relate back to December 2011 for the Building Management Fees paid by the BMC to BFMS.

The total payments made were $163,821.67 including GST. The payments from October 2015 have already been paid back to SP 67851 as this was when the new contract was entered into with BFMS and SP 678751 only. These payments total $18,643.65 including GST.

This means the remaining $145,718.02 including GST was paid directly form the BMC Trust Account. The Residential (SP 67851) paid $116,142.42 including GST & Commercial (SP 6785) paid $29,575.60 including GST of this amount as per the costs shares detail in the SMS for Marquis.

As, In understand Andrew, you believe that the $29,575.60 including GST should be paid back to the Owners SP 67850 from The Owners SP 67851's Trust Account. Can you confirm this is correct?

If this is the case, Matt can you confirm that you would like to organise a Committee Meeting to discuss this request and seek direction for the Adjourned Annual BMC Meeting to proceed with an understanding if the above matter is going to be resolved?


Kind regards,
Patrick Rush
Strata Manager

Phone: (02) 9266 2600 | Email: prush at stratatitle.com.au<mailto:northshore at stratatitle.com.au> | Address: PO Box 2727, Taren Point, NSW 2229

[cid:BEA4112D-982D-40A7-9E7A-95F7B76E7ACE at fritz.box]<http://www.stratatitle.com.au/>        [cid:C9038DE0-22F0-48A5-82C9-2AAA48233316 at fritz.box] <http://www.facebook.com/StrataTitleManagement>     [cid:E179D377-28C0-4C30-A8C6-AEA7CFCA04E5 at fritz.box]  <http://www.linkedin.com/company/strata-title-management-stm>    [cid:1950DB4B-6066-468B-8AD1-875EFBC4D48C at fritz.box] <http://www.twitter.com/STMStrata>     [pinterest.png] <http://www.pinterest.com/STMStrata>     [google_plus.png] <http://plus.google.com/+StrataTitleManagemenSydney>

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/<http://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.





--

/* 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

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