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

Matt Perkins matt at spectrum.com.au
Tue Aug 2 14:53:20 AEST 2016


I was talking to Darren earlier and it appears that ideas for the 
waterproofing of level 7 are coming through $80k~ If that turns out to 
be the case. We are talking a massive special levy including P4 it could 
be ~$100k  Can I ask what would happen if such a levy is rejected at an 
EGM. Would the tribunal then make orders and the levy would be raised 
without a vote ? What is the mechanics of that.

Matt




On 2/08/2016 2:45 PM, Patrick Rush wrote:
>
> Hi Matt,
>
> Completely agree with you.
>
> Once I have a final response on the request for the adjourned 
> Directions Hearing at NCAT and the quotes for the water ingress 
> repairs, we can call a Committee Meeting to hold an EGM and resolve 
> all issues at the one meeting.
>
> 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
>
> **
>
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>
> *From:*Matt Perkins [mailto:matt at spectrum.com.au]
> *Sent:* Tuesday, 2 August 2016 1:43 PM
> *To:* Patrick Rush; ec at 200william.com
> *Subject:* Re: SP 67851 - DP 1040255 - Reconvened Annual BMC Meeting & 
> Building Management Fees
>
> Thanks Patrick,
>  This is a long complex issue which should have been resolved by Rob 
> years back. I think it would be best discussed at the EC meeting as it 
> is to complex to discuss in email. There should be one shortly because 
> we will need one to kick of the EGM for the special levy to fix water 
> leaks. We will also need to discuss the pending tribunal hearing. 
> Darren also has some other outstanding building expenses which will 
> need to be finalized.
>
>
> Matt.
>
>
> On 2/08/2016 1:22 PM, Patrick Rush wrote:
>
>     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
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>     <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.
>
>     *From:*ec-bounces at 200william.com
>     <mailto: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 <mailto: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
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>         <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 299matt 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 299matt 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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