[200William-EC SP67851] SP 67851 - DP 1040255 - Reconvened Annual BMC Meeting & Building Management Fees
Patrick Rush
prush at stratatitle.com.au
Tue Aug 2 15:36:47 AEST 2016
Hi Matt,
If the work is ordered to be completed by NCAT, the Owners Corporation don't really have a choice and I would be advising Owner of this at the meeting.
It is also a breach of Section 65a of the Strata Schemes Management Act 1996, as the Owners Corporation are required to repair and maintain common property which if not undertaken, a Owner may take the Owners Corporation to NCAT incurring further charges -
STRATA SCHEMES MANAGEMENT ACT 1996 - SECT 65A
Owners corporation may make or authorise changes to common property
65A Owners corporation may make or authorise changes to common property
(1) For the purpose of improving or enhancing the common property, an owners corporation or an owner of a lot may take any of the following action, but only if a special resolution has first been passed at a general meeting of the owners corporation that specifically authorises the taking of the particular action proposed:
(a) add to the common property,
(b) alter the common property,
(c) erect a new structure on the common property.
(2) A special resolution that authorises action to be taken under subsection (1) in relation to the common property by an owner of a lot may specify whether the ongoing maintenance of the common property once the action has been taken is the responsibility of the owners corporation or the owner.
(3) If a special resolution under this section does not specify who has the ongoing maintenance of the common property concerned, the owners corporation has the responsibility for the ongoing maintenance.
(4) A special resolution under this section that allows an owner of a lot to take action in relation to certain common property and provides that the ongoing maintenance of that common property after the action is taken is the responsibility of the owner has no effect unless:
(a) the owners corporation obtains the written consent of the owner to the making of a by-law to provide for the maintenance of the common property by the owner, and
(b) the owners corporation makes such a by-law.
(5) A by-law made for the purposes of this section:
(a) may require, for the maintenance of the common property, the payment of money by the owner concerned at specified times or as determined by the owners corporation, and
(b) must not be amended or repealed unless a special resolution has first been passed at a general meeting of the owners corporation and the owners corporation has obtained the written consent of the owner concerned.
(6) The provisions of sections 52 (3), 54 (2) and (3) and 55 apply to a by-law made for the purposes of this section in the same way as those provisions apply to a by-law to which Division 4 of Part 5 of Chapter 2 applies.
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>
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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: Matt Perkins [mailto:matt at spectrum.com.au]
Sent: Tuesday, 2 August 2016 2:53 PM
To: Patrick Rush; ec at 200william.com
Subject: Re: SP 67851 - DP 1040255 - Reconvened Annual BMC Meeting & Building Management Fees
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
[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.
From: Matt Perkins [mailto:matt at spectrum.com.au]
Sent: Tuesday, 2 August 2016 1:43 PM
To: Patrick Rush; ec at 200william.com<mailto: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] <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.
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]<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
*/
--
/* 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<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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