[200William-EC SP67851] SP 67851 - DP 1040255 - Reconvened Annual BMC Meeting & Building Management Fees
Matt Perkins
matt at spectrum.com.au
Tue Aug 2 17:04:44 AEST 2016
Are you saying there will be a vote but you will instruct everyone to to
vote in favor as required under the law ? If so i guess that clears it up.
Matt
On 2/08/2016 3:36 PM, Patrick Rush wrote:
>
> 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
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> **
>
> *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
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> <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
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>
> **
>
> *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
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> <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 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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