[200William-EC SP67851] SP 67851 - Mediation

Wed Oct 9 15:47:20 AEDT 2019

You guys are awesome . Thanks
We Would be keen to see a video/videos  of the leak..
Cathy 

Sent from my iPhone. 
Please excuse typos

Cathy Rechichi
PRODUCER AT LARGE
0411464628

> On 9 Oct 2019, at 11:43 am, Brook Beves <brookbeves at bigpond.com> wrote:
> 
> Thanks Adam and I totally agree with you.
>  
> I am awaiting a return call from Sarkis to discuss what occurred at the mediation and what was put in response to his allegations of continued water penetration, and the fact that the BC is currently undergoing exploratory water flooding of the entire level 7 above his unit to ascertain the validity of his complaints, at further costs to the strata.
>  
> The history of this issue has been well recorded over the years, with engineer reports, work already done and the costs to the body corporate and unit owners. I do not believe his allegations of continued water ingress from level 7 and I also believe his complaints are spurious and without evidence.
>  
> The history of Mr LaForest is also well recorded, ie: In 2013 having been charged by the police for “malicious damage” over a period of time to his neighbours front door: obtaining master keys to restricted areas of the strata and refusing to return them, necessitating all locks to restricted areas having to be changed at costs to the strata, for which he was held liable; smearing his neighbours front door with a blood like muck; poisoning his neighbours plants and throwing projectiles over the common verandah boundary wall with his neighbour; and years of persistent allegations of “electrical surges” within his unit. Not to mention the numerous complaints by individual unit owners to the police concerning the conduct of Mr LaForest.
>  
> I am astounded that the mediator and the NCAT Tribunal can make orders without satisfying themselves without solid evidence as to the validity of his claims.  As Adam has mentioned, LaForest presents well and would be very convincing to the outsider.
>  
> As it has been agreed at this mediation session we should proceed with items 1 and 2, in Sarkis’ email with item 3 being dependant upon proof of water ingress.
>  
> The result of the water flooding to level 7 will be interesting, and should it prove negative, I support Adams proposal that it would cheaper to spend say $20K in legals to prove to NCAT that Mr LaForests’ allegations are spurious and without foundation. If established costs could be awarded in favour of the strata.
>  
> We should also investigate the possibility that the water coming from his plaster ceiling is from the pipes connected to his internal air conditioning. That is not common property and is his responsibility.
>  
> Many thanks
> Brook
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> From: Creighton, Adam [mailto:creightona at theaustralian.com.au] 
> Sent: Wednesday, 9 October 2019 1:36 PM
> To: Sarkis Mouawad <smouawad at stratatitle.com.au>
> Cc: matt at perkins.id.au; brookbeves at bigpond.com; cathytheproducer at gmail.com; ennvvest at gmail.com; katherine.french at bigpond.com; Marquis at bfms.com.au; ec at 200william.com; Sarah Copley <scopley at stratatitle.com.au>
> Subject: Re: SP 67851 - Mediation
>  
> Thanks Sarkis and EC
> Was there concrete evidence presented at the hearing that the complaint may in fact have been exaggerated? I thought this issue was unclear.
> If we as a committee believe there's no evidence to warrant $70k repairs, it would presumably be cheaper to pay legal fees of $20k to fight the decision $70k into the bottomless pit that is Craig's complaints. 
> The mediator will obviously sympathise with Craig because he is present and presents well. 
> Just a thought.
> hope all's well.
> Aam
>  
>  
> On Wed, 9 Oct 2019 at 13:08, Sarkis Mouawad <smouawad at stratatitle.com.au> wrote:
> Hi All,
>  
> In reference to the mediation which took place on 8 October 2019 please note the following occurred:
>  
> The matter was discussed, both past items and present issues.
>  
> The mediator made it extremely clear that should Mr Laforest apply to the tribunal an order would be made in his favour, that the owners corporation would be ordered to repair and maintain common property.
>  
> The mediator was aware of the extent that the owners corporation has gone to rectify the issue and the amount spent.
>  
> Final items agreed was that without the following process Mr Laforest would apply to the tribunal:
>  
> By 5 November 2019 – that we have sourced 2 quotations to rectify the water ingress – In this process inspection of his lot will occur to ensure the ingress is still occurring.
> By End of November 2019 – A General Meeting be called to approve one of the quotations received.
>  
> 
> Works to be finalised by End of February 2020.
>  
> 
>  
> I have informed the mediator the Warranty is a serious issue in the delay of these works.
>  
> What I recommend is that Darren continue sourcing quotations and we view our position at the end of the Month.
>  
> This is obviously the short version of what occurred but can discuss this more over the phone or in person.
>  
> Warm regards,
>  
> Sarkis Mouawad
> Community Manager
>  
>  
> <image001.png>
> 
> t.  (02) 9266 2600
> d. (02) 8204 6437 
> e. smouawad at stratatitle.com.au      
> a. Suite 6/ 78-80 – Alexander Street, Crows Nest NSW 2065
>  
> <image003.jpg>
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> ADAM CREIGHTON
> Economics Editor
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> T +61 2 9288 3995 M +61 457 806 706 
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