Investigative Journalism and Learning Hub - BCS Strata Management ignored concerns about SP52948 committee meeting outcomes and special by-law for Lot 136 and 137 on 13 March 2012

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From: Debbie Downes BCS Strata Management
To: SP52948 owner
CC: Gary Webb BCS Strata Management
Subject: RE: COMMENTS On Item 9 EC Meeting 22 Feb 2012: Unit 136 and 137 internal door installation
Date: 12/3/12, 9:51 am

The below comments are noted.

Kind Regards

Debbie Downes

Raine & Horne Strata-Sydney

Level 1, Building D, 240 Beecroft Road Epping NSW 2121

-----Original Message-----

From: SP52948 owner

Sent: Monday, 12 March 2012 8:16 AM

To: Debbie Downes; Gary Webb BCS Strata Management

Subject: COMMENTS On Item 9 EC Meeting 22 Feb 2012: Unit 136 and 137 internal door installation

Hello,

I would like to comment on Item 9 in the Minutes of the EC meeting held on 22nd of February 2012:

To consider the application from the owners of units 136 & 137 to install an access internally between the two units. The Chairman noted that a by-law would be required for such works; the managing agent was instructed to supply the owners of units 136 and 137 with the details of a strata lawyer to assist with the relevant paperwork. The committee has no issue in principle with the proposed works and once the relevant paperwork was complete they would be happy to support the application for the special by-law at an Extraordinary General Meeting.

I do not have problem with the proposal if it complies with certain rules that are common sense and do not incur costs to other owners:

a) Firstly, the above statement implies that two different owners hold rights to units 136 and 136, whilst, from what I can see, one person owns both of them.

In the eventual proposal for the by-law it should be stated that both units are owned by same person (or persons?).

b) All assessments for the project must be fully paid by the owners of units 136 and 137:

Legal advice

Structural engineer

Architect

And any other service that applies

c) From the owners corporation point of view, the advice must be sought from the insurance company if such work would increase INSURANCE OF OUR COMPLEX, and IF SO, BY HOW MUCH!?

These details must accompany the submission for the by-law.

d) All work that might be required to reroute cabling and piping for gas, electricity, water, telephone must be paid by the owners of units 136 and 137.

e) Once all relevant assessments are provided to ALL owners, at least one meeting of the executive committee must be allowed for consultation with the owners. There is absolutely no need to rush into Extraordinary General meeting without proper discussion. Any such attempt to bypass general discussion at a "normal" meeting would raise serious questions about duty of care, transparency and accountability of the executive committee and will have to be addressed.

f) Owners of unit 136 and 137 shall indemnify, and keep indemnified, the owners corporation in respect of all claims, actions, costs and expenses whether for injury to persons, or damage to property, arising in any way out of carrying the works and future maintenance.

g) Like in special by-law 4, the owners of units 136 and 137 shall, at all times, keep in effect a public risk insurance policy in a sum no less than $5,000,000 to cover the owners obligations (the sum of five million applied to unit 3 in 2003, it will be up for a discussion if such sum is sufficient nowadays or if it should be increased!).

h) The owners of units 136 and 137 shall reimburse the owners corporation for all costs in the preparation and registration of the by-law.

i) The work to add doors must be undertaken by a qualified tradesperson or company.

j) Since, technically, units 136 and 137 will become one merged lot if the internal door is installed, it will be interesting to analyze how special by-law 9 ("Control of Excessive Water Usage") applies:

Not use more than one washing machine within their lot space.

In any case, proper consultations and evaluations are required.