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| From: | SP52948 owner |
|---|---|
| To: | Robert Crosbie, Stuart Greene |
| Subject: | VOTING PAPER: SP52948 Lot 158 voting against both Motions at EGM on 13Jan2021 |
| Date: | 13/1/21, 18:35 |
Good afternoon,
Keeping animals is a long overdue By-Law and fully supported by Lot 158 under proper, equal-rights-for-all-owners, conditions. However, based on fact that Lot 88 has already breached current SP52948 By-Laws, unless there is evidence that they paid the fees that would apply under equal terms to all future owner and tenants:
(10) In approving any applications made under this By-Law, the Strata Committee may impose further conditions or fees as it sees fit.
Because SP52948 By-Laws have history of discriminatory, oppressive, and inequitable benefits for selective group of owners, Lot 158 cannot vote for motion 2 at EGM 2021 unless the Special By-Law conditions are changed.
For example, Lots 80, 86, 152, and 161 (the latter one in as recent as 2019) were prevented from having a small dog in the past without any reasonable justification.
The best way to achieve it would be to clearly define fees and amounts that would apply in this Special By-Law to ALL owners equally (including Lot 88 retrospectively).
a) As of today, 13 January 2021, notice of EGM scheduled for 15 January 2021 has never been displayed on any of the six notice boards in the complex. Video and photo evidence has been silently collected for NCAT case 20/33352.
This is in non-compliance with SSMA 2015 Schedule 1, Section 11(b).
b) Waratah Strata Management is asked to provide unredacted evidence that new owner(s) of Lot 148 received agenda for EGM 2021 with copy of the minutes of the AGM 2020.
A copy of the minutes from the last general meeting (for owners
not previously given a copy) must be provided.
c) Based on fact that we had serious incident with Lot 190 sunroom frame being blown away on 29 November 2020, EGM should have had a Motion to consider building defects and rectification (along with overdue roof membrane upgrades and other work that is required due to negligence to maintain common property).
Not only owners were not informed about it but attachment "SSP52948-Block-A-elevator-notice-Lot-190-sunroom-window-refitting-photo-1-18Dec2020.webp" shows that details of the incident were not disclosed and gave appearance that this was just a "replacement" effort.
In addition, without any evidence of engineering assessments, Block B and C had extra work done in December 2020 but such work has seemingly not been completed for Block A and D:
SP52948-basement-Block-B-extra-pop-rivets-in-sunrooms-photo-2-17Dec2020.webp
SP52948-Block-C-elevator-notice-extra-pop-rivets-for-sunroom-frames-photo-1-19Dec2020.webp
Do we have discrimination against owners in Block A and D and where are the professional assessments before any work is done?
d) Agenda for EGM 2021 did not contain the details of the insurance policy held by the owners corporation (one provided in agenda for AGm 2020 was incomplete and did not contain full details of excesses and the policy number).
Same applies to:
e) Owners were not notified that Lot 88 allegedly "obtained" approval for keeping a small dog in their unit without formally having legal rights to do so before EGM 2021. As well, other unit owners did not have such privilege in the past.
f) Lot 158 votes against both Motions unless Lot 88 provides evidence that they have complied with:
(7) The Strata Committee may require, as a condition of approval, for the Animal to have undertaken a behavioural training course, and a certificate of completion to be furnished to the owners corporation from an accredited learning institution within 3 months of approval.
(9) If an owner or occupier of a lot is authorised to keep an animal on the lot, the owner or occupier must:
(a) keep the Animal within the lot (except when entering or leaving the lot);
(b) have the animal in a suitable carrier while on common property. (In the case of a may be used when on common property outside buildings.);
(c) take any action that is necessary to immediately clean all areas of the lot or the common property that are soiled by the Animal:
(d) ensure that all waste matter generated by the Animal is disposed of promptly and hygienically, so as to ensure that no unpleasant odour or other nuisance is caused:
(e) ensure that the Animal does not cause a nuisance or hazard to an owner or occupier of another lot, or unreasonably interfere with the use or enjoyment of another lot or of the common property:
(f) register that animal with the Owners Corporation by providing details to be able to reasonably identify the animal including breed, age and sex, and a recent photograph of the animal; and
(g) comply with the Companion Animals Act 1998.
(10) In approving any applications made under this By-Law, the Strata Committee may impose further conditions or fees as it sees fit.
Regards,
