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| From: | SP52948 owner |
|---|---|
| To: | Russell Young BCS Strata Management |
| Subject: | SUMMARY: Explanation about Missing Special By-Law 4 in SP52948 documents and S108 search |
| Date: | 4/8/14, 1:27 pm |
Hello Russell,
a) The Special By-Law in question was "approved" at the adjourned paper EGM on 24 January 2003 under the following conditions:
* The owners of Lot 3 had carried out the changes to common property without any approval BEFORE they requested the approval to obtain exclusive rights to it.
* The first EGM held on 2 January 2003 failed due to lack of quorum.
* The second EGM, without a single owner present, miraculously had 73 votes well above the quorum, in spite of non-compliance with the SSMA 1996 because proxy votes can be counted at the first general meeting only: additional votes are valid only if the owners attend the adjourned general meeting in person.
* Ever since then the compliance with the Special By-Law was not enforced or even checked by the Strata Manager and the EC. Only in FY 2012/2013, the owners of Lot 3, upon my persistence, provided details of their rushed insurance update that included public liability clause for that year only. Raine & Horne staff confirmed, in email to me, that they had never checked it beforehand.
b) I enclose herewith one of the searches at Land and Property Information. Please check Special By-Law 4 in it.
c) The same Special By-Law is not listed in Raine & Horne Strata Sydney official DocID 2541110 or in any other document given to owners and investors.
d) The current documents provides misleading information to owners and investors, especially the potential buyers of Lot 3, who might not be made aware of a missing Special By-Law that would apply to them in the future.
In addition, it is the duty and obligation of the Strata Manager and the EC to uphold the Special By-Law for owners of Lot 3, which means the proof that they have public liability insurance in amount no less than $5,000.000.00 throughout whole FY 2014 must be made available as per Section 108 and that is what I will request in one month (among the other strata documents).
I hope this summary makes it easier to understand.
What I want is simple: EQUAL rights and privileges for all owners, and proper management of the complex. That is not the case in our complex for many years.
I will simply not accept that one group has more rights than any other, or that poor planning of major works causes massive special levies in next several years. Meriton is known as a shoddy builder who made many complexes pay for their own lack of quality.
For example, the so-called 10-year SF plan that was "suddenly" produced recently:
* Never given to owners at any meeting up to now.
* Was never discussed or approved by owners corporation.
* Does not contain any details of major expenditures like building painting, lift upgrades, additional phone lines (three years ago 10% of owners wanted additional phone lines and last year similar poll showed that owners are disgusted by lack of available land lines), and so on.
Regards,
On 08/04/2014 10:49 AM, Russell Young wrote:
Can you please confirm the exact issue with the By-laws. I believe that Special By-laws 10, 11, 12, and 13 are under the By-law section on Community Hub.
If the issue is that there is no one document which collates them, this is an unfortunate reality of the current legal process for registering By-laws.
We understand that this may be addressed in the forthcoming legislative reform, of Strata.
As it stands, all By-laws should be available, and I believe that they are. Please advise if you believe a By-law is not available on Community Hub.
Kind regards,
Russell Young
Portfolio Manager
Level 2, 51 Rawson Street, Epping, NSW, 2121
Locked Bag 22, Haymarket NSW 1238
-----Original Message-----
From: SP52948 owner
Sent: Thursday, 31 July 2014 4:10 PM
To: Russell Young BCS Strata Management
Subject: Re: PLEASE FILE this document in SP52948 password-protected web site: Statutory Declaration in CTTT File SCS 13/50737
Hello Russell,
Thank you. That is good enough.
Has the document with registered By-Laws been updated to include missing by-law for Lot owner 3 and new by-laws 10, 11, 12, and 13?
I do not wish to waste your time with many requests so I will be quiet until the time I pay for S108 in September. I am sure you are busy enough without me adding to your workload.
If all laws are respected and complied with, I will have no need to be active and that would be good for all parties.
Regards,
On 07/31/2014 03:58 PM, Russell Young wrote:
Good afternoon,
I have added both the Statutory Declaration, and you affidavit sent by separate email at a similar time to below, to the records of the Scheme.
They are not listed on Community Hub, but are available to a searcher performing a search under S108.
Kind regards,
Russell Young
Portfolio Manager
Raine & Horne
Level 2, 51 Rawson Street, Epping, NSW, 2121
-----Original Message-----
From: SP52948 owner
Sent: Tuesday, 29 July 2014 6:51 PM
To: Russell Young
Subject: PLEASE FILE this document in SP52948 password-protected web site: Statutory Declaration in CTTT File SCS 13/50737
Hello Russell,
It seems that my original Statutory Declaration in CTTT File SCS 13/50737 was not shared online (password-protected website at communitye.com.au) for all owners' convenience in SP52948.
Here it is again. I believe current and future owners deserve to have access to it. I have nothing to hide or worry about.
Thank you.