Seems so [😊]
Tough!
________________________________
From: cpactiongroup-bounce@xxxxxxxxxxxxx <cpactiongroup-bounce@xxxxxxxxxxxxx>
on behalf of annesullivan3 annesullivan3 <annesullivan3@xxxxxxxxxxx>
Sent: Friday, 10 February 2017 1:28 PM
To: cpactiongroup@xxxxxxxxxxxxx
Subject: [cpactiongroup] Re: Strata plan 90441 (SP90441)
Alexander,
Sore point!
Anne
------ Original Message ------
From: "Alexander Ashley-Carrington" <alexander_ac@xxxxxxxxxxx>
To: "Neil Kerz" <nkerz@xxxxxxxxxxx>; "ashley_van_amstel@xxxxxxxxxxx"
<ashley_van_amstel@xxxxxxxxxxx>
Cc: "Minh Hua" <cpmanagement.strata@xxxxxxxxx>; "'Henry Wong'"
<henry.wong@xxxxxxxxxxxxxxxxxxxxxx>; "council@xxxxxxxxxxxxxxxxxxxxxx"
<council@xxxxxxxxxxxxxxxxxxxxxx>; "Jodi McKay"
<Jodi.McKay@xxxxxxxxxxxxxxxxxxxxx>; "sc@xxxxxxxxxxxxxxxxxx"
<sc@xxxxxxxxxxxxxxxxxx>; "raj.datta@xxxxxxxxxxxxxxxxxxxxxx"
<raj.datta@xxxxxxxxxxxxxxxxxxxxxx>
Sent: Friday, 10 Feb, 2017 At 11:56 AM
Subject: [cpactiongroup] Re: Strata plan 90441 (SP90441)
Mr Kerz,
I do not feel I have made any misconceived assertions and you have not pointed
out anything where you feel I have. As such as an owner I want to know where
are the facilities we're meant to have. I have attached photos of parking
spaces that are marked as Disabled Parking (some of which were painted over)
and have been allocated to Lots and a Certificate of Title indicating the
ownership of the Utility Lot 525 is not owned buy our strata plan.
As you are the owners elected representative I believe your are obliged to
investigate all concerns where there appear to be anomalies in the Strata Plan.
I have pointed out some very obvious discrepancies between what the Strathfield
Council has outlined should be there and what is actually there.
I ask that you do your job as our elected representative and obtain the facts
of who sold the utility lot (525/SP90441) and who authorised it as well as why
aren't there any Visitor Parking spaces. If it turns out that everything is
above board then so be it but his information must be provided so the owners
can see this for themselves, after all we are the ones who own the property and
pay for it's maintenance.
Additionally you appear to be representing the developer rather than the owners
as our elected representative, I feel this is an untenable position for you as
you have "one foot in each camp" and as such do not appear to be representing
the owners best interests.
I look forward to your prompt response.
Regards,
Alexander Ashley-Carrington
G103/81-86 Courallie Avenue
Homebush West NSW 2140
0408115011
________________________________
From: Neil Kerz <nkerz@xxxxxxxxxxx>
Sent: Friday, 10 February 2017 10:29 AM
To: 'Alexander Ashley-Carrington'
Subject: RE: Strata plan 90441 (SP90441)
Mr Ashley-Carrington,
The various assertions in your original correspondence are misconceived, both
legally and factually.
I do not propose to enter into further correspondence with you on those issues.
However, I give you notice that the developer regards your distribution of
those assertions to date as defamatory, and further, that any further
distribution of those assertions will be pleaded as an aggravating
circumstance in any proceeding for defamation which the developer may institute
against you.
Regards
LANSARI PTY LTD
Development Manager
Per: Neil Kerz
info@xxxxxxxxxxx<mailto:info@xxxxxxxxxxx>
From: Alexander Ashley-Carrington [mailto:alexander_ac@xxxxxxxxxxx]
Sent: Thursday, 9 February 2017 11:45 AM
To: Neli Kerz <nkerz@xxxxxxxxxxx>; ashley_van_amstel@xxxxxxxxxxx
Cc: Minh Hua <cpmanagement.strata@xxxxxxxxx>; 'Henry Wong'
<henry.wong@xxxxxxxxxxxxxxxxxxxxxx>; council@xxxxxxxxxxxxxxxxxxxxxx; Jodi McKay
<Jodi.McKay@xxxxxxxxxxxxxxxxxxxxx>; sc@xxxxxxxxxxxxxxxxxx;
raj.datta@xxxxxxxxxxxxxxxxxxxxxx
Subject: RE: Strata plan 90441 (SP90441)
Importance: High
Neil,
You have not responded to any of the points I've raised in my email (see below)
and simply and incorrectly stated that; quote "Centenary Park is being, and has
to date been, carried out pursuant to and in accordance with conditions of
development approved by Strathfield Council" unquote. If this was the case and
you have followed Strathfield Council's approved development conditions, then
where is the visitor parking, car-wash bay or bicycle parking for SP90441?
According to Strathfield Council's DCP-25 79 Courallie Ave Homebush
West<https://www.strathfield.nsw.gov.au/assets/Planning/Planning-Instruments/DCP-25-79-Couralie-Ave-Homebush-West.pdf>,
Sections 3.2.5.b/3.2.5.g/3.2.5.i, which clearly states these facilities are
required. If the developer is in possession of documentation from Strathfield
Council authorising the developer not to provide the above facilities then
please provide all of this information.
As I seriously doubt any such documentation or approval exists please respond
fully to my original enquiry as soon as possible.
Regards,
Alexander Ashley-Carrington
G103/81-86 Courallie Avenue
Homebush West NSW 2140
0408115011
________________________________
From: Neil Kerz <nkerz@xxxxxxxxxxx<mailto:nkerz@xxxxxxxxxxx>>
Sent: Thursday, 9 February 2017 10:44 AM
To: 'Alexander Ashley-Carrington'
Subject: FW: Strata plan 90441 (SP90441)
Mr Ashley-Carrington,
Your strata manager has referred your email message below dated 12 January to
me for reply.
Centenary Park is being, and has to date been, carried out pursuant to and in
accordance with conditions of development approved by Strathfield Council.
Regards
LANSARI PTY LTD
Development Manager
Per: Neil Kerz
info@xxxxxxxxxxx<mailto:info@xxxxxxxxxxx>
From: cpmanagement.strata@xxxxxxxxx<mailto:cpmanagement.strata@xxxxxxxxx>
[mailto:cpmanagement.strata@xxxxxxxxx]
Sent: Friday, 13 January 2017 7:57 AM
To: CP G103 Alexander Ashley-Carrington
<alexander_ac@xxxxxxxxxxx<mailto:alexander_ac@xxxxxxxxxxx>>
Subject: Fwd: Strata plan 90441 (SP90441)
Hi Alexander,
Thank you for show me around and this email with attached - will be sent to the
strata committee for comment.
I noted of your concern about carspace
But it is a complicated dealing with building scales - Strathfield Council is
the principal approval authority.
Noted: it is beyond my capacity as strata manager to investigate further
without legal resources approval spending.
Noted: I currently dealing with structure defects which are in the scope of
work requested by Fair Trading.
See you.
Minh
Sent from my HTC
----- Forwarded message -----
From: "Alexander Ashley-Carrington"
<alexander_ac@xxxxxxxxxxx<mailto:alexander_ac@xxxxxxxxxxx>>
To: "Minh Hua"
<cpmanagement.strata@xxxxxxxxx<mailto:cpmanagement.strata@xxxxxxxxx>>
Cc: "council@xxxxxxxxxxxxxxxxxxxxxx<mailto:council@xxxxxxxxxxxxxxxxxxxxxx>"
<council@xxxxxxxxxxxxxxxxxxxxxx<mailto:council@xxxxxxxxxxxxxxxxxxxxxx>>,
"'Henry Wong'"
<henry.wong@xxxxxxxxxxxxxxxxxxxxxx<mailto:henry.wong@xxxxxxxxxxxxxxxxxxxxxx>>,
"Jodi McKay"
<Jodi.McKay@xxxxxxxxxxxxxxxxxxxxx<mailto:Jodi.McKay@xxxxxxxxxxxxxxxxxxxxx>>,
"Lachlan Geeves"
<lachlan.geeves@xxxxxxxxxxxxxxxxxx<mailto:lachlan.geeves@xxxxxxxxxxxxxxxxxx>>,
"raj.datta@xxxxxxxxxxxxxxxxxxxxxx<mailto:raj.datta@xxxxxxxxxxxxxxxxxxxxxx>"
<raj.datta@xxxxxxxxxxxxxxxxxxxxxx<mailto:raj.datta@xxxxxxxxxxxxxxxxxxxxxx>>
Subject: Strata plan 90441 (SP90441)
Date: Thu, Jan 12, 2017 15:15
Hi Minh,
I'm writing to you regarding our missing Visitor Parking spaces, I have
attached a copy of the Strata Plan covering the unit the we own and occupy
(SP90441 Lot 512 and the supporting Lot Allocation Plans) for your reference
and as can be seen there is no common property set aside for visitor parking,
car-wash bay or bicycle parking which is one of Councils requirements for this
development (refer to DCP-25 79 Courallie Ave Homebush
West<https://www.strathfield.nsw.gov.au/assets/Planning/Planning-Instruments/DCP-25-79-Couralie-Ave-Homebush-West.pdf>,
Sections 3.2.5.b/3.2.5.g/3.2.5.i). I will admit neither me or my solicitor
noticed this however it appears were in good company because neither did Garry
Ryan the Accredited Certifier who signed off on this on 23/10/2014 on behalf
of Council.
There are also some anomalies in the Lot Allocation Plans which could account
for the intended locations of Visitor Parking. Lot 525 has been allocated as a
Utility Lot in the basement car park however it is now being used as private
storage possibly by House 1. Also Lot 499 has two spaces allocated in the
basement car park, a storage space and a single car space however Lot 499 is a
Townhouse which has it’s own internal 2 car garage and internal storage (refer
sheet 19 of 21, Building 13, Basement Level Floor Plan and sheet 15 of 21,
Building 12, Basement Level Floor Plan). What were the intended uses for these
spaces before they were sold off.
An your acutely aware there is only about 50% of the required visitor parking
spaces available in the Estate for the number of units and very few are close
enough to our building to be able to be called convenient. Please investigate
to see if there’s anything that can be done to get the developer to hand back
any spaces that were initially designated as Visitor Parking and appear to have
been sold off and determine who on the SC/OC authorised the sale/transfer of
these asserts.
If you have any questions about this please feel free to contact me.
Many thanks,
Alexander Ashley-Carrington
G103/81-86 Courallie Avenue
Homebush West NSW 2140
0408115011