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Update to owners of DP270336 following AGM Friday 10 November 2017 from the Executive Committee

Dear Owners

Thank you to those of you who attended the Annual General Meeting of our Community Association at Dooley’s Club, Silverwater last Friday.

We appreciate your patience with the length of time it took to register owners’ attendance and checking of proxies presented. The lengthy delay this caused in commencing the meeting is regretted, however, it was pleasing that so many owners stayed to participate in the meeting despite this delay.

Due to the unavailability of the venue after 9:30PM all of the motions on the AGM agenda could not be dealt with and the AGM was adjourned to Monday 4 December 2017.

The Executive Committee (EC) had resolved to hold a special general meeting (SGM) on 4 December 2017 to give owners an opportunity to consider the motions the EC had planned to put to the AGM but were not included in the AGM agenda distributed by Ace Body Corporate.

Consequently, both the adjourned AGM and SGM will be held Monday 4 December 2017 from 6:30PM at Newington Public School.

We are aware that owners will have a number of questions around the adjourned AGM and SGM and we are currently preparing an information update that will provide answers to many of those questions. We will post this information next week.

Thank you again to owners who have expressed their support and thanks to the EC during the last year. We look forward to working with all owners over the next twelve months to maintain and improve all that we collectively value about our Precinct.

Regards
Helen Westwood AM
Chair
Executive Committee DP 270336

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2017 Annual General meeting

Dear Resident,

RE: Annual General Meeting of the Community Association of DP270336 Friday 10th November 2017

Unauthorised AGM

The AGM of DP270336 (P1S) has been called by the managing agent ACE Body Corporate (ACE) without the approval of the Executive Committee. This action by ACE is an attempt to override the decisions of the Executive Committee (EC) elected by owners at the 2016 AGM to govern the Community Association in the interests of all owners.

Legal Advice

The EC has sought legal advice on this extraordinary and unprecedented action by ACE. The legal advice clearly stated that Ace did not have the authority to call an AGM and has acted illegally. The EC notified ACE of the legal opinion and directed ACE to withdraw the AGM notice. ACE refused to comply and advised the AGM would proceed.

It is very concerning that ACE considers that it is entitled to convene general meetings of the Association without reference to the Executive Committee. ACE has even refused to communicate with the Association’s secretary about the AGM.  These actions reveal ACE’s lack of understanding of the role of a managing agent and inability to work with the Executive Committee elected by the members of the Association.

Tender process

A tender process was recently undertaken by the Executive Committee for the appointment of a preferred managing agent. This process was consistent with best practise recommendations from the Owners Corporation network to ensure the EC are achieving value for money. ACE declined the request to attend an interview.

The unauthorised AGM documentation includes a motion for ACE to be reappointed for 2 years with delegated authority to perform all the functions of the Association, Chairperson, Secretary, Treasurer and Executive Committee.

Next Steps

In the interests of limiting costs incurred by the community association, the EC has decided to allow the AGM to proceed and allow the owners to determine the future of our precinct and its management. It should be noted that the EC was very confident that the courts would confirm that ACE acted illegally. However, this course of action may have been very lengthy and costly.

All residents are encouraged to attend the AGM on Friday 10th November 2017 at 6pm at Waterview Dooleys at Silverwater, Clyde Street and support the EC’s recommendations at the meeting.

Additionally, the EC has resolved to hold a Special General Meeting to allow owners to consider the motions the EC was planning to put to the AGM. It should be noted that the agenda for the AGM does not include any of these motions.

Attachment: DP270336 2017 AGM.pdf

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Bins Collection Notice

Dear Owners,

Please put out your Yellow Recycle bins this Thursday 9th November for Friday collection 10th November.

The first Friday collection for Green bins will be commence on Friday 17th November, so please put your bins out on the evening before for this collection

Thank you,

Kind regards.

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Chairperson’s Report – Lot 432

Dear Resident,
On Wednesday 4 October 2017, the Executive Committee of Community Association DP270336 resolved to approve an application for building works from the owner of Lot 432. The application was first submitted to the Community Association in July 2016. The Executive Committee is aware that this application has attracted some discussion and debate among owners. The Executive Committee provides the following information to ensure owners have the facts about the application, process and outcome.

The EC hopes this report has provided owners with an understanding of the decisions and actions it took in dealing with the application for building works for Lot 432. In particular, we have attempted to inform and provide clarity around the lengthy and complicated process this application has been subject to. Please be assured the Executive Committee has acted in the collective interests of owners and the Community Association in all of its deliberations in this matter.

Helen Westwood AM

Chairperson
Executive Committee
Community Association DP270336

Attachment: DP270336 2017 Chairperson Report Lot 432.pdf

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Working Bee – October 2017

Dear Resident,

Since being elected the Executive Committee of P1S have had a strong focus on getting our precinct’s gardening back on track. We have been working with our Gardening Committee and Hayward Landscape Services on how we can best bring our gardens and community areas up to a standard that has our precinct looking well maintained and attractive again.

With Haywards back on the job the gardening has improved, however, there is a lot of work to do to restore many of the areas that deteriorated over the last few years. It will take time for these areas to recover and bring the gardening up to the standard owners and residents expect. To assist during this recovery period the Executive Committee and Gardening Committee are holding a working bee this Saturday to carry out mulching in the community area on Theile Avenue where our noticeboard is located. This will be the first of a number of working bees we plan to hold during this recovery period. All owners and residents are most welcome to join in. The details are:

When: Saturday 7th October 2017
Time: 8:00AM to 12:00PM
Where: Community Area Theile Avenue corner of Pereira Street.

If you have an hour or more spare on Saturday morning it would be great to see you, as we all know many hands make light work!

Please bring gardening gloves, hat, sunscreen and if you have any of the following gardening tools please bring those too: wheelbarrow, rake or spade.

Come along and help beautify our precinct and at the same time meet your neighbours, and other owners and residents of Newington P1S.

Attachment: DP270336 2017 October Working Bee.pdf

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Update to residents – August 2017

Newington Precinct 1 South – DP270336 – Update to residents

Anonymous Flyer

Recently an anonymous flyer was letter-boxed to some residents of our precinct. The author of the propaganda flyer clearly wants to create unnecessary fear, concern and division among our community. To ensure residents have the facts about the governance and management of DP270336 Community Association, the Executive Committee provides the following information:

Finance Report – Finances are Healthy

The finances of the Community Association are healthy. Balance Sheet for DP270336 at 31.7.17 shows total net assets of $632,173 comprised of an Administrative Fund balance of $146,479 and Capital Works Fund balance of $485,693.

The EC is committed to achieving value for money for residents. Invitations to tender for the managing agent have been sought as part of this process.

Gardening – Back on Track

The newly engaged gardeners, Haywards, have been contracted at a similar cost to the previous contractor.

It is important to note that the EC acted after residents expressed dissatisfaction at the state of the gardens – this is the #1 most complained about issue to our managing agent.  An independent gardening sub-committee made up of resident volunteers provided the EC with advice. Other precincts’ experience and advice was also sought.

A tender process was run and voted on by the gardening sub-committee and the EC before Haywards were appointed.  The state of the gardens has improved dramatically and residents have provided positive feedback to the EC on this decision.

Volunteers are being sought for a joint working bee with Haywards to speed up improvements to the gardens.

Legal Costs

Earlier this year the owners of 25 Spitz Ave & 27 Spitz Ave of our precinct applied to the NSW Civil & Administrative Tribunal (NCAT) for orders against the Executive Committee’s approval of building works to their neighbour’s home, 26 Tooth Ave. The Executive Committee is duty bound on behalf of the Community Association to respond to the matter before NCAT. An attempt to mediate the matter was unsuccessful and the matter progressed to a directions hearing where expert legal advice was required and sought. All expert legal costs incurred are in accordance with the obligations and responsibilities of the Executive Committee under the Act and will be reported on at the AGM of the Community Association.

Liaison with Council

The EC has been actively working with the other Newington Precincts through the Newington Working Group and have made representations to Council to:

  • lobby on our behalf for a new metro train station located within walking distance for Newington residents
  • resolve parking issues arising from major events held at Sydney Olympic Park.

In addition the EC successfully lobbied Council to achieve the following:

  • re-introduction of street sweeping post council changeover
  • development of action plan to audit and replace trees (as required) from approved palette

Liaison with SOPA

The executive committee lobbied SOPA to improve the landscaping at the Wing Parade entrance to Newington.  (This area is maintained at SOPA’s cost.) Feedback from residents has been very positive.

The EC encourages residents to attend the AGM (date TBC), have your say and improve upon the record turnout which elected the current EC in October 2016 with an overwhelming majority.

Attachment: DP270336 2017 August Newsletter.pdf

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Antenna Service 1hr Shut down

Dear Residents,

We would like to advise that the antenna service will be shut down for an hour between 2-3pm whilst minor modifications are being carried out in the main electrical switch room.

Thank you
Kind Regards

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New Gardener Appointed

Dear Residents

We would to like to confirm that Hayward Landscaping Services has been appointed as the new gardener for DP270336 by the Executive Committee and will commence as of the 1st of May.

We appreciate that this has been a difficult time for all and appreciate your patience.

Thank you
Kind Regards

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Mosquito Spraying – D270336

Helicopter spraying of the wetlands at Newington Nature Reserve to control pest mosquitoes is planned for Wednesday 1 February, between 1pm and 3pm (weather permitting).

Treatment of the wetlands involves the application of a biological mosquito larvicide known as Bti. It is a nature-based product and impacts the target species of mosquito at a specific stage of larval development. The larvicide is known to be safe to people, pets and the environment, and treatments are monitored by the University of Sydney’s Department of Medical Entomology.

Advisory signage, providing notification of spraying and the product used, will be provided at the treatment area in accordance with SOPA’s Pesticide Use & Notification Plan. Some parts of Newington Armory will be closed to access during helicopter operations for safety reasons.