Thursday 23 April 2020

The Hon Scott Morrison, Prime Minister

The Hon Matt Thistlethwaite, MP
The Hon Dr Marjorie O’Neill, MP
The Randwick City Council
Government of Owners’ Corporation – Coogee View

23 April 2020

Dear Members of Australian Governments

I am Coogee

I turned 70 on 29 March 2020. Mr Thistlethwaite and Dr O’Neill sent me messages of appreciation. My family – except for my husband who lives with me, were not with me due to the Isolation rules by the Federal and State Governments.  I adjusted my mind – as if your rules were my rules. That to me is self-governance, in which I am the government and I am the citizen. To do this and share my governance Energy with you, I had to, from time to time freeze my own thinking. I believe that every time I follow the law of my own free will – I contribute towards strengthening my relationship with others who also follow that law. That makes us One to the extent I do so willingly – of my own free will. To that extent we become ‘family’.

But today I am crying again because the Government of our Owners Corporation wrote to me that ‘The original tiles and waterproofing membranes’ in my home ‘comprise part of the common property.’

All of you have been ‘telling’ us what to do during this lockdown period. I have followed the rules to the letter because I wanted my government to have my Energy. Every time I practice the law because my government said so, I become a stronger relation of others who also do so. But every time I act as per my conscience I become permanent/common  family with all others who also act as per their conscience and / or benefit from my thoughts and actions in that regard. This makes us Global family – because Truth is Universal.

Today, I have conflict between the two. In a democracy, one part causes the effects on the other. Over the past – (almost 25 years ) – the Coogee View Owners’ Corporation has been my family. To me, my ownership was in Spirit inherited from Prima – who originally developed  Coogee View  and in whose Sri Lankan branch I worked and sought the blessings of Prima Chairman who was present at the auction when the units were first sold. I believe that my good conduct and genuine contribution to Prima matured as ownership heritage when I physically departed from Prima to work for the Sri Lankan National carrier – Air Lanka.

Despite all this – I have so far not been elected to be part of the Management committee of Coogee View. But I have been self-governing all along and this I believe, empowers the Management Committee at Energy level. There has been serious damage to this connection which I believe  is negative to any form of government that Coogee is part of. This is because I am Coogee.

To me – the reason is excessive authority by Governments in Coogee area. Governments share Energy with each other – as those who are governed also share. Each group shares naturally as per the Truth of its members.

During this Coronavirus crisis – I have kept my mind high – so that my intrinsic immunity would be high. Self-isolation  including in our home for those over 70 was recommended by the government. I rejected this in my own home – by writing to the government and others who read my work. This is because in my home I am part of the government. Right now, the physical representation is through my husband and I  and we take turns as per our level of wisdom in a subject matter.  In terms of ‘Home Affairs’ I am the government. In spirit we carry the values of all our family in this home – where there are those who lead naturally and those who are led naturally.

I was therefore very hurt when I was ‘told’ yesterday that part of my bathroom was ‘Common Property’ – meaning – the property of the Government of the Owners’ Corporation. My attitude could be discerned through the communications in the Appendix.

In essence, the Strata Laws facilitate the development of Sovereignty of our Owners’ Corporation. This is a primary version of our formal - National and Global Governments. In that Owners’ Corporation the responsibility for the making of Laws rests with those who are elected to be Government. It is the duty of the rest of us to follow the laws as interpreted by the Government. It is this government’s responsibility to maintain the ‘common parts of the property’. The funds towards this need to come from the Taxes / Levies collected. If new funds are needed they need to be put through the common pathway – as happened almost a year ago in relation to lifts. (Appendix)
For my part, I have made the very painful decision of not going ahead with the Bathroom Renovations for which I have to go through an unethical and unlawful process. The parallel of the requirement for the individual Lot owners to pay for the by-law making is the facility for us to make our own laws as per our individual assessment of our health conditions – during the Coronavirus pandemic.
It is sad that I have to go through this pain which weakens my mind and the minds of those who believe in me – starting with my family. It’s not new to me. I went through similar pain at the University of NSW and ended up writing  Naan Australian (I am Australian) which found its own way to the National Library of Australia without any intervention on my part. That is the way of Sovereignty. As part of that experience – the Police arrested me unlawfully – as if  I was illiterate in law. I noted this kind of abuse – during the lockdown also – when those who were just sitting down on the bench in our park were ordered to leave.
I forego the repairing of the bathrooms which have the potential to eventually become unhygienic in about 10 years’ time, as I would lose body and mind power to maintain at current standards.
When we are blocked from exercising our Sovereignty – we can carry the Cross and endure the pain exerted by our other side. Is that not what Jesus taught us?
Yours sincerely
Gajalakshmi Paramasivam

1.1       15 April 2019:
Dear Stratachoice Manager,
I refer to your notice dated 19 March regarding the additional levy of $3,987.50 described as follows:
Mar19 Additional CWF BLD Lifts 3,987.50

I seek to know why we are being asked to pay this and why you have not used the Reserve funds in this regard. A resolution is not lawfully valid just because it is approved at a meeting. It must comply with the fundamental laws covering our Common Funds. Please provide details with specific reference to the relevant laws in this regard.

1.2       17 April 2019:

The Owners’ Corporation Government’s  response included the following:

At the last Annual General Meeting the Owners Corporation voted on the replacement of the lifts and considering the replacement cost would be around the $600,000 plus GST mark for both, it was agreed by the Owners Corporation at that General Meeting that an additional levy of $400,000 plus GST would be required to fund the project and to also maintain a reasonable capital works fund balance for future maintenance of the building. The Owners Corporation will be using a portion of the reserve funds available at the moment which is approximately $350,000 and would like to retain reserve funds for any future maintenance issues which may arise.
1.3       17 April 2019:  
I was concerned that those of us who pay the levies out of our current incomes may be paying excesses for future owners to enjoy. This to me would have been unjust. If the owners’ funds in reserve are only $350k then it is understandable that you would need additional current funds. But this also highlights poor funds management on the part of the management committee over the years. With good management of Common Funds would have been  $1,000,000 over the years. If majority could not afford it over the years – then we need to live with simpler more economic systems that would not bankrupt a single owner. It’s the true value of our life that we add through common life as Coogee View community.
Hopefully we would live at least 20 more years to enjoy the value of our contribution towards which we have to cut down on other current enjoyments. The karma of any pain by a true owner would go to those who failed to manage our funds with integrity

2.1       21 April 2020:  
Gajalakshmi Paramasivam: We seek to retile and make some cosmetic changes to our bathroom. Would appreciate being advised of any formalities such as  approval from the Council or Strata Management.
Strata Government : For a bathroom renovation you will require a special by-law to be created by a Strata Lawyer, which cost approx. $550, then you have registration cost of the by-law which is approx $600.
I will require a detailed scope of works, so we can send off to the lawyers in order to create the by-law.
2.2       Gajalakshmi Paramasivam: Do you mean to say that no one has so far renovated their bathrooms in this block?
Strata Government : Yes there is a couple with additions.
Each lot for such renovations when altering the common property require their own specific by-law, irrespective of how many units have renovated.

2.3       Gajalakshmi Paramasivam: Would appreciate knowing specific by-law in this regard. It does not make sense because it is NOT common part of the property. It is specific to our unit
Strata Government : The bathroom tiles, water proofing membrane which are glued to the slab and dividing wall are common property.
3.1       21 April 2020:  
Gajalakshmi Paramasivam: You have stated ‘The bathroom tiles, water proofing membrane which are glued to the slab and dividing wall are common property.’
I draw your attention to Section 110(3) of Strata Schemes Management Act 2015 No 50.

[(3)  Minor renovations include but are not limited to work for the purposes of the following—
(a)  renovating a kitchen,
(b)  changing recessed light fittings,
(c)  installing or replacing wood or other hard floors,
(d)  installing or replacing wiring or cabling or power or access points,
(e)  work involving reconfiguring walls,
(f)  any other work prescribed by the regulations for the purposes of this subsection]

The work proposed by us as per our assessment is well within the above provisions.

Subsection 4 states as follows:

(4)  Before obtaining the approval of the owners corporation, an owner of a lot must give written notice of proposed minor renovations to the owners corporation, including the following—
(a)  details of the work, including copies of any plans,
(b)  duration and times of the work,
(c)  details of the persons carrying out the work, including qualifications to carry out the work,
(d)  arrangements to manage any resulting rubbish or debris.

Accordingly please take this as Notice of our proposed renovations. I respond further as follows:

(a)  Attached
(b)  4 to 6 weeks from your approval date
(c)   Origin Bathrooms George Sowmi – MD – License no. 325114C  or Gerain Group Georgio Racheh – MD License no. 346800C
Rubbish clearing is the responsibility of the person in charge (c ) and will be supervised by us – the lot owners
We accept our responsibility as per Subsection 5 of the above Section:
(5)  An owner of a lot must ensure that—
(a)  any damage caused to any part of the common property by the carrying out of minor renovations by or on behalf of the owner is repaired, and
(b)  the minor renovations and any repairs are carried out in a competent and proper manner.
If indeed the Management of  Owners’ Corporation considers the work to be in relation to ‘Common Property’ – then the following provisions apply:
79 (2) An owners corporation must, at each annual general meeting, estimate how much money it will need to credit to its capital works fund for actual and expected expenditure—
(d)  to renew or replace fixtures and fittings that are part of the common property, and
(e)  to replace or repair the common property,
Section106 provides as follows:
106   Duty of owners corporation to maintain and repair property
(1)  An owners corporation for a strata scheme must properly maintain and keep in a state of good and serviceable repair the common property and any personal property vested in the owners corporation.
(2)  An owners corporation must renew or replace any fixtures or fittings comprised in the common property and any personal property vested in the owners corporation.
Subsection 5 of Section 106 states:
An owner of a lot in a strata scheme may recover from the owners corporation, as damages for breach of statutory duty, any reasonably foreseeable loss suffered by the owner as a result of a contravention of this section by the owners corporation.
Since we have been contributing to the Common Fund we are entitled to recover any damage to the common property that the Owners Corporation  has failed to maintain over the years.
I would therefore appreciate due approval on the basis of the law as stated above. If there are other provisions that I am unaware of – I seek your response on that basis – so we would be better informed
3.2       Strata Government : The original tiles and waterproofing membranes comprise part of the common property.

Alterations, and additions to the common property can only be made pursuant to a special resolution of the Owners Corporation at a general meeting, in accordance with section 108(1) of the Strata Schemes Management Act 2015. In the circumstances the Owners Corporation would also require the lot owner to agree to the making of a by-law making the owner responsible for the ongoing repair and maintenance obligations of the common property affected by their works, going forward.

There is no obligation for the Owners Corporation to finance the works or the by-law. If the owner were to proceed with the works absent special resolution and a by-law, then the works would be unauthorised and the Owners Corporation may file an application in the NSW Civil and Administrative Tribunal to  have the unauthorised works removed and the common property reinstated.

Please refer to the attached fact sheet for more information regarding the approvals required when owners undertake renovations to their unit.

I trust the above is of assistance.

4.1       21 April 2020:  
            Gajalakshmi Paramasivam:
I have copied our son Pradeep Paramasivam in this email – as he is an heir and also is the architect of the plan.
It looks to me that you are considering this to be major work due to the waterproofing – as per exclusion under section 145 7 (d). I accept that.
You seem to take authority from Section 108 as follows:
(5)  A special resolution under this section that allows an owner of a lot to take action in relation to certain common property and provides that the ongoing maintenance of that common property after the action is taken is the responsibility of the owner has no effect unless—
(a)  the owners corporation obtains the written consent of the owner to the making of a by-law to provide for the maintenance of the common property by the owner, and
(b)  the owners corporation makes the by-law.

The way I read it – it is our duty as the Lot owners to provide consent – the responsibility to maintain that part of the property becomes ours forever, except where there is a change in law.
But making of that by law is clearly the responsibility of the Owners Corporation and it is not ours. The payment for making of the law must come out of Common Funds. Please excuse me if I seem wrong to you, but to my mind, to ask us to provide the wording and/or to fund making of the law is in breach of the fundamentals of law making. It is like the citizen wording the law that the government is responsible to make and maintain. Belief is fundamental to making of law and it cannot be resourced by particular beneficiaries.  The Owners Corporation is effectively facilitating devolution of power to the lot owner.  The other alternative is for you to contract out that part of the work (law making) to someone of your choice – as in outsourcing. This is acceptable to me. But the payment must come out of Common Funds. It would be unlawful of us to pay for lawmaking.
The alternative would be for the Owners’ Corporation to make a by law that covers waterproofing in all units on equal footing. The special resolution is needed to ensure conformity with the following
108 (3) Ongoing maintenance A special resolution under this section that authorises action to be taken in relation to the common property by an owner of a lot may specify whether the ongoing maintenance of the common property once the action has been taken is the responsibility of the owners corporation or the owner.
Such resolution is also the responsibility of the Owners’ Corporation. Am forwarding the details in response to your next email. That would confirm waterproofing.
4.2       Strata Government :

Please note the Owners Corporation is under no obligation to specially resolve a motion and by-law providing a “blanket authorisation” for all owners to undertake renovation works in the scheme. Despite what you may have read in the Financial Review, such a by-law would potentially be invalid for failing to clearly identify the parts of common property that would be affected by each owners’ respective works as the works would no doubt vary from lot to lot. Such a by-law would also require the written consent of all the owners in the scheme to be validly made. Accordingly, the Owners Corporation will not be providing such a by-law.

Please advise what works you intend to proceed with, as these may also affect common property and require inclusion in your by-law, before commencing.

In response to your query, we would engage Bannermans Lawyers to draft the by-law, if you like I can provide them with the details of your works and request a fee proposal. Please note the fee for drafting the by-law, the consolidation and registration of the by-law will be paid for by you and not reimbursed by the Owners Corporation.

Once engaged, Bannermans can usually prepare the by-law within four business dates.

Next Steps

Please provide details of the works you intend to proceed with (without a by-law) and confirm your instructions for me to request a fee proposal for the drafting of the by-law from Bannermans Lawyers.

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