Category: History of People on Committee at Somerset Gardens

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History of People on Committee at Somerset Gardens

History of decisions at Somerset Gardens at where member(s) of the committee has breached a stated provision of the code of conduct

  1. The minutes of the Annual General Meeting of Somerset Gardens CTS 25221, held on the 18nd  March 2016 show the following people were elected as voting members, 
    1. Jenifer James (Chair Person)
    1. Janet Rawleigh (Secretary)
    1. Madge Brown (treasurer) 
    1. John Spooner
    1. Jennifer Stratford 
    1. Margaret Laybourne
    1. Dean Scharke

Dean Scharke and Lynne Smith were tied 7 votes each and won on a second ballet 7 to 5 votes.

  •  
  • The minutes of the Annual General Meeting of Somerset Gardens CTS 25221, held on the 2nd  March 2017 show the following people were elected as voting members, 
    • John Spooner (Chair Person)
    • Janet Rawleigh (Secretary)
    • Madge Brown (treasurer) 
    • Ora Whaanga 
    • Jennifer Stratford 
    • Melinda Ross
    • Lynne Smith
  • The minutes of the Annual General Meeting of Somerset Gardens CTS 25221, held on the 25th October 2017 show the following people were elected as voting members, 
    • Jennifer Stratford (Chair Person)
    • Ora Whaanga (Secretary)
    • Lynne Smith (treasurer) 
    • David Jones
    • Ian into
    • Melinda Ross
    • John Spooner
  •  
  • At the Annual General Meeting of Somerset Gardens CTS 25221, held on the 24th October 2018, item 13 was passed 31 votes to 13 and item 13 resolved that:

“The Body Corporate to take the steps including:

“the committee must put into effect the lawful decisions of the body corporate.”

  1. Retain a surveyor to properly identify on the new exclusive use plans the area being occurred by owners
  2. Engage a lawyer to draft a motion (resolution without dissent) to be considered at the next AGM to alter the exclusive use allocation in accordance with the plans prepare by the surveyor.”
  • The minutes of the Annual General Meeting of Somerset Gardens CTS 25221, held on the 24th October 2018 show the following people were elected as voting members, 
    • Ora Whaanga (Chair Person)
    • Sara Butcher (Secretary)
    • Lynne Smith (treasurer) 
    • Tanya Lund
    • Lisa Ross
    • Barbara Spooner
    • Jennifer Stratford
  • The minutes of the committee meeting on 15th November  2018 the following voting committee members were present at the meeting:
    • Ora Whaanga (Chair Person)
    • Sara Butcher (Secretary)
    •  Lynne Smith (treasurer) 
    • Lisa Ross
    • Barbara Spooner
    • Jennifer Stratford

Tanya Lund attended by proxy to Lisa Ross

1.12.11

The motion resolved was that the committee resolves day to day item such as minor renovations, minor variations to common property, pet application and breach letter dealt with on a daily basis via email agreement and not wait for a forma VOCM. Only legal requirements will be presented via VOCM or wait until the next committee meeting for agreement and will be organised via the strata manager

Fencing and Exclusive use By-Laws

“during the audit it was found that the occupation of common property by a majority of owners is not consistent with the exclusive use in the CMS.

the committee understands …many owners are using common property as exclusive use areas and have erected (under past committee’s approval) items such as decks”

“A motion was passed at the General Meeting”

The resolution passed that the organises for two quotations from suitably qualified surveyors present to the committee[1]

The resolution passed that the start manager send a letter with draft by-laws to all owner who voted “no” at the AGM that they can have inut to the changes of these by-laws”

The following members resigned from the committee after  15th November  2018 

  1. Ora Whaanga (Chair Person) lot 21
  2. Sara Butcher (Secretary) lot 42
  3. Lynne Smith (treasurer) lot 44
  4. Lisa Ross lot 37
  5. Barbara Spooner lot 51
  • There was an extraordinary general meeting
  1. The minutes of the committee meeting on 11th March 2019, show the following voting committee members were present at the meeting:
    1. Shane Brett (Chair Person)
    1. Madge Brown (treasurer) 
    1. Sarah Brown
    1. Jenny James
    1. Tanya Lund
    1. Jennifer Stratford

Fencing and Exclusive use areas

“having obtained quotes[2], the committee delay Motion 1.26  ‘fencing and exclusive use areas …until allocation of funds is  consider in the 2019-2020 budget meeting”[3]

  1. The minutes of the committee meeting on 16th May 2019, show the following voting committee members were present at the meeting:
    1. Sarah Brown (Chair Person)
    1. Shane Brett (secretary)
    1. Madge Brown (treasurer) 
    1. Jenny James
    1. Tanya Lund
    1. Jennifer Stratford
  1. The minutes of the committee meeting on 15th August 2019, show the following voting committee members were present at the meeting:
    1. Sarah Brown (Chair Person) proxy to Jacqui Kerr
    1. Leigh Moana (secretary)
    1. Madge Brown (treasurer)  proxy to Jenni James
    1. Jenny James
    1. Jacqui Kerr
    1. Jennifer Stratford

Minor breaches of by-laws have been sent to the secretary on a regular basis as agreed,. Those residents have been contacted via email and/or phone to ratify the breach

No resolution passed

Engagement of surveyor

Previous discussion regarding exclusive use areas and encroachment on to common property and engagement of a surveyor and it is believed that this should be included in the by-law amendments

Resolved that a surveyor not be engaged and no provision for a surveyor include in this years budget[4]

  1. The minutes of the Annual General Meeting of Somerset Gardens CTS 25221, held on the 10th October 2019 show the following people were elected as voting members, 
    1. Jacqui Kerr(Chair Person) 
    1. Leigh Moana (secretary)
    1. Lynne Smith  (treasurer)  
    1. Shane Brett
    1. Garry Fox
  1. The minutes of the committee meeting on 20th January  2020, show the following voting committee members were present at the meeting:
    1. Jacqui Kerr(Chair Person) 
    1. Leigh Moana (secretary) 
    1. Lynne Smith  (treasurer)  
    1. Shane Brett
    1. Garry Fox

Resolved that the building manager seek quotations for garden works based on the vegetation management plan

Strata manager to send a continuing contravention notice to the lot owner 21 and if not resolved to make application to the commissioner office for conciliation

  1. The minutes of the committee meeting on 6th May   2020, show the following voting committee members were present at the meeting:
    1. Jacqui Kerr (Chair Person)  proxy to Leigh Moana
    1. Leigh Moana (secretary)
    1. Lynne Smith  (treasurer)  
    1. Garry Fox

Jacqui Kerr resigned and was replaced by Leigh Moana

Leigh Moana resigned as secretary and Sara Brown appointed (this is in error)

  • Shane Brett resigned and was replaced by Ora Whaanga

Currently not the funds to implement the complete plan.

Resolved that the trees behind units 69 and 70 be trimmed and the height reduced

Alteration to exterior unit 21 

Strata manager to send a continuing contravention notice to the lot owner 21 and if not resolved to make application to the commissioner office for conciliation.

  1. The minutes of the committee meeting on August  2020
  1. The minutes of the Annual General Meeting of Somerset Gardens CTS 25221, held on the 14th October 2020 show the following people were elected as voting members, 
  1. John Wurth (Chair Person)
    1. Ora Whaanga (Secretary)
    1. Lynne Smith (treasurer) 
    1. Margaret Day
    1. Garry Fox
    1. Joshua Punch
    1. Barbara Spooner
  1. The minutes of the committee meeting on 3 December 2020
  1. John Wurth (Chair Person)
  2. Ora Whaanga (Secretary)
  3. Lynne Smith (treasurer) 
  4. Margaret Day
  5. Garry Fox
  6. Joshua Punch
  7. Barbara Spooner

Motion re Les Blackstock – a non voting member is a member

Action Pango not attend unless directed

Reduce spend limit of caretaker

Quote approval not in accordance with section 60

Motion 13 AGM one pers voted against owner acting – lot 42

Formal complaint re caretaker

  1. The minutes of the committee meeting on 10th  Feb  2021 (not attended by Violet – not asked)
  1. John Wurth (Chair Person)
  2. Ora Whaanga (Secretary)
  3. Lynne Smith (treasurer) 
  4. Margaret Day
  5. Garry Fox
  6. Joshua Punch
  7. Barbara Spooner

Resolved to issue a remedial notice if not action by 12th Feb 2021

Application to extend council approval John Wirth to follow with council

Relace trees but in front of lots 21 and 27 and remedial action notice

  • The minutes of the committee meeting on 12th May 2021 (Michelle went)
  1. John Wurth (Chair Person)
  2. Ora Whaanga (Secretary)
  3. Lynne Smith (treasurer) 
  4. Margaret Day
  5. Garry Fox
  6. Joshua Punch
  7. Barbara Spooner

Let the plan expire and “prepare a maintenance  plan using some parts of the VMO not completed and discarding other which are no longer relevant

Special consultant to assess agreement 50% cost by caretaker

  • The minutes of the committee meeting on 25th August  2021
  1. John Wurth (Chair Person)
  2. Ora Whaanga (Secretary)
  3. Lynne Smith (treasurer) 
  4. Margaret Day
  5. Garry Fox
  6. Joshua Punch
  7. Barbara Spooner

Remove vegetation management plan with garden maintenance

Change green waste fee from $66 to 72 cents per kiloometer (not a requirement of caretaker agreement)

Lot 20 final notice

Resolved to include the above motion on the annual general meeting agenda

Election of ordinary required as  Sandra Ferguson  nominated

  • The minutes of the Annual General Meeting of Somerset Gardens CTS 25221, held on the 13th October 2021 show the following people were elected as voting members, 
    • John Wurth (Chair Person)
    • Ora Whaanga (Secretary)
    • Lynne Smith (treasurer) 
  • Margaret Day
  • Garry Fox
  • Joshua Punch
  • Sandra Ferguson
  • The minutes of the committee meeting on 8th December 2021 ,
  • John Wurth (Chair Person)
    • Ora Whaanga (Secretary)
    • Lynne Smith (treasurer) 
  • Margaret Day
  • Garry Fox
  • Joshua Punch
  • Sandra Ferguson

Chair wanted to record and treasured objected (not lot of problems with minutes in next meeting motion to record)

Gardening plan “some bed with the owners preferred to maintain themselves”

V and R repainted – past discussion that R nd V not reflect on DA applciaiton.

The body corporate manager advised the meeting that in order for an email vote to be confirmed by the chairman, if was import that coting should ensure all other committee member are copied in on their vote, The chairman must declare at a schedule committee meeting whether an email vote is confirmed on not and cannot do so unless be has written evidence that a majority voted with for of against he motion.

Change green waste fee from $40  

  • request to replace screen
  • The minutes of the committee meeting on 24th January  2022
  • John Wurth (Chair Person)
    • Ora Whaanga (Secretary)
    • Lynne Smith (treasurer) 
  • Margaret Day
  • Garry Fox
  • Joshua Punch
  • Sandra Ferguson

Dispute on minutes

Ora taking over unapproved

Motion to introduce by-law at next general meeting

Committee correspondence will need to be approved by all committee members (stupid motion as include non voting)

  • The minutes of the committee meeting on 11th May  2022
  1. John Wurth (Chair Person)
    1. Ora Whaanga (Secretary)
    1. Lynne Smith (treasurer) 
    1. Margaret Day
    1. Garry Fox
    1. Danilee Jones
    1. Sandra Ferguson

Motion 3.11 conflict of interest as Ora has an unapproved structure

3.11 Alterations and improvements

Ora Whaanga has obtained information from Gold Coast City Council on this matter and advised it could prove an expensive exercise obtaining information from Council and/or other sources as to which structures meet/require Council approval. It was stated that if these structures meet Australia Standards in retrospect, they could be approved so it is legal. Ora will work with Michelle to create a list of unapproved alterations so the Committee can decide what further action to take.
ACTION: Ora Whaanga 

Approvals

Miscellaneous approvals

  • The minutes of the committee meeting on 24th August 2022, 
  1. John Wurth (Chair Person)
    1. Ora Whaanga (Secretary)
    1. Lynne Smith (treasurer) 
    1. Margaret Da
    1. Garry Fox
    1. Danilee Jones
    1. Sandra Ferguson

Ora taking over unapproved

“there are unapproved structure installed on the shceme ladn and the committee wil discuss the matter further

Minuntes showed  the committee resolved that “the committee call and convene the AGM for 10:30am, 12th October  2022 at Kings College”

The notice for the Body Corporate of Somerset Gardens CTS 2522 was that the meeting would occur on the 16th October 2022 at the office of Archers (BCM) Gold Coast in Southport.

No notice of motion or minuted of the motions complying with section 76 calling the general meeting, were given to lot owners and no confirmation of the motion was in the 28th November 2022 committee meeting.

At the Body Corporate Committee meeting held on the 24th August 2022 Ora Whaanga (Secretary),

  • Did not present correspondence to the committee meeting from Ora Whaanga, Lynne Smith (treasurer) and Danelle Jones requesting motions be submitted to  the next body corporate meeting 
    • Did not comply with section 93(1) of the regulations in the preparation of  the agenda for the body corporate meeting with motions submitted Ora Whaanga, Lynne Smith (treasurer) and Danelle Jones
  • Between the  24th August 2022 and the 26th October 2022, Ora Whaanga (Secretary)
  • failed to not comply with conflict of interest requirements, as required under section 58 of the regulations, with regard her actions motion she had presented to the body corporate that were not presented to the meeting of the 24th August 2022.
    • made a decision to call the general meeting that was not made under authority of a resolution of the committee, section 72 of the regulations, on a date that was  different to that was decided by resolution in the 24th August 2022 committee meeting.
    • made a decision that was not the decision of the committee and was unreasonable in terms of section 110(5) of the BCCM Act to allow the publication of  potentially defamatory material related to motions 11 to 20 with the Agenda, of the Annual General Meeting of Somerset Gardens CTS 25221
  • The minutes of the Annual General Meeting of Somerset Gardens CTS 25221, held on the 26th October 2022 show the following people were elected as voting members, 
  1. Sandra Pergason (Chair Person) lot 39
  2. Ora Whaanga (Secretary) lot 21
  3. Lynne Smith (treasurer)  lot 44
  4. Daniel Jones lot 32
  5. Margaret Day lot 37
  6. Brian Arnold lot 55
  7. Angeal Bertand lot 13
  • The minutes of the committee meeting of the  28th November 2022, 

The following people attended

  1. Sandra Fergason (Chair Person) lot 39
  2. Ora Whaanga (Secretary) lot 21
  3. Lynne Smith (treasurer)  lot 44
  4. Daniel Jones lot 32
  5. Margaret Day lot 37
  6. Brian Arnold lot 55
  7. Angeal Bertand lot 13

Alterations and improvement

The secretary explained that mail correspondence has been sent to the caretaker and a responds is awaiting in relation to the matter.

Showed the committee  received a dispute notice from Mr John Wurth on the 10th November 2022.

Mr Wurth has indicated that this was concerning motions 11-20 in the Body Corporate of Somerset Gardens CTS 2522 and was incorrectly identified in the minutes (a copy is attached)

The minutes of the committee meeting of the  28th November 2022 stated that “the committee had considered the correspondence and written to John Wurth acknowledging the receipt of the correspondence and confirming that no further action will be taken”, 

The minutes of the committee meeting of the  28th November 2022 show no motion reflecting the above resolution of the committee decided by a vote at the 28th November 2022 

The minutes of the committee meeting of the  28th November 2022 so no motions passed by way of a vote outside of committee meeting that were confirmed at the 28th November 2022 committee meeting.

  • The minutes of the committee meeting of the  20th February  2023 

[1] This motion is not consistent with motion 13 at the AGM, the motions neglects the legal appointment

[2] The mentioned quotes were not discussed, or tabled I the minutes, compared to engineering report provided by Solutions Engineering that, the minutes report “owners are welcome to see the report on the Community Hub portal”

[3] This motion is not consistent with motion 13 at the AGM, the motions neglects the legal appointment

[4] This motion is not consistent with motion 13 at the AGM,