From: Simon Milne <simon@mcmillanco.nz>
Date: Fri, 5 Feb 2021, 8:48 am
Subject: RE: UCOL matters
To: High Street Cohousing <ucoldunedin@gmail.com>
Hi Anne,
Yes I can confirm that all of that information was emailed out to all of the various purchasers solicitors yesterday.
Regards
Simon
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From: High Street Cohousing <ucoldunedin@gmail.com>
Sent: Thursday, 4 February 2021 9:00 PM
To: Simon Milne <simon@mcmillanco.nz>
Subject: Re: UCOL matters
Hi Simon,
I do hope you have been able to send our documents, sent to you a week ago, to purchasers' lawyers by now.
At least one of our members has been waiting all week for her solicitor to receive and review the documents so that she can apply to Kiwisaver to use the money she has saved toward her unit. She needs to apply to Kiwisaver by 4 weeks before settlement which we hope is 5 March - 4 weeks tomorrow.
Also her mortgage broker is unable to start approaching possible lenders until these documents have been received.
Please attend to this urgently and let us know when it has been done.
Thank you,
Anne Thomson
On Tue, 2 Feb 2021, 11:51 am Simon Milne, <simon@mcmillanco.nz> wrote:
Hi Anne,
Thank you for your emails below.
I will work on the wording for both the dispute resolution provisions and that future purchasers need to be a party to the co -housing agreement and will come back to you as soon as possible.
We are also urgently working on getting notification out to all of the purchasers solicitors which will be completed either later today or tomorrow and I will confirm as soon as this has been completed.
Thanks
Regards
Simon
Simon Milne
PARTNER AND NOTARY PUBLIC
McMillan&Co.
LAWYERS ˑ MEDIATORS ˑ NOTARY PUBLIC
Level 5, Forsyth Barr House, 165 Stuart Street, The Octagon
,
Dunedin
9016;
PO Box 5547, Dunedin 9054
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+64 3 474 5588
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From: High Street Cohousing <ucoldunedin@gmail.com>
Sent: Tuesday, 2 February 2021 11:38 AM
To: Simon Milne <simon@mcmillanco.nz>
Subject: Re: UCOL matters
Hi Simon
When we were working on the Toiora Cohousing Members Agreement, we identified the following (second paragraph) as an area where you were going to suggest some appropriate wording. In particular, referring people to their right to go to the Tenancy Tribunal. Have you had a chance to look at this?
Dispute Resolution and Mediation
NOTE – This section awaiting advice from our lawyer
Disputes vary in scale and may affect a few or many members of the Group. For this reason, different strategies for dispute resolution will be employed as appropriate. For example, disputes may remain between two residents, or, if they affect the entire Group, they may appropriately be resolved via the Group Decision-Making Process.
If there is a dispute between owners and/or residents, the parties should first meet face to face to discuss the issue. The parties may seek assistance from a member of the Conciliators Team. If the dispute is still not resolved, the parties are obliged to appoint and consult a professional mediator and go through the recommended mediation process before seeking legal action. Any cost of mediation is to be shared pro-rata between the parties.
Many thanks,
Anne Thomson
On Mon, Feb 1, 2021 at 1:59 PM High Street Cohousing <ucoldunedin@gmail.com> wrote:
Hi Simon
I trust the Body Corporate rules and unit title plan along with notification of there being no covenant on the title has now been sent to all purchasers' solicitors.
You were going to give us some wording that could be included in Further Terms of Sale in future Sale&Purchase agreements so that future purchasers would commit to being part of a cohousing neighbourhood. We see that being included in our Toiora High Street Cohousing Membership Agreement, which we are working on now.
Thank you for your time and your advice last week - it was very helpful.
Ann