To management of BCS,
Thank you for organising one of the most corrupt AGMs
for Strata Plan 52948 tonight.
Lack of professional actions by Mr. Young and Cheung
amounted to full non-compliance with your duties and
obligations expected of a strata manager.
They even failed to provide access to the evidence of
the quorum of AGM 2014 and directly proved
that at the beginning of the meeting, due
to unfinancial owners from townhouses, the meeting
was invalid and Chairperson was not entitled to
run it or vote! In his own words, Chairperson of the EC did not
repay for illegal water and gas usage and neither did any townhouse
owner.
And then colluded with EC to "approve" Motion 19 for
retrospective "correction" of your direct involvement in
non-compliance of Special By-Law 13. That was to provide
direct benefits to Chairperson and selective townhouse owners.
Therefore, I did not provide "allegations" as Mr. Cheung
likes to call it, I actually proved the "real value" of the EC and
BCS co-operation.
Where is the obligation of BCS to act in accordance with:
Property, Stock and Business Agents Act 2002
Property, Stock and Business Agents Regulation 2003, Schedule 6
Department of Fair Trading Rules of Conduct for Strata Schemes:
1. Knowledge of Act and Regulations
2. Fiduciary obligations
3. Honesty, fairness and professionalism
4. Skill, care and diligence
5. High pressure tactics, harassment or unconscionable conduct
6. To act in client’s best interests
8. To act in accordance with client authority
10. Licensee must ensure employees comply with the Act and regulations
11. Conflicts of interest
12. Referral to service provider
14. Inducements
15. Soliciting through false or misleading advertisements or communications
18. Representations about the Act or regulations
By avoiding to sign on these items, BCS proved direct corruption:
- no conflict of interest existed in the past or currently, or is likely to arise in
relation to offering improper of privileged services to any SP52948 owner,
employee, contractor, agent, or member of the Executive Committee;
- the Tenderer, any related entity, or their respective officers, employees, agents
and subcontractors, are not currently, and have not in the previous 10 years,
been subject to or involved in any investigations, sanctions, court proceedings,
audits and the like in relation to anti-competitive conduct, bribery, or corruption.
Mr. Cheung claimed he was open to fairness and proper procedures and yet, he
bluntly provided false comments to me and the whole owners corporation about
access to strata documents as per S108 on 17Nov2014. Giving access to the
computer does not mean BCS gave access to documents as requested.
Mr. Russell was obviously advised not to seek signature on the day as
he visited Mr. Cheung's desk and came back "empty handed". I saw him doing it.
But that is not new tactics. Raine & Horne Strata Sydney
has been doing it for long. Few examples from last year are herewith.
On 25/11/14 18:25, SP52948 owner wrote:
Hello Billy,
Thank you for the response.
In regards to your suggestions that that the points I raised
lacked supporting evidence:
- In the email sent yesterday I provided evidence that Mr.
Chairperson of the EC colluded with Mr. Greg Freeman to bypass
the legal process for tendering and selecting a Strata
Manager in 2011.
- In the minutes of the 2004 AGM, a motion was approved
to renegotiate the Strata Management agreement. This has not
been done.
- In previous emails I have provided evidence that nine-to-ten of
the accounting figures on the balance sheet for FY2014 are
erroneous.
- Since the last AGM, and in previous emails, I have provided evidence
that the accounting figures on the balance sheet for FY2013 were
erroneous. No corrections have been made.
You did not take any action in regards to your office failing to
satisfy the SSMA 1996 Section 108. It is a legal requirement to
fulfil these obligations.
Tomorrow, I expect all documents I paid for to be handed to me in
person at the AGM (see attachment).
On 25/11/14 09:44, Billy Cheung wrote:
We have been made aware of the various allegations you have made against our
office in regards to the management of your scheme and also the so called deal
or corrupt conduct in regards to the tendering process of the caretaking agreement
and the strata management agreement.
BCS Epping have been working closely with the Executive Committee in regards
to the renewal of our agency agreement and we have also offered to the owners
corporation the service of our sister company, Estate Managers in the tendering
of the caretaking agreement of your building. In the instance where BCS and
Estate Managers had a vested interest in the tender on the above services,
it was essential that this process was managed solely by the Executive Committee
to avoid any conflict of interest. The EC has assured that this process is
carried at arm length from the managing agent and its associate company.
If you intend to pursue those allegations, you are entitled to lodge your complaints
and submit concrete evidence to regulatory bodies for further investigations.
We recommend that you cease the above defamatory remarks in public until all
the facts have been tested and proven.
In regards to the various motions you have submitted, we have sought legal advice
on the validity of the so called motions and explanatory notes which you submitted.
Based on that advice, the agenda was drafted to allow an orderly and productive meeting.
As the Licensee in Charge of our office, I will be in attendance at your AGM to assist
the Owners Corporation on any queries they may have.
I look forward to meeting the Owners Corporation tomorrow for a fruitful and engaging meeting.
Regards
Billy Cheung
Branch Manager
Body Corporate Services
Level 2, 51 Rawson Street, Epping, NSW, 2121
Locked Bag 22, Haymarket NSW 1238
T: (02) 9868 2999
F: (02) 8216 0331
Billy.Cheung@bcssm.com.au
www.bcssm.com.au
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