INQUIRY SCA NSW Code of Conduct Raine Horne Strata Epping - now BCS

Hello Joanna,

I stand firm that Raine & Horne Strata Sydney (now BCS Strata Management), together with
the Executive Committee, cause close to one million dollar mismanagement
in Strata Plan 52948. So far, over the last four years, not a single claim of
mine was proven wrong, but there was lot of evidence hiding,
false statements to CTTT, and so on.

A year ago, SCA refused to investigate them because "there was no approval
by the EC", in spite of provided documents and the fact that the EC themselves
would never want to be investigated (Chairperson of the EC
is BCC-ed herewith). By itself, it resembles the situation where
bikie gang does not like to be investigated by police.

In spite of many horrendous errors and even refusing to provide access
to financial and other documents as per SSMA 1996 S108 on 17Nov2014
(see attachment which was logged with BCS office, and that the fifth time in
three years), Branch Manager of BCS Mr. Billy Cheung claims there are no
wrongdoings on their side.

However, Mr. Cheung is very happy to be investigated (see below copy of his
email two days ago), so will SCA take the case even without the EC support
(EC will never do it because of their involvement)? In other words,
since BCS does not seem to have any problems with being investigated,
will SCA accept my evidence for further consideration? I am confident it will
not take much of your time to reach a decision.

Details:

Raine & Horne Strata Sydney (now BCS) has continued
to act against

a) Property, Stock and Business Agents Act 2002

b) Property, Stock and Business Agents Regulation 2003, Schedule 6

c) 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

d) SCA Code of Conduct

Nevertheless, the Executive Committee colludes with BCS on a large scale for 14 years.
Losses to owners corporation through mismanagement and misappropriation are
close to million dollars. Abuse of financials, false balance sheets, special privileges
to selected owners, ignorance of laws...

Note that BCS even resolved to submit false Statutory Declaration to CTTT a year ago.
CTTT was of no use as nobody could "read" 3,000 pages of evidence.

Here is the email from Mr. Cheung on 26 November 2014:

CUT HERE
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
CUT HERE

I am very interested in getting the SCA's response.

On 06/06/13 15:01, Joanna McAndrew wrote:

The Code of Conduct Panel met this morning and have reconsidered your complaint.

Unfortunately they are not able to change their decision re having the support of
your Executive Committee, as the contract with the Strata Manager is with your
Executive Committee and not with you as an individual.

I'm sorry we are unable to assist you further.

Your folders are here in our office, you are welcome to collect them at your convenience.

Kind regards

Joanna McAndrew
Member Services Manager

PO Box 347
North Sydney NSW 2059
Ph: 02 9492 8200
Fx: 02 8904 0490
www.nsw.stratacommunity.org.au

-----Original Message-----
From: SP52948 owner 
Sent: Saturday, 1 June 2013 7:32 PM
To: Joanna McAndrew
Subject: RE: FW: SCA (NSW) Code of Conduct Raine & Horne Strata Epping on 4 Mar 2013

Hello Ms McAndrew,

I believe enough time has passed since the Code of Conduct Panel meeting at the beginning of May 2013.

Would it be possible to get an outcome of their decision, whatever it might be?

For the record, your member, Raine & Horne Epping acts even worse than ever before, and at
the CTTT Hearing on 10 May 2013 I was finally able to prove (after nine months of fighting
it at the CTTT) that the EC and the Strata Manager never had a properly convened EC meeting
that approved the engagement of the Solicitor. So far, due to those actions, the owners
corporation paid more than $31,000.00 and the owners never received this information,
which is carefully guarded from them.

There are so many things that are done unprofessionally, and even worse: against the law.

Anyway, I am doing what I can to protect my investment and prevent further financial and
business mismanagement in the complex.

Best wishes,

On Sun, 2013-04-21 at 23:10 +0000, Joanna McAndrew wrote:

Thanks for your email.

I will submit your email to the Code of Conduct Panel for review. Their next meeting is
scheduled for 9 May. After which time I will advise re collection of folders.

Kind regards

Joanna McAndrew
Member Services Manager

PO Box 347
North Sydney NSW 2059
Ph: 02 9492 8200
Fx: 02 8904 0490
www.nsw.stratacommunity.org.au

-----Original Message-----
From: SP52948 owner 
Sent: Sunday, 21 April 2013 3:10 PM
To: Ethics NSW
Cc: Joanna McAndrew
Subject: Re: FW: SCA (NSW) Code of Conduct Raine & Horne Strata Epping on 4 Mar 2013

Hello,

I acknowledge the receipt of your letter date 8 April 2013 in which your company declined
to review a serious case of misconduct and unprofessional actions of one of your members
- Raine & Horne Strata Epping.

I am very disappointed that formal reason to reject my request for investigation was based
on a reason which should not be an obstacle.

I cannot obtain the EC's approval because they work with the Strata Manager! They are corrupt
TOGETHER. This strong statement can be proven in any court but I prefer to deal with it
through cheapest ways firstly. It seems in Australia that might not be possible.

I strongly believe that substance should win over formality.

In any case, I thank you for your time.

Since my evidence was not reviewed at all, it would be nice from your office to return my folders.
I spent lot of time and money trying to help you retain good reputation and enforce
your own policies upon your members.

I am happy to come and collect my folders in person.

It is waste of your office space to keep them and pointless to collect the dust when nobody in
your office will ever read them.

If I were in your company, I would conduct an internal investigation of
Raine & Horne Strata Epping.

In the end, your reputation is based on the reputation of your members.

Sincerely,

On Mon, 2013-03-04 at 21:18 +1100, SP52948 owner wrote:

Dear Ms McAndrew,

I attach the filled form, as per your request. I would have done it 
before if I had known about it.

Originally, I was only requested to complete the Ethics form 
(enclosed herewith again).

The situation in the complex has deteriorated even more.

a) In spite of all requests, the owners do not even know the office 
bearers since the AGM 2012 on 17 October 2012. The Strata Manager 
refuses to provide any details.

b) The Strata Manager refuses to provide copies of the Special 
By-Laws registered after the AGM 2012.

c) The Strata Manager and the EC refused to mediate in DFT case 
SM12/1537JR and they did not even notify the owners.
That was officially confirmed by the DFT on 20 February 2013.

d) The Strata Manager and the EC failed to notify the owners that 
the CTTT case SCS 12/5XXXX is now open.

e) The Strata Manager and the EC failed to notify the owners that 
they spent close to $18,000.00 on legal fees without the owners 
decision at the general meeting, and even without providing owners 
with the Standard Contract Agreement.

The CTTT case SCS 12/3XXXX will discuss the legal costs and I have 
just prepared a shocking evidence for the CTTT. Even I did not know 
how bad it was.

f) The Strata Manager refuses to provide access to certain financial 
and other documents that belong to the owners corporation.

For that reason, I requested to issue summons via CTTT last week 
(case SCS 12/5XXXX).

The problem is that we do not have owners corporation. Owners are 
passive, some of them scared, lot of them do not speak English well, 
50% are investors... and the end result is that the unscrupulous EC 
and the Strata Manager run the show without any control.

All the above evidence, on top of what you already have from me, can 
be provided at any time.

I am really looking forward if I am allowed to address your Panel 
because oral presentation is much more efficient and voluminous 
paperwork.

Sincerely,

On Mon, 2013-03-04 at 05:37 +0000, Joanna McAndrew wrote:

Thank you for contacting SCA (NSW), regarding a complaint about an 
SCA (NSW) member. 

In order to progress this matter SCA (NSW) require that you 
undertake the following:

1. Please read the SCA (NSW) Code of Conduct;

2. Please complete the Complaint Management Form, (we have 
received your evidence but require this form completed).

Please note that SCA (NSW) only communicates these matters in 
writing.

Please send your complaint via email to 
ethics.nsw@stratacommunity.org.au

or

The Ethics Committee
PO Box 347
North Sydney NSW 2059
Kind Regards,

Joanna McAndrew
Member Services Manager
PO Box 347
North Sydney NSW 2059
Ph: 02 9492 8200
Fx: 02 8904 0490
www.nsw.stratacommunity.org.au