Hello,

Two months after I asked this question, you are still
failing to satisfy the requirements as defined
for your job in the SSMA 1996 and your Strata Management
Contract 1999.

For the pending CTTT case SCS 12/5XXXX address these
requests now.

You do not need to answer the question about the EC
office bearers because we all now know that they do not
exist officially (as per CTTT hearing on 10 May 2013).

On Sun, 2013-04-14 at 15:34 +1000, SP52948 owner wrote:

This is a repeated request to which the Secretary failed to respond
or even acknowledge it.

Since my persistence has finally allowing owners to get web access
to at least some strata documents, it is now obvious that my
inquiry on 26 March 2013 forced the Strata Manager to rush to
register the Special By-Laws on 28 March 2013 (five months after they
were "approved" through fraudulent actions at the AGM 2012):

Plan: NSW 52948 1-15 FONTENOY ROAD MACQUARIE PARK
Creditor Code: 35408 BY-LAW EXPRESS
Document Ref.: RH13108 Document
Total:  400.00
Invoice Document: 374.83
REGISTRATION OF BY LAW
07/04/2013

This is available to any owner in the complex who gets web account at:

http://communitye.com.au/rainehornestratahub/

The amount of information is still very limited and even misconstrued
in some documents.

Request:

I am repeating the requests for Secretary of the EC for the final time
before the SCS 12/5XXXX is officially announced to owners within next week:

a) Provide scans of the new Special By-Laws as registered on 28 March
2013.  It is compulsory to provide them to every owner upon request free of
charge.


b) When I requested access to financial documents for financial years
prior to 2006, I was officially told that such documents did not exist as
they were "too old and not in the database any longer".

Even during the personal visit to Raine & Horne office in November
2012, when I paid for access to various other documents, that statement was
repeated by the Branch Manager Paul Banoob.

As it happens, your new web access this week actually  gave me access
to FY 2003/2004. So, these files do exist and can be obtained.

Therefore, please provide FULL financial details for years before
2006.

I am especially interested in the details of the water and gas
reimbursements for the townhouse owners that they charged the owners
corporation for years before 2006. I need names of the owners who received
them, the amounts, and dates when they were paid.


c) Item c (the missing details of the EC office bearers for five
months now), is yet unanswered.

On Tue, 2013-03-26 at 09:50 +1100, SP52948 owner wrote: 

Hello,

I am following up on numerous lacks of actions by
you as a Strata Manager of SP52948.

One of them is your refusal to reply to my query
about registered Special By-Laws since AGM 2012.

It is now clear why you did not reply:

I just spoke to David at NSW Land & Property Management
Authority and we confirmed that no special by-laws were
registered since the AGM 2012. In other words, the by-laws
that were voted in through fraudulent actions are CURRENTLY
UNREGISTERED and HENCE NOT APPLICABLE YET (they are also
part of pending CTTT case SCS 12/5XXXX and enforced
by me for the fresh and unbiased voting at the next general
meeting, EGM or AGM, whichever comes first).

Notification of any new or changed by-law must be given to the
Registrar General's Office. Refer to SSMA 1996:

 48 What steps must an owners corporation take to make an amendment 
 effective? 
        (1) An amendment or repeal of a by-law or, a new by-law, has no 
        force or effect until: 
          (a) the owners corporation has lodged a notification, in the
          form approved under the Real Property Act 1900 , in the
          Registrar-General’s office, and 
          (b) the Registrar-General has made an appropriate recording of
          the notification in the folio of the Register comprising the
          common property. 
        (2) A notification cannot be lodged in the Registrar-General’s
        office more than 2 years after the passing of the resolution for
        the amendment, repeal or new by-law. 

That means that the minutes of the EC meetings since AGM 2012
contained false information about applying the by-laws because
they are not effective until registered.

The other request to provide full details of ALL illegal
water and reimbursements for some townhouse owners since
1 September 2012 is still outstanding and your office refuse
to deal with it. The owners do not even know the names of the
office bearers (Chairperson, Treasurer and Secretary for FY 2013).

In any case, we have a scheduled Hearing on 15 April 2013 in CTTT
SCS 12/3XXXX. Owners have no information about it. In whose interest
it is to hide it from owners? I am now very confident that my 
presentation at the Hearing will ensure that owners finally start
getting facts about the continuous (mis)management of the complex.


On Fri, 2013-02-22 at 09:16 +1100, SP52948 owner  wrote:

Hello Peter,

I am back from overseas.

The information that the Executive Committee and the
Strata Manager declined to attend the DFT mediation
in case SM12/1537JR came up at exactly the right time.
That is what I planned for.

In order to update the CTTT case 12/5XXXX, which is now
officially opened, I am preparing additional information.

For the moment, I need three pieces of information:

a) In accordance with:
 
  NSW Strata Schemes Management Act 1996   
  Division 2 – Members and office holders of the executive committee
   22 What are the functions of the secretary of an owners corporation?
 
   (a) to prepare and distribute minutes of meetings of the owners
       corporation and submit a motion for confirmation of the minutes
       of any meeting of the owners corporation at the next such 
       meeting,
   (c) to enable the inspection of documents on behalf of the owners
       corporation in accordance with section 108,
   (d) to answer communications addressed to the owners corporation
   ...

My request is also covered by your ITSM Strata Management
contract with our complex, Agency Agreement number 2671,
Schedule of Services, Item 6 - By-Laws.

Please provide copy of the registered Special By-Laws as approved
at AGM in October 2012.


b) Please provide FULL details of the water and gas reimbursements
for the townhouse owners that they charged the owners corporation
between the 1st of September 2012 (after the end of the last
financial year) and now. I need names of the owners who received
them, the amounts, and dates when they were paid.

These details are readily available in your database so the
extracts will virtually take no time at all.


c) This is a repeated request that was not answered before.
I am patient though.

In fact, the information should have been published in the
minutes of the first EC meeting after the AGM 2012!

Please provide names of the EC office bearers for this financial
year:

Chairperson
Treasurer
Secretary

It is amazing that owners corporation has no information about
the office bearers for more than four months after the
Annual General Meeting 2012.