Re: UPDATED OFFICIAL SUBMISSION PER SSMA 1996 Section 108 SP52948 Document Viewing Request on 21Nov2015

My side has been completed. Time is now ticking for you to comply with the law.

As each party to the mediation is fully responsible for their own costs,
I will not provide any documents or files to you.

You already have plenty of files in my voluminous correspondence and know
exactly what I am working on.

I have notified DFT that almost surely you will not attend,
which is part of my plan.

Last year, before you refused to provide access to files as per SSMA 1996 S108,
I asked you to sign Tender's declaration.

We will come back to it once the financials and other documents are provided.


On 21/11/15 17:54, SP52948 owner wrote:

Hello,

During next week, BCS will receive a registered letter with my payment
for document viewing as per SSMA 1996 S108. Instead of waiting for
your response, I am forcing it through advanced payment. Legal
advice, including case at District Court will be quoted when deemed
necessary.

New DFT case SM15/1226RH was opened. Mediation is tentatively
scheduled for 17 December 2015. If you do not attend AND not provide
access to strata documents as requested, very different actions are
prepared in anticipation of your actions.

As Treasurer, Secretary and Strata Manager of SP52948, this is an official
submission in accordance with:

NSW Strata Schemes Management Act 1996
  QUOTE
  Division 4 - Inspection of records and issue of certificates
  108 Inspection of records of owners corporation
  (1) Who may inspect records? An owner, mortgagee or covenant chargee
  of a lot, or a person authorised by the owner, mortgagee or covenant
  chargee, may request the owners corporation to allow an inspection to
  be carried out under this section.

 (5) Time and place of inspection if agreement not reached
  If an applicant and the owners corporation fail to reach an
  agreement within 3 days after the owners corporation receives
  the application, the owners corporation must immediately send
  by post to the applicant a notice fixing a specified time
  (between 9 am and 8 pm) on a specified date (not later than
  10 days after the owners corporation receives the application).
 
I request access to inspect and copy the records as sent to you on three occasions
during 2015 and updated herewith.

Preferred dates for document inspections:

Friday, 28th of November 2015, from 09:30 hours onwards
Tuesday, 1st of December 2015, from 09:30 hours onwards
Friday, 4th of December 2015, from 09:30 hours onwards

As you probably know by now, it was pointless to attend the meeting
upon advice f because it was conducted illegally: Only 10 people attended
in person anyway. How dysfunctional our complex is shows the fact that
Secretary and Treasurer roles are now officially assigned to BCS.

 - My Motion was not included in the agenda

- DFT's Motion for forensic accountant to check financials was
not included in the agenda

- Access to strata documents rejected five times

- My nomination for EC was not included in the agenda or at the meeting


On 15/09/15 06:02, SP52948 owner wrote:

Sending to you specifically to prove that BCS Strata Management has problems.

http://www.nswstratasleuth.id.au/Greg-Freeman-COO-BCS-Strata-Management-Silence.pdf

That makes my job easier to pursue corruption and neglect of my (and other complexes).

-------- Forwarded Message --------
Subject:  UPDATED OFFICIAL SUBMISSION PER SSMA 1996 Section 108 SP52948 Document Viewing Request on 2Sep2015
Date:     Wed, 2 Sep 2015 21:17:51 +1000
From:     SP52948 owner
To:       strata@bcms.com.au, RussellY@bcms.com.au, Billy.Cheung@bcssm.com.au, garry.mils@bcssm.com.au

Almost three weeks passed by without any action on your side.

This comes in addition to the fact that EC had not had official meeting
for five months now. Dysfunctional committee, failing duty of care
and transparency tests.

1. BCS failed to acknowledge my request in accordance with the Act.

2. BCS failed to issue the invoice in a timely manner.

3. BCS failed to reply with details which documents they were not willing
to provide and reasons why.

An updated request for additional documents is enclosed herewith.
At the end of the month, I will submit the Motions for AGM 2015.

Mismanagement of the complex continues. Poor, repetitive repairs
without warranties, lack of major works in timely manner, delayed
payments, wrong payments, duplicate payments. Again, as in 2011,
electricity supply contract was renewed without seemingly requesting
tenders (otherwise, all owners must see the full details of the tenders).

I expect an invoice for document viewing within five working days.

On 16/08/15 21:39, SP52948 owner wrote:

Hello,

As per SSMA 1996 Section 108, I submit the request for document viewing of SP52948.

Details are in enclosed document.

Act in accordance with law. BCS Branch Manager is fully supportive of my actions as per his
own email below. It is good that he feels confident of proper actions by his company.
Evidence tells the different story.


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.

Regards
Billy Cheung
Branch Manager