Hi Simon,

Thank you for the response.

The details of attempts to submit Motions for general meeting in 2016 are
well documented and published. Version 11 of my Motions were sent to you
(and confirmed) on 1 August 2016:

http://www.nswstratasleuth.id.au/Pica-Group-and-BCS-Strata-Management-silence-to-respond-to-complaints-and-proven-mismanagement-issues-for-Strata-Plan-52948/Greg-Freeman-silent-about-BCS-Strata-Management-poor-management-of-Strata-Plan-52948-UPDATED-SUBMISSION-SP52948-Motions-for-AGM-or-EGM-2016-1Aug2016.html

This is a serious business with close to one million dollars collected from owners yearly,
so there is only one way to manage this (or any other) complex:

with transparency
with duty of care
with equal rights for all owners
with utmost level of honesty

Had only one or two of my motions been missing from the agenda, I would accept it as a sincere
and accidental mistake. However, MAJORITY of my motions were excluded from the agenda, so
how do you explain it?

The attachment shows you what you must put back in the agenda straight away.


2. The following examples show how not to run business:

http://www.nswstratasleuth.id.au/Pica-Group-and-BCS-Strata-Management-silence-to-respond-to-complaints-and-proven-mismanagement-issues-for-Strata-Plan-52948/

And the photos I just published are shameful proof of how neglected
our complex is:

http://www.nswstratasleuth.id.au/Macquarie-Gardens-photos/gallery/index.php?/category/48

I am very eager for anyone to give me any complaint with evidence to show me that I am wrong.
As my documents are factual, they are not defamatory (I already checked it with solicitors). Plus,
most of them have been published for more that several years.

At all times, I have attempted to engage BCS Strata Management in open talks and
discussions. BCS declined.


3. It must be up to owners to decide which strata agency to engage in the next period,
not allegedly due to "decision by EC members".

Note the following facts:

a) SP52948 has not had a proper public EC meeting since March 2015 (one and a half years).

b) For EC to exclude Ryan Strata from the tender, it must be done at the properly-convened
EC meeting that provides details to owners about motions, agenda, and decisions.
That did not happen. Stan Pogorelsky, who has extreme connection with BCS Strata
Management and helped them organise illegal EGM meeting in 2013 to "approve"
all actions by BCS Strata Management for the previous 13 years without giving
owners detailed agenda on what they would vote on:

http://www.nswstratasleuth.id.au/SP52948-BCS-Strata-Management-Illegal-Ratification-Process-at-Rushed-Extraordinary-General-Meeting-Dec2013.pdf

I have warned BCS Strata Management about proper process for strata management (Ryan Strata, for example)
and caretaker tenders:

http://www.nswstratasleuth.id.au/Pica-Group-and-BCS-Strata-Management-silence-to-respond-to-complaints-and-proven-mismanagement-issues-for-Strata-Plan-52948/Greg-Freeman-silent-about-BCS-Strata-Management-poor-management-of-Strata-Plan-52948-Second-Tender-for-Strata-Management-Contract-New-Strata-Laws-and-Weak-Offer-to-talk-with-EC-on-28Aug2016.html

http://www.nswstratasleuth.id.au/Pica-Group-and-BCS-Strata-Management-silence-to-respond-to-complaints-and-proven-mismanagement-issues-for-Strata-Plan-52948/Greg-Freeman-silent-about-BCS-Strata-Management-poor-management-of-Strata-Plan-52948-UPDATE-ADVANCE-NOTICE-on-14May2016-SP52948-Caretaker-and-Strata-Manager-Tenders-in-late-2016.html

I strongly suggest to add Ryan Strata back for voting and let owners corporation make a decision
based on facts.


4. For BCS Strata Management sake, I will insist that my proposed (or similar)
tender declaration be signed.

http://www.nswstratasleuth.id.au/SP52948-BCS-Strata-Manager-Refused-to-sign-Tender-Declaration-AGM2016.pdf

Two years ago, I asked the same declaration be signed, and BCS refused. My investigation showed why:

http://www.nswstratasleuth.id.au/SP52948-BCS-Strata-Manager-Tender-Declaration-AGM2014.pdf

Our complex took secret cash advance from Pica Group and repaid six months later.
This has never been disclosed to owners:

http://www.nswstratasleuth.id.au/SP52948-PICA-Creditor-Code-90906-undisclosed-cash-advance-repayment-25Mar2015.png

Regards,


On 07/10/16 16:43, Simon Brikha wrote:

Thank you for the below email.

Yes you are correct, I prepared the AGM notice and supporting documents and served it on all lot owners. That is one of the many responsibilities that a Strata Manager undertakes.  The notice period required by the Strata Scheme Management Act 1996 was complied with, the compulsory motions required by the Act were all included, and all additional motions requested by yourself were also included. If you can please advise me what parts of the AGM agenda did not comply with the Act, I will look then into those matters and reply accordingly.

Many thanks and have a great weekend.

Kind Regards



Simon Brikha
Strata Manager
Dip of Mgt (Strata)

Body Corporate Services
Level 2, 51 Rawson Street, Epping, NSW, 2121
Locked Bag 22, Haymarket NSW 1238
T: (02) 9868 2999

www.bcssm.com.au

Enhancing Community Living

Please consider the environment before printing this e-mail.


-----Original Message-----
From:    SP52948 owner 
Sent:    Thursday, 6 October 2016 8:45 AM
To:      Simon Brikha
Subject: Re: SP 52948 AGM Agenda 19.10.2016 - first comments on 4Oct2016

Thank you.

You are Secretary of the EC and as such have special responsibilities to comply with SSMA 1996.

Preparation of the meetings is your duty and responsibility.

Alleged volunteers who are on the EC cannot be held responsible for failures to manage the complex, nor they have skills to do so.

As a professional consultant who is paid for the services, it is your job to advise EC when they attempt something against the law. If they do not listen, just advise all owners.

At this stage, the meeting is again failing to satisfy basic requirements of duty of care, due diligence, professionalism, and transparency.

Latest photos, taken yesterday, show how poor the management of the complex is:

http://www.nswstratasleuth.id.au/Macquarie-Gardens-photos/gallery/index.php?/category/48

Among the other issues, three fire doors are not self-closing in the basement (non-compliant with BCA Clause 3.11). Caretaker Steve got full report from me this morning.

Sincerely,


On 05/10/16 16:50, Simon Brikha wrote:

Good afternoon.
I hope you are well.

I can confirm receipt of your email and have forwarded it onto the Executive Committee for their reference.

Many thanks and have a great afternoon.

Kind Regards


Simon Brikha
Strata Manager
Dip of Mgt (Strata)

Body Corporate Services

Level 2, 51 Rawson Street, Epping, NSW, 2121 Locked Bag 22, Haymarket
NSW 1238
T: (02) 9868 2999

www.bcssm.com.au

Enhancing Community Living

Please consider the environment before printing this e-mail.


-----Original Message-----
From:    SP52948 owner 
Sent:    Tuesday, 4 October 2016 6:17 PM
To:      Linda Leong; Simon Brikha; Mike Smythe; Greg Freeman
Subject: Re: SP52948 AGM Agenda 19.10.2016 - first comments on 4Oct2016

Hi,

For public notice:

1. As predicted by me in the past, the levies are now going significantly up (6.1%), after artificially being held low for many years under pretence that we have abundance of money in the funds.

This increase, which I will vote against, because mismanagement of funds created the loopholes, could have  been avoided had proper duty of care been applied.

In fact, it can still be avoided if parties responsible for losses from common funds are forced to repay (BCS Strata Management, BigAir Wireless, and so on).

Even more, if all owners receive details of every expense, they will certainly get shocked where money goes.


2. Motions for loose-fill asbestos program are of very limited usefullness for several reasons:

* Our complex was build in 1996 - in post-era of asbestos.

* Back in 2012, Prensa Pty Ltd (Prensa) was engaged by Napier &
Blakeley (N&B) to conduct an Asbestos Building Materials Assessment
(Assessment) of Macquarie Gardens,
1-15 Fontenoy Road, North Ryde NSW (the site). Clint Wright of Prensa conducted the Assessment on 23 July 2012 at the request of Alan Stewart of N&B.

The objective of this Assessment was to identify and assess the health risk posed by asbestos building materials which are considered accessible during normal occupation of the building.

The scope of the Assessment only included the common and plant areas of four (4), eight (8) level apartment buildings this was also to include underground carpark and central spa facilities building which consist of a gymnasium, pool and sauna. The assessment also included the exterior façade of twenty-six (26) terrace type properties situated at the western side of the site. No internal areas to the apartments within the apartment buildings and terrace houses were made accessible at the time of the inspection and were outside the scope of the Assessment.

Overall, no asbestos was found. This undisclosed report (owners never received a copy), cost owners $12,144.00.


3. Who authorised, changed and even excluded some Motions for AGM 2016 (see attachment that BCS Strata Manager and Pica Group received several times during 2016)?

My attachments are enclosed again and it is obvious which ones are missing, for example.


4. Who authorised the removal of Ryan Strata tender from the Motions and why are owners not given right to vote for it.

In 2014, without any prior experience in Caretaking as business owner, Uniqueco was "granted" contract as increase of above 16% in comparison to previous caretaker, without tender or review.

It is obvious that BCS Strata Management and Waratah Strata have almost identical quotes, which is common method for rigged tenders done by BCS Strata Management.

Was Ryan Strata approached and given explanation why they were excluded?
If the contract is properly defined, there is no risk in granting business to a new company.


5. The contract for Caretaker was allegedly "renewed" for an extra year without tender, in spite of poor services in many areas, at increased cost of around 16% in 2014, and now 1%. I am personally and solely responsible for not allowing 2% increase this year, as originally planned by EC on 21 March 2016 (see my Motion that BCS Strata Management failed to acknowledge and include for AGM 2016).

It is now official that EC meeting in March 2016 was illegal and conducted without SSMA 1996 rules.


6. Back in 2004, contract for building painting cost owners above $556,000.00.
In the end, the total cost of the painting was $556,640.00 as reported by the Strata Manager, who even provided different value of the contract to the one that EC stated at AGM 2004.
Without access to financial statements (that is one of the main issues over many years as expense transaction reports have never been provided), it is difficult to confirm which version is correct – the one from the EC member or the one from the Strata Manager.
In both cases, it is undeniable that the contract for the painting project was not approved by the EC or owners corporation in full.

The EC is claiming that the project was conducted in “legal and compliant manner”.
The EC “officially” approved only:

$446,380.00 (initial contract value)
$23,540.00 (Block D extra coat of paint)
$21,780.00 (Block A extra coat of paint)
$21,780.00 (Block B extra coat of paint)
Total: $513,480.00 (GST inclusive)

The cost “blowout” from the originally approved value of $446.380.00 was 24.7%!

Dulux consultant resigned from supervising painting project in 2004/2005 because he did not agree with how the job was done in the complex. The photos of the complex show how poorly it was done. Tomorrow, I shall publish latest photos of garden beds, and the buildings.

It is worth noting that full details of the alleged tenders for painting contract are missing from owners. Owners need to know if tenders include scaffolding (or ebb-sailing), how many coast of paint, crack refills and rendering, any remediation work for concrete cancer, type of paint used, warranty periods, warranty conditions, variance to the project if required (maximum allowed cost blowout, nbot in percentages but in absolute dollar-value), and so on.

Nobody in their sound mind would spend $600,000.00 or more without extreme checks and verification.

As well, the person involved with this bad and expensive project in
2004 (Mr. Brian
Tompson) is hired again for "supervision" at a very high cost!?


7. Alleged 10-Year Sinking Fund plan dated 2010 is not based on any valid surveys or professional assessments. As admitted in the Notice for AGM, it is not a planned maintenance program. Worthless in proper planning for the future.


Overall, poorly prepared  general meeting, without substance and important accompanying documents.

• SP52948-AGM-or-EGM-2016-Motions-by-Lot-158-v11-with-proof-of-what-BCS-deliberately-excluded-on-4Oct2016.pdf